Agenda packet — Santa Ana City Council, May 2, 2023 (part 7 of 11)

Converse Consultants
R:\2023\32\23-32-103 23-32-103 DEA, 10th and Flower Park, Santa Ana (RFP 22-124) \Proposal/23-32-103_pro(01)parks  Depth to groundwater (if encountered) and its impact on the proposed development.  Discussion on the laboratory tests result.
 Water percolation rates.
 Faulting and seismicity.
 Design seismic coefficient based on the 2022 CBC.
 Discussion of the secondary effects of earthquakes.
 Grading recommendations, including removal of unsuitable soils.  Shrinkage and subsidence coefficients.
 Excavatability of site soils.
 Structural backfill recommendations.
 Soils bearing pressure for shallow foundation design.  Static and seismic lateral earth pressures.
 Light pole foundation recommendation
 Asphalt and cement concrete pavement design.

SCHEDULE/DELIVERABLES
We will initiate our scope of work within approximately one week after notice to proceed is received, although it is subject to receiving permit, driller availability, weather, and other factors beyond Converse’s control. One day will be required to complete the fieldwork.

A PDF copy of the report will be issued within 4 weeks after field work is completed. Hard copies of the report can be provided upon the client’s request.

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www.deainc.com
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EXHIBIT C
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PM/LA LA/QA SID SLD LCAD PME CQA PE ENG HYDENG CCORD ADM SVY EE GEO ENV SPOHN Total Reim. $185 $200 $155 $155 $125 $230 $225 $200 $180 $225 $130 $130 LS LS LS LS LS $ $ A Project Coordination 30 6 4 $ 7,450 $ 100
B Records Research 4 4 2 4 4 2 $ 3,320 $ 100
C.1 Conceptual Plan (30%), 3D Exhibit / Final Schedule 24 4 4 50 4 12 $ 8,500 $ 23,690 $ 250 C.2 Preliminary Hydrology and Hydraulics Analysis 1 2 4 8 40 4 2 $ 12,765 $ 100 D Topographic Survey 1 2 $ 11,500 $ 12,145 $ 200
E Preliminary WQMP 1 2 4 40 16 2 $ 12,685 $ 100
F Public Outreach and Project Meetings 16 12 24 $ 8,360 $ 500 G Utility Coordination 2 2 2 8 4 4 $ 3,760 $ 100
H Environmental (TBD) 6 3 6 $ 58,900 $ 61,990 $ 200
Final Construction Documents (90%-100%)
I.1 Geotechnical Investigation and Report 1 2 2 $ 20,275 $ 21,180 $ 500 I.2 Horizontal Control Plans 2 1 4 6 16 2 $ 5,840 $ 100 I.3 Grading and Drainage Plans 4 6 6 16 48 2 $ 15,570 $ 100 I.4 Composite Storm Drain, Sewer and Water Plan 2 2 4 16 40 2 $ 12,390 $ 100 I.5 Erosion Control Plan 2 1 1 1 8 2 $ 2,725 $ 100
I.6 Final Water Quality Management Plan 1 2 4 24 16 4 $ 9,745 $ 100 J.1 Site Construction Plan 40 8 90 2 $ 20,510 $ 100
J.2 Planting Plan 16 4 60 $ 11,260 $ 100
J.3 Irrigation Plan 4 120 2 $ 19,600 $ 100
J.4 Skate Park Plan 4 1 $ 9,500 $ 10,440 $ 100
J.5 Landscape Construction Details 20 10 80 $ 15,700 $ 100 J.6 Final Color Rendering 4 1 32 $ 4,940 $ 100
K Electrical Plans 6 1 $ 13,900 $ 15,210 $ 100
L.1 Final Construction Documents 8 4 8 8 16 $ 8,680 $ 100 L.2 Technical Specifications 16 6 12 8 4 4 6 $ 10,060 $ 100 L.3 Final Opinion of Probable Cost 12 2 8 1 2 8 $ 5,980 $ 100 L.4 Plan Submittals, Approval Process, and Permitting 16 12 40 4 4 8 2 2 $ 13,760 $ 300 Optional Tasks / Construction
M.1 Bid Advertisement 8 8 $ 3,320 $ 150
M.2 Construction Administration 20 8 16 8 6 $ 10,840 $ 1,000 M.3 As Built Plans 4 16 2 4 8 $ 5,540 $ 250
Total (excluding optional tasks) $ 272,855 $ 3,950
Optional Task Environmental $ 58,900
Optional Task Skatepark $ 18,000
Optional Tasks (M.1 - M.3) $ 19,700 $ 1,400
Reimbursables included for budgetary purposes only.

Colored areas are not included in the total but are shown as optional.

Legend:

PM/LA=Project Manager Landscape Architect, LA/QA - Senior Landscape Architect / Quality Assurance, SID=Senior Irrigation Designer, SLD=Senior Landscape Designer, LCAD=Landscape CAD, PME= Project Manager Engineering, CQA=Civil Quality Assurance, PE=Professional Engineer, ENG=Engineer, HYDENG=Hydrology Engineer, CCORD=Civil Coordinator, ADM=Administrative, SVY=Survey, GEO= Geotechnical Engineer, EE=Electrical Engineer, SPOHN=Skatepark Designer, ENV=Environmental
Please note that scope and fee are negotiable.

City of Santa Ana
10th and Flower Park
Project Fee Schedule
Task &
Description
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EXHIBIT D
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1 FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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2 (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction City Council 17 – 78 5/2/2023
3 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City Council 17 – 79 5/2/2023
4 Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, City Council 17 – 80 5/2/2023
5 or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications City Council 17 – 81 5/2/2023
6 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
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7 (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Government-wide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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8 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
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9 (4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

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10 (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

City Council 17 – 86 5/2/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 2, 2023
TOPIC: Amend Agreement for Design Services for the Standard: McFadden Park Project

AGENDA TITLE
Amend Agreement with David Evans and Associates, Inc. for Design and Construction Support Services for the Standard – McFadden Park Project by an Additional $50,000 for the Remainder of the Agreement Term (Project No. 20-2729) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a first amendment to the agreement with David Evans and Associates, Inc. to provide design, development, and contract documents for the proposed Standard-McFadden Park project, to increase the contract by $43,505, with an approximate 15 percent contingency, for a total not to exceed amount of $50,000, for the remainder of the agreement term through August 16, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On August 17, 2021, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for two, one-year contract extensions to David Evans and Associates, Inc. to provide design, development, and contract documents for the proposed Standard-McFadden Park project. David Evans & Associates, Inc. provides design services for park amenities including for exercise areas, a playground area, half-size basketball court, skate park, turf field, canvas shade structure, landscaping, irrigation, and parking lot improvements.

David Evans & Associates, Inc. has proven to be a reliable and knowledgeable partner in the preparation of construction documents for the Standard-McFadden Park project.

They have provided the City with the additional staff and expertise necessary to design a high quality park. In an effort to increase the safety and aesthetic value of the project to the surrounding community, design revisions have been requested by City staff at the final stages of design. Additional detail of the re-design work requested is provided in the consultant’s request to increase the total contract amount (Exhibit 1).

For these reasons, staff has exceeded the initial estimation of utilization of the contracted services. Staff recommends amending the agreement with David Evans and Associates, Inc. to increase the not-to-exceed amount for the remainder of the contract City Council 18 – 1 5/2/2023
Amend Agreement with David Evans and Associate, Inc.

May 2, 2023

Page 2 ends

term (Exhibit 2). This will ensure the consultant continues to provide a high quality park design necessary to meet the unique needs of the City.

FISCAL IMPACT
Funding is available in the FY 2022-23 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit,
Account No.

Description
Amount
2022-23
(May-June)
16113264-66220
(20-2729)
PRCSA Capital
Grants
2018 Parks Bond
Act Program,
Improvements Other
Than Building
$15,000
2023-24
(July-June)
16113264-66220
(20-2729)
PRCSA Capital
Grants
2018 Parks Bond
Act Program,
Improvements Other
Than Building
$35,000
TOTAL: $50,000

EXHIBIT(S)

1. Consultant Amendment Request

2. First Amendment to Agreement with David Evans & Associates, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 18 – 2 5/2/2023
17542 E. 17th Street, Ste. 150, Tustin, CA 92780 T:714.665.4536 O:714.665.4500 March 27, 2023
Gabriel Guerrero-Gabany, P.E.

Civil Engineer
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
SUBJECT: STANDARD & MCFADDEN PARK CONSTRUCTION

ADMINISTRATION SERVICES
Dear Gabriel,
On behalf of David Evans and Associates, Inc. (DEA), we would like to thank you for the opportunity to provide the City of Santa Ana with a proposal to provide construction administration services for the above noted project.

Task 1 - 100% PS&E Delivery, Bid Assistance, Construction Administration and Record Drawings
Task 1A: 100% Plans, Specifications and Estimate - $4,100 DEA will prepare and deliver to the City 100% construction plans, technical specifications and cost estimate to accommodate option 1.

Deliverables: 100% PS&E as noted above.

Task 1B: Bid Assistance - $1,420 (7 hours of bid assistance) DEA will assist the City in providing responses to contractor requests for information during bidding. In addition, DEA will answer questions and provide clarification if conflicts arise on the civil engineering, landscape and electrical plans and specifications. Each item will be reviewed by the City prior to release of information.

Deliverables: Bid assistance as noted above.

Task 1C: Construction Administration - $24,385 (106 hours of review and coordination) DEA team members will attend the pre-construction meeting in person and be available to answer any technical questions related to information provided in the civil engineering, landscape and electrical plans and specifications. DEA will provide the City with a list of material submittals required to be submitted by the contractor for the City’s review and approval.

We understand that the City will handle the day-to-day construction management process.

The construction management team will assist the City in answering questions, reviewing submittals and shop drawings required to be submitted by the contractor for conformance with EXHIBIT 1
City Council 18 – 3 5/2/2023
March 27, 2023
City of Santa Ana
Landscape Architectural Services

Page 2 ends

17542 E. 17th Street, Ste. 150, Tustin, CA 92780 T:714.665.4536 O:714.665.4500 the plans and specifications. The DEA team will assist the City in reviewing and responding to RFI’s and clarifications during construction within five calendar days of receipt. DEA will complete shop drawing reviews within two weeks of receipt and assist the City in contract change order reviews within five working days of receipt. DEA will also be available to make delta revisions to the plans for the contractor’s use should changes be considered necessary by the construction management team.

The City utilizes the construction management software “Procore” to manage projects during construction. DEA will need to interface with "Procore" for all tasks previously described. The City will provide the DEA team with access to the "Procore" system as well as user training.

Any services required beyond 106 hours will be charged on a time and materials basis.

Deliverables: Construction administration activities as noted above.

Task 1D: Record Drawings - $13,600
DEA will prepare 'Record Drawings' in digital format utilizing general contractor provided 'field marked' plans provided by the City and As-Built information. Hard copy plan sets including mylar prints are excluded.

Deliverables: Record Drawings as noted above.

Total Fee: $43,505
Reimbursables - $1,000 (for budgetary purposes only)
Government fees, mileage, delivery costs such as Federal Express charges and plotting / reproduction services are considered reimbursable fees and shall be billed to you at cost plus 15%. Invoices will be due and payable within 30 days and will be sent monthly based upon the percentage of work completed. Any service requested which does not fall within the scope of services listed, or any duplication of work due to changes desired by the City, will be performed on an “Extra Services” basis and negotiated accordingly.

DEA would be pleased to continue assisting the City of Santa Ana with this project and could begin work immediately following receipt of an authorization to proceed. If you have any questions or require further clarification of any item, please feel free to call. We look forward to discussing this proposal with you and thank you once again for this opportunity.

Sincerely,
DAVID EVANS AND ASSOCIATES, INC.

Heath Habig, PLA 5028
Associate
City Council 18 – 4 5/2/2023
City Council 18 – 5 5/2/2023 OPTION 1
PM/LA LA/QA PME/QA PE ENG ECAD HYENG SID SLD LCAD ADM SVY GEO EE SPOHN Total Reim. $185 $195 $225 $200 $180 $140 $225 $155 $150 $125 $110 LS LS LS LS $ $ 1 Preliminary Conceptual Plan 8 14 $ 3,230 $ -
2 Final Colored Plan 4 20 $ 3,240 $ -
3 Project Meetings 8 6 $ 2,830 $ -
4 Title Sheet 8 $ 1,000 $ -
5 Horizontal Control Plan 1 4 $ 945 $ -
6 Erosion Control Plan 1 3 $ 765 $ -
7 Composite Utility Plan 1 3 $ 765 $ -
8 Precise Grading Plan, Sections and Details 6 16 $ 4,230 $ - 9 WQMP 2 2 $ 810 $ -
10 Landscape Construction Plan and Details 2 12 $ 1,870 $ - 11 Electrical Plan and Details $ 3,900 $ 3,900 $ -
12 Irrigation Plan and Details 2 36 $ 5,950 $ -
13 Planting Plan and Details 2 12 $ 1,870 $ -
14 Skatepark Plan and Details 4 $ - $ 500 $ -
15 Specifications 2 1 10 $ 1,695 $ -
16 Final Opinion of Probable Cost 1 2 8 $ 1,515 $ -
17 Plan Submittals, Approval Process and Permitting 2 4 8 32 $ 6,710 $ - 18 PSE Delivery 10 10 $ 4,100 $ -
19 Bid Assistance 2 2 3 $ 1,420 $ -
20 Construction Administration 40 8 32 8 12 6 $ 4,175 $ 24,385 $ 900 21 As Built Plans 16 2 16 2 12 8 4 18 $ 13,600 $ 100
$ 41,825 $ -
CA $ 43,505 $ 1,000
Grand Total $ 85,330 $ 1,000
Reimbursable $ 1,000
Reimbursables included for budgetary purposes only.

Greyed out areas are not included in the total cost.

Legend:

PM/LA=Project Manager Landscape Architect, LA/QA - Senior Landscape Architect / Quality Assurance, PME= Project Manager Engineering, PE=Professional Engineer, ENG=Engineer, HYENG=Hydrology Engineer, SID=Senior Irrigation Designer, LCAD=Landscape CAD, ADM=Administrative, SVY=Survey, GEO= Geotechnical Engineer, EE=Electrical Engineer, SPOHN=Skatepark Designer
Please note that scope and fee are negotiable.

City of Santa Ana
Standard - McFadden Park
Project Fee Schedule - Option 1
Task &
Description
City Council 18 – 6 5/2/2023

FIRST AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC., TO PROVIDE DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE

STANDARD-MCFADDEN PARK PROJECT
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on May 2, 2023, by and between David Evans and Associates, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
WHEREAS, following City’s issuance of Request for Proposal No. 21-055, the parties entered into Agreement No. A-2021-163, dated August 17, 2021, by which Consultant agreed to provide Design and Construction Support Services for the Standard-McFadden Park Project (Project No. 20- 2729) for the City’s Public Works Agency (“Agreement”).

WHEREAS, the Agreement is current and in effect through August 16, 2024.

WHEREAS, the parties now wish to amend the Agreement to increase the total not to exceed amount under the Agreement due to additional professional services necessary to increase the safety and aesthetic value of the project to the surrounding community, as identified in Consultant’s request to increase total contract amount, attached hereto and incorporated herein as Exhibit A-1.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to increase the not to exceed amount by $50,000.00 for a total not to exceed amount of $350,000.00 for the remainder of the term of the Agreement.

This additional $50,000.00 sum is comprised of (1) a base amount of $43,505.00 and (2) a fifteen percent (15%) contingency of $6,495.00 for additional services at the City’s sole discretion.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney
By:____________________________ _______________________________ Jonathan T. Martinez Kim Rhodes
Assistant City Attorney Vice President

RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba
Executive Director
Public Works Agency
EXHIBIT 2
City Council 18 – 7 5/2/2023
EXHIBIT A-1
City Council 18 – 8 5/2/2023
17542 E. 17th Street, Ste. 150, Tustin, CA 92780 T:714.665.4536 O:714.665.4500 March 27, 2023
Gabriel Guerrero-Gabany, P.E.

Civil Engineer
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
SUBJECT: STANDARD & MCFADDEN PARK CONSTRUCTION

Deliverables: 100% PS&E as noted above.

Deliverables: Bid assistance as noted above.

We understand that the City will handle the day-to-day construction management process.

The construction management team will assist the City in answering questions, reviewing submittals and shop drawings required to be submitted by the contractor for conformance with EXHIBIT A-1
City Council 18 – 9 5/2/2023
March 27, 2023
City of Santa Ana
Landscape Architectural Services

Page 2 ends

Any services required beyond 106 hours will be charged on a time and materials basis.

Deliverables: Construction administration activities as noted above.

Deliverables: Record Drawings as noted above.

Sincerely,
DAVID EVANS AND ASSOCIATES, INC.

Heath Habig, PLA 5028
Associate
City Council 18 – 10 5/2/2023
City Council 18 – 11 5/2/2023 OPTION 1
PM/LA LA/QA PME/QA PE ENG ECAD HYENG SID SLD LCAD ADM SVY GEO EE SPOHN Total Reim. $185 $195 $225 $200 $180 $140 $225 $155 $150 $125 $110 LS LS LS LS $ $ 1 Preliminary Conceptual Plan 8 14 $ 3,230 $ -
2 Final Colored Plan 4 20 $ 3,240 $ -
3 Project Meetings 8 6 $ 2,830 $ -
4 Title Sheet 8 $ 1,000 $ -
5 Horizontal Control Plan 1 4 $ 945 $ -
6 Erosion Control Plan 1 3 $ 765 $ -
7 Composite Utility Plan 1 3 $ 765 $ -
8 Precise Grading Plan, Sections and Details 6 16 $ 4,230 $ - 9 WQMP 2 2 $ 810 $ -
10 Landscape Construction Plan and Details 2 12 $ 1,870 $ - 11 Electrical Plan and Details $ 3,900 $ 3,900 $ -
12 Irrigation Plan and Details 2 36 $ 5,950 $ -
13 Planting Plan and Details 2 12 $ 1,870 $ -
14 Skatepark Plan and Details 4 $ - $ 500 $ -
15 Specifications 2 1 10 $ 1,695 $ -
16 Final Opinion of Probable Cost 1 2 8 $ 1,515 $ -
17 Plan Submittals, Approval Process and Permitting 2 4 8 32 $ 6,710 $ - 18 PSE Delivery 10 10 $ 4,100 $ -
19 Bid Assistance 2 2 3 $ 1,420 $ -
20 Construction Administration 40 8 32 8 12 6 $ 4,175 $ 24,385 $ 900 21 As Built Plans 16 2 16 2 12 8 4 18 $ 13,600 $ 100
$ 41,825 $ -
CA $ 43,505 $ 1,000
Grand Total $ 85,330 $ 1,000
Reimbursable $ 1,000
Reimbursables included for budgetary purposes only.

Greyed out areas are not included in the total cost.

Legend:

City of Santa Ana
Standard - McFadden Park
Project Fee Schedule - Option 1
Task &
Description
City Council 18 – 12 5/2/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 2, 2023
TOPIC: Agreements for Parks and Facilities On-Call Engineering Services

AGENDA TITLE
Approve Agreements with AESCO, Inc., Alta Planning + Design, Inc., CWE, IDS Group, Inc., J. Smith & T. Muli, Inc., KPFF Consulting Engineers, Psomas, Shannon & Wilson, Tait & Associates, Inc., and Willdan Engineering for On-Call Engineering Services in an Aggregate Amount Not to Exceed $5,000,000 for up to a Five-Year Term (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with AESCO, Inc., Alta Planning + Design, Inc., CWE; IDS Group, Inc., J. Smith & T. Muli, Inc., KPFF Consulting Engineers, Psomas, Shannon & Wilson, Tait & Associates, Inc., and Willdan Engineering, to provide on-call engineering services for a shared aggregate amount not to exceed $5,000,000, for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with provisions for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On February 21, 2023, the Public Works Agency’s Parks, Fleet and Facilities Division released Request for Proposal (RFP) No. 23-025, by which it sought the services of qualified consulting firms to provide on-call engineering services for parks and facilities.

These services are required to augment City staff efforts to complete delivery of the projects that include park and facility improvement projects; this includes professional services related to the design, construction management, and operation of public works infrastructure and City facilities such as architectural, structural, geotechnical, environmental engineering, land surveying, and any specialty engineering studies that pertain to parks, structures, and buildings throughout the city.

The RFP was advertised on PlanetBids, and proposals were received electronically via PlanetBids on March 14, 2023. The City notified a total of 91 regional vendors via PlanetBids, eight of which are Santa Ana based. Six vendors requested bidding documents and ten proposals were received and evaluated by a selection committee.

Based on criteria outlined in the RFP, the following summarizes the top responding firms:

City Council 19 – 1 5/2/2023
Agreements for Parks and Facilities On-Call Engineering Services May 2, 2023

Page 2 ends

Staff recommends awarding agreements to AESCO, Inc., Alta Planning + Design, Inc., CWE, IDS Group, Inc., J. Smith & T. Muli, Inc., KPFF Consulting Engineers, Psomas, Shannon & Wilson, Tait & Associates, Inc., and Willdan Engineering, to provide engineering services on an as-needed basis (Exhibits 1-10). Their proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. The firms’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City. All firms selected for this award are currently under agreement with the City for other consulting services and have performed quality work.

FISCAL IMPACT
At this time, there is no fiscal impact associated with this action. During the FY 2022- 2026 contractual term, the Public Works Agency (PWA) will follow the established oncall services process when requesting necessary fiscal review and authorization for any potential fiscal impact. Prior to utilizing the on-call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the shared $5,000,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.

EXHIBIT(S)

1. Agreement with AESCO, Inc.

2. Agreement with Alta Planning + Design, Inc.

3. Agreement with CWE

4. Agreement with IDS Group, Inc.

5. Agreement with J. Smith & T. Muli, Inc.

6. Agreement with KPFF Consulting Engineers
Firm City Ranking
AESCO, Inc. Huntington Beach, CA 1
Alta Planning + Design, Inc. Los Angeles, CA 2
CWE Fullerton, CA 3
IDS Group, Inc. Irvine, CA 4
J. Smith & T. Muli, Inc. San Juan Capistrano, CA 5
KPFF Consulting Engineers Long Beach, CA 6
Psomas Santa Ana, CA 7
Shannon & Wilson Burbank, CA 8
Tait & Associates, Inc. Santa Ana, CA 9
Willdan Engineering Anaheim, CA 10
City Council 19 – 2 5/2/2023
Agreements for Parks and Facilities On-Call Engineering Services May 2, 2023

Page 3 ends

7. Agreement with Psomas

8. Agreement with Shannon & Wilson

9. Agreement with Tait & Associates, Inc.

10.Agreement with Willdan Engineering
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 19 – 3 5/2/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND AESCO, INC. FOR ON-CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between AESCO, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On February 22, 2023 the City issued a Request for Proposal (“RFP”) No. 23-025, by which it desired to retain a consultant having special skill and knowledge in the field of engineering services on an “on-call” basis for the City’s Public Works Agency.

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant’s Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of ten (10) separate consultants selected to provide services on an on-call basis under RFP 23-025. The total compensation for services provided by all consultants selected under RFP 23-025 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below.
b. Payment by City shall be made within forty-five (45) days following receipt of proper EXHIBIT 1
City Council 19 – 4 5/2/2023

Page 2 of 10 ends

invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on May 2, 2023 and end on May 1, 2026, with the option for the City to grant up to two (2), 1-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as:

City Council 19 – 5 5/2/2023

Page 3 of 10 ends

(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(iii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfCity Council 19 – 6 5/2/2023

Page 4 of 10 ends

insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
• The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and City Council 19 – 7 5/2/2023

Page 5 of 10 ends

Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
(x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

City Council 19 – 8 5/2/2023

Page 6 of 10 ends

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

City Council 19 – 9 5/2/2023

Page 7 of 10 ends

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

City Council 19 – 10 5/2/2023

Page 8 of 10 ends

17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Council 19 – 11 5/2/2023

Page 9 of 10 ends

To Consultant:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Adam Chamaa
President
AESCO, Inc.
17782 Georgetown Lane
Huntington Beach, CA 92647
Fax: 714-375-3831
Vice
City Council 19 – 12 5/2/2023

Page 10 of 10 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SANTA ANA AND AESCO, INC.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO AESCO, INC.:

City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director,
Public Works Agency
Adam Chamaa
Vice President
City Council 19 – 13 5/2/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 19 – 14 5/2/2023
City of Santa Ana RFP 23-025
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

PARKS & FACILITY ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

INTRODUCTION/BACKGROUND
The City of Santa Ana intends to retain Civil Engineering Consultants on an as-needed or "oncall" basis. A Professional Services Agreement will be entered into with several of the qualified firms Civil Engineering consultant(s) to provide professional services for a variety of projects on an oncall basis. On an on-call, as-needed basis, the selected firm(s) may later be asked to provide professional engineering services proposals on specific, project-by-project basis, based on an agreed-upon specific scope of services and fees.

In general, work consists of general engineering design projects. Funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The projects may include water and sewer infrastructure design and rehabilitation improvements, storm drain improvements; sidewalks, bike paths, curb and gutrer replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design., grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for mapping and legal description preparation, construction management, staking and inspection. Occasionally the City may also need geotechnical, electrical, mechanical, structural, and other specific infrastructure related services.

The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub-consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require 11 sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the snb-consultant.

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

City Council 19 – 15 5/2/2023
City of Santa Ana RFP 23-025
Page A1-2
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

The work in general, consists of work in the following areas and not limited to:
• Civil Design
• Transportation/Traffic
• Structural
• Geotechnical
• Land Surveying
• Architectural
• Landscape Architectural and Irrigation
• Environmental
• Electrical
• Mechanical
• Instrumentation and Control Systems
• Fire Protection
• Land Surveying
• Financial and Economic Consulting Engineering Consulting Engineering In addition to general engineering design projects Consultants may be asked to perform the following tasks:
• Hydraulic modeling of the water distribution, storm water, and sewer collection systems • Evaluations, studies and recommendations related to water wells, reservoirs, water treatment systems, disinfection systems, pressure control systems, and sewage lift stations,
• Electrical and industrial control systems evaluations, studies, drawings, documentation and recommendations
• Mapping Services
• Legal Description Preparations
• Grant Writing- Services
• Environmental/Planning Support
• Construction Management Support
• Pavement Management
• Special Engineering Studies/Reports/Compliance and Investigations • Regulatory Compliance with Federal and State and Local Agencies • Financial/cash flow analysis public works programs
• Assessment and District Formation Services
• Sustainable Infrastructure Services
• Right of Way Studies
If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form).

City Council 19 – 16 5/2/2023
City of Santa Ana RFP 23-025
Page A1-3
For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

General. Requirements and Project Deliverable
The Consultant's services for plans specifications and estimating (PS&E) for engineering project preparation and special studies/investigations shall include and in be in confom1auce with the latest editions of the following: Title 24 of tile California Code of Regulations (California Building Standards Code). American Water Works Association, California Department of Transportation, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by tile City, and or federal, state and local guidelines established in the project.

As part of the preparation of the PS&E, tile consultant shall prepare the special provisions pertaining to the items of work included in tile plans that are not addressed on the latest editions of the applicable standards.

The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in. the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified.

The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
• Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks inch1ded therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed
• Deliverables
• Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification.

City Council 19 – 17 5/2/2023
City of Santa Ana RFP 23-025
Page A1-4
The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

2. Conduct an environmental assessment for each project and prepare all documentation required to comply with California Environmental. Quality Act (CEQA), and or National Environmental Protection Act (NEPA). (If required)

3. Provide all field survey and topographic work necessary to complete the design effort.

Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 88 and the vertical datum shall be NAVD 88.

4. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer’s estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant.

5. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum paper using Microstation V8i CADD software program. All drawings shall be completed per the City of Santa Ana CADD Standards and any special provisions thereof. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly.

6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/in- charge of the project.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 18 5/2/2023
City of Santa Ana RFP 23-025
Page A1-5
construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

8. If included in the on-call project scope, upon completion of construction, the Consultant shall prepare as-built plans and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as-built plans shall be submitted to the City with an electronic copy (in Microstation V8i CADD and pdf formats) of the final as-built drawings via CD or e mail.

9. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub-consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by lhe City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional-level quality of work product.

10. If included in the on call project scope, attend meetings with the City staff as required. 1I. If included in the on-call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant All tasks orders shall include the staff title, hours, hourly .rate and totals as related to the project.

City Council 19 – 19 5/2/2023
City of Santa Ana RFP 23-025
Page A1-6
Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

Consultant shall field review, inspect and conduct all necessary surveys to prepare a Preliminary Design Report (PDR) or alternatives, preliminary cost estimate and preferred alternative as requested by the project manager.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

One (1) copy of the documents with comments will be returned to the consultant. Unless, several agencies are involved in the review process multiple documents with comments will be provided to the consultant.

After the final design comments have been incorporated the consultant shall provide the City with final (PS&E) package ready for bid. See Section - General Requirements and Project Deliverables Section.

Project Schedule and Progress:

Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements 1md project schedule progress.

City Responsibilities:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City
• Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders
• Facilitate meeting space and coordination and City facilities Fee Proposal:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 20 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 21 5/2/2023

EXHIBIT B

COMPENSATION
Consultant’s Fee Proposal
City Council 19 – 22 5/2/2023
Construction Material Testing/Inspection  Environmental  Geotechnical Engineering Services Orange County
17782 Georgetown Lane
Huntington Beach, California 92647
Tele: (714) 375-3830
Fax: (714) 375-3831
San Bernardino County
14163 Arrow Boulevard
Fontana, California 92335
Tele: (909) 284-9200
Fax: (909) 284-9201
March 14, 2023
Mr. Michael Ortiz
City of Santa Ana
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Subject: Fee Proposal
Parks and Facility On-Call Engineering Services
RFP No. 23-025
City of Santa Ana
AESCO Proposal No. P8010
Dear Mr. Ortiz:

AESCO is pleased to submit this Fee Proposal for the above-referenced project. The Scope of Work consists of providing professional engineering services on an as-needed or "on-call" basis for general engineering design projects on an as-needed basis. Our Standard Schedule of Fees is attached.

If you need further assistance regarding this matter, please give feel free to call either myself or Ms. Debra Perez. We look forward to hearing from you.

Very truly yours,
AESCO, Inc.

Adam Chamaa, MSCE, P.E., G.E. Debra Perez
Engineering Manager Project Manager
Kay Alabed
President
City Council 19 – 23 5/2/2023
AESCO Proposal No. 8010
Construction Material Testing/Inspection  Environmental  Geotechnical Engineering Services

ATTACHMENTS
City Council 19 – 24 5/2/2023
Schedule of Fees
Code Item $/Unit Unit
P100 Principal Professional Engineer $ 220.00 Hour
P101 Senior Geotechnical Engineer $ 205.00 Hour
P102 Project Engineer / Manager $ 175.00 Hour
P103 Geologist $ 185.00 Hour
P104 Quality Control Manager $ 175.00 Hour
P105 Senior Staff Engineer $ 170.00 Hour
P116 Health and Safety Officer $ 205.00 Hour
P115 LA City Deputy Methane Specialist $ 150.00 Hour
P107 Laboratory Manager $ 140.00 Hour
P108 Laboratory Technician $ 115.00 Hour
P109 CADD Operator/Draftsperson $ 95.00 Hour
P110 Data Processing, Technical Editing or Reproduction $ 95.00 Hour P111 Expert Witness Testimony $ 465.00 Hour
P112 Certified Payroll, per hr. $ 170.00 Hour
P113 Senior Staff Environmental Engineer $ 170.00 Hour
P114 Senior Environmental Engineer $ 205.00 Hour
Field Technician
Code Item $/Unit Unit
T150 Special Inspector (Reinforced Concrete, and Masonry) $ 125.00 Hour T151 Special Inspector (Structural Steel, Drilled-In-Anchors $ 125.00 Hour T152 Special Inspector for Welding $ 125.00 Hour
T153 DSA Class I Inspector $ 145.00 Hour
T154 DSA Class II Inspector $ 135.00 Hour
T155 Special Inspector for Fireproofing $ 125.00 Hour
T156 Special Inspector Load Tests or Torque/Bolt) $ 125.00 Hour T157 Special Inspector Rebar Sample $ 125.00 Hour
T158 Special Inspector Pachometer $ 125.00 Hour
T159 Senior Asphalt Placement Technician $ 125.00 Hour
T160 Asphalt Placement Technician $ 125.00 Hour
T161 Asphalt/Concrete Plant Technician $ 125.00 Hour
T162 ACI/Caltrans Technician $ 125.00 Hour
T163 Senior Soils Technician $ 125.00 Hour
T164 Senior Grading Inspector $ 130.00 Hour
T165 Staff Grading Inspector $ 125.00 Hour
T166 Soils Technician $ 125.00 Hour
T167 Pile Driving Inspector $ 140.00 Hour
T168 AWS Certified Welding Inspector $ 125.00 Hour
T169 NACE Coating Inspector $ 150.00 Hour
T170 Field Coring Technician $ 125.00 Hour
T171 Nondestructive Examination Technician, UT, MT, LP $ 130.00 Hour T172 Structural Steel Fabrication Inspector (AWS) $ 130.00 Hour T177 Senior Environmental Technician $ 140.00 Hour
T178 Environmental Technician $ 140.00 Hour
T179 Building Inspector $ 145.00 Hour
Fabrication Shop Inspections
Code Item $/Unit Unit
T173 Structural Steel Inspector (ICC/CBO) 125 Hour
T174 Structural Steel Inspector (AWS) 125 Hour
T175 Batch Plant Quality Control Technician/Inspector 125 Hour T176 Reinforced Concrete, Prestressed Inspector 125 Hour Field Inspector/Technician Hours
No Work Performed (Work Cancelled)
Professional Staffing
AESCO Standard Fees
City Council 19 – 25 5/2/2023
Schedule of Fees
All field services charge
Regular Work Hours
First 8 hours, Monday through Friday, between 5:00 a.m. to 5:00 p.m.

Direct Project expenses outside services will be charged at Cost + 15%.

Time and One-Half
Any increment past first 8 hours through 12 hours, Monday through Friday First 12 hours on Saturday
Shift between 3:00 a.m. and 5:00 a.m.

Double Time
Any hours past 12 hours Monday through Saturday, all day Sunday and Federal Holidays Field Analysis
Code Item $/Unit Unit
G200 Soil Boring with Hollow Stem Auger Drilling Portal to Portal $ 415.00 Hour G201 Backfill Boreholes with Bentonite $ 26.00 Foot
G202 Backfill Boreholes with Grout $ 37.00 Foot
G203 Drumming and Disposal of Clean Cuttings $ 410.00 Drum G204 Fire Water Buffalo $ 578.00 Day
G205 Support Truck $ 158.00 Day
G206 Water Truck $ 473.00 Day
G207 Mobilization and Demobilization for Rock coring $ 1,208.00 Each G208 Rock Coring $ 478.00 Hour
G209 Decontamination of Vehicle and Equipment (Up to 100 miles) $ 315.00 Each G210 Field Resistivity, up to 3 arrays, maximum distance of 40 ft. $ 1,890.00 Each G211 Environmental Soil Boring with Hollow Stem Auger Portal to Portal $ 446.00 Hour G212 Environmental Soil Boring with Direct Push Portal to Portal $ 399.00 Hour G213 Environmental Groundwater Sampling with Grundfos, Portal to Portal $ 289.00 Hour G214 Environmental Analysis of soil for waste classification Quote/Sample G215 Environmental Analysis of liquid for waste classification Quote/Sample G216 Ground Resistance Tester (Four Point Method), plus travel $ 1,700.00 Each G217 Potholing, two-man crew $ 600.00 Hour
Mix Design Review
Code Item $/Unit Unit
D250 Review of Concrete Mix Design $ 168.00 Each
D251 Review of Grout Mix Design $ 168.00 Each
D252 Review of Mortar Mix Design $ 168.00 Each
D253 Review of Asphalt Mix Design $ 210.00 Each
Sample Pick-Up/Hold
Code Item $/Unit Unit
All hold samples are charged at the same rate as the testing rate U303 Technician for Specimen pick up, minimum 2 hours $ 120.00 Hour U304 Vehicle (Up to 100 miles) $ 75.00 Trip
Field Equipment Charges
Code Item $/Unit Unit
E350 Brass Mold $ 21.00 Each
E351 Concrete Air Meter $ 53.00 Day
E352 Concrete Unit Weight (Scale, Bucket, Rod and Mallet) $ 32.00 Day E353 Field Vehicle Usage (Up to 100 miles) $ 74.00 Trip E354 Concrete/Asphalt Coring Equipment rental (min 4 hrs and 8 hrs after) $ 200.00 Hour E355 Fireproofing Adhesion/Cohesion $ 21.00 Test
E356 Hand Auger Equipment $ 131.00 Day
E357 Level D Personal Protective Equipment (PPE), per person $ 42.00 Day City Council 19 – 26 5/2/2023
Schedule of Fees
E358 Liquid Penetrating Consumables $ 32.00 Day
E359 Magnetic Particle Equipment and Consumables $ 42.00 Day E360 Ultrasonic Equipment and Consumables $ 68.00 Day
E361 Nuclear Density Gauge Usage $ 19.00 Hour
E362 Compaction Test, per location $ 21.00 Test
E363 Portable Concrete Laboratory-not including Technicians $ - Quote/Day E364 Pachometer (Rebar Locator) $ 58.00 Day
E365 Environmental PID Usage $ 200.00 Day
E366 Pull Test Equipment $ 74.00 Day
E367 Sand Cone Test Kit (Scale, Burner, Sand Cone Apparatus) $ 179.00 Day E368 Schmidt Hammer $ 53.00 Day
E369 Torque Wrench, Small $ 21.00 Day
E370 Torque Wrench, Large $ 37.00 Day
E371 Torque Multiplier (Skidmore) $ 95.00 Day
E372 Miscellaneous Equipment Charge $ - Quote Each
E373 Vapor Emission Kit $ 58.00 Each
E374 Field Resistivity Meter $ 240.00 Day
E375 Water Level Meter $ 80.00 Day
E376 Environmental ph/Turbidity/Conductivity/Temp Meter $ 110.00 Day E377 Environmental FID Usage $ 110.00 Day
E378 Environmental groundwater sampling pump $ 215.00 Day E379 XRF Lead Analyzer $ 131.00 Day
E380 Relative Humidity $ 74.00 Day
E381 GPR (Groud Penetrating Radar), for buried rebar in concrete $ 90.00 Hour E382 Load Cell for tension - Maximum 2,000 lb $ 55.00 Hour Schedule of Fees for Laboratory Services
Concrete Tests
Code Item $/Unit Unit
C400 6” x 12” Cylinder: Compression Strength (ASTM C39) $ 37.00 Test C401 6” x 6” x 18” Flexural Beams Not Exceeding Referenced Size (ASTM C78, C293, or CTM 523) $ 84.00 Test C402 Cylinders: Splitting Tensile Strength (ASTM C496) $ 84.00 Test C403 Core Compression including Trimming (ASTM C39) $ 53.00 Test C404 Coring of Test Panels in Lab $ 26.00 Each
C405 Diamond Sawing of Cores or Cylinders (ASTM C642) $ 26.00 Test C406 Density, Absorption, and Voids in Hardened Concrete (ASTM C642) $ 315.00 Test C407 Modulus of Elasticity Static Test (ASTM C469) $ 131.00 Test C408 Unit Weight Including Lightweight Concrete $ 68.00 Test C409
Drying Shrinkage Up to 28 Days: Three 3” x 3” or 4” x 4” Bars, Five Readings up to 28 Dry Days (ASTM C157) $ 394.00 Test
C410 Additional Reading $ 47.00 Set of 3 Bars
C411 Storage Over Ninety (90) Days $ 37.00 Set of 3 Bars/Month C435 Coefficient of Thermal Expansion of Concrete (CRD 39, AASHTO T336) $ 840.00 Test C436 Compression Test (ASTM C495 and C472) $ 47.00 Test C437 Air Dry Density (ASTM C472) $ 37.00 Test
C438 Oven Dry Density (ASTM C495) $ 63.00 Test
C439 Sample Trimming in the lab, up 6” diameter $ 21.00 Test Concrete Block, ASTM C140
Code Item $/Unit Unit
C412 Compression (3 Required Per ASTM) $ 63.00 Each
C413 Absorption/Moisture Content/Oven Dry Density (3 Required per ASTM) $ 95.00 Each C414 Linear/Volumetric Shrinkage (ASTM C426) $ 105.00 Test C415 Web and Face Shell Measurements $ 47.00 Test
C416 Tension Test $ 179.00 Test
C417 Core Compression $ 58.00 Test
C418 Shear Test of Masonry Cores: 2 Faces $ 95.00 Test
C419 Efflorescence Test (3 Required), each $ 58.00 Test City Council 19 – 27 5/2/2023
Schedule of Fees
Laboratory Trial Batch: Cement, Concrete, Grout and Mortar Code Item $/Unit Unit
L450 All trial batch for cement, concrete, grout, mortar, etc Quote Each Brick Masonry Tests
Code Item $/Unit Unit
M500 Modulus of Rupture: Flexural (5 Required Per ASTM), each $ 58.00 Test M501 Compression Strength (3 Required Per ASTM), each $ 53.00 Test M502 Absorption: 5 Hour or 24 Hour (5 Required), each $ 53.00 Test M503 Absorption (Boil): 1, 2, or 5 Hours (5 Required), each $ 84.00 Test M504 Initial Rate of Absorption (5 Required), each $ 42.00 Test M505 Efflorescence (5 Required), each $ 89.00 Test
M506 Core: Compression, each $ 74.00 Test
M507 Shear Test on Brick Core: 2 Faces, each $ 95.00 Test Masonry Prisms
Code Item $/Unit Unit
M508 Compression Test: Composite Masonry Prisms Up To 8” x 16” 210 Test M509 Compression Test: Composite Masonry Prisms Larger Than 8” x 16” 305 Test M510 Masonry: Cutting of Cubes or Prisms 74 Test
Mortar and Grout
Code Item $/Unit Unit
M511 Compression: 2” x 4” Mortar Cylinders 47 Test
M512 Compression: 3” x 3” x 6” Grout Prisms, Includes Trimming 63 Test M513 Compression: 2” Cubes (ASTM C109) 63 Test
M514 Compression: Cores (ASTM C42) 63 Test
M515 Mortar Expansion (ASTM C806) 315 Test
Fireproofing Tests
Code Item $/Unit Unit
F550 Oven Dry Density 79 Test
F551 Adhesion/Cohesions Testing, per hour, 4 hour minimum 126 Test Gunite and Shotcrete Tests
Code Item $/Unit Unit
C420 Core Compression Including Trimming (ASTM C42) 63 Test C421 Compression 6” x 12” Cylinders 37 Test
C422 Compression: Cubes 42 Test
Soils and Aggregate Tests
Code Item $/Unit Unit
S600 Atterberg Limits/Plasticity Index (ASTM D4318) $ 147.00 Test S601 Chloride and Sulfate Content (CTM 417, CTM 422) $ 152.00 Test S602 Consolidation, Full Cycle (ASTM 2435, CTM 219) $ 289.00 Test S603 Cleanness Value: 1” x #4 (CTM 227) $ 194.00 Test
S604 Cleanness Value: 2.5” x 1.5” or 1.5” x .75” (CTM 227) $ 310.00 Test S605 Corrosivity Series: Sulfate, Cl, pH (CTM 643 and 417) $ 210.00 Test S606 Lab Resistivity $ 131.00 Test
S607 Direct Shear Test (ASTM D3080) $ 268.00 Test
S608 Direct Shear Test, per point $ 116.00 Test
S609 Direct Shear Test Sample Remolding (ASTM D3080) $ 47.00 Test S610 Durability Index Fine Aggregate $ 168.00 Test
S611 Expansion Index (ASTM D4829, UBC 18-2) $ 163.00 Test S612 Durability Index: Coarse Aggregate $ 168.00 Test
S613 Maximum Density: Methods A/B/C (ASTM D1557 or D698, CTM 216) $ 194.00 Test S614 Maximum Density: Check Point abrasion (ASTM D1557) $ 79.00 Test S615 Maximum Density: AASHTO C (Modified) (AASHTO T-180) $ 210.00 Test City Council 19 – 28 5/2/2023
Schedule of Fees
S616 Moisture Density Rock Correction $ 168.00 Test
S617 Moisture Content (ASTM D2216, CTM 226) $ 26.00 Test S618 Density: Ring Sample (ASTM D2937) $ 32.00 Test
S619 Density: Shelby Tube Sample (ASTM D2937) $ 58.00 Test S620 Organic Impurities (ASTM C40) $ 100.00 Test
S621 Failing Head Permeability (ASTM D2434) $ 263.00 Test S622 R-Value: Soil (ASTM 2844) $ 373.00 Test
S623 R-Value: Aggregate Base (ASTM D2844) $ 373.00 Test S624 Sand Equivalent (ASTM D2419, CTM 217) $ 137.00 Test S625 Soil Classification (ASTM D2487) $ 37.00 Test
S626 Sieve #200 Wash Only (ASTM D1140) $ 100.00 Test
S627 Sieve with Hydrometer: Sand to Clay (ASTM D422) $ 305.00 Test S628 Sieve Analysis including Wash (ASTM C136) $ 179.00 Test S629 Sieve Analysis Without Wash $ 126.00 Test
S630 Specific Gravity and Absorption: Coarse (ASTM C127, CTM 202) $ 100.00 Test S631 Specific Gravity and Absorption: Fine(ASTM C128, CTM 207) $ 168.00 Test S632 Swell/Settlement Potential: One Dimensional (ASTM D4546) $ 173.00 Test S633 Unit Weight Coarse Aggregate $ 84.00 Test
S634 Unit Weight Fine Aggregate $ 84.00 Test
S635 Voids in Aggregate (ASTM C29) $ 95.00 Test
S636 Unconfined Compression (ASTM D2166, CTM 221) $ 105.00 Test S637 LA Rattler $ 205.00 Test
S638 pH of soil $ 26.00 Test
S639 Pocket Penetration Test $ 11.00 Test
Asphalt Concrete Tests
Code Item $/Unit Unit
A650 Asphalt Core Density $ 63.00 Test
A651 Extraction % AC by Ignition Oven (CTM 382) $ 184.00 Test A652 Gradation on Extracted Asph (ASTM D6507 andD5444, CTM 202, and CTM 382) $ 105.00 Test A653 Moisture Content (CTM 370) $ 79.00 Test
A654 Maximum Theoretical Specific Gravity (RICE) (ASTM D2041, CTM 309) $ 168.00 Test A655 Specific Gravity and Absorption: Coarse (ASTM C127, CTM 206) $ 95.00 Test A656 Specific Gravity and Absorption: Fine (ASTM C128, CTM 207) $ 168.00 Test A657 Sieve Analysis (ASTM D5444 and C136) $ 100.00 Test A658 Sieve Analysis with Wash (ASTM D5444) $ 147.00 Test A659 Sand Equivalent (ASTM D2419) $ 142.00 Test
A660 5 pt LTMD Bulk Specific Gravity (CTM 308, CTM 375) $ 299.00 Test A661 Flat and Elongated Particles (ASTM D4791) $ 221.00 Test A662 Fine Aggregate Angularity (AASHTO T304 A) $ 205.00 Test A663 Maximum Density HVEEM (ASTM D1560) $ 221.00 Test
A664 Maximum Density Marshall (ASTM D1559 and D561) $ 221.00 Test A665 Mix Stability (CTM 304) $ 221.00 Test
A668 Wet track Abrasion Loss (ASTM D3910), each $ 184.00 Test A669 Extraction % of Emulsion (ASTM D6307) $ 163.00 Test A670 Slurry seal field consistency test (ASTM D3910) $ 89.00 Test Reinforcing Steel
Code Item $/Unit Unit
R700 Bend Test: #11 or Smaller $ 68.00 Test
R701 Bend Test: Larger Than # 11 $ 100.00 Test
R702 Tensile Test: # 11 or Smaller $ 89.00 Test
R703 Tensile Test: # 14 $ 121.00 Test
R704 Tensile Test: # 18 $ 300.00 Test
R705 Slippage Test In Addition to Tensile Test (Per Caltrans 52-1.08C) $ 350.00 Test R706 Tensile Test: Mechanical Splice # 11 and Smaller $ 130.00 Test R707 Tensile Test: Mechanical Splice # 14 $ 180.00 Test R708 Tensile Test: Mechanical Splice # 18 $ 350.00 Test R709 Tensile Test: Welded # 11 and Smaller $ 90.00 Test R710 Tensile Test: Welded # 14 $ 130.00 Test
R711 Tensile Test: Welded # 18 $ 300.00 Test
City Council 19 – 29 5/2/2023
Schedule of Fees
R712 Sample Straightening for Bend or Tensile Test (if required) $ 65.00 Test R713 Testing Multi-Wire Steel Prestressing Strand $ 350.00 Test R714 Tensile Test: T-Head #11 and Smaller $ 160.00 Test R715 Tensile Test: T-Head #14 $ 210.00 Test
R716 Tensile Test: T-Head #18 $ 300.00 Test
R717 Tensile Test: Welded Hoops # 11 and Smaller $ 130.00 Test R718 Tensile Test: Welded Hoops # 14 $ 180.00 Test
Metal Testing
Code Item $/Unit Unit
R714 Hardness Test (Rockwell) and Brinnel (ASTM E18) $ 79.00 Test R715 Hardness Test of Nuts $ 89.00 Test
R716 Hardness Test of Bolts $ 105.00 Test
R717 Hardness Test of Washers $ 89.00 Test
R718 ASTM F606 Bolt Axial, Wedge Tensile and Proof load $ 125.00 Test Concrete Coring Services
Code Item $/Unit Unit
C423 Equipment Concrete (4 and 8 hour minimum) $ 210.00 Hour Individual Core Prices (all prices are for a four core minimum job): $ - C424 Slab on Grade Coring for 2”,3” and 4” Diameter (first 6” depth) each $ 74.00 Test C425 Slab on Grade Coring for 6” and 8” Diameter (first 6” depth) each $ 79.00 Test C426 Slab on Grade Concrete Core (price per inch after 6” depth) $ 11.00 Test C427 Wall Cores 2”,3” and 4” (first 6” in depth) each $ 89.00 Test C428
Wall Concrete Core (price per inch after 6” in depth), per inch (Wall core pries based on Contractor supplying access to area to be cored) $ 11.00 Inch Miscellaneous Concrete Coring Prices: $ -
C429 Patching Slab on Grade Cored Holes with 2500 psi Concrete Patch, each $ 21.00 Test C430 Thickness Determination per ASTM C42, each $ 21.00 Test C431 Compression Strength Determination $ 68.00 Test
Asphalt Concrete Coring Services
Code Item $/Unit Unit
Alternate Individual Core Prices (all prices are for a four core minimum job):

A661 Asphaltic Concrete Cores 2”,3” and 4” Diameter (First 6” in depth), each $ 74.00 Test A662 Asphaltic Concrete Cores 6” and 8” Diameter (First 6” in depth), each $ 74.00 Test A663 Asphaltic Concrete Cores price per inch after 6” in depth, each $ 11.00 Test Miscellaneous Asphaltic Coring Prices:

A664 Patching of Core Drilled Holes Using Cold Patch Material, each $ 32.00 Test A665 Thickness Determination per ASTM C42, each $ 37.00 Test A666 Specific Gravity for Determination of Percent Compaction per ASTM D 2726, each $ 47.00 Test A667 Specific Gravity for Determination of Percent Compaction by Paraffin, each $ 68.00 Test Environmental Tests
Code Item $/Unit Unit
N800 Asbestos Polarized Light Microscopy (PLM) 3-Day Turnaround, each $ 21.00 Test N801 Asbestos Polarized Light Microscopy (PLM) 24-Hour Turnaround, each $ 42.00 Test N802 Asbestos Polarized Light Microscopy (PLM) 8-Hour Turnaround, each $ 74.00 Test City Council 19 – 30 5/2/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ALTA PLANNING + DESIGN, INC. FOR ON-CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Alta Planning + Design, Inc. Consultant
corporation organized and existing under the Constitution and laws of the State of California

RECITALS
A. On February 22, 2023 the City issued a Request for Proposal No. 23-025, by which it desired to retain a consultant having special skill and knowledge in the field of engineering services on an on-call
B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 23-025, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services , which was included in RFP 23-025 and is attached hereto and fully incorporated herein by this reference as Exhibit A. 2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the
Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of ten (10) separate consultants selected to provide services on an on-call basis under RFP 23-025. The total compensation for services provided by all consultants selected under RFP 23-025 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below.

EXHIBIT 02
City Council 19 – 31 5/2/2023

Page 2 of 10 ends

b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

City Council 19 – 32 5/2/2023

Page 3 of 10 ends

b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(iii) Work
with limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) Professional Liability (Errors and Omissions) Insurance $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement
Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) Primary Coverage. For any claims related to this contract, the ce coverage shall be primary insurance primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the City, City Council 19 – 33 5/2/2023

Page 4 of 10 ends

its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a curr rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:

The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting City Council 19 – 34 5/2/2023

Page 5 of 10 ends

coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
(x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

City Council 19 – 35 5/2/2023

Page 6 of 10 ends

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like hall include all
nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

City Council 19 – 36 5/2/2023

Page 7 of 10 ends

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall Agreement performed by City personnel or by other consultants retained by City.

City Council 19 – 37 5/2/2023

Page 8 of 10 ends

To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Council 19 – 38 5/2/2023

Page 9 of 10 ends

To Consultant:

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Steven Frieson
Vice President & Principal-in-Charge
Alta Planning + Design, Inc.
711 SE Grand Avenue
Portland, OR 97214
Fax: 503-230-9862
City Council 19 – 39 5/2/2023

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SANTA ANA AND ALTA PLANNING + DESIGN, INC.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO ALTA PLANNING + DESIGN, INC.:

City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director,
Public Works Agency
resident
City Council 19 – 40 5/2/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 19 – 41 5/2/2023
City of Santa Ana RFP 23-025
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

INTRODUCTION/BACKGROUND
The City of Santa Ana intends to retain Civil Engineering Consultants on an as-needed or "oncall" basis. A Professional Services Agreement will be entered into with several of the qualified f ms Civil Engineering consultant(s) to provide professional services for a variety of projects on an oncall basis. On an on-call, as-needed basis, the selected f rm(s) may later be asked to provide professional engineering services proposals on specific, project-by-project basis, based on an agreed-upon specific scope of services and fees.

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

City Council 19 – 42 5/2/2023
City of Santa Ana RFP 23-025
Page A1-2
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

The work in general, consists of work in the following areas and not limited to:

Civil Design
Transportation/Traffic
Structural
Geotechnical
Land Surveying
Architectural
Landscape Architectural and Irrigation
Environmental
Electrical
Mechanical
Instrumentation and Control Systems
Fire Protection
Land Surveying
Financial and Economic Consulting Engineering Consulting Engineering In addition to general engineering design projects Consultants may be asked to perform the following tasks:

Hydraulic modeling of the water distribution, storm water, and sewer collection systems Evaluations, studies and recommendations related to water wells, reservoirs, water treatment systems, disinfection systems, pressure control systems, and sewage lift stations,
Electrical and industrial control systems evaluations, studies, drawings, documentation and recommendations
Mapping Services
Legal Description Preparations
Grant Writing- Services
Environmental/Planning Support
Construction Management Support
Pavement Management
Special Engineering Studies/Reports/Compliance and Investigations Regulatory Compliance with Federal and State and Local Agencies Financial/cash flow analysis public works programs
Assessment and District Formation Services
Sustainable Infrastructure Services
Right of Way Studies
If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form).

City Council 19 – 43 5/2/2023
City of Santa Ana RFP 23-025
Page A1-3
For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks inch1ded therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification.

City Council 19 – 44 5/2/2023
City of Santa Ana RFP 23-025
Page A1-4
The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

3. Provide all field survey and topographic work necessary to complete the design effort.

All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 4. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer’s estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 45 5/2/2023
City of Santa Ana RFP 23-025
Page A1-5
construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

City Council 19 – 46 5/2/2023
City of Santa Ana RFP 23-025
Page A1-6
Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

Project Schedule and Progress:

City Responsibilities:

Furnish scope of work and provide general direction as needed for the assigned project All plan check coordination within the City
Advertise, award, and administer of construction contract Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) Electronic files for title sheets and sheet borders
Facilitate meeting space and coordination and City facilities Fee Proposal:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 47 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 48 5/2/2023

EXHIBIT B

COMPENSATION
Fee Proposal
City Council 19 – 49 5/2/2023
Parks & Facility On-Call
Engineering Services
MARCH 14, 2023
PREPARED BY ALTA PL ANNING + DESIGN, INC.

IN ASSOCIATION WITH
GHD, INC. HELIX ENVIRONMENTAL PLANNING, INC.

GMU, INC. CALVADA SURVEYING, INC.

MONUMENT, INC. CRAFTWATER, INC.

City Council 19 – 50 5/2/2023
Fee Proposal

3. City Council 19 – 51 5/2/2023
Fee Proposal
City Council 19 – 52 5/2/2023
City Council 19 – 53 5/2/2023
City Council 19 – 54 5/2/2023
City Council 19 – 55 5/2/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

CWE FOR ON-CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between CWE (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

Page 2 of 10 ends

City Council 19 – 57 5/2/2023

Page 3 of 10 ends

Page 4 of 10 ends

Page 5 of 10 ends

City Council 19 – 60 5/2/2023

Page 6 of 10 ends

City Council 19 – 61 5/2/2023

Page 7 of 10 ends

City Council 19 – 62 5/2/2023

Page 8 of 10 ends

To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Council 19 – 63 5/2/2023

Page 9 of 10 ends

To Consultant:

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Vik Bapna
Principal
CWE
1561 E. Orangethorpe Ave., Suite 240
Fullerton, CA 92831
Fax: 714-526-7004
City Council 19 – 64 5/2/2023

Page 10 of 10 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF SANTA ANA AND CWE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CWE:

City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director,
Public Works Agency
Vik Bapna
Principal
City Council 19 – 65 5/2/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 19 – 66 5/2/2023
City of Santa Ana RFP 23-025
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

PARKS & FACILITY ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

City Council 19 – 67 5/2/2023
City of Santa Ana RFP 23-025
Page A1-2
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

City Council 19 – 68 5/2/2023
City of Santa Ana RFP 23-025
Page A1-3
For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

City Council 19 – 69 5/2/2023
City of Santa Ana RFP 23-025
Page A1-4
The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

3. Provide all field survey and topographic work necessary to complete the design effort.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 70 5/2/2023
City of Santa Ana RFP 23-025
Page A1-5
construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

City Council 19 – 71 5/2/2023
City of Santa Ana RFP 23-025
Page A1-6
Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

Project Schedule and Progress:

City Responsibilities:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 72 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 73 5/2/2023

EXHIBIT B

COMPENSATION
Consultant’s Fee Proposal
City Council 19 – 74 5/2/2023
Rate Sheet
Engineer/Scientist Rate/Hour
Principal $309
Senior Project Manager $296
Project Manager $265
Technical Manager $239
Task Leader $215
Principal Engineer $201
Senior Engineer $184
Project Engineer $172
Staff Engineer $152
Assistant Engineer $115
Senior Environmental Scientist $183
Environmental Scientist $140
Environmental Analyst $103
Construction Services
Construction Manager $206
Senior Construction Inspector $152
Construction Inspector $143
Field Survey
Licensed Surveyor $197
3-Person Survey Crew $376
2-Person Survey Crew $307
Support Services
Landscape Architect $196
GIS Specialist $141
Senior Engineering Technician $113
Engineering Technician $99
CADD Designer $94
Project Coordinator $131
Graphic Designer $130
Administrative Assistant $124
General
Direct Expenses Cost + 10%
Subcontract Services Cost + 0%
Specialized Computer Applications (per hour) $15
Mileage Current IRS Rate
Field Vehicle – Hourly $12/hour
Field Vehicle – Daily $80/day
Field Vehicle – Monthly $1,500/month
B&W Photocopies (per page) $0.10
Color Photocopies (per page) $0.50
Rates will be adjusted annually based on the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, but in no event shall exceed 3% annually.

Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.

Based on CWE maintaining General Liability Insurance for bodily injury and property damage with an aggregate limit of $2,000,000 per occurrence. In the event the client desires additional coverage, CWE will, upon the client's written request, obtain additional insurance and adjust the above billing rates accordingly.

City Council 19 – 75 5/2/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
IDS GROUP, INC. FOR ON-CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between IDS Group, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

Page 2 of 10 ends

City Council 19 – 77 5/2/2023

Page 3 of 10 ends

Page 4 of 10 ends

Page 5 of 10 ends

City Council 19 – 80 5/2/2023

Page 6 of 10 ends

City Council 19 – 81 5/2/2023

Page 7 of 10 ends

City Council 19 – 82 5/2/2023

Page 8 of 10 ends

To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Council 19 – 83 5/2/2023

Page 9 of 10 ends

To Consultant:

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Adrian Anderson
Associate Principal
IDS Group, Inc.
11845 West Olympic Blvd., Suite 515
Los Angeles, CA 90064
City Council 19 – 84 5/2/2023

Page 10 of 10 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SANTA ANA AND IDS GROUP, INC.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO IDS GROUP, INC.:

City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director,
Public Works Agency
Adrian Anderson
Associate Principal
City Council 19 – 85 5/2/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 19 – 86 5/2/2023
City of Santa Ana RFP 23-025
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

PARKS & FACILITY ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

City Council 19 – 87 5/2/2023
City of Santa Ana RFP 23-025
Page A1-2
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

City Council 19 – 88 5/2/2023
City of Santa Ana RFP 23-025
Page A1-3
For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

City Council 19 – 89 5/2/2023
City of Santa Ana RFP 23-025
Page A1-4
The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

3. Provide all field survey and topographic work necessary to complete the design effort.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 90 5/2/2023
City of Santa Ana RFP 23-025
Page A1-5
construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

City Council 19 – 91 5/2/2023
City of Santa Ana RFP 23-025
Page A1-6
Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

Project Schedule and Progress:

City Responsibilities:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 92 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 93 5/2/2023

EXHIBIT B

COMPENSATION
Consultant’s Fee Proposal
City Council 19 – 94 5/2/2023
City of Santa Ana
Parks & Facility On-Call Engineering Services
RFP #23-025
Submitted by:
1 Peters Canyon Road, Suite 130, Irvine, CA 92606
T: 949.387.8500 F: 949.387.0800 www.idsgi.com
Fee Proposal
March 14, 2023
City Council 19 – 95 5/2/2023
IDS GROUP, INC.
2023 Rate Sheet
Title - AssociaƟ on Hourly Rate
Principal $222
Associate Principal $208
Senior Project Manager | Associate $197
Project Manager $183
Senior Architect | Engineer $171
Senior Cost Estimator $158
Project Architect | Engineer $158
Designer Architect | Engineer $143
Engineering Designer - BIM $126
Architectural Job Captain | Designer $119
CAD Drafting Engineer | Architect $107
Office Administration $66
Expenses such as, but not limited to plan check fees, permits inspections, testing services, title company fees, special delivery charges, plotting/presentation boards, maps, aerial photographs, and reprographics / illustrations that may be required for community or other stakeholder presentations, shall be billed to the owner at Consultant’s direct cost plus 5%.

City Council 19 – 96 5/2/2023
Submitted by:
1 Peters Canyon Road, Suite 130, Irvine, CA 92606
T: 949.387.8500 F: 949.387.0800 www.idsgi.com
February 10, 2023
1 Peters Canyon Road, Suite 130 | Irvine, California 92606 | T: (949) 387-8500 | www.idsgi.com City Council 19 – 97 5/2/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
J. SMITH & T. MULI, INC. FOR ON-CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between J.

Smith & T. Muli, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

EXHIBIT 5
City Council 19 – 98 5/2/2023

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City Council 19 – 99 5/2/2023

Page 3 of 10 ends

b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(iii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

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its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
• The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting City Council 19 – 101 5/2/2023

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coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
(x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City Council 19 – 102 5/2/2023

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City Council 19 – 104 5/2/2023

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To City:

Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Council 19 – 105 5/2/2023

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To Consultant:

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Tim Muli
Principal
J. Smith & T. Muli, Inc.
33161 Camino Capistrano, Suite D
San Juan Capistrano, CA 92675
City Council 19 – 106 5/2/2023

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SANTA ANA AND J. SMITH & T. MULI, INC.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO J. SMITH & T. MULI, INC.:

City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director,
Public Works Agency
Tim Muli
Principal
City Council 19 – 107 5/2/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 19 – 108 5/2/2023
City of Santa Ana RFP 23-025
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

PARKS & FACILITY ON-CALL ENGINEERING SERVICES
RFP NO. 23-025

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

City Council 19 – 109 5/2/2023
City of Santa Ana RFP 23-025
Page A1-2
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required.

City Council 19 – 110 5/2/2023
City of Santa Ana RFP 23-025
Page A1-3
For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

City Council 19 – 111 5/2/2023
City of Santa Ana RFP 23-025
Page A1-4
The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

3. Provide all field survey and topographic work necessary to complete the design effort.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the City Council 19 – 112 5/2/2023
City of Santa Ana RFP 23-025
Page A1-5
construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

12.If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

City Council 19 – 113 5/2/2023
City of Santa Ana RFP 23-025
Page A1-6
Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design· Attend project scope meeting with City Staff to review project details.

A (PS&E) package shall be submitted to review at 30% design for independent City review.

A (PS&E) package shall be submitted to review at 60% design for independent City review.

A (PS&E) package shall be submitted to review at for 100% FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

Project Schedule and Progress:

City Responsibilities:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

City Council 19 – 114 5/2/2023
City of Santa Ana RFP 23-025
Page A1-7
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califomia based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors “for each firm on their team.

City Council 19 – 115 5/2/2023

EXHIBIT B

COMPENSATION
Consultant’s Fee Proposal
City Council 19 – 116 5/2/2023
2025 STANDARD SCHEDULE OF CHARGES
J. SMITH & T. MULI, INC. Effective January 1, 2025

ENGINEERING SERVICES
Principal Engineer ............................................... $175.00/hr Engineering Technician……………………..……$175.00/hr
Data Analyst…………………………………………..$175.00/hr
Technical Editor…………………………………….$175.00/hr

PROJECT MANAGEMENT SERVICES
Senior Project Manager ..................................... $175.00/hr Lake Manager…..…………………………………….$175.00/hr
Project Assistant…………………………………….$175.00/hr

CONSTRUCTION MANAGEMENT SERVICES
Principal Construction Manager .................... $175.00/hr Resident Engineer…………………………………..$175.00/hr

TECHNICAL SUPPORT SERVICES
Drafting/CADD Services
Senior Designer..................................................... $175.00/hr CAD Technician………….…………………………...$175.00/hr
Forensic Engineering / Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 4 times normal rates.

Emergency and Holidays – Minimum charge of four (4) hours will be billed at 1.5 times the normal rate.

Material and Outside Services – Subcontractors, rental of special equipment, special reproductions, and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.

Travel Expenses – Mileage at current Caltrans mileage reimbursement rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full.

Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually. 2023
City Council 19 – 117 5/2/2023

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Santa Ana City CouncilMay 2, 2023

Santa Ana City Council
May 2, 2023