HomeMy WebLinkAboutTOWILL, INC. (2)INSURANCE ON FILE
WORK MAY PROCEED
UNTIj�1�jUR NCEEXPIRES
CITY CLERK }
DATE:
A-2023-071-03
AGREEMENT WITH TOWN L, INC, TO PROVIDE
0: Pvift ON -CALL PROFESSIONAL LAND SURVEYING SERVICES
THIS AGREEMENT is made and entered into this 2nd day of May, 2023 by and between, Towill,
hie., 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 October 2, 2019 the City issued a Request for Proposal ("RFP") No. 19-090, by which
it desired to retain a consultant having special skill and knowledge in the field of
Professional Land Surveying services on an "on -call" basis for the City's Public Works
Agency.
B. Consultant submitted a responsive proposal that was among those selected by the city.
Consultant represents that it is able and willing to provide such services described in the
scope of work that was included in the RFP No. 19-090.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
During the term of this Agreement, Consultant shall perform all tasks, services, and
obligations described in the scope of work section included within RFP No. 19-090, including
providing all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in the "Scope of Services", which
was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference
as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost
proposal and resumes), which is attached hereto and fully incorporated herein by this reference as
Exhibit B.
2. ALLOWABLE COSTS AND PAYMENTS
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Consultant's
Fee and Cost Proposal, which is attached hereto and fully incorporated herein by
this reference as Exhibit C. Consultant is one of three (3) separate consultants
selected to provide services on an on -call basis under RFP 19-090. The total
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compensation for services provided by all consultants selected under RFP 19-090
shall not exceed the shared aggregate amount of $950,000.00 during the term of
this Agreement, including any extension periods as set forth in Section 4, below.
b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein
as Exhibit C. The specified hourly rates shall include direct salary costs, employee
benefits, overhead, and fees. These rates are not adjustable for the performance
period set forth in this Agreement. In addition, Consultant will be reimbursed for
incurred (actual) direct costs other than salary costs that are in the fee and cost
proposal and identifed in the fee and cost proposal, and in the executed Task Order.
C. Specific projects will be assigned to Consultant through issuance of Task Orders.
After a project to be performed under this Agreement is identified by City, City will
prepare a draft Task Order less the cost estimate. A draft Task Order will identify
the scope of services, expected results, project deliverables, period of performance,
project schedule and will designate a City Project Coordinator. The draft Task
Order will be delivered to Consultant for review. Consultant shall return the draft
Task Order within ten (10) calendar days along with a Cost Estimate, including a
written estimate of the number of hours and hourly rates per staff person, any
anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.
After agreement has been reached on the negotiable items and total cost, the
finalized Task Order shall be signed by both City and Consultant.
d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific
rates of compensation, both of which must be based on the labor and other rates set
forth in Consultant's Cost Proposal.
e. Reimbursement for transportation and subsistence costs shall not exceed the rates
as specified in the approved Cost Proposal.
When milestone cost estimates are included in the approved Cost Proposal,
Consultant shall obtain prior written approval for a revised milestone cost estimate
from City before exceeding such estimate.
g. Progress payments for each Task Order will be made monthly in arrears based on
services provided and actual costs incurred.
h. Consultant shall not commence performance of work or services until this
Agreement has been approved by City, and notification to proceed has been issued
by City. No payment will be made prior to approval or for any work performed
prior to approval of this Agreement.
A Task Order is of no force or effect until returned to City and signed by an
authorized representative of City. No expenditures are authorized on a project, and
work shall not commence until a Task Order for that project has been executed by
City.
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j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon
receipt by City of itemized invoices in triplicate. Separate invoices itemizing all
costs are required for all work performed under each Task Order. Invoices shall be
submitted no later than 45 calendar days after the performance of work for which
Consultant is billing, or upon completion of the Task Order. Invoices shall detail
the work performed on each milestone, on each project as applicable. Invoices shall
follow the format stipulated for the approved Cost Proposal and shall reference this
Agreement number, project title, and Task Order number. Credits due to City that
include any equipment purchased under the Equipment Purchase provision of this
Agreement must be reimbursed by Consultant prior to the expiration or termination
of this Agreement. Invoices shall be mailed to City at the following address: City
of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988,
Santa Ana, CA 92702.
k. The period of performance for Task Orders shall be in accordance with dates
specified in the Task Order. No Task Order will be written which extends beyond
the expiration date of this Agreement.
The total amount payable by City for an individual Task Order shall not exceed the
amount agreed to in the Task Order, unless authorized by contract amendment.
in. If the Consultant fails to satisfactorily complete a deliverable according to the
schedule set forth in a Task Order, no payment will be made until the deliverable
has been satisfactorily completed.
n. Task Orders may not be used to amend this Agreement and may not exceed the
scope of work under this Agreement.
o. The total amount payable by City for all Task Orders resulting from this Agreement
shall not exceed an aggregate amount of $950,000.00. It is understood and agreed
that there is no guarantee, either expressed or implied, that this dollar amount will
be authorized under this Agreement through Task Orders.
P. Consultant shall submit progress reports on each specific project in accordance with
the Task Order. These reports shall be submitted at least once a month. The report
should be sufficiently detailed for the City's Project Manager to determine, if
Consultant is performing to expectations, or is on schedule; to provide
communication of interim findings, and to sufficiently address any difficulties or
special problems encountered, so remedies can be developed.
q. Consultant's Project Manager shall meet with City's Project Manager, as needed,
to discuss progress on the project(s).
r. This Agreement is valid and enforceable only if sufficient funds are made available
to the City for the purpose of this Agreement. In addition, this Agreement is subject
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to any additional restrictions, limitations, conditions, or any statute enacted by
Congress, the State Legislature, or the City that may affect the provisions, terms or
funding of this Agreement in any manner.
3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part
31, Contract Cost Principals and Procedures, shall be used to determine the
allowability of individual terms of cost. et seq., shall be used to determine the cost
allowrbiiity of individual items.
b. Consultant agrees to comply with federal procedures in accordance with 2 CFR,
Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to City.
4. PERFORMANCE PERIOD
a. This Agreement shall go into effect on May 2, 2023, contingent upon approval by
City, and Consultant shall commence work after notification to proceed by City.
This Agreement shall end on May 1, 2026, unless terminated earlier in accordance
with Section 21, below. The term of this Agreement maybe extended for up to two
(2), one-year periods upon a writing executed by the City Manager and City
Attorney.
b. Consultant is advised that any recommendation for contract award is not binding
on City until the Agreement is fully executed and approved by City.
The period of performance for each specific project shall be in accordance with the
Task Order for that project. If work on a Task Order is in progress on the expiration
date of this Agreement, the terms of the Agreement shall be extended by
amendment.
5. STATE PREVAILING WAGE RATES
a. If applicable, Consultant shall comply with the State of California's General
Prevailing Wage Rate requirements in accordance with California Labor Code,
Section 1770, and all Federal, State, and local laws and ordinances applicable to the
work.
b. Any subcontract entered into as a result of this Agreement, if for more than $25,000
for public works construction or more than $15,000 for the alteration, demolition,
repair, or maintenance of public works, shall contain all of the provisions of this
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Section, unless the awarding agency has an approved labor compliance program by
the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work,
transportation and subsistence costs shall be reimbursed at the minimum rates set
by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be
responsible for any future adjustments to prevailing wage rates including, but not
limited to, base hourly rates and employer payments as determined by the
Department of Industrial Relations, Consultant is responsible for paying the
appropriate rate, including escalations that take place during the term of the
Agreement.
d. When prevailing rates apply, the Consultant is responsible for verifying compliance
with certified payroll requirements. Invoice payment will not be made until the
invoice is approved by City.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
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 subconsultants to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subconsultant 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.
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8. MINIMUM INSURANCE REQUIREMENTS
a. Consultant shall not commence work for the City until it has provided evidence
satisfactory to the City it has secured all insurance required under this Section. In
addition, Consultant shall not allow any subconsultant to commence work on any
subcontract until it has secured all insurance required under this Section.
b. Insurance coverage shall be at least as broad as:
�ij Commercial General Liability (CGL): Insurance Services Office Form CG 00
O1 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $1,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for
bodily injury and property damage.
(iii) Workers' Compensation insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the
Consultant's profession, with limit no less than $1,000,000 per occurrence or
claim, $2,000,000 aggregate.
(v) If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above, the Entity requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the Entity.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
(i) Additional Insured Status. The Entity, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Consultant including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Consultant's insurance (at least
as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33,
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or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage. For any claims related to this contract, the Consultant's
insurance coverage shall be primary insurance primary coverage at least as
broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the
Entity, its officers, officials, employees, or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
Notice of Cancellation. Each insurance policy required above shall state
that coverage shall not be canceled, except with notice to the Entity.
(iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any
right to subrogation which any insurer of said Consultant may acquire against
the Entity by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect
this waiver of subrogation, but this provision applies regardless of whether or
not the Entity has received a waiver of subrogation endorsement from the
insurer.
(v) Self -Insured Retentions. Self -insured retentions must be declared to and
approved by the Entity. The Entity may require the Consultant to purchase
coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense expenses within the
retention. The policy language shall provide, or be endorsed to provide, that
the self -insured retention may be satisfied by either the named insured or
Entity.
(vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized
to conduct business in the state with a current A.M. Best's rating of no less
than A: VII, unless otherwise acceptable to the Entity.
(vii) Claims Made Policies. If any of the required policies provide coverage
on a claims -made basis:
i. The Retroactive Date must be shown and must be before the date of
the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
iii. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
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(viii) Verification of Coverage. Consultant shall furnish the Entity with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL
policy listing all policy endorsements to Entity before work begins.
However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant's obligation to provide them. The
Entity reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications,
at any time.
(ix) Subcontractors. Consultant shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Consultant
shall ensure that Entity is an additional insured on insurance required from
subcontractors.
(x) Special Risks or Circumstances. Entity reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
9. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its subconsultants, agents, employees, or other persons
acting on their 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 ternis 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 2792.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
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10. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
11. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and
other matters connected with the performance of this Agreement, pursuant to Government Code
8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the performance
of the Agreement, including but not limited to, the costs of administering the Agreement. All
parties shall make such materials available at their respective offices at all reasonable times during
the Agreement period and for three years from the date of final payment under the Agreement. The
state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government
shall have access to any books, records, and documents of Consultant and its certified public
accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit,
examinations, workpaper review, excerpts, and transactions, and copies thereof shall be famished
if requested.
12. AUDIT REVIEW PROCEDURES
a. Any dispute concerning a question of fact arising under an interim or post audit of
this Agreement that is not disposed of by mutual agreement shall be reviewed by
the City.
b. Not later than 30 days after issuance of the final audit report, Consultant may
request a review by the City of unresolved audit issues. The request for review will
be submitted in writing, submitted to the project manager of RFP.
C. Neither the pendency of a dispute nor its consideration by City will excuse
Consultant from fall and timely performance in accordance with the terms of this
Agreement.
13. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
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information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
14. CONFLICT OF INTEREST
a. Consultant shall disclose any financial, business, or other relationship with City that
may have an impact upon the outcome of this Agreement, or any ensuing City
construction project. Consultant shall also list current clients who may have a
financial interest in the outcome of this Agreement, or any ensuing City
construction project that will follow.
b. Consultant hereby certifies that it does not now have, nor shall it acquire any
financial or business interest that would conflict with the performance of services
under this Agreement.
C. Consultant agrees to complete any statements of economic interest if required by
either City ordinance or State law.
15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION
Consultant warrants that this Agreement was not obtained or secured through rebates
kickbacks or other unlawful consideration, either promised or paid to any City employee. For
breach or violation of this warranty, City shall have the right in its discretion; to terminate the
contract without liability; to pay only for the value of the work actually performed; or to deduct
from the contract price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
16. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Jennifer L. Hall
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
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Fax 714-647-6956
Executive Director
Public Works Agency City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
To Consultant: Towill, Inc.
Attn: Marvin E. Miller, Regional Director
500 S. Main Street, Suite 540
Orange, CA 92868
(949) 261-1900
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
timeframes, weekends, federal, state, County or City holidays shall be excluded.
17. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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 are not embodied herein.
18. SUBCONTRACTING
a. Nothing contained in this Agreement or otherwise, shall create any contractual
relation between City and any subconsultant(s), and no subcontract shall relieve
Consultant of its responsibilities and obligations hereunder. Consultant agrees to
be as fully responsible to City for the acts and omissions of its subconsultant(s) and
of persons either directly or indirectly employed by any of them as it is for the acts
and omissions of persons directly employed by Consultant. Consultant's obligation
to pay its subconsultant(s) is an independent obligation from City's obligation to
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make payments to the Consultant.
b. Consultant shall perform the work contemplated with resources available within its
own organization and no portion of the work pertinent to this Agreement shall be
subcontracted without written authorization by City, except that which is expressly
identified in the approved Cost Proposal.
C. Consultant shall pay its subconsultants within fifteen (15) calendar days from
receipt of each payment made to Consultant by City.
d. All subcontracts entered into as a result of this Agreement shall contain all the
provisions stipulated in this Agreement to be applicable to subconsultants.
e. Any substitution of subconsultant(s) must be approved in writing by City prior to
the start of work by the subconsultant(s).
19. EQUIPMENT PURCHASE
a. Prior authorization in writing by City shall be required before Consultant enters
into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or consultant services. Consultant shall provide an evaluation of the
necessity or desirability of incurring such costs.
b. For purchase of any item, service or consulting work not covered in Consultant's
Cost Proposal and exceeding $5,000 prior authorization by City, three competitive
quotations must be submitted with the request, or the absence of bidding must be
adequately justified.
C. Any equipment purchased as a result of this Agreement is subject to the following
condition: "Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and
an acquisition cost of $5,000 or more. If the purchased equipment needs
replacement and is sold or traded in, City shall receive a proper refund or credit at
the conclusion of the Agreement, or if the Agreement is terminated, Consultant may
either keep the equipment and credit City in an amount equal to its fair market
value, or sell such equipment at the best price obtainable at a public or private sale,
in accordance with established City procedures and credit City in an amount equal
to the sales price. If Consultant elects to keep the equipment, fair market value shall
be determined at Consultant's expense, based on a competent independent appraisal
of such equipment. Appraisals shall be obtained from an appraiser mutually
agreeable to by City and Consultant. If it is determined to sell the equipment, the
terms and conditions of such sale must be approved in advance by City." 2 CFR,
Part 200 requires a credit to Federal funds when participating equipment with a fair
market value greater than $5,000 is credited to the project.
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20. 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.
21. TERMINATION
a. City reserves the right to terminate this Agreement upon thirty (30) calendar days
written notice to Consultant with the reasons for termination stated in the notice.
Upon termination, City shall be entitled to all work including but not limited to,
reports, investigations, appraisals, inventories, studies, analyses, drawings and data
estimates performed to that date, whether completed or not.
b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved
of liability to City for damages sustained by the City by virtue of any breach of this
Agreement by Consultant, and City may withhold any payments due to Consultant
until such time as the exact amount of damages, if any, due City from Consultant
is determined.
22. 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.
23. 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.
24. STATEMENT OF COMPLIANCE
a. Consultant's signature affixed herein, and dated, shall constitute a certification
under penalty of perjury under the laws of the State of California that Consultant
has, unless exempt, complied with, the nondiscrimination program requirements of
Government Code Section 12990 and Title 2, California Administrative Code,
Section 11102.
Page 13 of 19
b. During the performance of this Agreement, Consultant and its subconsultants shall
not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, gender, gender
identity, gender expression, sexual orientation, military or veteran status, and denial
of family care leave. Consultant and subconsultants shall insure that the evaluation
and treatment of their employees and applicants for employment are free from such
discrimination and harassment.
C. Consultant and subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,
are incorporated into this Agreement by reference and made a part hereof as if set
forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
d. The Consultant shall comply with regulations relative to Title VI
(nondiscrimination in federally assisted programs of the Department of
Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of
Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of
federal assistance will implement and maintain a policy of nondiscrimination in
which no person in the state of California shall, on the basis of race, color, national
origin, religion, sex, age, disability, be excluded from participation in, denied the
benefits of or subject to discrimination under any program or activity by the
recipients of federal assistance or their assignees and successors in interest.
C. The Consultant, with regard to the work performed by it during the Agreement shall
act in accordance with Title VI. Specifically, the Consultant shall not discriminate
on the basis of race, color, national origin, religion, sex, age, or disability in the
selection and retention of subconsultants, including procurement of materials and
leases of equipment. The Consultant shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S
Regulations, including employment practices when the Agreement covers a
program whose goal is employment.
Consultant, subrecipient or subconsultant will never exclude any person from
participation in, deny any person the benefits of, or otherwise discriminate against
anyone in connection with the award and performance of any contract covered by
40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national
origin. In administering the City components of the Disadvantaged Business
Page 14 of 19
Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will
not, directly, or through contractual or other arrangements, use criteria or methods
of administration that have the effect of defeating or substantially impairing
accomplishment of the objectives of the DBE Program Plan with respect to
individuals of a particular race, color, sex, or national origin.
g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Agreement, Consultant shall
carryout applicable requirements of 49 CFR 26 in the award and administration of
federal -aid contracts.
Failure by Consultant to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy, which the City deems appropriate, which may include, but is not limited
to:
1) Withholding monthly progress payment if applicable;
2) Assessing sanctions;
3) Liquidating damages; and/or
4) Disqualifying consultant from future proposing as non -responsible.
h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the
specific DBEs listed to perform the work and supply the materials for which each
is listed unless Consultant or DBE subconsultant obtains the City's written consent.
Consultant shall not terminate or substitute a listed DBE for convenience and
perform work with their own forces or obtain materials from other sources without
authorization from City. Unless the City's consent is provided, the Consultant shall
not be entitled to any payment for work or material unless it is performed or
supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE
Commitment form, included in the Bid.
Consultant shall notify City's designated representative of any changes to its
anticipated DBE participation before starting the affected work. Consultant shall
notify City of any notices of decertification or certification regarding a
subconsultant's DBE status.
Consultant shall provide all required DBE forms to the City as required pursuant to
applicable law.
k. All certifications required for the Bid are attached hereto as part of Exhibit B to the
Agreement.
In all solicitations either by competitive bidding or negotiation made by Consultant
for work to be performed under a Sub- agreement, including procurements of
materials or leases of equipment, each potential sub -applicant or supplier shall be
notified by Consultant of the Consultant's obligations under this Agreement and
Page 15 of 19
the Regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
M. Consultant shall provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by
the recipient or FHWA to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of Consultant is in the
exclusive possession of another who fails or refuses to furnish this information,
Consultant shall so certify to the recipient or FHWA as appropriate, and shall set
forth what efforts Consultant has made to obtain the information.
n. In the event of Consultant's noncompliance with the nondiscrimination provisions
of this agreement, the recipient shall impose such agreement sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
i. Withholding of payments to Consultant under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
ii. Cancellation, termination or suspension of the Agreement, in whole or in
part.
o. Consultant shall include the provisions of paragraphs a. through p. in every
sub -agreement, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto.
Consultant shall take such action with respect to any sub -agreement or
procurement as the recipient or FHWA may direct as a means of enforcing such
provisions including sanctions for noncompliance, provided, however, that, in the
event Consultant becomes involved in, or is threatened with, litigation with a
sub -applicant or supplier as a result of such direction, Consultant may request
the recipient enter into such litigation to protect the interests of the State, and, in
addition, Consultant may request the United States to enter into such litigation
to protect the interests of the United States.
P. During the performance of this contract, the Consultant, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Consultant") agrees to comply
with the following nondiscrimination statutes and authorities, including, but not
limited to the following Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), prohibits discrimination on the basis of race, color, national origin); and 49
CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced
or whose property has been acquired because of Federal or Federal -aid programs
and projects);
Page 16 of 19
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits
discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color, national
origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the
scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,
by expanding the definition of the terms "programs or activities" to include all of
the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination of the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of
Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49
U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national
origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low -Income Populations, which ensures
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of Limited English Proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at
74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, whichprohibits
you from discriminating because of sex in education programs or activities (20
U.S.C.1681 et seq).
25. DEBARMENT AND SUSPENSION CERTIFICATION
a. Consultant's signature affixed herein, shall constitute a certification under penalty
of perjury under the laws of the State of California, that Consultant has complied
with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide
Debarment and Suspension (nonprocurement)", which certifies that he/she or any
person associated therewith in the capacity of owner, partner, director, officer, or
manager, is not currently under suspension, debarment, voluntary exclusion, or
Page 17 of 19
determination of ineligibility by any federal agency; has not been suspended,
debarred, voluntarily excluded, or determined ineligible by any federal agency
within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official misconduct
within the past three (3) years. Any exceptions to this certification must be
disclosed to City.
b. Exceptions to the Federal Government Excluded Parties List System maintained by
the General Services Administration are to be determined by the Federal Highway
Administration.
26. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
[signatures on following page)
Page 18 of 19
IN WMS ESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
4'frk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attomey
tirlon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
N4 �yri h s.
Nabil Saba
Executive Director,
Public Works Agency
CITY OF S1A,NTA ANA
Kristine Ridge
City Manager
TOWILL, INC.
By: Marvin E. Miller
Title: Regional Director
Page 19 of 19
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PROFESSIONAL LAND SURVEYING SERVICES
RFP NO.: 19-090
Introduction and Background:
The City of Santa Ana intends to retain Professional Land Surveyors, licensed in the State of
California, to perform land surveying services on an as -needed or "on -call" basis, or project basis
for Capital Improvement Program (CIP) projects, and/or for projects under construction. Specific
services shall be on -call and shall include all duties typically expected of a Professional Land
Surveyor or surveying firm.
A Professional Services Agreement will be entered into with several of the qualified
firms/consultant(s) to provide Professional Land Surveying services for a variety of projects on
an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide
professional services on specific, project -by -project basis, based on an agreed -upon specific scope
of services and fees.
In general, work consists of general Land Professional Surveying services for Public Works
Projects and or related to City facilities. The funding sources for each project may vary for each
project/task order assignment shall comply with the funding agency's requirements. The
consultant shall be able to assist the City through this contract to provide the necessary services.
The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to
meet the City standards. For specialized work for which the prime consultant shall require a
sub -consultant, the prime consultant shall serve as an administrative liaison between the
City and the sub -consultant.
Prime consultant mark-ups for sub -consultant work will not be allowed.
All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be
subject to the final approval and satisfaction of the City of Santa Ana.
Scope of Services
On as needed basis, the selected firm/s shall provide the City with the following services as
described herein. A California -licensed land surveyor shall be in responsible charge of all survey
work performed under this agreement.
City of Santa Ana RFP 19-090
Page Al-1
The consulting firm/s selected for these services shall demonstrate the ability and experience in
the following types or work and not limited to:
A. Prepare legal descriptions, plats and maps for subdividing property
B. Research existing County and City records for survey monuments within the project area.
Prior to any clearing, removal, or excavation efforts, perform a diligent search for property
line monuments, street centerline monuments, and benchmarks within the project area,
recording their identities and precise locations in reference to monuments or witness
monuments that will not be disturbed during construction. The records of these
monuments and references shall conform to Section 8771 of the Business and Professions
Code of the State of California. After completion of the construction, any monument
disturbed or removed during construction shall be reset, conforming to Section 8771. Each
centerline intersection shall be drawn on a single Corner Record showing local tie points
and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the
City.
C. Perform boundary line adjustments
D. Perform monument perpetuation/preservation in areas that will be impacted by City
projects
o Includes site investigation for existing monumentation, with a report provided to
the City with recommendations.
o May include pre- and post -construction records
E. Replace lost or obliterated property corners
F. Set boundary markers or property corners, also known as monuments
G. Retrace boundaries for fences and other purposes
H. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary
of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries
I. Prepare legal descriptions and information shown with the description of any deed or other
title document
J. Prepare Record of Surveys
May Checking Services
A. Information furnished by the City for checking will be roughly as follows: 1 set of
Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse
closures, and improvement plans.
B. Prepare maps or plats
C. Review Exhibits for technical correctness and completeness, consistency with the City
guidelines and requirements, compliance with the Subdivision Map Act, and acceptance
for recording.
D. Review title report and existing easements for correct plotting and references.
E. Review improvement plans associated with the project to ensure the Exhibits correctly
identify the limits and location as shown on the improvement plans.
F. Provide a set of redline check prints showing the redlined comments, and required
City of Santa Ana RF
Page Al -2
corrections and information.
G. Provide a check letter covering the major required comments, and corrections and
instruction for future submittals.
H. Provide a timesheet at the end of every review to include, but is not limited to, project
name, review number, dates, review hours, hourly rate, and total cost.
I. Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps
Construction Services
A. Stake the location of fixed engineering works for construction purposes. Provide
construction staking for project improvements. Records of the line and grade stakes (cut
sheets) shall be on forms provided by the City, and the originals shall become the property
of the City upon completion of each survey request. The City will provide digital
construction plans and specifications for each project.
B. Set line and grade stakes in accordance with the plans and specifications. Notify the City
immediately of any discrepancies or design errors discovered on the plans during staking
or when verifying the line and grade of existing improvements at join points.
C. Complete the construction staking within the time frame as specified on the Survey
Request Form, or (given minimum notice) commence the staking no longer than two
working days from receipt of the request, providing continuous service until the request is
complete.
D. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to
complete the specified surveys. The costs for these items shall be included in the hourly
or lump sum costs and no additional compensation will be allowed therefor.
Miscellaneous Services
A. Investigate boundary discrepancies
B. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the
fixed works embraced within the practice of civil engineering
C. Determine contours of the earth's surface for topographic maps
D. Photogrammetric surveying or aerial topographic mapping or aerial photography
E. Provide Professional Land Surveying services as requested. A detailed scope of work will
be outlined when specific project is assigned to the consultant. Services shall include, but
are not limited to, cross -sections, intersection grids, centerline determination, digital
terrain models (dtm), right of way determination, utility profiles and exhibits.
F. Generate a computer drawing in Microstation V8 format as well as the sample survey
City of Santa Ana RFP 19-090
Page Al-3
drawing on the City of Santa Ana website listed in item K below.
G. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the
following standards:
H. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a
minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch
Adjustment control points. Project coordinate values shall be provided in U.S. Survey
Feet. The County control points shall determine the Basis of Bearing for the project.
I. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88),
tied to a minimum of two proximate County of Orange bench marks. Project elevations
shall be provided in U.S. Survey Feet.
Horizontal alignment(s) for the project shall be tied to the survey centerline monuments
within the project area.
K. With the coordinate values, a full location and detailed description, including point
character with reference(s), shall be provided for all found and set monuments for the
project. For this purpose, a sketch of the control network is required.
L. Copies of all survey field notes and raw data files shall be provided along with a listing of
the final coordinates for all surveyed points. The digital file format for the listing shall
be: point number, northing, easting, elevation, description (comma delineated with no
spaces, one point per line). The coordinate precision shall be one hundredth of a foot.
M. At any given time the City may need to mobilize survey crews to different project sites,
the consultant shall have a minimum of three (3) survey crews for mobilization.
N. All City CADD standards as well as Microstation configuration files are located at:
http://www.santa-ana.org/pwaiEngineeringServices.asp
Other Terms and Conditions:
1. The project will be implemented in compliance with the City of Santa Ana's policies, as well
as Prevailing Wages and State/Federal Requirements,
2. The City regards the inclusion of California based designs, engineering, and construction
professionals, facilities, and services as part of the Team to be highly desirable, but not
mandatory.
3. The City reserves the right to amend this Request for Proposal by addendum prior to the final
dates of submission.
4. All reports, proposals, or other data or materials which are submitted shall become the sole
property of the City of Santa Ana with the exception of the confidential Financial Capacity
information and sealed fee proposals which will be returned to all proposers after award of
PageAI-4
contract to the selected Team.
5. All products used or developed in the execution of any contract resulting from this request
will remain in the public domain at the completion of this project.
6. The City has an affirmative action program. The purpose of the affirmative action program
is to encourage certified minority business enterprises and women business enterprises. All
submitting firms must have established affirmative action programs approvable by the City.
During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination
by Contractors" for each firm on their team.
Special Requirements (Attachment 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall
therefore comply with all state and federal requirements. The below referenced forms included in
Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and
submitted with your proposal:
• LAPM Exhibit 10-H: Sample Cost Proposal
• LAPM Exhibit 10-01: Consultant Proposal DBE Commitment
• LAPM Exhibit 10-02: Consultant Contract DBE Commitment
• LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial
management System
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter
10, for further instructions and guidelines pertaining to the completion of these forms:
https://dot ca gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10 r)df
COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:
This agreement may be funded with state and/or federal grant funds administered by Caltrans.
Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to
Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2
for On -Call Contracts) in the Appendix of this RFP.
DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:
The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE
participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information
included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 —
Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's
DBE goal.
CONSULTANT AUDIT AND REVIEW PROCESS:
Prior to contract award and dependent on contract award amount, the selected Consultant shall be
subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit
organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K —
Consultant Annual Certification of Indirect Costs and Financial Management System for all
prime and sub -consultants in the Appendix of this RFP.
To independently download any of the Caltrans Exhibits required per this RFP, visit:
Page Al-5
EXHIBIT B
Q
ORIGINAL rr TOWILL
SURVEYING I MAPPING I GIS
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
Cover Letter
October 24, 2019
City of Santa Ana
Attn: Mr. Sean Thomas, PE
Public Works Agency; M-36
20 Civic Center Plaza; 3rd Floor Reception, Ross Annex
Santa Ana, CA 92701
RE: Request for Proposal No. 19-090
Professional Land Surveying Services
Dear Mr. Thomas
Towill, Inc. (Towill) is pleased to present our team's qualifications and proposal to provide as needed surveying
support to the City of Santa Ana (City) in response to your Request for Proposal (RFP). Since 1955, Towill has
provided highly specialized geomatics services to clients throughout California. We are proud of the work we
have accomplished and the relationships we have built along the way, and we are eager to establish a strong
working relationship with the City.
Who We Are
Towill is a surveying and mapping firm; this is our sole focus and has been for the past 64 years. This is
what we do, all we do, and we do it all in-house. We are not a division of a larger engineering company where
priorities and resources can shift. We do not have an internal client base (other engineers) that can provide us
with work when projects slow down. Since our clients can choose who they hire, we must strive for excellence
in all we do.
As a professional services firm and as individuals, our number one goal is to provide our clients with on time,
first time right project deliverables. Since we are solely focused on geomatics services, we attract and retain
a core group of passionate staff and focus our investments on new survey equipment and the latest software.
Towill's key personnel who will be assigned to this contract have on average 27 years of professional experi-
ence in field surveying, photogrammetric mapping, remote sensing, and GIS.
We take pride in designing cost-efficient technical approaches that continually meet or exceed our clients' re-
quirements for every project assignment. Our goal is never to just complete a survey/mapping design task, but
to provide valuable geospatial information that will be used by engineers and others to improve the places we
work and live. Whether it is for a small boundary survey or a large topographic base map, we understand that
we are an important and valuable part of the overall project.
Expert Project Management
Towill has assembled a versatile team with exceptional technical experience and professional qualifications,
and a commitment to responsiveness to meet your objectives. Leading the team as Project Manager will be
James Rios, PLS. James is a Professional Land Surveyor with 21 years of experience as a Project Manag-
er, Project Surveyor, and Party Chief. James has well-rounded experience with a heavy focus on projects for
Southern California public sector clients, including but not limited to the Cities of Irvine, Yucaipa, Chino, local
transportation agencies such as OCTA, RCTC, SBCTA, and the Port of Long Beach. Many of James' project
assignments have been completed according to Caltrans specifications with MicroStation V8 deliverables.
Submitted October 24, 2019 T TOWILL
SURVEYING I MAPPING I GIS
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services 0
Towill has enhanced our team with the addition of DBE/SBE firm Chaudhary & Associates, Inc. (Chaudhary) as
a subconsultant to provide added field survey capacity. Located in Long Beach, Chaudhary has been providing
quality construction surveying, design, and right of way services in Southern California for the past 43 years.
Towill has an excellent working relationship with Chaudhary and has utilized their expertise on several projects
throughout Southern California and the entire State of California.
Required Information
I, Marvin E. Miller, will have contractual responsibility with the City of Santa Ana during the period of proposal
evaluation and my contact information follows at the end of this Cover Letter. Towill will serve as the Prime
Consultant for the City of Santa Ana and Chaudhary will work as a DBE subconsultant to Towill. I am autho-
rized to make legally binding commitments for Towill.
Contract Agreement Statement
Towill agrees to any and all provisions as contained in the Agreement in the RFP.
In closing, I am pleased to present you with a uniquely qualified team that has the support, when and if need-
ed, of Towill's entire corporate resources. I trust that the following proposal is sufficient in detail for your eval-
uation. However, should you have any questions or require additional information, please do not hesitate to
contact me by phone at (949) 261-1900 or via email at marvin.miller@towill.com. Thank you in advance for
your consideration of Towill, Inc. We look forward to the opportunity to be of service to the City of Santa Ana on
this contract.
Sincerely,
TOWILL, INC.
MM4'� �' J��
Marvin E. Miller, MBA, RPP, PLS, CP, PPS, SP
Regional Director
TOWILL Submitted October 24, 2019
SURVEYING I MAPPING I GIS
Firm and Team Experience
Firm Profile
Towill, Inc. (Towill) is an experienced provider of sur-
veying and geomatics services offering a broad range
of advanced surveying, mapping, and geospatial
solutions, which include land surveying; high accu-
racy specialty surveying; digital aerial photography;
airborne, terrestrial, and mobile Light Detection and
Ranging (LiDAR); digital 3D and 2D ph*togrammetric
mapping; volumetrics; and geographic information
systems (GIS).
Since the firm's establishment in 1955, the field of
surveying and mapping has been Towill's sole focus.
We have become one of the most accomplished
providers of geospatial solutions in the western United
States. Towill has invested over $6 million in modern
hardware and software to ensure that we can provide
our clients with the most accurate, cost-efficient, and
timely services available.
This commitment to innovation, combined with our
dedicated, passionate staff, are the keys to Towill's
success, which is demonstrated by our high rate of
repeat clients and referrals. Over 85% of Towill's busi-
ness comes from repeat clients, which is a testament
to our client focus, culture of client service, and overall
ability to deliver on time, first time right services.
Extent of Experience
Over the last 64 years, Towill has completed more
than 16,000 projects across a wide range of indus-
tries in support of engineering design, transportation,
rail, tunneling, major planning, GIS, construction, and
floodplain projects. Our projects range from large to
small and from multi -million -dollar, multi -year on -call
contracts with agencies such as the U.S. Army Corps
of Engineers (USACE) and the State of California
Departments of Transportation (Caltrans) and Water
Resources (DWR), to smaller projects completed in
as little as one day. We provide our clients with a sin-
gle source for all their surveying, mapping, and GIS
needs.
Towill has worked with dozens of public agencies,
from local to federal, throughout our history; we
understand your priorities and the unique challenges
that cities face. Our previous experience on dozens of
as needed or on call surveying and mapping contracts
Submitted October 24, 2019
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
for various public -sector clients provides us with work-
ing knowledge of local agency systems, procedures,
and expectations. We excel at managing multiple proj-
ects simultaneously because we know that our clients
depend heavily on the deliverables that we produce to
perform their planning, design, and construction tasks.
Towill has the staff, experience, and resources need-
ed to complete your tasks on time and on budget.
Within the past ten years, Towill has successfully held
on -call survey and mapping contracts with a wide vari-
ety of public sector clients of all sizes, including the
cities of Chino, Huntington Beach, Irvine, Long Beach,
Moreno Valley, Pomona, Pasadena, San Diego, and
Vista, and the counties of Los Angeles, Orange, Riv-
erside, and San Bernardino.
This extensive previous experience is proof that we
understand our primary role as a consultant: to pro-
vide a pool of resources —personnel and equipment —
that our clients can call upon to fulfill surveying and
mapping requirements as necessary.
Our DBE Commitment
Towill is proud of our firm's commitment to the af-
firmative action (including SLBE/ELBE/DBE/MBE/
WBE/DVBE/OBE) programs and being an equal
opportunity employer. We have successfully mentored
small and disadvantaged businesses through the
Caltrans' Calmentor Program. This statewide Califor-
nia program is designed to encourage and support
small businesses through voluntary partnerships with
established firms. Caltrans provides training, facili-
tates the relationships, and provides opportunities to
network with additional consultants. Goals are set in
a Memorandum of Understanding; and upon docu-
mentation and goal achievement by both the Mentor
and Protege firms, the firms are graduated. Towill has
graduated multiple small firms from this program.
In addition to the individuals Towill offers in-house, we
have joined with a long-term partner on this contract:
Chaudhary & Associates (DBE, Micro/SBE, MBE) to
provide Feld survey support. We are eager to share
the work assigned from this contract with Chaudhary
because they are composed of individuals we know
personally, trust completely, and with whom we have
rr SURVEYING
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
a history of providing successful projects together. We
will achieve 10% utilization with Chaudhary, far ex-
ceeding the City's established DBE goal of 0.5%.
Key Personnel
Towill is pleased to introduce the team of key person-
nel we have chosen specifically for this contract. Our
assigned key personnel will be available to the extent
proposed for the duration of the required services.
Towill acknowledges that no person designated as
"key" shall be removed or replaced without prior writ-
ten concurrence of the City of Santa Ana.
At any given time of the year, Towill's active backlog
represents —45% of our monthly capacity. Accordingly,
we have more than enough capacity to support the
anticipated requirements of this program.
An organizational chart is included at the end of this
section. Complete resumes for the following key indi-
viduals are located in Appendix A.
Survey Project Manager:
James Rios, PLS
James has 22 years of experience in
land surveying as a Project Manager,
Project Surveyor, Party Chief, and
Mapping Manager. James has well
rounded experience with a heavy
focus on projects for Southern Cali-
fornia public sector clients, including
Orange County Public Works, the
Cities of Moreno Valley and Yucaipa,
the Port of Long Beach, and many
others. His extensive experience includes performing
field calculations, right-of-way and boundary surveys,
and mapping.
James regularly coordinates and oversees efforts in
all aspects of land surveying, including research and
analysis, title reports, rights -of -way, easements, Amer-
ican Land Title Association (ALTA) surveys, topogra-
phy, boundaries and mapping, construction staking,
and the preparation and filing of subdivision maps,
Corner Records, and Records of Survey.
As Project Manager, James will be responsible for
daily oversight of field survey crews and office survey
staff, including progress tracking and reporting to the
Principal -in -Charge. In addition, he performs research
rr TOWILL
activities; prepares metadata and technical reports
in accordance with contractual requirements; imple-
ments QA/QC processes for all field and office sur-
veying tasks; and verifies that the content and accura-
cy of deliverables adhere to project specifications.
Principal -in -Charge:
Marvin E. Miller, MBA, RPP, PLS,
CP, PPS, SP
Marvin is an accomplished geomat-
ics professional with 43 years of proj-
ect/operations management, project
design/implementation, and business
leadership/consulting experience
within the private sector disciplines
of surveying, remote sensing, pho-
togrammetry, enterprise GIS, and
related geomatics services. During
his career, Marvin has served as Principal in Charge,
Project Manager, Technical Compliance Manager, and
Surveyor of Record for numerous federal, state, and
local agency project undertakings.
As Principal -in -Charge, Marvin will be responsible for
contract administration, including preparation of cost
estimates, proposals, technical and administrative re-
ports, and invoices. Additional responsibilities include
monitoring budgets and schedules for compliance and
acting as necessary to keep them within contractual
parameters. He will perform oversight of all project
group members and their functions and Independent
Technical Review (ITR) of technical procedures, QA/
QC procedures, and results (i.e., deliverables).
Marvin will serve as James Rios' back-up when he
is unavailable.
QA/QC Lead
Frank Borges, PLS
Frank Borges is a Professional Land
Surveyor and an Associate Principal
at Towill with 23 years of experience.
He has performed and supervised
projects involving boundary sur-
veys, legal descriptions and plats,
topographic base maps, geodetic
survey control, aerial mapping, ALTA
surveys, monitoring surveys, con-
struction staking, aeronautical surveys, hydrographic
surveying, and LiDAR scanning for clients both private
Submitted October 24, 2019
and public. His success on projects comes from his
attention to detail in clearly established production
procedures, QA/QC, and accountability for tasks
completed.
As QA/QC Lead, Frank will be responsible for assur-
ing the professional quality, technical accuracy, com-
pleteness, and consistency of all Towill's deliverables
under this contract.
Licensed Party Chief / Field Survey Lead:
Nicholas Lewis, PLS
Nick is a California Professional Land
Surveyor and Certified Party Chief
with the International Union of Oper-
ating Engineers Local 12. He brings
37 years of field survey experience
to the Towill team and has worked
on projects for the Cities of Fullerton,
Irvine, and Huntington Beach. His
land surveying experience includes
roadway design and construction,
horizontal and vertical control, topographic surveys,
boundary surveys, GPS, monitoring, and 3D laser
scanning.
As Field Survey Lead, Nick will be responsible for de-
veloping work approaches and cost estimates, sched-
uling and managing Feld crews, directing field and
office staff, and providing quality assurance/ quality
control and supplemental work and safety planning.
Nick is capable of performing production work when
needed and management of specific project tasks.
He also performs job site inspections for safety and
planning of work tasks and may be responsible for
communication with City staff and the general public
at the project site as needs dictate.
Associate Surveyor / Office Survey Lead:
Christopher Johnson, LSIT
Chris is an Office Surveyor/Certified
Party Chief with 33 years of expe-
rience in the surveying field. His
background includes design surveys,
construction staking, corridor control
surveys, boundary surveys, ALTA
surveys, 3D laser scanning, right-of-
way monumentation, and topograph-
ic surveys. He is knowledgeable in
the use of MicroStation, InRoads,
Submitted October 24, 2019
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
TopoDOT, and Trimble survey instrumentation and
software, as well as Caltrans standards.
As Office Survey Lead, Chris will be responsible for
processing field data, performing GPS reductions and
network adjustments, reducing laser scanning data -
sets, analyzing laser scan data, and preparing internal
deliverables to the project team for final CAD mapping
and deliverables.
Senior Geomatics Analyst / Aeria. Survey Lead:
Lorraine Amenda, PLS, CP
Lorraine has 29 years of surveying
and mapping experience and has W
served as a Senior Photogrammetrist
and Photogrammetry Project Manag-
er for over fifteen years. She joined
Towill after the completion of her
Surveying Engineering degree from
California State University, Fresno.
Her experience and knowledge in-
clude least -squares adjustments and
advanced computations for surveying and photogram-
metric processes, design of ground control networks,
flight planning, and Light Detection and Ranging
(LiDAR) data processing.
As Aerial Survey Lead, Lorraine will be responsible for
daily oversight of photogrammetry personnel (includ-
ing those assigned to airborne LiDAR and GIS tasks)
and tracking progress and preparing reports for the
Project Manager and Principal -in -Charge. She per-
forms advanced technical functions, such as airborne
GPS processing, analytical aerotriangulation compu-
tations, airborne LiDAR data processing, and volume
calculations. In addition, she prepares metadata
and technical reports in accordance with contractual
requirements; implements QA/QC processes for all
photogrammetric, airborne LiDAR, and GIS tasks; and
verifies that the content and accuracy of deliverables
adhere to project specifications.
Geomatics Specialist/ Airborne
LiDAR Lead:
Keith Kirkby, PE, BEng.
Keith's 23 years of experience in-
cludes a diverse array of proficiency
providing geomatics (geospatial)
services with an emphasis on air-
borne remote sensing applications.
1Y SURVEYING
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
He has designed, implemented, and managed dozens
of airborne LiDAR acquisition missions, geodetic and
photo control surveys, aerial photography campaigns,
and GPS field surveys for engineering design and GIS
base mapping applications.
As Airborne LiDAR Lead, Keith will be responsible
for the acquisition and interpretation of LiDAR data,
which includes development of work plans, coordina-
tion and scheduling of equipment and other resourc-
es, on -site data acquisition, which may include field
surveying, post -mission data processing and reduc-
tions, interpretation and analysis, and reporting of
LiDAR data utilizing a variety of techniques.
Associate Surveyor / Terrestrial LiDAR Lead:
Frederick "JR" Gregory, LSIT
JR has 14 years of surveying and
mapping experience in both the Feld
and office, which includes topograph-
ic mapping, plats/legal descriptions,
LiDAR data extraction and classi-
fication, and right-of-way appraisal
mapping. Over the past five years,
JR has focused extensively on the
design of static and mobile terrestrial
LiDAR (31D laser scanning) surveys
and the collection, processing, and classification of
LiDAR point cloud data. He is well versed in a vari-
ety of survey and mapping software applications and
packages, including AutoCAD Civil 3D; Cardinal VR;
Carlson software; Bentley MicroStation, InRoads, and
TerraScan; TopoDOT, Trimble Business Center and
Trimble RealWorks; and STAR*NET.
As Terrestrial UDAR Lead, JR will be responsible for
the design and execution of any required 3D laser
scanning tasks, as well as the processing and classifi-
cation of the terrestrial LiDAR data collected.
Certified Parry Chief:
Oliver Rocha, LSIT
Oliver is a Certified Party Chief with
29 years of land surveying expe-
rience. He has worked for several
local public agencies, including/
the Cities of Irvine, Moreno Valley,
Colton, and Yucaipa. He has been
involved in numerous survey projects
J
consisting of topographic, boundary,
T TOSURVEYINWILL
construction, right-of-way, and GPS surveying on a
variety of projects, including highways, roadways,
site development, and communications. He will be
responsible for performing the necessary field surveys
to support task orders, including but not limited to,
topographic, boundary, and construction surveys.
As Certified Party Chief, Oliver will lead and coor-
dinate field staff task assignments on a daily basis,
according to project assignment under the direction of
the Field Survey Lead and Project Manager. He over-
sees crew set up and ensures that proper equipment
and procedures are used, consistent with the scope of
work for the project. He also performs job site inspec-
tions for safety and planning of work tasks and may
be responsible for communication with City staff and
the general public at the project site as needs dictate.
Subconsultant Party Chief:
Jose Casanova, LSIT, Chaudhary & Associates
Jose has more than 20 years of
extensive civil engineering and land
surveying experience in the private
sector. He is highly proficient in
MicroStation, InRoads, AutoCAD,
Civil 3D, Softdesk, and GPS Trimble
software. He has worked on a variety
of projects including land surveying,
architectural, transportation, water,
land development, and telecommuni-
cations, and is currently studying for
his Land Surveying license. He has also spent time as
a Party Chief and Chainman in a field crew, providing
him with a complete understanding of project design.
Subconsultant Potholing Lead:
Salvador Silva, AirX Utility Surveyors
Salvador has nine years of experi-
ence at AirX working from the ground
up as a laborer specializing in pothol-
ing, to crew chief, and now field crew
supervisor.
As Potholing Lead, Salvador will be
responsible for scheduling potholing
crews and monitoring productivity
and safety during traffic control setup
and during pothole excavation.
Submitted October 24, 2019
Marvin Miller, MBA, CP
Principal -in -Charge
James Rios, PLS
Survey Project Manager
Frank Borges, PLS
Gregory, LSIT
Project Surveyor
Associate Surveyor
0
QA/QC Lead
Terrestrial LIDAR Lead
Oliver Rocha, LSIT
Nicholas Lewis, PLS Certified Party Chief
Licensed Party Chief
Field Survey Lead lose Casanova, LSIT
PartyChiet
Field Survey Support
19 Two -Person
Survey Crews Available
Chris Johnson, LSIT Office Survey Support
Associate Surveyor 21 Office Survey
Office Survey Lead E Technicians Available
Keith Kirkby, PE
Geomatics Principal
Lorraine Amenda, PLS, CP Airborne LiDAR Lead
Senior Geomatics Analyst
Aerial Mapping Lead Aerial Mapping Support
15 Geomatics Analysts
and Technicians Available
Salvador Silva
Potholing Lead
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
Understanding of Need
Project Understanding
Towill completely understands the required details re-
garding the possible variety of the City's public works
projects, including the technical requirements, scope
of work, schedule, project Area of Interest (AOI), and
the required deliverables associated with survey task
order. Moreover, Towill understands that the primary
on -call professional land survey services required by
the City of Santa Ana may include:
1. Research and Data Collection
2. Vertical & Horizontal Control Surveys
3. Prepare Legal Descriptions, Plats, and Maps
4. Monument Perpetuation/Preservation
5. Map Checking Services
6. Construction Staking Services
7. Photogrammetric/LiDAR Surveys
8. Topographic Surveys
9. Boundary and Right of Way Surveys
The overall Project Area of Interest (AOI) is approxi-
mately 27.5 square miles and includes the corporate
boundaries of the City of Santa Ana. In addition, we
understand that one of the primary goals of the pro-
gram is to provide the City's Public Works Department
with timely/precision professional surveying services
that are tailored to fit the objective of each project
assignment.
Because surveying, mapping, and GIS are the only
services we offer, on -call service contracts represent
a significant portion of Towill's business model. In fact,
across our firm, we currently manage over 50 different
Towlll's Task Order Management Process
on -call surveying/mapping contracts for public sector
clients and utility companies of all sizes.
It is important to note that we prioritize all of our on
call contracts equally. New task orders are inserted
into our workflow as they arise and are completed
as delivery schedules dictate. We achieve very high
levels of client satisfaction by maintaining the critical
internal communication necessary to keep on top of
task budgets and schedules, shift workloads across
office locations as needed to maximize efficiency, and
rapidly re assign available resources to meet project
commitments.
Details on the nine primary land surveying services
noted above can be found in the Scope of Services
and Schedule section of this proposal.
Proactive Task Order Management
Our approach for all the work that we do always starts
with communication. Before any work begins, our
project managers strive to learn about your expecta-
tions for each task order, your schedule and budget
requirements, and any other potential issues. We then
develop a concise Scope of Work, cost estimate, and
schedule which, when accepted by the City, becomes
the basis for the work. No work will be performed until
the City has authorized it via the issuance of a
Notice -to -Proceed (NTP).
Upon approval of the task order, the team will have
a kickoff meeting to focus on delivering a consistent,
LoIrPrepare Task Order, #t,.a
ndCost Estimate, Work Plan, and QA/QC Plan er
Perform QA/QC Perform Survey skof Deliverables andlor Mapping TPData Acquisition
Respond to City'sSubmit Questions and rDeliverables Commentst
TSURVEYING
Submitted October 24, 2019
efficient, and quality deliverable. Instructions to the
project team will be developed and distributed to
all members. These instructions may include com-
munication protocols, schedules/budgets, technical
standards, health/safety requirements, scope of work,
required deliverables, quality control plans and proce-
dures, and/or review of environmental policies.
Throughout the performance period, Towill's project
manager will maintain open lines of communication
with City staff, attending regular status meetings and/
or reporting on the project's progress via email cor-
respondence or by phone. Once deliverables are
submitted to the City, we respond to any questions or
comments you may have, make any final revisions
necessary, and ensure that your staff is completely
satisfied with all deliverables prior to close-out of the
task order.
This process is summarized in the flowchart graphic
on the previous page. Towill's project manager and
support team are committed to responsiveness to
meet your objectives. We know from experience that
our proven task order management process will be
key to successfully deliver your task orders on time
and within budget.
Suggestions or Special Concerns
Given the nature of the anticipated Capital Improve-
ment Program (CIP) projects along with Towill's 64
years of experience providing on -call land surveying,
we are pleased to have the opportunity to suggest
some value-added services for your consideration.
Terrestrial, Mobile, and Airborne LiDAR
Towill brings 15 years of terrestrial LiDAR scanning
ability. Terrestrial LiDAR scanning can be used to
obtain spatial information for features that require a
high level of detail or that are difficult to reach. It can
also be used to gather many data points on complex
surfaces, such as rough and uneven ground. The key
to successful terrestrial LiDAR scanning technology
is knowing when it is the right tool for the job and how
to combine and augment it with other measurement
methods and data products to provide the most effi-
cient service for the tasks at hand. In addition, Towill's
unique business model, which combines complete ae-
rial photogrammetric and LiDAR services, as well as
ground -based field surveying augmented with LiDAR,
Submitted October 24, 2019
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
brings a comprehensive mapping tool set to the City.
Recently, Towill completed 16 miles of detailed topo-
graphic mapping along State Route 91 in Riverside
County, utilizing a combination of mobile and terres-
trial LiDAR, aerial photogrammetry, and conventional
ground surveys. This seamless integration of various
advanced and conventional technologies allowed the
Towill team to complete this design -level mapping
project to Caltrans standards within 120 days. This is
a strength the Towill team will bring to the City.
Depending upon the project requirements, incorporat-
ing aerial LiDAR as part of the overall solution often
represents a cost and time -saving approach. Our
airborne LiDAR systems are integrated with precision
Phase One 100-megapixel digital image sensors.
Combining traditional photogrammetric mapping
techniques with state -of -the -profession aerial LiDAR,
represents not only a cost-efficient project approach
but also the ability to provide precision map docu-
ments in areas that would compromise the safety of
our field crews. We would also like to point out that we
often fuse together terrestrial and aerial LiDAR data
sets. For projects where LiDAR represents a more
cost-efficient approach, the combination of stereo
imagery with aerial LiDAR traditional photogrammetry
techniques with state -of -the -profession LiDAR tech-
nologies.
Potholing
Towill's land surveying experience in highly urbanized
areas often requires locating buried utilities. Accord-
ingly, should the need arise for locating underground
utilities, Towill will enlist the services of our subcon-
sultant, AirX Utility Surveyors, Inc. AirX is a Wom-
an Owned Small Business (WOSB) with offices in
Rancho Cucamonga and Escondido, California, has
been providing Subservice Utility Engineering (SUE)
services since 2000. They are a trusted SUE services
provider to not only Towill but also to many local agen-
cies throughout Southern California.
Assumptions and/or Exclusions
Access to all assigned project AOI's will be made
available to the survey teams without restrictions or
added cost.
rf TOWILL
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
Relevant Project Experience
Since Towill's inception in 1955, we have served as a
consultant on hundreds of contracts for public agency
clients, from the federal and state level down to local
agencies and special districts, with the majority of
our work generated from on -call contract task orders.
In fact, approximately 70% of Towill's total revenue
earned last year came from municipal clients and their
projects. Following is a small sample of the projects
we have completed over the last five years.
Caltrans District 59: As -needed
Aerial Mapping Services Contract
Towill is currently under our fifth consecutive contract
with Caltrans to provide as -needed professional aerial
photogrammetric mapping services statewide. Most
tasks under this contract are focused on the acquisi-
tion, processing, and classification of airborne LiDAR
(Light Detection and Ranging) data and the genera-
tion of color orthophotography; an increasing number
of projects over the last two contract periods have
also included the capture of planimetric features.
Specific services provided under these contracts
include airborne LiDAR data acquisition and process-
ing, photogrammetric mapping, aerotriangulation,
ground control surveys, and quality control surveys.
We completed a total of 56 task orders during our
previous on -call contract (2015-2018), including:
State Route 74 in Orange County: Airborne LiDAR
mapping and orthophotography for approximately
five miles from west of Hot Spring Canyon Road
to the Riverside County border in southeast
Orange County. Year Completed: 2018;
Interstate 15 in Riverside County: Airborne
LiDAR data collection for pavement condition
studies along a three-mile stretch of highway near
Temecula. Year Completed: 2017; and
Interstate 40 in San Bernardino County: Airborne
LiDAR, Mapping, and Orthophotography for a
50-mile stretch between Ludlow and Needles.
Year Completed: 2016.
Client: Caltrans District 59
Contact: John Erickson, CP, PLS
Phone: 916.227.7649
TOWINLL
Orange County Transportation
Authority: OC Streetcar Project
Construction Management Services
Towill is providing on -call construction staking ser-
vices to PGH Wong for the OC Streetcar project. This
OCTA project is in coordination with the City of Santa
Ana and City of Garden Grove to construct a new
east -west double -track modern streetcar in Orange
County between the Santa Ana Regional Transpor-
tation Center in the City of Santa Ana and the Harbor
Boulevard/WestminsterAvenue intersection in the
City of Garden Grove. The purpose of the project is to
improve transit connectivity and transit accessibility,
increase transit options, relieve congestion by pro-
viding alternative mobility options in a manner that is
sensitive to the community's character, and provide
benefits to the environment through improved air qual-
ity. Year Completed: Ongoing.
Owner:
OCTA
Client:
PGH Wong Engineering, Inc.
Contact:
Doaa Aboul-Hosn, PE
Phone:
602.300.4091
City of Irvine: Culver Drive and
University Drive Intersection
Improvements Project
Towill is providing construction surveying services to
support the Culver Drive/University Drive Intersection
Improvements project. The project involves widening
the roadway; reconstructing the concrete median,
sidewalks, curb and gutter, etc.; street light relocation;
traffic signal modification; extension of an existing
channel box culvert; installation of a landscape and
irrigation system; signing, striping, and pavement
markings; and relocation and adjustment of IRWD
water facilities. Towill's tasks include performing a
centerline survey and monumentation recovery; de-
tailed surveys of the streets, sidewalks, and neighbor-
ing properties; developing a digital terrain model and
street cross -sections; performing construction staking
and as -built surveys; and monument preservation.
Year Completed: Ongoing.
Submitted October 24, 2019
10
r_-
City of Irvine: Alton Parkway
Pavement Rehabilitation Project
Towill performed horizontal and vertical control sur-
veys, topographic surveys and centerline surveys for
a 3,000-foot portion of Alton Parkway near the Irvine
Spectrum. Utilizing a combination of conventional
survey methods and 3D laser scanners, Towill collect-
ed full street topographic data without impeding traffic
or closing a lane. The final data was mapped, a digital
terrain model created, and all delivered to the design
team in MicroStation and InRoads format.
Year Completed: 2017.
Client:
City of Irvine
Contact:
Uyenly Bui
Phone:
949.724.7559
City of Fullerton: Raymond Avenue
Grade Separation Project
Towill provided quality assurance construction survey-
ing services, including verifying the primary and proj-
ect control, reviewing the horizontal design alignments
and vertical profiles, and responding to construction
survey requests, to support this grade separation
project. We monitored the contractor's surveyor for
compliance with the project surveying requirements,
verified their layout and controls, spot checked ref-
erence points and finished work, and monitored for
settlement or movement of existing facilities. Con-
struction surveys were performed in accordance with
the Caltrans Survey Manual and its revisions. Year
Completed: Ongoing.
Owner:
City of Fullerton
Client:
Berg & Associates, Inc.
Contact:
Carlos J. Quiroz, QSP
Phone:
310.548.9292
Los Angeles County Department of
Public Works: As -Needed Surveying
and Mapping Services Contract
Towill has been providing land surveying and mapping
services for the Los Angeles County Department of
Submitted October 24, 2019
11
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
Public Works since 2013. Our two most recent task
orders are described below.
LACDPW Headquarters BuildingALTA/NSPS
Land Title Survey: Towill completed an ALTA/
NSPS Land Title Survey for the Department of
Public Works Headquarters building. Services
included establishing ground control, color aerial
photography, planimetric feature collection at
1" = 20', and development of Digital Terrain
Model (DTM) sufficient in detail for generating 1.0'
design contours. Our subconsultant, AirX, used
Ground Penetrating Radar (GPR) to locate the
underground utilities. Year Completed: 2019.
Roosevelt Park Construction Staking: Towill is
currently supporting the County's contractor with
construction staking services for the subject
project. To date, there have been a total of 32
staking requests issued, all of which have been
completed within forty-eight hours after receipt.
Year Completed: Ongoing.
Client: LACDPW
Contact: Mark Wittig, PLS
Phone: 626.468.5144
Orange County Public Works: On -call
Surveying Services Contract
Towill has been providing on -call surveying services
to the Surveyor's Office of the Orange County Pub-
lic Works Department since 2010. Services that can
be requested under this contract include boundary
surveys, monumentation, monument preservation,
topographic surveys, construction surveys, and other
land surveying tasks. Our current contract extends
from 2018 through 2021.
Under our previous contract, Towill completed 11
surveying task orders, including several that involved
deformation monitoring and monument preservation
and perpetuation. Deformation monitoring was pro-
vided for the Peters Canyon, Villa Park, and Sulphur
Creek Dams. The monitoring surveys included hor-
izontal and vertical control, horizontal monitoring of
specific points along the dams utilizing GPS static
survey procedures, and vertical monitoring of specific
T TOWILL
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
points along the dams utilizing precise leveling
procedures.
Towill also provided monument preservation and
perpetuation services for more than 150 monuments
in the unincorporated areas of Cowan Heights, Lemon
Heights, and Panorama Heights in Orange County to
support planned overlay construction activities. Year
Completed for all of these task orders: Between
2015 and 2018.
Client: OCPW
Contact: Wade Weaver
Phone: 714.955.0151
References
City of Irvine
Uyenly Bui
Email: uyenly.bui@ci.irvine.ca.us
Phone:949.724.7559
Projects:
Culver Drive and University Drive Intersection
Improvements
Alton Parkway Pavement Rehabilitation
Orange County Public Works
Wade Weaver
Email: wade.weaver@ocpw.ocgov.com
Phone: 714.955.0151
Projects:
• Olive Heights Monument Preservation
• Various deformation monitoring task orders
County of Los Angeles
Mark Wittig, PLS
Email: mwittig@dpw.lacounty.gov
Phone: 626.458.5144
Projects:
LACDPW HQ ALTA/NSPS Land Title Survey
Roosevelt Park Construction Staking
TTOWILL Submitted October 24, 2019
SURVEYING I MAPPING I GIS
12
Scope of Services and Schedule
Scope of Work
Research and Data Collection
Towill routinely conducts a variety of project -related
research, such as title reports, APN/property own-
ership review, zoning, benchmarks, boundary con-
trol, and FEMA documents, to name a few. Through
decades of experience, we know which agencies to
contact for each specific type of document, what the
processes and lead times are for obtaining them, and
what potential challenges to expect. Research may be
performed at city or county offices, utility agencies, or
other appropriate sources.
Vertical and Horizontal Control
Horizontal and vertical control is the backbone of any
successful survey project. The placement of control
point locations is carefully evaluated to determine the
most efficient method of performing the project tasks.
Existing maps and photography, city and county
maps, and available historic maps are studied to de-
termine how to refine control point locations to better
serve each project and make the working conditions
safe for the field staff. Whenever possible, the control
points are located on or near roads, trails, levees, or
other common routes of transportation. Special efforts
are taken to obtain appropriate permission to access
private and/or government properties.
Towill is experienced in conducting conventional
surveys, monitoring surveys, precise digital geodetic
leveling, and GPS static surveys, as well as establish-
ing local project control. We have set up thousands of
control networks and are well -versed in tying into and/
or expanding existing control networks. Our staff have
decades of experience with a wide variety of coordi-
nate systems and the expertise to know which ones
apply to each project.
We regularly perform static, rapid -static, kinematic
and real-time kinematic (RTK), and real-time network
(RTN) GPS surveys to establish ground control, de-
pending on the requirements for the project. We own
and use Trimble dual -frequency GPS receivers. Static
and fast static sessions are used to establish primary
control stations; fast -static and kinematic sessions
are used for secondary control. The Towill Team is
well -versed in utilizing GPS methods for establishing
Submitted October 24, 2019
13
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
vertical control and deformation monitoring to various
standards, including the National Geodetic Surveys.
Moreover, Towill has extensive experience in the
performance of geodetic surveys and is very familiar
with working in the most current national datums;
e.g., the North American Datum of 1983 (NAD83),
2011 (2010), and the North American Vertical Datum
of 1988 (NAVD88). We also have a world-renowned
geodetic expert on staff to lead any specialty or high
accuracy survey efforts, if needed. Towill's team of
professional licensed surveyors are keenly aware and
always up to date with technical issues relating to
the evolution of geodetic datums, geodetic surveying
technologies, and associated standards and proce-
dures.
Legal Descriptions, Plats, and Maps
Towill has extensive experience and expertise in
boundary and property surveys for land and parcel
determination, performing tens of thousands of sur-
veys over our 63-year history. The initial step to any
successful boundary survey is performing the proper
research of land records. Public records research is
required to identify primary control, right-of-way infor-
mation, and boundary lines, or lines of occupation,
before performing the work. Research may be per-
formed at city or county offices, utility agencies, title
companies, or other appropriate sources. Necessary
records are identified, organized, and analyzed for the
field and office tasks.
Once the research is complete and all documentation
associated with a boundary has been analyzed, we
can prepare highly accurate calculations of where we
can expect to locate monumentation associated with
the boundary determination. Throughout the course of
the field survey (which utilize both GPS and conven-
tional survey techniques), adjustments can be made
to further enhance the accuracy of the search loca-
tions and minimize the amount of field time required
to complete the survey. When survey results are
returned from the Feld, they are compared to record
deeds and maps and the boundary analysis is per-
formed. With years of experience, we can efficiently
and accurately complete the boundary process, com-
rr TOWILL
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
piling an accurate and defendable survey.
Towill's team of surveyors has the experience and
knowledge to tackle any and all boundary surveys,
from public land surveys to subdivision retracements
and establishment of centerlines. Towill consistent-
ly remains informed of changes in local, state, and
federal laws pertaining to surveying and is very active
in continuing education to ensure we remain current.
When locations are returned from the field, they are
compared to record deeds and maps, and the bound-
ary analysis is performed. With our years of experi-
ence, we can efficiently and accurately complete the
boundary process, compiling an accurate and defend-
able survey.
According to the California Professional Land Survey-
ors' Act, a Corner Record may be used to perpetuate,
rehabilitate, or reestablish monumentation that has
existed in the past in other circumstances; and, when
more extensive work is required, or several monu-
ments in the same area are in question, it may be
necessary to file a Record of Survey map. Records of
Survey will clearly identify project horizontal control,
record map information, and additional data, and lines
and calls prepared in the initial boundary surveys
phase. Once a map is ready, our project manager
will submit the document to the City for review and to
Orange County for map checking. Any comments will
be addressed, and the document will then be filed at
the County Recorder's Office for recordation.
These mapping items will be prepared in accordance
with the California Subdivision Map Act, California
Professional Land Surveyor's Act, California Public
Resource Code, and the City of Santa Ana Municipal
Code. These items will be discussed with the City
and/or County agency where the property is situated.
The anticipated deliverables for this item will vary
depending on the requested subdivision mapping task
requested.
Map Checking Services
Towill's team of professional surveyors are well qual-
ified to perform map checking services for the City.
In fact, the greatest testament to our expert working
knowledge is that we are currently performing the
exact same map checking as those noted in the
City's RFP for the City of Fremont as well as Alameda
and San Mateo Counties. We also served as a map
T TOWILL
checking subconsultant to MSN Engineering for their
on -call contract with the City of Pasadena. Our experi-
ence includes but is not limited to the preparation and
review of parcel maps, tentative maps, subdivision
maps, records of survey, and annexation maps.
When preparing maps to support the division of land,
knowledge of the Subdivision Map Act (SMA) is criti-
cal. Subdivision and other related maps begin as any
other boundary survey would, with research, field sur-
veys, and boundary line determinations. Understand-
ing the intent of the map guides the next step, where
new lines may need to be determined for parcel splits
or site features may be located to support a lot line
adjustment or encumbrance map.
Construction Staking
Construction staking assignments begin with our
checking and verifying project horizontal and vertical
control prior to the commencement of construction
layout work. Our crews will independently survey this
control, and we will provide a project control report
for use by the construction staking surveyor. When
ground surveys, such as field quantity verification,
subsidence, layout verification, or utility relocation
surveys, are needed, all resulting data is smoothly
integrated into final as -built or as -verified reports.
A review of the construction plans is completed to
determine if sufficient information has been provid-
ed for us to perform construction staking from the
plans; we also vigilantly check for errors or omissions.
Missing information is tabulated and presented to the
City for their review. When we see things that do not
look right, our first step, upon review by the Project
Manager, is always to alert the City. While we are not
engineers, our experience with working from their
plans has afforded us the insight to know when things
do not appear to be in order and may need a second
look.
We regularly perform surveys to support the construc-
tion of a wide range of projects for both public and
private entities. Typically, the staking plan will be laid
out in AutoCAD or other software if specified by the
client. The project manager conducts a site reconnais-
sance, coordinates with the client, and finalizes the
field crew's action plan.
Construction line and grade layout, whether it is
Submitted October 24, 2019
14
for roads, sewer, water, storm drain, or grading,
will require a swift response to avoid costly delays
in construction. Towill often works in a survey con-
struction management capacity and has developed
profession -leading, efficient methods for work perfor-
mance. Field crews are equipped with pre calculated
horizontal and vertical alignments so that offsets can
be determined at the time of staking and so that cuts
and fills can be compared to design data at the point
of collection. Many of Towill's survey crews are head-
ed up by experienced LSITs with the ability to perform
field calculations, field inspections, and problem -solv-
ing when the need arises. All verification data is trans-
ferred to Towill's database for secondary accuracy
checks by office personnel.
Limits of removal are staked based on approved plans
and/or visual inspection in the field. Our crews have
enough experience at this exercise to realize when
things appear to be either insufficient or excessive. If
it is believed that the removal limits either exceed or
are inadequate for construction, we will advise City
staff. The limits can be staked either at the actual
location, such as paint on curb, or on an offset that
can be used later for construction, thereby saving time
and money.
Examples of QA/QC steps for construction layout
are calculating points from different starting points,
comparing station and offset listings with plan sets,
and graphic checks for irregularities. In the field,
comparisons are made to existing structures, and the
relationship of reference points are verified visually
as they are set. As -staked shots are taken on points
set to compare coordinates to the original calculated
positions. Different personnel are called to examine
items throughout the process to provide an indepen-
dent check.
Monument Preservation
In keeping with Section 8771 of the California Busi-
ness and Professions Code, Towill recognizes how
critically important accurate and enduring survey mon-
umentation and control is to the survey operations of
both the City and the surveying community. Without
the perpetuation of controlling monuments, countless
additional hours of field and office work can occur for
both public- and private -sector projects.
Every project we undertake begins with a thorough
Submitted October 24, 2019
15
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
review of not only record information but also of the
proposed construction in the area. Our project man-
ager organizes the investigation into existing recorded
documentation with the City of Santa Ana, Orange
County, and other agencies. Records research is typ-
ically performed by the project manager or under his
direction. From this research, a plan of action is devel-
oped for the preservation of existing monumentation
and the setting of new points.
Our first step in preserving the monumentation is to
determine by field verification what monuments are
still in place, which have been buried, and which have
been destroyed. We then advise the City of our find-
ings and plan an operation of setting tie points, which,
based on our review of the construction documents,
will be established outside proposed construction
activities.
Monumentation will be marked with either furnished
(or as otherwise specified) disks, plugs, or tags, which
shall be stamped with the project manager's California
Professional Land Surveyor registration number, or as
directed in each task. Monumentation shall be estab-
lished or preserved for the project or project areas,
and shall include considerations for utility locations,
proper spacing, and durability. All monuments will be
field referenced with a minimum of four (4) intersect-
ing reference points, such as cut crosses on curbs,
rebars outside the work area, or other approved refer-
ence points.
A pre -construction Corner Record will then be pre-
pared and recorded with the County of San Bernardi-
no for each monument. Corner Records shall include
the character of the monument, its record reference,
reference ties, and other pertinent data. All such field
monumentation work will conform to Section 8771 of
the California Business and Professions Code, which
addresses the preservation of existing survey monu-
ments.
When construction has been completed, we return
to the area and determine which monuments and/
or tie points will need replacement. In many instanc-
es, damage to the existing monuments is limited. In
cases where monuments are to be replaced, a dura-
ble monument, as described above, or standard well
monument, if required by the City, is established and
post -construction Corner Records are filed. All doc-
rf TOWILL
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
umentation and Corner Records will be prepared to
meet the requirements of both the City of Santa Ana
and the County of Orange.
Topographic Surveys
Towill's primary business is land surveying and map-
ping. Along with our extensive field and office survey
staff, we also have an in-house photogrammetry
group of professionals that enables us to perform
mapping tasks using either ground- or aeria!-based
surveying methods, or a combination of the two.
This allows us to most efficiently address the client's
needs. Because our internal staff work together on
every job, and on such a wide range of project types,
we have full knowledge of which methods are most
suitable to the task at hand, and how to communi-
cate efficiently to develop a full understanding of your
needs and how best to serve you.
Planning is the most important tool to economically
serve a project with a variety of field and office activi-
ties. Towill performs field topographic surveys for de-
sign to produce maps at a wide range of scales, using
both GPS and conventional surveying equipment and
techniques. Such surveys are typically performed to
produce a detailed map for engineering design or as
supplemental data collection to enhance and com-
plete photogrammetric mapping.
We have experience performing virtually every type of
field topographic surveying task, including:
• Detailed site surveys for design and construction
purposes (including location of surface and
underground utilities, monitoring wells, curb and
gutter lines, and building pad elevations);
• Cross-section and profiling along rivers, canals,
and levees for hydraulic analysis and design;
• Surveys of bridges and surrounding topography;
• Surveys of tunnels and the interior of large
diameter pipelines; and
• Surveys to check and complement
photogrammetric mapping.
For many of our clients, Towill has conducted multiple
site topographic surveys. We have in-house access
to some of the latest technology available for these
types of tasks. Utilizing robotic one-man instruments
allows us to have more experienced field staff con-
ducting our topographic data acquisition. With very
T TOWILL
precise and accurate measuring devices, we often uti-
lize reflectorless technology to acquire the information
needed within streets and other areas of heavy traffic
without impeding traffic flow.
Whether the site is large or small, with Towill's unique
capability to complete photogrammetric compilation
in house, we will be able to find the most economical
solution to your needs.
Photogrammetric Mapping
Photogrammetric mapping is the process by which
aerial photography is used to produce planimetric and
topographic maps of the earth's surface and features
of the manmade environment. Photogrammetric
mapping represents a very important business line
for Towill, accounting for an average of 35% of our
company's annual revenue. Moreover, photogram-
metric mapping is not an ancillary professional service
at Towill; many of our most highly accomplished and
experienced personnel have dedicated their careers
to advancing Towill's photogrammetry operations and
providing a level of service far above the competition.
Prior to the execution of the primary data collection
mission described herein, Towill will either recov-
er and target existing ground control positions, or,
if needed, establish and target new ground control
positions throughout the AOL Using the digital image,
ground control, and ABGPS/IMU data, Towill will pre-
pare a Fully Automated Analytical Aerotriangulation
(FART) solution to establish supplemental control for
orienting individual photogrammetric stereo -models
covering the entire AOL Upon completion of the FAAT
solution, survey/map documents, such as planimetric
features, contours, or color orthophotography, can be
prepared as -needed anywhere and at any time within
the AOL
Boundary and Right of Way Surveys
Towill has extensive experience and expertise in
boundary and property surveys for land and parcel
determination, performing tens of thousands of sur-
veys over our 64-year history. The initial step to any
successful boundary survey is performing the proper
research of land records. Public records research is
required to identify primary control, right-of-way infor-
mation, and boundary lines, or lines of occupation,
before performing the work. Research may be per-
formed at city or county offices, utility agencies, title
Submitted October 24, 2019
16
a
companies, or other appropriate sources. Necessary
records are identified, organized, and analyzed for the
Feld and office tasks.
Once the research is complete and all documentation
associated with a boundary has been analyzed, we
can prepare highly accurate calculations of where we
can expect to locate monumentation associated with
the boundary determination. Throughout the course of
the field survey (which utilize both GPS and conven-
tional survey techniques), adjustments can be made
to further enhance the accuracy of the search loca-
tions and minimize the amount of field time required
to complete the survey. When survey results are
returned from the field, they are compared to record
deeds and maps and the boundary analysis is per-
formed. With years of experience, we can efficiently
and accurately complete the boundary process, com-
piling an accurate and defendable survey.
Towill's team of surveyors has the experience and
knowledge to tackle any and all boundary surveys,
from public land surveys to subdivision retracements
and establishment of centerlines. Towill consistent-
ly remains informed of changes in local, state, and
federal laws pertaining to surveying and is very active
in continuing education to ensure we remain current.
When locations are returned from the field, they are
compared to record deeds and maps, and the bound-
ary analysis is performed. With our years of experi-
ence, we can efficiently and accurately complete the
boundary process, compiling an accurate and defend-
able survey.
According to the California Professional Land Survey-
ors' Act, a Corner Record may be used to perpetuate,
rehabilitate, or reestablish monumentation that has
existed in the past in other circumstances; and, when
more extensive work is required, or several monu-
ments in the same area are in question, it may be
necessary to file a Record of Survey map. Records of
Survey will clearly identify project horizontal control,
record map information, and additional data, and lines
and calls prepared in the initial boundary surveys
phase. Once a map is ready, our project manager
will submit the document to the City for review and to
Orange County for map checking. Any comments will
be addressed, and the document will then be filed at
the County Recorder's Office for recordation.
Submitted October 24, 2019
IVA
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
Deliverables
Major deliverables anticipated with this on -call project
include, but are not limited to, the following:
• CVS point file in P,N,E,Z,D of survey points
• PDF copy of Field Notes
• One set of stakes set in the field
• Planimetric features in MicroStation V8 format
• DTM surface data in MicroStation V8 format
• PDF copy of Pre -Construction Corner Records
• PDF copy of Post -Construction Corner Records
• Pictures collected in the field
• Cut sheets
• Color digital orthophotography in GeoTIFF format
• Design -scale contours
• Record of Survey report
• Hard copy survey/map documents
• Miscellaneous project reports
Schedule/Timeline
Considering that the City intends to enter into an on -
call contract that will have a wide range of scope, we
are not able to provide a schedule for work that is yet
to be defined. However, within our response to the
City's RFP, we have demonstrated our ability to re-
spond to the most demanding of schedules. To further
support this claim, we offer the following schedule as
an example of a project we recently completed for a
nearby city in San Bernardino County.
The scope of this project included construction sur-
vey and staking services for a federally funded Safe
Routes to School improvement project with two proj-
ect locations totaling approximately 1.1 miles of dense
urbanized roadway.
Improvements at each location included bicycle
lanes, sidewalk, curb and gutter, ADA-accessible curb
ramps, commercial driveways, residential driveways,
and asphalt concrete pavement for minor street wid-
ening.
Towill's scope of services included the following:
Site control through the recovery of street
centerline monumentation and establishment of
temporary site control for staking operations;
Rough grade stakes for rough grading and
clearing and grubbing;
Asphalt concrete and concrete demo limits;
rr TOWINLL
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
Grade stakes for curb and gutter, driveway
replacement/reconstruction, existing utility finish
grade adjustment, and under sidewalk drains;
Monument preservation; and
Miscellaneous surveying by a two -person crew
(the Client requested a budget of 80 hours).
•
Research, Coordination, and Meetings
Site Control
Rough Grade Stakes:
Rough Grading / Clearing & Grubbing
Asphalt Concrete & Concrete Demo Limits
Grade Stakes: Curb & Gutter
Grade Stakes:
Driveway Replacement / Reconstruction
Grade Stakes: Existing Utility Adjustment
Grade Stakes: Under Sidewalk Drains
Monument Preservation and Corner Records
Miscellaneous As -needed Surveying:
Two -Person Crew
Fee Proposal
As requested in the RFP, our fee proposal is
included in a separately sealed envelope labeled
"Fee Proposal."
Certifications
Signed certification forms are included in the
Appendix.
Submitted October 24, 2019
1Y SURVEYING
18
City of Santa Ana RFP No. 19-090
Professional Land Surveying Services
Appendix
Per the requirements of the City's RFP, Towill has
included the required forms and documents listed
below on the following pages.
• Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
• LAPM Exhibit 10-01: Consultant Proposal DBE
Commitment
• LAPM Exhibit 10-02: Consultant Contract DBE
Commitment
• LAPM Exhibit 10-K: Consultant Certification
of Contract Costs and Financial Management
System
• Resumes for all proposed team members
Submitted October 24, 2019 T TOWILL
19
SURVEYING I MAPPING I GIS
City of Santa Ana RFP No. 19-090 ARMW__
Professional Land Surveying Services
TTOWILL Submitted October 24, 2019
SURVEYING I MAPPING I GIS
20
Appendix
ATTACHMENT 3-9- NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
NON-COLLUSTON AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreomemt
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
NOW: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non collusion Affidavit. BIDDERS are cautioned that
making a, false certification may subject the certifier to criminal prosecution.
Signed ': '-.a)
State of California
County of__
Subscribed and sworn to (or affirmed) before me on this day of , 20_, by
-proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
Notary Public Signature
SEE ATTACHED CALIFORNIA JURAT
Notary Public Seal
City of Santa Ana RFP
Page AS-1
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Contra Costa
Subscribed and sworn to (or affirmed) before me on this 21st
day of October , 20 19, by Aaron Badavinac
proved to me on the basis of satisfactory evidence to be the
person g) who appeared before me.
-----------------
CATHYA.SHAPARC
Commission M 2134116
:= Notary Pu611c • California z
Contra Costa County
My Comm. Expires Doc 14, 2019
(Seal) Signature
22
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
l . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly,
Firm Towill, Inc. //,� �qq
Signed and Printed Name: l/��h chef 4e_ Aaron Badavinac
Title Chief Financial Officer
Date October 18, 2019
City of Sarb Ana RFP
Page A3-2
24
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution 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,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
__ T City of Sarft Ana RFP
Page A3-3
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed: w &d 4wu ev
Title: Chief Financial Officer
Firm: Towill, Inc.
Date: October 18, 2019
City of Santa Ana RFP
Page A3-4
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
1. Local Agency:
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
City of Santa Ana 2. Contract DBE Goal: 0.5%
3. Project Description: On -Call Professional Land Surveying Selvices
4. Project Location: Citywide (Santa Ana, California)
5. Consultant's Name: Towill, Inc. 6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact P. Tormation
10. DBE %
Field surveying support ort
3110
Chaudhary & Associates, 707.255.2729
211 Gateway Road W, Suite 204, Napa, CA 94558
10%
Local Agency to Complete this Section
17. Local Agency Contract Number:
18. Federal -Aid Project Number:
11. TOTAL CLAIMED DBE PARTICIPATION
10 %
19. Proposed Contract Execution Date:
20. Consultant's Ranking after Evaluation:
IMPORTANT: Identify all DBE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
regardless of tier. Written confirmation of each listed DBE is
required.
-fib t+�lr+ti:�vs± 10/18/2019
12. Preparer's Signature 13, Date
_
Aaron Badavinac 925,682.6976
14. Preparer's Name 15. Phone
Chief Financial Officer
16. Preparer's Title
DISTRIBUTION: Original — Included with consultant's proposal to local agency.
ADA Notice: For Individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-641C or Too (916) 654-
38e0 or write Record$ and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
27 January 2019
Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1, Local Agency: City of Santa Ana 2. Contract DBE Goal:
3. Project Description: On -Call Professional Land Surveying Services
0.5%
4. Project Location: Citywide (Santa Ana, California)
5. Consultant's Name: Towlll, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: TBD
8. Total Dollar Amount for ALL Subconsultants: TBD
9. Total Number of ALL Subconsultants: TBD
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
.^
12. DBE Contact Information
I3. DBE
Dollar
Amount
Field surveying support
y g pp
3110
Chaudhary & Associates, 707.255,2729
211 Gateway Road W, Suite 204
TBD
Napa, CA 94558
Local Agency to Complete this Section
$ TBD
20. Local Agency Contract
14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal -Aid Project Number:
22. Contract Execution
10 %
nmw
Local Agency certifies that all DBE certifications are valid and information on
IMPORTANT: Identify all DBE firms being claimed for credit,
this form is complete and accurate.
regardless of tier. Written confirmation of each listed DBE is
required.
*1-&. .:rkUacv 10/18/2019
23. Local Agency Representative's Signature 24. Date
15. Preparer's Signature 16. Date
Aaron Badavinac 925.682.6976
25. Local Agency Representative's Name 26. Phone
17. Preparer's Name 18. Phone
Chief Financial Officer
27. Local Agency Representative's Title
19. Preparer's Title
DISTRIBUTION: 1. Original - Local Agency
2. Copy - Coltrane District Local Assistance Engineer (DEAF). Failure to submit to DLAE within 30 days of contract
execution may result in de -obligation of federal funds on contract.
ADA Notice: For Individuals with sensory disabilities, this document is available In alternate formats. For information call (916) 654-0410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page I of 2
28 July 23, 2015
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
EXHIBIT I O-K CONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, Ibis fora: is not required)
Consultant's Full Legal Name: Towill, Inc.
Important: Consultant means the individual or consultant providing engineering and design related
services as a party of a contract with a recipient or sub -recipient of Federal assistance. Therefore, the
Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate 190.75 %
Home Office Rate % and Field Office Rate (if applicable)
Facilities Capital Cost of Money % (if applicable)
Fiscal period* 01/01/18 - 12/31/18
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not
the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period
for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have
determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in
accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of
Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31);
• The cost proposal does not include any costs which are expressly unallowable under the cost
principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our
prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally -
funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the
consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of
this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately
accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23
United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d): 23 CFR, Chapter 1, Part 172 11(a)(2);
and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts;
• Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost
Page 1 of 2
March 2018
29
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
accounts;
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost;
• Internal controls to maintain integrity of financial management system;
• Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR,
• Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and
• Ability to ensure costs are in compliance with contract terms and federal and state requirement
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to
Federal -Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by
the following:
• Sanctions and Penalties - 23 CFR Pail 172.1 I (c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733
• Statements or entries generally - Title 18 U.S.C. Section 1001
• Major Fraud Act -Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $1,036,250 on all State and FAHP contracts for Architectural &
Engineering services that the consultant received in the last three fiscal periods.
• The number of states in which the consultant does business is 2
• Years of consultant's experience with 48 CFR Part 31 is 20
• Audit history of the consultant's current and prior years (if applicable)
❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans ICR Audit
El CPA ICR Audit
❑ Federal Gov't ICR Audit
1, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the
Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost
principles have been removed and comply with Title 23 U.S.0 Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and
all applicable state and federal rules and regulations. 1 also certify that 1 understand that all documentation of
compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the
federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**: Aaron Badavinac
Signature:Email**. aaron.badavinac@towill.com
Title**: Chief Financial Officer
Date of Certification (mm/dd/yyyy): 10/18/2019
Phone Number": 925.682.6976 ext. 1001
**An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a
Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit I0-Kforms.
Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by
Caltrans Audits and Investigations.
Distribution: 1) original -Local Agency Project File
2) Copy -Consultant
3) Copy - Caltrans Audits and Investigations
Page 2 of 2
March 2018
u
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Local Assistance Procedures Manual
EXHIBIT 10-II2 COST PROPOSAL
Certification of Direct Costs:
1, the undersigned, certify to the best of my knowledge and belief that a0 direct costs identified on the cost
proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the
contract terms and the following requirements:
7. Generally Accepted Accounting Principles (GAAP)
8. Terms and conditions of the contract
9. Title 23 United States Code Section 112 - Letting of Contracts
10. 48 Code of Federal Regulations 3'art 31 - Contract Cost Principles and Procedures
11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
Engineering and Design Related Service
12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: Aaron Badavinac
Title': Chief Financial Officer
Signature: 4�27i[ e,-4,4 n+.er.Q3ate of Certification (mm/dd/yyyy): 02/14/2023
Email: aaron.badavinacPtowill.com Phone Number: (925)682-6976
Address: 2300 Clayton Rd. #2300, Concord CA 94520
" An individual executive or financial officer of the consultant's or subconsultant's organization at a level
no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent
the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Survey and Mapping
EXHIBIT 10-1I2
Cost Proposal
Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: City of Santa Ana, California 2. Contract DBE Goal: 0.10%
3. Project Description: On -Call Professional Land Surveying Services
4. Project Location: Citywide - Santa Ana, California
5. Consultant's Name: Towlll, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000.00
8. Total Dollar Amount for ALL Subconsultants: $ 95,000.00 _ 9. Total Number of ALL Subconsultants: 1
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Field Surveying Support
3110
Chaudhary & Assoc., 211 gateway
Road W, Suite 204, Napa, CA 94558
G g5,000.0C
Phone: 707.256.2729
- Local Agency to Complete this Section
$95,000.01
20. Local Agency Contract
nl„mhar'
14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal -Aid Project Number:
22. Contract Execution
0.10%
Hera
Local Agency certifies that all DBE certifications are valid and information on.
IMPORTANT: Identify all DBE firms being claimed for credit,
this form is complete and accurate.
regardless of tier. Written confirmation of each listed DBE is
required.
el5z zgf�" 2/15/23
23. Local Agency Representative's Signature 24. Date
15. Preparer's Signature 16. Date
Aaron Badavinac 925.682.6976
25. Local Agency Representative's Name 26. Phone
17. Preparer's Name 18. Phone
Chief Financial Officer
27. Local Agency Representative's Title
19. Preparer's Title
DISTRIBUTION: 1. Original — Local Agency
2. Copy — Callrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de -obligation of federal funds on contract.
ADA Notice: For Individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
July 23, 2015
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant's Name - Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non -DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" coluinn.
%: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract
Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-I--I DBE Information - Good Faith Efforts of the LAPM).
15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must
sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
Page 2 of 2
July 23,2015
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Local Assistance Procedures Manual Erhart ]0-H
Local Assistance Procedures Manual EXHIBIT 10-142
Cost Proposal
Notes:
1. Key personnel must be marked wllh an asterisk (•) and employees that are subject to prevailing' wage requirements must be marked with Me asterisks (' ).AII costs
must comply with the Federal cost principles. Subcensultants will provide [heir own cost proposals.
2. The cost proposal format shall not be amended.
3. Billing rate=actual hourly rate' (1+ICR) • (1+Fee). Indirect cost rates shall be updated on an annual basis In accordance with the consultant's annual accounting period
and established by a cognizant agency or accepted by Caltrans. Al costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that clesslllcallon.
EXHIBIT 10-112 COST PROPOSAL Page 2 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Chaudharv&Associates, Inc. ❑ Prime Consultant ❑ Subconsultant
Project No. City of Santa Ana Surveying Contract No. 19-090 Date 2/23/2023
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item
Quantity
Unit
Unit Cost
Total
Mileage Costs
$
$
Equipment Rental and Stipples
$
$
Permit Fees
$
$
Plan Sheets
$
$
Test
$
$
Traffic Central
Vehicle
$
$
Sribconsultant t:
$
Subconsultent 2:
$
Subconsultant 3:
$
Subconsrdtanl 4:
Is
Suhconsultunt 5:
Is
Subconerdtant 6:
Is
Note: Add additional pages ifnecessary.
NOTES:
1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of.liMt and e o uset type.
3. Itch when incurred for the same pmpose, in like circumstance, should not be included in any indirect cast pool or in fire overhead rate.
4. Item such se special feeling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools o£tbe trade' are or reimbursable es other direct cost.
6, Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Detachment of Personnel Administration rules.
y. If mileage is claimed, the .to should be properly supported by the consultants calculation of their, actual casts for company vehicles. In addition, the miles
claimed should be supported by mileage logs.
8, If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procesho a for all of than contracts and that they
do not own any vehicles that could be used for the same purpose.
9. The cost proposal format shall not be amended, All costs must comply with the Pederal cost principles.
10, Add additional pages ifnecessary.
11. Subcoasultaats must provide their own cost proposals.
Lipp 15-01
Page 4 of 5
January 2018
Local Assistance Procedures Manual Exhibit 10-H
EXHIBIT 10-112 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the
contract terms and the following requirements:
7. Generally Accepted Accounting Principles (GAAP)
8. Terms and conditions of the contract
9. Title 23 United States Code Section 112 - Letting of Contracts
10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
11.23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
Engineering and Design Related Service
12.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: Arvin Chaudhary, PE, PLS Title *
President
Signature : Date of Certification (mm/dd/yyyy):
Email: arvin(fthaudharv.com Phone Number: 707-255-2729
2/23/2023
* An individual executive or financial officer of the consultant's or subconsultant's organization at
a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority
to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Land Surveying Services
Page 5 of 5
LPP 15-01 January 2018
Burrola, Melissa
From: City of Santa Ana <certificate-request@ctrax jdidata.com>
Sent: Thursday, June 8, 2023 7:55 AM
To: Marvin.miller@towill.com; Gloria.page@ioausa.com; Gilbert, Hayley; Burrola, Melissa
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Towill, Inc.
Name:
Project Towill Land Surveying TBD
Number:
Project Towill Land Surveying TBD
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY
NUMBER
AUTOMOBILE LIABILITY PSA0002558
GENERAL LIABILITY PSB0005460
PROFESSIONAL LIABILITY RDP0047227
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Thank you,
City of Santa Ana
PSW0004302
EXPIRATION
COI DATE
FILE NAME
DATE
Santa Ana COI
06/01/2024
06/05/2023
Exp
06012024.pdf
COI Exp 6-1-
06/01/2024
05/30/2023
2024 City of
Santa Ana.pdf
COI Exp 6-1-
06/01/2024
05/30/2023
2024 City of
Santa Ana.pdf
COI Exp 6-1-
06/01 /2024
05/30/2023
2024 City of
Santa Ana.pdf
1