Santa Ana City Council
August 4, 2026

AGREEMENT WITH DOKKEN ENGINEERING TO PROVIDE

BRIDGE PREVENTATIVE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into on this 4th day of August, 2026 by and between Dokken Engineering (“Contractor”), 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
On June 5, 2025, the City issued Request for Proposals (“RFP”) No. 25-081A, by which it sought Contractors to provide Bridge Preventative Maintenance Services.

Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-081A attached as Exhibit A.

In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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
Contractor 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 Exhibit A, attached hereto and incorporated by reference.

COMPENSATION
City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified Exhibit B . The total amount to be expended during the term of this Agreement shall not exceed $ , , including any extension periods.

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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor 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 payments directly into Contractor’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance EXHIBIT 5

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 two (2) year term with the option for the City to grant up to three (3), one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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.

6. 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 Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in EXHIBIT 5

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.

7. INSURANCE
Insurance requirements attached hereto as Exhibit C and incorporated by reference.

8. INDEMNIFICATION
Contractor 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 Contractor, 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 Contractor 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 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.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor 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 Contractor to the City pursuant to this Agreement.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created EXHIBIT 5

pursuant to this Agreement during regular business hours. Contractor 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 Contractor under this Agreement.

11. CONFIDENTIALITY

If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
a. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members.

b. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest.

Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

EXHIBIT 5

c. Contractor 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.
d. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. e. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
f. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
g. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (d) and (e) above.

13. NON-DISCRIMINATION
Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and EXHIBIT 5

Contractor, 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 Contractor. 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 Contractor 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.

15. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City.

16. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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.

17. 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.

18. 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 EXHIBIT 5

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.

19. PROFESSIONAL LICENSES

Contractor 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. Contractor 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.

20. FEDERAL REGULATIONS

Contractor shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth below.

Notwithstanding, anything to the contrary herein, including without limitation , the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement.

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions. a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records – With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.

EXHIBIT 5

d. Reports – Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e
.

Section 504 of the Rehabilitation Act of 1973 (Handicapped) – All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discriminati on
i
n employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f
.

Americans with Disabilities Act of 1990 – (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity – None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying – Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement
.
i.

Non-Discrimination and Equal Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans wit h D
isabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origi n,
s
ex, or disability against a recipient of funds, the Recipient will forward a copy of the findings t o C
ITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended EXHIBIT 5

by Executive Order No. 11375.
j. Equal Employment Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
l. Copeland “Anti-Kickback” Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. m. Davis-Bacon Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

n. Work Hours and Safety – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

o. Clean Air Act –

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

p. Energy and Conservation – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights – Recipient agrees that the Department of Homeland Security shall have the EXHIBIT 5

authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright – Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:

(1) the copyright in any work developed through this Agreement; and

(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights. t. Equal Employment in Construction Contracts – Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions EXHIBIT 5

discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
u. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and EXHIBIT 5

subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services produced by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

v. Domestic Preferences for Procurements/Subcontracts – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322.

Recipient shall comply with the federal and recipient standards in the award of any subcontracts.

For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.

(1) Recovered Materials

Recipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance EXHIBIT 5

schedule; Meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

(2) Domestic Preference for Procurements

Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

w. Termination for Cause and Convenience – Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.

x. Contractual/Legal Remedies for Breach of Contract – Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.

21. 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:

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City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

Dokken Engineering
Attention: Gabriel Hoxmeier
1450 Frazee Road, Suite100
San Diego, CA 92108

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.

23. 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.

EXHIBIT 5

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
City Clerk
APPROVED AS TO FORM:

ALVARO NUÑEZ
City Manager
CONTRACTOR:

SONIA R. CARVALHO
City Attorney
By:

Kyle Nellesen By:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL:

Rodolfo Rosas, P.E.

Acting Executive Director
Public Works Agency
EXHIBIT 5

EXHIBIT A
EXHIBIT 5
Scope of Services
Bridge Preventative Maintenance Program
RFP No. 25-081A
PAGE 1

SCOPE OF SERVICES
TASK 1 DESIGN DEVELOPMENT (30% PLANS)
Task 1.1 Project Coordination
Dokken Engineering’s project management will include regular virtual meetings, in-person deliveries, presentation of work products, development and monitoring of action items, monthly progress reports, work progress monitoring, budget monitoring, coordination and communication. Twelve (12) Monthly Project Delivery Team (PDT) meetings will be held with City staff and other representatives, as necessary, to discuss work progress, decisions made, schedule and considerations for the City.

The Dokken Project Manager will work closely with the City Project Manager and continuously inform the City Project Manager of all project activities. The duration of the project management effort is expected to be continuous through completion of the job. Project management will include: l ; preparing for, ; p
schedule; preparing monthly progress reports ; and m
support.

The Dokken team will document key project decisions, assumptions, and action items in a centralized tracking system to ensure continuity throughout the project lifecycle and to support audit readiness for federally funded projects.

Coordination – Close contact will be maintained between the Dokken Project Manager, all subconsultants, the City Project Manager, project personnel, and regulatory agencies. The Dokken Project Manager will act as the principal liaison between the City and staff at Dokken.

Project coordination will include support for Federal-aid process compliance, including assistance with tracking key authorization milestones (e.g., E-76 requests), documentation requirements, and coordination of information necessary for Local Assistance approvals.

Subconsultant coordination will include scope alignment, schedule integration, review of deliverables, and verification of consistency with overall project objectives and regulatory requirements.

The Dokken Project Manager will coordinate internal quality control reviews across all disciplines to ensure consistency, completeness, and adherence to project standards prior to submittal.

Communication – Effective communication through in-person visits, focused meetings, telephone calls and e-mails to the City will be performed to discuss specific project issues by the Project Manager. Regular communication with team members, the City and other agency personnel will be facilitated through the Dokken Project Manager.

Progress reports will be submitted monthly to the City. These reports will include the work performed during that period, a discussion of issues/decisions, recommendations to address issues, budget status, and anticipated work for the following month. The progress report will be submitted with the monthly invoice. Dokken’s Project Manager is responsible for maintaining cost control for each task, including our subconsultants.

Project Schedule - Dokken will provide and maintain a detailed Milestone Schedule for the bridge and a less detailed program wide Microsoft Project Schedule. The Milestone Schedule is a simple one page schedule to assist in project communication Dokken’s Project Manager will closely monitor the schedules and discuss updates with the City Project Manager.

Task 1.1 Deliverables: Monthly Progress Report and Invoice; Meeting Agendas and Minutes; Action Item Lists; RFA and HBP Funding Support Information; Project Schedule
TASK 1.2 RECORDS RESEARCH
Dokken Engineering will research all information pertinent to the project such as existing field conditions, as-built plans and record drawings right-of-way and parcel data, and all future improvement plans adjacent to or affecting the project site.

Dokken Engineering will identify all existing and proposed facilities within the project limits and potential conflicts.

TASK 1.3 ENVIRONMENTAL CLEARANCE
Task 1.3.1 Preliminary Environmental Study (PES)
Dokken will prepare a draft PES Form and will coordinate with Caltrans to setup a field review prior to approval of the PES Forms. The PES Form will include an environmental study area map as well as an environmental constraints analysis to identify key environmental impacts that could occur during construction. Once the draft PES Form is completed, it will be reviewed EXHIBIT 5
Scope of Services
Bridge Preventative Maintenance Program
RFP No. 25-081A
PAGE 2
by the City and Caltrans. The PES form will outline the recommended federal environmental documentation, technical studies, surveys, approvals, agency coordination, and permits required for the Project.

Task 1.3.1 Deliverables: Preliminary Environmental Study TASK 1.3.2 Field Investigations and Hazardous Material Surveys Geocon and Dokken will assess each of the eight bridge locations (the sites) within the City.

TASK 1.3.2.1 Phase I Initial Site Assessment (ISA)
Dokken will perform an Initial Site Assessment (ISA) will be to determine the potential presence of environmental concerns and contaminated properties at the sites that may impact maintenance at each location.

The primary purpose of the ISA is to assess the sites for the potential presence of recognized environmental conditions (RECs) (i.e., levels of hazardous substances and/or petroleum products warranting regulatory cleanup action) and the uses and conditions at properties and facilities in the site vicinities with the potential to cause (or have caused) an REC at the sites. For the purposes of this ISA, the “vicinity” of the sites is defined as properties/facilities within 1/8 mile of the sites. The ISA will be performed in general accordance with the ASTM International (ASTM) Designation E 1527-21 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Potential environmental concerns and contaminated properties that are determined to potentially pose a significant impact to the planned improvements would be further evaluated during a subsequent (Phase II) Preliminary Site Investigation (PSI).

As part of the Phase I ISA, Dokken will perform the following services including:

Perform a reconnaissance of the sites to assess for the presence, or make visual observations of indicators of the potential presence, of RECs on the sites. These indicators may include 55-gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical transformers that may contain polychlorinated biphenyls, and areas conspicuously absent of vegetation. If access is unavailable to any portions of the sites, our ability to complete the assessment described herein may be hindered. Assessment of the sites for wetlands, asbestos-containing building materials, lead- containing paint, lead in drinking water, radon, methane gas, and naturally occurring substances such as arsenic and asbestos are not included in the ISA services.

Perform a visual survey of adjoining and adjacent properties from the sites and from public thoroughfares to observe general types of land use and conditions surrounding the sites.

Review the Standard Environmental Records Sources: Federal and State as referenced in ASTM Designation E 1527-21 to obtain information regarding the potential presence of hazardous substances and/or petroleum products on the sites or on properties within the approximate minimum search distance specified for each source, reviewing reasonably ascertainable regulatory agency files for the sites and documented hazardous substance and/or petroleum product release locations near the sites. The sources for these files could include the local department of environmental health, the California Regional Water Quality Control Board, and the California Department of Toxic Substances Control.

Review pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the sites.

Review and interpret reasonably ascertainable historical aerial photographs to obtain information concerning the historical use of the sites and adjacent properties.

Review historical United States Geological Survey topographic maps to obtain information relative to the topography of the sites, as well as previous development and uses of the sites and properties located in the vicinity of the sites.

Review documents provided by the Client. Potentially useful documents may include geotechnical, geologic, and environmental reports, site plans, plot plans, and correspondence with regulatory agencies.

Prepare a report summarizing the findings of the ISA for the sites and qualitatively describing existing, or the potential for, RECs on the sites.

TASK 1.3.2.2 Phase II Preliminary Site Investigation (PSI) Report This work is NOT included in this scope.

Task 1.3.3 Natural Environmental Study (Minimal Impacts) A Dokken biologist will conduct fieldwork in order to assess the presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the potential for occurrence of such resources. A literature search will be conducted.

The location of any sensitive biological resources in the study area, including plants and plant communities, will be mapped.

Surveys will be timed for the appropriate season, e.g. plant surveys during the blooming season.

A Natural Environment Study (Minimal Impacts) (NES(MI)) in the current Caltrans format will be prepared. The field methods will be described along with the field survey and literature search results. Plant and animal species observed will be listed, along with a general description of vegetative communities. Sensitive resources found will be mapped and evaluated in the NES(MI). The report will contain tables describing sensitive species and their habitats that are present or potentially present; EXHIBIT 5
Scope of Services
Bridge Preventative Maintenance Program
RFP No. 25-081A
PAGE 3
it will identify and assess project impacts on the existing biological resources, including any sensitive species. Mitigation measures will be included as necessary.

Task 1.3.3 Deliverables: Natural Environment Study (Minimal Impacts) Task 1.3.4 Cultural Resources/Section 106 Compliance
BPMP activities are oftentimes considered a “screened undertaking” and may be exempt from the Caltrans Section 106 of the National Historic Preservation Act (NHPA) compliance process.

Task 1.3.4.1 Section 106 Compliance – Screened Undertaking Dokken will coordinate with Caltrans to determine if the proposed project activities qualify for a screened undertaking, which many involve some preliminary research, including a records search through the California Historical Resources Information System (CHRIS), Native American consultation, and a pedestrian survey. This task assumes that no cultural resources that require recordation and evaluation for the National Register of Historic Places will be identified within the APE.

Although the project may qualify for a CEQA exemption which does not require CEQA Native American consultation, should the City request it, Dokken can assist with the preparation of Project Notification Letters, per California Public Resources Code (PRC) §21080.3.1 (also referred to as AB 52). Dokken can assist the City with subsequent Native American consultation meetings, requests, and recommendations conducted under both Section 106 of the NHPA and PRC §21080.3.1 (AB 52).

Task 1.3.4.1 Deliverables:Historic Property Survey/Archaeological Survey Report Task 1.3.4.2 Section 106 Compliance – Full Report (OPTIONAL) Should Caltrans not agree that the project qualifies as a screened undertaking, Dokken will conduct Section 106 of the NHPA cultural resource identification efforts. These efforts include delineation of an Area of Potential Effects (APE), Native American Heritage Commission Sacred Lands File Search, CHRIS records search, historical research, Native American consultation, a pedestrian survey, and preliminary assessment of buried site potential within the APE. The results of the identification efforts will be documented in an Archaeological Survey Report (ASR) and Historic Property Survey Report (HPSR).

Task 1.3.4.2 Deliverables:Record Search, Native American Consultation Log Task 1.3.5 Section 4(f)/Section 6(f) Documentation
Dokken will coordinate with Caltrans and the City to verify that the project meets the definition of “temporary occupancy” for the purposes of completing the Section 4(f) and Section 6(f) documentation. Because the bridges are elevated over the parks and trails, except the W MacArthur Blvd bridge, the maintenance work does not conflict with the use of the parks or trails. A de minimis level of documentation is not anticipated. A letter report or memorandum will be prepared to document the findings and concurrence on the temporary occupancy finding will be requested from the official with jurisdiction over the parks and trails.

Task 1.3.5 Deliverables: Section 4(f) and Section 6(f) Documentation Task 1.3.6 Water Quality Assessment Memorandum
Dokken will prepare a Water Quality Assessment Report to address the potential for project impacts on water quality based on current Caltrans guidelines (Environmental Handbook Volume 1, Chapter 9, Water Quality). The report will discuss the waters within the project areas and the receiving waters conditions, objectives, and beneficial uses as well as Caltrans standard best management practices (BMPs) and project design features required in accordance with the current Caltrans Statewide Storm Water Management Plan. This scope and fee assumes that a full Water Quality Assessment Report will not be required by Caltrans.

Task 1.3.6 Deliverables:Water Quality Assessment Memorandum Task 1.3.7 CEQA Notice of Exemption (NOE) Form and Evaluation Letter; NEPA Categorical Exclusion Based on identified type of maintenance work identified in the BPMP Plan and preliminary research, the proposed project qualifies for CEQA categorical exemption 15301 for existing facilities. Dokken Engineering will prepare a letter that evaluates whether there are any exceptions that would preclude the use of the CEQA exemption. If no exceptions exist, a CEQA Notice of Exemption (NOE) for will be prepared for the City to file NOE. Dokken will file the NOE with the State Clearinghouse. This scope and fee include the $50.00 filing fee. Dokken will work with Caltrans Local Assistance to prepare a Categorical Exclusion as the NEPA approval document for the project and will include avoidance, minimization and mitigation measures provided in the technical studies prepared.

Task 1.3.7 Deliverables:Notice of Exemption (NOE) Form and Recommendation Letter TASK 1.4 REGULATORY PERMITS
EXHIBIT 5
Scope of Services
Bridge Preventative Maintenance Program
RFP No. 25-081A
PAGE 4
TASK 1.4.1 Section 401 Waste Water Discharge Permit
Below deck work is needed for spall repair; however, such maintenance work of existing, serviceable structures is typically exempt from Section 404 Clean Water Act permitting. Non-exempt work may be authorized under the Regional General Permit (RGP) Number 100 issued to the Orange County Flood Control Division by the Corps of Engineers. Coverage under the RGP requires the filing of a Notice of Intent to the Regional Water Quality Control Board for a Waste Water Discharge Permit and is included in this scope. The Orange County Public Works also has a Streambed Alteration Agreement with the California Department of Fish and Wildlife that authorizes OCPW to conduct routine maintenance, and it is assumed a Verification Request Form is necessary to submit to CDFW. Dokken will prepare the Verification Request Form or applications and pay associated permit fees. Dokken will submit the forms or applications directly to the agency, or to the City as required.

Dokken will prepare and submit applications for encroachment permits for Orange County Flood Control District (OCFCD) or other regulatory agencies, and pay associated permit fees. Dokken will submit the forms or applications directly to the agency, or to the City as required.

Task 1.4.1 Deliverables: RWQCB Notice of Intent and Waste Water Discharge Permit; OCFCD Encroachment Permit TASK 1.5 PRELIMINARY DESIGN
TASK 1.5.1 Preliminary Design Concept
Dokken will organize a kick-off meeting with the City staff to discuss the conceptual design plan, project goals and objectives, potential elements and issues, schedule, review of existing information, and conduction of a site investigation.

The BPMP Plan includes eight (8) bridges where bridge preventive maintenance is to be performed. Dokken Engineering will field verify the applicability of the maintenance activities listed on the provided 2020 BPMP Plan. Along with the field review and record research, Dokken Engineering will identify any other maintenance work necessary on the listed bridges to bring them to current conformance with the Caltrans inspection criteria and standards.

Based on the results and recommendations from the field review and records research, maintenance activities may get added or removed. The scope of this project will be based off the provided, listed maintenance activities. Activities may be added to or removed from the scope as authorized.

TASK 1.5.2 BRIDGE DECK TESTING
Two bridges (BR# 55C0055 - Main Street at Santiago Creek Channel and BR# 55C0423 - 17 th Street at Santa Ana River Channel)
have been identified in the inspection reports and BPMP Plan to core the bridge deck and test for chloride content. This investigative work will be included in the scope of this task to determine recommendations based on chloride contents found.

The recommendations for work activities may be added and included in the PS&E package as performed in Task 2 of this scope.
-inch-
extracted, and immediately reinstated with rapid-setting patch material to restore traffic by morning. Each core will be sectioned into two depth intervals (0– – -accredited laboratory for ASTM C1152 acid-soluble chloride testing. A California-licensed professional engineer will analyze the chloride-versus-depth data and prepare a signed memorandum projecting remaining time to corrosion initiation and recommending appropriate preservation measures.

For the 17th Street bridge, a structure flagged for more advanced distress, Optime will first complete a 100% delamination sounding and ground -penetrating-radar survey to delineate subsurface delamination and thickness variations across the -inch cores (about one per 1,650 ft) will then be extracted, rapidly patched, and forwarded to the laboratory. All cores will be tested for chloride content in two discrete depth increments, and four strategically selected samples (two from a highly distressed zone and two from a sound zone) will undergo detailed petrographic examination in accordance with ASTM C856 to assess micro -cracking, aggregate quality, and air -void parameters. Findings from the nondestructive survey and laboratory analyses will be integrated into a PE -sealed report that includes a georeferenced deck-condition map and a decision matrix comparing methacrylate sealing, thin overlay, or partial -depth repair as the most cost-effective rehabilitation strategy.

The Dokken Team will plan and implement traffic control measures necessary to safely perform field investigations, including coordination with appropriate agencies for lane closures, encroachment permit requirements, and preparation of traffic handling strategies consistent with MUTCD and local standards. Traffic control efforts will be tailored to minimize disruption to the traveling public while maintaining safe working conditions for field personnel.

Task 1.5.2 Deliverables:Two (2) digital Bridge Deck Chloride Test Reports EXHIBIT 5
Scope of Services
Bridge Preventative Maintenance Program
RFP No. 25-081A
PAGE 5
TASK 1.5.3 PHOTO DOCUMENTED BRIDGE ASSESSMENT
There may be additional distress or damage discovered outside of those identified in the Bridge Inspection Reports. Work activities to repair, or to prevent damage from perpetuating further in the future, may be recommended and qualify to include in the project work activities.

For the eight bridges identified in the BPMP plan, Dokken will take photos to document locations where there is existing damage, or where future damage can be mitigated. Dokken will prepare comprehensive photo-documented memorandum with itemized cost estimates detailing recommended bridge preventive maintenance work for each bridge. Dokken will assist the City to submit Local Assistance Program Guidelines (LAPG) Forms 6A and 6D to request the anticipated funding to accommodate the additional work.

Task 1.5.3 Deliverables: One (1) digital Bridge Assessment Memorandum TASK 1.6 SURVEY
Based on the BPMP plan and bridge inspection reports, the identified work recommendations are limited to structure maintenance activities. Available parcel data indicates work is to be performed within City, Orange County Flood Control District, County, or Caltrans Right-of-Way; therefore no boundary surveys for temporary construction easements are anticipated.

TASK 1.7 WATER QUALITY
Based on the BPMP plan, the work activities identified are limited to structure maintenance. There are no anticipated changes to either the structure, channel, or impervious areas within the project footprint to warrant hydrology or hydraulics analysis.

Dokken will assist the City to complete the internal WQMP/SWPP determination form to determine that the project does not trigger LID or WQMP requirements. Dokken will identify best management practices for implementation in project plans and specifications.

TASK 1.8 PUBLIC OUTREACH
Dokken will assist the City in preparing for and attending a public meeting at the outset of final design to provide a project update to the public and interested stakeholders. Notices would be prepared and sent to all stakeholders and exhibits would be developed to facilitate discussion regarding project details.

TASK 1.9 UTILITY COORDINATION
Based on the work being performed, utility relocations are not expected. It is anticipated that Relocation Claim Letter to Owners (Letter #2) and liability determination will not be necessary.

Utility Base Mapping
Dokken will prepare a letter request for as-builts and facility mapping form each of the utility companies, for the City’s review and approval. Dokken will perform a field review of the project site to ascertain existing conditions compared to the as-built drawings. Using available record drawings, information from the field reconnaissance and utility mark outs, Dokken will prepare a utility base map in CAD format identifying the existing utilities. Utilities will be shown on the project plans where applicable.

Utility Impact Identification and No Conflicts Letter
Dokken Engineering will review the project improvements against the existing utility base mapping and identify potential utility impacts. Dokken will develop an inventory of potential utility impacts, confirm utility rights with City records, and prepare Utility Notice to Owners – No Conflict (Letter #3) for distribution to pertinent utility companies, if needed.

Task 1.9 Deliverables: Utility Mapping Requests (Letter #1); Existing Utility Base Map; Utility Notice to Owners – No Conflict (Letter #3)
TASK 1.10 30% PLANS SPECIFICATIONS AND ESTIMATE (PS&E)
Dokken Engineering will develop schematic plans, which shall include civil design, structural design, draft technical specifications outline and “opinion of estimated cost”. Work activities will include those verified on the provided BPMP Plan List, as well as any additional recommended activities from the project research as agreed upon with the City. The PS&E package assumes the eight bridges will be included in a single delivery. For the two bridges receiving deck testing (BR# 55C0055 - Main Street at Santiago Creek Channel and BR# 55C0423 - 17 th Street at Santa Ana River Channel), it is assumed
that results of testing leads to work recommendations of methacrylate treatment. The 30% phase will incorporate recommendations from Project Research to define work activities and project limits. The plans will be prepared based off existing records and as-builts. Any additional work that is not part of the current project scope and the City wishes to include into the project will be discussed during this stage of the project. 30% Plans and Opinion of Probable Cost
EXHIBIT 5
Scope of Services
Bridge Preventative Maintenance Program
RFP No. 25-081A
PAGE 6
Obtain and review all relevant as-built plans and the most recent Caltrans bridge inspection reports to create the preliminary plans of the bridge repairs. Quantities and cost estimates will be prepared for all structures.

Task 1.10 Deliverables: One (1) digital copy of Plans; One (1) digital copy of Opinion of Probable Cost; One (1) digital copy of Draft Technical Specifications Outline
TASK 2 CONSTRUCTION DOCUMENTS (60%, 90%, and 100% PS&E) Dokken will integrate Cost Estimates, utility mapping, encroachment permits, and easements as applicable. Dokken will coordinate submittals with the City, Caltrans, and any other stakeholder Agency. Burne Engineering will support and perform a portion the bridge preventive maintenance work tasked herein. The Dokken Team will provide bridge preventive maintenance work, traffic handling, signing/striping and coordination. Plan and specification submittals shall be provided in digital format to the City. Hard copy plan sets may be provided upon request. Digital files shall be in Portable Document Format (PDF) and AutoCAD 2023 format. Technical Specifications will be prepared using the Caltrans Standard Specifications and Standard Special Provisions (latest versions) as a basis, modified for FHWA requirements and submitted along with plans at 60%, 90% and 100%.

The PS&E package assumes the eight bridges will be included in a single delivery. For the two bridges receiving deck testing (BR# 55C0055 - Main Street at Santiago Creek Channel and BR# 55C0423 - 17 th Street at Santa Ana River Channel), it is assumed that results of testing leads to work recommendations of methacrylate treatment.

A formal Quality Control (QC) review will be performed by Dokken and Burne Engineering at each submittal phase. The review will address construction drawings, technical specifications, cost estimates, and overall constructability of the project.

Traffic, Signing and Striping
Dokken will not design permanent striping, pavement markings, or signing plans. It is assumed that as-builts, or plans provided by the City, will be utilized and referenced to restripe to the existing configuration.

A Caltrans Encroachment Permit will be obtained for BR# 55C-0055, where signing and signing or traffic handling encroaches into Caltrans Right-of-Way. Dokken will design traffic control plans for this bridge only and assumes the contractor will be responsible for traffic control plans for the other bridges.

Task 2.1 60% Design - Plans, Specifications, and Estimate (PS&E) Upon approval of 30% PS&E by the City and Caltrans and upon receiving environmental clearance (both NEPA and CEQA), The Dokken team will prepare and submit the draft 60% plans, specifications, and estimate to the City. 60% Plans
Upon approval of the work limits defined in the 30% project phase, work will begin on the 60% plans. The plans will incorporate any comments received from the City from the 30% submittal review and will incorporate all construction details including signing/striping and traffic handling necessary to complete BPMP work. The plans will show utilities based on research and utility mapping. A full set of plans will be prepared with consideration for constructability and public safety.

Although not anticipated, if any ancillary structures design is needed, it shall be in accordance with AASHTO LRFD Bridge Design Specifications (Eighth Edition) with California Amendments current at time of bridge design, Caltrans Bridge Design Details Manual, Caltrans Bridge Design Aids, Caltrans Bridge Memos to Designers, Structure Technical Policies, and Bridge Design Memos, Caltrans Seismic Design Criteria (SDC), Caltrans Standard Plans and Specifications (latest version), and City CAD Standards. The bridge design work will be performed in English units of measure. 60% Opinion of Probable Cost
The Dokken Team will provide cost estimates at the 60% PS&E design submittal. Detailed quantities will be prepared in accordance with Caltrans Standard Specifications (latest version) and payment items. The engineer’s estimate of probable construction cost (“Marginal Estimate”) for the project will be prepared using the most recent and relevant Caltrans Cost Data, Consultants cost data, as well as the City’s cost data. 60% Contract Specifications and Special Provisions
The Dokken Team will prepare the contract Technical Provisions for the project based in general on Caltrans Standard Special Provisions (latest version) as a basis and modified for FHWA requirements, Caltrans Standard Specifications (latest version), and City construction contract standards.

Task 2.1 Deliverables: One (1) digital copy of Plans and Specifications; One (1) digital copy of Opinion of Probable Cost; Two (2) Caltrans Encroachment Permit applications; One (1) digital copy of QC comments and comment responses of the submitted PS&E Package.

Task 2.2 90% Design - Plans, Specifications, and Estimate (PS&E) EXHIBIT 5
Scope of Services
Bridge Preventative Maintenance Program
RFP No. 25-081A
PAGE 7
At the 90% level, a thorough review of the plans, work limits, details and specifications is performed for clarity, capacity, City standards, and constructability issues. When the review is complete, the designers will address all comments from the internal and City reviews of the PS&E package. After plan corrections, the designer will review the corrected details to ensure all comments have been addressed.

The Dokken Team will proceed with the preparation of the 90% submittal. Plan sheets included in the 60% submittal will receive additional annotation, descriptions, and notes identified per the City’s review and the independent check. The submittal will include written responses to all comments received on the prior submittal.

Task 2.2 Deliverables: One (1) digital copy of Plans and Specifications; One (1) digital copy of Opinion of Probable Cost; Two (2) Final Caltrans Encroachment Permit applications; One (1) digital copy of QC comments and comment responses of the submitted PS&E Package.

Task 2.3 100% Design - Plans, Specifications, and Estimate (PS&E) At the 100% level, the QC focus will be to confirm prior review comments have been adequately addressed and review any new information added since the 90% submittal. A mark-up of the plans, special provisions and item list will be provided to the Project Manager.

After review comments are received from the 90% Bridge PS&E, The Dokken Team will revise the plans and coordinate the necessary changes to the specifications and estimate. Written responses to the City and Caltrans comments will be prepared and provided with the 100% submittal.

Task 2.3 Deliverables: One (1) digital copy of Plan and specifications; one (1) digital set of 100% Bidding Documents; one (1) digital copy of Opinion of Probable Cost; One (1) digital copy of Design Calculations if applicable; One (1) digital copy of QC comments and comment responses of the submitted PS&E Package.

TASK 3 BID ADVERTISEMENT, CONSTRUCTION ADMINISTRATION, RECORD DRAWINGS Task 3.1 Bid Advertisement
Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by Dokken for decision by the City. Dokken shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Dokken shall attend pre-bid meeting, if scheduled.

Task 3.2 Construction Administration
Dokken shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Consultant shall review and approve all submittals and shop plan drawings required to support the construction contract. Dokken shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. Dokken shall be available as requested by the City to resolve discrepancies in the contract documents. Dokken shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which Dokken may observe. Dokken shall have no authority to issue instruction on behalf of the City, or to deputize another to do so.

Task 3.3 Record Drawings/As-Builts
Upon construction completion, the City will submit field-marked prints to Dokken. Dokken shall incorporate all changes to the plans electronically with all necessary revision notations, signature, and submit to the City.

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110 Blue Ravine R d, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 Page of 3
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EXHIBT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

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 $2,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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 for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
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Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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.

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