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HomeMy WebLinkAboutMARK THOMAS & COMPANY, INC. (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CtRr4X _ CITY CLERK T�. A-2023-088-05 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MARK THOMAS & COMPANY, INC. FOR ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 16th day of May, 2023 by and between Mark Thomas & Company, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ® California ("City"). N `~ RECITALS N A. On February 21, 2023 the City issued a Request for Proposal No. 23-030, by which it desired to retain a Consultant having special skill and knowledge in the field of: Professional Engineering Services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-030. 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 Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-030, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of fifteen (15) separate consultants selected to provide services on an on -call basis under RFP 23-030. The total compensation for services provided by all consultants selected under RFP 23-030 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on May 16, 2023 and end on May 15, 2026, with the option for the City to grant up to a one, two-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible mediurn of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not _�Ow 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: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Page 3 of 10 (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANN, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Page 4 of 10 • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims Page 5 of 10 that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. ;(r � 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 6 of 10 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDIC f ION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Darin Johnson Associate Principal Mark Thomas & Company, Inc. 2121 Alton Parkway, Suite 210 Irvine, CA 92606 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN CITY OF SANTA ANA AND MARK THOMAS & COMPANY, INC. FOR ON -CALL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIF L i Jerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: ks (:�NABIL SABA Executive Director Public Works Agency CITY OF SANTA:ArA KRISTINE RIDGE City Manager CONSULTANT: Igo Lei1 Z W91 Associate Principal Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO, 23-030 The City of Santa Ana intends to retain Civil Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms Civil Engineering consultant(s) to provide professional services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide professional engineering services proposals on specific, project-by-projectbasis, based on an agreed -upon specific scope of services and fees. In general, work consists of general engineering design projects, Funding sources for each project may vary for each project/task order assignment shall comply with the fitnding agency's requirements. The projects may include water and sewer infrastructure design and rehabilitation improvements, storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and. other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for mapping and legal description preparation, construction management, staking and inspection. Occasionally the City may also need geotechnical, electrical, mechanical, structural, and other specific infrastructure related services. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require 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. City of Santa Ana RFP 23-030 Page AM Scone of Services The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required. The work in general, consists of work in the following areas and not limited to: • Civil- Design • Transportation/Traffic • Structural • Geotechnical • Land Surveying • Architectural • Landscape Architectural and Irrigation • Environmental • Electrical • Mechanical • Instrumentation and Control Systems • Fire Protection • Land. Surveying - Financial and Economic Consulting Engineering In addition to general engineering design projects Consultants may be asked to perform the following tasks: • Hydraulic modeling of the water distribution, stone water, and sewer collection systems • Evaluations, studies and recommendations related to water wells, reservoirs, water treatment systems, disinfection systems, pressure control systems, andsewage lift stations, • Electrical and industrial control systems evaluations, studies, drawings, docmnentation and recommendations • Mapping Services • Legal Description Preparations • Grant Writing- Services • Environmental/Planning Support • Construction Management Support • Pavement Management • Special Engineering Studies/Reports/Compliance and Investigations • Regulatory Compliance with Federal and State and Local Agencies • Financial/cash flow analysis- public works programs • Assessment and District Formation Services • Sustainable Infrastructure Services • Right of Way Studies If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). City of Santa Ana RFP 23-030 Page Ai-2 For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant, The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for plans specifications and estimating (PS&E) for ct+gineering project preparation and special studies/investigations shall include and in be in conformance with the latest editions of the following: Title 24 of the California Code of Regulations (California Building Standards. Code). American Water Works Association, California Department of Transportation, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. As part of the preparation of the PS&E, the consultant shall prepare the special provisions pertaining to the items of work included in the plans that are not addressed on the latest editions of the applicable standards. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall, include the following: • Project Management Plan — the consultant shall provide a detailed management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. City of Santa Ana RFP 23-030 Page Al-3 The Consultant shall perform engineering design set -vices resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as -needed basis, However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include but are not be limited to; 1. Research existing records of utility companies and agencies and coordinate die proposed improvements with existing field conditions. 2. Conduct an environmental assessment for each project and prepare all documentation required to comply with California Environmental Quality Act (CEQA), and or National Environmental Protection Act (NEPA), (If required) 3. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CARD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be oil forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some, of the sidewalk, curb and gutter, and pavement replacement projects, 4. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boilerplate to the Consultant. 5. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum paper using Microstation V8i CADD software program. All drawings shall be completed per the City of Santa Ana CADD Standards and any special provisions thereof. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes, If so, the Consultant team will provide plans and/or specifications accordingly, 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/in-charge of the project. City of Santa Ana RFP 23-030 Page Al-4 7. If a part or the on -call project scope, tite Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to: a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre -construction meeting. b. Review and approve all submittals and shop plan drawings required supporting the constmction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt, c. Respond to written. Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 8. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as-bridt plans and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built plans shall be submitted, to the City with an electronic copy (in Microstaton V8i CADD andpd£ formats) of the final as -built drawings via CD ore - mail. 9. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility ofthe Consultant to produce a professional -level quality of work product. 10, If included in the on -call project scope, attend meetings with the City staff as required. 11. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, pemtits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 12. If included in the on -call project scope; the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. All information regarding the plans and specifications and or documentation related to the project and approved bythe City, will then become property of the City, City of Santa Ana RFP 23.030 Page AM A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant, All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. COnStrnetinn Plans„ Standard Specifications and Estimate (PS&E) Preliminary Design - Attend project scope meeting with City Staff to review project details. Consultant shall field review, inspect and conduct all necessary surveys to prepare a Preliminary Design Report (PDR) or alternatives, preliminary cost estimate and preferred alternative as requested by the project manager, A (PS&E) package shall be submitted to reviewat 30% design for independent City review. A (PS&E) package shall be submitted to review at 60% design for independent City review. A (PS&E) package shall be submitted to review at for FINAL independent design review. The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks. One (1) copy of the documents with comments will be returned to the consultant. Unless„ several agencies are involved in the review process multiple documents with comments will be provided to the consultant. After the final design comments have been incorporated the consultant shall provide the City with final (PS&E) package ready forbid. See Section - General Requirements and Project Deliverables Section. ProlectSchedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall fainish two copies of all completed work or partially completed update/status since the last progress review meeting, Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City Responsibilities: The City will provide information in its possession relevant to the preparation of [tie required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. Furnish scope of work and provide general direction as needed for the assigned project All plan check coordination within the City Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) Electronic files for title sheets and sheet borders Facilitate meeting space and coordination and City facilities City of Santa Ana RFP 23-030 Page Al-6 Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein shall remain valid for one (1) fill calendar year following contract execution. Subsequent rates'slt�ll be renegotiated between the firm and the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other TCrm3 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 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. Ducting the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-030 Page Al-7 EXHIBIT B CONSULTANT'S PROPOSAL c m 0 MARK THOMAS CONTENTS 1 a. Cover Letter......................................................................... 1 1 b. Contract Agreement Statement ........................................... 3 1 c. Firm and Team Experience .................................................. 4 1d. Understanding of Need ........................................................ 10 le. Willingness to Comply with Agreement Terms ..................... 3 1 f. References........................................................................... 19 Appendix 1 c. Resumes...................................................................... A-1 2. Scope of Services and Schedule .................................. A-9 3. Fee Proposal (Separate Envelope) 4. Certifications • Attachment 3-1: Non -Collusion Affidavit .................... A-17 • Attachment 3-2: Non -Lobbying Certification .............. A-19 • Attachment 3-3: Non -Discrimination Certification...... A-20 MARK THOMAS Ori „.ii :_'��i: i'i?I c:� �:'i _ES IA. COVER LETTER \I MARKTHOMAS March 14, 2023 City of Santa Ana Attn: Sean Thomas Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Dear Mr. Thomas: The City of Santa Ana (City) is seeking consultants to provide on -call engineering services for a variety of Capital Improvement Projects (CIP) citywide. Mark Thomas is a recognized leader in the planning, design and management of local agency projects, making our team ideally suited to deliver your task orders under this on -call contract. We have delivered hundreds of general civil engineering projects ranging from the planning phase and conceptual design phase through the final design and construction phases. We have in-house personnel and a team of specialty subconsultants with the necessary expertise in a wide array of disciplines to support your anticipated infrastructure improvements. In addition, we have grant funding experts who are knowledgeable about federal and non-federal funding sources as well as the administration of these grant funds. Mark Thomas has extensive experience providing a wide range of civil and structural engineering, landscape architecture, and surveying services for infrastructure projects throughout California. Our firm focuses on client satisfaction by providing proactive service and the delivery of task orders on schedule and within budget. We offer the City key benefits including: Project Manager with the Right Experience. Our team will be led by Pat Somerville, PE, as contract manager and quality oversight. Pat is a former public sector employee who has over 37 years of experience managing and delivering CIP projects for public works agencies throughout southern California. His vast experience encompasses projects similar to your CIP, including street improvements, sewer, storm drain, streetscape, active transportation, transit and even buildings and facilities. Pat's experience also includes delivering task orders and projects for Santa Ana for nearly 20 years. He brings in-depth knowledge of local agency policy and procedures, guidelines and standards, and will work with the City to produce efficient and cost-effective solutions on each task order assigned to Mark Thomas under this on -call. Strong and Dedicated Project Team. Pat will be supported by a full team of technical staff and subject matter experts who were selected because of their abilities to manage the variety of anticipated projects. We provide key personnel that have worked in the public sector, so they know and understand what's required to be successful. In addition to our in-house staff we have a strong group of subconsultants supporting our team, including: MARKTHOMAS.COM u MARK THOMAS Six of these firms are DBE certified, allowing us to easily meet your existing and future DBE goals. These well -qualified firms have been selected based on the strong working relationships we hold, and their extensive experience working within the Orange County region. Depth of Resources. We have structured our team specifically to provide you the depth of resources needed to successfully deliver your CIP. We have provided an overlap in many disciplines, not only to ensure DBE compliance, but to provide additional rer -urces that will enable us to deliver multiple, concurrent task orders. This approach has been proven on other on -call contracts and will help ensure that the City can meet its commitments in delivering the CIP. Successful On -Call Task Order Management. Mark Thomas staff is highly familiar with the management of on -call contracts and the execution of various, and often concurrent, task orders. We have recently or are currently managing on -call contracts for over a dozen agencies throughout Southern California. Our approach to providing successful on -call services is characterized by carefully listening to our clients' needs and goals, proactive communication, and being highly responsive. Under Pat's leadership, the City can be assured that each task order will be executed on time, within budget, and with exceptional quality. With our successful history delivering on -call projects, and the experience of our team and subconsultants, we are uniquely qualified to develop and deliver the City's projects over the life of this contract. The project will be managed from our office located at 2121 Alton Parkway, Suite 210, Irvine, CA 92606. Pat Somerville will oversee the services and be the City's primary contact. He can be reached at (714) 815-5222 or psomerville@markthomas.com. We have recieved and acknowledge the receipt of Addendum #1 dated 2/24/23 and Q & A Set 1-8. As an Associate Principal of Mark Thomas, 1, Darin Johnson, am authorized to negotiate and contractually bind the firm. We have included our contract comments for the City's consideration. We do not have any existing or potential conflict of interest that could arise from this engagement. By submitting our proposal, we commit to providing the City with a highly experienced team, dedicated to the successful management and delivery of this on -call. We are excited to partner with the City and look forward to the successful delivery of the task orders. Sincerely, MARK THOMAS & COMPANY, INC. Darin Johnson, PE Associate Principal Pat Somerville, PE Contract Manager / Quality Oversight �; 1�� j 2121 ALTON PARKWAY, SUITE 210 IRVINE. CA 9260 MARKTHOMAS.COM PAGE ti 0. ; . rt if. Lit i ii liuciiiii STANDARD AGREEMENT ADJUSTMENTS Mark Thomas has reviewed "ATTACHMENT 2: STANDARD AGREEMENT" in the RFP. Darin Johnson, PE (Principal in Charge) is our authorized signer. If selected to work on this project, we respectfully request the City to consider the following modifications. Additions are included in red text and deletions are included in strikethreagh. SECTION 8— INDEMNIFICATIONS,, Request to revise language as follows: With respect to its operations, other than the performance of Design Professional services, Consultant agrees to -'-`-� indemnify and hold harmless, but not defend, the City, its officers, and- agerits, employees, earitreetairs, speeial eatimsel, arid irepireseritatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. .......- -- -.._ _..._.­ _��..._-. .-1 -.... - - - - -- --. --- ----I •- With respect to its operations in the performance of Design Professional services when the Services to be provided under this Agreement are to be performed by a "design professional," as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnity and hold harmless (but not defend) City, its officers and employees, from and against liability for damages to the extent caused by Consultant's, recklessness, negligent acts, errors or omissions, or willful misconduct in the performance of services under this Agreement, except such loss or damage caused by the negligence or willful misconduct of the City. Consultant has no obligation to pay for any defense related cost prior to a final determination of liability, or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of Consultant, except as provided in Civil Code Section 2782.8(a) and (e). ON -CALL ENGINEERING SERVICES MARK THOMAS City of Santa Ana Page 3 FIRM QUALIFICATIONS ABOUT MARK THOMAS Mark Thomas provides civil and structures engineering, surveying, landscape architecture, planning & urban design, construction management, and grant writing services to clients throughout California. Since the company's founding in 1927, we have focused on providing excellent client service and delivering projects with a tailored approach to meet our clients' goals. We are a mid -sized firm. Our reputation is realized through„m;)re than 320 team members in offices that are strategically located to support the communities in which we live. Originating in San Jose (corporate headquarters), we have grown to establish 11 offices - three of which are in Southern California - Irvine, Lakewood and Ontario. Mark Thomas is built on providing sound, innovative engineering solutions and high -quality customer service for transportation, public works, and infrastructure improvement projects. Our solutions have benefited all types of transportation improvements projects including complete streets/streetscape design, active transportation planning, roadway widenings and reconstructions, pavement rehabilitations, ADA improvements, and highways. ON -CALL & PUBLIC AGENCY EXPERTISE We have significant experience providing on -call services. We know the importance of being responsive and flexible when meeting project needs. We have expertise in providing task order driven services with limited budgets and fast -track schedules. With more than 75 staff in Southern California, we can easily staff multiple concurrent projects. We apply a flexible and progressive approach that balances the needs of stakeholders and the community. Our unique ability to understand each project and develop designs that fit within the context of the neighborhood and community has been the hallmark of many of our projects. We have served clients throughout California, including cities, counties, local municipalities, and other various public agencies. Our staff has extensive experience working as an extension of our clients' staff, and brings an unmatched understanding of public agency procedures and requirements. PRIMARY CONTACT PERSON 96 320+ years in business team members >6K 11 projects delivered offices statewide As Contract and Quality Oversight Manager, Pat Somerville will be the primary contact for the City. His complete contact information is shown below. Pat Somerville, PE, Contract and Quality Oversight Manager (714) 815-5222 1 psomerville@markthomas.com 12121 Alton Parkway, Suite 210, Irvine, CA 92606 MARKTHOMAS Page 4 ON -CALL ENGINEERING SERVICES City of Santa .Ana SUBCONSULTANTS In order to provide comprehensive services, we have selected trusted subconsultants to help us deliver task orders for the City. We selected our team based on our ongoing working relationship and previous track record of success with them on similar types of projects. We have provided a suite of DBE certified subconsultants to ensure your DBE goals are met on both State and Federally funded projects. This also provides a depth of resources that allows our team to deliver concurrent task orders for the City. All of our subconsultants have excellent reputations and are extremely competent, qualified in their areas of expertise and have a proven history of delivering for their clients. AKM Consulting Engineers c$E Water and Sewer Systems ` AKM specializes delivering the planning and design for all facets of water, wastewater, and sewer systems and facilities for local agencies throughout Southern California. BOA Architecture DBE Architecture & Buildings BOA has delivered architectural services for over 80 local agencies, specializing in civic centers, police and fir stations, community centers, libraries, and ADA compliance. Fehr & Peers Transportation Planning Fehr & Peers (F&P) is a leader in providing transportation planning and engineering services to public sector clients and is at the forefront of emerging technologies. CL Survey DBE Survey & Mapping CL Survey provides professional land surveying services throughout Southern California, including aerial mapping and photography, field survey and right of way engineering services. Earth Mechanics DBE Geotechnical Earth Mechanics is the preeminent Southern California geotechnical firm specializing in transportation projects. They provide geotechnical, foundation and pavement analysis for bridges, roadways, and bikeways. EPS SBE Financial Analysis EPS is a land economics consulting firm providing a full spectrum of services related to market analysis, public/private partnerships, and financing of government services and public infrastructure. GPA Consulting DBE Environmental & Permitting GPA specializes in environmental planning, biological resource studies, historic preservation and providing NEPA and CEQA environmental clearance for transportation and infrastructure projects. LIN Consulting DBE Signals & Lighting LIN is a long-time partner of Mark Thomas and specializes in traffic engineering, including traffic signals, pedestrian signals or beacons, street lighting and pedestrian lighting facilities. Tatsumi & Partners, Inc. DBE Landscape Tatsumi & Partners has earned a reputation for being one of the premiere public works landscape architectural firms with expertise in aesthetics, planting and irrigation design. ON -CALL ENGINEERING SERVICES City of Santa Ana MARK THOMAS Page 5 ORGANIZATIONAL CHART Mark Thomas understands the importance of assembling a team who will be available throughout the duration of this contract. Our team consists of experienced personnel with past successful participation providing on -call services and project delivery. The organizational chart also reflects our ability to address any project need along with the depth of resources to handle concurrent task orders. As the contract manager, Pat Somerville will be the City's primary contact. The associates in charge when the Pat is unavailable would be the Task Order Managers. Resumes and availability for contract manager and key personnel are included in the appendix along with a table of our supporting staff and subconsultants. Pat Somerville, PE ­41 .-�& KPv Staff CIVILIROADWAY DRAINAGE/ TRAFFIC ACTIVE UTILITY/ LANDSCAPE Xavier Espinosa, PE HYDRAULICS ENGINEERING TRANSPORTATION RIGHT-OF-WAY ARCHITECTURE Ken Doty, PE, QSD Ricky Chan, TE, Paul Martin, TE, LCI Josh Cosper, PE, Erik Smith, PLA PTOE PLS, QSD CIVILIROADWAY CONSTRUCTION MANAGEMENT UTILITIES/RIGHT-OF-WAY TRANSPORTATION PLANNING Kimberly Barling, PE Mazen Mneimneh, PE, QSD Robert Vasquez, PE, QSD Stephen Patchan Narut Leehacharoenkul, PE Andrea Hernandez Jason Pack, TE (F&P) Jesseca Martinez STRUCTURES Rachel Yazawa-Taylor, PE Julie Passalacqua, PE LEGAL DESCRIPTIONS & ENVIRONMENTAL Ashley Farris Jason Hickey, SE PLATS Erinn Silva (GPA) Chuck Kamnathilake Byron Cazar, CFedS, PLS G EOTEC H N ICAL/PAV EM ENT Alahesh Thurairalah, PE, GE (EMI) ACTIVE TRANSPORTATION Aaron Silva, PE Ravi Shah, PE DRAINAGEISTORMWATER Flora Diaz, PE, QSD Tyler Hodges, PE SIGNALS & LIGHTING Kendra Robley, PE (F&P) Ray Kommidi, TE (LIN) ARCHITECTURE SERVICES Lok Ng, PLA, LEED AP (BOA) SURVEYIMAPPINGIROW Steven Heise, PLS Lam Le, PLS (CL Survey) LANDSCAPE ARCHITECTURE Jingwen Guo, PLA David Tatsumi, PLA (Tatsumi) WATERISEWER SYSTEMS Ben Porter, PE Zeki Kayiran (AKM) FINANCIAL ANALYSIS Julie Cooper (EPS) GRANT/FUNDING SUPPORT Ryan Bissegger MARK THOMAS Page 6 ON -CALL ENGINEERING SERVICES City of Santa Ana MEET YOUR CONTRACT MANAGER PAT SOMERVILLE, PE CA PE C56141 ' BS in Civil Engineering, CSU Long Beach » Former public agency employee with over 37 years of experience in transportation and public works improvement projects » Strong project, contract, and program management history on a wide variety of assignments and projects » Extensive City of Santa Ana Experience Pat will serve as the City's primary point of contact and will act as the Contract and Quality Oversight Manager. He brings more than 37 years of experience in civil engineering and management with a focus on municipal and capital improvement projects. He started his career in the public sector, working nearly 12 years for the City of Fullerton. This provides Pat with understanding of the inner workings of a City. Pat has delivery numerous projects for the City of Santa Ana, including over 20 task orders from previous on -call contracts with the City. These task orders included residential and arterial pavement rehabilitation, structural analysis of existing city parking structures, upgrades of various city facilities. Pat also worked as a consultant project manager, working out of City Hall two days a week for nearly 12 months managing various capital improvement projects. Pat was the deputy project manager for the widening of First Street over the Santa Ana River, including the replacement of the existing bridge, leading the delivery of the preliminary engineering, environmental document for CEQA/NEPA and the PS&E. As was the Design Integration Manager for the OC Streetcar project where Pat worked closely with City staff through the final design of the project. He led the efforts to address many challenges that faced the project and ensured the final results were acceptable to the City. This included the approach to impacts related to roadway, drainage, sewer, water, downtown 4th Street including new paver treatment, SARTC site modifications, and inclusion of bike facilities. IN ADDITION TO HIS WORK IN SANTA ANA, HIS ON -CALL EXPERIENCE INCLUDES: City of Long Beach On -Call Services: Across five separate contracts that Pat managed, over 30 task orders were delivered that included residential and arterial street reconstruction projects, over 9 miles of streetscape improvements including new raised medians, hydrology and hydraulic reports that supported major storm drain upgrades and stormwater facilities. Tustin Consultant CIP Manager Services: Working as an extension of city staff in City Hall, provided management services oversee and facilitate the CIP projects, including the annual major maintenance projects, coordinated issues in all phases of the project and prepared documents for the E-76 funding packages to submit to Caltrans to receive the necessary authorizations. City of Montebello On -Call Services: Contract manager for this on -call and has delivered 8 task orders in the first six months of the contract. Services include final design, street rehabilitation, landscape architecture, street improvement plan checking, right-of-way legal descriptions & plats, tract and parcel map reviews, Senior Center remodel and park refurbishment. City of Fullerton On -Call Services: Project manager providing on -call services that included the conceptual and final design services for the annual sewer program for three consecutive years, providing surveying and geotechnical services, performing third -party peer review of a grade separation project, and a feasibility study for 35-ft tall retaining walls at Lion's Field. ON -CALL ENGINEERING SERVICES City of Santa Ana MARKTHOMAS Page 7 KEY PERSONNEL *Full resumes of our key personnel can be found in the Appendix. 60% availability XAVIER ESPINOSA, PE CIVIL & ROADWAY TASK ORDER MANAGER REGISTRATION: CAPE C88927 EDUCATION: BS in Civil Engineering, CSU Los Angeles Xavier has 10 years of experience in small and large transportation projects within Southern California. His project experience includes corridor improvements, roadway realignment, highway widening, grade separations, street rehabilitation, and parkway improvements. RICKY CHAN, TE, PTOE TRAFFIC ENGINEERING TASK ORDER MANAGER REGISTRATION: CAPE C71389 I CA TE 2673 I CA PTOE 3658 EDUCATION: BS in Civil Engineering, UC Irvine Ricky has 23 years of experience in transportation, traffic, and municipal engineering projects. He has worked on a 55% variety of roadway, bikeway, and traffic related projects availability as well as site projects. Experience includes roadway geometrics, intersection widening, local street design, utility coordination, traffic engineering including design of signals, signing and striping, and traffic control design, construction inspection of traffic signal systems, and communication systems design, federal funding management, and PS&E projects. JOSH COSPER, PE, PLS, QSD UTILITY & RIGHT-OF-WAY TASK ORDER MANAGER REGISTRATION: CA PE C71667 I CA PLS 8774 1 CA QSD 00709 EDUCATION: BS in Civil Engineering, UC Irvine Josh has 19 years of experience in the design of transportation and public works improvement projects 50% including plan preparation, design report/memorandum availability preparation, PS&E, estimate preparation, and coordination with agencies for approval. His responsibilities have also included topographical/boundary survey, right-of- way mapping and analysis, and preparation of property acquisition documents. RELEVANT EXPERIENCE » Complete Streets Program, Los Angeles OC Loop Segment D, Orange County » Firestone Boulevard Widening, Norwalk » Long Beach Boulevard Green Street Improvements, South Gate RELEVANT EXPERIENCE » On -Call Services, Montebello » OC Loop Segment D, Orange County » Cannon Street Widening, Orange County » Jeffrey/Irvine Center Or Improvements, Irvine » Anaheim Boulevard and Water Street Intersection Improvements, Anaheim RELEVANT EXPERIENCE » Brea Canyon Road Widening, Orange County » Limonite Gap Closure, Eastvale » McKinley Street Grade Separation, Corona » SR-47/Front Street/ Harbor Blvd Interchange Improvements, Port of Los Angeles MARK THOMAS Page 8 ON -CALL ENGINEERING SERVICES City of Santa Ana KEN DOTY, PE, QSD HYDROLOGY & HYDRAULICS TASK ORDER MANAGER REGISTRATION: CAPE C47228 I CA QSD 47228 EDUCATION BS in Civil Engineering, Oregon State University Ken has 25 of experience in municipal and transportation engineering and specializes in transportation improvement 50% projects. He has led the design of the storm drain availability improvements, temporary drainage and water line during construction, and water and sewer relocations for projects. He also is experienced in the preparation of the hydrology and hydraulic reports. PAUL MARTIN, TE, LCI ACTIVE TRANSPORTATION TASK ORDER MANAGER REGISTRATION: CAPE C6586 I CA TE 2315 I CA LCI 4936 EDUCATION: BS in Civil Engineering, UC Irvine 00 lll�o Paul has 24 years of experience in transportation planning that focuses on improving public travel and safety. He is familiar with active transportation notwork improvement 55% recommendations, corridor analyses, alternative screenings, availability collision analyses and countermeasures. llERIK SMITH, PLA LANDSCAPE ARCHITECTURE TASK ORDER pl�, MANAGER REGISTRATION: CAPLA4585 EDUCATION: BS in Landscape Architecture, CSU Poly, San Luis Obispo 50% Erik has 27 years of experience and leads Mark Thomas' avai/abiCdy landscape architecture and planning division. His experience involves a full spectrum of professional services from feasibility studies, master planning, streetscape design and community outreach to construction management. His knowledge of various safety, traffic calming and streetscape issues has been essential to public agency clients in achieving workable solutions. RELEVANT EXPERIENCE » Brea Canyon Road Widening, Orange County » Campus Parkway Phase 2 & 3 PS&E, Merced County » On -Call Civil Engineering Services, Long Beach RELEVANT EXPERIENCE » OC Loops Bikeway Study, Orange County » Standard Avenue Bikeway, Santa Ana » San Fernando Road Beautification and M u Iti moda I Improvements, Glendale » Garden Grove Boulevard Complete Street, Westminster RELEVANT EXPERIENCE » On -Call Warner Avenue Improvement and Widening Phase 1 Design » Firestone Boulevard Widening, Norwalk » Long Beach Boulevard Green Street Improvements, South Gate ON -CALL ENGINEERING SERVICES City of Santa Ana MARKTHOMAS Page 9 PROJECT UNDERSTANDING The City of Santa Ana is seeking consultant engineering design services on an on -call basis for projects throughout the City. STEP 1 The City's CIP is vast with a wide variety of project types. Mark Thomas brings you a team that can deliver the services Project is identified requiring the necessary to address any CIP project. These projects consist of Mark Thomas team. work related to streets and active transportation; sewer, water and storm drain; landscaping and irrigation; traffic studies, engineering and traffic signals; city -owned facilities such as parks, parking lots and buildings; and economic and funding STEP 2 support services. Mark Thomas understands that through the on -call contract, the services may include project management, Mark Thomas' contract conceptual and final design, third party coordination and manager meets with the City permitting, support through the bid and construction phases. staff to discuss the project. Mark Thomas is familiar with providing on -call services, knowing we are to function as an extension of staff to assist in delivering the volume of projects in your CIP. The key to successfully completing on -call services is to have the depth of staff and STEP 3 a strong cadre of specialty subconsultants, including DBE subconsultants to ensure that project specific DBE goals can Mark Thomas develops and be met. With a staff of over 320, Mark Thomas stands ready to submits the scope of work and provide the staff and services needed to support the City. fee for the project. With the resources available to Mark Thomas, multiple task orders can be performed concurrently, and with the strength of the task order managers, these tasks will be delivered on time STEP 4 and on budget. We will help you deliver your CIP and meet your commitment to your community. Mark Thomas meets with the The following work plan represents our general project approach. City to review and finalize Mark Thomas will develop a specific work plan for each task the budget and schedule order for which we are selected. The key to our approach is to requirements. provide the right team for each task. We use a five -step process shown in the figure to the right to ensure timely and effective response to our client's STEP 5 requests for on -call services. Upon approval and receipt of TASK ORDER APPROACH the Engagement Letter, our project manager will mobilize Our approach to on -call contracts is grounded in our the team and begin work. understanding that successful projects, including at the task order level, are a direct result of the following elements: » A commitment of our qualified engineering, design, support staff, and additional resources via teaming partners as is necessary to deliver every task order on time and within budget » Acting as an extension of City staff, including always looking out for the City's best interest » Being responsive and collaborative in order to meet the needs of the City and the public MARKTHOMAS ON -CALL ENGINEERING SERVICES Page 10 City of Santa Ana » Monitoring design activities and delivery schedules through a committed Quality Assurance/Quality Control process » Providing direction on the most beneficial and cost-effective task order solutions Mark Thomas has developed the following general approach to a street and/or active transportation PS&E task order. Ultimately, each task order is completed with a tailored approach according to the City's specific needs, budget, and schedule. For projects with State and/or Federal funding, Mark Thomas will assist the City in the administration and processing of the necessary documents with Caltrans Local Assistance, including right-of-way certifications and Requests for Authorization. ,;I`ROJECT MANAGEMENT AND ADMINISTRATION Mark Thomas will gather readily accessible information on the project and will conduct a detailed project site visit during our scope development process where applicable. This will confirm our project understanding and help us answer key technical questions, even before task order notice to proceed (NTP) is received. We will drive the project schedule, evaluate and monitor budgets, perform quality control, conduct project meetings including agendas, exhibits and meeting minutes. BASELINE REVIEW AND PROJECT DEFINITION Our team will conduct a detailed walk audit of the project site, identifying existing conditions and deficiencies related to pavement condition, curb, gutter and sidewalk conditions, ADA compliance and other elements that may affect the proposed project. Survey and mapping will be conducted to provide a project basemap. Other site - specific information will be obtained, including as-builts and facility maps from pertinent agencies and utility owners (utility "A" letter request). KEY DELIVERABLES » Agendas & Minutes » Progress Reports » Schedule Updates Quality Control & Audit KEY DELIVERABLES » Site Audit » As -Built Plans » Utility "A" Letters » Survey & Mapping CONCEPT/PRELIMINARY DESIGN DEVELOPMENT Early pre -concept design identification of constraints provides us with flexibility, allowing for more time to mitigate risks and incorporate cost- effective solutions in the project. Mark Thomas will include preliminary design tasks in the scope of work for the project. We will analyze alternatives to determine their relative impacts and prepare preliminary construction cost estimates to assist the City in evaluating each alternative. For each alternative, if needed, we will identify the right-of-way impacts and address the required CEQA and NEPA (if necessary due to funding) environmental clearance and documentation for the project. With the alternative set, additional studies will be performed including geotechnical, stormwater WQMP, and potholing (if necessary). KEY DELIVERABLES » Preliminary Plans (30%) » Cost Estimate » ROW and Utility Impacts » Environmental Clearance » Geotechnical Report » WQMP » Potholing, if necessary ON -CALL ENGINEERING SERVICES City of Santa Ana MARKTHOMAS Page 11 FINAL DESIGN Generally, when a project reaches the final design phase, all KEY DELIVERABLES conceptual/preliminary design tasks have already been completed and environmental clearance obtained. During the final PS&E phase, our » PS&E at 60% & Final team will prepare the project plans in Microstation. Specifications will >> ROW and Utility be prepared based on the Greenbook and City special provisions. A Impacts construction cost estimate will be produced for the City, identifying all Utility "B" & "C" Letters bid items along with quantity backup. >> ROW Legals & Plants Utility coordination will be ongoing through the final design phase with "B" and "C" Letters sent out with any utility impacts identified and cost liability determined, to ensure no delays in construction. Additionally, if a project requires the acquisition of any necessary right-of-way and or easement, our team can produce legal descriptions, appraisal maps, and right-of-way maps necessary for any fee takes or temporary construction easements. CONSTRUCTION PHASE At the completion of the final design phase, Mark Thomas will assist KEY DELIVERABLES the City through the bid and construction phases of the project. During the bid phase, we will respond to inquiries, assist in addenda N Bid Addenda (if needed) preparation if required, and review the bid results. » Bid Analysis During construction we will support the City construction management D RFI Responses and inspection crews, including attendance at the pre -construction n Submittal Reviews meeting, respond to requests for information (RFI), review shop » As-Builts drawings and submittals and prepare as -built record drawings. MANAGEMENT APPROACH For the delivery of an on -call services contract through a task order basis, it is important to have an experienced project manager and a well -thought-out Project Management Plan (PMP). One of the first items of work is to prepare a PMP that sets the expectations and serves as a guidebook as task orders are developed and executed. PROJECT MANAGEMENT PLAN The preparation of a PMP is crucial. PMPs are prepared shortly after NTP and serve as a guide for project implementation and management. The PMP provides a baseline of project objectives to achieve, how it is to be achieved, who will be involved, how it will be reported and measured, and how information will be communicated. With an on -call contract, we create an overarching PMP that includes items such as the contract contact list, communication protocols, budget tracking and invoicing procedures. The PMP will be amended for each specific task order and will include the following: Project Overview and Objectives Project Scope, Requirements, and Deliverables Project Team Roles and Responsibilities Project Budget » Schedule and Key Milestones Quality Control Approach MARK THOMAS ON -CALL ENGINEERING SERVICES Page 12 City of Santa Ana While the PMP serves as a guide, it is active and engaged project management that keeps our projects on schedule and under budget. The following are the keys to our successful delivery: Continual Budget Control We use Deltek for all our accounting functions. Deltek has modules 'Project Review" and "I -Access' that allow project managers to enter budgets for Mark Thomas and the subcontractors and track spending in real-time. We use these modules to track earned value on our project and will be done for each task order. Our Work Breakdown Structure forms the base for our budget. As shown in the chart, we plan our work using a resource loaded schedule, monitor the project progress, and track the planned budget vs. actuals, and we report this to the City on a monthly basis. We review and report any variations along with a corrective action plan. 20,000 1A 10,000 0 5,000 35% 50% 65% 95% 100% TIME AND COMPLETION 'LEV- rot. Proactive Schedule Management Our project managers are taught to take a proactive approach for planning project activities, looking ahead and drilling down to track tasks critical to achieving each milestone. Identifying the risks to the project schedule and mitigating them by advancing early activities where possible without the risk changes later in design. Our strategy for keeping projects on schedule is simple, track the action items, communicate key milestones often and over communicate. "Mark Thomas continues to show flexibility and adaptation with changing project circumstances to ensure the project fulfills grant funding budget and schedule. The team is well-rounded, responsive, and proactive to meet project and design team needs." - Sarah Aziz, Project Manager, Port of Los Angeles ON -CALL ENG IN EER ING SERVICES MARKTHOMAS City of Santa Ana Page 13 DELIVERING QUALITY PRODUCTS, EVERY TIME Mark Thomas is committed to delivering quality products that meet the City's expectations. For each project, we develop a project -specific Quality Management Plan (QMP) that will guide the quality review process. We leverage our firmwide Quality Management System (QMS) that provide the tools necessary to ensure quality deliverables. The PMPs/QMPs stipulate the deliverables and schedules for the various levels of quality control reviews to be conducted throughout the project. Our project managers perform on -going reviews as the project develops and Quality Control Reviews/Accuracy Checks are conducted for every completed work product. Before delivering to the client, fresh eyes are provided by Independent Technical Reviews which are conducted by those who are knowledgeable but not involved in the day-to-day project development. Interdisciplinary reviews are conducted on projects that bring together multiple disciplines to proof their integration. Key elements of our QMP include: Subconsultant Quality Response Procedures Mark Thomas requires each of our subconsultants follow our QMP to ensure the entire team is following the same procedures and developing quality products team -wide. Our quality manager will provide necessary training and will perform audits on the subconsultant QA/QC documentation. �I Aformal response procedure is used to track comments received on our deliverables— taking a proactive stance in addressing issues and comments as they arise and tracking them using a Review Comment Matrix through resolution. Our Project Manager personally ensures each comment is resolved prior to the subsequent submittal. To ensure delivery of high quality products, Pat Somerville will head the quality management, verifying all quality control measures have been completed. This includes personally reviewing our response to comments to check that comments have been properly addresses prior to the next submittal. Quality Control Audits Mark Thomas conducts internal quality audits to verify overall conformance with approved policies and procedures and to document any problems related to QA/QC activities. Internal audits will be conducted after major submittals as determined by the Auditor and Project Manager for each project. GOAL: GOAL: GOAL: GOAL: To validate all components To provide consistency To use independent peer To verify that the quality within a discipline, among disciplines by review teams to evaluate control process conforms including specifications, eliminating conflicts and project components with procedures prior to plans, studies, reports, promoting collaboration for thoroughness, client submittal, including standards conformance, in the production of all completeness and QA documentation, quantities, estimates, engineering documents adherence to project closeout checklists, and other documents ii, related to the project i, goals and schedules i, signatures and audits MARK THOMAS ON -CALL ENGINEERING SERVICES Page 14 City of Santa Ana PROJECT EXPERIENCE Mark Thomas has significant experience providing on -call services for local agencies, including well over 50 agencies in California. Locally, these include the cities of Yorba Linda, Anaheim, Fullerton, La Mirada, Montebello, Irvine, Pomona, Rialto, Banning and the counties of Orange, Riverside and San Bernardino. We understand the importance of being flexible and responsive when meeting project needs. We consider ourselves experts in providing task order driven services with limited budgets and reduced schedules. Over the years we have found that the cornerstone of a successful project is for us to operate as an extension of City staff. Our longevity and local experience serve as clear evidence that we know how to manage and deliver projects. Following are a sampling of our relevant projects that demonstrate our ability to deliver a wide range of services. CITY OF SANTA ANA Mark Thomas is currently providing the City of Santa Ana with on -call engineering services as well as separate contracts for additional services. A sampling of our work includes: Santa Ana Grade Boulevard Separation: Provided value engineering services to develop an alternative solution to reduce right-of-way impacts and project costs. Prepared funding strategies and State and Federal funding grant applications for TIRCP and RAISE, respectively. Santa Ana Stadium Structural Repairs: Prepared a memorandum documenting the site investigation, analysis and recommendations for the structural repairs at the stadium. Provided final design services and PS&E for the project. Standard Avenue Bike Lanes: This Bikeway Project was developed collaboratively with the community and formalized in the Central Santa Ana Complete Streets Plan. It addresses multimodal mobility needs with high -quality public space improvement. Mark Thomas is leading the preparation of engineering design plans (PS&E) to right -size and reconfigure two miles of Standard Avenue from Warner Avenue to First Street. The project includes buffered bicycle lanes, separated bikeways, and shared use bicycle routes as well as green conflict striping, crosswalks, and landscaping. The project will include the first protected intersection design within the City at Standard Avenue/McFadden Avenue and continue to anchor Santa Ana as a community that delivers mobility solutions for the residents. Warner Avenue Improvement & Widening Phase I: Provided design services for the widening of Warner Avenue, from Main Street to Oak Street. The project will widen the roadway from a four -lane undivided arterial to a six -lane divided arterial to conform to the City and County Arterials Master Plan. Project includes improvements to the Main Street intersection and five residential streets. The project also includes landscape improvements and permanent water quality improvement features within the parkway areas. Design includes a curb separated Class IV protected bike lane that will connect to the regional Pacific Electric Bicycle Trail Class I. ON -CALL ENGINEERING SERVICES MARK THOMAS City of Santa Ana Page 15 CITY OF YORBA LINDA Under multiple contracts, Mark Thomas has provided services on the following projects or task orders: Savi Ranch Parkway & Yorba Linda Boulevard Widening: Mark Thomas is preparing the PS&E for this $30M project to widen both roadways to improve throughput and turn lane capacity. Work includes widening of the bridge over the Santa Ana River, several new bicycle facilities including Class I barrier separated and Class IV bikeways, roadway widening, retaining walls, traffic signal modifications, off -site improvements, regulatory permitting, utility relocations, right-of-way acquisition and construction staging. Coordination includes City of Anaheim, County of Orange, Caltrans and USACE. Lakeview Avenue Widening Funding Application: Prepared funding application and supporting documentation for the 2023 OCTA CTFP Arterial Capacity Enhancement Program. Project was selected and the final design phase funded. Savi Ranch Parkway Widening Funding Application: Prepared funding application and supporting documentation for the 2022 OCTA CTFP Intersection Capacity Enhancement Program. Project was selected and the final design phase funded. COUNTY OF ORANGE ON -CALL SERVICES Mark Thomas has been providing on -call support for the County of Orange for multiple on -call contracts. Within the last 2 years we have delivered over 13 task orders. In addition, we've had several project specific contracts. Our work includes: OC Loop Segments D and O/P/Q: Under separate contracts, prepared PS&E for the OC Loop Segment D and for O/P/Q, which is a 2.8 mile Class I bike path running along the Coyote Creek. Work includes several bridges over the UPRR and BNSF corridors. Modjeska Grade Road Improvements: The proposed project addresses critical pavement and drainage deficiencies along a 1.2-mile segment of Modjeska Grade Road while balancing community aesthetics and maintaining the rural community character. Silverado Canyon Road Bridge Replacement: Providing PS&E for the replacement of the Silverado Canyon Road Bridge over Ladd Creek. Brea Canyon Road Widening: The project improvements include widening the existing undivided two lane roadway to a four -lane divided roadway, replacing the three existing bridges over the Brea Canyon Channel. Grant Application Assistance: Prepared concept plans and grant applications forATP Cycle 4 & 5, netting the County nearly $50M for OC Loop Segments O/P/Q. MARK THOMAS ON -CALL ENGINEERING SERVICES Page 16 City of Santa Ana CITY OF IRVINE ON -CALL CONSULTANT SERVICES Yale Avenue: Leading the visioning efforts on Yale Avenue, re -allocating space within the right-of-way to provide a new high quality, low stress active transportation corridor in the City. Work will include the preliminary engineering and preparation of the environmental document. Walnut Avenue/The Mall Traffic Signal Improvements: Mark Thomas is providing final design of a new traffic signal, striping enhancements, ADA upgrades and bicycle and pedestrian improvements at the Walnut Avenue/ The Mall intersection. Bake Parkway/Jeronimo Road Intersection Widening: Mark Thomas is preparing a project report and environmental document for the widening of the Bake Parkway and Jeronimo Road intersection. Work included a traffic study and preliminary engineering for the including of additional left and right turn lanes, bike lanes, widening, utility and right-of-way impacts, and traffic signal modifications Jeffrey Road/Irvine Center Drive Widening: Mark Thomas is preparing the PS&E for the widening of the Jeffrey Road/Irvine Center Drive (ICD) intersection. The improvements will add through, left turn and right turn capacity. Class II bicycle facilities will be provided in each direction. Work includes utility relocation and right-of-way acquisition. CITY OF MONTEBELLO ON -CALL SERVICES Systemic Safety Analysis Report: Prepared the citywide SSAR, identifying 12 priority locations that included countermeasures, conceptual layouts and cost estimates. Montebello Boulevard Median Islands & Rehabilitation: Preparing of the PS&E for the addition of new raised landscaped medians on 1.2 miles segment of Montebello Blvd. Project includes the asphalt rehabilitation, ADA ramp upgrades, planting and irrigation. Beverly Boulevard Rehabilitation: Preparation of PS&E for the rehabilitation fo a 0.8 mile segment of Beverly Boulevard. Work includes pavement rehabilitation, ADA upgrades and signing & striping improvements. Plan Checking Services: Reviewing third -party street, grading, utility, storm drain, sewer plans and reports for projects city-wide, including the new Montebello Hills residential tract, the USACE realignment of Lincoln Avenue, and the widening of the Garfield/Wilcox intersection. As -Needed Survey: Reviewing parcel and tract maps, preparing legal descriptions and plats, assisting on clearing ownership issues. Senior Center Remodel: Preparing the remodel plans for the lower level of the Senior Center to provide more flexibility for activity and storage areas. Montebello Park Baseball Field Upgrade: Preparing PS&E for replacing sunken dugouts with surface dugouts, new bleachers, upgrade irrigation system. ON -CALL ENGINEERING SERVICES City of Santa Ana MARK THOMAS Page 17 OUR EXPERIENCE ALIGNS WITH YOUR ON -CALL NEEDS We have experience throughout Southern California taking a wide variety of projects from conceptual to final design PS&E, each with features that align with your scope of services. The table below presents a representative sample of our project experience. RELEVANT FEATURES LOCATION PROJECT Standard Avenue X X X X X X X Santa Ana Warner Avenue Widening X X X X X X X X On -Call Services X X X X X Yale Avenue Improvements X X X X X X X X X X X X Bake Parkway/Jeronimo Road X X X X Irvine Widening Jeffrey Road/Irvine Center Drive X X X X X X X X Widening On -Call Services X X X X Yorba Linda Savi Ranch Parkway Widening X X X X X X X X X X X Yorba Linda Boulevard Widening X X X X X X X X X X X On -Call Services X X X X X X X X X X X County of OC Loop Segment D X X X X X X X X X Orange OC Loop Segment O/P/Q X X X X X X X X X X Brea Canyon Road Widening X X X X X X X X X X Montebello On -Call Services X X X X X X X X X City of Orange Cannon Street Widening X X X X X X X X X Fullerton On -Call Services X X X X X X Newport Beach Bayside Drive Improvements* X X X X X X X X Garden Grove Blvd Complete Street X X X X X X X X Westminster Mendez Historic Trail X X X X X X X Norwalk Firestone Boulevard Widening X X X X X X X X X X South Gate Long Beach Boulevard Green Street X X X X X X X X X X Temecula Cherry Street Extension X X X X X X X Eastvale Limonite Avenue Gap Closure X X X X X X X X X X X Indio Madison Street/Hwy 111 Intersection X X X X X X X X * City of Newport Beach's Bayside Drive Improvement pictures can be seen on page A-8 and A-13. MARK THOMAS Page 18 ON -CALL ENGINEERING SERVICES City of Santa Ana REFERENCES We are proud of our track record of successfully completing projects and meeting the needs of our clients. Below is a list of our client references over the last five years similar to the City's project. We are confident that you will find that the highlighted projects demonstrate our ability to deliver the services you are seeking on your project. We encourage you to call upon our references to verify our working experiences. } Multiple Projects including Montebello Boulevard Median Improvements arld Rehabilitation, Beverly Boulevard Rehabilitation and Systemic Safety Analysis Report CLIENT REFERENCE James Enriquez, PE Director of Public Works City of Montebello (323) 887-1462 jenriquez@cityofmontebello.com Jeffrey Road/Irvine Center Drive Intersection Widening CLIENT REFERENCE Uyenly Bui, PE Senior Civil Engineer City of Irvine (949) 724-7559 uyenlybui@cityofirvine.org Yorba Linda Boulevard Widening, Savi Ranch Parkway Widening CLIENT REFERENCE Jamie Lai, PE Director of Public Works City of Yorba Linda (714)961-7172 jlai@yorbalindaca.gov Q�'I-CALL ENG I H EGR ING SERv, CES l Ir, „II AEI ;N 11 rH0M �S A P P E N D I X 1C. RESUMES 2. SCOPE OF SERVICES AND SCHEDULE 4. CERTIFICATIONS ►I MARK CITY OFSANTAANA ■■ T H O M A S On -Call Engineering Services SCOPE OF SERVICES Mark Thomas will prepare a scope of services specifically tailored to each task order received from the City. The following scope of services reflects the a PS&E project for a typical street or active transportation project. TASK 1 - PROJECT MANAGEMENT AND COORDINATION 1.1 Project Management Mark Thomas will coordinate with the City and manage the project team. Management activities include preparing monthly invoices and status reports, which will include summation of work by task, progress relative to adopted project schedule, projected work activities, and outstanding issues. Mark Thomas will adhere to the project budget and will actively manage sub -consultant budget requirements. 1.2 Meetings Mark Thomas will organize, schedule, and lead project meetings. It is anticipated that monthly meetings will be held at a minimum, with other meetings schedule as needed. Efforts includes preparing meeting agendas and meeting minutes summarizing discussion items and action items. Mark Thomas will be available to make presentations to City Council and City Commissions. 1.3 Third Party Coordination Third party coordination will be provided with outside agencies such as the adjacent cities, County, Caltrans, OCTA and others. 1.4 Project Schedule Mark Thomas will develop and maintain a critical path method (CPM) design schedule for each task order. The schedule will be updated as progress is made, with critical path activities clearly shown for team review purposes. 1.6 Quality Control Mark Thomas will prepare and implement our established Quality Control procedures to verify that all deliverables have been reviewed for completeness and accuracy, that the submittals conform to the applicable standards, as well as to check that the deliverable satisfies the purpose and need for the submittal. We will complete and document an independent technical review of each major submittal. Review comments will be addressed prior to submittal to the City. Mark Thomas will review subconsultant submittals according to the same standards. TASK 1 DELIVERABLES Monthly Invoices and Progress Reports n Project Schedule and Updates Meeting Agendas and Minutes • Exhibits and Presentation Materials n Quality Control Documents ON -CALL ENGINEERING SERVICES MARKTHOMAS City of Santa Ana Page A-9 TASK 2 - ENGINEERING STUDIES AND FIELD INVESTIGATIONS 2.1 Data Collection Mark Thomas will research and obtain record data for the project site from the City and other sources as necessary. A detailed walk audit will be performed to document existing site conditions, including pavement and concrete conditions and ADA compliance. 2.2 Survey and Mapping Mark Thomas will provide control surveys, establishing the horizontal and vertical control. Aerial photogrammetry (40 scale) and field survey will be performed based on horizontal control (NAD83) and vertical control (NAVD88). Field survey will include data collection necessary for the task order needs and will include cross sections, visible utility and drainage facilities with invert elevations as necessary. 2.3 Right -of -Way Mapping Mark Thomas will perform record research of existing Record of Surveys, Subdivision and Parcel Maps, and Corner Records, to verify existing centerlines together with the necessary field survey ties. Mark Thomas will review Title Reports and supporting documents for use in determining property lines and easements to provide the base right-of-way map. 2.4 Utility Coordination Mark Thomas will identify and plot existing utility facilities within the project area from the acquired maps and as-builts, and coordinate with utility companies affected by the project. Mark Thomas will follow the Caltrans Utility Coordination Process (Caltrans Utility A-B-C Process). Any utility relocation, including adjustments to grade shall be processed and permitted with the various agencies and utility companies. We will coordinate and notify the City of any costs to be paid by the City for utility relocations early in the design process. We will pothole existing utilities crossings, underground structures, and other facilities that could pose a conflict with the proposed project. The Consultant shall track the progress/schedule of the utility company responses and relocation plan preparation in order to have the utility facility relocated prior to construction (preferred), or to ensure final approved utility relocation plans are documented in the City construction plans and the number of working days required by the utility company to construct their facilities clearly identified in the Special Provisions. 2.5 Geotechnical Investigations Mark Thomas, through our subconsultant EMI, will provide pavement studies and geotechnical investigations necessary for each task order. The efforts will include field investigations with shallow corings for pavement analysis and deeper borings necessary for structural analysis. Laboratory testing will be conducted on the sampled earth materials depending upon the project needs. Engineering analysis will develop findings and recommendations for design and construction. These will be documented in a memorandum or report, and include site conditions, geologic hazards, corrosivity, pavement, foundation design, liquefaction bedding and backfill and construction considerations. 2.6 Roadway Hydrology & Hydraulics Mark Thomas will prepare a roadway Hydrology and Hydraulics Report per the Orange County Hydrology Manual for surface and any proposed storm drain facilities designed to accommodate surface runoff. MARKTHOMAS ON -CALL ENGINEERING SERVICES Page A-10 City of Santa Ana 2.7 Stormwater Quality Prepare a Water Quality Management Plan (WQMP) per the City and Regional Water Quality Control Board requirements. 2.8 Traffic Analysis The Mark Thomas team will conduct AM peak and PM peak period intersection turning movement counts including bicycles and pedestrians and daily arterial volume counts at the intersection and compare to historical counts. Intersection Capacity Utilization (ICU) calculations will be performed and checked for deficiencies with and without the proposed improvements. Turning volumes will be input to Synchro and a SimTraffic simulation performed to establish the potential length of turn -pockets. TASK 2 DELIVERABLES » Project Control, Aerial Photogrammetry, Topographic Base Map (Microstation format) » Right-of-way Mapping » Utility Coordination, Mapping, Potholing and Tracking Matrix » Draft and Final Reports for Tasks 2.5-2.8 TASK 3 - ENVIRONMENTAL COMPLIANCE & REGULATORY PERMITTING 3.1 CEQA Clearance On State or locally funded projects, the Mark Thomas team will prepare the necessary environmental document in compliance with the California Environmental Quality Act (CEQA). This includes the preparation of the Notice of Exemption for a Categorical Exemption (CE), Initial Study (IS) leading to a Negative Declaration (ND) or Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR). The City would be the lead agency reviewing and approving these documents. 3.2 NEPA Clearance On Federally funded projects, an environmental document would be prepared in conformance with the National Environmental Policy Act (NEPA), with Caltrans being the led agency for NEPA approval. This would include the preparation of the Categorical Exclusion, (CE), Environmental Assessment (EA) leading to a Finding of No Significant Impact (FONSI) or an Environmental Impact Study (EIS). 3.3 Technical Studies/Memorandums Supporting technical studies will be prepared as necessary in support of the environmental document. Preparation of one draft and one final analyses/memorandum/report for each potential topic, as needed, are included below: » Cultural Resources » Paleontological Resources » Biological Resources » Jurisdictional Delineation » VMTAnalysis » Noise and Vibration Impact Analysis » Air Quality and Greenhouse Gas Emission Analysis » Phase 1 Initial Site Assessment (ISA) ON -CALL ENGINEERING SERVICES MARK THOMAS City of Santa Ana Page A-11 3.4 Regulatory Permitting: Regulatory permitting applications will be prepared as necessary to support the task orders, including, but not limited to: » United States Army Corps of Engineers (USAGE) Section 404 Permit for the Clean Water Act (CWA) » Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification » California Fish and Game Code Section 1602 Streambed Alteration Notification TASK 3 DELIVERABLES: » CEQA Environmental Documentation » NEPA Environmental Documentation (if needed) » Draft & Final Technical Studies/Memorandums » Regulatory Permitting TASK 4 - DESIGN SERVICES 4.1 Project Plans Mark Thomas will prepare plan submittals at the 35% conceptual level, 65%, 95%, and 100% completion levels. Consultant submittals to City and other applicable agencies or stakeholders shall be complete and shall include all necessary plans, special provisions, estimates, reports, and documents for PS&E approval. Mark Thomas will track and respond to each plan check comment in a matrix to minimize the number of plan check cycles required to achieve approved plans. Plans will be prepared in Microstation and submittals will be made electronically in PDF format. A listing of plans that may be required include: » Title/General Notes Sheets » Construction Details » Typical Cross Sections » Plan and Profile » Grading Plans » Utility Composite Plans and Details » Drainage Plan, Profiles and Details » Construction Staging/Traffic Handling » Sign and Striping Plans » Traffic Signal/ITS Plans » Street Light Plans » Retaining Wall Plans » Structure Plans » Landscape and Irrigations Plans 4.2 Special Provisions Develop technical specifications as Special Provisions in conformance with American Public Works Association (APWA) Green Book format, including necessary Caltrans standards and specifications, and provide copies of required permits and reference standard plans/materials to be inserted into the City's contract bid documents. MARK THOMAS ON -CALL ENGINEERING SERVICES Page A-12 City of Santa Ana 4.3 Quantities & Cost Estimates Provide a construction quantity take -off list broken down by sheet and an updated cost estimate for each plan check submittal and a final engineer's estimate of the project cost. The quantity calculations will be clear as to where the specific items are located, i.e., reference to station/offset or other method. Source of cost information and justification of bid item unit prices will be provided. 4.4 Right -of -Way Engineering A right-of-way requirements map will be prepared, as required, to identify any permanent or temporary right-of-way needs for the project. Preliminary Title Reports will be obtained, and legal descriptions and plats prepared identifying the area to be acquired. A Record of Survey will be prepared and files, as necessary. TASK 4 DELIVERABLES: » 35% Conceptual Plans » PS&E submittals in PDF format at 65% and 100% (Final) Submittals » Special Provisions in Word and PDF format at 65% and 100% (Final) Submittals » Quantity and Cost Estimates in Excel and PDF format at 65% and 100% (Final) Submittals » Response to Comments Matrix (PDF) at each submittal » Right-of-way requirements map » Legal Descriptions and Plats » Record of Survey City of Newport Beach - Bayside Drive Improvements ON -CALL ENGINEERING SERVICES City of Santa Ana MARKTHOMAS Page A-13 TASK 5 - BID PHASE SERVICES 5.1 Bid Phase Services Mark Thomas will support the city through the bidding process, providing the following: » Attendance at pre -bid meeting » Respond to inquiries » Assist in the preparation of contract addendums » Review of submitted bid documents and provide recommendations on for award of construction contract TASK 5 DELIVERABLES: » Responses to inquiries » Contract addendums » Recommendations for award TASK 6 - CONSTRUCTION PHASE SERVICES 6.1 Meetings Mark Thomas will attend the pre -construction meeting as well as other construction meetings and field reviews as necessary. 6.2 Requests for Information (RFIs) Provide clarification of contract documents and responses to contractor RFIs to the City's construction manager. Plans or details will be revised as necessary. 6.3 Shop Drawing/Submittal Review Mark Thomas will review submittals and shop drawings as requested by the construction manager. The review of shop drawings shall include staging and traffic control, contractor's submittals for substitutions, construction contractor's alternative construction approval, and others as requested by the construction manager. 6.4 Change Order Assistance Consultant will review proposed change orders and make recommendations as requested by the Construction Manager. This effort may include independent cost estimating and schedule impacts. 6.5 As -Built Preparation Mark Thomas will incorporate as -built revisions clouded and noted in the revision block using contractor's record red lines. It is assumed that the Contractor supplied red line drawings are a standalone document, clearly showing all field changes, with no references to RFIs or submittals. TASK 6 DELIVERABLES: » Responses to RFI, Shop Drawings and Submittals » Plan Revisions, as necessary » Recommendations on change orders » As -Built Plans MARK THOMAS ON -CALL ENGINEERING SERVICES Page A-14 City of Santa Ana r,MAkd1•>,FAN&*1zTR�:K Plan Checking Mark Thomas can provide in-house plan checking services of capital improvements being prepared by developers or outside agencies such as OCTA. Reviews will include all aspects of the project including street improvements, grading, site improvements, stormwater quality compliance, review of supporting reports such as hydrology & hydraulics, traffic, lighting, utilities, as well as right-of-way documentation, including tract and parcel maps. Construction Management Mark Thomas has the capability to provide full -service construction management services in support of your projects, including construction manager, resident engineer, inspector, and office engineer positions. Grant Funding Mark Thomas has in-house capabilities to identify, track and prepare grant funding applications to assist in securing outside funding for the City's projects. Mark Thomas will conduct research to identify grant resources including, federal, state, Metro, other regional agencies, and organizations at all levels, that target elements of the City's CIP, funding needs, and priorities. The funding sources will be documented in a grant funding resource table that will include grant funding program, eligible components, dates of next funding opportunity, and success probability. Grant funding applications can vary widely based upon the various program requirements. In general, all applications will include the preparation of grant narratives, maps and exhibits, and letters of support, however, the length of narratives can change and not all funding programs require benefit cost analyses (BCAs). This scope will be developed depending on the particular grant being pursued. City of Norwalk - Local Streets Rehabilitation Program, Zone 27 ON -CALL ENGINEERING SERVICES MARK THOMAS City of Santa Ana Page A-1 5 9 s g�`sa IIIr o � a 3 eg 2io 1ri = > I11L C 9 L tL E o � ■ol' C29 aka t 11 3 : A ------ ---- sssss; ssssssssss �s a��� N al S Y s£ 2 3 e W Oc w9 dme Fzwa o.�m _y oEn- x- a.�nd mn�gttm �� - O Iri a � _I „aary x��m Mse s: Y G N a N T I6 C O C N C .� .� Q N L 4. CERTIFICATIONS Appendix ATTACHMENT 3-1: NON -COLLUSION AF + AVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Tide 23 United States Code Section 112 and Public Contract Code Section 710 ) To the CfrY OF SAWA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7t06 the BIDDER declares that the bid is not made in the interest of, or on behalf of, arty 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 induoed or solicited any other BIDDER to put in a thise 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 agreement, 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, organireation, bid depository, or to any member or agent thereof to eftbetuate a collusive or sham bid. Note: 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-colhtsiou Affidavit, BIDDERS are c o that making a false cert fication may subject the certiCter tq criminal prgseaution. Signed State of California County of ifornia Subscribed and swam Cot armed) before me ou this First day of March . 2023. by Darin Johnson pro to me on the basis of satisfactory evidanee to be the person(s) who appeared before me. Notary Public Signature Notary Public Seat City of Santa Ana RFP Page A3-t ON -CALL ENGINEERING SERVICES MARK THOMAS City of Santa Ana Page A-17 rq.ATWj@T-Tj7r a 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 (/`aaT_ } v Subscribed and sworn to (or affirmed) before me on this_ d lr� day of Ac?rc_/t.�2�� nn pate month year by J //LA z Name of 5igne2 proved to me on the basis of satisfactory evidence to be the person(S4who appeared before me. --------------- Signature: Signature of Notary Public • TORU HORtMACHI Notary Public • California Orange county COInlalsal0rt k 238701 r •My Comm, Capires Al 11, 2026 seal Place Notary Seal Above .................................... -............. OPTIONAL ----------------------- ------------------------- Though this section Is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document/ A Title or Type of Document: /�l [7 n- ` Co �lG Si O �ti ft"'6ir•' Document Date: Number of Pages: Signer(s) Other Than Named Above: MARKTHOMAS ON -CALL ENGINEERING SERVICES Page A-18 City of Santa Ana Appendix ATTACIIMCNT 3-2: NON -LOBBYING CERTIFICATION C:GRTIFICATIONS The prospective participant corlifies, by signing andsuhnrittigg this bid or proposal, to the best of his orhor knowledge and belief, that: 1. No federal appropriated Binds have been paid or will be paid, by or on behalf of the undersigned, in any person for ititlueneing or attempting to influence an officer or employee orally tbdeml rigatiey, a MemberofCongress, an offcor or employeeof Congress, or an employee of a Mumberof Congress in connection with the awarding orany federal contract, the making of any federal grain, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, antenduiant, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any tltnds other than federal appropriated lands have been paid or will be paid to any person For influencing or attempting to influence any officer oramployee of any federal agency, a Memberof Congress, an otticet' or employee of Congress, or air employee of a Member of C,agness in connection Milt this federal cenlract, grant loan, Ivan of cooperative agreement, the undersigned shall complete and submit a "rlis ilosuru of Lobbying Activities", This certification is a material representation of fact open which reliance was placed when this transaction was made or entered into. Submissiun ofihis 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 less than $10,000 and not more than $100,000 for each such fitilure. The prospective participant also agrees by submitting his arbor bid or proposal that he or she shall require that the language of this eortificationbe included in all lower Mar subcontracts, which exceed $100,000 and that all such sub recipients shall certifyand disclose accordingly. Firm Mark Thomas Signed and Punted Name: Title Associate Principal 03/1417023 City of Santa Ana RFP Page A3-2 Darin Johnson, PE ON -CALL ENGINEERING SERVICES MARK TNOMAS City of Santa Ana Page A-19 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 employmentwithout, 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 ides, 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 City of Santa Ana RFP Page A3.3 MARK THOMAS ON -CALL ENGINEERING SERVICES Page A-20 City of Santa Ana 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. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Darin Johnson, PE I Associate Principal Firm: Mark Thomas 03/14/2023 Date: City of Santa Ana RFP Page A3-4 ON -CALL ENGINEERING SERVICES MARK THOMAS City of Santa Ana Page A-21 Move Forward lvy markthomas.com EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable FEE PROPOSAL (SEPARATE ENVELOPE) MARK CITY OF SANTA ANA ■ ■ T H O M AS On -Call Engineering Services 3. FEE PROPOSAL MARK THOMAS & COMPANY, INC. RATE SCHEDULE EXPIRES JUNE 30, 2024 Engineering Design Engineer I Design Engineer II Project Engineer Sr. Project Engineer Sr. Technical Engineer Technical Lead Sr. Technical Lead Engineering/Design Manager Sr. Engineering Manager Construction Management Office Engineer " Asst. Resident Engineer * Inspector - CM RE/Structural Representative Area Manager -CM Planning Planner I Planner II Sr. Planner Landscape Architecture/Urban Design Landscape Designer Landscape Designer ll Landscape Architect Sr. Landscape Architect Gram Writing Funding Specialist 5r. Funding Specialist Funding Manager District Management * Inspector - Apprentice ' Inspector/Sr. Inspector Assistant/Associate Sanitary Engineer Sanitary/Sr. Sanitary Project Engineer Operations/Deputy District Manager District Manager -Engineer Surveying $88-$145 Surveyor $109-$177 Sr. Surveyor $147 - $184 Prej.c: Surveyor $158 - $216 Sr. Project Surveyor $158 - $216 ' Single Chief $182 - $248 * Single Instrumentman $217 - $316 • Single Chairman $282 - $361 * Apprentice $311 - $452 * 1 Person Field Crew * 2 Person Field Crew * 3 Person Field Crew $109 - $207 $155 -$284 Technicians $150 - $284 Intern $205-$345 Technician/Office/Survey Technician $306 - $452 Sr. Technician/Survey Technician Lead Technician/Survey Technician $82 - $106 Project Management & Oversight $106-$132 Project/Survey Manager $120-$165 Sr. Project/Survey Manager Division Manager Principal $76 - $113 $94 - $142 Project Support $109-$190 Technical/Sr. Technical Writer $117-$213 Project/Sr. Project Assistant Project/Sr. Project Coordinator Graphic/Sr. Graphic Designer $109-$210 Project/Sr. Project Accountant $147-$226 Sr. Graphic Manager $249 - $326 Project Accountant Manager Special Services $59 - $106 Expert Witness $97 - $158 Strategic Consulting $138 - $207 $161 -$281 $223 - $339 $305 - $368 $109 - $155 $123 - $187 $144 - $219 $167 - $226 $153 - $203 $144 - $181 $135 - $177 $81 - $139 $153 - $203 $288 - $407 $369 - $584 $47 - $103 $62 - $129 $91 - $177 $123 - 5200 $182 - $258 $217 - $345 $244-$381 $390 - $461 $59 - $171 $70- $132 $94 - $168 $100-$187 $103 -$177 $141 - $207 $155 - $216 $470 $470 Reimbursable; including, but not limited to; reproductions, delivery and filing tees; outside consultant fees; and survey field expenses will be billed at Cost Plus 5%, Mileage will he billed per current IRS Rote. A hanalprcrrvh.misteps exist w tho m., rote categories. Ihu ralesdndule expireslune3(120.�3, rates aresvLyectto ertofvtiwrunth new hourly rote scheiule as Q/JWy7, 2029 *» * TflesP [hWgP mte5 u!e suL�%eR tQ l}pvalli@f ViIXfe IQWS oIV/ IAi1MCOMfOU ** but shall not exceed 3% RATESCHEDULEOO I PAGE101`1 ON -CALL ENGINEERING SERVICES MARK THOMAS City of Santa Ana Page 1 Burrola, Melissa From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Thursday, June 15, 2023 10:09 AM To: Burrola, Melissa; certs@aseroins.com; Doris.chambers@assuredpartners.com; Frankston, Emerson; Gabriel, Jason; psomerville@markthomas.com; snavarro@markthomas.com Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE NYITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Mark Thomas & Company, Inc. Name: Project TBD (072) Number: Project Consultant Agreement Between The City Of Santa Ana And Mark Thomas Name: & Company, Inc. For On -Call Engineering Services 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 EXPIRATIONCOI DATE NUMBER DATE AUTOMOBILE LIABILITY 6078951371 09/15/2023 05/22/2023 GENERAL LIABILITY 6078951385 09/15/2023 05/22/2023 PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, DPR5014213 07/01/2024 06/08/2023 6078951418 09/15/2023 09/19/2022 FILE NAME Santa Ana, City of - COI's (Mark Thomas).pdf Santa Ana, City of - COI's (Mark Thomas).pdf CERT- 407681976.pdf Santa Ana, City of (Agent A- 2018-159) Gen Auto WC - COI Renewal Exp 09.15.23.pdf 1