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
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
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.
• 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
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)
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
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)
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
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'
EXHIBIT A
SCOPE OF SERVICES
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
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
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.
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.
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
Cost Proposal for RFP No. 25-011 | 02.03.25
Water Resources Construction Management
and Inspection Services Cost Proposal
CITY OF SANTA ANA
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
Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana 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.
Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana 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.
Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana 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
Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana 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.
Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana 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.
Psomas | Water Resources Construction Management & Inspection Services Cost Proposal – City of Santa Ana 5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
714.751.7373
www.Psomas.com