5 0
2 9
Since the adoption of the current rate plan, Water Resources has undertaken a number of major infrastructure projects recommended in its master plan documents, including the rehabilitation of several wells, replacement of water pipeline, the addition of a new well, and the implementation of a smart water meter program. However, additional capital improvements, including the emerging need of PFAS treatment facilities, as well as the increased costs of operations and maintenance, require a review of the current rate structure and enterprise finances to determine how to achieve these needs.
On January 30, 2025, the Public Works Agency released Request for Proposals (RFP) No. 25-013 (Exhibit 1) for qualified firms to provide long-term financial planning and water and sewer rate study services. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on February 27, 2025. A summary of system records of vendor participation and results is as follows:
1099 Vendors Notified
46 Santa Ana Vendors Notified
25 Vendors Downloaded the Bid Packet
4 Proposals Received
0 Proposals Received from Santa Ana Vendors
Staff recommends awarding an agreement (Exhibit 2) to Robert D. Niehaus, Inc. (RDN) to provide long-term financial planning and water and sewer rate study services. RDN’s proposal demonstrates the firm has the necessary technical expertise and capacity to complete the scope of work identified in the RFP. RDN has developed financial plans and rate studies for myriad utilities, both locally and nationally, and is familiar with City operations, having previously worked with the Water Resources Division to review its financial plans.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funding is available in the FY 24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.
Fiscal Year Accounting
Unit –
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
Contract (3-Year Term)
2024-25 06017645-
62300
Water Water
Admin/Engineering,
Contract Services –
Professional
$20,000
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Agreement for Water and Sewer Cost of Service Study
May 20, 2025
5 0
2 9
Fiscal Year Accounting
Unit –
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
2025-26 06017645-
62300
Water Water
Admin/Engineering,
Contract Services –
Professional
$109,350
2026-27 06017645-
62300
Water Water
Admin/Engineering,
Contract Services –
Professional
$500
Optional Two-Year Extension
2027-28 06017645-
62300
Water Water
Admin/Engineering,
Contract Services –
Professional
$500
2028-29 06017645-
62300
Water Water
Admin/Engineering,
Contract Services –
Professional
$500
Total $130,850
EXHIBIT(S)
1. RFP No. 25-013
2. Agreement with Robert D. Niehaus, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
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EXHIBIT 1
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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be recei ved from qualified consultant(s) for Long-Term Financial Planning and Water Rate Study Services.
Responses to this Request for Proposal (RFP) will b e accepted until Tuesday, February 25, 2025 at 2:00 p.m.
Proposals shall be submitted electronically through the PlanetBids system. No other form of submittal will be accepted. It is the responsibility of the proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. Refer to “Response to RFP” section for additional submittal instructions.
Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means.
All notifications, requests for information, updates and addenda will be posted on PlanetBids at page at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 . Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.
LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to be submit a Letter of Intent would not lead to the disqualification of the firm.
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TABLE OF CONTENTS
I. BACKGROUND ........................................................................................... ................................ 4 II. OVERVIEW OF PROJECT .................................................................................. ........................ 4 III. TERM OF AGREEMENT ................................................................................... ......................... 4 IV. MINIMUM QUALIFICATIONS ............................................................................... ....................... 4 V. RESPONSE TO RFP ................................... ................................................... ............................ 5 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................... ................ 9 VII. REFERENCES ........................................................................................... ................................. 9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ................................................................. ...... 10 IX. SELECTION PROCEDURES & CRITERIA ...................................................................... ......... 10 X. WITHDRAWALS........................................ ................................................... ............................. 11 XI. GENERAL TERMS AND CONDITIONS ......................................................................... ........... 11 XII. AWARD OF AGREEMENT ................................................................................... ..................... 16 XIII. IMPLEMENTATION ....................................................................................... ............................ 16
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G SUBCONTRACTOR DESIGNATION FORM
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I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals f rom qualified firms and organizations (Proposers) to provide Long-Term Financial Planning and Water Rate Study Services. See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants ”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutua l agreement contingent upon City Council approval, or City Manager or City Attorney authoriz ation, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throug hout the duration of the contract period.
Numerous factors will be evaluated by the City in i ts delivery of project and assignments, including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuous ly for the most recent five (5) years prior to the date of this RFP.
2) Minimum five (5) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
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V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the City Yard Admin Building in the first floor lob by in an enclosed sealed envelope and marked clearly with the following:
Gentle note: staff will not timestamp or sign any h ard copy deliveries as the electronic submittal by the deadline will suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.
PlanetBids will not accept late proposals and no ex ceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission proc ess may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be dir ected to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarant ee as to the timely availability of assistance, or assurance that any given problem wil l be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be post ed online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 . Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. “SEALED PROPOSAL FOR
LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Armando Fernandez, P.E.
Public Works Agency
220 S. Daisy Ave.; M-85
Santa Ana, CA 92703
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B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in r esponse to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract i s awarded. The City will provide all official communication concerning this RFP in writing via th e City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by an y oral communication or any other information or contact that occurs outside the offi cial communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUEST IONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospe ctive Proposers are advised to visit PlanetBids on a regular basis as responses may be p osted earlier than the date above (if applicable). No verbal requests or responses will b e accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and r esponses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
D. EXCEPTIONS
Requests submitted for City’s consideration of prop osed terms and conditions, including modifications to the City’s RFP and/or Contract ter ms and conditions must be submitted by the deadline for questions. Such requests should in clude an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or ame ndment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposers shall be responsible for monitoring the s ite to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does no t understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Propos ers. The City will not be bound by any oral responses to inquiries. By submitting proposa ls, Proposers assert that they have fully read the RFP and any addenda issued by the City, th e proposed Contract and any other Contract Documents, and affirm that the terms and c onditions stated therein are fully understood and are acceptable to the Proposer. Eac h Proposer accepts the terms and
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conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditi ons. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to pr ovide a straightforward, concise delineation of capabilities to satisfy the requirem ents of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/ back cover pages). The page limitation includes all appendices, attachments, and supplemen tal information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity . Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following Ci ty Project Manager:
Armando Fernandez, P.E.
City of Santa Ana – Public Works Agency
220 S. Daisy Ave., M-85
Santa Ana, CA 92703
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s exp erience including the following:
i. A general description of the firm, including siz e and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Sant a Ana and headquarters address.
iii. Name and contact information of the supervisin g Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal
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Agent shall be the primary contact person to repres ent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing r elevant experience.
e. Proposed Work Plan
Proposal shall include a statement demonstrating th e firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Pro posers’:
i. Anticipated approach to performing services as s pecified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be s ubmitted for similar projects performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate f ee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fe es proposed can be compared and evaluated. Cost Proposal must include a payment sc hedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials rel ated to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Pro poser’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundr ed eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Ag reement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods sh all be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer P rice Index (CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found o n the U.S. Department of Labor’s website at www.bls.gov.)
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H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or ac cusation;
3. Clearly identify the specific City staff determi nation or recommendation being protested;
4. Specify, in detail, the grounds of the protest a nd the facts supporting the protest; and
5. Include all relevant, supporting documentation w ith the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager , or other designated City staff member, shall review the basis of the protest and all relev ant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposa l, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Propos al Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Subcontractor Designation Form
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City will not waive notarization requirement when a pplicable on any of the required attachments.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been pe rformed, including contact names and
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telephone numbers. Use ATTACHMENT B – References . The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s descrip tion of services and deliverables provided; or
• References fail to support that Proposer has a con tinuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
IX.
SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal r eview committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by th e review committee based on the following criteria:
CATEGORY POINTS
Responsiveness to RFP
• Proposal’s compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
30 Understanding of Need
Include milestones of completion of key tasks, to be completed by specific team members.
25 Relevant Project Experience/Schedule of Delivery
• Relevant project experience within the last 5 years, including experience with public agencies.
The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 35 References
• References that are similar in size and project scope to the City.
10 TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
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C. Rankings: A final score will be calculated for e ach submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all p roposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their re sponse to the RFP and the City evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.
E. Selection: The City is under no obligation to ac cept any proposal and reserves the right to negotiate with respondents as to fees and terms. Th e City may reject proposals at its sole discretion. If proposal fails to satisfy any requir ements outlined in this RFP, it may be considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowes t priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Pro poser’s representative may withdraw the proposal by providing written notice of the proposa l withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12 101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa A na Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City Council
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awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax O ffice at (714) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all pr oposals submitted and no representation is made hereby that any agreement will be awarded purs uant to this RFP or otherwise. The City reserves the right to accept or reject the com bined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Con tractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potenti al conflict of interest relative to the performance of the contractual services resulting f rom this RFP. Any such relationship that might be perceived or represented as a conflict sho uld be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or oth erwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be re imbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses in curred by the Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and p arking while on City sites during the performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The C ity shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the
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awarded contract. The City shall notify the Contrac tor in writing of such action. The City is not required to provide any reason, rationale, or a dditional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the app ointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purcha sed services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtai ned from the City Data files or any City medium furnished to Contractor in the performance o f an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or t ermination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, develo ped, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failur e to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendment s subsequently posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP sh ould be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to compreh end the complexity and risk of this contract, may be rejected.
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K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the sele cted Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agree ment within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occ urrence in writing at least thirty (30) days before the end of the current fiscal period and ter minate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be conside red an agent or an employee of City.
Neither Contractor, its employees, nor anyone worki ng under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a sing le proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the P roposer shall provide the same assurances of competence for the sub-consultant plu s the demonstrated ability to manage and supervise the subcontracted work. Sub-consultan ts shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontra ctors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a comple te disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqua lify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, u nsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together wit h any modifications and clarifications thereto that are submitted at the request of the Ci ty during the evaluation and negotiation process. In the event of any conflict or contradict ion between or among these documents, the documents shall control in the following order of precedence: the final executed contract,
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the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contra ct negotiations cannot be concluded successfully, the City reserves the right to negoti ate a contract with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contr actor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimb ursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public a nd City staff utilizing facilities where Contractor is performing work, but shall be respons ive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and a gents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operati ons and contractual matters, including payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subseq uent contract between Contractor and another public agency.
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X. PUBLIC RECORDS
Proposals will become public record after the awar d of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the informatio n. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcon tractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment inf ormation packet have been received and approved.
XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet wi th City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and a written NTP will be issued accordingly per task order.
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LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013
Introduction/Background
The City of Santa An is located in the heart of Ora nge County, California with a population of approximately 311,000 people.
The City own maintain and operate the water, sewer and recycled water utility systems.
The water utility system is comprised of over 480 miles of water distribution and transmission mains, 20 active water wells, 7 imported connections with Metropolitan Water District (MWD), 7 booster pump stations, 16 emergency connections and approximately 46,000 water meter connections.
The sewer sanitary system is comprised of 390 miles of sewer mains, 9,000 sewer manholes, 48500 sewer lateral connections and two sewer lift statio ns. All the sewage is conveyed to the Orange County Sanitation District (OCSD).
The recycled water system serves 25 customers. This recycled water is provided by the Orange County Water District. The transmission and distribution infrastructure currently in place is owned and operated by OCWD. Although, any system expansio n to this system network will need to be funded and operated by the City.
The City oversees and manages the fats, oils, and grease (FOG) program. This program involves inspections, best management practices trainings, and regulatory compliance with state and local mandates. Currently, there are over 1,300 food service establishments under this program.
Scope of Services
The City of Santa Ana intends to retain qualified professional firm/consultant to develop a long term financial plan for the water, sanitary sewer, recyc led water, and the fats, oils, and grease (FOG) programs.
In addition, the consultant on as needed basis shall provide financial review, economic cost analysis and rate structure performance evaluations to meet the City financial goals and objectives during the term of this contract agreement.
The last adopted five year rate study for these ser vices was completed in and adopted in 2029.
https://www.santa-ana.org/water-rate-study
Project Goals:
• Develop a comprehensive financial plan for water, sewer, recycled water, and FOG programs.
EXHIBIT I
SCOPE OF SERVICES
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• Design a cost of service rate structure in line with the American Water Works Association (AWWA) Principles of Water Rates, Fees, and Charges: Manual of Water Supply Practices AWWA M1 guidelines and Proposition 218.
• Ensure rates are:
o Stable, sufficient, fair, equitable, and aligned with the utility goals and objectives o Understandable to customers and easy for the City to administer Tasks Expected from Consultant:
1. Analyze Existing Rate Structures :
o Current rates
o Operations revenue/expenses
o Capital improvement programs, debt obligations, and reserve policies
2. Develop a Complete Financial Plan :
o Meet utility goals and strategic objectives
o Conduct a cost of service analysis
o Develop new rate structures
o Develop Rate Design Model
o Develop capital and operations reserves strategies
3. Provide Interactive Tools :
o Create a (10) year rate modeling program with an interactive dashboard for City staff's use including trainings
4. Final Report and Adoption Assistance :
o Deliver a report with outcomes and recommendations
o Guide the City through the adoption and implementation of new rates
5. Engagement and Public Outreach :
o Participate in 10 public meetings (with City staff, the Mayor, City Council, and the public)
o Work with the City’s outreach consultant to prepare and present materials Quality and Compliance:
Consultant is responsible for the accuracy of their work and ensuring compliance with all statutory regulations, including Proposition 218.
Value-Added Services:
Propose additional related services that could help achieve the City’s goals, if applicable.
Deliverables:
Financial plans, rate modeling program, final reports, public presentations, and compliance documentation.
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CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________ ________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organ ized and existing under the Constitution and laws o f the State of California (“City”).
RECITALS
A. The City desires to retain a Consultant having s pecial skill and knowledge in the field of:
B. Consultant represents that Consultant is able an d willing to provide such services to the City.
C. In undertaking the performance of this Agreement , Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE , in consideration of the mutual and respective pro mises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Ag reement, the tasks and obligations including all la bor, materials, tools, equipment, and incidental customa ry work required to fully and adequately complete t he services described and set forth in Scope of Services - Exhibit A , attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to acc ept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B . The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedur es. 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 [enter a Start Dat e or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, 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 Ag reement, be construed to be an independent Consulta nt and not an employee of the City. This Agreement is not intended nor shall it be construed to create a n employer- employee relationship, a joint venture relationship , or to allow the City to exercise discretion or co ntrol over the professional manner in which Consultant performs th e services which are the subject matter of this Agr eement; however, the services to be provided by Consultant shall be provided in a manner consistent with all a pplicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employ er's social
EXHIBIT II
SAMPLE AGREEMENT
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security taxes, unemployment insurance and similar taxes relating to employees and shall be responsibl e for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetua l 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 o f authorship fixed in any tangible medium of expres sion, 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 Cons ultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agre e in writing that City is granted a non-exclusive a nd perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represen ts and warrants that Consultant has the legal right to lic ense any and all Documents & Data. Consultant make s no such representation and warranty in regard to Documents & Data which were provided to Consultant by the Cit y. City shall not be limited in any way in its use of the D ocuments and Data at any time, provided that any su ch use not within the purposes intended by this Agreement shal l be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agr eement against claims for injuries to persons or damage to property which may arise from or in connection wit h services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01cover ing CGL on an “occurrence” basis, including products and complete d operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant do es not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statut ory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s professio n, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits o f insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provision s:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covere d as additional insureds, under Consultant’s CGL, Profes sional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
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2. Consultant’s Insurance company(ies) agrees to wa ive all rights of subrogation against City, its Cit y Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consult ant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, exce pt with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, vo ided, reduced in coverage or in limits, non-renewed by th e carrier, or materially changed except after thirt y (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement ), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consult ant 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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendator y endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consulta nt’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at a ny time.
Special Risks or Circumstances
City reserves the right to modify these requirement s, 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 an d hold harmless the City, its officers, agents, employees, contractors, special counsel, and repres entatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable re lief arising out of claims for personal injury, inc luding death, and claims for property damage, which may arise from th e negligent operations of the Contractor, its subco ntractors, 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 hol d harmless agreement applies to all claims for damages, just c ompensation, restitution, judicial or equitable rel ief suffered, or alleged to have been suffered, by reason of the eve nts referred to in this Section or by reason of the terms of, or
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effects, arising from this Agreement. The Consulta nt further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and cos ts 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 Contractor’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 Contractor.
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 infring ement of any United States’ letters patent, tradema rk, or copyright infringement, including costs, contained in the wor k product or documents provided by Consultant to th e City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in conne ction 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 disbu rsements charged to the City for a minimum period o f three (3) years, or for any longer period required by law , from the date of final payment to Consultant unde r this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a rep resentative of the City to examine, audit, and make transcripts or copies of such records and any other documents cre ated pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all wo rk, data, documents, proceedings, and activities related to t his 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 wh ich due to the nature of such information is reason ably 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 fu rther 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. Confidenti al information includes not only written informatio n, 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 p arty is covered by this Agreement. The foregoing o bligations of non-use and nondisclosure shall not apply to any in formation that (a) has been disclosed in publicly a vailable 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 se rvices specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexua l orientation, gender identity, gender expression, ge nder, medical conditions, genetic information, or m ilitary and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utiliza tion, promotion, termination or other employment re lated 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.
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13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusiv e statement between the City and Contractor, and supersedes any and all other agreements, oral or wr itten, between the parties. In the event of a conf lict 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 si gned by the City and by an authorized representativ e of Contractor. The parties agree that any terms or co nditions 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 th e specialized services of Contractor, Consultant ma y not assign, transfer, delegate, or subcontract any interest herein without the prior written consent o f 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 o f the services which are the subject to this Agreement performed b y City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon t hirty (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 Di rector 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 i n writing and signed by the party waiving the breac h, failure, right or remedy. No waiver of any breach, failure or righ t, 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.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpret ation, 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 Agree ment, 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 gov ernmental 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
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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 deliver ed in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic commun ication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
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 register ed 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 b y the transmitting facsimile machine, addressed as set fo rth 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 it s 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. The Agreement is the final and complete agreement a nd any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged a nd Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached here to shall be incorporated as if fully set forth in t he body of this Agreement.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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IN WITNESS WHEREOF, the parties hereto have execute d this Agreement the date and year first above writ ten.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM :
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
SAMPLE ONLY
(name)
(title)
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Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Servic es (Exhibit I) and am qualified to provide services being requested as specified herein. I understand a nd agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to th e City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICEN SE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City Council
19 –
29 5/20/2025
CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the sco pe of the proposal specifications. Attach addition al pages if required. The City reserves the right to contact each of the references listed for additiona l information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
City Council
19 –
30 5/20/2025
CITY OF SANTA ANA
Proposer understands and agrees that this written R FP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the cert ification of nondiscrimination by contractors, and the required insurance certificates are to be incorpora ted by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
City Council
19 –
31 5/20/2025
CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the inter est of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not dir ectly or indirectly colluded, conspired, connived o r agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, d irectly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awardi ng the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or h er proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signat ure portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
City Council
19 –
32 5/20/2025
CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to infl uence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated fu nds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Discl osure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certi fication is a prerequisite for making or entering i nto this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty o f not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitti ng his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exce ed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
City Council
19 –
33 5/20/2025
CITY OF SANTA ANA
The undersigned consultant or corporate officer, du ring the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against an y employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Su ch action shall include, but not be limited to, the following: employment, upgrading, demotion, or tra nsfer; 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 c onspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or ad vertisements for employees placed by or on behalf o f the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investig ation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contra cts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and su ch other sanctions may be imposed and remedies invoked as provided in Executive Order 112 46 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
City Council
19 –
34 5/20/2025
CITY OF SANTA ANA
or purchase order as the administering agency may d irect as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may req uest that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council
19 –
35 5/20/2025
CITY OF SANTA ANA
Bidder acknowledges and agrees that under Public Co ntract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor w ho will perform work or labor or render service to the bidder in or about the work in an amount in excess of one- half of one percent (0.5%) of bidder’s total bid an d the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for th e same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be li sted. If further space is required for the list of proposed subcontr actors, additional sheets showing the required info rmation, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade:
Bid Amount
Contractor’s License Number
DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM
City Council
19 –
36 5/20/2025
AGREEMENT WITH ROBERT D. NIEHAUS, INC. TO PROVIDE LONG-TERM
FINANCIAL PLANNING AND WATER RATE STUDY FOR THE WATER AND
SEWER ENTERPRISES
THI
S AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Robert D. Niehaus, 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”).
RECIT
ALS
A. On Janu
ary 30, 2025, the City issued Request for Proposals No. 25-013, by which it sought a Consultant to perform long-term financial planning and water rate study services for the City’s water and sewer enterprises.
B. Consul
tant submitted a responsive proposal that was selected by the City. Consultant presents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-013.
C. In unde
rtaking the performance of this Agreement, Co nsultant 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 T
HEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOP
E OF SERVICES
Consul
tant shall perform the services described in the scope of work that was included in RFP No. 25-013, which is attached as Exhibit A and incorporated in full.
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 Exhibit B. The total amount to
be expended during the term of this Agreement under RFP 25-013 shall not exceed One Hundred and Thirty Thousand, Eight Hundred and Fifty Dollars ($130,850), including any extension periods.
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.
EXHIBIT 2
City Council
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37 5/20/2025
3. TERM
This Agreement shall commence on 20th day of May, 2025 for one three-year term, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2), one -year periods upon a writing executed by the City Manager and City Attorney.
4. I NDE
PENDENT CONSULTANT
C
onsultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 whi ch 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. O
WNERSHIP OF MATERIALS
T
his 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 sub consultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub consultant prepares under this Agreement.
Consultant represents an d 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. I
NSURANCE
P
rior to undertaking performance of work under this Agreement, C onsultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
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MINIMUM SCOPE AND LIMIT OF INSURANCE
1. 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
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5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Leif Lovegren, 215 S. Center Street, Santa Ana, CA 92703. The name and location of project must be included in the Description of Operations section of each certificate.
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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish 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 Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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, consultants, 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 subconsultant s, 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
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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 rig hts 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.
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 re cords 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.
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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.
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
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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.
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:
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
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With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax:
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 deeme d 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. The Agreement is the final and complete agreement an d any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
Robert D. Niehaus, Inc.
Attn: Jack Lyon, Director of Business Development
140 East Carrillo Street
Santa Barbara, CA 93101
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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 Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO Robert D. Niehaus, Inc.
City Attorney
By:
Kyle Nellesen
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, PE
Executive Director
Public Works Agency
Jack Lyon
Director of Business Development
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.05.08
07:59:35 -07'00'
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EXHIBIT A
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CITY OF SANTA ANA
LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013
Introduction/Background
The City of Santa An is located in the heart of Ora nge County, California with a population of approximately 311,000 people.
The City own maintain and operate the water, sewer and recycled water utility systems.
The water utility system is comprised of over 480 miles of water distribution and transmission mains, 20 active water wells, 7 imported connections with Metropolitan Water District (MWD), 7 booster pump stations, 16 emergency connections and approximately 46,000 water meter connections.
The sewer sanitary system is comprised of 390 miles of sewer mains, 9,000 sewer manholes, 48500 sewer lateral connections and two sewer lift statio ns. All the sewage is conveyed to the Orange County Sanitation District (OCSD).
The recycled water system serves 25 customers. This recycled water is provided by the Orange County Water District. The transmission and distribution infrastructure currently in place is owned and operated by OCWD. Although, any system expansio n to this system network will need to be funded and operated by the City.
The City oversees and manages the fats, oils, and grease (FOG) program. This program involves inspections, best management practices trainings, and regulatory compliance with state and local mandates. Currently, there are over 1,300 food service establishments under this program.
Scope of Services
The City of Santa Ana intends to retain qualified professional firm/consultant to develop a long term financial plan for the water, sanitary sewer, recyc led water, and the fats, oils, and grease (FOG) programs.
In addition, the consultant on as needed basis shall provide financial review, economic cost analysis and rate structure performance evaluations to meet the City financial goals and objectives during the term of this contract agreement.
The last adopted five year rate study for these ser vices was completed in and adopted in 2029.
https://www.santa-ana.org/water-rate-study
Project Goals:
• Develop a comprehensive financial plan for water, sewer, recycled water, and FOG programs.
EXHIBIT I
SCOPE OF SERVICES
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CITY OF SANTA ANA
• Design a cost of service rate structure in line with the American Water Works Association (AWWA) Principles of Water Rates, Fees, and Charges: Manual of Water Supply Practices AWWA M1 guidelines and Proposition 218.
• Ensure rates are:
o Stable, sufficient, fair, equitable, and aligned with the utility goals and objectives o Understandable to customers and easy for the City to administer Tasks Expected from Consultant:
1. Analyze Existing Rate Structures :
o Current rates
o Operations revenue/expenses
o Capital improvement programs, debt obligations, and reserve policies
2. Develop a Complete Financial Plan :
o Meet utility goals and strategic objectives
o Conduct a cost of service analysis
o Develop new rate structures
o Develop Rate Design Model
o Develop capital and operations reserves strategies
3. Provide Interactive Tools :
o Create a (10) year rate modeling program with an interactive dashboard for City staff's use including trainings
4. Final Report and Adoption Assistance :
o Deliver a report with outcomes and recommendations
o Guide the City through the adoption and implementation of new rates
5. Engagement and Public Outreach :
o Participate in 10 public meetings (with City staff, the Mayor, City Council, and the public)
o Work with the City’s outreach consultant to prepare and present materials Quality and Compliance:
Consultant is responsible for the accuracy of their work and ensuring compliance with all statutory regulations, including Proposition 218.
Value-Added Services:
Propose additional related services that could help achieve the City’s goals, if applicable.
Deliverables:
Financial plans, rate modeling program, final reports, public presentations, and compliance documentation.
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EXHIBIT B
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i
Robert D. Niehaus, Inc.
City of Santa Ana
Cost Proposal for
Long-Term Financial Planning and Water Rate Study Services RFP NO: 25-013
February 25, 2025
Submitted By:
Robert D. Niehaus, Inc.
140 East Carrillo Street
Santa Barbara, CA 93101
Authorized Representative: Jack Lyon
Title: Director of Business Development
Email: [email protected]
Phone: 805.618.1356
Submitted To:
ATTN: Public Works Agency
220 S. Daisy Avenue, Building A
Santa Ana, CA 92703
Attn: Armando Fernandez, P.E.
Title: Project Manager
Email: [email protected]
Phone: 714.647.3316
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iii
February 25,2025
Armando Fernandez P.E. Jack Lyon, Director of Business Development Project Manager (805) 618-1356 | [email protected] City of Santa Ana Robert D. Niehaus, Inc.
220 S. Daisy Avenue, M-85 140 E Carrillo Street
Santa Ana, CA 92703 Santa Barbara, CA 93101
Subject: Cost Proposal for Long-Term Financial Planning and Water Rate Study Services Dear Mr. Fernandez and City of Santa Ana,
Robert D. Niehaus, Inc. (RDN) is pleased to submit our Cost Proposal for the City of Santa Ana’s (City) Long- Term Financial Planning and Water Rate Study Services (Study). Enclosed is our fixed-price fee proposal and our hourly rate compensation schedule.
We are excited for the opportunity to work with the City on this important project. To discuss our technical or cost proposal, which is valid for a 180-day period, please coordinate with Jack Lyon, Director of Business Development, at 805.618.1356 or [email protected].
Respectfully submitted,
Robert D. Niehaus, Ph.D. Jack Lyon
Managing Director, Principal Economist Director of Business Development
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5 COST PROPOSAL
Table 1 presents our fixed-price cost proposal. This proposal is valid for 180 days from February 25, 2025 until August 24, 2025. Hourly rates include all travel -related expenses and other direct costs – no additional costs will be requested by RDN or reimbursed by the City. Hourly rates will remain firm for the duration of the Agreement. RDN’s fixed-price cost proposal for Long-Term Financial Planning and Water Rate Study Services is $130,850.
Table 1. Cost Proposal
Project Director Project Manager Communicatons
Manager
QA/QC
Consultant Consultant
Niehaus Elowsky Gaur Kido Kallerud and
Van Dinther
Task 1 - Analyze Existing Rate Structures 3 30 2 10 28 73 $18,120
1.1 Evaluate the Current Rate Structure 0 4 1 2 8
1.2 Review Customer Classes 1 8 1 2 8
1.3 Operation and Maintenance Expense 1 6 0 2 4
1.4 Capital Improvement Funding 0 8 0 2 4
1.5 Reserve Funding 1 4 0 2 4
Task 2 - Develop a Complete Financial Plan 6 48 2 15 46 117 $28,980
2.1 Revenue Requirements 0 8 0 2 8
2.2 Demand Projections/Revenue Analysis 0 2 0 2 16
2.3 Cost Functionalization 0 6 0 2 8
2.4 Cost Allocation to Cost Causative Components 0 6 0 2 2
2.5 Cost Allocation to Customer Classes 2 6 0 2 4
2.6 Develop Recommended Rates 2 16 1 4 8
2.7 FOG Charge 2 4 1 1 4
Task 3 - Provide Interactive Tools 0 58 0 10 28 96 $24,240
3.1 Rate Models 0 16 0 8 24
3.2 Financial Reviews and Continued Assistance 0 42 0 2 4 Task 4 - Final Report and Adoption Assistance 2 17 14 9 34 76 $19,300
4.1 Rate Study Report 2 12 4 8 24
4.2 Rate Comparison Survey 0 1 6 1 4
4.3 Adoption Assistance 0 4 4 0 6
Task 5 - Engagement and Public Outreach 0 20 100 0 10 130 $42,600
5.1 Proposed Meetings 0 20 100 0 10
Total Hours 11 173 118 44 146 492
Labor Rate $340 $280 $350 $240 $200
Total Cost Proposal $3,060 $47,320 $40,950 $10,320 $29,200 $130,850 Task Total
Hours Total Cost
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Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 20, 2025
TOPIC: Agreements for On-Call Construction Management and Inspection Services
AGENDA TITLE
Agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for On-Call Construction Management and Inspection Services (No. 25-011) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Butier Engineering, Inc., Z&K Consultants, Inc., Berg & Associates, Inc., Psomas, Willdan Engineering, and EEC Environmental for on-call construction management services and inspection services, for a shared aggregate amount not to exceed $1,500,000, for a term beginning May 21, 2025 and expiring May 20, 2028, with provisions for two one-year extensions (Core Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency’s (PWA) Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District.
Several projects overseen by the Water Resource Divsion require on-call construction management services. These projects include the SA7 MET connection, Well-29 rehabilitation, Well-32 relocation, and drilling of the new Washington Well.
On January 14, 2025, the Water Division released a Request for Proposals (RFP) by which it sought the services of qualified consulting firms to provide on-call construction management and inspection services. The chosen consultants will supplement City staff by providing professional construction management and inspection services for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects related to water, sewer, and recycled water systems, and other projects related to the Water Resources’ project schedule and operations. The RFP was advertised on the City’s online bid management and publication system (PlanetBids), and proposals were received electronically via PlanetBids on February 3, 2025.
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On-Call Construction Management and Inspection Services May 20, 2025
5 0
3 1
The following table summarizes the participation of firms for RFP 25-011:
1480 Vendors notified
6 Santa Ana vendors notified
74 Vendors downloaded the RFP Packet
14 Proposals received
1 Proposal received from Santa Ana Vendor
Proposals were solicited, opened on March 7, 2025, and evaluated. Fourteen proposals were submitted by the RFP deadline and all were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the top six responding firms and their rankings:
Firm City Rank
Butier Engineering, Inc. Tustin, CA 1
Z&K Consultants, Inc. Riverside, CA 2
Berg & Associates, Inc. San Pedro, CA 3
Psomas Santa Ana, CA 4
Willdan Engineering Anaheim, CA 5
EEC Environmental Orange, CA 6
Each of the proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. Therefore, staff recommends awarding agreements to Butier Engineering Inc., Z&K Consultants, Berg & Associates Inc., Psomas, Willdan Engineering, and EEC Environmental (Exhibits 1-6), to ensure sufficient resources are available to meet the needs of the Water Division.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
City staff will schedule the requested services upon issuance of a Notice to Proceed.
However, the consultants will not be assigned tasks until July 1, 2025. As a result, no expenses will be incurred during FY 2024-25. Funds in the annual amount of $300,000 will be included in proposed budgets for future years as follows:
Fiscal
Year
Accounting
Unit - Account
#
Fund
Description Accounting Unit,
Account Description
Budget
Available /
Projected
2025-26 06017645-
62300 Water
Water Admin &
Engineering, Contract
Services-Professional
$300,000
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On-Call Construction Management and Inspection Services May 20, 2025
5 0
3 1
Fiscal
Year
Accounting
Unit - Account
#
Fund
Description Accounting Unit,
Account Description
Budget
Available /
Projected
2026-27 06017645-
62300 Water
Water Admin &
Engineering, Contract
Services-Professional
$300,000
2027-28 06017645-
62300 Water
Water Admin &
Engineering, Contract
Services-Professional
$300,000
2028-29 06017645-
62300 Water
Water Admin &
Engineering, Contract
Services-Professional
$300,000
2029-30 06017645-
62300 Water
Water Admin &
Engineering, Contract
Services-Professional
$300,000
Total: $1,500,000
EXHIBIT(S)
1. Agreement with Butier Engineering Inc
2. Agreement with Z&K Consultants
3. Agreement with Berg & Associates Inc
4. Agreement with Psomas
5. Agreement with Willdan Engineering
6. Agreement with EEC Environmental
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
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Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.05.05
16:46:32 -07'00'
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AGREEMENT WITH Z&K CONSULTANTS, INC. TO PROVIDE ON-CALL WATER
RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Z&K Consultants, Inc., a California corporation (“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 January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’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 the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25 -011 shall be incorporated herein by reference as though fully attached to this Agreement.
C. Consultant was selected as one of six (6) vendors which qualified for this engagement.
Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges ident ified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 2 5- 011. The total compensation for these services provided by all such consultants selected under RFP 25-011 shall not exceed the share d aggregate amount of One Million Five
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Hundred Thousand Dollars ($ 1,500,000.00) during the term of the Agreement, including any extension periods.
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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Ven dor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
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 the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er 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 relationsh ip, 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 sub contractor 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
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the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
Minimum Scope and Limit of insurance.
• Commercial General Liability (CGL) : Insur ance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggrega te. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
• Workers’ Compensation: 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
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• A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M -21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
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.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage . Consultant shall furnish Ci ty 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 Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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, whic h 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
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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 cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s 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, v isually, 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)
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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 i nterests, 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.
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
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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.
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:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, California 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
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 ha ve 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 re asonable 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 full y set forth in the body of this Agreement.
[signatures appear on following page]
Z&K Consultants, Inc.
Attn: Crystal Fraire, President
17130 Van Buren Blvd., Suite 122
Riverside, California 92504
Email: [email protected]
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SIGNATURE PAGE TO AGREEMENT WITH Z&K CONSULTANTS, INC. TO
PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
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 Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director
Public Works Agency
By:
Title:
Crystal Fraire
President
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.05.05
16:47:29 -07'00'
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
C
ONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
RFP NO. 25-011
Introduction/Background
The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City.
These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below.
The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services.
All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal.
Scope of Services
T
he selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to:
• Project coordination, management, inspection and oversight • Project constructability review and assistance during design phase • Value Engineering
• Consideration of life cycle costs
• Bidding process review assistance and oversight
• Public engagement and community meetings as necessary • Coordination with local agencies, utility companies and members of the public • Project budgeting, scheduling, cost accounting and reporting (with input from others as required)
• Prepare monthly reporting for project construction status • Propose, develop and implement project quality assurance and quality control programs (QA/QC)
• Prepare, review and process contractor’s requests, payment and invoicing • Review, evaluate and recommend budget cost analysis
• Review, and recommend shop drawings for approval
• Review approval of any specifications and permit requirements
EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
• Provide field conflict resolutions
• Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports
• Schedule, prepare agendas, conduct progress meetings, and minutes • Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation
• Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement
• Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving
• Construction Inspection Services management and oversight • Project commissioning and or owner training
• Any other items required for successful project execution
The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants.
The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.
Project Management, Equipment/Supplies:
The consultant(s) services shall be in accordance w ith the provisions, guidelines and specifications detailed here in and not limited to professional st andards established by the City, and or federal, st ate and local guidelines.
The consultant(s) 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 to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, er rors, or omissions, the consultant(s) shall submit the matter to the City for clarification.
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 Agencies
• Provide as-built records and project information
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CITY OF SANTA ANA
• Advertise, award, and administer of contract
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed
• Resolve all construction claims
Fee Proposal:
In addition to Section V.G.2 (Submittal Requirement s: Cost Proposal) fee schedule shall be structured as follows:
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 he rein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s).
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. (If applicable)
Consultants are advised to consider whether service s to be performed include classifications subject to state or federal prevailing wage require ments. Prevailing wages will apply if the services to be performed will involve land surveyin g (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundat ion investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations websi te at http://www.dir.ca.gov.dlsr/statistics_research.html.
Labor categories subject to prevailing wage require ments, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assum e any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law.
2. The City reserves the right to amend this Request f or Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exceptio n of the confidential Financial Capacity information and fee proposals.
4. 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.
5. The City has an affirmative action program. The pur pose of the affirmative action program is to encourage certified minority business enterprises a nd women business enterprises. All submitting firms must have established affirmative action programs approvable by the City.
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CITY OF SANTA ANA
During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team.
6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, di rect or indirect, financial or otherwise, which would conflict in any manner or degree with the per formance of the services hereunder.
Consultant further covenants that, in the performan ce of this contract, no sub-consultant or person having such an interest shall be employed. C onsultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consult ant that in the performance of the services required under this contract, Consultant, and any o f its sub-consultants or employees, shall at times be considered independent consultants and not agents of City.
Sub-consultants:
The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrat ive liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%.
• Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to su b-consultant’s portion of the work.
Consultant shall be as fully responsible to the Cit y for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City.
• The City reserves the right to approve all sub-cons ultants. The City’s Approval of any sub-consultant under this Agreement shall not in an y way relieve Consultant of its obligations in the Agreement Documents.
Manuals/Standards:
All construction work shall be performed and in acc ordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions an d any local, state and federal requirements, and any other agencies involved.
It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents.
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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COST PROPOSAL
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17130 Van Buren Blvd, Suite 122 | Riverside, CA 92504 | 951.310.7470 | www.zandkconsultants.com
STAFF REGULAR TIME RATE1
OVERTIME RATE
(MON-FRI)2
OVERTIME
RATE (SAT)1
OVERTIME RATE
(SUN/HOLIDAY)
Principal .................................................................................... $242.00 – – – Senior Construction Manager ...................................................... $240.00 – – – QA/QC Manager ......................................................................... $195.00 – – – Senior Program Manager ............................................................. $212.00 – – – Program Manager ....................................................................... $206.00 – – – Senior Project Manager ............................................................... $186.00 – – – Project Manager ......................................................................... $180.00 – – – Assistant Project Manager .......................................................... $142.00 – – – Resident Engineer ...................................................................... $220.00 – – – Assistant Resident Engineer ........................................................ $197.00 – – – Construction Manager ................................................................ $178.00 – – – Assistant Construction Manager ................................................. $159.00 – – – Labor Compliance ...................................................................... $146.00 – – – Project Manager/Office Engineer ................................................. $147.00 – – – SWPPP Practitioner .................................................................... $177.00 – – – Senior Landscape Architect ........................................................ $189.00 – – – PE Licensed Inspector (Prevailing and Non-Prevailing Wage)3, 5 ..... $202.00 ........... $282.00 ..... $282.00 ............ $376.00 PE Licensed Inspector (Special Shift)3, 4, 5 ..................................... $208.00 ............ $297.00 ..... $297.00 ............ $396.00 Senior Construction Inspector (Prevailing Wage) 3, 5 ..................... $198.00 ............ $243.00 ..... $243.00 ............ $324.00 Senior Construction Inspector (Special Shift) 3, 4, 5 ........................ $208.00 ............ $279.00 ..... $279.00 ............ $372.50 Accessibility Expert/CASp Inspector ............................................ $208.00 ............ $312.00 ..... $312.00 ............ $416.00 DSA/OSHPD Inspector of Record ................................................ $202.00 ............ $303.00 ..... $303.00 ............ $402.00 Deputy Inspection (Prevailing Wage) 3, 5 ........................................ $189.00 ............ $283.50 ..... $283.50 ............ $378.00 Public Works Inspector (Non-Prevailing Wage) 5 ........................... $172.00 ............ $258.00 ..... $258.00 ............ $344.00 Positions are subject to overtime rates billed at 1.5 times the regular rate for all time over eight (8) hours in a single day or work performed on Saturdays. Double time rates apply for work performed on Sundays and holidays. The hourly rates include wages, fringe benefits, and general and administrative overhead and fee, as well as typical supplies, tools, and equipment required to perform services. Construction management software is not included in the base rate.
1. The listed rate applies to the first four hours of overtime during the week and/or the first eight hours of overtime on Saturdays.
All overtime beyond four hours during the week or eight hours on Saturdays is billed at the Sunday/holiday rate.
2. Prevailing Wage Rates are subject to increases per the State of California’s Department of Industrial Relations Wage Rate Determinations. Z&K's billing rates will increase in line with the DIR increase, plus overhead and profit. The current rates are based on Determination SD-23-63-3-2023-2D, issued on 8/22/2023.
3. A Special Shift is defined as any shift starting after 5:00 PM and before 6:00 AM.
4. Minimum callout requirements for inspection staff are in line with Industrial Welfare Commission Order #16-2001:
o Cancellation of 8 hours scheduled inspection after inspector’s arrival on site: 4-hour minimum. o Cancellation of 4 hours scheduled inspection after inspector’s arrival on site: 2-hour minimum.
5. For contracts involving public works inspection services, Z&K requires the awarding publ ic agency to complete DIR form PWC-100 for Z&K as the prime contractor, specific to the awarded contract name and amount. A half -hour per week, per inspector, will be billed for labor compliance on all Prevailing Wage inspection assignments.
Overall Notes:
• Reimbursable Expenses (Other Direct Costs) : Ordinary identifiable non -salary costs directly attributable to the project (e.g., regular commuter travel costs, standard equipment, tools, and software) are included in the estimated fee.
Extraordinary expenses (such as oversized and/or color reproduction costs, vehicle identification decals, site facility hard phone lines or internet service, non -commuter project mileage, remote travel over 50 miles one -way, overnight postage/couriers, etc.) will be billed at actual cost plus 15% for overhead and administration. Travel costs to casting/fabrication yards or batch plants will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Mileage is billed at the curren t IRS rate ($0.655/mile). An allowance for extraordinary charges is included as Other Direct Costs (ODC) in the fee table. Extraordinary charges beyond the estimated ODC allowance will not be billed unless specifically included in the contract or pre-approved by the Client in writing. • Fees for Subconsultant Services: Billed at actual cost plus 15% to cover overhead and administration. • Web-Based Contract Administration: Selected/specified cloud-based service billed at cost plus 15%. • Escalation: Unless specified otherwise (such as for prevailing wage personnel), all billing rates are subject to annual review for Consumer Price Index escalation or 3%, whichever is greater.
Z&K CONSULTANTS, INC.
STANDARD BILLING RATE SCHEDULE (2025)
Rates Effective January 1, 2025, through December 31, 2025 (Future years subject to review for Consume Price Index escalation of 3%, whichever is greater)
PROJECT/CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
NOTES & ASSUMPTIONS
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AGREEMENT WITH BERG & ASSOCIATES, INC. TO PROVIDE
ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Berg & Associates, Inc., a California corporation (“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 January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’s Public Works Agency.
B. Consultant submitted a responsive proposal that was among those sele cted by the City.
Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25 -011 shall be incorporated herein by reference as though fully attached to this Agreement.
C. Consultant was selected as one of six (6) vendors which qualified for this engagement.
Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services.
D. 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 wi th such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required t o fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 2 5- 011. The total compensation for these services provided by all such consultants selected
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under RFP 25-011 shall not exceed the shared aggregate amount of One Million Five Hundred Thousand Dollars ($ 1,500,000.00) during the term of the Agreement, including any extension periods.
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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit paymen ts directly into Consultant’s account(s) with financial institutions.
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 comm ence on the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er 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 employe r-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 sub contractor 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 r egard to Documents & Data which were provided to Consultant by the City. City shall not be limited in
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any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
Minimum Scope and Limit of insurance.
• Commercial Gener al Liability (CGL) : Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurren ce and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined singl e limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
• Workers’ Compensation: 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
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• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been gi ven to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M -21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
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.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage . Consultant shall furnish 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 Endorsement Page of the CGL policy listing all pol icy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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, em ployees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
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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.
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
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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.
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 wit h, 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 par ty, 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 here in 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 abil ity to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
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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 ri ght 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.
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:
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To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
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 se nt 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, communica tion 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 appear on following page]
Berg & Associates, Inc.
Attn: Alicia Berg, VP
302 W. 5th St., Suite 210
San Pedro, California 90731
Fax: 310-548-9195
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SIGNATURE PAGE TO AGREEMENT WITH BERG & ASSOCIATES, INC. TO
PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
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 Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director
Public Works Agency
By:
Title:
Alicia M. Berg
Vice President
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.05.05
16:48:17 -07'00'
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#2010327v1
EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
C
ONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
RFP NO. 25-011
Introduction/Background
The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City.
These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below.
The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services.
All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal.
Scope of Services
T
he selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to:
• Project coordination, management, inspection and oversight • Project constructability review and assistance during design phase • Value Engineering
• Consideration of life cycle costs
• Bidding process review assistance and oversight
• Public engagement and community meetings as necessary • Coordination with local agencies, utility companies and members of the public • Project budgeting, scheduling, cost accounting and reporting (with input from others as required)
• Prepare monthly reporting for project construction status • Propose, develop and implement project quality assurance and quality control programs (QA/QC)
• Prepare, review and process contractor’s requests, payment and invoicing • Review, evaluate and recommend budget cost analysis
• Review, and recommend shop drawings for approval
• Review approval of any specifications and permit requirements
EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
• Provide field conflict resolutions
• Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports
• Schedule, prepare agendas, conduct progress meetings, and minutes • Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation
• Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement
• Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving
• Construction Inspection Services management and oversight • Project commissioning and or owner training
• Any other items required for successful project execution
The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants.
The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.
Project Management, Equipment/Supplies:
The consultant(s) services shall be in accordance w ith the provisions, guidelines and specifications detailed here in and not limited to professional st andards established by the City, and or federal, st ate and local guidelines.
The consultant(s) 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 to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, er rors, or omissions, the consultant(s) shall submit the matter to the City for clarification.
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 Agencies
• Provide as-built records and project information
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CITY OF SANTA ANA
• Advertise, award, and administer of contract
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed
• Resolve all construction claims
Fee Proposal:
In addition to Section V.G.2 (Submittal Requirement s: Cost Proposal) fee schedule shall be structured as follows:
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 he rein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s).
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. (If applicable)
Consultants are advised to consider whether service s to be performed include classifications subject to state or federal prevailing wage require ments. Prevailing wages will apply if the services to be performed will involve land surveyin g (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundat ion investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations websi te at http://www.dir.ca.gov.dlsr/statistics_research.html.
Labor categories subject to prevailing wage require ments, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assum e any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law.
2. The City reserves the right to amend this Request f or Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exceptio n of the confidential Financial Capacity information and fee proposals.
4. 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.
5. The City has an affirmative action program. The pur pose of the affirmative action program is to encourage certified minority business enterprises a nd women business enterprises. All submitting firms must have established affirmative action programs approvable by the City.
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CITY OF SANTA ANA
During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team.
6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, di rect or indirect, financial or otherwise, which would conflict in any manner or degree with the per formance of the services hereunder.
Consultant further covenants that, in the performan ce of this contract, no sub-consultant or person having such an interest shall be employed. C onsultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consult ant that in the performance of the services required under this contract, Consultant, and any o f its sub-consultants or employees, shall at times be considered independent consultants and not agents of City.
Sub-consultants:
The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrat ive liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%.
• Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to su b-consultant’s portion of the work.
Consultant shall be as fully responsible to the Cit y for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City.
• The City reserves the right to approve all sub-cons ultants. The City’s Approval of any sub-consultant under this Agreement shall not in an y way relieve Consultant of its obligations in the Agreement Documents.
Manuals/Standards:
All construction work shall be performed and in acc ordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions an d any local, state and federal requirements, and any other agencies involved.
It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents.
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#2010327v1
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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February 3, 2025
ATTN: Jose Medina, P.E.
City of Santa Ana – Public Works Agency
220 S. Daisy Ave., M-85
Santa Ana, CA 92703
SUBJECT: Fee Proposal Submission for Water Resources Construction Management & Inspection Services (RFP No. 25-011)
Proposer: Berg & Associates, Inc.
Dear Mr. Medina,
Please find attached our cost proposal for the City of Santa Ana’s Request for Proposal (RFP) for Water Resources Construction Management and Inspection Services RFP No. 25-011. Our submission includes a detailed fee schedule in alignment with the scope and requirements outlined in the RFP.
Our proposal reflects Berg & Associates, Inc.’s commitment to delivering exceptional project management and inspection services. We aim to ensure that this critical infrastructure project is executed efficiently, safely, and within the prescribed budget and schedule.
As always, we remain flexible and open to negotiations to best align our services with the City’s goals and project priorities. We have included the CWA requirements in our rates.
Should you have any questions or require further clarification, please do not hesitate to contact me directly at (310) 548-9292, (310) 292-9993, or via email at [email protected].
We look forward to the opportunity to partner with the City of Santa Ana on this essential community project.
Sincerely,
Alicia M. Berg
Vice President
Berg & Associates, Inc.
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Classification Year 1 Year 2 Year 2
Berg & Associates, Inc Feb 3, 2025 -
Feb 3, 2026
Feb 3 2026 -
Feb 3, 2027
Feb 3, 2027 -
Feb 3, 2028
Project Manager 245.08$ 252.43$ 260.00$
Senior Construction Manager 207.78$ 214.02$ 220.44$ Scheduler 184.25$ 189.78$ 195.47$
Construction Manager 176.89$ 182.20$ 187.66$
Office Engineer 167.61$ 172.64$ 177.81$
Civil Inspector* 153.07$ 157.66$ 162.39$
Contract Administrator 150.49$ 155.00$ 159.65$
Public Outreach Manager 139.15$ 143.32$ 147.62$
Public Outreach Assistant 113.85$ 117.27$ 120.78$
Jr. Office Engineer 101.20$ 104.24$ 107.36$
Document Control 88.55$ 91.21$ 93.94$
Reimbursable Expense Cost Unit
Mark-up on Subconsultant 5% /invoice
Printing Large Scale plans (24x36) 5.00$ /sheet
Vehicles 5.75$ /hour
Office supplies/consumbales at cost /item
NOTES:
Year 1
Berg Rates are subject to 3% Cost of Living increase each year. *Inspector rates are subject to increases based on DIR requirements. Rate does not include overtime, weekend, or night shift.
An audited overhead of 130% and a fee of 10% is used to calcualted fully-burdened rates.
Firm: Berg & Associates, Inc.
Feb 3, 2025
PRICING PROPOSAL
Hourly Rate Schedule
City of Santa Ana Water Resources On-Call Construction
Management & Inspection Services Feb 3, 2025 - Feb 3, 2027
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AGREEMENT WITH PSOMAS TO PROVIDE ON-CALL WATER RESOURCES
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between PSOMAS, a California corporation (“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 January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’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 the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25 -011 shall be incorporated herein by reference as though fully attached to this Agreement.
C. Consultant was selected as one of six (6) vendors which qualified for this engagement.
Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges ident ified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 2 5- 011. The total compensation for these services provided by all such consultants selected under RFP 25-011 shall not exceed the share d aggregate amount of One Million Five
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Hundred Thousand Dollars ($ 1,500,000.00) during the term of the Agreement, including any extension periods.
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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Ven dor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
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 the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er 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 relationsh ip, 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 sub contractor 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
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the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
Minimum Scope and Limit of insurance.
• Commercial General Liability (CGL) : Insur ance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggrega te. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
• Workers’ Compensation: 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
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• A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M -21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
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.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage . Consultant shall furnish City wi th 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 Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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, whic h 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
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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 cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s 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, v isually, 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)
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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 i nterests, 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.
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
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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.
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:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, California 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
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 reas onable 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 appear on following page]
PSOMAS
Attn: Brett Barnett, PE
5 Hutton Centre Drive, Suite 300
Santa Ana, CA 92707
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SIGNATURE PAGE TO AGREEMENT WITH PSOMAS TO PROVIDE ON-CALL
WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES
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 Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director
Public Works Agency
By:
Title:
Brett Barnett, PE, CCM
Vice President
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.05.05
16:48:51 -07'00'
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
C
ONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
RFP NO. 25-011
Introduction/Background
The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City.
These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below.
The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services.
All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal.
Scope of Services
T
he selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to:
• Project coordination, management, inspection and oversight • Project constructability review and assistance during design phase • Value Engineering
• Consideration of life cycle costs
• Bidding process review assistance and oversight
• Public engagement and community meetings as necessary • Coordination with local agencies, utility companies and members of the public • Project budgeting, scheduling, cost accounting and reporting (with input from others as required)
• Prepare monthly reporting for project construction status • Propose, develop and implement project quality assurance and quality control programs (QA/QC)
• Prepare, review and process contractor’s requests, payment and invoicing • Review, evaluate and recommend budget cost analysis
• Review, and recommend shop drawings for approval
• Review approval of any specifications and permit requirements
EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
• Provide field conflict resolutions
• Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports
• Schedule, prepare agendas, conduct progress meetings, and minutes • Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation
• Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement
• Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving
• Construction Inspection Services management and oversight • Project commissioning and or owner training
• Any other items required for successful project execution
The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants.
The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.
Project Management, Equipment/Supplies:
The consultant(s) services shall be in accordance w ith the provisions, guidelines and specifications detailed here in and not limited to professional st andards established by the City, and or federal, st ate and local guidelines.
The consultant(s) 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 to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, er rors, or omissions, the consultant(s) shall submit the matter to the City for clarification.
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 Agencies
• Provide as-built records and project information
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CITY OF SANTA ANA
• Advertise, award, and administer of contract
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed
• Resolve all construction claims
Fee Proposal:
In addition to Section V.G.2 (Submittal Requirement s: Cost Proposal) fee schedule shall be structured as follows:
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 he rein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s).
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. (If applicable)
Consultants are advised to consider whether service s to be performed include classifications subject to state or federal prevailing wage require ments. Prevailing wages will apply if the services to be performed will involve land surveyin g (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundat ion investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations websi te at http://www.dir.ca.gov.dlsr/statistics_research.html.
Labor categories subject to prevailing wage require ments, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assum e any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law.
2. The City reserves the right to amend this Request f or Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exceptio n of the confidential Financial Capacity information and fee proposals.
4. 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.
5. The City has an affirmative action program. The pur pose of the affirmative action program is to encourage certified minority business enterprises a nd women business enterprises. All submitting firms must have established affirmative action programs approvable by the City.
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CITY OF SANTA ANA
During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team.
6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, di rect or indirect, financial or otherwise, which would conflict in any manner or degree with the per formance of the services hereunder.
Consultant further covenants that, in the performan ce of this contract, no sub-consultant or person having such an interest shall be employed. C onsultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consult ant that in the performance of the services required under this contract, Consultant, and any o f its sub-consultants or employees, shall at times be considered independent consultants and not agents of City.
Sub-consultants:
The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrat ive liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%.
• Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to su b-consultant’s portion of the work.
Consultant shall be as fully responsible to the Cit y for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City.
• The City reserves the right to approve all sub-cons ultants. The City’s Approval of any sub-consultant under this Agreement shall not in an y way relieve Consultant of its obligations in the Agreement Documents.
Manuals/Standards:
All construction work shall be performed and in acc ordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions an d any local, state and federal requirements, and any other agencies involved.
It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents.
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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Cost Proposal for RFP No. 25-011 | 02.03.25
Water Resources Construction Management
and Inspection Services Cost Proposal
CITY OF SANTA ANA
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1 STANDARD HOURL Y RATE SCHEDULE
Classification Straight Time
Hourly Rate
Overtime
Hourly Rate
(8-12 hours)
Overtime
Hourly Rate
(Over 12
hours)
Supervising Project Manager/Principal $350 $350 $350
Senior Project Manager 2 $290 $290 $290
Senior Project Manager 1 $290 $290 $290
Project Manager $265 $265 $265
Senior Resident Engineer $260 $260 $260
Resident Engineer III $235 $235 $235
Resident Engineer II $210 $210 $210
Resident Engineer I $190 $190 $190
Senior Structures Representative $260 $260 $260
Structures Representative III $235 $235 $235
Structures Representative II $210 $210 $210
Structures Representative I $190 $190 $190
Senior Construction Manager $225 $225 $225
Construction Manager II $205 $205 $205
Construction Manager I $185 $185 $185
Scheduler $175 $263 $350
Senior Inspector $230 $345 $460
Inspector III $220 $330 $440
Inspector II $210 $315 $420
Senior Office Engineer $195 $293 $390
Office Engineer 3 $165 $248 $330
Office Engineer 2 $132 $203 $270
Office Engineer 1 $100 $150 $200
Labor Compliance $135 $203 $270
Administrative Support $115 $173 $230
Construction Management Services
City of Santa Ana, Water Resources - Construction Management and Inspection Services 2025 - 2027 Rates
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2 Classification and Rate Schedule
Classification
2025 Hourly
Rates
(ST & OT)
2026 Hourly
Rates
(ST & OT)
2027 Hourly
Rates
(ST & OT)
Senior Construction Manager $250.00 $258.75 $267.81
Construction Manager $200.00 $207.00 $214.25
Associate Construction Manager $162.50 $168.19 $174.07 Field Engineer $162.50 $168.19 $174.07
Senior Construction Claims
Advisor (Cost/Schedule) $250.00 $258.75 $267.81
Senior Construction Scheduler $212.50 $219.94 $227.64 Construction Scheduler $187.50 $194.06 $200.85
Associate Construction
Scheduler $155.00 $160.43 $166.04
Senior Cost Estimator $220.00 $227.70 $235.67
Cost Estimator $195.00 $201.83 $208.89
Estimator - Take off Specialist $150.00 $155.25 $160.68
Resources Classification
Aaron Trimm, PE., CCM Senior Construction Manager
Alex Garibay Construction Manager
Issa Batarseh Construction Manager
Alecia Espinoza, CCM Associate Construction Manager / Field Engineer Tom Huntington, PMP Senior Construction Claims Advisor (Cost/Schedule) Chase Wirtz Senior Construction Scheduler
Autumn Hall Construction Scheduler
Trevor Kroesch Senior Cost Estimator
Kevin Holmes Cost Estimator
Raul Salazar, EIT Cost Estimator
Kevin Holmes Cost Estimator
The rate schedule above presents Capo Projects Group rates for professional services to be provided during the Construction Management and Inspection Services contract RFP No. 25-011 with the City of Santa Ana.
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3 Rates: Hourly billing rates are all-inclusive including overhead, profit, and expenses. Rates shall be held constant through December 31, 2025. On-Call Engineering Services rates subject to annual increase of 3.5% starting January 1, 2026.
We acknowledge that no additional compensation will be received beyond price negotiated for each task (task order) to be performed unless changes are approved in advance by a change order signed by the City of Santa Ana.
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4 CCaassaammaarr GGrroouupp,, LLLLCC
Project, Resource & Compliance Management
23335 Alamos Lane, CA 91321
Phone: (661) 254-2373 - Fax: (661) 253-0549 – www.casamargroup.com
Casamar Group Standard Rates
Position / Job Title Billable Billable Billable
2023* 2024 2025
Project Principal, Engineer P.E.
$197.74
$205.65
$213.87
Sr. Labor/PLA Compliance Officer
$177.38
$184.47
$191.85
SWPPP QSP Engineer/Construction
Manager
$156.21
$162.46
$168.95
Senior Compliance Data Analytics, Doc.
Control & Outreach Analyst
$113.85
$118.41
$123.14
Compliance & Outreach Analyst
$91.88
$95.56
$99.38
Administration Support $70.95 $73.79 $76.74
* 4% rate escalation starting 2023
10% Mark up on Reimbursables (ODC's)
Mileage at $0.655 (or current Caltrans rate)
10/6/2023
Joe Garcia, P.E
Principal
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5 Delivering Worldwide Inspection Solutions
12842 Valley View, Suite 108 Garden Grove CA. 92845
714.903.3990
1/29/25
Reference: Fee Schedule
City of Santa Ana-RFP No. 25-011
Water Resources Construction Management and Inspection Services
In response to your request, we have assembled the following information concerning the provision of Quality Assurance Services associated with the above referenced project for your review. As we discussed, On -Site Technical Services Inc. provides highly trained professionals strategically positioned throughout the United States. This allows us to staff most inspections with minimal travel expenses by using local inspectors. ON-SITE can support the following scope:
− Construction Observation/Inspection Services
− Testing and Start up Services
It is our understanding that our scope of work will be to provide Quality Assurance Services associated with construction inspection support for this project.
Domestic Assignments:
The RFP has identified that the inspection activities at City project sites and offsite locations will fall under prevailing wage requirements. We have based our estimate on the current Prevailing Wage rates, taken from California State, Director of Industrial Relations web site for prevailing wage determinations.
The classification that most closely relates to our duties is “Building Construction Inspector” for Commercial Building, Highway, Heavy Construction, and Dredging projects, Determination SC-23-2-2006-D1.
Domestic Inspection assignments:
We have based our fee proposal with the understanding that Prevailing wage will be applicable to the services provided at jobsite and off-site locations. The following table reflects our fees:
Classification (prevailing wage) ST rate OT Rate DT Rate Mileage Travel Time Billable Construction inspector /welding mechanical/NACE $170.00 $195.00 $230.00 IRS Yes Start Up & Commissioning Engineer $215.00 N/A N/A IRS Yes
Vehicle Costs
If an assignment at a job site requires a vehicle to travel from the job site trailer / office and the construction site the cost will be $1200 per month including gas and insurance.
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6 Delivering Worldwide Inspection Solutions
12842 Valley View, Suite 108 Garden Grove CA. 92845
714.903.3990
Note:
1. These fees detailed above apply to work in the continental United States only. The following services are considered billable: specification and submittal review, job preparation, travel and reporting time. Assignments for overseas work will be quoted on a case-by-case basis.
2. For construction inspection assignments, the above fees do not include required office supplies, cell phones and computers for construction site assignments. It is assumed that the inspector will have access to a computer at the project site and any related office supplies be provided by the project team.
3. The above prevailing wage fees are subject to annual increases in compliance with the increases required by the California State Director of Industrial Relations. Non- Prevailing wage fees are subject to a 4% annual increase. International inspection rates are subject to annual increases of 5%.
4. The above fabrication engineer is understood to cover the following services: supporting our customers, solving manufacturing problems, preinspection meetings, technical related research and meetings, and other client required visits to the manufacturer.
5. Premium rates are in effect for services in excess of 8 hours in any one day, including travel and reporting time, and for all time incurred on Saturdays, Sundays and ON-SITE Holidays. Double time will be in effect for all hours in excess of 12 hours on any weekday and in excess of 8 hours on any Sunday.
6. Per Diem and travel related costs (time and expenses) Outside of Southern California have not been included in our fee structure and are considered billable. When inspection assignments are identified, we will do our best to staff the required location with a locally based inspector. Once the closest qualified inspector has been identified, their resume will be submitted to the project team for approval. Once the inspector has been approved the Travel Time, and expenses will be estimated.
Per Diem costs (if required) will be based on reasonable living expenses for the region the fabricator is located. The actual mileage will be charged at the current IRS rate of $ 0. 67 per mile.
7. Out-of-pocket expenses are charged at cost. Office costs including postage, phone, courier services, and copies will be charges at cost. Copies, faxes and digital photos will be charges at ON -SITE’s prevailing rates. Travel related expenses are billed at cost.
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5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
714.751.7373
www.Psomas.com
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AGREEMENT WITH WILLDAN ENGINEERING TO PROVIDE ON-CALL WATER
RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Willdan Engineering, a California corporation (“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 January 14, 2025, the City issued Request for Proposal (“RFP”) No. 25-011, by which it sought Consultants to provide on-call water resources construction management and inspection services on behalf of the City of Santa Ana’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 the services described in the scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit A. Consultant’s responsive proposal to RFP No. 25 -011 shall be incorporated herein by reference as though fully attached to this Agreement.
C. Consultant was selected as one of six (6) vendors which qualified for this engagement.
Only those consultants approved by the City Council on May 20, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges ident ified in Exhibit B, attached hereto and incorporated herein. Consultant is one of six (6) consultants selected under RFP 2 5- 011. The total compensation for these services provided by all such consultants selected under RFP 25-011 shall not exceed the share d aggregate amount of One Million Five EXHIBIT 5
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Hundred Thousand Dollars ($ 1,500,000.00) during the term of the Agreement, including any extension periods.
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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Ven dor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
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 the date first written above for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er 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 relationsh ip, 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 sub contractor 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
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the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
Minimum Scope and Limit of insurance.
• Commercial General Liability (CGL) : Insur ance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggrega te. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
• Workers’ Compensation: 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
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• A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M -21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
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.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage . Consultant shall furnish Ci ty 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 Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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, whic h 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
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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 cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s 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, v isually, 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)
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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 i nterests, 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.
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
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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.
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:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, California 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
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 appear on following page]
Willdan Engineering
Attn: Chris Baca, RCI
2401 East Katella Ave., Suite 300
Anaheim, California 92806
Fax: 714-940-4920
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SIGNATURE PAGE TO AGREEMENT WITH WILLDAN ENGINEERING TO
PROVIDE ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
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 Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director
Public Works Agency
By:
Title:
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.05.07
09:21:52 -07'00'
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
C
ONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
RFP NO. 25-011
Introduction/Background
The City of Santa Ana intends to retain qualified professional consultant(s) on an as-needed or “on- call” basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City.
These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City’s project schedule. A more detailed scope of services is listed in the section below.
The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on-call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services.
All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal.
Scope of Services
T
he selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to:
• Project coordination, management, inspection and oversight • Project constructability review and assistance during design phase • Value Engineering
• Consideration of life cycle costs
• Bidding process review assistance and oversight
• Public engagement and community meetings as necessary • Coordination with local agencies, utility companies and members of the public • Project budgeting, scheduling, cost accounting and reporting (with input from others as required)
• Prepare monthly reporting for project construction status • Propose, develop and implement project quality assurance and quality control programs (QA/QC)
• Prepare, review and process contractor’s requests, payment and invoicing • Review, evaluate and recommend budget cost analysis
• Review, and recommend shop drawings for approval
• Review approval of any specifications and permit requirements
EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
• Provide field conflict resolutions
• Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports
• Schedule, prepare agendas, conduct progress meetings, and minutes • Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation
• Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement
• Project closeout, including: post-construction debriefing meetings; contractor evaluations, file purging and archiving
• Construction Inspection Services management and oversight • Project commissioning and or owner training
• Any other items required for successful project execution
The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub-consultants.
The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.
Project Management, Equipment/Supplies:
The consultant(s) services shall be in accordance w ith the provisions, guidelines and specifications detailed here in and not limited to professional st andards established by the City, and or federal, st ate and local guidelines.
The consultant(s) 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 to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, er rors, or omissions, the consultant(s) shall submit the matter to the City for clarification.
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 Agencies
• Provide as-built records and project information
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CITY OF SANTA ANA
• Advertise, award, and administer of contract
• Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) if needed
• Resolve all construction claims
Fee Proposal:
In addition to Section V.G.2 (Submittal Requirement s: Cost Proposal) fee schedule shall be structured as follows:
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 he rein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s).
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. (If applicable)
Consultants are advised to consider whether service s to be performed include classifications subject to state or federal prevailing wage require ments. Prevailing wages will apply if the services to be performed will involve land surveyin g (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundat ion investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations websi te at http://www.dir.ca.gov.dlsr/statistics_research.html.
Labor categories subject to prevailing wage require ments, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assum e any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law.
2. The City reserves the right to amend this Request f or Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exceptio n of the confidential Financial Capacity information and fee proposals.
4. 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.
5. The City has an affirmative action program. The pur pose of the affirmative action program is to encourage certified minority business enterprises a nd women business enterprises. All submitting firms must have established affirmative action programs approvable by the City.
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CITY OF SANTA ANA
During the RFP stage, all firms will need to complete a “Certification of Non-Discrimination” for each firm on their team.
6. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, di rect or indirect, financial or otherwise, which would conflict in any manner or degree with the per formance of the services hereunder.
Consultant further covenants that, in the performan ce of this contract, no sub-consultant or person having such an interest shall be employed. C onsultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consult ant that in the performance of the services required under this contract, Consultant, and any o f its sub-consultants or employees, shall at times be considered independent consultants and not agents of City.
Sub-consultants:
The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub-consultant(s) to complete the assignments. For specialized work for which the prime consultant will require a sub- consultant, the prime will serve as the administrat ive liaison between the City and the sub- consultant. The prime consultant mark-up for sub-consultant work shall not exceed 10%.
• Consultant agrees to bind every sub-consultants to the terms of the Agreement Documents as far as such terms are applicable to su b-consultant’s portion of the work.
Consultant shall be as fully responsible to the Cit y for the acts and omissions of its sub- consultants and of persons either directly or indirectly employed by its sub-consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub-consultants and the City.
• The City reserves the right to approve all sub-cons ultants. The City’s Approval of any sub-consultant under this Agreement shall not in an y way relieve Consultant of its obligations in the Agreement Documents.
Manuals/Standards:
All construction work shall be performed and in acc ordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions an d any local, state and federal requirements, and any other agencies involved.
It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents.
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2024 to June 30, 2025
** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2024 thru June 30, 2025, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.
Rev V01 05.22.2024
DESIGN ENGINEERING
Technical Aide I $81
Technical Aide II $103
Technical Aide III $120
CAD Operator I $128
CAD Operator II $148
CAD Operator III $165
GIS Analyst I $168
GIS Analyst II $184
GIS Analyst III $191
Environmental Analyst I $144
Environmental Analyst II $161
Environmental Analyst III $171
Environmental Specialist $185
Designer I $173
Designer II $179
Senior Designer I $188
Senior Designer II $197
Design Manager $196
Senior Design Manager $206
Project Manager I $186
Project Manager II $207
Project Manager III $217
Project Manager IV $234
Principal Project Manager $238
Program Manager I $197
Program Manager II $209
Program Manager III $228
Assistant Engineer I $141
Assistant Engineer II $157
Assistant Engineer III $166
Assistant Engineer IV $175
Associate Engineer I $184
Associate Engineer II $192
Associate Engineer III $196
Senior Engineer I $199
Senior Engineer II $204
Senior Engineer III $207
Senior Engineer IV $211
Supervising Engineer $219
Traffic Engineer I $219
Traffic Engineer II $234
City Engineer I $234
City Engineer II $238
Deputy Director $243
Director $249
Principal Engineer $270
BUILDING AND SAFETY
Code Enforcement Technician $106
Code Enforcement Officer $121
Senior Code Enforcement Officer $143
Supervisor Code Enforcement $173
Fire Plans Examiner $173
Senior Fire Plans Examiner $189
Fire Inspector $159
Senior Fire Inspector $173
Fire Marshal $204
Plans Examiner Aide $114
Plans Examiner $173
Senior Plans Examiner $189
Assistant Construction Permit
Specialist
$121
Construction Permit Specialist $128
Senior Construction Permit
Specialist
$150
Supervising Construction Permit
Specialist
$159
Assistant Building Inspector $143
Building Inspector $159
Senior Building Inspector $173
Supervising Building Inspector $189
Inspector of Record $202
Deputy Building Official $205
Building Official $210
Plan Check Engineer $205
Supervising Plan Check Engineer $215
Principal Project Manager $238
Deputy Director $243
Director $249
PLANNING
CDBG Technician $86
CDBG Specialists $103
CDBG Analyst $122
CDBG Coordinator $152
CDBG Manager $183
Housing Program Coordinator $151
Planning Technician $130
Assistant Planner $162
Associate Planner $176
Senior Planner $200
Principal Planner $208
Planning Manager $221
Deputy Director $243
Director $249
CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $146
Labor Compliance Manager $183
Utility Coordinator $167
Office Engineer I $147
Office Engineer II $167
Assistant Construction Manager $160
Construction Manager $185
Senior Construction Manager $201
Resident Engineer I $208
Resident Engineer II $216
Project Manager IV $234
Deputy Director $243
Director $249
INSPECTION SERVICES
Public Works Observer ** $131
Public Works Observer *** $159
Senior Public Works Observer** $143
Senior Public Works Observer *** $159
MAPPING AND EXPERT SERVICES
Survey Analyst I $147
Survey Analyst II $169
Senior Survey Analyst $187
Supervisor - Survey & Mapping $203
Principal Project Manager $238
LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $153
Associate Landscape Architect $176
Senior Landscape Architect $193
Principal Landscape Architect $204
Principal Project Manager $238
ADMINISTRATIVE
Administrative Assistant I $99
Administrative Assistant II $120
Administrative Assistant III $140
Project Accountant I $112
Project Accountant II $132
Project Controller I $140
Project Controller II $158
City Council
20 –
93 5/20/2025