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HomeMy WebLinkAboutItem 16 - On-Call Professional Land Surveying Services AgreementsPublic Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 2, 2023 TOPIC: On -Call Professional Land Surveying Services Agreements AGENDA TITLE Approve Agreements with Johnson -Frank & Associates, Inc., Stantec Consulting Services, Inc., and Towill, Inc. for On -Call Professional Land Surveying Services, with an Aggregate Amount Not to Exceed $2,450,000 for Three -Year Terms (RFP No. 19- 090) (Non -General Fund). RECOMMENDED ACTION Authorize the City Manager to execute federal Caltrans agreements with Johnson - Frank & Associates, Inc., Stantec Consulting Services, Inc., and Towill, Inc. to provide on -call land surveying services on an as -needed basis, in an aggregate amount not to exceed $950,000 for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with an option for two, one-year extensions, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute non-federal agreements with Johnson -Frank & Associates, Inc., Stantec Consulting Services, Inc., and Towill, Inc. to provide On - Call Land Surveying Services on an as -needed basis, in an aggregate amount not to exceed $1,500,000 for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency released Request for Proposals No. 19-090 on the City's online procurement portal, PlanetBids, soliciting proposals from qualified firms for professional land surveying services on an as -needed basis. Eleven proposals were received. All proposals were deemed responsive and were subsequently evaluated and ranked by a review committee composed of personnel from the Public Works Agency Capital Improvement Program (CIP) Engineering staff. Ranking criteria included relevant firm experience, understanding of need, relevant project experience, and references. The ranking of the firms is as follows: Approve Agreement with Johnson -Frank, Stantec, Towill May 2, 2023 Page 2 Firm City Rank Johnson -Frank & Associates, Inc. Anaheim, CA 1 Stantec Consulting Services, Inc. Irvine, CA 2 Towill, Inc. Orange, CA 3 The City selected Johnson -Frank & Associates, Inc., Stantec Consulting Services, Inc. and Towill Inc. as the top three firms from this Request for Proposals because each of the firms submitted proposals that demonstrated sufficient capacity to complete land surveying services within industry standard rates and expertise in the land surveying field. The recommendation to award contracts was delayed until the City received authorization and clarity from Caltrans regarding Federal requirements. Those matters have been resolved and the top rated firms have agreed to honor their proposals. Based upon the scope of work and selection criteria outlined in RFP 19-090, staff recommends awarding two sets of agreements for each selected firm: one set of agreements to provide land surveying services per Caltrans requirements, on an on -call basis, and one set of agreements to provide land surveying services not subject to Caltrans requirements, on an on -call basis. Approval of the recommended action will allow the City to retain land surveying services for current and future construction projects. The three selected firms are expected to provide professional land surveying work, involving preparing legal descriptions for subdividing property, researching existing County and City records for survey monuments within project areas, performing boundary line adjustments, and providing other land surveying services when required. Task orders for grant -funded projects subject to Caltrans Architecture and Engineering (A&E) requirements will be issued to the Caltrans versions of the on -call agreements (Exhibits 1-3). Task orders for locally - funded or discretionary -funded projects will be issued to the standard versions of the consultant agreements (Exhibits 4-6), which are not subject to Caltrans requirements. FISCAL IMPACT There is no fiscal impact at this time. The Public Works Agency will follow the established on -call services process during the FY 2023-2026 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $950,000 for any federally funded projects, and under the shared $1,500,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. The current fiscal year funding is available Approve Agreement with Johnson -Frank, Stantec, Towill May 2, 2023 Page 3 in the FY 2022-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. EXHIBIT(S) 1. Johnson -Frank & Associates, Inc. Federalized Agreement 2. Stantec Consulting Services, Inc. Federalized Agreement 3. Towill, Inc. Federalized Agreement 4. Johnson -Frank & Associates, Inc. Agreement 5. Stantec Consulting Services, Inc. Agreement 6. Towill, Inc. Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 AGREEMENT WITHJOHNSON-FRANK& ASSOCIATES, INC., TO PROVIDE ON -CALL PROFESSIONAL LAND SURVEYING SERVICES THIS AGREEMENT is made and entered into this 2nd day of May, 2023 by and between, Johnson -Frank & Associates, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RF.f TTA1,C A. On October 2, 2019 the City issued a Request for Proposal ("RFP") No. 19-090, by which it desired to retain a consultant having special skill and knowledge in the field of Professional Land Surveying services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 19-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 19-090, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 19-090. The total Page 1 of 19 compensation for services provided by all consultants selected under RFP 19-090 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 of 19 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject Page 3 of 19 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on May 2, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on May 1, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 of 19 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 5 of 19 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, Page 6 of 19 or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 7 of 19 (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 8 of 19 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also Page 9 of 19 information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 10 of 19 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Johnson -Frank & Associates, Inc. Attn: Alan D. Frank, President 5150 E. Hunter Ave. Anaheim, CA 92807 Fax: (714) 777-1641 A parry may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to Page 11 of 19 make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 of 19 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. Page 13 of 19 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Page 14 of 19 Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and Page 15 of 19 the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Page 16 of 19 • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or Page 17 of 19 determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 18 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney --7 By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager JOHNSON-FRANK & ASSOCIATES, INC. By: Alan D. F ank, PLS Title: President Page 19 of 19 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROFESSIONAL LAND SURVEYING SERVICES RFP NO.: 19-090 Introduction and Background: The City of Santa Ana intends to retain Professional Land Surveyors, licensed in the State of California, to perform land surveying services on an as -needed or "on -call" basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. Specific services shall be on -call and shall include all duties typically expected of a Professional Land Surveyor or surveying firm. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide Professional Land Surveying services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general Land Professional Surveying services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. A California -licensed land surveyor shall be in responsible charge of all survey work performed under this agreement. City of Santa Ana RFP 19-090 Page Al-1 The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: A. Prepare legal descriptions, plats and maps for subdividing property B. Research existing County and City records for survey monuments within the project area. Prior to any clearing, removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 8771. Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City. C. Perform boundary line adjustments D. Perform monument perpetuation/preservation in areas that will be impacted by City projects o Includes site investigation for existing monumentation, with a report provided to the City with recommendations. o May include pre- and post -construction records E. Replace lost or obliterated property corners F. Set boundary markers or property corners, also known as monuments G. Retrace boundaries for fences and other purposes H. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries I. Prepare legal descriptions and information shown with the description of any deed or other title document J. Prepare Record of Surveys Map Checking Services A. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. B. Prepare maps or plats C. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. D. Review title report and existing easements for correct plotting and references. E. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. F. Provide a set of redline check prints showing the redlined comments, and required City of Santa Ana RFP 19-090 Page Al-2 corrections and information. G. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. H. Provide a timesheet at the end of every review to include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. I. Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps Construction Services A. Stake the location of fixed engineering works for construction purposes. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project. B. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements at join points. C. Complete the construction staking within the time frame as specified on the Survey Request Form, or (given minimum notice) commence the staking no longer than two working days from receipt of the request, providing continuous service until the request is complete. D. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will be allowed therefor. Miscellaneous Services A. Investigate boundary discrepancies B. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the fixed works embraced within the practice of civil engineering C. Determine contours of the earth's surface for topographic maps D. Photogrammetric surveying or aerial topographic mapping or aerial photography E. Provide Professional Land Surveying services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross -sections, intersection grids, centerline determination, digital terrain models (dtm), right of way determination, utility profiles and exhibits. F. Generate a computer drawing in Microstation V8 format as well as the sample survey City of Santa Ana RFP 19-090 Page Al-3 drawing on the City of Santa Ana website listed in item K below. G. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the following standards: H. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. I. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. J. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. K. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. L. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. M. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. N. All City CADD standards as well as Microstation configuration files are located at: http://www.Santa-ana.org/pwa/En.gineerinj4Services.asp Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of City of Santa Ana RFP 19-090 Page Al-4 contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. Special Requirements (Attachment 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https://dot.ca. _og v/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 19-090 Page Al-5 10:4lei rIll r IUD F % Johnson -Frank & Associates Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency i t"i- k 5150 E. Hunter Ave. Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 00 Johnson -Frank & Associates Inc. r op On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency COVERLETTER........................................................................................................................... ii FIRM & TEAM EXPERIENCE..................................................................................................... I COMPANY ORGANIZATIONAL CHART................................................................................. 5 UNDERSTANDING OF NEED..................................................................................................... 6 SIMILAR PAST PROJECTS....................................................................................................... 11 ATTACHMENT I - RESUMES / PROJECT STAFF................................................................. 21 Exhibit A - Certification and Pricing............................................................................................ 26 ExhibitB - References.................................................................................................................. 27 Exhibit C - Proposers Statement................................................................................................... 28 Exhibit D - Non -Collusion Affidavit............................................................................................ 29 Exhibit E - Non -Lobbying Certification....................................................................................... 31 Exhibit F - Non-discrimination Certification................................................................................ 32 Exhibit G - Sample Insurance Endorsement................................................................................. 33 The following proposal shall be valid for a period of ninety (90) days from the date of submittal. Q Ct a j an D. Frank, �PLS ( * President Ilk.l N0. 7Al FOF CAL\Q 5150 E. Hunter Ave. i Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F % Johnson -Frank & Associates Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency October 23, 2019 Mr. Sean Thomas, PE Public Works Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Request for Proposal (RFP No. 19-090) to provide On -Call Construction Surveying Services to the City of Santa Ana Pursuant to the request for proposal referenced above, we respectfully submit the attached proposal and qualifications package for your review. As this submittal will show, Johnson -Frank tailors its services to public agency entities. Our firm does very little private sector work. Rather, our firm strives to be, and has become, an extension of public agency staff for many of our clients, including several Cities. We firmly believe that it is our ongoing experience with the City of Santa Ana that affords us a somewhat exclusive level of qualification for the upcoming contract. Over the duration of our past on -call surveying services contract, we have performed dozens of projects, (construction staking, monument preservation, Record of Survey, topographic mapping, the review and preparation of legal descriptions for Right of Way acquisition, etc...), for various project managers. Without exception, City staff has expressed their satisfaction with our professional services, time and time again. This successful track record, one of consistency and quality, has allowed us to develop deep working relationships with the many project managers we have been fortunate to work with. These relationships have afforded us to work more like business partners with the City, allowing information and expectations to flow freely in both directions. Our `one- on-one' style, coupled with the level of trust that has been developed between our management staff and the City, truly places us in a unique position with regard to the level of qualification our firm possesses. We believe that our team, the JFA Team, is an unbeatable assembly of professionals, a team to which there is no rival. We thank you for considering our team and for providing us this opportunity. We look forward to the potential of working with you. Please feel free to contact me directly during the proposal evaluation period at 5150 E. Hunter Ave., Anaheim, CA 92807, (714) 777-8877 x107, alanfrank@johnson-frank.com. Sincerely, Alan D. Frank, PLS 7172 President 5150 E. Hunter Ave. ii Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. F ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency FIRM & TEAM Johnson-Frank's solutions are singularly tailored to meet our client's EXPERIENCE goals. As a full service land surveying firm, the Johnson -Frank staff includes registered and degreed land surveyors as well as highly experienced support technicians. The Finn's equipment represents the Surveying Services latest surveying technology. From its' offices in Anaheim, California, • Construction Surveys Johnson Frank provides services throughout the United States. • Monument Preservation Practical, Extensive Experience • Right of Way Johnson -Frank provides a wide range of land surveying services to an Engineering equally wide range of private and public sector clients. These services • Map Checking include the review of subdivision maps, final maps, parcel maps, and • Cadastral Surveys records of surveys for numerous local public agencies such as the • Boundary Surveys cities of Cities of Irvine, Mission Viejo, Laguna Niguel, Covina, and • High Precision the County of Orange. The Firm also serves as the City Surveyor for Horizontal and the cities of Laguna Niguel and Mission Viejo. Vertical Geodetic Control • Global Positioning System Surveys • Resource Grade, Economical GIS Data Acquisition • Aerial Mapping and Aerial Control Surveys • Topographic Mapping Surveys 5150 E. Hunter Ave. (714) 777-8877 Johnson -Frank is well versed in serving county and federal agencies. The Firm has served as the on -call surveyor for the U.S. Forest Service's Southern Nevada Acquisition Office for the last five years. The Firm began a relationship with the U.S. Army Corps of Engineers, Los Angeles District, in 1980 and has been on an on -call basis since that time. As the founders of Johnson -Frank emerged from the ranks of the Orange County Surveyor's (OCS) Office, the Firm has served as an extension of that agency on an as needed basis since 1975. The Firm has received numerous awards and letters of appreciation from its' clients over the years. The Firm received outstanding performance evaluations from the U.S. Forest Service for projects completed from 2003 to 2010. The firm also received Excellent and Very Good performance ratings from Los Angeles District, U.S. Army Corps of Engineers for projects completed since 2006 under the current on -call contract, plus numerous Excellent and Very Good ratings under the previous contract from 2000 through 2005. The Firm has also received numerous letters of appreciation from clients, both public and private, including attorney Warren Wimer, private firm RBF Consulting, the City of El Monte, and the BLM, to name a few. From relatively small staking projects to large-scale governmental horizontal and vertical control surveys, the Finn's surveying and mapping capabilities are second to none. Global Positioning System receivers are utilized, as well as conventional total stations and first order leveling equipment. Because Johnson -Frank routinely integrates varied skills with the latest technology, results are optimized and, more importantly, clients' goals are met precisely and efficiently. 1 Anaheim, CA 92807 alanfrank@johnson-frank.com FAX: (714) 777-1641 �fo Public Agency Service Johnson -Frank was selected by the City of Irvine to provide construction layout for the Barranca bridge which spans the I-S Freeway. Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Johnson-Frank's concentration on public sector clients bolsters our familiarity with codes, ordinances, and personnel of the area's municipalities and government agencies. This focus is reflected in the surveying services provided. The Firm enjoys an excellent reputation for its field research, field surveys, and its knowledge of survey practices and documentation. That reputation extends to Johnson-Frank's knowledge of local policies. Some municipalities and government agencies regard Johnson -Frank as an extension of their own staff. Johnson -Frank was selected by the Orange County Surveyor to set 200 aerial targets to facilitate aerial mapping of the El Toro Marine Corps Air Station. A Standard of Excellence on which Government Agencies and Municipalities Can Confidently Rely Johnson -Frank has an enviable depth of government agency and municipality surveying experience. That experience is manifested by an exciting array of projects in which the Firm is, or has been, involved, including: • Boundary Surveying, Right of Way Engineering, and Map Checking • Earth Movement Monitoring Studies • Bridge Layouts • Digital Terrain Modeling and Earthwork Quantity Calculations • Planning, Establishment, and Maintenance of Precise Horizontal and Vertical Control Networks • Three Dimensional Computer Aided Mapping • Aerial Photography and Airborne GPS Controlled Aerial Photography • Aerial Mapping Including Ground Control, Map Compilation, and Analytical Bridging Beyond our extensive experience, technical expertise and our ongoing acquisition of the latest, most advanced equipment, the Firm's success can be partially attributed to an emphasis on old-fashioned communications skills. Johnson-Frank's internal communication network results in all of our people understanding the role, goals, and expectations of the agency for which the Firm is working. Experience indicates that an open dialogue results in projects that are brought in on time and at projected costs. 5150 E. Hunter Ave. 2 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Financial Stability Johnson -Frank & Associates, Inc. is financially sound. We have remained fiscally sound throughout our 39-year existence in spite of Solid Financial Policies the economic downturns experienced by the County of Orange and the economy in general. We have outlasted many other firms who Never Involved in could not withstand the economic impact. Through our sound fiscal Litigation policies, we keep our debts at a minimum and our clients' satisfaction at a maximum. As a result of these policies, Johnson -Frank enjoys an outstanding credit record and can easily finance any project specific expansion necessary. Our firm also stands on solid ground legally. We have never been involved in any litigation and have never had any claims against our $2,000,000 Professional Liability Errors and Omissions insurance. Demonstrated Ability Johnson -Frank & Associates, Inc. handles all projects with the same superior level of competency and enthusiasm. We have provided land surveying services for projects ranging from neighborhood shopping Clients' Success Depends centers to planned communities, large scale communications on Communication and Understanding networks, and transportation facilities. All projects were completed with focus on the clients' needs, resulting in success through satisfaction. Quality on Time US Corps of Engineers Award 1994, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 US Navy Award 1998 & 2001 The attribute that truly distinguishes Johnson -Frank & Associates, Inc. from other full service firms is our ability and commitment to communicate on an ongoing basis with our clients. Our experience shows that most projects require a continuing dialogue insuring that client' goals are constantly fine-tuned so that the final results will reflect the clients' very latest input. Our firm has performed all types of surveying services, including unique services that private firms are not often accustomed to providing, such as city or county wide horizontal and vertical control networks and geodetic leveling for subsidence monitoring. We work seamlessly as an extension of our client, whether they are a private entity or a governmental agency. Our rigorous attention to detail provides our clients with the utmost confidence in our services and has prevented our firm from ever being involved in any litigation. We continually receive outstanding performance evaluations from the Los Angeles District, U.S. Army Corps of Engineers. In addition, we are the only contractor for the LA District that has always been on time and within budget! We have received numerous very good and excellent performance ratings over the years from the Southwest Division U.S. Naval Facilities Engineering Command, the LA District, US Army Corps of Engineers, and the US Forest Service. 5150 E. Hunter Ave. 3 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency PHOTOGRAMMETRIC SUB -CONSULTANT Geospatial Professional Solutions Inc. (GPSi) Traces its roots back to the old Airborne Systems, Inc. Located in Anaheim, California, which was subsequently bought out by Stewart Geo Technologies Inc. (SGT Irvine, PSICA). When Stewart Title corporate office decided to shutdown the SGT operations in Irvine and Phoenix AZ in June 2007, the two key project managers Paul Hamilton -Rivers, and Ramon B. Ramos co-founded GPSi along with Alice Ramos to continue the long tradition of providing high quality photogrammetric mapping and aerial imaging products and services. GPSi was incorporated in California on May 29, 2007. It bought most of the assets of SGT (Irvine) and retained its core production staff thus maintaining the capability to service public agencies and companies engaged in the design, construction and management of public works, infrastructure systems, and the management of natural resources. GPSi has the manpower and equipment to accommodate time - critical and technically demanding projects and supports the missions of its clientele with a broad range of geospatial technologies. Company Profile Headquartered in Costa Mesa, CA, GPSi features the next generation of geospatial solutions that encompasses aerial image acquisition using the U1traCamLp digital aerial mapping camera, photogrammetry, remote sensing, and Geographic Information Systems. We are a certified small business (VSBE) & Woman -owned Minority Business Enterprise (WMBE). Our leadership team has a 29-year legacy of success in meeting and exceeding our clients' mission -critical needs that have rigorous mapping, CADD, GIS and orthophoto standards and specifications. This is reflected in our high client retention rate, along with a legion of satisfied customers. GPSi is proud to be the only California -based mapping company to offer the U1traCamLp, a Microsoft Vexcel digital aerial mapping camera tailored for high accuracy, design grade engineering mapping. With a 92 megapixel image format, a 1:2.2 pan sharpen ratio that collects PAN, RGB and NIR in parallel, and forward motion compensation by Time Delayed Integration (TDI), this camera delivers the same technical capabilities of larger models. The ability to deliver true -color and color -infrared (CIR) image quality with unmatched radiometric range, makes it ideal for small to medium sized large-scale, photogrammetric projects, high -resolution orthophoto production, precision photogrammetry, corridor mapping, and LiDAR integration. 5150 E. Hunter Ave. 4 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency COMPANY ORGANIZATIONAL CHART The following diagram represents the organization of the company as of this writing. Johnson -Frank& Assoc. ,Inc. Roger A. Frank, PLS President/CEO (Quality Control/ProjectSurveyorthis Project) Alan D. Frank, PLS Vice President (ProjectManagerthis Project) Accounting Teresa Frank Safety Leonard Castillo Map Checking Field & Office Survey Staff ProjectSurveyors /TaskManagers Alan D. Frank, PLS Leonard Castillo Joe Padilla, PLS DepartmentManager Shared Resource Coordinator Leonard Castillo Shared Johnson-FrankResource Pool GeoSpatialProfessionalSolutions, Inc. Aerial Photogrammetric Mapping and UDAR Services Johnson -Frank & Assoc., Inc. is a small enough firm that in effect, the whole firm is your team. As such, any and all resources and/or personnel within the firm will be available and committed to City tasks as necessary. At the same time, it should be noted that Johnson -Frank is not so small as to not be capable of fulfilling any and all of the City's needs. As this proposal and qualifications package shows, Johnson -Frank has the experience and resources available to provide the City with the superior service and quality for which Johnson -Frank has become known, the same level of service that the City has enjoyed in the past. 5150 E. Hunter Ave. 5 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 F �RW Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency UNDERSTANDING OF NEED General Land Surveying Services Understanding / Scope: Prior to submitting a cost estimate, we always thoroughly review the survey request with City Staff requesting the survey, as well as the site at hand, both from on -site visits as well as through aerial and satellite imagery readily available through Google Earth. We will adhere to the City's standard CAD and file templates. This is an issue with which we are very familiar. Working with local municipalities, Counties, and US Government agencies, we are familiar with translating into, or working in, anyone's CAD and file format standards seamlessly. Topographic Surveys: All of our topographic work products will be produced, and will be delivered, in AutoCAD Civil3D, unless alternate formats are requested. In addition, we will submit ASCII coordinate files along with said DWG and PDF files. We will perform additional surveying work as it becomes necessary, and in conjunction with the approval (if necessary) of the City Surveyor. As -Built Surveys: As -Built surveys will be performed as, and where, requested. Deliverable files will include ASCII and AutoCAD Civil 3D files in City formats, as well as any field sketches necessary to facilitate the depiction of the area or feature being detailed. Construction Layout: Thorough review of the construction plans is a crucial step that is often overlooked. We have found that catching errors in the plans prior to having field crews on site is infinitely more cost effective. It allows our project surveyors and our field crews to get acquainted with the plans ahead of time, rather than viewing the plans for the first time the morning that the stakes are needed by the contractor. We also believe in doing all possible calculations in the office rather than in the field. We have found that office labor is much more economical than field labor. In addition, the office personnel, with computers and CAD programs, are much more sufficiently equipped to perform mass calculations than the field personnel. We will follow the City's Construction Services, Survey Section staking policy as well as conforming to industry standards. 5150 E. Hunter Ave. 6 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Detailed and accurate records of Requests for Construction Staking will be maintained on the City's approved form. Grade sheets will be provided on the approved form to the Contractor, Inspector, and the City Surveyor. Regularly scheduled reports will be provided to the City Project Manager for all construction work activities. We will perform additional surveying work as it becomes necessary and in conjunction with the approval (if necessary) of the City Project Manager. Benchmark Set/Relocate We will establish new benchmarks as directed by the City Project Manager. We will meet or exceed the City's accuracy standards. Our firm has extensive Geodetic Leveling experience, including subsidence monitoring throughout the Wilmington/Long Beach area that we've performed annually for the last 20+ years, simultaneous leveling and GPS performed for the National Geodetic Survey as part of the National Height Modernization Study, as well as Geodetic Leveling performed throughout the State for the California Spatial Reference Center. As a matter of standard procedure at JFA, all leveling data is processed through Star*Lev. All electronic data, closures, and adjustments will be submitted to the City Project Manager. New benchmarks will be stamped as directed by the City Project Manager. Temporary benchmarks will be established where necessary as directed by the City Project Manager. Monument Preservation: Provide copies of recorded pre —construction corner records as required in compliance with the State of California's Land Surveyors' Act Section 8771. Set new monuments as required in compliance with the State of California's Land Surveyors' Act Section 8771 Provide copies of recorded post -construction corner records as required in compliance with the State of California's Land Surveyors' Act Section 8771. As the City Surveyor and/or On -call Survey Consultant for several local Cities, Johnson -Frank has extensive experience providing Monument Preservation services throughout Orange and Los Angeles Counties. 5150 E. Hunter Ave. 7 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency We will adhere to City, County, and State standards and fonrnats so that our Corner Records conform to any said standards that may exist. Horizontal and Vertical Control: Provide permanent control points for topographic or construction surveys. Establish coordinates for control points using California Coordinate System 1983, Zone VI, 2007 Epoch, or other as requested by the City Project Manager. Establish elevations for control points using the City of Santa Ana and Orange County Bench Mark network and the North American Vertical Datum of 1988, or other as requested by the City Project Manager. Provide copies of field notes, and/or computer files showing raw results and any adjustments ("Star -Net" files). Provide computer files compatible with AutoCAD Civil3D, or Trimble Business Center, showing final adjusted coordinates (P,N,E,Z,D) for each control point. Real Time Kinematic (RTK) methods of GPS surveying will NOT be accepted for the establishment of horizontal or vertical control points. We will adhere to the City, or County, control system, as directed by the City Project Manager, and provide control deliverables in digital format. Control work is another area within which we have a superior level of experience and knowledge. We have performed geodetic control for numerous public agencies, including the City of Irvine, the Los Angeles District Corps of Engineers, the Southwest Division, US Naval Facilities Engineering Command, the California Spatial Reference Center, and directly for the National Geodetic Survey. We have performed everything from traditional horizontal control prior to the advent of GPS, to high precision horizontal GPS, and even assisted the National Geodetic Survey in developing standards for performing high precision Vertical GPS surveys. Map Checking Understanding / Scope: In general, all map checking follows a similar work flow. Unlike many standard surveying procedures, map checking always follows a checklist. This ensures that all items with which a particular agency or jurisdiction is concerned are adequately reviewed, and that no critical items are overlooked. In general the checking process goes as follows: • The process starts at the top of the title sheet, where items such as the date of the survey, the tract number, and acreages are checked. The next step is to check the legal description of the property and ensure that it matches the title report provided. Then on to dedications and 5150 E. Hunter Ave. 8 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency certificates, including owner's certificates, surveyor's/engineer's certificates, county certificates, etc... • The next step is to verify that we have on hand any necessary clearance letters, informational sheets, street name approvals, approved tentative, conditions of approval, etc... that may be needed, and their status, whether provided or still needed. • We then verify that the top of all sheets have the necessary information such as the date of survey, tract number, surveyor's/engineers name and number, total acreage, number of numbered lots, number of lettered lots, and sheet number together with the total number of sheets. • We then begin checking the individual map sheets. Are there any land locked lots? Are there north arrows and scales on every page with correct, convenient orientation to facilitate reading of the map? Has the intended use of lettered lots been shown? Are the street names and widths shown? Is the map legible, and have the proper fonts and proper sized lettering been used? • Then we turn to monumentation and verify that proper monumentation has been found and used, that each monument has been properly called out, described, and referenced. We check to see that monuments required to be set have been set or are called out as to be set. • The next step is to verify that all existing easements have been properly delineated, labeled, and tied down, and that all easements being dedicated are shown and properly noted as being dedicated and accepted. • Then we turn our attention to correct and sufficient boundary location. Has the map been based on proper survey control? Has prorating and proportioning been performed properly? Have deeds been interpreted correctly? Have relationships to adjacent lines of record been handled properly? Have the methods of establishment been shown? Do all annotations on the map match those shown on the map traverse closures and do all closures close? • The final items to check cover all miscellaneous items, including spelling, sufficient details, clarity of drafting, and any other items relevant to state law, local ordinances, and professional survey practice. We have developed a "digital" method of map checking in order to be able to easily transmit all check data, including map mark-ups. In addition to making the communication between all parties far easier, and faster, the mark-ups are much easier for the submitting engineer/surveyor to read and understand. Typed corrections encourage "thoroughness" on the part of the checker, contributing to more thorough understanding by the user. We are the first, in this area, to have moved from hand marked maps to digital, and to date, remain the leaders in the area. Capability of the Proposed Team Johnson -Frank & Associates, Inc. has been a surveying and mapping firm since its inception in December 1975, and remains so today, with one hundred percent of our business being surveying and mapping. As a result of our emphasis on surveying and mapping, we are better equipped and better trained than most firms offering these services. With our top of the line equipment, trained personnel and principals and key employees having many years of both field and office surveying experience, our firm is ideally suited to provide services on a wide variety of projects. We are 5150 E. Hunter Ave. 9 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. W On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency equipped for any type of survey in all types of terrain including Global Positioning Systems surveys with our Trimble Global Navigation System Satellite Receivers and Terrestrial Laser Scanning with our Riegl LMS-Z420i 3d laser scanner. In addition to our regular survey crews, we have the equipment and base personnel (management and party chiefs) to field up to three additional survey crews on very short notice. The size of our firm enables us to handle City projects in a quick and efficient manner. We are capable of fielding survey crews to the site within one day's notice. In addition, our association with the International Union of Operating Engineers affords us the ability to augment our core workforce with additional field personnel. This association with the Union also alleviates any Prevailing Wage issues that may arise as our employees are always compensated appropriately. Is Bigger always Better? - There is a lot of hype in the marketing of Engineering and Surveying services about capacity, and about how a larger firm is more capable to serve public agencies simply because they have more people. But the truth is, bigger is not necessarily better. These large engineering firms claim enormous capacity, but are generally bulky, and less flexible than smaller businesses. They can show large numbers of people in varied disciplines, and they have a highly paid marketing staff to "sell" that large staff and overhead as a "positive" to agencies and other clients. But the truth is, they cannot turn on a dime. They can show vast resources as available, but the simple fact is, they do not have resources "on the shelf' which are not already obligated to their other clients. That is a simple fact of business. If they did, they would be out of business very soon. On the other hand, our firm is not going to pretend we have a large number of people sitting around doing nothing waiting for your job. Our staffing level allows us to be agile, and with our depth of knowledge and experience in the specific field for which this RFP is addressed, we are able to shift priorities, reschedule tasks, and authorize overtime out of our budget, not yours, when necessary to meet any foreseeable needs. The City of Santa Ana is a priority client to us, not just one of the hundreds necessary to sustain a large firm. We do what it takes to satisfy our clients' needs, and we have a proven history of doing just this. A large firm, with its regionally based leadership and huge overhead is not necessary, or even logical, to service the surveying needs of the City of Santa Ana. The dedicated and flexible team of professionals that is Johnson -Frank & Associates, can and will service those needs efficiently, cost effectively, and give the City the priority service they deserve. 5150 E. Hunter Ave. 10 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F F Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency SIMILAR PAST PROJECTS On -Call Services, Irvine Contact: Andrew Pham, Project Manager, (949) 724-7309 / apham@ci.irvine.ca.us City Surveyor: • Digital Submissions • Map Checking • Annexations • Lot Line Adjustments • Construction Staking • Subsidence Monitoring • Geodetic Control • Topo Mapping Over the past 44, years Johnson -Frank & Associates, Inc. has provided the City of Irvine with countless services including checking of Subdivision Maps, both digital and hard copy, checking of lot line adjustments, checking of legal descriptions and exhibits, indexing of centerline ties, boundary surveys, centerline alignment surveys, construction surveys, control surveys, and deformation/subsidence surveys. In 1980, Johnson -Frank & Associates, Inc. designed and implemented a city wide geodetic control network for the City. This network included 227 stations and was completed prior to the advent of GPS equipment. The survey was performed with Wild T-2 Theodolites and Electronic Distance Measuring equipment. We have subsequently tied this network to the California High Precision Geodetic Network (HPGN) and has been readjusted to the North American Datum of 1983 (NAD83) (1991.35 Epoch). In 1988, Johnson -Frank & Associates, began providing subsidence monitoring services for the City at the Turtle Rock housing development. This project consisted of $245,000 of monitoring surveys over 7 years. Federal Geodetic Control Subcommittee (FGCS) First order, Class II leveling procedures and high precision Sinco Tilt Meters were used to monitor the subsidence. Johnson -Frank & Associates, Inc. has provided construction surveying services on public works projects in the City including several bridges and numerous streets. These include Alton, including the Highway 73 overpass, Barranca, including the Interstate 5 overpass, Harvard, Irvine, Irvine Center, Jamboree, Main, including the Interstate 405 overpass, Portola, Sand Canyon, and Technology as well as many others throughout the City. 5150 E. Hunter Ave. 11 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency City of Santa Ana Contact: Mindy Ly, City of Santa Ana, (714) 647-5665 / mly@ci.santa-ana.ca.us John Gonzales, City of Santa Ana, (714) 647-5033 / jmgonzales@santa-ana.org Johnson -Frank has held numerous contracts with the City of Santa Ana last 23 years. Services have included laser scanning and topographic surveys of arterial streets, construction staking, monument preservation / Corner Records, boundary surveys and Records of Surveys, review of legal descriptions and exhibits, and general Land Surveying consulting. We have become intimately familiar with the City's procedures and needs with respect to all aspects of the services needed from their Surveying and Mapping Services consultant. Over the last 23 years we have always completed tasks for the City within budget, or under budget, and on time. All deliverables have been compiled using the City's CAD standards and processes. Recent past construction experience with the City of Santa Ana include: Wilshire Avenue & Borchard Avenue Water Main Improvements City Project No. 15-6452 - JFA No. 2010142.017 July 2015 - Provided lay -out surveying for new main line and crossing line construction. Chestnut Avenue Class II Bikeway City Project No. 13-6796 - JFA No. 2010142.019 November 2015 - Provided lay -out surveying for pavement reconstruction and new curb, gutter & sidewalk construction. Wilshire District Construction Support City Project No. 15-6452 & 15-6836 - JFA No. 2010142.025 October 2015 - Provided lay -out surveying for new cross -gutter and curb & gutter construction 5150 E. Hunter Ave. 12 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Services, City of Yorba Linda Reference: Rick Yee, City Engineer Mark Stowell, Former City Engineer (currently with the City of La Mirada) (714) 961-7170 / ryee@yorba-linda.org (562) 902-2385 mstowell@cityoflamirada.org In 2006, Johnson -Frank was awarded a contract for on -call survey consultant services by the City of Yorba Linda. Johnson -Frank has acted as an extension of City staff since then, performing numerous projects from detailed historical property rights research to construction staking services. Weir Canyon Road & Savi Ranch Parkway Intersection Improvements: This project included construction staking and support services for the reconstruction and re -alignment of this major arterial intersection in eastern Yorba Linda. The project also included monument preservation in compliance with California State Law. The project was completed on time and within budget at $61,000. Imperial Highway Excess Relinquishment: This project involved establishing and divesting the City's interest in lands between the sound walls on either side of Imperial Highway, and the adjacent private owners, from Yorba Linda Boulevard southerly to Kellogg Avenue. This project was completed on time and within budget at a total cost of $36,000. Landscape Maintenance Assessment Districts Study: This project involved extensive research into the origination of numerous parcels throughout the City for which the City has historically been providing landscape maintenance. The purpose of the study was to determine which parcels the City had a legal obligation to provide such services, and which parcels may in fact be the adjacent private owners' responsibility. The project was completed on time and within budget at $66,000 5150 E. Hunter Ave. 13 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Surveying Services under Contracts HD-6225, HD-IC-01330, HD IC-01368, and HD-IC-01521 Port of Long Beach, P.O. Box 570, Long Beach, CA 90801-0570 Johnson -Frank has held numerous on -call contracts with the Port of Long Beach over the years, dating back as early as 1990 at which time we were contracted to establish a Port wide geodetic control network. From 1990 to 2013 we have completed numerous projects with the Port ranging from topographic surveys of rail lines to the construction staking of Pier T. Phase I of Pier T: In 2000, Johnson -Frank was selected for a one-year on call surveying contract (HD-6225) for the construction surveying and as built mapping for Phase I of Pier T. The project included surveying for storm drains, sewer lines, waterlines, rough and finish grade, curb and gutter and quantity surveys for material payments. We were required to map all underground utilities as they were completed. We maintained these as -built drawings in AutoCAD 2000. More recently, a contract was awarded in November 2006 (HD-IC-01330), and a second contract was awarded in November 2007 (HD-IC-01368). Under these two contracts, four separate projects / tasks were completed. These included the re -observation and establishment of the Port wide Geodetic Control Network, general T&M personnel and crew services, Laser Scanning Topography, and a Topographic Survey of the Weyerhaeuser Terminal. Port Wide Geodetic Network: This project was completed in March 2007. The project involved the re -observation and re-establishment of the Port's Geodetic GPS Control Network. It included 48 monuments in and around the Port. The project generally followed the NOS NGS- 58 2cm guidelines. Deliverables included digital photos, descriptions, a complete control map, and data sheets for each station. In addition, values were published in NAD83 (2007), NAD83 (1991.35), NAD27, NGVD29 MLLW, and NAVD88. Topographic Survey of Weyerhaeuser Terminal: This project was completed in May 2008. It included topographic surveying of the approximately 19 acre active Weyerhaeuser Terminal. This project was extremely difficult given the active nature of the terminal and the need to work closely with Terminal staff to coordinate activities. In all, the project included 2,411 topo shots from 19 individual total station occupations throughout the terminal, as well as GPS observations from the topo control to the recently re-established Port Wide Geodetic Control Network. Most recently, a contract was awarded in April 2010 (HD-IC-01521). Under this contract, eight separate projects / tasks have been completed and one project / task is due to be completed by September 30th. These projects have all been topographic surveying tasks, the first eight of which have been ground 5150 E. Hunter Ave. 14 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency surveying, and the last, currently underway task, includes ground surveying together with aerial mapping and orthophotography. Ground and Aerial Topographic Survey for Pier E Redevelopment: This project will be completed by September 30, 2011. It includes field topographic surveying of all hard joins plus aerial photogrammetric mapping throughout the northerly current construction area, approximately 48 acres. The project also includes producing digital orthophotography at 0.12 foot pixel resolution for the entirety of the Middle Harbor Program, approximately 308 acres. This project is on an extremely tight time schedule with a Work Authorization of August 30th and a scheduled delivery date of September 301h, only 30 days later. The photogrammetric consultant on this project is GeoSpatial Professional Solutions, Inc. (GPSi). Gerald Desmond Bridge Replacement Project: Johnson -Frank is currently involved in the 6-year, $800 million project for the replacement of the Gerald Desmond Bridge. With over 20 years of surveying and mapping experience within the Port of Long Beach, Johnson -Frank was chosen by Parsons -Brinkerhoff to provide surveying, mapping, and construction oversight for the construction management / project management team. One of the prime areas of performance is providing a unified boundary survey that will serve as the basis for all acquisitions, relinquishments, and the ultimate right of way configuration for the project. Once an area that consisted of normal subdivisions created by Tract Maps, the land that comprises the Port of Long Beach is now mostly all owned by the Port. Although the physical evidence of these old subdivisions has long since been destroyed, much of the cadastre throughout the area is still based on the historical subdivisions. Additionally, an assortment of adjudications, condemnations, and the creation of the Compromise Tideland Boundary Line by the California State Lands Commission all combine to create what is certainly a unique title environment. Johnson -Frank occupies a unique position in that they are currently responsible for unifying over 70 years of various conflicting boundary elements and creating a new cadastre for the area. Contact: Mr. Kim Holtz, Chief Surveyor, Port of Long Beach — (562) 283-7271 5150 E. Hunter Ave. 15 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Services, City of Anaheim Contact: Rick Hill, Anaheim City Surveyor - (714) 765-5284 / rwhill@anaheim.net In 2005, Johnson -Frank was awarded a contract for on -call survey/mapping services by the City of Anaheim. The contract gave the City Surveyor immediate access to our pool of resources. This allowed for greater flexibility and accommodation of resources for projects. Johnson -Frank and Associates acted as an extension of the City Surveyor's Office and was always able to respond to staff needs in a timely and professional manner. The following are a few examples of services provided to the City. Subdivision and Parcel Consolidation of Anaheim Stadium Properties: As part of our contract we worked closely with city staff at all levels of management to subdivide and consolidate the properties comprising the Anaheim Stadium complex. This major project involved numerous agencies and municipalities. It required the review of more than 25,000 pages of various legal records to determine their affect, if any, on the project and client goals. Through due diligence, several potential liabilities were able to be addressed before they could cause harm to title of the property. After resolving all title issues, conducting boundary and topographic surveys, encroachment analysis, and writing new legal descriptions, a parcel map was filed and recorded. This project was completed in 2008 at a cost of just over $160,000. City -Wide Sanitary Sewer Improvement Program: This project comprised several miles of new pipelines together with short segments to repair the aging infrastructure. Our ability to deploy substantial resources quickly meant that several construction sites were served simultaneously. Services provided included design topographic surveying, construction surveying, and monument preservation. With several thousands of feet of new sanitary sewer lines being laid simultaneously, quality assurance and quality control procedures were an integral part of daily activities. This project was completed in August 2009 at a total cost of $45,000. Santa Ana Canyon Road Rehabilitation and Realignment: Santa Ana Canyon Road serves as a major transportation artery for North Orange County. With more than 20,000 commuters each day relying on this corridor for access to regional services, surveying activities were F I carefully managed to provide the greatest free flow of traffic while expediting the delivery of meaningful data to city design staff. The project took us through nearly 100 years of legal records and engineering notes in order to re-establish the historic dual alignments. ,r�{ Dozens of monuments and ties were found, reset, and re-established in an effort to perpetuate survey evidence and comply with state laws. Our noninvasive approach was appreciated by commuters and City staff alike. This project was completed in February 2010, at a total cost of $36,000. With each call for service, Johnson -Frank implemented QA/QC measures to supply accurate and precise data in various digital and print formats as needed by City staff. 5150 E. Hunter Ave. 16 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 �` Johnson -Frank & Associates, Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Map Checking / Map Review Expertise and References PARCEL MAP NO- 2013-720 � c � PARCEL MAP NO_2U73129 5150 E. Hunter Ave. (714) 777-8877 One of Johnson-Frank's core competencies is subdivision map review and map checking. The firm began in 1975 for the sole purpose of providing timely map checking services to the City of Irvine. Over the years our services to the City, as well as to other clients, have grown. To this day, Johnson -Frank focuses an entire department on Map Checking, which still generates nearly 20% of our annual gross revenues. Timely and Accurate Review Upon Which Numerous Cities and Counties Rely Johnson -Frank currently serves the map checking needs of five cities and one county. These Cities and Counties are listed below with reference contact information: • County of Orange /Kevin Hills (714) 967-0824 • City of Irvine /Mark Carroll (949) 724-6410 • City of Mission Viejo /Rich Schlesinger (949) 470-3079 • City of Laguna Niguel /Nick Renn (949) 362-4325 • City of San Marino / Carlos Alvarado (626) 960-1889 • City of Covina /Leo Tolentino (626) 384-5487 Relying on Johnson -Frank for map review is a sure thing. We have the full time, dedicated and trained staff to fulfill any local agency's needs and have been doing so for the City of Irvine for the past 39 years. 17 Anaheim, CA 92807 alanfrank@johnson-frank.com FAX: (714) 777-1641 f Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Map Checking Services, City of Irvine References: Andrew Pham, Project Manager (949) 724-7309 apham@ci.irvine.ca.us Rudy Romo, Project Manager (949) 724-7303 / rromo@ci.irvine.ca.us Johnson -Frank has worked with the City of Irvine for the last 42 years. During this time we have checked over 1,350 Tract and Parcel Maps for technical correctness. We have also worked very closely with the City on the development of both the former 1983, and the new 2009 Irvine Subdivision Ordinance and Manual. During the subdivision review process, we also play an important role to ensure the final map is in substantial conformance with the Tentative Map and the Conditions of Approval. One of the important Standard Conditions is to identify any controlling monuments that may be destroyed during construction. Monuments that appear to be in danger are highlighted and pointed out to the map preparer. We assure that measured ties from those endangered monuments to substantial monumentation are shown either on the map itself or on a Corner Record filed with the County. - TRACT NO. 17179 •s as4'i O.e FT To achieve and maintain consistently high levels of .. performance, we developed and employ various check lists that incorporate the Professional Land Surveyor's Act, the Subdivision Map Act, and the Irvine Subdivision Manual. These checklists cover the wide variety of map checking services we perform, including Final Maps (Tract Maps), Parcel Maps, Legal Descriptions and Exhibits, as well as Lot Line Adjustment Applications and their corresponding Quitclaim Deeds. We also provide monumentation verification services to the City prior to monument bond exoneration. Map Checking staff and/or field survey crews field verify that the required monuments have been set. If our field findings indicate that monuments have not all been set, or if a Certificate of Correction is needed, we notify the map preparer and the City of those items. Any necessary Certificates of Correction are also reviewed by our Map Checking staff prior to final approval by the City and transmittal to the County for recordation. 5150 E. Hunter Ave. 18 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Survey Equipment and Software Our equipment inventory is such that we can fully equip three (3) to four (4) survey crews at all times. The equipment owned and utilized by Johnson -Frank & Associates, Inc. is the latest "state of the art" equipment. The combination of having highly qualified personnel using the best equipment available results in our being able to provide our clients with efficient, economical, and quality services. Some of the major items of our equipment include: Field Systems • Motorola Handie Talkie Radios (10+ mile range) (for all field and supervisory personnel) • All field chiefs, project managers, and support personnel equipped with cellular phones • All our survey vehicles are 4-wheel drive • All field crews equipped with laptop computers G.P.S. Twenty three (23) Trimble Dual Frequency P Code Global Positioning Satellite Receivers with RTK (Real Time Kinematic), OTF (On The Fly) Data Collection, and Airborne GPS capability. (4 full RTK systems, all of which are Real Time Network (RTN) Capable) Delorme laptop based vehicular navigation systems Total Stations & Theodolites • Geodimeter & Trimble Servo Driven, Robotic, and Reflectorless Total Stations • Wild T-3 Theodolites of 0.2 second accuracy (High order astronomic azimuth determination) Terrestrial 3D Laser Scanning • Riegl LMS Z420i 3D Laser Scanning System • Riegl RiSan Pro Scanning and Processing Software • Polyworks Scan Cloud Processing Software • Leica Cyclone and C1oudWorx Software Levels .1 . vlerr=v wireless 0 �;, Trimble to RIEGL • Leica DNA03 First Order Digital Bar Code Reading Level w/ Matched Calibrated Invar Rods • Leica NA3003 First Order Digital Bar Code Reading level w/ Matched Invar Rods • JENA N1002 First Order Precise Levels w/ Matched Invar Rods • Zeiss Ni 1 First Order Precise Level w/ Matched Invar Rods • Zeiss Self -Leveling Levels Office Systems • Desktop and Laptop Computer Systems, Windows 2000 server and peer to peer networking, 24/7 DSL internet connection with unlimited email file size capability • fT AutoCAD Civil 3D Star*Net Trimble Business Center KwikStar, ���f ��� • TDS, Bentley Microstation, InRoads, ESRI ArcGIS • Hewlett-Packard Design Jet Color E Size Drafting Plotters + Xerox large format (42" wide) Color Scanner / Copier 5150 E. Hunter Ave. 19 (714) 777-8877 alanfrank@johnson-frank.com Arc - AutoCAD [s"I G I S Civil 3D Anaheim, CA 92807 FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency 5150 E. Hunter Ave. 20 (714) 777-8877 alanfrank@johnson-frank.com Anaheim, CA 92807 FAX: (714) 777-1641 00 Johnson -Frank & Associates. Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit A - Certification and Pricing See separate sealed envelope. 5150 E. Hunter Ave. 26 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. F ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit B — References Orange County Surveyor's Office (OCS) Kevin Hills, Orange County Surveyor ............... John Canas (former Orange County Surveyor).. Ray Mathe (former Orange County Surveyor) ., Local Cities Mindy Ly, Engineer, City of Santa Ana ......... John Gonzales, Surveyor, City of Santa Ana.. Andrew Pham, City of Irvine .......................... Rick Hill, Anaheim City Surveyor .................. Rich Schlesinger, City of Mission Viejo ........ Jeff Sortman, City Surveyor, Long Beach ...... ................(714) 967-0824 / kevin.hills@ocpw.ocgov.com .........................................................jcanas@socal.rr.com ....................................................... pls6185@hotmail. com .............................. (714) 647-5665 / mly@ci.santa-ana.ca.us .........................(714) 647-5033 /jmgonzales@santa-ana.org ................................(949) 724-7309 / apham@ci.irvine.ca.us ...................................(714) 765-5284 / rwhill@anaheim.net ......... (949) 470-3079 / rschlesinger@cityofmissionviejo.org ................(562) 570-3093 / Jeffery.Sortman@longbeach.gov Port of Long Beach Kim Holtz......................................................................................... (562) 283-7271 / kim.holtz@polb.com Jon Hornecker........................................................................... (562) 283-7255 / Jon.Hornecker@polb.com Ken Blake (Gerald Desmond Bridge Project)........................(707) 934-7893 / ken.blake@gdbrproject.com Metropolitan Water District of Southern California Julio Castillo.................................................................................(909) 392-2590 /jcastillo@mwdh2o.com Mike McClue..............................................................................(909) 392-2498 / mmcclue@mwdh2o.com US Army Corps of Engineers Alan Nichols, LA District.......... Vulcan Materials Co. Larry Lao .............................. 5150 E. Hunter Ave. (714) 777-8877 ................................ (626) 401-4010 / alan.a.nichols@usace.army.mil ....................................................(323) 855-4553 / laol@vmcmail.com 27 Anaheim, CA 92807 alanfrank@johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit C - Proposers Statement The only exceptions we have to the proposed contract are relative to named additional insureds requested in the insurance endorsements. We have attached sample insurance certificates, which are already in place with, and previously accepted by, the City of Santa Ana. Our endorsement reads "City of Santa Ana, its officers and employees". The proposed contract requests this to read "City of Santa Ana, its officers, employees, agents, volunteers, and representatives". However, agents, volunteers, and representatives could literally be anyone, and are too broad to qualify as persons or organizations to whom Additional Insured status would extend. 5150 E. Hunter Ave. 28 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 00 Johnson -Frank & Associates. Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit D — Non -Collusion Affidavit 5150 E. Hunter Ave. 29 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by 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, organization, bid depository, or to any member or agent thereof to effectuate a col l usive 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 -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 0 (fCUk'-b Subscribed and .-sworn —to- (or affirmed) before me on this V3 day of 201J by pd/A,�A_ b. Fom L, proved to me on the basis of satisfactory evidence to be the perso>K who appeared before me. c t otary Public Aignature D'SHONE SMINEY Notary Public - California Orange County Commission M 2201543 My Comm. Expires Jul 11, 2o21 Notary Public Seal City of Santa Ana RFP Page A3-1 F �RW Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit E — Non -Lobbying Certification Appendix ATTACHM ENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies. by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract- the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment. or modification of any federal contract, giant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and Submit a -Disclosure of Lobbying Activities" - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 mid not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100.000 and that all such sub recipients shall certify and disclose accordingly. Firm Johnson -Frank & Assoc., Inc.. Signed and Printed Name: 15 L Alan D. Frank Title President Date October 22, 2019 City of Santa Ana RFP Page A3-2 5150 E. Hunter Ave. 31 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit F — Non-discrimination Certification Appendix ATTACHMENT 3-3. NON-DISCRIMINATION CERTII''ICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion. sex. or national origin. Such action shall include, but not be limited to, the following: employment. upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant*s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965. and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24. 1965. and by rules, regulations. and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations. and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled. terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by rule, regulations. or order of the Secretary of Labor. or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 5150 E. Hunter Ave. 32 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735. as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps. mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: /_�?-� Alan D. Frank Title: President Firm: Johnson -Frank & Assoc- Inc. Date: October 22, 2019 City of Santa Ana RFP Page A3-4 5150 E. Hunter Ave. 33 (714) 777-8877 alanfrank@johnson-frank.com E Anaheim, CA 92807 FAX: (714) 777-1641 00 Johnson -Frank & Associates. Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit G - Sample Insurance Endorsement 5150 E. Hunter Ave. 34 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F ' Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency At---- n` CERTIFICATE OF LIABILITY INSURANCE DATE,Y 111nnOOrfY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Services CONTIOA Betty Tran NAME Betty 130 Vantis. Suite 250 A1i50 Viejo, CA 92fi5fi PHONE FAx J wa _ 1 949-297.5962 lA c Nil 94&297-5980, - ADDRESS: betty tran@ioausa.cOm INSURERISIAFFOROING COVEPAGE NAILS WWW.*OUSa.ODm CALIoerwODE67768 INaURERA: RLIinsurance Company 13056 tNSUI= Johnson -Frank & Associates, Inc. IN SURER B : 5150 E- Hunter Avenue INeuReRe: Anaheim CA 92807 INauReRD: INBYRERE: INSURER F: Cr1VFRAGFS CFRTIFICATF NI1AII1 • AA9 RnR Rp"ffle W NIIYRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - INaR LTR TYPE OF INSURANCE POLICY NUMBER B POLICY Eli P Y EIIP IJIMTe A J COMMERCIAL GENERAL LIAMUTY +/ PSB0001301 12012018 12/112019 EACHOCCURRENCE $1000000 CI AIMS NtAOr J OCCUR Scheduled Al Endt DAMAGE TO RENTED n.raiwaJ $1,000,000 ✓ PrimMonCon _ MPPB MFV LXF'IAAy One MWIi $10000 Processsionalional 2 Services J Wvr of Subr performed by the Insured PERSONAL a ADV INJURY 31 000 000 GEN'L AGGREGATE LIMIT APPLIE5 PER are Excluded GENERAL AGGREGATE_ 32.000,000 POI ICY J jF o- J l nC PROOUCTS - CnMPIOP ADG 32.000 ODO 01HER 3 A AUTOMOBLELLAUMM ✓ PSA0001078 12)112018 1211/2019 ,EaaGC]ant+ 31.000000 ✓ ANYAUTO Designated Insured Endl 1II Y INJAY;P. P�I S OVALD SCHEDULED #CA20481011 PdmlNonCon e0O1LY EI.rt1RY LPN /Ct1011q 3 _ AUTUS ONLY J AUTOS HIRED NONO NED and Blkt Wvr of Subr PROPERTY DAMAGE e J AUTOS ONLY J AUTOS ONLY included on pg 2 of Form ,Per —0"a PrimMonCon Mr of Subir #PPA3000313 3 A UMBRELLAlLA33 / OCCUR PSE0001230 12dIM18 12/1/2019 EACNOCCURRENCE $4.000000 V EXCESS LIAR CLAIMS -MADE Excludes Professional AGGREGATE s4 000 OW LiabiltyTIONS i DES RETEN $ A WORKERS COMPENSATION ✓ PSWDOC2298 12+112018 12/112019 J FIER STATUTE ERA I ANO EMPLOYERS' UABILRY YIN Waiver of Subrogation - ' AtrrPRCGRiLtCrIFANINEWE%ECUnVE OFF ICEWN EMBER ENCL UCED'/ EL EACH ACCIDENT 31.000ODO Nr• Endt#WG0403060484 - 1MandateryinNN) E-L.DISEASE, EA EMPLOYEE S1,000.OD0 I �ress dt•s:�I u k DLSCRIPTION OF OPERATIONS Eei Y E L DISEASE -POLICY LIMIT T 1.000 000 A Professional Liability RDP00344A8 12+112018 112l1,2019 $2,000.00D Each Claim Claims -Made S2.000.000 Aggregate DESCRIPTION Of OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, may Ee nteched It more space Is reuuired) Certificate Holder is an Additional Insured with respect to General Liability (GL) and Automobile Liability but only when required by written contract with the Insured prior to an occurrence as per Endorsements noted above. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOMmers' Coverage form. A Workers Compensation Waiver of Subrogation as noted above is included for the person or organization named in the Schedule that are parties ID a contract requii this Endorsement, provided that contract is executed before the loss Coverage subject to all policy terms conditions, limitations and exclusions 30 Day Notice of Cancelel0 Days for Non -Payment in accordance with policy provisions r:FRTIFM'ATF 111n1 nii r-ARIr:FI I ATM1M REP 17-009 and Agreement AA-2011-0984A-2017-159 CITY of Santa Ana, its officers and employees Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT10E WILL BE DELIVERED IN PO Box 1988 M-36 Santa Ana CA 92702 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .tr�!lyrJ r� iAVCV AIIc+a K 1 ram tE1988-ZU75 AGVRU GV RPVRA fION. All rights reserved. ACORD 25 (201W03) The ACORD name and logo are registerad marks of ACORD 45:.a.I I- I _ ; I Ii .: T, t.; .FRr —.-yr•PLI -r...-, r.r, 1 1,;4 ;:.lid 1 _ I L I 5150 E. Hunter Ave. 35 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 EXHIBIT C Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page I of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed C Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant Amount Date 11 ° 201.57% 213.20% n e ral &Administrative % = Combined ICR% OR &Administrative % = Home Office ICR% inistrative % = Field Office ICR% I Fee = % I BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight3 OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only John Doe - Project Manager * $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Civil Engineer II $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Sue Jones - Construction $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer/Inspector $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% Engineer I $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Buddy Black - Claims Engineer $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer III $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Land Surveyor ** $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00 - $00 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00 - $00 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00 - $00 Technician $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00 - $00 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00 - $00 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00 - $00 (Add pages as necessary) Page 4 of 9 January 2018 ON -CALL CONTRACT PROPOSAL NORMAL OVERTIME BILLING INFORMATION Fringe Benefits % Overhead % 11.63% + 49.20% 11.63% + 49.20% FEE % 10.00% Attachment A Consultant: Johnson -Frank & Assoc., Inc. Page 1 of Date: 2023-02-17 Contract No.: General Administration % + 152.37% + 152.37% ESCALATION 0.00% CALCULATION INFORMATION Combined % 213.20% 213.20% Name/Classification' Hourly Billing Rates Straight OT (1.5x) OT (2x) Effective date of hourly rate From To Actual/ average hourly rate2 % increase Hourly range for class Alan Frank, Survey PM / Project Surveyor 341.07 N/A N/A 04/04/23 04/03/24 $99.00 341.07 N/A N/A 04/04/24 04/03/25 $99.00 0.00% 341.07 N/A N/A 04/04/25 04/03/26 $99.00 0.00% Roger Frank, QA/QC / Project Surveyor 341.07 N/A N/A 04/04/23 04/03/24 $99.00 341.07 N/A N/A 04/04/24 04/03/25 $99.00 0.00% 341.07 N/A N/A 04/04/25 04/03/26 $99.00 0.00% Joseph Padilla, Project Surveyor 206.26 N/A N/A 04/04/23 04/03/24 $59.87 206.26 N/A N/A 04/04/24 04/03/25 $59.87 0.00% 206.26 N/A N/A 04/04/25 04/03/26 $59.87 0.00% Senior Survey Technician 163.65 187.40 211.15 04/04/23 04/03/24 $47.50 $47.00 to $48.00 163.65 187.40 211.15 04/04/24 04/03/25 $47.50 0.00% 163.65 187.40 211.15 04/04/25 04/03/26 $47.50 0.00% Survey Technician 109.21 125.06 140.91 04/04/23 04/03/24 $31.70 $31.70 109.21 125.06 140.91 04/04/24 04/03/25 $31.70 0.00% 109.21 125.06 140.91 04/04/25 04/03/26 $31.70 0.00% 1 Person Survey Party 217.94 249.57 281.20 04/04/23 04/03/24 $63.26 $63.26 217.94 249.57 281.20 04/04/24 04/03/25 $63.26 0.00% 217.94 249.57 281.20 04/04/25 04/03/26 $63.26 0.00% 2 Person Survey Party 406.95 466.01 525.07 04/04/23 04/03/24 $118.12 $118.12 406.95 466.01 525.07 04/04/24 04/03/25 $118.12 0.00% 406.95 466.01 525.07 04/04/25 04/03/26 $118.12 0.00% 3 Person Survey Party 593.95 680.15 766.35 04/04/23 04/03/24 $172.40 $172.40 593.95 680.15 766.35 04/04/24 04/03/25 $172.40 0.00% 593.95 680.15 766.35 04/04/25 04/03/26 $172.40 0.00% Clerical / Administrative 1 150.561 172.41 1 194.26 04/04/23 04/03/24 $43.70 $43.70 150.561 172.41 1 194.26 04/04/24 04/03/25 $43.70 0.00% 150.561 172.41 1 194.26 04/04/25 04/03/26 $43.70 0.00% JOHNSON-FRANK & ASSOC., INC. OFFICE EMPLOYEE BASIC HOURLY RATES AND COSTS NAME CLASSIFICATION Exempt / Non-exempt BASIC HOURLY RATE Roger Frank Project Manager / Surveyor Exempt 99.00 Alan Frank Project Manager / Surveyor Exempt 99.00 Joseph Padilla Project Manager / Surveyor Exempt 59.87 Lenny Castillo Senior Survey Technician Non-exempt 47.00 Iris Warfield Map Checking / Survey Tech Non-exempt 48.00 Bob Bintliff Map Checking / Survey Tech Non-exempt 31.70 Teresa Frank Administrative Non-exempt 43.70 FIELD EMPLOYEE BASIC HOURLY RATES AND COSTS NAME Exempt / Non-exempt BASIC HOURLY RATE California LS Party Chief Non-exempt 63.26 Certified Party Chief Non-exempt 61.56 Chief Non-exempt 59.51 lParty Instrument person Non-exempt 54.86 Chainperson Non-exempt 54.28 ON -CALL CONTRACT PROPOSAL Attachment A Consultant: Johnson -Frank & Assoc.. Inc. Page of Date: 2023-02-17 Contract No.: SCHEDULE OF DIRECT COSTS UNIT GNSS SURVEY EQUIPMENT: GPS Unit Cost Calcs Cost: $ 43,489.56 Number of Units: 2 Cost per Unit: $ 21,744.78 Estimated Useful Life: 5 Years Cost per unit per year: $ 4,348.96 Working Days per Year: 260 Estimated billable days: 130 Cost per billable day: $ 33.45 per unit Industry Rental Rates Allen Instruments (Trimble) $ 200.00 per unit Surveyor's Service Co. (Leica) $ 205.00 per unit Western Data Systems (Trimble) $ 100.00 per unit Average Justifiable Rental: $ 134.61 Proposed Daily Rate: $ 100.00 DAY TRAVEL EXPENSES, PER DIEM Actual cost, in conformance to current EACH Caltrans travel guide, for non -represented employees. GENERAL EQUIPMENT Cellular Phones Included Safety Equipment Included Personal Computers Included Special Purchases (wl City authorization) Actual EACH Survey Equipment (other than listed above) Included Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT 10-I12 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Johnson -Frank & Assoc, Inc. Project No. RF P 19-090 contract No. TB D IQ Prime Consultant ❑ Subconsultant Date 02/17/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs $ $ Equipment Rental and Supplies GNSS Equipment Per Day 1 $100 $100/da Permit Fees $ $ Plan Sheets $ $ Test $ $ Vehicle $ $ Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. Page 5 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Page 6 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 1 Tnited States Code Section 1 12 - Letting of Contracts 10. 49 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 49 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Name: Alan D. Frank Signature : Email: alanfrank@johnson-frank.com Title *: President Date of Certification (mm/dd/yyyy): 02/17/2023 Phone Number: (714) 660-5607 Address: 5150 E. Hunter Ave., Anaheim, CA 92807 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Land Surveying and Mapping Page 7 of 9 January 2018 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -Call Land Surveying & Mapping 4. Project Location: Within the City of Santa Ana 5. Consultant's Name: Johnson -Frank & Assoc., InC. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000.00 8. Total Dollar Amount for ALL Subconsultants: $ 95,000.00 9. Total Number of ALL Subconsultants: 1 2. Contract DBE Goal: 10% 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Aerial Mapping and Photogrammetry 39944 Alice Ramos, (949) 459-3052, aramos@gpsi-corp.com $ 95,000.01 Local Agency to Complete this Section $ 95000 20. Local Agency Contract niiimhar 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22. Contract Execution 10.00 rlatr Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 2/17/23 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Alan D. Frank (714) 660-5607 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DEAF). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual EXHIBIT 10-H2 EXHIBIT 10-H2 COST PROPOSAL Page 1 of 4 Cost Proposal SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Project No. Geospatial Professional Solutions, Inc. (GPSi) RFP 19-090 Contract No. ❑ Prime Consultant Participation Amount $: TBD Subconsultant Date Feb.9.2023 For Combined Rate Fringe Benefit % + General & Administrative % 26.37% + 150.94% = 177.31 % Combined ICR% I For Home Office Rate Fringe Benefit % + General & Administrative % = Home Office ICR% For Field Office Rate Fringe Benefit % + General & Administrative % = Field Office ICR% Fee = 10.00% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification) Straight3 Hourly Billing RateS2 OT (1.5x) OT (2x) Effective Date of Hourly Rate From To Actual or Avg. Hourly Rate % or $ Hourly Range Increase Classifications Only Project Manager* $293.30 exempt exempt 4/4/2023 4/4/2026 $96.15 2.5% Photogrammetrist** $150.08 $225.12 $300.16 4/4/2023 4/4/2026 $49.20 2.5% Lidar Specialist** $142.42 $213.64 $284.85 4/4/2023 4/4/2026 $46.69 2.5% Photogrammetric Technician** $114.27 $171.40 $228.54 4/4/2023 4/4/2026 $37.46 2.5% CAD/GIS Specialist** $112.87 $118.51 $225.73 4/4/2023 4/4/2026 $37.00 2.5% Administrative/Clerical** $74.22 $77.93 $148.43 4/4/2023 4/4/2026 $24.33 2.5% Local Assistance Procedures Manual NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates should be based on the consultant's annual accounting period, established by a cognizant agency by Caltrons. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT 10-H2 COST PROPOSAL Page 3 of 4 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Geospatial Professional Solutions, Inc. (GPSi) Project No. RFP 19-090 Contract No. ❑ Prime Consultant Subconsultant Date Feb. 9. 2023 EXHIBIT 10-H2 Cost Proposal SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Ultracam Falcon Prime Digital Photogrammetric Camera (hourly) $ 2,100.00 $ Riegl Lidar Sensor LMS-Q780 (hourly) $ 2,750.00 $ Aircraft - Cessna Turbo 206H $1,500 (hourly) $ 1,500.00 $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). LSOCa II��c�b����O�d lidered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals EXHIBIT 10-H2 Cost Proposal Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Ramon B. Ramos Signature : "I'l"lly signed by Ramon Ramos Ramon Ramos DN cn=Ramon Ramos, o=GP51, ou, mail=rbramos@gpsi<orp.com, 1J5 Dade- 2a23.02 10 00.26 28 08'00' Email: rbramos@gpsi-corp.com Title *: Exec. VP, Principal Date of Certification (mm/dd/yyyy): Feb.9, 2023 Phone Number: 949-459-3047 Address: 3151 Airway Ave., Suite G2, Costa Mesa, CA 92626 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: aerial photography, aerial mapping, Lidar mapping, photogrammetric stereo compilation, CAD services, orthophoto production Page 7 of 9 January 2018 EXHIBIT 2 AGREEMENT WITH STANTEC CONSULTING SERVICES, INC., TO PROVIDE ON -CALL PROFESSIONAL LAND SURVEYING SERVICES THIS AGREEMENT is made and entered into this 2nd day of May, 2023 by and between, Stantec Consulting Services, Inc., a New York corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RF.f TTA1,C A. On October 2, 2019 the City issued a Request for Proposal ("RFP") No. 19-090, by which it desired to retain a consultant having special skill and knowledge in the field of Professional Land Surveying services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 19-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 19-090, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 19-090. The total Page 1 of 19 compensation for services provided by all consultants selected under RFP 19-090 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 of 19 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. In. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. p. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject Page 3 of 19 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on May 2, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on May 1, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 of 19 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 5 of 19 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, Page 6 of 19 or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 7 of 19 (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 8 of 19 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also Page 9 of 19 information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 10 of 19 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Stantec Consulting Services, Inc. Attn: Greg Seboum, Principal -in -Charge 38 Technology Drive Irvine, CA 92618 (949)923-6953 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to Page 11 of 19 make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 of 19 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. Page 13 of 19 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DDT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Page 14 of 19 Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and Page 15 of 19 the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. p. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Page 16 of 19 • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or Page 17 of 19 determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 18 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney r� By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager STANTEC CONSULTING SERVICES, INC. Principal -in -Charge Page 19 of 19 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROFESSIONAL LAND SURVEYING SERVICES RFP NO.: 19-090 Introduction and Background: The City of Santa Ana intends to retain Professional Land Surveyors, licensed in the State of California, to perform land surveying services on an as -needed or "on -call" basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. Specific services shall be on -call and shall include all duties typically expected of a Professional Land Surveyor or surveying firm. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide Professional Land Surveying services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general Land Professional Surveying services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. A California -licensed land surveyor shall be in responsible charge of all survey work performed under this agreement. City of Santa Ana RFP 19-090 Page Al-1 The consulting firm/s selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: A. Prepare legal descriptions, plats and maps for subdividing property B. Research existing County and City records for survey monuments within the project area. Prior to any clearing, removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 8771. Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City. C. Perform boundary line adjustments D. Perform monument perpetuation/preservation in areas that will be impacted by City projects o Includes site investigation for existing monumentation, with a report provided to the City with recommendations. o May include pre- and post -construction records E. Replace lost or obliterated property corners F. Set boundary markers or property corners, also known as monuments G. Retrace boundaries for fences and other purposes H. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries I. Prepare legal descriptions and information shown with the description of any deed or other title document J. Prepare Record of Surveys Map Checking Services A. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. B. Prepare maps or plats C. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. D. Review title report and existing easements for correct plotting and references. E. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. F. Provide a set of redline check prints showing the redlined comments, and required City of Santa Ana RFP 19-090 Page Al-2 corrections and information. G. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. H. Provide a timesheet at the end of every review to include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. I. Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps Construction Services A. Stake the location of fixed engineering works for construction purposes. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project. B. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements at join points. C. Complete the construction staking within the time frame as specified on the Survey Request Form, or (given minimum notice) commence the staking no longer than two working days from receipt of the request, providing continuous service until the request is complete. D. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will be allowed therefor. Miscellaneous Services A. Investigate boundary discrepancies B. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the fixed works embraced within the practice of civil engineering C. Determine contours of the earth's surface for topographic maps D. Photogrammetric surveying or aerial topographic mapping or aerial photography E. Provide Professional Land Surveying services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross -sections, intersection grids, centerline determination, digital terrain models (dtm), right of way determination, utility profiles and exhibits. F. Generate a computer drawing in Microstation V8 format as well as the sample survey City of Santa Ana RFP 19-090 Page Al-3 drawing on the City of Santa Ana website listed in item K below. G. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the following standards: H. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. I. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. J. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. K. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. L. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. M. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. N. All City CADD standards as well as Microstation configuration files are located at: http://www.Santa-ana.org//pwa/En ing eeringServices.asp Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of City of Santa Ana RFP 19-090 Page Al-4 contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. Special Requirements (Attachment 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https://dot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch 10. pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hllps:Hdot.ca. gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 19-090 Page Al-5 EXHIBIT B ® Stantec RFP No. 19-090 Professional Land Surveying Services City of Santa Ana Public Works Agency October 24, 2019 I 74F-T 46 ® Stantec Stantec Consulting Services Inc. 38 Technology Drive • Irvine, CA 92618-5312 October 24, 2019 Dear Mr. Thomas, City of Santa Ana Surveying is the foundation that communities are built on. Upholding a community Attn.: Sean Thomas, PE of over 330,000 people is a challenging task for the City of Santa Ana Public Works Public Works Agency; M-36 Agency. We understand the importance of selecting a qualified partner to provide 20 Civic Center Plaza surveying services. Stantec Consulting Services Inc. (Stantec) is that partner. As your 3rd Floor Reception, Ross Annex surveying partner, we will listen closely to your needs, seek to understand deeper Santa Ana, CA 92701 project purposes, and identify critical path solutions. RE: RFP No. 19-090, On -Call There's no boundary to our availability. With branch offices throughout southern Professional Land Surveying California, you will benefit from a team that has successfully completed surveying Services in the City of Santa Ana services for more than 60 years. We know that on -call contracts ebb and flow. We have the resources and adaptability to respond to challenges and meet any project's needs. Principal-in-charge/project manager and primary contact Greg Sebourn, PLS, will oversee assembling the required staff, developing a work plan, and executing tasks in a timely manner. Design with community in mind The right firm/team experience. Because we have a strong history of successfully managing and delivering on -call task orders, there is no learning curve to managing tasks, scheduling, budgets, and —most importantly —providing you with the right staff at the right time. Our Survey/Geomatics Department is staffed with exceptional level qualified professionals who have substantial experience in providing design and construction surveying services for various municipal facilities, transportation, water resources, land development, waste management agencies, and construction projects throughout southern California. We have the current technology and training on hand to provide you the most accurate, safe, and economical services. Specialized subconsultants and commitment to meeting your anticipated participation levels for small and minority businesses. We have a long history of working with small, local firms and are committed to engaging our teaming partners: Geospatial Professional Solutions Inc. (GPSi) and Cabrinha, Hearn & Associates (CHA). They have seamlessly collaborated with us on numerous efforts over the years. Focused on our people. Focused on safety. The way we treat our people, clients, and neighbors reflects who we are, what we believe in, and how we do our work. Integrating practical Health, Safety, and Environment programs into our work helps protect our people from injuries, property loss, and environmental damage. Your projects are our priority. Your projects and their successful delivery are our priority. This means that each assignment receives the detailed attention and best qualified team members for the specific services required. Greg Sebourn is your point of contact and is authorized to make legally binding commitments for Stantec Consulting Services Inc. Stantec concurs with the provisions contained in the sample agreement provided as Attachment 3 to the RFP. Required certificates are provided in Appendix B of this proposal. Regards { Greg Seb urrr; S Principal-in-Charge/Project Manager 38 Technology Drive Irvine CA 92618-5312 Phone: (949) 923-6953 greg.sebourn@stantec.com �+------ Tony Cuo , PLS Mapping Manager 38 Technology Drive Irvine CA US 92618-5312 Phone: (949) 923-6112 tony.cuomo@stantec.com J Firm and About Stantec Communities are fundamental. Whether around the corner or across the globe, they provide a foundation, a sense of place Team and of belonging. That's why at Stantec, we always design with community in mind. Experbnce We care about the communities we serve —because they're our communities too. We're designers, engineers, scientists, and project managers, innovating together at the intersection of community, creativity, and client relationships. Balancing these priorities results in projects that advance the quality of life in communities across the globe. Our Organizational Stability Stantec Consulting Services Inc. is a public company that was incorporated in New York in 1929 (FEIN 11-2167170). It is also a publicly traded entity listed on the New York Stock Exchange (Symbol: STN) and the Toronto Stock Exchange (Symbol: STN). We are required to be financially stable in order to maintain these listings and we are required to adhere to the Internal Control —Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission "(2013 framework)" (the COSO criteria). We are subject to ongoing independent audits that prove our financial stability and credit worthiness. We will submit audited financial statements as requested by the City of Santa Ana (City.) 2 of 10 Stantec Our Strength The Stantec community currently unites approximately 22,000 employees working worldwide with more than 1,400 employees in California. Surveying services for the City will be manged from our offices in Irvine, California. Stantec currently holds a City of Santa Ana business license (#173660). Our Staff We have assembled a team of highly qualified professionals to achieve your project goals. Greg Sebourn, Principal-in- Charge/Project Manager, will be the City's point of contact, and Ray Mansur, QA-QC/Resource Manager, will be the backup lead in the unlikely event that Greg is unavailable. The Key Staff Expertise matrix shown on page 4 highlights each person's ability to accomplish the tasks in your Scope of Work. We have also considered each team member's time commitments and availability to perform their assigned tasks. Key staff resumes are provided in Appendix A and are sorted alphabetically by surname. We are Qualified and Committed to Your Task Order Because of our experience with working with the City of Santa Ana, we are well aware of your scheduling needs. In addition to key staff, we have ample support staff with similar and supplementary expertise to meet peak workload requirements. (Please refer to our organizational chart on page 5.) Efficient coordination within our proposed team is facilitated by long-standing professional relationships within the team, and between the team and many key members of the city staff. Our Subconsultants We selected two subconsultants based on their experience with the tasks in the scope of work and their availability to commit to this contract. Stantec will serve as the administrative liaison between the City and our subconsultants. LW Me-` CABRINFi & NN HEARN 5. ASSOCIATES E surveying & mapping Cabrinha, Hearn & Associates (CHA), a professional surveying and mapping corporation, was founded in 1976. CHA has extensive experience in providing services on large-scale projects within Southern California, such as the Crenshaw/LAX Extension, Purple Line Extension Section 1, several Caltrans on -call surveying contracts (as prime and subconsultant), California State University system (various campus sites), City of Pasadena on -call surveys, City of Santa Monica on -call surveys, Gold Line Eastside Extension Tunneling Project, and Pasadena Light Rail Project. Our well-equipped and experienced personnel consistently deliver high -quality work on schedule and within budget, leading to their clients' full satisfaction. CHA will perform their work with in-house staff. Should the need arise for additional personnel, IUOE Local 12 provides additional labor resources. CHA is a DBE/SBE/CBE/LBE/LSBE/SB Micro certified firm, and is registered with the California Department of Industrial Relations (1000021302). GPSi GPSi continues a long tradition of providing high quality photogrammetric mapping and aerial imaging and LiDAR products and services. They provide service to public agencies and companies engaged in the design, construction, and management of public works, infrastructure systems, and the management of natural resources. GPSi has the manpower and equipment to accommodate time -critical and technically demanding projects, and they support the missions of their clientele with a broad range of geospatial technologies. GPSi features next -generation geospatial solutions that encompass aerial image acquisition, photogrammetry, LiDAR, and Geographic Information Systems. They recognize that your task orders require mapping data rapidly, cost-effectively, and to required data standards. The leadership team has a 27-year legacy of success in meeting and exceeding their clients' mission -critical needs that have rigorous standards and specifications. This is reflected in a high client retention rate and a legion of satisfied customers. GPSi is a DBE/SBE/VSBE/WMBE/SB Micro certified firm and is registered with the Department of Industrial Relations (1000030845.) City of Santa Ana Public Works Agency // RFP No. 19-090 On -Call Professional Land Surveying Services 3 of 10 Key Staff Expertise Matrix N as a O a) o w 0 N Vl fA Y t N O Q d ai fn / L ip w U) CL cv O L '2 _ = C O 3 Q al = i a 7M CO 2 L _ O O U E i > tM Team Member Role iC T L = N _ L N •L = CM Q = U M Q > Q G1 Q O m O U O O 2 U d J CU 2 O E a) w to O H Stantec Greg Sebourn, PLS Principal -in -Charge and Project Manager 100% Ray Mansur, PLS QA-QC/ Resource Manager and Backup Lead 20% Tessie Barriga, PE, QSP/QSD Project Engineer, Construction Services Manager 100% Tony Cuomo, PLS Mapping Manager 100% Tim Eich, BS 3D Modeling 100% Minh Le, PLS Project Surveyor 100% Joseph Nelson, PLS Project Surveyor 100% Jason Shockley, PLS Project Surveyor and Field Manager 50% Jim Steines, PLS Project Surveyor 80% Justin Thomas, PLS Project Surveyor 100% Todd Wilson, GISP Geographic Information Systems 100% Cabrinha, Hearn & Associates Camden Cabrinha, PLS Survey Project Manager 50% Jamie Bertchume, PLS Party Chief 50% GPSi Ramon Ramos, PLS, CP Chief Photogrammetrist 100% Alice Ramos, CP, GISP Aerial Production Manager and QA/QC Oversight 100% Paul Hamilton -Rivers Aerial Project Manager 100% 4 of 10 Stantec Staffing and Resources Management Organizational Chart Our team structure provides effective direction, hands-on control, and comprehensive coordination. Team members were chosen based on their familiarity and experience working with you and local agencies, and their availability (indicated as percentages in the chart below and listed on page 3) to commit to this contract. Santa Ana Public Works Agency Principal -in -Charge and Project Manager Greg Sebourn, PLS -100% QA-QC/Resource Manager and Backup Lead Ray Mansur, PLS - 20% KEY STAFF Mapping Manager Tony Cuomo, PLS -100% Project Engineer, Construction Services Manager Tessie Barriga, PE, QSP/QSD - 100% Project Surveyor and Field Manager Jason Shockley, PLS - 50% Project Surveyors Minh Le, PLS - 100% We have ample Joseph Nelson, PLS -100% equipment and Jim Steines, PLS 80% technical support staff Justin Thomas, PLS - 100% (shown in the box 3D Modeling below) with similar Tim Eich, BS - 100% and supplementary expertise to meet peak Geographic Information Systems workload requirements Todd Wilson, GISP - 100% and execute task order assignments within the your desired timelines. j Certified Party Chief John Dominguez, LSIT Jesse Jobe, LSIT Greg McKinstry, LSIT SUBCONSULTANTS Cabrinha, Hearn & Associates (CHA) Survey Project Manager Camden Cabrinha, PLS - 50% Party Chief Jamie Bertchume, PLS - 50% GPSi Chief Photogrammetrist Ramon Ramos, PLS, CP - 100% Aerial Production Manager and QA/QC Oversight Alice Ramos, CP, GISP - 100% FIELD AND OFFICE SURVEYORS Party Chief David Costich Paul Klein Rene Rodriquez (CHA) Jeffrey Stauffer Edward Uribe (CHA) Adam Weber Aerial Project Manager Paul Hamilton -Rivers - 100% Chainman Alberto Armas Alex George Michael Naylor (CHA) Apprentice Maxwell Krupp Survey Technician Keith Younglove CAD Operator Bernard Xu (CHA) City of Santa Ana Public Works Agency // RFP No. 19-090 On -Call Professional Land Surveying Services 5 of 10 Understanding of the City's Need The City needs local, experienced State of California licensed professional land surveyors to perform specific land surveying services on an as -needed or "on -call" basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. We understand that work consists of general land professional surveying services for public works projects. and or projects related to City facilities. Since funding sources for each project may vary, we will assist the City through this contract to provide the necessary services. Our team approach to your task order will be patterned after the successful approach we have refined on our prior survey contracts with other public agencies. As stated earlier, Greg Sebourn, Princpal-in-Charge/Project Manager, will be the designated single point of contact for all primary communication. Greg will strive to maintain open and constant communication with City personnel to help ensure timely completion of all tasks. Services may include the following: • Preparing legal descriptions, plats and maps for subdividing property • Researching existing County and City records for survey monuments within the project area • Searching for property line monuments, street centerline monuments, and benchmarks • Performing boundary line adjustments • Preserving/perpetuating monuments in areas impacted by City projects • Replacing lost or obliterated property corners • Setting boundary markers or property corners • Retracing boundaries for fences and other purposes • Locating, relocating, establishing, reestablishing, or retracing property lines or boundaries of land parcels, rights -of -way, easements, or alignments of those lines or boundaries • Preparing legal descriptions and information shown with the description of any deed or other title document • Preparing Records of Survey • Map checking services • Construction services • Miscellaneous services, including photogrammetric surveying, aerial topographic mapping, and aerial photography Deliverables will vary from task to task, but a partial list would include, but not be limited to: • Legal descriptions with accompanying plats • Draft and final records of survey • Draft and final corner records • Map checking review, final approval letters, and redline map comments • Topographic products including CAD Planimetry and surface files • Photogrammetric mapping products, including CAD planimetry and surface files and digital color orthophotography files • Relevant construction support including staking, cut sheets, as -built maps, monuments and control points, aerial photographs (digital orthophotography, etc.), and blue top surveying Interrelationship with City Personnel Having provided on -call services for the city on previous contracts, we have solid working relationships with many City Key Staff, including Sean Thomas, Monica Suter, John Gonzales, Mindy Ly, Gilbert Castillo, Robert Aguirre, Elias Ehab, and David Ramirez. Our team of on -call survey consultants will work with City personnel and the other stakeholders to share information and resources to help ensure project consistency is maintained and that project milestones under this task order are met in a timely manner. Insurance (and other) Requirements Our team is qualified to perform all tasks identified for your task orders. We will comply with all stated requirements, conform to insurance requirements, adhere to safety and accident prevention, and maintain the fee schedule. References We are providing references for more than three public agencies in the Relevant Project Experience table on the next page. We have also provided a few references for our subconsultants at the end of the table 6 of 10 Stantec PE E C N E C O C O y U) H O Q N > N m Z O N 7 N C IN Lln N U_ L N U_ O lL @@ E m N H H E N E E S Z ' ' E E E ' E > > O C J O O Ow- N m N a :Fc cN C C - o H C ? 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M <2 O N M GO 0 O N IA (D N O N N N R F W 3 C O O (gyp w V 0 c a N a G7 U)CL Q f6 0 025 U_ W N4 J M. 0 11 f n X W v N i c •V m a h o Q 1 o a 06 n y ° U o R EU N _ O y Q 2 U C N > Q y U N rn¢ U i W N m C N 0 N W I Q V a ya a o y �a`¢ aci aRi Em % J - R J (n fn Scope of Services and Schedule Project Approach Outline Our proven project approach procedure highlighted below can and will be modified to accommodate the specific tasks under the City's contract. Notice to Proceed As Principal-in-Charge/Project Manager, Greg Sebourn, PLS, will coordinate with the City and our team to review the task order scope of services, safety requirements, and estimated fees to accomplish the specific task. Alternative survey methods will be considered; and task -specific responsibilities will be assigned to specific team members, as deemed applicable, by meeting in advance with City personnel. Research and Field Preparation Our Mapping Manager, Tony Cuomo, will work with City personnel to obtain copies of maps, plans, as-builts, CAD files, and other records needed for each specific task. Our team will use the research above to develop a survey crew package consisting of the project safety plan, the scope of services outline (field requests); entry permits and access instructions; control diagrams and coordinate files; existing monuments and record information; construction calculations; and/or alignments specific to the given survey task. Field Survey Our team members have several years of experience working in heavy construction zones, high traffic areas, and confined spaces. With state-of-the-art conventional total stations, GPS receivers, digital levels, Unmanned Aerial Systems (UAS), and laser scanners, we confirm that the right tool is used for the right job. When construction support is required, our team includes licensed California professional land surveyors, professional engineers, and certified party chiefs to supervise the construction staking, as-builts, and QA/QC required. All Stantec survey parties are fully equipped to tackle any construction staking necessary and can be deployed within 48 hours of a field survey request. Data Reduction and Base -Mapping Our team interprets field measurements through the use of digital field notes, uses a "field -to -finish" method of data collection, and can provide deliverables in "Microstation" (or Civil3D) format as deemed appropriate by the City. Our teams experience in construction staking services and our professional land surveyors are on staff to supervise the preparation of mapping exhibits and construction staking. Map Checking Stantec is one of very few Orange County firms that can claim to have extensive experience with subdivision map, record of survey, and legal description map checking. Greg Sebourn and Tony Cuomo have developed expertise with the elements involved in clearing the map check process through years of experience at previous engagements. Tony has reviewed literally hundreds of maps and legal descriptions for compliance with professional standards of practice, agency standards and ordinances, and State law. He was a contributory author for sections of the City of Irvine Subdivision Manual. We maintain a high level of professional involvement with cities, counties, and agencies, together with local and statewide professional organizations that track changes in the law that govern the subdivision process. Several of us have served or are currently officers in these organizations, including participation in Professional Practice Committees that act as an oversight group to ensure the utmost in ethics, professional conduct, and standard of care in the local survey community. Quality Assurance and Quality Control of Deliverables To help ensure the accuracy and completeness of project documents and deliverables for each task, in-house QA/QC reviews will be conducted by the QA/QC manager or field survey manager as appropriate for the task. Our team's commitment to excellence is evidenced by the quality of the work that we do. City of Santa Ana Public Works Agency // RFP No. 19-090 On -Call Professional Land Surveying Services 9 of 10 Resource Management Plan We are committed to providing qualified and experienced staff for this effort. We have staff in offices throughout southern California who are excited for the opportunity to provide their support to Santa Ana. We anticipate an experienced team of qualified professionals to have substantial availability immediately. Our key individuals' (principal -in -charge, project managers, project surveyors, photogrammetrists) committed availability averages 85%. For this on -call contract, we have identified a dozen highly qualified, licensed technical experts. We have appointed Ray Mansur, PLS, as the resource manager to help ensure sufficient staff resources continue to remain available for the duration of the contract. Ray serves as Stantec's US West discipline leader for land surveying, and he manages technical teams totaling more than 100 across the Western US. Our Southern California staff includes more than 60 experienced surveying professionals. Additionally, we provide aerial mapping services with our own equipment and staff, as well as through our DBE partner GPSi. GPSi has committed 100 percent of their availability for the duration of the contract. Fee Proposo Our fee proposals and Caltrans forms are provided under separate cover as requested. Certificates Stantec's signed certificates are provided in Appendix B. 10 of 10 Stantec Appendix B Certificates Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by 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, organization, bid depository, or to any member or agent thereof to effectuate 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 -collusion Affidavit. BIDDERS are cautioned that making a false certification ma su ertifier to criminal prosecution. Signed ., State of California County of Orange Subscribed and sworn to (or affirmed) before me on this day of October, 2019, by proved to me on the basis of satisfactory c ' nce to be the person(s) who appeared before me. Notary Public Signature _ Notary Public Seal City of Santa Ana RFP Page A3-1 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 VSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 LINDA M. PHILLIPS Notary Public - California iOrange County f Commission M 2284723 My Comm. Expires May 7, 2023 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this , I-" day of (X U�lW 20-a by Date � � Month Year (1) 6-1�q . ' `n4C.�t9 n (and Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature _ _—M Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:NOn-%MASIOY1 A-K( AVI fi Document Date: Number of Pages: l Signer(s) Other Than Named Above: r)G'� ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signe Title Stantec Consulting Services Inc. Principal -In -Charge & Contract Manager Date 10/18/2019 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Principal -In -Charge & Contract Manager Firm: Stantec Consulting Services Inc. Date: 10/18/2019 City of Santa Ana RFP Page A3-4 ® Stantec Design with community in mind EXHIBIT C m C W c I U O OR U U w z 0 O H O O O O O O O O O O CD CD69 O 69 6R 69 59 69 O a� a� ��� ��509 �" •.V. .Ur .Ur o� ' z z z 00 00 00 00 00 69 vVi 00 0O OC 0C CO �Cd o� o0 00 00 00 00 o U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aoa o00 000 000 000 000 o00000000000000 o� o ¢x C4.--I — .--I — .--I — .--I — .--I — .--I •--I .--I •--I .--I � N N N N N N N N N N N N N N N O M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N w 0 a� A -- — — — — — — — —— — — —— � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �000000000000000 �000000000000000 69 69 69 69 69 69 69 69 69 69 6R 69 69 59 OSR o00000000000000 �000000000000000 '-"' o00 000 000 000 000 O O O O O O O O O O O O O O O � 69 69 69 69 69 69 69 69 69 69 69 69 44 69 69 ' En bq � cd � y U W F-' •o > c � � � p p�U UW W Cd c�3 a �- O U � � O ti CL bq O •t".J' O U iE (� iP •"1i m CIS Cd O U O C13 Cd y o ow o �x to yU,i U C13 U O � U t � U to b N �y U y U U U ° o U U � 72 0 0 C U w U x a g m 360 o i 0 ° N Cd to a y ox 3�w mow° Z N rn 4 0 N a O a 09 00 H CA O N x 0 EMMS �I ❑1 C U) U U) 0) VJ U U U) cn O U M 0 N co N� C� Q LO L^ C� h U o 0 N � 0 �v o � rsfAIsr.�Iq Piz W H FBI V� U � �a U a H � m a co co O v 's� a � = Q N Ln cn 00 cn rA U� �•� v� 0 0 0 0 0 UCd > V1 cn un cn z K 00 a§§ Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Gregory C. Sebourn, PLS Signature . ( Email: Greg.Sebourn@stantec.com Title *: Principal -In -Charge, Contract Manager Date of Certification (mm/dd/yyyy): 2/28/2023 Phone Number: 949-351-8057 Address: 38 Technology Dr., Ste 200, Irvine CA 92618 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: As -Needed Land Surveying and Mapping Services Page 7 of 9 January 2018 x LO N O N CD N �_ CO o N R N O 0 O U II � Q U � o W w O -o F� 0 U U w � O H U ^ II Q� �zz � U O Wd' W U .� O a w z � z vpz L" [� + + � W O N O `A � wi � cc z ,� a �. >1 O O U N Ll1 t')ri G1 00 LO LM in in iA u -4 00 N Ln v u O o 0 0 0 0 0 0 0 0 0 0 0 0 0 cz O O O O 00 00 00 u CM cli Ch C6 M M M M M M 0 a co 'T O It co O O CO O ti N N r 00 0 N Il. 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U), U), 6c� Y TIC � O OA U L fD L QC: u U a) fa aTi a O u > iF- p 0 U C O N Vn a1) U 0 L u i �� T u z v a cn an � cn OL 7 x 0 � o LO N O N M N O N 0 �. >, a) 0) a) 0) 0) O of (6 (6 (a (6 (6 (6 tq O O O O O O � •� J J J J J J Q Q Q Q Q Q z z z z z z O.-� 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O O O O O O O O O O O O cz O O O O O O O O O O O O u M M M co M co M M M m M M 0 a CO O 00 CO 00 CO r fl- 00 CO CO LLB N N CO f-- LLB LO N �t rl- LO Cfl 00 LO LO (o O 00 f-- � � O LO LO LO to CO 00 O N E 00 O N r N� M� CO N M > r%- r%- rl- rl- � Co I� � Co Co Co � � � M M M d�6-,� 6-,� 6-,� e=t ec)- 6-t 6-t 6-t 6-t 6-t 6-t 6-t6464646-t e=, e=, y M LO M LO M LO M LO M LO M LO H o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O M M M M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N 4-- r r r r r r r r r r r r r r r r r r O (o It LL') co It Lf) co It Lf) M It LO M It Lf) M It Lf ) 7� N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r w M O O co fl- O w O O M O O fl- M N 00 f� r— r CO 00 f� r CO O O r 't CO O I� rl- LO LO N w 6 r O O r O 0 6 M N r Lo N 00 r CO r � CO I- M L( ) CO I- ;t L( ) CO O r N r N N CO CO I- M M M M M M M M M M M M N N N r r r N LO � O ti LO Il O ti 00 O N O LO LO O m w L() Cfl 00 � M CO Il- N Cfl O � 00 r LO Il- N Cfl O N f-- r 4 r I- LO co LO N m Cfl m to `r'• f- 00 m CO f- f-- Lo CO f- N M ,I- CO CO f-- N N N N N N N N N N N N N N N r r r r r r E!3 EA Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Efi E!3 Ef3 Ef3 �q O fl- O m 00 M LO O O LO N fl- LO O M CO (fl m m p` M O LO r M o r M o fl- 00 o M 00 N fl— xy Oj Ln Ln O Ln C) Ln C ) CO O I- 4 O M 6 CO CO O rl- CO CO rl- rl- CO Ln Ln CO O r r CO CO CO r r r r r r r r r r r r r r r Ef} Ef} Ef} to TA 0 cz x � 0) C C U 41 Q �' ^^m LL T Q 0- -0 Q a Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 10% 3. Project Description: On -Call Land Surveying 4. Project Location: City of Santa Ana 5. Consultant's Name: Stantec Consulting Services 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000 8. Total Dollar Amount for ALL Subconsultants: $ 95,000.00 9. Total Number of ALL Subconsultants: 2 10. Description of Work, Service, or Materials 11. DBE Certification 12. DBE Contact Information 13. DBE Dollar Supplied Number Amount Aerial Mapping CUCP# 9JS00049 WMBE GPSI, Ramon Ramos 949.459.3047 RBRamos@gpsi-corp.com, 3151 $ 20,000.0C Land Surveyinrg Cabrnha Hearn & Associates, Camden CUCP# 21761 Canbrinha, 626-826-4055, 3814 E. $ 75,000.0C Local Agency to Complete this Section $95000 20. Local Agency Contract Emy Frankston 714-647-5042 ��„mhor. 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22. Contract Execution 10.00 nntp. Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 2/27/283 23. Local Agency Representative's Signature 24. Date 1Z. Pr ar is Signature 16. Date Gregory C. Sebourn, PLS 2/27/2023 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone PIC / Contract Manager 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. 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V y ` m I m v m� u E E o c r r l..j :7 ram-, d a- C L r i d b O T of E $ ❑ U � Y cG a ro 3 � •y v ❑ V y ro cz- y L Q O J � N C6] � � E] • C V LL ❑ V b� � R 'L7 •� �p � ❑ w ,� � 5 v 'e C C 0 IUD O rL V 12 �a Qomy] v o C6 11 U a❑i aEi .r LC Tq-7� U o �4 11 15 Local Assistance Procedures Manual EXHIBIT lil-Hl Cost Proposal Ex I I I BIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cast Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service I2. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Casts that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subeonsultant Certirvinff: Name: Camden C. Cabrinha Signature Email: camden@cabrinhahearn.com Title *: President Date of Certification (mm/dd/yyyy): 02/10/2023 Phone Number: (626) 795-6926 Address: 1 232 Monte Vista Ave., #3, Upland, CA 91 786 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. RPAW-lid ■'I LSIVNNI1I-iRfJ I N7q 11 r•.1 I In 1.1 Land Surveying Services I to I i I I2eq I I OIL-] WI I L5/1[IJ I1112-1 il1IF1V I[I ff;Unp Page 7 of 9 January 2018 N � 2 in O ° O c = O NO W U N C 'O U O O ct ct y ct o M � U � II II II F-+ Y 6g O cz kA z o d + R* U O Q U M a N °z o O > �Q ORI � aoa w � w C U z w a o N o o > + cz W 6 ct w z NJ `t Oa0i � w o a o a � Y ct a W W GU C-0 f4 7 C ro G V) v p x � O u U z O L p cC U (� U a y � � L ul yy z N o V) a p z Uru O O O U U x w U ° J O U a O w O O Gz _T Q a p C � O 0: O T m i v w O 0 2 v�i V v Q i Ln Lr) Ln Lr) Ln Lr) a' La o m O T l0 Ql l0 I- r Ol 'T M M N Q a (.D LD �.D LD �.D (.0 y N N N N N N O O O O O O O o: � T O O 2 0 0 v 0 i m m m m m m N N N N N N v E O O O O O O Q L LlJ LL 00 Ln I� E o 06 Ln 06 F- N O 00 N N Q M N N N r-I N NN � E Ql O r4, Ln m 00 'CO O N T 3 0 x t mm O N 000 0 N m rn Ln tn- t/} tn- i/} tn- C O cy0 C m U_ d ca C iE U U x N U tY/1 a) U Y Y L$ Y N i C� u W C C Q" �'J C U C m E ccm G v V Z u Ln O O 0 0 m o o a a a U Q N M R v O M G1 m fL a J Q N O m O cc a H O u N i O !'1 M- W X W El rid O F- 6s s9 bs Esi in i/)- i/} i/} N O O O N O O O u O O O W o �n o V kn m 'c a to Q 64 69 64 69 i/} i/} i/} i/)- f6 c O Q N W H LA O V > M W W 2 H O LL O W J D 0 2 U _ N U � � o O � O O CDcd 6g r O r- x a d oN UU Q O �I O � � bA U z O = Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 1 O-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Ramon B. Ramos Signature : Digitally signed by Ramon Ramos Ramon Ramos DN cn=Ramon Ramos, corp.w , U email=rbramos@gpsi-corp.com, -US Date: 2023.02.10 11:45:29-08'00' Email: rbramos@gpsi-corp.com Title *: Exec. VP, Principal Date of Certification (mm/dd/yyyy): Feb.10, 2023 Phone Number: 949-459-3047 Address: 3151 Airway Ave., Suite G2, Costa Mesa, CA 92626 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: aerial photography, aerial mapping, Lidar mapping, photogrammetric stereo compilation, CAD services, orthophoto production Page 7 of 9 January 2018 EXHIBIT 3 AGREEMENT WITH TOW -ILL, INC., TO PROVIDE ON -CALL PROFESSIONAL LAND SURVEYING SERVICES THIS AGREEMENT is made and entered into this 2nd day of May, 2023 by and between, Towill, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 2, 2019 the City issued a Request for Proposal ("RFP") No. 19-090, by which it desired to retain a consultant having special skill and knowledge in the field of Professional Land Surveying services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 19-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 19-090, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 19-090. The total Page 1 of 19 compensation for services provided by all consultants selected under RFP 19-090 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 of 19 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject Page 3 of 19 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on May 2, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on May 1, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 of 19 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 5 of 19 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, Page 6 of 19 or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 7 of 19 (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 8 of 19 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also Page 9 of 19 information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 10 of 19 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Towill, Inc. Attn: Marvin E. Miller, Regional Director 500 S. Main Street, Suite 540 Orange, CA 92868 (949) 261-1900 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to Page 11 of 19 make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 of 19 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. Page 13 of 19 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Page 14 of 19 Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and Page 15 of 19 the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Page 16 of 19 • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or Page 17 of 19 determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 18 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 'Erandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager TOWILL, INC. By: Marvin E. Miller Title: Regional Director Page 19 of 19 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROFESSIONAL LAND SURVEYING SERVICES RFP NO.: 19-090 Introduction and Background: The City of Santa Ana intends to retain Professional Land Surveyors, licensed in the State of California, to perform land surveying services on an as -needed or "on -call" basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. Specific services shall be on -call and shall include all duties typically expected of a Professional Land Surveyor or surveying firm. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide Professional Land Surveying services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general Land Professional Surveying services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. A California -licensed land surveyor shall be in responsible charge of all survey work performed under this agreement. City of Santa Ana RFP 19-090 Page Al-1 The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: A. Prepare legal descriptions, plats and maps for subdividing property B. Research existing County and City records for survey monuments within the project area. Prior to any clearing, removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 8771. Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City. C. Perform boundary line adjustments D. Perform monument perpetuation/preservation in areas that will be impacted by City projects o Includes site investigation for existing monumentation, with a report provided to the City with recommendations. o May include pre- and post -construction records E. Replace lost or obliterated property corners F. Set boundary markers or property corners, also known as monuments G. Retrace boundaries for fences and other purposes H. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries I. Prepare legal descriptions and information shown with the description of any deed or other title document J. Prepare Record of Surveys May Checking Services A. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. B. Prepare maps or plats C. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. D. Review title report and existing easements for correct plotting and references. E. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. F. Provide a set of redline check prints showing the redlined comments, and required City of Santa Ana RFP 19-090 Page Al-2 corrections and information. G. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. H. Provide a timesheet at the end of every review to include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. I. Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps Construction Services A. Stake the location of fixed engineering works for construction purposes. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project. B. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements at join points. C. Complete the construction staking within the time frame as specified on the Survey Request Form, or (given minimum notice) commence the staking no longer than two working days from receipt of the request, providing continuous service until the request is complete. D. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will be allowed therefor. Miscellaneous Services A. Investigate boundary discrepancies B. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the fixed works embraced within the practice of civil engineering C. Determine contours of the earth's surface for topographic maps D. Photogrammetric surveying or aerial topographic mapping or aerial photography E. Provide Professional Land Surveying services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross -sections, intersection grids, centerline determination, digital terrain models (dtm), right of way determination, utility profiles and exhibits. F. Generate a computer drawing in Microstation V8 format as well as the sample survey City of Santa Ana RFP 19-090 Page Al-3 drawing on the City of Santa Ana website listed in item K below. G. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the following standards: H. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. I. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. J. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. K. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. L. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. M. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. N. All City CADD standards as well as Microstation configuration files are located at: hqp://www.Santa-ana.org//pwa/En ing eeringServices.asp Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of City of Santa Ana RFP 19-090 Page Al-4 contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. Special Requirements (Attachment 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot. ca. gov/-/media/dot-media/pro grams/local-assistance/documents/lapm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot.ca. _ og_v/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 19-090 Page Al-5 EXHIBIT B SA ly ORIGINAL rTOWILL SURVEYING I MAPPING I GIS C) Cover Letter October 24, 2019 City of Santa Ana Attn: Mr. Sean Thomas, PE Public Works Agency; M-36 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 RE: Request for Proposal No. 19-090 Professional Land Surveying Services Dear Mr. Thomas: City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Towill, Inc. (Towill) is pleased to present our team's qualifications and proposal to provide as needed surveying support to the City of Santa Ana (City) in response to your Request for Proposal (RFP). Since 1955, Towill has provided highly specialized geomatics services to clients throughout California. We are proud of the work we have accomplished and the relationships we have built along the way, and we are eager to establish a strong working relationship with the City. Who We Are Towill is a surveying and mapping firm; this is our sole focus and has been for the past 64 years. This is what we do, all we do, and we do it all in-house. We are not a division of a larger engineering company where priorities and resources can shift. We do not have an internal client base (other engineers) that can provide us with work when projects slow down. Since our clients can choose who they hire, we must strive for excellence in all we do. As a professional services firm and as individuals, our number one goal is to provide our clients with on time, first time right project deliverables. Since we are solely focused on geomatics services, we attract and retain a core group of passionate staff and focus our investments on new survey equipment and the latest software. Towill's key personnel who will be assigned to this contract have on average 27 years of professional experi- ence in field surveying, photogrammetric mapping, remote sensing, and GIS. We take pride in designing cost-efficient technical approaches that continually meet or exceed our clients' re- quirements for every project assignment. Our goal is never to just complete a survey/mapping design task, but to provide valuable geospatial information that will be used by engineers and others to improve the places we work and live. Whether it is for a small boundary survey or a large topographic base map, we understand that we are an important and valuable part of the overall project. Expert Project Management Towill has assembled a versatile team with exceptional technical experience and professional qualifications, and a commitment to responsiveness to meet your objectives. Leading the team as Project Manager will be James Rios, PLS. James is a Professional Land Surveyor with 21 years of experience as a Project Manag- er, Project Surveyor, and Party Chief. James has well-rounded experience with a heavy focus on projects for Southern California public sector clients, including but not limited to the Cities of Irvine, Yucaipa, Chino, local transportation agencies such as OCTA, RCTC, SBCTA, and the Port of Long Beach. Many of James' project assignments have been completed according to Caltrans specifications with MicroStation V8 deliverables. Submitted October 24, 2019 m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Towill has enhanced our team with the addition of DBE/SBE firm Chaudhary & Associates, Inc. (Chaudhary) as a subconsultant to provide added field survey capacity. Located in Long Beach, Chaudhary has been providing quality construction surveying, design, and right of way services in Southern California for the past 43 years. Towill has an excellent working relationship with Chaudhary and has utilized their expertise on several projects throughout Southern California and the entire State of California. Required Information I, Marvin E. Miller, will have contractual responsibility with the City of Santa Ana during the period of proposal evaluation and my contact information follows at the end of this Cover Letter. Towill will serve as the Prime Consultant for the City of Santa Ana and Chaudhary will work as a DBE subconsultant to Towill. I am autho- rized to make legally binding commitments for Towill. Contract Agreement Statement Towill agrees to any and all provisions as contained in the Agreement in the RFP. In closing, I am pleased to present you with a uniquely qualified team that has the support, when and if need- ed, of Towill's entire corporate resources. I trust that the following proposal is sufficient in detail for your eval- uation. However, should you have any questions or require additional information, please do not hesitate to contact me by phone at (949) 261-1900 or via email at marvin.miller@towill.com. Thank you in advance for your consideration of Towill, Inc. We look forward to the opportunity to be of service to the City of Santa Ana on this contract. Sincerely, TOWILL, INC. M, M447 , J�� Marvin E. Miller, MBA, RPP, PLS, CP, PPS, SP Regional Director CP03ints of Contact rrTOWILL Submitted October 24, 2019 SURVEYING I MAPPING I GIS Firm and Team Experience Firm Profile Towill, Inc. (Towill) is an experienced provider of sur- veying and geomatics services offering a broad range of advanced surveying, mapping, and geospatial solutions, which include land surveying; high accu- racy specialty surveying; digital aerial photography; airborne, terrestrial, and mobile Light Detection and Ranging (LiDAR); digital 3D and 2D photogrammetric mapping; volumetrics; and geographic information systems (GIS). Since the firm's establishment in 1955, the field of surveying and mapping has been Towill's sole focus. We have become one of the most accomplished providers of geospatial solutions in the western United States. Towill has invested over $6 million in modern hardware and software to ensure that we can provide our clients with the most accurate, cost-efficient, and timely services available. This commitment to innovation, combined with our dedicated, passionate staff, are the keys to Towill's success, which is demonstrated by our high rate of repeat clients and referrals. Over 85% of Towill's busi- ness comes from repeat clients, which is a testament to our client focus, culture of client service, and overall ability to deliver on time, first time right services. Extent of Experience Over the last 64 years, Towill has completed more than 16,000 projects across a wide range of indus- tries in support of engineering design, transportation, rail, tunneling, major planning, GIS, construction, and floodplain projects. Our projects range from large to small and from multi -million -dollar, multi -year on -call contracts with agencies such as the U.S. Army Corps of Engineers (USACE) and the State of California Departments of Transportation (Caltrans) and Water Resources (DWR), to smaller projects completed in as little as one day. We provide our clients with a sin- gle source for all their surveying, mapping, and GIS needs. Towill has worked with dozens of public agencies, from local to federal, throughout our history; we understand your priorities and the unique challenges that cities face. Our previous experience on dozens of as needed or on call surveying and mapping contracts Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services for various public -sector clients provides us with work- ing knowledge of local agency systems, procedures, and expectations. We excel at managing multiple proj- ects simultaneously because we know that our clients depend heavily on the deliverables that we produce to perform their planning, design, and construction tasks. Towill has the staff, experience, and resources need- ed to complete your tasks on time and on budget. Within the past ten years, Towill has successfully held on -call survey and mapping contracts with a wide vari- ety of public sector clients of all sizes, including the cities of Chino, Huntington Beach, Irvine, Long Beach, Moreno Valley, Pomona, Pasadena, San Diego, and Vista, and the counties of Los Angeles, Orange, Riv- erside, and San Bernardino. This extensive previous experience is proof that we understand our primary role as a consultant: to pro- vide a pool of resources —personnel and equipment — that our clients can call upon to fulfill surveying and mapping requirements as necessary. Our DBE Commitment Towill is proud of our firm's commitment to the af- firmative action (including SLBE/ELBE/DBE/MBE/ WBE/DVBE/OBE) programs and being an equal opportunity employer. We have successfully mentored small and disadvantaged businesses through the Caltrans' Cal mentor Program. This statewide Califor- nia program is designed to encourage and support small businesses through voluntary partnerships with established firms. Caltrans provides training, facili- tates the relationships, and provides opportunities to network with additional consultants. Goals are set in a Memorandum of Understanding; and upon docu- mentation and goal achievement by both the Mentor and Protege firms, the firms are graduated. Towill has graduated multiple small firms from this program. In addition to the individuals Towill offers in-house, we have joined with a long-term partner on this contract: Chaudhary & Associates (DBE, Micro/SBE, MBE) to provide field survey support. We are eager to share the work assigned from this contract with Chaudhary because they are composed of individuals we know personally, trust completely, and with whom we have m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services a history of providing successful projects together. We will achieve 10% utilization with Chaudhary, far ex- ceeding the City's established DBE goal of 0.5%. Key Personnel Towill is pleased to introduce the team of key person- nel we have chosen specifically for this contract. Our assigned key personnel will be available to the extent proposed for the duration of the required services. Towill acknowledges that no person designated as "key" shall be removed or replaced without prior writ- ten concurrence of the City of Santa Ana. At any given time of the year, Towill's active backlog represents -45% of our monthly capacity. Accordingly, we have more than enough capacity to support the anticipated requirements of this program. An organizational chart is included at the end of this section. Complete resumes for the following key indi- viduals are located in Appendix A. Survey Project Manager: James Rios, PLS James has 22 years of experience in land surveying as a Project Manager, Project Surveyor, Party Chief, and Mapping Manager. James has well rounded experience with a heavy focus on projects for Southern Cali- fornia public sector clients, including 1W Orange County Public Works, the Cities of Moreno Valley and Yucaipa, the Port of Long Beach, and many others. His extensive experience includes performing field calculations, right-of-way and boundary surveys, and mapping. James regularly coordinates and oversees efforts in all aspects of land surveying, including research and analysis, title reports, rights -of -way, easements, Amer- ican Land Title Association (ALTA) surveys, topogra- phy, boundaries and mapping, construction staking, and the preparation and filing of subdivision maps, Corner Records, and Records of Survey. As Project Manager, James will be responsible for daily oversight of field survey crews and office survey staff, including progress tracking and reporting to the Principal -in -Charge. In addition, he performs research rrSTDWINLGIS L activities; prepares metadata and technical reports in accordance with contractual requirements; imple- ments QA/QC processes for all field and office sur- veying tasks; and verifies that the content and accura- cy of deliverables adhere to project specifications. Principal -in -Charge: Marvin E. Miller, MBA, RPP, PLS, CP, PPS, SP Marvin is an accomplished geomat- ics professional with 43 years of proj- ect/operations management, project design/implementation, and business leadership/consulting experience within the private sector disciplines of surveying, remote sensing, pho- togrammetry, enterprise GIS, and related geomatics services. During his career, Marvin has served as Principal in Charge, Project Manager, Technical Compliance Manager, and Surveyor of Record for numerous federal, state, and local agency project undertakings. As Principal -in -Charge, Marvin will be responsible for contract administration, including preparation of cost estimates, proposals, technical and administrative re- ports, and invoices. Additional responsibilities include monitoring budgets and schedules for compliance and acting as necessary to keep them within contractual parameters. He will perform oversight of all project group members and their functions and Independent Technical Review (ITR) of technical procedures, QA/ QC procedures, and results (i.e., deliverables). Marvin will serve as James Rios' back-up when he is unavailable. QA/QC Lead Frank Borges, PLS Frank Borges is a Professional Land Surveyor and an Associate Principal at Towill with 23 years of experience. He has performed and supervised projects involving boundary sur- veys, legal descriptions and plats, I topographic base maps, geodetic survey control, aerial mapping, ALTA surveys, monitoring surveys, con- struction staking, aeronautical surveys, hydrographic surveying, and LiDAR scanning for clients both private Submitted October 24, 2019 r r- and public. His success on projects comes from his attention to detail in clearly established production procedures, QA/QC, and accountability for tasks completed. As QA/QC Lead, Frank will be responsible for assur- ing the professional quality, technical accuracy, com- pleteness, and consistency of all Towill's deliverables under this contract. Licensed Party Chief / Field Survey Lead: Nicholas Lewis, PLS Nick is a California Professional Land Surveyor and Certified Party Chief with the International Union of Oper- ating Engineers Local 12. He brings 37 years of field survey experience to the Towill team and has worked on projects for the Cities of Fullerton, Irvine, and Huntington Beach. His land surveying experience includes roadway design and construction, horizontal and vertical control, topographic surveys, boundary surveys, GPS, monitoring, and 3D laser scanning. As Field Survey Lead, Nick will be responsible for de- veloping work approaches and cost estimates, sched- uling and managing field crews, directing field and office staff, and providing quality assurance/ quality control and supplemental work and safety planning. Nick is capable of performing production work when needed and management of specific project tasks. He also performs job site inspections for safety and planning of work tasks and may be responsible for communication with City staff and the general public at the project site as needs dictate. Associate Surveyor / Office Survey Lead: Christopher Johnson, LSIT Chris is an Office Surveyor/Certified _ Party Chief with 33 years of expe- rience in the surveying field. His background includes design surveys, construction staking, corridor control surveys, boundary surveys, ALTA FP surveys, 3D laser scanning, right-of- way monumentation, and topograph- ic surveys. He is knowledgeable in the use of MicroStation, InRoads, City of Santa Ana RFP No. 19-090 Professional Land Surveying Services TopoDOT, and Trimble survey instrumentation and software, as well as Caltrans standards. As Office Survey Lead, Chris will be responsible for processing field data, performing GPS reductions and network adjustments, reducing laser scanning data - sets, analyzing laser scan data, and preparing internal deliverables to the project team for final CAD mapping and deliverables. Senior Geomatics Analyst / Aerial Survey Lead: Lorraine Amenda, PLS, CP Lorraine has 29 years of surveying and mapping experience and has served as a Senior Photogrammetrist and Photogrammetry Project Manag- er for over fifteen years. She joined Towill after the completion of her Surveying Engineering degree from California State University, Fresno. Her experience and knowledge in- clude least -squares adjustments and advanced computations for surveying and photogram- metric processes, design of ground control networks, flight planning, and Light Detection and Ranging (LiDAR) data processing. As Aerial Survey Lead, Lorraine will be responsible for daily oversight of photogrammetry personnel (includ- ing those assigned to airborne LiDAR and GIS tasks) and tracking progress and preparing reports for the Project Manager and Principal -in -Charge. She per- forms advanced technical functions, such as airborne GPS processing, analytical aerotriangulation compu- tations, airborne LiDAR data processing, and volume calculations. In addition, she prepares metadata and technical reports in accordance with contractual requirements; implements QA/QC processes for all photogram metric, airborne LiDAR, and GIS tasks; and verifies that the content and accuracy of deliverables adhere to project specifications. Geomatics Specialist / Airborne LiDAR Lead: Keith Kirkby, PE, P.Eng. Keith's 23 years of experience in- cludes a diverse array of proficiency providing geomatics (geospatial) services with an emphasis on air- borne remote sensing applications. Submitted October 24, 2019 m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services He has designed, implemented, and managed dozens of airborne LiDAR acquisition missions, geodetic and photo control surveys, aerial photography campaigns, and GPS field surveys for engineering design and GIS base mapping applications. As Airborne LiDAR Lead, Keith will be responsible for the acquisition and interpretation of LiDAR data, which includes development of work plans, coordina- tion and scheduling of equipment and other resourc- es, on -site data acquisition, which may include field surveying, post -mission data processing and reduc- tions, interpretation and analysis, and reporting of LiDAR data utilizing a variety of techniques. Associate Surveyor / Terrestrial LiDAR Lead: Frederick "JR" Gregory, LSIT JR has 14 years of surveying and mapping experience in both the field and office, which includes topograph- ic mapping, plats/legal descriptions, LiDAR data extraction and classi- fication, and right-of-way appraisal mapping. Over the past five years, JR has focused extensively on the design of static and mobile terrestrial LiDAR (31D laser scanning) surveys and the collection, processing, and classification of LiDAR point cloud data. He is well versed in a vari- ety of survey and mapping software applications and packages, including AutoCAD Civil 3D; Cardinal VR; Carlson software; Bentley MicroStation, InRoads, and TerraScan; TopoDOT, Trimble Business Center and Trimble RealWorks; and STAR*NET. As Terrestrial LiDAR Lead, JR will be responsible for the design and execution of any required 3D laser scanning tasks, as well as the processing and classifi- cation of the terrestrial LiDAR data collected. Certified Party Chief: Oliver Rocha, LSIT Oliver is a Certified Party Chief with 29 years of land surveying expe- rience. He has worked for several local public agencies, including the Cities of Irvine, Moreno Valley, Colton, and Yucaipa. He has been involved in numerous survey projects consisting of topographic, boundary, construction, right-of-way, and GPS surveying on a variety of projects, including highways, roadways, site development, and communications. He will be responsible for performing the necessary field surveys to support task orders, including but not limited to, topographic, boundary, and construction surveys. As Certified Party Chief, Oliver will lead and coor- dinate field staff task assignments on a daily basis, according to project assignment under the direction of the Field Survey Lead and Project Manager. He over- sees crew set up and ensures that proper equipment and procedures are used, consistent with the scope of work for the project. He also performs job site inspec- tions for safety and planning of work tasks and may be responsible for communication with City staff and the general public at the project site as needs dictate. Subconsultant Party Chief: Jose Casanova, LSIT, Chaudhary & Associates Jose has more than 20 years of extensive civil engineering and land surveying experience in the private sector. He is highly proficient in MicroStation, InRoads, AutoCAD, Civil 3D, Softdesk, and GPS Trimble software. He has worked on a variety of projects including land surveying, architectural, transportation, water, land development, and teI@communl- cations, and is currently studying for his Land Surveying license. He has also spent time as a Party Chief and Chainman in a field crew, providing him with a complete understanding of project design. Subconsultant Potholing Lead: Salvador Silva, AirX Utility Surveyors Salvador has nine years of experi- ence at AirX working from the ground up as a laborer specializing in pothol- ing, to crew chief, and now field crew supervisor. As Potholing Lead, Salvador will be responsible for scheduling potholing crews and monitoring productivity and safety during traffic control setup and during pothole excavation. rJTOWILL Submitted October 24, 2019 SURVEYING I MAPPING I GIS irr ' I Marvin Miller, MBA, CP Principal -in -Charge James Rios, PLS Survey Project Manager Frank Borges, PLS JR Gregory, LStT Project Surveyor Associate Surveyor QA/QC Lead 0 Terrestrial UDAR Lead Oliver Rocha, LSIT Nicholas Lewis, PLS Certified Party Chief Licensed Party Chief Field Survey Lead Pose Casanava, LSIT PartyChief ! Feld SterveySupport 19 Two -Person Survey Crews Available Chrislohnson, LSIT Office Survey Support Associate Surveyor 21 Office Survey Office Survey Lead 0 Technicians Available Keith Kirkby, PE Geomatics Principal :AerialMap:pingLe,9:dI P Airborne WAR Lead st Aerial Mapping Support 15 Geanatics Analysts and Technicians Available SalvadorSilva Potholing Lead City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Understanding of Need Project Understanding Towill completely understands the required details re- garding the possible variety of the City's public works projects, including the technical requirements, scope of work, schedule, project Area of Interest (AOI), and the required deliverables associated with survey task order. Moreover, Towill understands that the primary on -call professional land survey services required by the City of Santa Ana may include: 1. Research and Data Collection 2. Vertical & Horizontal Control Surveys 3. Prepare Legal Descriptions, Plats, and Maps 4. Monument Perpetuation/Preservation 5. Map Checking Services 6. Construction Staking Services 7. Photog ram metric/Li DAR Surveys 8. Topographic Surveys 9. Boundary and Right of Way Surveys The overall Project Area of Interest (AOI) is approxi- mately 27.5 square miles and includes the corporate boundaries of the City of Santa Ana. In addition, we understand that one of the primary goals of the pro- gram is to provide the City's Public Works Department with timely/precision professional surveying services that are tailored to fit the objective of each project assignment. Because surveying, mapping, and GIS are the only services we offer, on -call service contracts represent a significant portion of Towill's business model. In fact, across our firm, we currently manage over 50 different Towill's Task Order Management Process on -call surveying/mapping contracts for public sector clients and utility companies of all sizes. It is important to note that we prioritize all of our on call contracts equally. New task orders are inserted into our workflow as they arise and are completed as delivery schedules dictate. We achieve very high levels of client satisfaction by maintaining the critical internal communication necessary to keep on top of task budgets and schedules, shift workloads across office locations as needed to maximize efficiency, and rapidly re assign available resources to meet project commitments. Details on the nine primary land surveying services noted above can be found in the Scope of Services and Schedule section of this proposal. Proactive Task Order Management Our approach for all the work that we do always starts with communication. Before any work begins, our project managers strive to learn about your expecta- tions for each task order, your schedule and budget requirements, and any other potential issues. We then develop a concise Scope of Work, cost estimate, and schedule which, when accepted by the City, becomes the basis for the work. No work will be performed until the City has authorized it via the issuance of a Notice -to -Proceed (NTP). Upon approval of the task order, the team will have a kickoff meeting to focus on delivering a consistent, Task Order Prepare Task Order, Discuss and Request from Cost Estimate, Work Negotiate City Staff Plan, and QA/QC Plan Task Order Perform QA/QC Perform Survey Execute Task. of Deliverables and/or Mapping Order via NT Data Acquisition Submit Respond to City's Task Order Deliverables Questions and Close -Out Comments rrSTDWINLGIS L Submitted October 24, 2019 efficient, and quality deliverable. Instructions to the project team will be developed and distributed to all members. These instructions may include com- munication protocols, schedules/budgets, technical standards, health/safety requirements, scope of work, required deliverables, quality control plans and proce- dures, and/or review of environmental policies. Throughout the performance period, Towill's project manager will maintain open lines of communication with City staff, attending regular status meetings and/ or reporting on the project's progress via email cor- respondence or by phone. Once deliverables are submitted to the City, we respond to any questions or comments you may have, make any final revisions necessary, and ensure that your staff is completely satisfied with all deliverables prior to close-out of the task order. This process is summarized in the flowchart graphic on the previous page. Towill's project manager and support team are committed to responsiveness to meet your objectives. We know from experience that our proven task order management process will be key to successfully deliver your task orders on time and within budget. Suggestions or Special Concerns Given the nature of the anticipated Capital Improve- ment Program (CIP) projects along with Towill's 64 years of experience providing on -call land surveying, we are pleased to have the opportunity to suggest some value-added services for your consideration. Terrestrial, Mobile, and Airborne LiDAR Towill brings 15 years of terrestrial LiDAR scanning ability. Terrestrial LiDAR scanning can be used to obtain spatial information for features that require a high level of detail or that are difficult to reach. It can also be used to gather many data points on complex surfaces, such as rough and uneven ground. The key to successful terrestrial LiDAR scanning technology is knowing when it is the right tool for the job and how to combine and augment it with other measurement methods and data products to provide the most effi- cient service for the tasks at hand. In addition, Towill's unique business model, which combines complete ae- rial photogrammetric and LiDAR services, as well as ground -based field surveying augmented with LiDAR, Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services brings a comprehensive mapping tool set to the City. Recently, Towill completed 16 miles of detailed topo- graphic mapping along State Route 91 in Riverside County, utilizing a combination of mobile and terres- trial LiDAR, aerial photogrammetry, and conventional ground surveys. This seamless integration of various advanced and conventional technologies allowed the Towill team to complete this design -level mapping project to Caltrans standards within 120 days. This is a strength the Towill team will bring to the City. Depending upon the project requirements, incorporat- ing aerial LiDAR as part of the overall solution often represents a cost and time -saving approach. Our airborne LiDAR systems are integrated with precision Phase One 100-megapixel digital image sensors. Combining traditional photogrammetric mapping techniques with state -of -the -profession aerial LiDAR, represents not only a cost-efficient project approach but also the ability to provide precision map docu- ments in areas that would compromise the safety of our field crews. We would also like to point out that we often fuse together terrestrial and aerial LiDAR data sets. For projects where LiDAR represents a more cost-efficient approach, the combination of stereo imagery with aerial LiDAR traditional photogrammetry techniques with state -of -the -profession LiDAR tech- nologies. Potholing Towill's land surveying experience in highly urbanized areas often requires locating buried utilities. Accord- ingly, should the need arise for locating underground utilities, Towill will enlist the services of our subcon- sultant, AirX Utility Surveyors, Inc. AirX is a Wom- an Owned Small Business (WOSB) with offices in Rancho Cucamonga and Escondido, California, has been providing Subservice Utility Engineering (SUE) services since 2000. They are a trusted SUE services provider to not only Towill but also to many local agen- cies throughout Southern California. Assumptions and/or Exclusions Access to all assigned project AOI's will be made available to the survey teams without restrictions or added cost. m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Relevant Project Experience Since Towill's inception in 1955, we have served as a consultant on hundreds of contracts for public agency clients, from the federal and state level down to local agencies and special districts, with the majority of our work generated from on -call contract task orders. In fact, approximately 70% of Towill's total revenue earned last year came from municipal clients and their projects. Following is a small sample of the projects we have completed over the last five years. Caltrans District 59: As -needed Aerial Mapping Services Contract Towill is currently under our fifth consecutive contract with Caltrans to provide as -needed professional aerial photogrammetric mapping services statewide. Most tasks under this contract are focused on the acquisi- tion, processing, and classification of airborne LiDAR (Light Detection and Ranging) data and the genera- tion of color orthophotography; an increasing number of projects over the last two contract periods have also included the capture of planimetric features. Specific services provided under these contracts include airborne LiDAR data acquisition and process- ing, photogrammetric mapping, aerotriangulation, ground control surveys, and quality control surveys. We completed a total of 56 task orders during our previous on -call contract (2015-2018), including: State Route 74 in Orange County: Airborne LiDAR mapping and orthophotography for approximately five miles from west of Hot Spring Canyon Road to the Riverside County border in southeast Orange County. Year Completed: 2018; Interstate 15 in Riverside County: Airborne LiDAR data collection for pavement condition studies along a three-mile stretch of highway near Temecula. Year Completed: 2017; and Interstate 40 in San Bernardino County: Airborne LiDAR, Mapping, and Orthophotography for a 50-mile stretch between Ludlow and Needles. Year Completed: 2016. Client: Caltrans District 59 Contact: John Erickson, CP, PLS Phone: 916.227.7649 rrSTDWINLGIS L Orange County Transportation Authority: OC Streetcar Project Construction Management Services Towill is providing on -call construction staking ser- vices to PGH Wong for the OC Streetcar project. This OCTA project is in coordination with the City of Santa Ana and City of Garden Grove to construct a new east -west double -track modern streetcar in Orange County between the Santa Ana Regional Transpor- tation Center in the City of Santa Ana and the Harbor Boulevard/Westminster Avenue intersection in the City of Garden Grove. The purpose of the project is to improve transit connectivity and transit accessibility, increase transit options, relieve congestion by pro- viding alternative mobility options in a manner that is sensitive to the community's character, and provide benefits to the environment through improved air qual- ity. Year Completed: Ongoing. Owner: OCTA Client: PGH Wong Engineering, Inc. Contact: Doaa Aboul-Hosn, PE Phone: 602.300.4091 City of Irvine: Culver Drive and University Drive Intersection Improvements Project Towill is providing construction surveying services to support the Culver Drive/University Drive Intersection Improvements project. The project involves widening the roadway; reconstructing the concrete median, sidewalks, curb and gutter, etc.; street light relocation; traffic signal modification; extension of an existing channel box culvert; installation of a landscape and irrigation system; signing, striping, and pavement markings; and relocation and adjustment of IRWD water facilities. Towill's tasks include performing a centerline survey and monumentation recovery; de- tailed surveys of the streets, sidewalks, and neighbor- ing properties; developing a digital terrain model and street cross -sections; performing construction staking and as -built surveys; and monument preservation. Year Completed: Ongoing. Submitted October 24, 2019 10 l�J City of Irvine: Alton Parkway Pavement Rehabilitation Project Towill performed horizontal and vertical control sur- veys, topographic surveys and centerline surveys for a 3,000-foot portion of Alton Parkway near the Irvine Spectrum. Utilizing a combination of conventional survey methods and 3D laser scanners, Towill collect- ed full street topographic data without impeding traffic or closing a lane. The final data was mapped, a digital terrain model created, and all delivered to the design team in MicroStation and InRoads format. Year Completed: 2017. Client: City of Irvine Contact: Uyenly Bui Phone: 949.724.7559 City of Fullerton: Raymond Avenue Grade Separation Project Towill provided quality assurance construction survey- ing services, including verifying the primary and proj- ect control, reviewing the horizontal design alignments and vertical profiles, and responding to construction survey requests, to support this grade separation project. We monitored the contractor's surveyor for compliance with the project surveying requirements, verified their layout and controls, spot checked ref- erence points and finished work, and monitored for settlement or movement of existing facilities. Con- struction surveys were performed in accordance with the Caltrans Survey Manual and its revisions. Year Completed: Ongoing. Owner: City of Fullerton Client: Berg & Associates, Inc. Contact: Carlos J. Quiroz, QSP Phone: 310.548.9292 Los Angeles County Department of Public Works: As -Needed Surveying and Mapping Services Contract Towill has been providing land surveying and mapping services for the Los Angeles County Department of Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Public Works since 2013. Our two most recent task orders are described below. LACDPW Headquarters Building ALTA/NSPS Land Title Survey: Towill completed an ALTA/ NSPS Land Title Survey for the Department of Public Works Headquarters building. Services included establishing ground control, color aerial photography, planimetric feature collection at 1" = 20', and development of Digital Terrain Model (DTM) sufficient in detail for generating 1.0' design contours. Our subconsultant, AirX, used Ground Penetrating Radar (GPR) to locate the underground utilities. Year Completed: 2019. Roosevelt Park Construction Staking: Towill is currently supporting the County's contractor with construction staking services for the subject project. To date, there have been a total of 32 staking requests issued, all of which have been completed within forty-eight hours after receipt. Year Completed: Ongoing. Client: LACDPW Contact: Mark Wittig, PLS Phone: 626.458.5144 Orange County Public Works: On -call Surveying Services Contract Towill has been providing on -call surveying services to the Surveyor's Office of the Orange County Pub- lic Works Department since 2010. Services that can be requested under this contract include boundary surveys, monumentation, monument preservation, topographic surveys, construction surveys, and other land surveying tasks. Our current contract extends from 2018 through 2021. Under our previous contract, Towill completed 11 surveying task orders, including several that involved deformation monitoring and monument preservation and perpetuation. Deformation monitoring was pro- vided for the Peters Canyon, Villa Park, and Sulphur Creek Dams. The monitoring surveys included hor- izontal and vertical control, horizontal monitoring of specific points along the dams utilizing GPS static survey procedures, and vertical monitoring of specific TOWINLGIS L is City of Santa Ana RFP No. 19-090 Professional Land Surveying Services points along the dams utilizing precise leveling procedures. Towill also provided monument preservation and perpetuation services for more than 150 monuments in the unincorporated areas of Cowan Heights, Lemon Heights, and Panorama Heights in Orange County to support planned overlay construction activities. Year Completed for all of these task orders: Between 2015 and 2018. Client: OCPW Contact: Wade Weaver Phone: 714.955.0151 References City of Irvine Uyenly Bui Email: uyenly.bui@ci.irvine.ca.us Phone: 949.724.7559 Projects • Culver Drive and University Drive Intersection Improvements • Alton Parkway Pavement Rehabilitation Orange County Public Works Wade Weaver Email: wade.weaver@ocpw.ocgov.com Phone: 714.955.0151 Projects • Olive Heights Monument Preservation • Various deformation monitoring task orders County of Los Angeles Mark Wittig, PLS Email: mwittig@dpw.lacounty.gov Phone:626.458.5144 Projects • LACDPW HQ ALTA/NSPS Land Title Survey • Roosevelt Park Construction Staking rrSTDWINLGIS L Submitted October 24, 2019 `A Scope of Services and Schedule Scope of Work Research and Data Collection Towill routinely conducts a variety of project -related research, such as title reports, APN/property own- ership review, zoning, benchmarks, boundary con- trol, and FEMA documents, to name a few. Through decades of experience, we know which agencies to contact for each specific type of document, what the processes and lead times are for obtaining them, and what potential challenges to expect. Research may be performed at city or county offices, utility agencies, or other appropriate sources. Vertical and Horizontal Control Horizontal and vertical control is the backbone of any successful survey project. The placement of control point locations is carefully evaluated to determine the most efficient method of performing the project tasks. Existing maps and photography, city and county maps, and available historic maps are studied to de- termine how to refine control point locations to better serve each project and make the working conditions safe for the field staff. Whenever possible, the control points are located on or near roads, trails, levees, or other common routes of transportation. Special efforts are taken to obtain appropriate permission to access private and/or government properties. Towill is experienced in conducting conventional surveys, monitoring surveys, precise digital geodetic leveling, and GPS static surveys, as well as establish- ing local project control. We have set up thousands of control networks and are well -versed in tying into and/ or expanding existing control networks. Our staff have decades of experience with a wide variety of coordi- nate systems and the expertise to know which ones apply to each project. We regularly perform static, rapid -static, kinematic and real-time kinematic (RTK), and real-time network (RTN) GPS surveys to establish ground control, de- pending on the requirements for the project. We own and use Trimble dual -frequency GPS receivers. Static and fast static sessions are used to establish primary control stations; fast -static and kinematic sessions are used for secondary control. The Towill Team is well -versed in utilizing GPS methods for establishing Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services vertical control and deformation monitoring to various standards, including the National Geodetic Surveys. Moreover, Towill has extensive experience in the performance of geodetic surveys and is very familiar with working in the most current national datums; e.g., the North American Datum of 1983 (NAD83), 2011 (2010), and the North American Vertical Datum of 1988 (NAVD88). We also have a world-renowned geodetic expert on staff to lead any specialty or high accuracy survey efforts, if needed. Towill's team of professional licensed surveyors are keenly aware and always up to date with technical issues relating to the evolution of geodetic datums, geodetic surveying technologies, and associated standards and proce- dures. Legal Descriptions, Plats, and Maps Towill has extensive experience and expertise in boundary and property surveys for land and parcel determination, performing tens of thousands of sur- veys over our 63-year history. The initial step to any successful boundary survey is performing the proper research of land records. Public records research is required to identify primary control, right-of-way infor- mation, and boundary lines, or lines of occupation, before performing the work. Research may be per- formed at city or county offices, utility agencies, title companies, or other appropriate sources. Necessary records are identified, organized, and analyzed for the field and office tasks. Once the research is complete and all documentation associated with a boundary has been analyzed, we can prepare highly accurate calculations of where we can expect to locate monumentation associated with the boundary determination. Throughout the course of the field survey (which utilize both GPS and conven- tional survey techniques), adjustments can be made to further enhance the accuracy of the search loca- tions and minimize the amount of field time required to complete the survey. When survey results are returned from the field, they are compared to record deeds and maps and the boundary analysis is per- formed. With years of experience, we can efficiently and accurately complete the boundary process, com- TTOWILL SURVEYING I NGIS 13 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services piling an accurate and defendable survey. Towill's team of surveyors has the experience and knowledge to tackle any and all boundary surveys, from public land surveys to subdivision retracements and establishment of centerlines. Towill consistent- ly remains informed of changes in local, state, and federal laws pertaining to surveying and is very active in continuing education to ensure we remain current. When locations are returned from the field, they are compared to record deeds and maps, and the bound- ary analysis is performed. With our years of experi- ence, we can efficiently and accurately complete the boundary process, compiling an accurate and defend- able survey. According to the California Professional Land Survey- ors' Act, a Corner Record may be used to perpetuate, rehabilitate, or reestablish monumentation that has existed in the past in other circumstances; and, when more extensive work is required, or several monu- ments in the same area are in question, it may be necessary to file a Record of Survey map. Records of Survey will clearly identify project horizontal control, record map information, and additional data, and lines and calls prepared in the initial boundary surveys phase. Once a map is ready, our project manager will submit the document to the City for review and to Orange County for map checking. Any comments will be addressed, and the document will then be filed at the County Recorder's Office for recordation. These mapping items will be prepared in accordance with the California Subdivision Map Act, California Professional Land Surveyor's Act, California Public Resource Code, and the City of Santa Ana Municipal Code. These items will be discussed with the City and/or County agency where the property is situated. The anticipated deliverables for this item will vary depending on the requested subdivision mapping task requested. Map Checking Services Towill's team of professional surveyors are well qual- ified to perform map checking services for the City. In fact, the greatest testament to our expert working knowledge is that we are currently performing the exact same map checking as those noted in the City's RFP for the City of Fremont as well as Alameda and San Mateo Counties. We also served as a map rrSTDWINLGIS L checking subconsultant to MSN Engineering for their on -call contract with the City of Pasadena. Our experi- ence includes but is not limited to the preparation and review of parcel maps, tentative maps, subdivision maps, records of survey, and annexation maps. When preparing maps to support the division of land, knowledge of the Subdivision Map Act (SMA) is criti- cal. Subdivision and other related maps begin as any other boundary survey would, with research, field sur- veys, and boundary line determinations. Understand- ing the intent of the map guides the next step, where new lines may need to be determined for parcel splits or site features may be located to support a lot line adjustment or encumbrance map. Construction Staking Construction staking assignments begin with our checking and verifying project horizontal and vertical control prior to the commencement of construction layout work. Our crews will independently survey this control, and we will provide a project control report for use by the construction staking surveyor. When ground surveys, such as field quantity verification, subsidence, layout verification, or utility relocation surveys, are needed, all resulting data is smoothly integrated into final as -built or as -verified reports. A review of the construction plans is completed to determine if sufficient information has been provid- ed for us to perform construction staking from the plans; we also vigilantly check for errors or omissions. Missing information is tabulated and presented to the City for their review. When we see things that do not look right, our first step, upon review by the Project Manager, is always to alert the City. While we are not engineers, our experience with working from their plans has afforded us the insight to know when things do not appear to be in order and may need a second look. We regularly perform surveys to support the construc- tion of a wide range of projects for both public and private entities. Typically, the staking plan will be laid out in AutoCAD or other software if specified by the client. The project manager conducts a site reconnais- sance, coordinates with the client, and finalizes the field crew's action plan. Construction line and grade layout, whether it is Submitted October 24, 2019 14 for roads, sewer, water, storm drain, or grading, will require a swift response to avoid costly delays in construction. Towill often works in a survey con- struction management capacity and has developed profession -leading, efficient methods for work perfor- mance. Field crews are equipped with pre calculated horizontal and vertical alignments so that offsets can be determined at the time of staking and so that cuts and fills can be compared to design data at the point of collection. Many of Towill's survey crews are head- ed up by experienced LSITs with the ability to perform field calculations, field inspections, and problem -solv- ing when the need arises. All verification data is trans- ferred to Towill's database for secondary accuracy checks by office personnel. Limits of removal are staked based on approved plans and/or visual inspection in the field. Our crews have enough experience at this exercise to realize when things appear to be either insufficient or excessive. If it is believed that the removal limits either exceed or are inadequate for construction, we will advise City staff. The limits can be staked either at the actual location, such as paint on curb, or on an offset that can be used later for construction, thereby saving time and money. Examples of QA/QC steps for construction layout are calculating points from different starting points, comparing station and offset listings with plan sets, and graphic checks for irregularities. In the field, comparisons are made to existing structures, and the relationship of reference points are verified visually as they are set. As -staked shots are taken on points set to compare coordinates to the original calculated positions. Different personnel are called to examine items throughout the process to provide an indepen- dent check. Monument Preservation In keeping with Section 8771 of the California Busi- ness and Professions Code, Towill recognizes how critically important accurate and enduring survey mon- umentation and control is to the survey operations of both the City and the surveying community. Without the perpetuation of controlling monuments, countless additional hours of field and office work can occur for both public- and private -sector projects. Every project we undertake begins with a thorough Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services review of not only record information but also of the proposed construction in the area. Our project man- ager organizes the investigation into existing recorded documentation with the City of Santa Ana, Orange County, and other agencies. Records research is typ- ically performed by the project manager or under his direction. From this research, a plan of action is devel- oped for the preservation of existing monumentation and the setting of new points. Our first step in preserving the monumentation is to determine by field verification what monuments are still in place, which have been buried, and which have been destroyed. We then advise the City of our find- ings and plan an operation of setting tie points, which, based on our review of the construction documents, will be established outside proposed construction activities. Monumentation will be marked with either furnished (or as otherwise specified) disks, plugs, or tags, which shall be stamped with the project manager's California Professional Land Surveyor registration number, or as directed in each task. Monumentation shall be estab- lished or preserved for the project or project areas, and shall include considerations for utility locations, proper spacing, and durability. All monuments will be field referenced with a minimum of four (4) intersect- ing reference points, such as cut crosses on curbs, rebars outside the work area, or other approved refer- ence points. A pre -construction Corner Record will then be pre- pared and recorded with the County of San Bernardi- no for each monument. Corner Records shall include the character of the monument, its record reference, reference ties, and other pertinent data. All such field monumentation work will conform to Section 8771 of the California Business and Professions Code, which addresses the preservation of existing survey monu- ments. When construction has been completed, we return to the area and determine which monuments and/ or tie points will need replacement. In many instanc- es, damage to the existing monuments is limited. In cases where monuments are to be replaced, a dura- ble monument, as described above, or standard well monument, if required by the City, is established and post -construction Corner Records are filed. All doc- m TOWILL N- SURVEYING I MAPPING I GIS 15 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services umentation and Corner Records will be prepared to meet the requirements of both the City of Santa Ana and the County of Orange. Topographic Surveys Towill's primary business is land surveying and map- ping. Along with our extensive field and office survey staff, we also have an in-house photogrammetry group of professionals that enables us to perform mapping tasks using either ground- or aerial -based surveying methods, or a combination of the two. This allows us to most efficiently address the client's needs. Because our internal staff work together on every job, and on such a wide range of project types, we have full knowledge of which methods are most suitable to the task at hand, and how to communi- cate efficiently to develop a full understanding of your needs and how best to serve you. Planning is the most important tool to economically serve a project with a variety of field and office activi- ties. Towill performs field topographic surveys for de- sign to produce maps at a wide range of scales, using both GPS and conventional surveying equipment and techniques. Such surveys are typically performed to produce a detailed map for engineering design or as supplemental data collection to enhance and com- plete photogrammetric mapping. We have experience performing virtually every type of field topographic surveying task, including: • Detailed site surveys for design and construction purposes (including location of surface and underground utilities, monitoring wells, curb and gutter lines, and building pad elevations); • Cross-section and profiling along rivers, canals, and levees for hydraulic analysis and design; • Surveys of bridges and surrounding topography; • Surveys of tunnels and the interior of large diameter pipelines; and • Surveys to check and complement photogrammetric mapping. For many of our clients, Towill has conducted multiple site topographic surveys. We have in-house access to some of the latest technology available for these types of tasks. Utilizing robotic one-man instruments allows us to have more experienced field staff con- ducting our topographic data acquisition. With very rJ TOWISURVEYING I NLGIS L precise and accurate measuring devices, we often uti- lize reflectorless technology to acquire the information needed within streets and other areas of heavy traffic without impeding traffic flow. Whether the site is large or small, with Towill's unique capability to complete photogrammetric compilation in house, we will be able to find the most economical solution to your needs. Photogrammetric Mapping Photogrammetric mapping is the process by which aerial photography is used to produce planimetric and topographic maps of the earth's surface and features of the manmade environment. Photogrammetric mapping represents a very important business line for Towill, accounting for an average of 35% of our company's annual revenue. Moreover, photogram- metric mapping is not an ancillary professional service at Towill; many of our most highly accomplished and experienced personnel have dedicated their careers to advancing Towill's photogrammetry operations and providing a level of service far above the competition. Prior to the execution of the primary data collection mission described herein, Towill will either recov- er and target existing ground control positions, or, if needed, establish and target new ground control positions throughout the AOL Using the digital image, ground control, and ABGPS/IMU data, Towill will pre- pare a Fully Automated Analytical Aerotriangulation (FART) solution to establish supplemental control for orienting individual photogrammetric stereo -models covering the entire AOL Upon completion of the FAAT solution, survey/map documents, such as planimetric features, contours, or color orthophotography, can be prepared as -needed anywhere and at any time within the AOL Boundary and Right of Way Surveys Towill has extensive experience and expertise in boundary and property surveys for land and parcel determination, performing tens of thousands of sur- veys over our 64-year history. The initial step to any successful boundary survey is performing the proper research of land records. Public records research is required to identify primary control, right-of-way infor- mation, and boundary lines, or lines of occupation, before performing the work. Research may be per- formed at city or county offices, utility agencies, title Submitted October 24, 2019 companies, or other appropriate sources. Necessary records are identified, organized, and analyzed for the field and office tasks. Once the research is complete and all documentation associated with a boundary has been analyzed, we can prepare highly accurate calculations of where we can expect to locate monumentation associated with the boundary determination. Throughout the course of the field survey (which utilize both GPS and conven- tional survey techniques), adjustments can be made to further enhance the accuracy of the search loca- tions and minimize the amount of field time required to complete the survey. When survey results are returned from the field, they are compared to record deeds and maps and the boundary analysis is per- formed. With years of experience, we can efficiently and accurately complete the boundary process, com- piling an accurate and defendable survey. Towill's team of surveyors has the experience and knowledge to tackle any and all boundary surveys, from public land surveys to subdivision retracements and establishment of centerlines. Towill consistent- ly remains informed of changes in local, state, and federal laws pertaining to surveying and is very active in continuing education to ensure we remain current. When locations are returned from the field, they are compared to record deeds and maps, and the bound- ary analysis is performed. With our years of experi- ence, we can efficiently and accurately complete the boundary process, compiling an accurate and defend- able survey. According to the California Professional Land Survey- ors' Act, a Corner Record may be used to perpetuate, rehabilitate, or reestablish monumentation that has existed in the past in other circumstances; and, when more extensive work is required, or several monu- ments in the same area are in question, it may be necessary to file a Record of Survey map. Records of Survey will clearly identify project horizontal control, record map information, and additional data, and lines and calls prepared in the initial boundary surveys phase. Once a map is ready, our project manager will submit the document to the City for review and to Orange County for map checking. Any comments will be addressed, and the document will then be filed at the County Recorder's Office for recordation. Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Deliverables Major deliverables anticipated with this on -call project include, but are not limited to, the following: • CVS point file in P,N,E,Z,D of survey points • PDF copy of Field Notes • One set of stakes set in the field • Planimetric features in MicroStation V8 format • DTM surface data in MicroStation V8 format • PDF copy of Pre -Construction Corner Records • PDF copy of Post -Construction Corner Records • Pictures collected in the field • Cut sheets • Color digital orthophotography in GeoTIFF format • Design -scale contours • Record of Survey report • Hard copy survey/map documents • Miscellaneous project reports Schedule/Timeline Considering that the City intends to enter into an on - call contract that will have a wide range of scope, we are not able to provide a schedule for work that is yet to be defined. However, within our response to the City's RFP, we have demonstrated our ability to re- spond to the most demanding of schedules. To further support this claim, we offer the following schedule as an example of a project we recently completed for a nearby city in San Bernardino County. The scope of this project included construction sur- vey and staking services for a federally funded Safe Routes to School improvement project with two proj- ect locations totaling approximately 1.1 miles of dense urbanized roadway. Improvements at each location included bicycle lanes, sidewalk, curb and gutter, ADA-accessible curb ramps, commercial driveways, residential driveways, and asphalt concrete pavement for minor street wid- ening. Towill's scope of services included the following: • Site control through the recovery of street centerline monumentation and establishment of temporary site control for staking operations; • Rough grade stakes for rough grading and clearing and grubbing; • Asphalt concrete and concrete demo limits; TTOWILL SURVEYING I NGIS 17 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Grade stakes for curb and gutter, driveway replacement/reconstruction, existing utility finish grade adjustment, and under sidewalk drains; Monument preservation; and Miscellaneous surveying by a two -person crew (the Client requested a budget of 80 hours). I IL Research, Coordination, and Meetings Site Control Rough Grade Stakes: Rough Grading / Clearing & Grubbing Asphalt Concrete & Concrete Demo Limits Grade Stakes: Curb & Gutter Grade Stakes: Driveway Replacement / Reconstruction Grade Stakes: Existing Utility Adjustment Grade Stakes: Under Sidewalk Drains Monument Preservation and Corner Records Miscellaneous As -needed Surveying: Two -Person Crew Fee Proposal As requested in the RFP, our fee proposal is included in a separately sealed envelope labeled "Fee Proposal." Certifications Signed certification forms are included in the Appendix. T STDWINLGIS L Submitted October 24, 2019 18 C Appendix Per the requirements of the City's RFP, Towill has included the required forms and documents listed below on the following pages. • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial Management System • Resumes for all proposed team members Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services m TOWILL N_ SURVEYING I MAPPING I GIS 19 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services TTOWILLSURVEYING I NGIS Submitted October 24, 2019 20 Appendix ATTACHMENT 3-1 o NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by 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, organization, bid depository, or to any member or agent thereof to effectuate 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 -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed I- is �, `,4 en c� State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature SEE ATTACHED CALIFORNIA JURAT Notary Public Seal City of Santa Ana RFP w. Page A13-1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa Subscribed and sworn to (or affirmed) before me on this 21st day of October , 20 19, by Aaron Badavinac proved to me on the basis of satisfactory evidence to be the persono) who appeared before me. CATHY A. SHAPARD Commission # V341 10 Notary Public - Californal Contra Costa County My Comm. Wires Dec 14. 2019 (Seal) Signature `Oa Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Towill, Inc. Signed and Printed Name:'g-ern �:�sL- Aaron Badavinac Title Chief Financial Officer Date October 18, 2019 City of SarU Ana RFP Page A3-2 24 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Sards Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed Title: Chief Financial Officer Firm: Towiil, Inc. Date: October 18, 2019 City of Sardra Ana RFP Page A3-4 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description. On -Call Professional Land Surveying Services 4. Project Location: Citywide (Santa Ana, California) 5. Consultant's Name: Towill, Inc. 2. Contract DBE Goal: 0.5% 6. Prime Certified DBE: 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information ° 10. DBE /° Supplied Number Field surveying support �' g pp 31 10 Chaudhary & Associates, 707.255.2729 Suite 10% 211 Gateway Road W, 204, Napa, CA 94558 Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 10 18. Federal -Aid Project Number: 19_ Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate required. 10/18/2019 12. Preparer's Signature 13. Date Aaron Badavinac 925.682.6976 14. Preparer's Name 15. Phone Chief Financial Officer 16. Preparer's Title DISTRIBUTION: Original — included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 27 January 2019 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 0.5% 3. Project Description: On -Call Professional Land Surveying Services 4. Project Location: Citywide (Santa Ana, California) 5. Consultant's Name: Towlll, Inc. 8. Total Dollar Amount for ALL Subconsultants: TBD 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: TBD 9. Total Number of ALL Subconsultants: TBD 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Field surveying support y g pp 3110 Chaudhary & Associates, 707.255.2729 211 Gateway Road W, Suite 204 TBD Napa, CA 94558 Local Agency to Complete this Section $TBD 20 Local Agency Contract Alit he 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22. Contract Execution 10 r)ntP' Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Aaron Badavinac 925.682.6976 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Chief Financial Officer 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page l of 2 28 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: TOWIII, Inc. Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub -recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Combined Rate 190.75 % OR Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable) Fiscal period * 0 110 1 /18 - 12/31 /18 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally - funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 1 I2(b)(2); 48 CFR Part 31.201-2(d), 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page 1 of 2 March 2018 29 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal -Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties - 23 CFR Part 172.11 LL • False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031 All A&E Contract Information: • Total participation amount $ 1,036,250 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 2 • Years of consultant's experience with 48 CFR Part 31 is 20 • Audit history of the consultant's current and prior years (if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans ICR Audit ❑ CPA ICR Audit ❑ Federal Gov't 1CR Audit I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Aaron Badavinac Signature:�- Email**: aaron.badavinac@towill.com Title**: Chief Financial Officer Date of Certification (mm/dd/yyyy): 10/18/2019 Phone Number**: 925.682.6976 ext. 1001 **An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kfornz is accepted and approved by Caltrans Audits and Investigations. Distribution: 1) Original - Local Agency Project File 2) Copy - Consultant 3) Copy - Caltrans Audits and Investigations Page 2 of 2 March 2018 30 TOWILL SURVEYING I MAPPING I GIS 500 S. MAIN STREET SUITE 540 ORANGE, CA 92868 949.261.1900 TEL WWW.TOWILL.COM EXHIBIT C Local Assistance Procedures Manual EXHIBIT 10-112 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed EXHIBIT 10-112 Cost Proposal Consultant Towill, Inc. ❑ Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant Participation Project No. Contract No. Amount $ Date 2/14/2023 For Combined Rate Fringe Benefit % 41.00% + General &Administrative % 149.75% = 190.75% Combined ICR% OR or Home Office Rate Fringe Benefit % 0% + General &Administrative % 0% = 0% Home Office ICR% or Field Office Rate Fringe Benefit % 0% + General &Administrative % 0% = 0% Field Office ICR% BILLING INFORMATION Fee = 10.00% CALCULATION INFORMATION Hourly Billing RateS2 Effective date of hourly rate Actual or Avg. % or $ Hourly range - Name/Job Title/Classification hourly rate3 increase Straight OT(1.5x) OT(2x) From To for classifications only Marvin Miller*- Principal -in -Charge $239.87 4/l/2023 3/31/2024 $75.00 Surveyor $251.86 4/l/2024 3/31/2025 $78.75 5.00% $264.46 4/l/2025 3/31/2026 $82.69 5.00% $277.67 4/l/2026 3/31/2027 $86.82 5.00% Exempt $291.55 4/l/2027 3/31/2028 $91.16 5.00% Jake Kruger* - Principal Land Surveyor $246.01 4/l/2023 3/31/2024 $76.92 $258.32 4/l/2024 3/31/2025 $80.77 5.00% $271.24 4/l/2025 3/31/2026 $84.81 5.00% $284.80 4/l/2026 3/31/2027 $89.05 5.00% Exempt $299.04 4/l/2027 3/31/2028 $93.50 5.00% James Rios* - Survey Project Mgr. - Surveyor $198.29 4/l/2023 3/31/2024 $62.00 $208.21 4/l/2024 3/31/2025 $65.10 5.00% $218.63 4/l/2025 3/31/2026 $68.36 5.00% $229.57 4/l/2026 3/31/2027 $71.78 5.00% Exempt $241.05 4/l/2027 3/31/2028 $75.37 5.00% Frank Borges* - QA/QC Lead - Surveyor $246.01 4/l/2023 3/31/2024 $76.92 $258.32 4/l/2024 3/31/2025 $80.77 5.00% $271.24 4/l/2025 3/31/2026 $84.81 5.00% $284.80 4/l/2026 3/31/2027 $89.05 5.00% Exempt $299.04 4/l/2027 3/31/2028 $93.50 5.00% Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal Hourly Billing RatesZ Effective date of hourly rate Actual or Avg. % or $ Hourly range - Name/Job Title/Classification hourly rate increase Straight OT(1.5x) OT(2x) From To for classifications only Senior Land Surveyor $253.40 4/l/2023 3/31/2024 $79.23 $71.50 - $79.23 $266.06 4/l/2024 3/31/2025 $83.19 5.00% $279.37 4/l/2025 3/31/2026 $87.35 5.00% $293.34 4/l/2026 3/31/2027 $91.72 5.00% Exempt $308.02 4/l/2027 3/31/2028 $96.31 5.00% Project Surveyor $176.26 4/l/2023 3/31/2024 $55.11 $48.00 - $71.50 $185.08 4/l/2024 3/31/2025 $57.87 5.00% $194.33 4/l/2025 3/31/2026 $60.76 5.00% $204.05 4/l/2026 3/31/2027 $63.80 5.00% Exempt $214.25 4/l/2027 3/31/2028 $66.99 5.00% Associate Surveyor $148.24 $222.36 $296.48 4/l/2023 3/31/2024 $46.35 $42.00 - $48.00 $155.66 $233.49 $311.32 4/l/2024 3/31/2025 $48.67 5.00% $163.43 $245.15 $326.86 4/l/2025 3/31/2026 $51.10 5.00% $171.62 $257.43 $343.24 4/l/2026 3/31/2027 $53.66 5.00% Non -Exempt $180.19 $270.29 $360.38 4/l/2027 3/31/2028 $56.34 5.00% Survey Office Technician $125.18 $187.77 $250.36 4/l/2023 3/31/2024 $39.14 $30.00 - $39.14 $131.45 $197.18 $262.90 4/l/2024 3/31/2025 $41.10 5.00% $138.04 $207.06 $276.08 4/l/2025 3/31/2026 $43.16 5.00% $144.94 $217.41 $289.88 4/l/2026 3/31/2027 $45.32 5.00% Non -Exempt $152.20 $228.30 $304.40 4/l/2027 3/31/2028 $47.59 5.00% Survey CADD Technician $95.53 $143.30 $191.06 4/l/2023 3/31/2024 $29.87 $25.00 - $33.00 $100.30 $150.45 $200.60 4/l/2024 3/31/2025 $31.36 5.00% $105.32 $157.98 $210.64 4/l/2025 3/31/2026 $32.93 5.00% $110.60 $165.90 $221.20 4/l/2026 3/31/2027 $34.58 5.00% Non -Exempt $116.13 $174.20 $232.26 4/l/2027 3/31/2028 $36.31 5.00% Project Coordinator $94.70 $142.05 $189.40 4/l/2023 3/31/2024 $29.61 $24.00 - $33.50 $99.43 $149.15 $198.86 4/l/2024 3/31/2025 $31.09 5.00% $104.39 $156.59 $208.78 4/l/2025 3/31/2026 $32.64 5.00% $109.60 $164.40 $219.20 4/l/2026 3/31/2027 $34.27 5.00% Non -Exempt $115.07 $172.61 $230.14 4/l/2027 3/31/2028 $35.98 5.00% Geomatics Specialist $253.40 $380.10 $506.80 4/l/2023 3/31/2024 $79.23 $56.00 - $79.23 $266.06 $399.09 $532.12 4/l/2024 3/31/2025 $83.19 5.00% $279.37 $419.06 $558.74 4/l/2025 3/31/2026 $87.35 5.00% $293.34 $440.01 $586.68 4/l/2026 3/31/2027 $91.72 5.00% Non -Exempt $308.02 $462.03 $616.04 4/l/2027 3/31/2028 $96.31 5.00% Senior Geomatics Analyst $164.71 $247.07 $329.42 4/l/2023 3/31/2024 $51.50 $37.50 - $56.00 $172.96 $259.44 $345.92 4/l/2024 3/31/2025 $54.08 5.00% $181.60 $272.40 $363.20 4/1/2025 3/31/2026 $56.78 5.00% $190.68 $286.02 $381.36 4/l/2026 3/31/2027 $59.62 5.00% Non -Exempt $200.21 $300.32 $400.42 4/l/2027 3/31/2028 $62.60 5.00% Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal Hourly Billing Ratesz Effective date of hourly rate Actual or Avg. % or $ Hourly range - Name/Job Title/Classification hourly rate increase Straight OT(1.5x) OT(2x) From To for classifications only Geomatics Analyst $118.59 $177.89 $237.18 4/l/2023 3/31/2024 $37.08 $31.50 - $37.50 $124.51 $186.77 $249.02 4/l/2024 3/31/2025 $38.93 5.00% $130.74 $196.11 $261.48 4/l/2025 3/31/2026 $40.88 5.00% $137.27 $205.91 $274.54 4/l/2026 3/31/2027 $42.92 5.00% Non -Exempt $144.15 $216.23 $288.30 4/l/2027 3/31/2028 $45.07 5.00% Geomatics Technician $100.49 $150.74 $200.98 4/l/2023 3/31/2024 $31.42 $22.00 - $31.50 $105.51 $158.27 $211.02 4/l/2024 3/31/2025 $32.99 5.00% $110.79 $166.19 $221.58 4/l/2025 3/31/2026 $34.64 5.00% $116.32 $174.48 $232.64 4/l/2026 3/31/2027 $36.37 5.00% Non -Exempt $122.14 $183.21 $244.28 4/l/2027 3/31/2028 $38.19 5.00% Certified Party Chief** Local 12 $196.88 $227.66 $258.44 4/l/2023 3/31/2024 $61.56 Not Applicable $206.73 $310.10 $413.46 4/l/2024 3/31/2025 $64.64 5.00% $217.07 $325.61 $434.14 4/1/2025 3/31/2026 $67.87 5.00% $227.91 $341.87 $455.82 4/1/2026 3/31/2027 $71.26 5.00% Non -Exempt $239.29 $358.94 $478.58 4/l/2027 3/31/2028 $74.82 5.00% Licensed Party Chief** Local 12 $202.32 $233.95 $265.58 4/l/2023 3/31/2024 $63.26 Not Applicable $212.43 $318.65 $424.86 4/l/2024 3/31/2025 $66.42 5.00% $223.05 $334.58 $446.10 4/1/2025 3/31/2026 $69.74 5.00% $234.21 $351.32 $468.42 4/1/2026 3/31/2027 $73.23 5.00% Non -Exempt $245.91 $368.87 $491.82 4/l/2027 3/31/2028 $76.89 5.00% Party Chief** Local 12 $190.33 $220.09 $249.84 4/1/2023 3/31/2024 $59.51 Not Applicable $199.86 $299.79 $399.72 4/l/2024 3/31/2025 $62.49 5.00% $209.84 $314.76 $419.68 4/l/2025 3/31/2026 $65.61 5.00% $220.33 $330.50 $440.66 4/l/2026 3/31/2027 $68.89 5.00% Non -Exempt $231.33 $347.00 $462.66 4/l/2027 3/31/2028 $72.33 5.00% Chainman/Rodman** Local 12 $173.60 $200.74 $227.88 4/l/2023 3/31/2024 $54.28 Not Applicable $182.27 $273.41 $364.54 4/l/2024 3/31/2025 $56.99 5.00% $191.38 $287.07 $382.76 4/l/2025 3/31/2026 $59.84 5.00% $200.95 $301.43 $401.90 4/l/2026 3/31/2027 $62.83 5.00% Non -Exempt $210.99 $316.49 $421.98 4/l/2027 3/31/2028 $65.97 5.00% Apprentice**Local 12 $138.87 $160.58 $182.29 4/l/2023 3/31/2024 $43.42 Not Applicable $145.81 $218.72 $291.62 4/l/2024 3/31/2025 $45.59 5.00% $153.10 $229.65 $306.20 4/l/2025 3/31/2026 $47.87 5.00% $160.74 $241.11 $321.48 4/1/2026 3/31/2027 $50.26 5.00% Non -Exempt $168.77 $253.16 $337.54 4/1/2027 3/31/2028 $52.77 5.00% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Local Assistance Procedures Manual Consultant Towill, Inc. Project No. EXHIBIT 10-112 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Contract No. 0 Prime Consultant ❑ Subconsultant Date 2/14/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) DESCRIPTION OF ITEMS Quantity Unit Unit Cost Total Mileage Costs mile $ 0.655 $ Equipment Rental and Supplies At Cost $ Trimble SX10 High Definition Scanner day $ 650.00 $ LiDAR Sensor with Cameras day $ 5,900.00 $ senseFly eBee Plus UAS day $ 775.00 $ AirGon Inspire 2 + Zenmuse X4S Camera + Loki PPK UAS day $ 475.00 $ Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: Subconsultant 5: Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 7.If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should besupported by mileage logs. 8.If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehiclesthat could be used for the same purpose. 9.The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10.Add additional pages if necessary. I I.Subconsultants must provide their own cost proposals. EXHIBIT 10-H2 Cost Proposal Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Aaron Badavinac Title *: Chief Financial Officer Signature : eel�ate of Certification (mm/dd/yyyy): 02/14/2023 Email: aaron.badavinac@towill.com Phone Number: (925) 682-6976 Address: 2300 Clayton Rd. #2300, Concord CA 94520 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Land Survey and Mapping Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana, California 2. Contract DBE Goal: 0.10% 3. Project Description: On -Call Professional Land Surveying Services 4. Project Location: Citywide - Santa Ana, California 5. Consultant's Name: Towill, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000.00 8. Total Dollar Amount for ALL Subconsultants: $ 95,000.00 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Field Surveying Support 3110 Chaudhary & Assoc., 211 gateway Road W, Suite 204, Napa, CA 94558 95,000.0C Phone: 707.255.2729 Local Agency to Complete this Section $95,000.01 20. Local Agency Contract KI-1 -'' 14. TOTAL CLAIMED DBE PARTICIPATION 0.10 21. Federal -Aid Project Number: 22. Contract Execution nntP- Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 2/15/23 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Aaron Badavinac 925.682.6976 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Chief Financial Officer 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-H Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-112 COST PROPOSAL page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Chaudhary & Associates, Inc. ❑ Prime Consultant Project No. City of Santa Ana Surveying Contract No. 19-090 ❑ Subconsultant ❑ 2nd Tier Subconsultant Participation Amount $ Date 2/23/2023 For Combined Rate Fringe Benefit % + General & Administrative % = 0% Combined ICR% OR For Home Office Rate Fringe Benefit % + General & Administrative % 124.57% = 124.57% Home Office ICR% For Field Office Rate Fringe Benefit % + General & Administrative % 167.80% = 167.80% Field Office ICR% Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification) Hourly Billing Rates Straight OT(1.5x) OT(2x) Effective date of hourly rate From To Actual or Avg. Hourly Rate % or $ increase Hourly range - for classifications only Arvin Chaudhary, PE, PLS $ 244.56 $ 294.06 $ 343.56 2/23/2023 12/31/2023 $ 99.00 Not Applicable Project Manager $ 251.89 $ 302.88 $ 353.86 l/l/2024 12/31/2024 $ 101.97 3.00% License 7857 $ 259.45 $ 311.96 $ 364.48 l/l/2025 12/31/2025 $ 105.03 3.00% $ 267.23 $ 321.32 $ 375.41 l/l/2026 12/31/2026 $ 108.18 3.00% $ 275.25 $ 330.96 $ 386.68 l/l/2027 12/31/2027 $ 111.43 3.00% Associate Surveyor $ 140.81 $ 169.31 $ 197.81 2/23/2023 12/31/2023 $ 57.00 $55.00 to $60.00 $ 145.03 $ 174.38 $ 203.74 l/l/2024 12/31/2024 $ 58.71 3.00% $57.20 to $62.40 $ 149.38 $ 179.62 $ 209.85 l/l/2025 12/31/2025 $ 60.47 3.00% $59.49 to $64.90 $ 153.86 $ 185.00 $ 216.15 l/l/2026 12/31/2026 $ 62.29 3.00% $61.87 to $67.49 $ 158.48 $ 190.55 $ 222.63 l/l/2027 12/31/2027 $ 64.15 3.00% $64.34 to $70.19 Survey Technician $ 125.98 $ 151.48 $ 176.98 2/23/2023 12/31/2023 $ 51.00 $47.00 to $55.00 $ 129.76 $ 156.03 $ 182.29 l/l/2024 12/31/2024 $ 52.53 3.00% $48.41 to $56.65 $ 133.66 $ 160.71 $ 187.76 l/l/2025 12/31/2025 $ 54.11 3.00% $49.86 to $58.35 $ 137.67 $ 165.53 $ 193.39 l/l/2026 12/31/2026 $ 55.73 3.00% $51.36 to $60.10 $ 141.80 $ 170.50 $ 199.20 l/l/2027 12/31/2027 1 $ 57.401 3.00%1 $52.90 to $61.90 Page 1 of 5 LPP 15-01 January 2018 Local Assistance Procedures Manual Exhibit 10-H BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates2 Straight OT(1.5x) OT(2x) Effective date of hourly rate From To Actual or Avg. Hourly Rate % or $ increase Hourly range - for classifications only California LS Party Chief ** $ 186.35 $ 217.98 $ 249.61 2/23/2023 12/31/2023 $ 63.26 $63.26 to $70.00 $ 191.94 $ 224.52 $ 257.10 1/l/2024 12/31/2024 $ 65.16 3.00% $65.16 to $72.10 $ 197.70 $ 231.26 $ 264.81 l/l/2025 12/31/2025 $ 67.11 3.00% $67.11 to $74.26 $ 203.63 $ 238.19 $ 272.76 l/l/2026 12/31/2026 $ 69.13 3.00% $69.13 to $76.49 $ 209.74 $ 245.34 $ 280.94 l/l/2027 12/31/2027 $ 71.20 3.00% $71.20 to $78.79 Certified Party Chief ** $ 181.34 $ 212.12 $ 242.90 2/23/2023 12/31/2023 $ 61.56 $61.56 to $68.00 $ 186.78 $ 218.49 $ 250.19 l/l/2024 12/31/2024 $ 63.41 3.00% $63.41 to $70.04 $ 192.39 $ 225.04 $ 257.70 l/l/2025 12/31/2025 $ 65.31 3.00% $65.31 to $72.14 $ 198.16 $ 231.79 $ 265.43 l/l/2026 12/31/2026 $ 67.27 3.00% $67.27 to $74.31 $ 204.10 $ 238.75 $ 273.39 1/l/2027 12/31/2027 $ 69.29 3.00% $69.29 to $76.53 Party Chief ** $ 175.30 $ 205.06 $ 234.81 2/23/2023 12/31/2023 $ 59.51 $59.51 to $68.00 $ 180.56 $ 211.21 $ 241.86 l/l/2024 12/31/2024 $ 61.30 3.00% $61.30 to $70.04 $ 185.98 $ 217.55 $ 249.11 l/l/2025 12/31/2025 S 63.13 3.00% $63.13 to $72.14 $ 191.56 $ 224.07 $ 256.59 l/l/2026 12/31/2026 S 65.03 3.00% $65.03 to $74.31 $ 197.31 $ 230.80 $ 264.29 l/l/2027 12/31/2027 $ 66.98 3.00% $66.98 to $76.53 Instrumentperson ** $ 161.61 $ 189.04 $ 216.47 2/23/2023 12/31/2023 $ 54.86 $54.86 to $53.00 $ 166.45 $ 194.71 $ 222.96 l/l/2024 12/31/2024 $ 56.51 3.00% $56.51 to $54.59 $ 171.45 $ 200.55 $ 229.65 l/l/2025 12/31/2025 $ 58.20 3.00% $58.20 to $56.23 $ 176.59 $ 206.57 $ 236.54 l/l/2026 12/31/2026 $ 59.95 3.00% $59.95 to $57.91 $ 181.89 $ 212.76 $ 243.64 l/l/2027 12/31/2027 $ 61.75 3.00% $61.75 to $59.65 Rodperson ** $ 159.90 $ 187.04 $ 214.18 2/23/2023 12/31/2023 $ 54.28 $54.28 to $52.00 $ 164.69 $ 192.65 $ 220.60 l/l/2024 12/31/2024 $ 55.91 3.00% $55.91 to $53.56 $ 169.64 $ 198.43 $ 227.22 l/l/2025 12/31/2025 $ 57.59 3.00% $57.59 to $55.17 $ 174.72 $ 204.38 $ 234.04 l/l/2026 12/31/2026 $ 59.31 3.00% $59.31 to $56.82 $ 179.97 $ 210.51 $ 241.06 l/l/2027 12/31/2027 $ 61.09 3.00% $61.09 to $58.53 Apprentice A Rodperson ** $ 71.97 $ 84.18 $ 96.40 2/23/2023 12/31/2023 $ 24.43 $ 74.12 $ 86.71 $ 99.29 l/l/2024 12/31/2024 $ 25.16 3.00% $ 76.35 $ 89.31 $ 102.27 l/l/2025 12/31/2025 $ 25.92 3.00% $ 78.64 $ 91.99 $ 105.33 l/l/2026 12/31/2026 $ 26.70 3.00% $ 81.00 $ 94.75 $ 108.49 l/l/2027 12/31/2027 $ 27.50 3.00% Apprentice B Rodperson ** $ 79.95 $ 93.52 $ 107.09 2/23/2023 12/31/2023 $ 27.14 $ 82.35 $ 96.32 $ 110.30 l/l/2024 12/31/2024 $ 27.95 3.00% $ 84.82 $ 99.21 $ 113.61 l/l/2025 12/31/2025 $ 28.79 3.00% $ 87.36 $ 102.191 $ 117.02 l/l/2026 1 12/31/2026 $ 29.66 3.00% $ 89.98 $ 105.261 $ 120.53 1/l/2027 1 12/31/2027 1 $ 30.551 3.00% LPP 15-01 Page 2 of 5 January 2018 Local Assistance Procedures Manual Exhibit 10-H BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates2 Straight OT(1.5x) OT(2x) Effective date of hourly rate From To Actual or Avg. Hourly Rate % or $ increase Hourly range - for classifications only Apprentice C Rodperson ** $ 95.94 $ 112.23 $ 128.51 2/23/2023 12/31/2023 $ 32.57 $ 98.82 $ 115.60 $ 132.37 1/l/2024 12/31/2024 $ 33.55 3.00% $ 101.79 $ 119.06 $ 136.34 1/1/2025 12/31/2025 $ 34.55 3.00% $ 104.84 $ 122.64 $ 140.43 l/l/2026 12/31/2026 $ 35.59 3.00% $ 107.99 $ 126.32 $ 144.64 l/l/2027 12/31/2027 $ 36.66 3.00% Apprentice D Rodperson ** $ 103.93 $ 121.57 $ 139.21 2/23/2023 12/31/2023 $ 35.28 $ 107.05 $ 125.21 $ 143.38 1/1/2024 12/31/2024 $ 36.34 3.00% $ 110.26 $ 128.97 $ 147.69 l/l/2025 12/31/2025 $ 37.43 3.00% $ 113.56 $ 132.84 $ 152.12 1/1/2026 12/31/2026 $ 38.55 3.00% $ 116.97 $ 136.83 $ 156.68 l/1/2027 12/31/2027 $ 39.71 3.00% Apprentice E Rodperson ** $ 111.94 $ 130.94 $ 149.94 2/23/2023 12/31/2023 $ 38.00 $ 115.30 $ 134.87 $ 154.44 l/l/2024 12/31/2024 $ 39.14 3.00% $ 118.76 $ 138.91 $ 159.07 l/l/2025 12/31/2025 $ 40.31 3.00% $ 122.32 $ 143.08 $ 163.84 l/l/2026 12/31/2026 $ 41.52 3.00% $ 125.99 $ 147.37 $ 168.76 l/l/2027 12/31/2027 $ 42.77 3.00% Apprentice F Rodperson ** $ 119.92 $ 140.28 $ 160.63 2/23/2023 12/31/2023 $ 40.71 $ 123.52 $ 144.49 $ 165.45 l/1/2024 12/31/2024 $ 41.93 3.00% $ 127.23 $ 148.82 $ 170.42 l/l/2025 12/31/2025 $ 43.19 3.00% $ 131.04 $ 153.29 $ 175.53 l/l/2026 12/31/2026 $ 44.48 3.00% $ 134.97 $ 157.88 $ 180.79 l/l/2027 12/31/2027 $ 45.82 3.00% Apprentice G Rodperson ** $ 127.91 $ 149.62 $ 171.33 2/23/2023 12/31/2023 $ 43.42 $ 131.74 $ 154.11 $ 176.47 l/l/2024 12/31/2024 $ 44.72 3.00% $ 135.70 $ 158.73 $ 181.76 l/l/2025 1 12/31/2025 $ 46.06 3.00% $ 139.77 $ 163.49 $ 187.21 l/l/2026 12/31/2026 $ 47.45 3.00% $ 143.961 $ 168.39 $ 192.83 l/l/2027 12/31/2027 1 $ 48.87 3.00% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Page 3 of 5 LPP 15-01 January 2018 Local Assistance Procedures Manual Local Assistance Procedures Manual Exhibit 10-H EXHIBIT 10-H2 Cost Proposal Notes: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT 10-112 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Chaudhary & Associates, Inc. ❑ Prime Consultant ❑ Subconsultant Project No. City of Santa Ana Surveying Contract No. 19-090 Date 2/23/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs $ $ Equipment Rental and Supplies $ $ Permit Fees $ $ Plan Sheets $ $ Test $ $ Traffic Control Vehicle $ $ Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Subconsultant 6: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Page 4 of 5 LPP 15-01 Januar32018 Local Assistance Procedures Manual Exhibit 10-H EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Arvin Chaudhary, PE, PLS Title *: Signature : Email: arvin(a-chaudhary.com President Date of Certification (mm/dd/yyyy): 2/23/2023 Phone Number: 707-255-2729 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Land Surveying Services Page 5 of 5 LPP 15-01 January 2018 EXHIBIT 4 AGREEMENT WITH JOHNSON-FRANK & ASSOCIATES, INC., TO PROVIDE ON -CALL PROFESSIONAL LAND SURVEYING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Johnson - Frank & Associates, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 2, 2019, the City issued a Request for Proposal ("RFP") No. 19-090, by which it desired to retain a consultant having special skill and knowledge in the field of Professional Land Surveying services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in RFP No. 19-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 19-090, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services," which was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference as Exhibit A and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three (3) consultants selected to provide services on an on -call basis under RFP 19-090. The total compensation for these services provided by all such consultants selected under RFP 19-090 shall not exceed the shared aggregate amount of One Million, Five Hundred Thousand Dollars and Zero Cents ($1,500,000) during the term of the Agreement, including any extension periods. Page 1 of 10 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 1, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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 Page 2 of 10 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit 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. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (5) Broader Coverage: 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. b. Other Insurance Provisions (1) 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 connectionwith such work or operations. General liability coverage can Page 3 of 10 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 if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (2) Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant 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. (6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies: If any of the required policies provide claims -made coverage: i. The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the contract effective date, Page 4 of 10 the Consultant must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. (8) 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy 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. (9) 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. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 10 9. 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. 10. 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. 11. 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. 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or Page 6 of 10 military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving Page 7 of 10 the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 8 of 10 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: John -Frank & Associates, Inc. Attn: Alan D. Frank, President 5150 E. Hunter Ave. Anaheim, CA 92807 Fax: (714) 777-1641 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Bran on Salvatierra Alan D. Frank Deputy City Attorney President [signatures continued on next page/ Page 9 of 10 RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Page 10 of 10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROFESSIONAL LAND SURVEYING SERVICES RFP NO.: 19-090 Introduction and Background: The City of Santa Ana intends to retain Professional Land Surveyors, licensed in the State of California, to perform land surveying services on an as -needed or "on -call" basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. Specific services shall be on -call and shall include all duties typically expected of a Professional Land Surveyor or surveying firm. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide Professional Land Surveying services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general Land Professional Surveying services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. A California -licensed land surveyor shall be in responsible charge of all survey work performed under this agreement. City of Santa Ana RFP 19-090 Page Al-1 The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: A. Prepare legal descriptions, plats and maps for subdividing property B. Research existing County and City records for survey monuments within the project area. Prior to any clearing, removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 8771. Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City. C. Perform boundary line adjustments D. Perform monument perpetuation/preservation in areas that will be impacted by City projects o Includes site investigation for existing monumentation, with a report provided to the City with recommendations. o May include pre- and post -construction records E. Replace lost or obliterated property corners F. Set boundary markers or property corners, also known as monuments G. Retrace boundaries for fences and other purposes H. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries I. Prepare legal descriptions and information shown with the description of any deed or other title document J. Prepare Record of Surveys Map Checking Services A. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. B. Prepare maps or plats C. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. D. Review title report and existing easements for correct plotting and references. E. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. F. Provide a set of redline check prints showing the redlined comments, and required City of Santa Ana RFP 19-090 Page Al-2 corrections and information. G. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. H. Provide a timesheet at the end of every review to include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. I. Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps Construction Services A. Stake the location of fixed engineering works for construction purposes. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project. B. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements at join points. C. Complete the construction staking within the time frame as specified on the Survey Request Form, or (given minimum notice) commence the staking no longer than two working days from receipt of the request, providing continuous service until the request is complete. D. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will be allowed therefor. Miscellaneous Services A. Investigate boundary discrepancies B. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the fixed works embraced within the practice of civil engineering C. Determine contours of the earth's surface for topographic maps D. Photogrammetric surveying or aerial topographic mapping or aerial photography E. Provide Professional Land Surveying services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross -sections, intersection grids, centerline determination, digital terrain models (dtm), right of way determination, utility profiles and exhibits. F. Generate a computer drawing in Microstation V8 format as well as the sample survey City of Santa Ana RFP 19-090 Page Al-3 drawing on the City of Santa Ana website listed in item K below. G. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the following standards: H. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. I. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. J. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. K. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. L. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. M. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. N. All City CADD standards as well as Microstation configuration files are located at: http://www.Santa-ana.org/pwa/En.gineerinj4Services.asp Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of City of Santa Ana RFP 19-090 Page Al-4 contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. Special Requirements (Attachment 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https://dot.ca. _og v/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 19-090 Page Al-5 10:4lei rIll r IUD F % Johnson -Frank & Associates Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency i t"i- k 5150 E. Hunter Ave. Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 00 Johnson -Frank & Associates Inc. r op On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency COVERLETTER........................................................................................................................... ii FIRM & TEAM EXPERIENCE..................................................................................................... I COMPANY ORGANIZATIONAL CHART................................................................................. 5 UNDERSTANDING OF NEED..................................................................................................... 6 SIMILAR PAST PROJECTS....................................................................................................... 11 ATTACHMENT I - RESUMES / PROJECT STAFF................................................................. 21 Exhibit A - Certification and Pricing............................................................................................ 26 ExhibitB - References.................................................................................................................. 27 Exhibit C - Proposers Statement................................................................................................... 28 Exhibit D - Non -Collusion Affidavit............................................................................................ 29 Exhibit E - Non -Lobbying Certification....................................................................................... 31 Exhibit F - Non-discrimination Certification................................................................................ 32 Exhibit G - Sample Insurance Endorsement................................................................................. 33 The following proposal shall be valid for a period of ninety (90) days from the date of submittal. Q Ct a j an D. Frank, �PLS ( * President Ilk.l N0. 7Al FOF CAL\Q 5150 E. Hunter Ave. i Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F % Johnson -Frank & Associates Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency October 23, 2019 Mr. Sean Thomas, PE Public Works Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Request for Proposal (RFP No. 19-090) to provide On -Call Construction Surveying Services to the City of Santa Ana Pursuant to the request for proposal referenced above, we respectfully submit the attached proposal and qualifications package for your review. As this submittal will show, Johnson -Frank tailors its services to public agency entities. Our firm does very little private sector work. Rather, our firm strives to be, and has become, an extension of public agency staff for many of our clients, including several Cities. We firmly believe that it is our ongoing experience with the City of Santa Ana that affords us a somewhat exclusive level of qualification for the upcoming contract. Over the duration of our past on -call surveying services contract, we have performed dozens of projects, (construction staking, monument preservation, Record of Survey, topographic mapping, the review and preparation of legal descriptions for Right of Way acquisition, etc...), for various project managers. Without exception, City staff has expressed their satisfaction with our professional services, time and time again. This successful track record, one of consistency and quality, has allowed us to develop deep working relationships with the many project managers we have been fortunate to work with. These relationships have afforded us to work more like business partners with the City, allowing information and expectations to flow freely in both directions. Our `one- on-one' style, coupled with the level of trust that has been developed between our management staff and the City, truly places us in a unique position with regard to the level of qualification our firm possesses. We believe that our team, the JFA Team, is an unbeatable assembly of professionals, a team to which there is no rival. We thank you for considering our team and for providing us this opportunity. We look forward to the potential of working with you. Please feel free to contact me directly during the proposal evaluation period at 5150 E. Hunter Ave., Anaheim, CA 92807, (714) 777-8877 x107, alanfrank@johnson-frank.com. Sincerely, Alan D. Frank, PLS 7172 President 5150 E. Hunter Ave. ii Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. F ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency FIRM & TEAM Johnson-Frank's solutions are singularly tailored to meet our client's EXPERIENCE goals. As a full service land surveying firm, the Johnson -Frank staff includes registered and degreed land surveyors as well as highly experienced support technicians. The Finn's equipment represents the Surveying Services latest surveying technology. From its' offices in Anaheim, California, • Construction Surveys Johnson Frank provides services throughout the United States. • Monument Preservation Practical, Extensive Experience • Right of Way Johnson -Frank provides a wide range of land surveying services to an Engineering equally wide range of private and public sector clients. These services • Map Checking include the review of subdivision maps, final maps, parcel maps, and • Cadastral Surveys records of surveys for numerous local public agencies such as the • Boundary Surveys cities of Cities of Irvine, Mission Viejo, Laguna Niguel, Covina, and • High Precision the County of Orange. The Firm also serves as the City Surveyor for Horizontal and the cities of Laguna Niguel and Mission Viejo. Vertical Geodetic Control • Global Positioning System Surveys • Resource Grade, Economical GIS Data Acquisition • Aerial Mapping and Aerial Control Surveys • Topographic Mapping Surveys 5150 E. Hunter Ave. (714) 777-8877 Johnson -Frank is well versed in serving county and federal agencies. The Firm has served as the on -call surveyor for the U.S. Forest Service's Southern Nevada Acquisition Office for the last five years. The Firm began a relationship with the U.S. Army Corps of Engineers, Los Angeles District, in 1980 and has been on an on -call basis since that time. As the founders of Johnson -Frank emerged from the ranks of the Orange County Surveyor's (OCS) Office, the Firm has served as an extension of that agency on an as needed basis since 1975. The Firm has received numerous awards and letters of appreciation from its' clients over the years. The Firm received outstanding performance evaluations from the U.S. Forest Service for projects completed from 2003 to 2010. The firm also received Excellent and Very Good performance ratings from Los Angeles District, U.S. Army Corps of Engineers for projects completed since 2006 under the current on -call contract, plus numerous Excellent and Very Good ratings under the previous contract from 2000 through 2005. The Firm has also received numerous letters of appreciation from clients, both public and private, including attorney Warren Wimer, private firm RBF Consulting, the City of El Monte, and the BLM, to name a few. From relatively small staking projects to large-scale governmental horizontal and vertical control surveys, the Finn's surveying and mapping capabilities are second to none. Global Positioning System receivers are utilized, as well as conventional total stations and first order leveling equipment. Because Johnson -Frank routinely integrates varied skills with the latest technology, results are optimized and, more importantly, clients' goals are met precisely and efficiently. 1 Anaheim, CA 92807 alanfrank@johnson-frank.com FAX: (714) 777-1641 �fo Public Agency Service Johnson -Frank was selected by the City of Irvine to provide construction layout for the Barranca bridge which spans the I-S Freeway. Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Johnson-Frank's concentration on public sector clients bolsters our familiarity with codes, ordinances, and personnel of the area's municipalities and government agencies. This focus is reflected in the surveying services provided. The Firm enjoys an excellent reputation for its field research, field surveys, and its knowledge of survey practices and documentation. That reputation extends to Johnson-Frank's knowledge of local policies. Some municipalities and government agencies regard Johnson -Frank as an extension of their own staff. Johnson -Frank was selected by the Orange County Surveyor to set 200 aerial targets to facilitate aerial mapping of the El Toro Marine Corps Air Station. A Standard of Excellence on which Government Agencies and Municipalities Can Confidently Rely Johnson -Frank has an enviable depth of government agency and municipality surveying experience. That experience is manifested by an exciting array of projects in which the Firm is, or has been, involved, including: • Boundary Surveying, Right of Way Engineering, and Map Checking • Earth Movement Monitoring Studies • Bridge Layouts • Digital Terrain Modeling and Earthwork Quantity Calculations • Planning, Establishment, and Maintenance of Precise Horizontal and Vertical Control Networks • Three Dimensional Computer Aided Mapping • Aerial Photography and Airborne GPS Controlled Aerial Photography • Aerial Mapping Including Ground Control, Map Compilation, and Analytical Bridging Beyond our extensive experience, technical expertise and our ongoing acquisition of the latest, most advanced equipment, the Firm's success can be partially attributed to an emphasis on old-fashioned communications skills. Johnson-Frank's internal communication network results in all of our people understanding the role, goals, and expectations of the agency for which the Firm is working. Experience indicates that an open dialogue results in projects that are brought in on time and at projected costs. 5150 E. Hunter Ave. 2 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Financial Stability Johnson -Frank & Associates, Inc. is financially sound. We have remained fiscally sound throughout our 39-year existence in spite of Solid Financial Policies the economic downturns experienced by the County of Orange and the economy in general. We have outlasted many other firms who Never Involved in could not withstand the economic impact. Through our sound fiscal Litigation policies, we keep our debts at a minimum and our clients' satisfaction at a maximum. As a result of these policies, Johnson -Frank enjoys an outstanding credit record and can easily finance any project specific expansion necessary. Our firm also stands on solid ground legally. We have never been involved in any litigation and have never had any claims against our $2,000,000 Professional Liability Errors and Omissions insurance. Demonstrated Ability Johnson -Frank & Associates, Inc. handles all projects with the same superior level of competency and enthusiasm. We have provided land surveying services for projects ranging from neighborhood shopping Clients' Success Depends centers to planned communities, large scale communications on Communication and Understanding networks, and transportation facilities. All projects were completed with focus on the clients' needs, resulting in success through satisfaction. Quality on Time US Corps of Engineers Award 1994, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 US Navy Award 1998 & 2001 The attribute that truly distinguishes Johnson -Frank & Associates, Inc. from other full service firms is our ability and commitment to communicate on an ongoing basis with our clients. Our experience shows that most projects require a continuing dialogue insuring that client' goals are constantly fine-tuned so that the final results will reflect the clients' very latest input. Our firm has performed all types of surveying services, including unique services that private firms are not often accustomed to providing, such as city or county wide horizontal and vertical control networks and geodetic leveling for subsidence monitoring. We work seamlessly as an extension of our client, whether they are a private entity or a governmental agency. Our rigorous attention to detail provides our clients with the utmost confidence in our services and has prevented our firm from ever being involved in any litigation. We continually receive outstanding performance evaluations from the Los Angeles District, U.S. Army Corps of Engineers. In addition, we are the only contractor for the LA District that has always been on time and within budget! We have received numerous very good and excellent performance ratings over the years from the Southwest Division U.S. Naval Facilities Engineering Command, the LA District, US Army Corps of Engineers, and the US Forest Service. 5150 E. Hunter Ave. 3 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency PHOTOGRAMMETRIC SUB -CONSULTANT Geospatial Professional Solutions Inc. (GPSi) Traces its roots back to the old Airborne Systems, Inc. Located in Anaheim, California, which was subsequently bought out by Stewart Geo Technologies Inc. (SGT Irvine, PSICA). When Stewart Title corporate office decided to shutdown the SGT operations in Irvine and Phoenix AZ in June 2007, the two key project managers Paul Hamilton -Rivers, and Ramon B. Ramos co-founded GPSi along with Alice Ramos to continue the long tradition of providing high quality photogrammetric mapping and aerial imaging products and services. GPSi was incorporated in California on May 29, 2007. It bought most of the assets of SGT (Irvine) and retained its core production staff thus maintaining the capability to service public agencies and companies engaged in the design, construction and management of public works, infrastructure systems, and the management of natural resources. GPSi has the manpower and equipment to accommodate time - critical and technically demanding projects and supports the missions of its clientele with a broad range of geospatial technologies. Company Profile Headquartered in Costa Mesa, CA, GPSi features the next generation of geospatial solutions that encompasses aerial image acquisition using the U1traCamLp digital aerial mapping camera, photogrammetry, remote sensing, and Geographic Information Systems. We are a certified small business (VSBE) & Woman -owned Minority Business Enterprise (WMBE). Our leadership team has a 29-year legacy of success in meeting and exceeding our clients' mission -critical needs that have rigorous mapping, CADD, GIS and orthophoto standards and specifications. This is reflected in our high client retention rate, along with a legion of satisfied customers. GPSi is proud to be the only California -based mapping company to offer the U1traCamLp, a Microsoft Vexcel digital aerial mapping camera tailored for high accuracy, design grade engineering mapping. With a 92 megapixel image format, a 1:2.2 pan sharpen ratio that collects PAN, RGB and NIR in parallel, and forward motion compensation by Time Delayed Integration (TDI), this camera delivers the same technical capabilities of larger models. The ability to deliver true -color and color -infrared (CIR) image quality with unmatched radiometric range, makes it ideal for small to medium sized large-scale, photogrammetric projects, high -resolution orthophoto production, precision photogrammetry, corridor mapping, and LiDAR integration. 5150 E. Hunter Ave. 4 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency COMPANY ORGANIZATIONAL CHART The following diagram represents the organization of the company as of this writing. Johnson -Frank& Assoc. ,Inc. Roger A. Frank, PLS President/CEO (Quality Control/ProjectSurveyorthis Project) Alan D. Frank, PLS Vice President (ProjectManagerthis Project) Accounting Teresa Frank Safety Leonard Castillo Map Checking Field & Office Survey Staff ProjectSurveyors /TaskManagers Alan D. Frank, PLS Leonard Castillo Joe Padilla, PLS DepartmentManager Shared Resource Coordinator Leonard Castillo Shared Johnson-FrankResource Pool GeoSpatialProfessionalSolutions, Inc. Aerial Photogrammetric Mapping and UDAR Services Johnson -Frank & Assoc., Inc. is a small enough firm that in effect, the whole firm is your team. As such, any and all resources and/or personnel within the firm will be available and committed to City tasks as necessary. At the same time, it should be noted that Johnson -Frank is not so small as to not be capable of fulfilling any and all of the City's needs. As this proposal and qualifications package shows, Johnson -Frank has the experience and resources available to provide the City with the superior service and quality for which Johnson -Frank has become known, the same level of service that the City has enjoyed in the past. 5150 E. Hunter Ave. 5 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 F �RW Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency UNDERSTANDING OF NEED General Land Surveying Services Understanding / Scope: Prior to submitting a cost estimate, we always thoroughly review the survey request with City Staff requesting the survey, as well as the site at hand, both from on -site visits as well as through aerial and satellite imagery readily available through Google Earth. We will adhere to the City's standard CAD and file templates. This is an issue with which we are very familiar. Working with local municipalities, Counties, and US Government agencies, we are familiar with translating into, or working in, anyone's CAD and file format standards seamlessly. Topographic Surveys: All of our topographic work products will be produced, and will be delivered, in AutoCAD Civil3D, unless alternate formats are requested. In addition, we will submit ASCII coordinate files along with said DWG and PDF files. We will perform additional surveying work as it becomes necessary, and in conjunction with the approval (if necessary) of the City Surveyor. As -Built Surveys: As -Built surveys will be performed as, and where, requested. Deliverable files will include ASCII and AutoCAD Civil 3D files in City formats, as well as any field sketches necessary to facilitate the depiction of the area or feature being detailed. Construction Layout: Thorough review of the construction plans is a crucial step that is often overlooked. We have found that catching errors in the plans prior to having field crews on site is infinitely more cost effective. It allows our project surveyors and our field crews to get acquainted with the plans ahead of time, rather than viewing the plans for the first time the morning that the stakes are needed by the contractor. We also believe in doing all possible calculations in the office rather than in the field. We have found that office labor is much more economical than field labor. In addition, the office personnel, with computers and CAD programs, are much more sufficiently equipped to perform mass calculations than the field personnel. We will follow the City's Construction Services, Survey Section staking policy as well as conforming to industry standards. 5150 E. Hunter Ave. 6 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Detailed and accurate records of Requests for Construction Staking will be maintained on the City's approved form. Grade sheets will be provided on the approved form to the Contractor, Inspector, and the City Surveyor. Regularly scheduled reports will be provided to the City Project Manager for all construction work activities. We will perform additional surveying work as it becomes necessary and in conjunction with the approval (if necessary) of the City Project Manager. Benchmark Set/Relocate We will establish new benchmarks as directed by the City Project Manager. We will meet or exceed the City's accuracy standards. Our firm has extensive Geodetic Leveling experience, including subsidence monitoring throughout the Wilmington/Long Beach area that we've performed annually for the last 20+ years, simultaneous leveling and GPS performed for the National Geodetic Survey as part of the National Height Modernization Study, as well as Geodetic Leveling performed throughout the State for the California Spatial Reference Center. As a matter of standard procedure at JFA, all leveling data is processed through Star*Lev. All electronic data, closures, and adjustments will be submitted to the City Project Manager. New benchmarks will be stamped as directed by the City Project Manager. Temporary benchmarks will be established where necessary as directed by the City Project Manager. Monument Preservation: Provide copies of recorded pre —construction corner records as required in compliance with the State of California's Land Surveyors' Act Section 8771. Set new monuments as required in compliance with the State of California's Land Surveyors' Act Section 8771 Provide copies of recorded post -construction corner records as required in compliance with the State of California's Land Surveyors' Act Section 8771. As the City Surveyor and/or On -call Survey Consultant for several local Cities, Johnson -Frank has extensive experience providing Monument Preservation services throughout Orange and Los Angeles Counties. 5150 E. Hunter Ave. 7 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency We will adhere to City, County, and State standards and fonrnats so that our Corner Records conform to any said standards that may exist. Horizontal and Vertical Control: Provide permanent control points for topographic or construction surveys. Establish coordinates for control points using California Coordinate System 1983, Zone VI, 2007 Epoch, or other as requested by the City Project Manager. Establish elevations for control points using the City of Santa Ana and Orange County Bench Mark network and the North American Vertical Datum of 1988, or other as requested by the City Project Manager. Provide copies of field notes, and/or computer files showing raw results and any adjustments ("Star -Net" files). Provide computer files compatible with AutoCAD Civil3D, or Trimble Business Center, showing final adjusted coordinates (P,N,E,Z,D) for each control point. Real Time Kinematic (RTK) methods of GPS surveying will NOT be accepted for the establishment of horizontal or vertical control points. We will adhere to the City, or County, control system, as directed by the City Project Manager, and provide control deliverables in digital format. Control work is another area within which we have a superior level of experience and knowledge. We have performed geodetic control for numerous public agencies, including the City of Irvine, the Los Angeles District Corps of Engineers, the Southwest Division, US Naval Facilities Engineering Command, the California Spatial Reference Center, and directly for the National Geodetic Survey. We have performed everything from traditional horizontal control prior to the advent of GPS, to high precision horizontal GPS, and even assisted the National Geodetic Survey in developing standards for performing high precision Vertical GPS surveys. Map Checking Understanding / Scope: In general, all map checking follows a similar work flow. Unlike many standard surveying procedures, map checking always follows a checklist. This ensures that all items with which a particular agency or jurisdiction is concerned are adequately reviewed, and that no critical items are overlooked. In general the checking process goes as follows: • The process starts at the top of the title sheet, where items such as the date of the survey, the tract number, and acreages are checked. The next step is to check the legal description of the property and ensure that it matches the title report provided. Then on to dedications and 5150 E. Hunter Ave. 8 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency certificates, including owner's certificates, surveyor's/engineer's certificates, county certificates, etc... • The next step is to verify that we have on hand any necessary clearance letters, informational sheets, street name approvals, approved tentative, conditions of approval, etc... that may be needed, and their status, whether provided or still needed. • We then verify that the top of all sheets have the necessary information such as the date of survey, tract number, surveyor's/engineers name and number, total acreage, number of numbered lots, number of lettered lots, and sheet number together with the total number of sheets. • We then begin checking the individual map sheets. Are there any land locked lots? Are there north arrows and scales on every page with correct, convenient orientation to facilitate reading of the map? Has the intended use of lettered lots been shown? Are the street names and widths shown? Is the map legible, and have the proper fonts and proper sized lettering been used? • Then we turn to monumentation and verify that proper monumentation has been found and used, that each monument has been properly called out, described, and referenced. We check to see that monuments required to be set have been set or are called out as to be set. • The next step is to verify that all existing easements have been properly delineated, labeled, and tied down, and that all easements being dedicated are shown and properly noted as being dedicated and accepted. • Then we turn our attention to correct and sufficient boundary location. Has the map been based on proper survey control? Has prorating and proportioning been performed properly? Have deeds been interpreted correctly? Have relationships to adjacent lines of record been handled properly? Have the methods of establishment been shown? Do all annotations on the map match those shown on the map traverse closures and do all closures close? • The final items to check cover all miscellaneous items, including spelling, sufficient details, clarity of drafting, and any other items relevant to state law, local ordinances, and professional survey practice. We have developed a "digital" method of map checking in order to be able to easily transmit all check data, including map mark-ups. In addition to making the communication between all parties far easier, and faster, the mark-ups are much easier for the submitting engineer/surveyor to read and understand. Typed corrections encourage "thoroughness" on the part of the checker, contributing to more thorough understanding by the user. We are the first, in this area, to have moved from hand marked maps to digital, and to date, remain the leaders in the area. Capability of the Proposed Team Johnson -Frank & Associates, Inc. has been a surveying and mapping firm since its inception in December 1975, and remains so today, with one hundred percent of our business being surveying and mapping. As a result of our emphasis on surveying and mapping, we are better equipped and better trained than most firms offering these services. With our top of the line equipment, trained personnel and principals and key employees having many years of both field and office surveying experience, our firm is ideally suited to provide services on a wide variety of projects. We are 5150 E. Hunter Ave. 9 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. W On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency equipped for any type of survey in all types of terrain including Global Positioning Systems surveys with our Trimble Global Navigation System Satellite Receivers and Terrestrial Laser Scanning with our Riegl LMS-Z420i 3d laser scanner. In addition to our regular survey crews, we have the equipment and base personnel (management and party chiefs) to field up to three additional survey crews on very short notice. The size of our firm enables us to handle City projects in a quick and efficient manner. We are capable of fielding survey crews to the site within one day's notice. In addition, our association with the International Union of Operating Engineers affords us the ability to augment our core workforce with additional field personnel. This association with the Union also alleviates any Prevailing Wage issues that may arise as our employees are always compensated appropriately. Is Bigger always Better? - There is a lot of hype in the marketing of Engineering and Surveying services about capacity, and about how a larger firm is more capable to serve public agencies simply because they have more people. But the truth is, bigger is not necessarily better. These large engineering firms claim enormous capacity, but are generally bulky, and less flexible than smaller businesses. They can show large numbers of people in varied disciplines, and they have a highly paid marketing staff to "sell" that large staff and overhead as a "positive" to agencies and other clients. But the truth is, they cannot turn on a dime. They can show vast resources as available, but the simple fact is, they do not have resources "on the shelf' which are not already obligated to their other clients. That is a simple fact of business. If they did, they would be out of business very soon. On the other hand, our firm is not going to pretend we have a large number of people sitting around doing nothing waiting for your job. Our staffing level allows us to be agile, and with our depth of knowledge and experience in the specific field for which this RFP is addressed, we are able to shift priorities, reschedule tasks, and authorize overtime out of our budget, not yours, when necessary to meet any foreseeable needs. The City of Santa Ana is a priority client to us, not just one of the hundreds necessary to sustain a large firm. We do what it takes to satisfy our clients' needs, and we have a proven history of doing just this. A large firm, with its regionally based leadership and huge overhead is not necessary, or even logical, to service the surveying needs of the City of Santa Ana. The dedicated and flexible team of professionals that is Johnson -Frank & Associates, can and will service those needs efficiently, cost effectively, and give the City the priority service they deserve. 5150 E. Hunter Ave. 10 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F F Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency SIMILAR PAST PROJECTS On -Call Services, Irvine Contact: Andrew Pham, Project Manager, (949) 724-7309 / apham@ci.irvine.ca.us City Surveyor: • Digital Submissions • Map Checking • Annexations • Lot Line Adjustments • Construction Staking • Subsidence Monitoring • Geodetic Control • Topo Mapping Over the past 44, years Johnson -Frank & Associates, Inc. has provided the City of Irvine with countless services including checking of Subdivision Maps, both digital and hard copy, checking of lot line adjustments, checking of legal descriptions and exhibits, indexing of centerline ties, boundary surveys, centerline alignment surveys, construction surveys, control surveys, and deformation/subsidence surveys. In 1980, Johnson -Frank & Associates, Inc. designed and implemented a city wide geodetic control network for the City. This network included 227 stations and was completed prior to the advent of GPS equipment. The survey was performed with Wild T-2 Theodolites and Electronic Distance Measuring equipment. We have subsequently tied this network to the California High Precision Geodetic Network (HPGN) and has been readjusted to the North American Datum of 1983 (NAD83) (1991.35 Epoch). In 1988, Johnson -Frank & Associates, began providing subsidence monitoring services for the City at the Turtle Rock housing development. This project consisted of $245,000 of monitoring surveys over 7 years. Federal Geodetic Control Subcommittee (FGCS) First order, Class II leveling procedures and high precision Sinco Tilt Meters were used to monitor the subsidence. Johnson -Frank & Associates, Inc. has provided construction surveying services on public works projects in the City including several bridges and numerous streets. These include Alton, including the Highway 73 overpass, Barranca, including the Interstate 5 overpass, Harvard, Irvine, Irvine Center, Jamboree, Main, including the Interstate 405 overpass, Portola, Sand Canyon, and Technology as well as many others throughout the City. 5150 E. Hunter Ave. 11 Anaheim, CA 92807 (714) 777-8877 alanfrank@Johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency City of Santa Ana Contact: Mindy Ly, City of Santa Ana, (714) 647-5665 / mly@ci.santa-ana.ca.us John Gonzales, City of Santa Ana, (714) 647-5033 / jmgonzales@santa-ana.org Johnson -Frank has held numerous contracts with the City of Santa Ana last 23 years. Services have included laser scanning and topographic surveys of arterial streets, construction staking, monument preservation / Corner Records, boundary surveys and Records of Surveys, review of legal descriptions and exhibits, and general Land Surveying consulting. We have become intimately familiar with the City's procedures and needs with respect to all aspects of the services needed from their Surveying and Mapping Services consultant. Over the last 23 years we have always completed tasks for the City within budget, or under budget, and on time. All deliverables have been compiled using the City's CAD standards and processes. Recent past construction experience with the City of Santa Ana include: Wilshire Avenue & Borchard Avenue Water Main Improvements City Project No. 15-6452 - JFA No. 2010142.017 July 2015 - Provided lay -out surveying for new main line and crossing line construction. Chestnut Avenue Class II Bikeway City Project No. 13-6796 - JFA No. 2010142.019 November 2015 - Provided lay -out surveying for pavement reconstruction and new curb, gutter & sidewalk construction. Wilshire District Construction Support City Project No. 15-6452 & 15-6836 - JFA No. 2010142.025 October 2015 - Provided lay -out surveying for new cross -gutter and curb & gutter construction 5150 E. Hunter Ave. 12 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Services, City of Yorba Linda Reference: Rick Yee, City Engineer Mark Stowell, Former City Engineer (currently with the City of La Mirada) (714) 961-7170 / ryee@yorba-linda.org (562) 902-2385 mstowell@cityoflamirada.org In 2006, Johnson -Frank was awarded a contract for on -call survey consultant services by the City of Yorba Linda. Johnson -Frank has acted as an extension of City staff since then, performing numerous projects from detailed historical property rights research to construction staking services. Weir Canyon Road & Savi Ranch Parkway Intersection Improvements: This project included construction staking and support services for the reconstruction and re -alignment of this major arterial intersection in eastern Yorba Linda. The project also included monument preservation in compliance with California State Law. The project was completed on time and within budget at $61,000. Imperial Highway Excess Relinquishment: This project involved establishing and divesting the City's interest in lands between the sound walls on either side of Imperial Highway, and the adjacent private owners, from Yorba Linda Boulevard southerly to Kellogg Avenue. This project was completed on time and within budget at a total cost of $36,000. Landscape Maintenance Assessment Districts Study: This project involved extensive research into the origination of numerous parcels throughout the City for which the City has historically been providing landscape maintenance. The purpose of the study was to determine which parcels the City had a legal obligation to provide such services, and which parcels may in fact be the adjacent private owners' responsibility. The project was completed on time and within budget at $66,000 5150 E. Hunter Ave. 13 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Surveying Services under Contracts HD-6225, HD-IC-01330, HD IC-01368, and HD-IC-01521 Port of Long Beach, P.O. Box 570, Long Beach, CA 90801-0570 Johnson -Frank has held numerous on -call contracts with the Port of Long Beach over the years, dating back as early as 1990 at which time we were contracted to establish a Port wide geodetic control network. From 1990 to 2013 we have completed numerous projects with the Port ranging from topographic surveys of rail lines to the construction staking of Pier T. Phase I of Pier T: In 2000, Johnson -Frank was selected for a one-year on call surveying contract (HD-6225) for the construction surveying and as built mapping for Phase I of Pier T. The project included surveying for storm drains, sewer lines, waterlines, rough and finish grade, curb and gutter and quantity surveys for material payments. We were required to map all underground utilities as they were completed. We maintained these as -built drawings in AutoCAD 2000. More recently, a contract was awarded in November 2006 (HD-IC-01330), and a second contract was awarded in November 2007 (HD-IC-01368). Under these two contracts, four separate projects / tasks were completed. These included the re -observation and establishment of the Port wide Geodetic Control Network, general T&M personnel and crew services, Laser Scanning Topography, and a Topographic Survey of the Weyerhaeuser Terminal. Port Wide Geodetic Network: This project was completed in March 2007. The project involved the re -observation and re-establishment of the Port's Geodetic GPS Control Network. It included 48 monuments in and around the Port. The project generally followed the NOS NGS- 58 2cm guidelines. Deliverables included digital photos, descriptions, a complete control map, and data sheets for each station. In addition, values were published in NAD83 (2007), NAD83 (1991.35), NAD27, NGVD29 MLLW, and NAVD88. Topographic Survey of Weyerhaeuser Terminal: This project was completed in May 2008. It included topographic surveying of the approximately 19 acre active Weyerhaeuser Terminal. This project was extremely difficult given the active nature of the terminal and the need to work closely with Terminal staff to coordinate activities. In all, the project included 2,411 topo shots from 19 individual total station occupations throughout the terminal, as well as GPS observations from the topo control to the recently re-established Port Wide Geodetic Control Network. Most recently, a contract was awarded in April 2010 (HD-IC-01521). Under this contract, eight separate projects / tasks have been completed and one project / task is due to be completed by September 30th. These projects have all been topographic surveying tasks, the first eight of which have been ground 5150 E. Hunter Ave. 14 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency surveying, and the last, currently underway task, includes ground surveying together with aerial mapping and orthophotography. Ground and Aerial Topographic Survey for Pier E Redevelopment: This project will be completed by September 30, 2011. It includes field topographic surveying of all hard joins plus aerial photogrammetric mapping throughout the northerly current construction area, approximately 48 acres. The project also includes producing digital orthophotography at 0.12 foot pixel resolution for the entirety of the Middle Harbor Program, approximately 308 acres. This project is on an extremely tight time schedule with a Work Authorization of August 301h and a scheduled delivery date of September 301', only 30 days later. The photogrammetric consultant on this project is GeoSpatial Professional Solutions, Inc. (GPSi). Gerald Desmond Bridge Replacement Project: Johnson -Frank is currently involved in the 6-year, $800 million project for the replacement of the Gerald Desmond Bridge. With over 20 years of surveying and mapping experience within the Port of Long Beach, Johnson -Frank was chosen by Parsons -Brinkerhoff to provide surveying, mapping, and construction oversight for the construction management / project management team. One of the prime areas of performance is providing a unified boundary survey that will serve as the basis for all acquisitions, relinquishments, and the ultimate right of way configuration for the project. Once an area that consisted of normal subdivisions created by Tract Maps, the land that comprises the Port of Long Beach is now mostly all owned by the Port. Although the physical evidence of these old subdivisions has long since been destroyed, much of the cadastre throughout the area is still based on the historical subdivisions. Additionally, an assortment of adjudications, condemnations, and the creation of the Compromise Tideland Boundary Line by the California State Lands Commission all combine to create what is certainly a unique title environment. Johnson -Frank occupies a unique position in that they are currently responsible for unifying over 70 years of various conflicting boundary elements and creating a new cadastre for the area. Contact: Mr. Kim Holtz, Chief Surveyor, Port of Long Beach — (562) 283-7271 5150 E. Hunter Ave. 15 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Services, City of Anaheim Contact: Rick Hill, Anaheim City Surveyor - (714) 765-5284 / rwhill@anaheim.net In 2005, Johnson -Frank was awarded a contract for on -call survey/mapping services by the City of Anaheim. The contract gave the City Surveyor immediate access to our pool of resources. This allowed for greater flexibility and accommodation of resources for projects. Johnson -Frank and Associates acted as an extension of the City Surveyor's Office and was always able to respond to staff needs in a timely and professional manner. The following are a few examples of services provided to the City. Subdivision and Parcel Consolidation of Anaheim Stadium Properties: As part of our contract we worked closely with city staff at all levels of management to subdivide and consolidate the properties comprising the Anaheim Stadium complex. This major project involved numerous agencies and municipalities. It required the review of more than 25,000 pages of various legal records to determine their affect, if any, on the project and client goals. Through due diligence, several potential liabilities were able to be addressed before they could cause harm to title of the property. After resolving all title issues, conducting boundary and topographic surveys, encroachment analysis, and writing new legal descriptions, a parcel map was filed and recorded. This project was completed in 2008 at a cost of just over $160,000. City -Wide Sanitary Sewer Improvement Program: This project comprised several miles of new pipelines together with short segments to repair the aging infrastructure. Our ability to deploy substantial resources quickly meant that several construction sites were served simultaneously. Services provided included design topographic surveying, construction surveying, and monument preservation. With several thousands of feet of new sanitary sewer lines being laid simultaneously, quality assurance and quality control procedures were an integral part of daily activities. This project was completed in August 2009 at a total cost of $45,000. Santa Ana Canyon Road Rehabilitation and Realignment: Santa Ana Canyon Road serves as a major transportation artery for North Orange County. With more than 20,000 commuters each day relying on this corridor for access to regional services, surveying activities were F I carefully managed to provide the greatest free flow of traffic while expediting the delivery of meaningful data to city design staff. The project took us through nearly 100 years of legal records and engineering notes in order to re-establish the historic dual alignments. ,r�{ Dozens of monuments and ties were found, reset, and re-established in an effort to perpetuate survey evidence and comply with state laws. Our noninvasive approach was appreciated by commuters and City staff alike. This project was completed in February 2010, at a total cost of $36,000. With each call for service, Johnson -Frank implemented QA/QC measures to supply accurate and precise data in various digital and print formats as needed by City staff. 5150 E. Hunter Ave. 16 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 �` Johnson -Frank & Associates, Inc. ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Map Checking / Map Review Expertise and References PARCEL MAP NO- 2013-720 � c � PARCEL MAP NO_2U73129 5150 E. Hunter Ave. (714) 777-8877 One of Johnson-Frank's core competencies is subdivision map review and map checking. The firm began in 1975 for the sole purpose of providing timely map checking services to the City of Irvine. Over the years our services to the City, as well as to other clients, have grown. To this day, Johnson -Frank focuses an entire department on Map Checking, which still generates nearly 20% of our annual gross revenues. Timely and Accurate Review Upon Which Numerous Cities and Counties Rely Johnson -Frank currently serves the map checking needs of five cities and one county. These Cities and Counties are listed below with reference contact information: • County of Orange /Kevin Hills (714) 967-0824 • City of Irvine /Mark Carroll (949) 724-6410 • City of Mission Viejo /Rich Schlesinger (949) 470-3079 • City of Laguna Niguel /Nick Renn (949) 362-4325 • City of San Marino / Carlos Alvarado (626) 960-1889 • City of Covina /Leo Tolentino (626) 384-5487 Relying on Johnson -Frank for map review is a sure thing. We have the full time, dedicated and trained staff to fulfill any local agency's needs and have been doing so for the City of Irvine for the past 39 years. 17 Anaheim, CA 92807 alanfrank@johnson-frank.com FAX: (714) 777-1641 f Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency On -Call Map Checking Services, City of Irvine References: Andrew Pham, Project Manager (949) 724-7309 apham@ci.irvine.ca.us Rudy Romo, Project Manager (949) 724-7303 / rromo@ci.irvine.ca.us Johnson -Frank has worked with the City of Irvine for the last 42 years. During this time we have checked over 1,350 Tract and Parcel Maps for technical correctness. We have also worked very closely with the City on the development of both the former 1983, and the new 2009 Irvine Subdivision Ordinance and Manual. During the subdivision review process, we also play an important role to ensure the final map is in substantial conformance with the Tentative Map and the Conditions of Approval. One of the important Standard Conditions is to identify any controlling monuments that may be destroyed during construction. Monuments that appear to be in danger are highlighted and pointed out to the map preparer. We assure that measured ties from those endangered monuments to substantial monumentation are shown either on the map itself or on a Corner Record filed with the County. - TRACT NO. 17179 •s as4'i O.e FT To achieve and maintain consistently high levels of .. performance, we developed and employ various check lists that incorporate the Professional Land Surveyor's Act, the Subdivision Map Act, and the Irvine Subdivision Manual. These checklists cover the wide variety of map checking services we perform, including Final Maps (Tract Maps), Parcel Maps, Legal Descriptions and Exhibits, as well as Lot Line Adjustment Applications and their corresponding Quitclaim Deeds. We also provide monumentation verification services to the City prior to monument bond exoneration. Map Checking staff and/or field survey crews field verify that the required monuments have been set. If our field findings indicate that monuments have not all been set, or if a Certificate of Correction is needed, we notify the map preparer and the City of those items. Any necessary Certificates of Correction are also reviewed by our Map Checking staff prior to final approval by the City and transmittal to the County for recordation. 5150 E. Hunter Ave. 18 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Survey Equipment and Software Our equipment inventory is such that we can fully equip three (3) to four (4) survey crews at all times. The equipment owned and utilized by Johnson -Frank & Associates, Inc. is the latest "state of the art" equipment. The combination of having highly qualified personnel using the best equipment available results in our being able to provide our clients with efficient, economical, and quality services. Some of the major items of our equipment include: Field Systems • Motorola Handie Talkie Radios (10+ mile range) (for all field and supervisory personnel) • All field chiefs, project managers, and support personnel equipped with cellular phones • All our survey vehicles are 4-wheel drive • All field crews equipped with laptop computers G.P.S. Twenty three (23) Trimble Dual Frequency P Code Global Positioning Satellite Receivers with RTK (Real Time Kinematic), OTF (On The Fly) Data Collection, and Airborne GPS capability. (4 full RTK systems, all of which are Real Time Network (RTN) Capable) Delorme laptop based vehicular navigation systems Total Stations & Theodolites • Geodimeter & Trimble Servo Driven, Robotic, and Reflectorless Total Stations • Wild T-3 Theodolites of 0.2 second accuracy (High order astronomic azimuth determination) Terrestrial 3D Laser Scanning • Riegl LMS Z420i 3D Laser Scanning System • Riegl RiSan Pro Scanning and Processing Software • Polyworks Scan Cloud Processing Software • Leica Cyclone and C1oudWorx Software Levels .1 . vlerr=v wireless 0 �;, Trimble to RIEGL • Leica DNA03 First Order Digital Bar Code Reading Level w/ Matched Calibrated Invar Rods • Leica NA3003 First Order Digital Bar Code Reading level w/ Matched Invar Rods • JENA N1002 First Order Precise Levels w/ Matched Invar Rods • Zeiss Ni 1 First Order Precise Level w/ Matched Invar Rods • Zeiss Self -Leveling Levels Office Systems • Desktop and Laptop Computer Systems, Windows 2000 server and peer to peer networking, 24/7 DSL internet connection with unlimited email file size capability • fT AutoCAD Civil 3D Star*Net Trimble Business Center KwikStar, ���f ��� • TDS, Bentley Microstation, InRoads, ESRI ArcGIS • Hewlett-Packard Design Jet Color E Size Drafting Plotters + Xerox large format (42" wide) Color Scanner / Copier 5150 E. Hunter Ave. 19 (714) 777-8877 alanfrank@johnson-frank.com Arc - AutoCAD [s"I G I S Civil 3D Anaheim, CA 92807 FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency 5150 E. Hunter Ave. 20 (714) 777-8877 alanfrank@johnson-frank.com Anaheim, CA 92807 FAX: (714) 777-1641 00 Johnson -Frank & Associates. Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit A - Certification and Pricing See separate sealed envelope. 5150 E. Hunter Ave. 26 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. F ' On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit B — References Orange County Surveyor's Office (OCS) Kevin Hills, Orange County Surveyor ............... John Canas (former Orange County Surveyor).. Ray Mathe (former Orange County Surveyor) ., Local Cities Mindy Ly, Engineer, City of Santa Ana ......... John Gonzales, Surveyor, City of Santa Ana.. Andrew Pham, City of Irvine .......................... Rick Hill, Anaheim City Surveyor .................. Rich Schlesinger, City of Mission Viejo ........ Jeff Sortman, City Surveyor, Long Beach ...... ................(714) 967-0824 / kevin.hills@ocpw.ocgov.com .........................................................jcanas@socal.rr.com ....................................................... pls6185@hotmail. com .............................. (714) 647-5665 / mly@ci.santa-ana.ca.us .........................(714) 647-5033 /jmgonzales@santa-ana.org ................................(949) 724-7309 / apham@ci.irvine.ca.us ...................................(714) 765-5284 / rwhill@anaheim.net ......... (949) 470-3079 / rschlesinger@cityofmissionviejo.org ................(562) 570-3093 / Jeffery.Sortman@longbeach.gov Port of Long Beach Kim Holtz......................................................................................... (562) 283-7271 / kim.holtz@polb.com Jon Hornecker........................................................................... (562) 283-7255 / Jon.Hornecker@polb.com Ken Blake (Gerald Desmond Bridge Project)........................(707) 934-7893 / ken.blake@gdbrproject.com Metropolitan Water District of Southern California Julio Castillo.................................................................................(909) 392-2590 /jcastillo@mwdh2o.com Mike McClue..............................................................................(909) 392-2498 / mmcclue@mwdh2o.com US Army Corps of Engineers Alan Nichols, LA District.......... Vulcan Materials Co. Larry Lao .............................. 5150 E. Hunter Ave. (714) 777-8877 ................................ (626) 401-4010 / alan.a.nichols@usace.army.mil ....................................................(323) 855-4553 / laol@vmcmail.com 27 Anaheim, CA 92807 alanfrank@johnson-frank.com FAX: (714) 777-1641 f % Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit C - Proposers Statement The only exceptions we have to the proposed contract are relative to named additional insureds requested in the insurance endorsements. We have attached sample insurance certificates, which are already in place with, and previously accepted by, the City of Santa Ana. Our endorsement reads "City of Santa Ana, its officers and employees". The proposed contract requests this to read "City of Santa Ana, its officers, employees, agents, volunteers, and representatives". However, agents, volunteers, and representatives could literally be anyone, and are too broad to qualify as persons or organizations to whom Additional Insured status would extend. 5150 E. Hunter Ave. 28 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 00 Johnson -Frank & Associates. Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit D — Non -Collusion Affidavit 5150 E. Hunter Ave. 29 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by 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, organization, bid depository, or to any member or agent thereof to effectuate a col l usive 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 -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 0 (fCUk'-b Subscribed and .-sworn —to- (or affirmed) before me on this V3 day of 201J by pd/A,�A_ b. Fom L, proved to me on the basis of satisfactory evidence to be the perso>K who appeared before me. c t otary Public Aignature D'SHONE SMINEY Notary Public - California Orange County Commission M 2201543 My Comm. Expires Jul 11, 2o21 Notary Public Seal City of Santa Ana RFP Page A3-1 F �RW Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit E — Non -Lobbying Certification Appendix ATTACHM ENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies. by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract- the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment. or modification of any federal contract, giant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and Submit a -Disclosure of Lobbying Activities" - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 mid not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100.000 and that all such sub recipients shall certify and disclose accordingly. Firm Johnson -Frank & Assoc., Inc.. Signed and Printed Name: 15 L Alan D. Frank Title President Date October 22, 2019 City of Santa Ana RFP Page A3-2 5150 E. Hunter Ave. 31 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit F — Non-discrimination Certification Appendix ATTACHMENT 3-3. NON-DISCRIMINATION CERTII''ICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion. sex. or national origin. Such action shall include, but not be limited to, the following: employment. upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant*s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965. and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24. 1965. and by rules, regulations. and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations. and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled. terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by rule, regulations. or order of the Secretary of Labor. or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 5150 E. Hunter Ave. 32 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson -Frank & Associates, Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735. as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps. mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: /_�?-� Alan D. Frank Title: President Firm: Johnson -Frank & Assoc- Inc. Date: October 22, 2019 City of Santa Ana RFP Page A3-4 5150 E. Hunter Ave. 33 (714) 777-8877 alanfrank@johnson-frank.com E Anaheim, CA 92807 FAX: (714) 777-1641 00 Johnson -Frank & Associates. Inc. On -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency Exhibit G - Sample Insurance Endorsement 5150 E. Hunter Ave. 34 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 F ' Johnson -Frank & Associates, Inc. WOn -Call Construction Surveying Services RFP No. 19-090 Santa Ana Public Works Agency At---- n` CERTIFICATE OF LIABILITY INSURANCE DATE,Y 111nnOOrfY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Services CONTIOA Betty Tran NAME Betty 130 Vantis. Suite 250 A1i50 Viejo, CA 92fi5fi PHONE FAx J wa _ 1 949-297.5962 lA c Nil 94&297-5980, - ADDRESS: betty tran@ioausa.cOm INSURERISIAFFOROING COVEPAGE NAILS WWW.*OUSa.ODm CALIoerwODE67768 INaURERA: RLIinsurance Company 13056 tNSUI= Johnson -Frank & Associates, Inc. IN SURER B : 5150 E- Hunter Avenue INeuReRe: Anaheim CA 92807 INauReRD: INBYRERE: INSURER F: Cr1VFRAGFS CFRTIFICATF NI1AII1 • AA9 RnR Rp"ffle W NIIYRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - INaR LTR TYPE OF INSURANCE POLICY NUMBER B POLICY Eli P Y EIIP IJIMTe A J COMMERCIAL GENERAL LIAMUTY +/ PSB0001301 12012018 12/112019 EACHOCCURRENCE $1000000 CI AIMS NtAOr J OCCUR Scheduled Al Endt DAMAGE TO RENTED n.raiwaJ $1,000,000 ✓ PrimMonCon _ MPPB MFV LXF'IAAy One MWIi $10000 Processsionalional 2 Services J Wvr of Subr performed by the Insured PERSONAL a ADV INJURY 31 000 000 GEN'L AGGREGATE LIMIT APPLIE5 PER are Excluded GENERAL AGGREGATE_ 32.000,000 POI ICY J jF o- J l nC PROOUCTS - CnMPIOP ADG 32.000 ODO 01HER 3 A AUTOMOBLELLAUMM ✓ PSA0001078 12)112018 1211/2019 ,EaaGC]ant+ 31.000000 ✓ ANYAUTO Designated Insured Endl 1II Y INJAY;P. P�I S OVALD SCHEDULED #CA20481011 PdmlNonCon e0O1LY EI.rt1RY LPN /Ct1011q 3 _ AUTUS ONLY J AUTOS HIRED NONO NED and Blkt Wvr of Subr PROPERTY DAMAGE e J AUTOS ONLY J AUTOS ONLY included on pg 2 of Form ,Per —0"a PrimMonCon Mr of Subir #PPA3000313 3 A UMBRELLAlLA33 / OCCUR PSE0001230 12dIM18 12/1/2019 EACNOCCURRENCE $4.000000 V EXCESS LIAR CLAIMS -MADE Excludes Professional AGGREGATE s4 000 OW LiabiltyTIONS i DES RETEN $ A WORKERS COMPENSATION ✓ PSWDOC2298 12+112018 12/112019 J FIER STATUTE ERA I ANO EMPLOYERS' UABILRY YIN Waiver of Subrogation - ' AtrrPRCGRiLtCrIFANINEWE%ECUnVE OFF ICEWN EMBER ENCL UCED'/ EL EACH ACCIDENT 31.000ODO Nr• Endt#WG0403060484 - 1MandateryinNN) E-L.DISEASE, EA EMPLOYEE S1,000.OD0 I �ress dt•s:�I u k DLSCRIPTION OF OPERATIONS Eei Y E L DISEASE -POLICY LIMIT T 1.000 000 A Professional Liability RDP00344A8 12+112018 112l1,2019 $2,000.00D Each Claim Claims -Made S2.000.000 Aggregate DESCRIPTION Of OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, may Ee nteched It more space Is reuuired) Certificate Holder is an Additional Insured with respect to General Liability (GL) and Automobile Liability but only when required by written contract with the Insured prior to an occurrence as per Endorsements noted above. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOMmers' Coverage form. A Workers Compensation Waiver of Subrogation as noted above is included for the person or organization named in the Schedule that are parties ID a contract requii this Endorsement, provided that contract is executed before the loss Coverage subject to all policy terms conditions, limitations and exclusions 30 Day Notice of Cancelel0 Days for Non -Payment in accordance with policy provisions r:FRTIFM'ATF 111n1 nii r-ARIr:FI I ATM1M REP 17-009 and Agreement AA-2011-0984A-2017-159 CITY of Santa Ana, its officers and employees Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT10E WILL BE DELIVERED IN PO Box 1988 M-36 Santa Ana CA 92702 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .tr�!lyrJ r� iAVCV AIIc+a K 1 ram tE1988-ZU75 AGVRU GV RPVRA fION. All rights reserved. ACORD 25 (201W03) The ACORD name and logo are registerad marks of ACORD 45:.a.I I- I _ ; I Ii .: T, t.; .FRr —.-yr•PLI -r...-, r.r, 1 1,;4 ;:.lid 1 _ I L I 5150 E. Hunter Ave. 35 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 EXHIBIT C F Johnson -Frank & Associates, Inc. V� On -Call Land Surveying Services The City of Santa Ana Alternative Schedule of Hourly Rates for Services by our Company for the City of Santa Ana Contract Duration, approximately December 2023 to November 2028 Principal Licensed Surveyor / Survey Manager Licensed Surveyor / Survey Manager Senior Technician Technician/CAD/GIS Operator One Person Survey Party w/equipment Two Person Survey Party w/equipment Three Person Survey Party w/equipment Clerical/Delivery Sub -consultants (GPSi Photogrammetry and LiDAR) and Reimbursable Items GPS Equipment (1 unit per person included in above crew rates) $341.07 $206.26 $163.65 $109.21 $217.94 $406.95 $593.95 $150.56 Cost $ 1 00/unit/day Authorized overtime shall be charged at 1.5 times the regular rate except for Sundays and/or holidays. Rates for Sunday and for holidays shall be 2.0 times the regular rates. Daily overtime billing for field survey work during Monday through Friday does not commence until 8 hours of on -site work has been completed. Rates may only be changed by mutual consent. 5150 E. Hunter Ave. Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 EXHIBIT 5 AGREEMENT WITH STANTEC CONSULTING SERVICES, INC., TO PROVIDE ON -CALL PROFESSIONAL LAND SURVEYING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Stantec Consulting Services, Inc., a New York corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 2, 2019, the City issued a Request for Proposal ("RFP") No. 19-090, by which it desired to retain a consultant having special skill and knowledge in the field of Professional Land Surveying services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in RFP No. 19-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 19-090, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services," which was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference as Exhibit A and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three (3) consultants selected to provide services on an on -call basis under RFP 19-090. The total compensation for these services provided by all such consultants selected under RFP 19-090 shall not exceed the shared aggregate amount of One Million, Five Hundred Thousand Dollars and Zero Cents ($1,500,000) during the term of the Agreement, including any extension periods. Page 1 of 10 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 1, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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 Page 2 of 10 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit 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. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (5) Broader Coverage: 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. b. Other Insurance Provisions (1) 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 connectionwith such work or operations. General liability coverage can Page 3 of 10 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 if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (2) Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant 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. (6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies: If any of the required policies provide claims -made coverage: i. The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the contract effective date, Page 4 of 10 the Consultant must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. (8) 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy 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. (9) 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. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 10 9. 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. 10. 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. 11. 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. 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or Page 6 of 10 military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving Page 7 of 10 the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 8 of 10 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Stantec Consulting Services, Inc. Attn: Greg Seboum, Principal -in -Charge 38 Technology Drive Irvine, CA 92618 (949) 923-6953 A party may change its address by giving notice in writing to the other parry. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Brandon alvatierra Deputy City Attorney CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Principal -in -Charge [signatures continued on next page) �PLS 8395ZI* Page 9 of 10 RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Page 10 of 10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROFESSIONAL LAND SURVEYING SERVICES RFP NO.: 19-090 Introduction and Background: The City of Santa Ana intends to retain Professional Land Surveyors, licensed in the State of California, to perform land surveying services on an as -needed or "on -call" basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. Specific services shall be on -call and shall include all duties typically expected of a Professional Land Surveyor or surveying firm. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide Professional Land Surveying services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general Land Professional Surveying services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. A California -licensed land surveyor shall be in responsible charge of all survey work performed under this agreement. City of Santa Ana RFP 19-090 Page Al-1 The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: A. Prepare legal descriptions, plats and maps for subdividing property B. Research existing County and City records for survey monuments within the project area. Prior to any clearing, removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 8771. Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City. C. Perform boundary line adjustments D. Perform monument perpetuation/preservation in areas that will be impacted by City projects o Includes site investigation for existing monumentation, with a report provided to the City with recommendations. o May include pre- and post -construction records E. Replace lost or obliterated property corners F. Set boundary markers or property corners, also known as monuments G. Retrace boundaries for fences and other purposes H. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries I. Prepare legal descriptions and information shown with the description of any deed or other title document J. Prepare Record of Surveys May Checking Services A. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. B. Prepare maps or plats C. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. D. Review title report and existing easements for correct plotting and references. E. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. F. Provide a set of redline check prints showing the redlined comments, and required City of Santa Ana RFP 19-090 Page Al-2 corrections and information. G. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. H. Provide a timesheet at the end of every review to include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. I. Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps Construction Services A. Stake the location of fixed engineering works for construction purposes. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project. B. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements at join points. C. Complete the construction staking within the time frame as specified on the Survey Request Form, or (given minimum notice) commence the staking no longer than two working days from receipt of the request, providing continuous service until the request is complete. D. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will be allowed therefor. Miscellaneous Services A. Investigate boundary discrepancies B. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the fixed works embraced within the practice of civil engineering C. Determine contours of the earth's surface for topographic maps D. Photogrammetric surveying or aerial topographic mapping or aerial photography E. Provide Professional Land Surveying services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross -sections, intersection grids, centerline determination, digital terrain models (dtm), right of way determination, utility profiles and exhibits. F. Generate a computer drawing in Microstation V8 format as well as the sample survey City of Santa Ana RFP 19-090 Page Al-3 drawing on the City of Santa Ana website listed in item K below. G. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the following standards: H. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. I. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. J. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. K. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. L. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. M. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. N. All City CADD standards as well as Microstation configuration files are located at: hqp://www.Santa-ana.org//pwa/En ing eeringServices.asp Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of City of Santa Ana RFP 19-090 Page Al-4 contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. Special Requirements (Attachment 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot. ca. gov/-/media/dot-media/pro grams/local-assistance/documents/lapm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot.ca. _ og_v/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 19-090 Page Al-5 EXHIBIT B ® Stantec RFP No. 19-090 Professional Land Surveying Services City of Santa Ana Public Works Agency October 24, 2019 T s—s-xVV ® Stantec Stantec Consulting Services Inc. 38 Technology Drive • Irvine, CA 92618-5312 October 24, 2019 Dear Mr. Thomas, City of Santa Ana Surveying is the foundation that communities are built on. Upholding a community Attn.: Sean Thomas, PE of over 330,000 people is a challenging task for the City of Santa Ana Public Works Public Works Agency; M-36 Agency. We understand the importance of selecting a qualified partner to provide 20 Civic Center Plaza surveying services. Stantec Consulting Services Inc. (Stantec) is that partner. As your 3rd Floor Reception, Ross Annex surveying partner, we will listen closely to your needs, seek to understand deeper Santa Ana, CA 92701 project purposes, and identify critical path solutions. There's no boundary to our availability. With branch offices throughout southern Pro RFP Professional 19-090, veyOn-Call California, you will benefit from a team that has successfully completed surveying Professional Land Surveying services for more than 60 years. We know that on -call contracts ebb and flow. We have Services in the City of Santa Ana the resources and adaptability to respond to challenges and meet any project's needs. Principal-in-charge/project manager and primary contact Greg Sebourn, PLS, will oversee assembling the required staff, developing a work plan, and executing tasks in a timely manner. Design with community in mind The right firm/team experience. Because we have a strong history of successfully managing and delivering on -call task orders, there is no learning curve to managing tasks, scheduling, budgets, and —most importantly —providing you with the right staff at the right time. Our Survey/Geomatics Department is staffed with exceptional level qualified professionals who have substantial experience in providing design and construction surveying services for various municipal facilities, transportation, water resources, land development, waste management agencies, and construction projects throughout southern California. We have the current technology and training on hand to provide you the most accurate, safe, and economical services. Specialized subconsultants and commitment to meeting your anticipated participation levels for small and minority businesses. We have a long history of working with small, local firms and are committed to engaging our teaming partners: Geospatial Professional Solutions Inc. (GPSi) and Cabrinha, Hearn &Associates (CHA). They have seamlessly collaborated with us on numerous efforts over the years. Focused on our people. Focused on safety. The way we treat our people, clients, and neighbors reflects who we are, what we believe in, and how we do our work. Integrating practical Health, Safety, and Environment programs into our work helps protect our people from injuries, property loss, and environmental damage. Your projects are our priority. Your projects and their successful delivery are our priority. This means that each assignment receives the detailed attention and best qualified team members for the specific services required. Greg Sebourn is your point of contact and is authorized to make legally binding commitments for Stantec Consulting Services Inc. Stantec concurs with the provisions contained in the sample agreement provided as Attachment 3 to the RFP. Required certificates are provided in Appendix B of this proposal. Regards I Greg Sebourrs, r S Principal-in-Charge/Project Manager 38 Technology Drive Irvine CA 92618-5312 Phone: (949) 923-6953 greg.sebourn@stantec.com Tony Cuo , PLS Mapping Manager 38 Technology Drive Irvine CA US 92618-5312 Phone: (949) 923-6112 tony.cuomo@stantec.com 16 2.. , , w + f Hrm and Team Experience About Stantec Communities are fundamental. Whether around the corner or across the globe, they provide a foundation, a sense of place and of belonging. That's why at Stantec, we always design with community in mind. We care about the communities we serve —because they're our communities too. We're designers, engineers, scientists, and project managers, innovating together at the intersection of community, creativity, and client relationships. Balancing these priorities results in projects that advance the quality of life in communities across the globe. Our Organizational Stability Stantec Consulting Services Inc. is a public company that was incorporated in New York in 1929 (FEIN 11-2167170). It is also a publicly traded entity listed on the New York Stock Exchange (Symbol: STN) and the Toronto Stock Exchange (Symbol: STN). We are required to be financially stable in order to maintain these listings and we are required to adhere to the Internal Control —Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission "(2013 framework)" (the COSO criteria). We are subject to ongoing independent audits that prove our financial stability and credit worthiness. We will submit audited financial statements as requested by the City of Santa Ana (City.) 2 of 10 Stantec Our Strength The Stantec community currently unites approximately 22,000 employees working worldwide with more than 1,400 employees in California. Surveying services for the City will be manged from our offices in Irvine, California. Stantec currently holds a City of Santa Ana business license (#173660). Our Staff We have assembled a team of highly qualified professionals to achieve your project goals. Greg Sebourn, Principal-in- Charge/Project Manager, will be the City's point of contact, and Ray Mansur, QA-QC/Resource Manager, will be the backup lead in the unlikely event that Greg is unavailable. The Key Staff Expertise matrix shown on page 4 highlights each person's ability to accomplish the tasks in your Scope of Work. We have also considered each team member's time commitments and availability to perform their assigned tasks. Key staff resumes are provided in Appendix A and are sorted alphabetically by surname. We are Qualified and Committed to Your Task Order Because of our experience with working with the City of Santa Ana, we are well aware of your scheduling needs. In addition to key staff, we have ample support staff with similar and supplementary expertise to meet peak workload requirements. (Please refer to our organizational chart on page 5.) Efficient coordination within our proposed team is facilitated by long-standing professional relationships within the team, and between the team and many key members of the city staff. Our Subconsultants We selected two subconsultants based on their experience with the tasks in the scope of work and their availability to commit to this contract. Stantec will serve as the administrative liaison between the City and our subconsultants. CA A & NH HEARN �. ASSOCIATES 40 surveying & mapping Cabrinha, Hearn & Associates (CHA), a professional surveying and mapping corporation, was founded in 1976. CHA has extensive experience in providing services on large-scale projects within Southern California, such as the Crenshaw/LAX Extension, Purple Line Extension Section 1, several Caltrans on -call surveying contracts (as prime and subconsultant), California State University system (various campus sites), City of Pasadena on -call surveys, City of Santa Monica on -call surveys, Gold Line Eastside Extension Tunneling Project, and Pasadena Light Rail Project. Our well-equipped and experienced personnel consistently deliver high -quality work on schedule and within budget, leading to their clients' full satisfaction. CHA will perform their work with in-house staff. Should the need arise for additional personnel, IUOE Local 12 provides additional labor resources. CHA is a DBE/SBE/CBE/LBE/LSBE/SB Micro certified firm, and is registered with the California Department of Industrial Relations (1000021302). GP GPSi continues a long tradition of providing high quality photogrammetric mapping and aerial imaging and LiDAR products and services. They provide service to public agencies and companies engaged in the design, construction, and management of public works, infrastructure systems, and the management of natural resources. GPSi has the manpower and equipment to accommodate time -critical and technically demanding projects, and they support the missions of their clientele with a broad range of geospatial technologies. GPSi features next -generation geospatial solutions that encompass aerial image acquisition, photogrammetry, LiDAR, and Geographic Information Systems. They recognize that your task orders require mapping data rapidly, cost-effectively, and to required data standards. The leadership team has a 27-year legacy of success in meeting and exceeding their clients' mission -critical needs that have rigorous standards and specifications. This is reflected in a high client retention rate and a legion of satisfied customers. GPSi is a DBE/SBE/VSBE/WMBE/SB Micro certified firm and is registered with the Department of Industrial Relations (1000030845.) City of Santa Ana Public Works Agency // RFP No. 19-090 On -Call Professional Land Surveying Services 3 of 10 Key Staff Expertise Matrix Team Member Stantec N N as a O o HN = N m a CL L IM _ V) 0 y+ Q i 7 (C fn '2 U) N = = 3 L = a N ° a M °' U) 0 _ ° ° Q. p D E i � � _ �C � = w N O L N �+ V � a1 O is Q L _ •L = 0) _ U w M U Q H Q m U 2 U J 2 E Greg Sebourn, PLS Principal -in -Charge and Project Manager 100% Ray Mansur, PLS QA-QC/ Resource Manager and Backup Lead 20% Tessie Barriga, PE, QSP/QSD Project Engineer, Construction Services Manager 100% Tony Cuomo, PLS Mapping Manager 100% Tim Eich, BS 3D Modeling 100% Minh Le, PLS Project Surveyor 100% Joseph Nelson, PLS Project Surveyor 100% Jason Shockley, PLS Project Surveyor and Field Manager 50% Jim Steines, PLS Project Surveyor 80% Justin Thomas, PLS Project Surveyor 100% Todd Wilson, GISP Geographic Information Systems 100% Cabrinha, Hearn & Associates Camden Cabrinha, PLS Survey Project Manager 50% Jamie Bertchume, PLS Party Chief 50% Gll Ramon Ramos, PLS, CP Chief Photogrammetrist 100% Alice Ramos, CP, GISP Aerial Production Manager and QA/QC Oversight 100% Paul Hamilton -Rivers Aerial Project Manager 100% 4 of 10 Stantec Staffing and Resources Management Organizational Chart Our team structure provides effective direction, hands-on control, and comprehensive coordination. Team members were chosen based on their familiarity and experience working with you and local agencies, and their availability (indicated as percentages in the chart below and listed on page 3) to commit to this contract. QA-QC/Resource Manager and Backup Lead Ray Mansur, PLS - 20% We have ample equipment and technical support staff (shown in the box below) with similar and supplementary expertise to meet peak workload requirements and execute task order assignments within the your desired timelines. Santa Ana Public Works Agency Principal -in -Charge and Project Manager Greg Sebourn, PLS - 100% KEY STAFF Mapping Manager Tony Cuomo, PLS - 100% Project Engineer, Construction Services Manager Tessie Barriga, PE, QSP/QSD - 100% Project Surveyor and Field Manager Jason Shockley, PLS - 50% Project Surveyors Minh Le, PLS - 100% Joseph Nelson, PLS - 100% Jim Steines, PLS 80% Justin Thomas, PLS - 100% 3D Modeling Tim Eich, BS - 100% Geographic Information Systems Todd Wilson, GISP - 100% Certified Party Chief John Dominguez, LSIT Jesse Jobe, LSIT Greg McKinstry, LSIT SUBCONSULTANTS Cabrinha, Hearn & Associates (CHA) Survey Project Manager Camden Cabrinha, PLS - 50% Party Chief Jamie Bertchume, PLS - 50% GPSi Chief Photogrammetrist Ramon Ramos, PLS, CP - 100% Aerial Production Manager and QA/QC Oversight Alice Ramos, CP, GISP - 100% FIELD AND OFFICE SURVEYORS Party Chief David Costich Paul Klein Rene Rodriquez (CHA) Jeffrey Stauffer Edward Uribe (CHA) Adam Weber Aerial Project Manager Paul Hamilton -Rivers - 100% Chainman Alberto Armas Alex George Michael Naylor (CHA) Apprentice Maxwell Krupp Survey Technician Keith Younglove CAD Operator Bernard Xu (CHA) City of Santa Ana Public Works Agency // RFP No. 19-090 On -Call Professional Land Surveying Services 5 of 10 Understanding of the Oty's Need The City needs local, experienced State of California licensed professional land surveyors to perform specific land surveying services on an as -needed or "on -call' basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. We understand that work consists of general land professional surveying services for public works projects and or projects related to City facilities. Since funding sources for each project may vary, we will assist the City through this contract to provide the necessary services. Our team approach to your task order will be patterned after the successful approach we have refined on our prior survey contracts with other public agencies. As stated earlier, Greg Sebourn, Princpal-in-Charge/Project Manager, will be the designated single point of contact for all primary communication. Greg will strive to maintain open and constant communication with City personnel to help ensure timely completion of all tasks. Services may include the following: • Preparing legal descriptions, plats and maps for subdividing property • Researching existing County and City records for survey monuments within the project area • Searching for property line monuments, street centerline monuments, and benchmarks • Performing boundary line adjustments • Preserving/perpetuating monuments in areas impacted by City projects • Replacing lost or obliterated property corners • Setting boundary markers or property corners • Retracing boundaries for fences and other purposes • Locating, relocating, establishing, reestablishing, or retracing property lines or boundaries of land parcels, rights -of -way, easements, or alignments of those lines or boundaries • Preparing legal descriptions and information shown with the description of any deed or other title document • Preparing Records of Survey • Map checking services • Construction services • Miscellaneous services, including photogrammetric surveying, aerial topographic mapping, and aerial photography Deliverables will vary from task to task, but a partial list would include, but not be limited to: • Legal descriptions with accompanying plats • Draft and final records of survey • Draft and final corner records • Map checking review, final approval letters, and redline map comments • Topographic products including CAD Planimetry and surface files • Photogrammetric mapping products, including CAD planimetry and surface files and digital color orthophotography files • Relevant construction support including staking, cut sheets, as -built maps, monuments and control points, aerial photographs (digital orthophotography, etc.), and blue top surveying Interrelationship with City Personnel Having provided on -call services for the city on previous contracts, we have solid working relationships with many City Key Staff, including Sean Thomas, Monica Suter, John Gonzales, Mindy Ly, Gilbert Castillo, Robert Aguirre, Elias Ehab, and David Ramirez. Our team of on -call survey consultants will work with City personnel and the other stakeholders to share information and resources to help ensure project consistency is maintained and that project milestones under this task order are met in a timely manner. Insurance (and other) Requirements Our team is qualified to perform all tasks identified for your task orders. We will comply with all stated requirements, conform to insurance requirements, adhere to safety and accident prevention, and maintain the fee schedule. References We are providing references for more than three public agencies in the Relevant Project Experience table on the next page. We have also provided a few references for our subconsultants at the end of the table 6 of 10 Stantec Rdevant Project Experience Project Name and Location Client Project Status Services Provided Description of Project (Challenges and Solutions) Reference Task Order Team Members Stantec Consulting Services Inc. Cabrillo Park Drive City of Santa Ana Completed 2018 Centerline alignment and right-of-way Challenge: legal descriptions were to encompass approximately Monica Suter, PE, TE, PTOE Tony Cuomo base mapping; legal descriptions 70 oddly configured sidewalk pop -outs behind tree wells City Of Santa Ana - Public Works Solution: worked with city project manager to develop an Design Engineering efficient geometry that significantly lowered the legal description (714) 647-5645 costs Msuter@Santa-Ana.org NutwoodNale Area Infrastructure City of Fullerton Completed (pending Centerline alignment and right-of-way No significant challenges were encountered David Grantham, PE Greg Sebourn, Tony Cuomo, Jeff Improvements Public Works county approval of base mapping; right-of-way to right -of- City of Fullerton Stauffer, John Dominguez, Joe Nelson, 32 pre -construction way design -grade site topography Public Works - Engineering Tim Eich, Sue Harris corner records) (approx. 8,500'); utility potholing; (714) 738-6853 pre -construction corner records dgrantham@cityoffullerton.com Brookhurst Road and Orangethorpe City of Fullerton Ongoing Centerline alignment and right-of-way No significant challenges were encountered David Grantham, PE Greg Sebourn, Tony Cuomo, John Avenue Pavement Rehabilitation Public Works Base mapping; aerial topographic City of Fullerton Dominguez, Joe Nelson, Tim Eich, Sue Projects mapping (approx. 7,700'); pre- Public Works - Engineering Harris, GPSi (subconsultant) construction comer records (714) 738-6853 dgrantham@cityoffullerton.com Leticia Drive and La Plata Storm Drain Los Angeles Ongoing Geodetic control; centerline alignment Challenge: LADPW requires that all topographic surveying be Mark Wittig, PLS Greg Sebourn, Tony Cuomo, Jeff Projects (Hacienda Heights) County and right-of-way base mapping; right -of- processed through Carlson Survey software Survey Supervisor I, FC Stauffer, John Dominguez, Jamie Department of way to right-of-way design -grade site Solution: Stantec purchased necessary software, trained with Los Angeles County DPW Bertchume (CHA), Joseph Nelson, Tim Public Works topography (approx. 43,000'); record of county personnel, and became proficient with the new software (626) 458-5144 Eich survey; pre -construction corner records mwittig@dpw.lacounty.gov Monument Preservation (CC-1567 City of Huntington Ongoing Design and construction related Challenge: project includes 250 monuments located in the Joe Derleth Joseph Nelson, Tessie Barriga, Jason Zone 1 Residential Overlay) Project Beach, Public services, conducted field survey to center of residential streets and are scheduled to be disturbed or City Surveyor Shockley, Tim Eich, Alberto Armas, Alex Works locate and/or establish centerline destroyed by pavement rehabilitation efforts City of Huntington Beach George monuments and their accessories, Solution: recovered monuments and tied them out to at least (714) 536-5431 prepared pre- and post -construction four tagged ties. (In cases where monuments or ties were jderleth@sudcity-hb.org corner records, worked with private and missing,new monuments and/or ties were set.) public personnel On -Call Land Surveying and Mapping Orange County Completed 2019 Construction staking, comer records, No significant challenges were encountered William (Bill) Gilbert Jim Steines, Ray Mansur, Jason Services for Orange County Sanitation Sanitation District monitoring surveys, site control, Construction Inspection Supervisor Shockley District boundary surveys, aerial topography, Orange County Sanitation District map research, base maps, right-of-way (714) 593-7844 documents bgilbert@ocsd.com Mira Loma Women's Detention Center Los Angeles Original Contract Surface utility surveying and Challenges: secure facility in Lancaster, somewhat remote; Los Alicia Ramos Greg Sebourn, Ray Mansur, Tessie County 2014; Current work encumbrance mapping, legal Angeles County Department of Public Works is client to California Senior Capital Projects Manager Barriga, Joseph Nelson, Tim Eich, Jason Department of June 2017-ongoing. descriptions and plats Department of General Services Project Management Division II Shockley Public Works, Solutions: developed a right -size budget to allow for scope (626) 314-1245 Project revisions, clear and timely communication, worked with client to aramos@dpw.lacounty.gov Management resolve competing interests Division Old River Leeds Road Los Angeles Completed 9/2017 Topo surveying and control for traffic No significant challenges were encountered Yugal Lall Greg Sebourn, Ray Mansur, Tessie County improvements Senior Capital Projects Manager Barriga, Joseph Nelson, Tim Eich, Jason Department of Project Management Division II Shockley Public Works, (626) 476-2837 Project ylall@dpw.lacounty.gov Management Division City of Santa Ana Public Works Agency // RFP No. 19-090 On -Call Professional Land Surveying Services 7 of 10 Project Name and Location Client Project Status Services Provided Description of Project (Challenges and Solutions) Reference Task Order Team Members Stantec Consulting Services Inc. Rancho Los Amigos National Los Angeles Ongoing Topo mapping of utilities and tunnels Challenges: confined space for surveying, safety Yugal Lall Greg Seboum, Ray Mansur, Tessie Rehabilitation Center Utility and Tunnel County Solutions: adhered to all safe work practices, clear Senior Capital Projects Manager, Barriga, Joseph Nelson, Tim Eich, Jason Survey Department of communication with Los Angeles County Department of Public Project Management Division II Shockley Public Works, Works (626) 476-2837 Project ylall@dpw.lacounty.gov Management Division South Whittier Outfall Sanitation Districts Completed 12/2017 Aerial control, topo survey and mapping, Challenges: schedule was critical Michael Tatalovich, Section Head, Greg Seboum, Ray Mansur, Tessie of Los Angeles manhole surveys, and right-of-way Solutions: well -organized scope with closely managed staff Sewer Design Section Barriga, Joseph Nelson, Tim Eich, Jason County mapping delivered the project within the critical schedule (562) 9084288 Shockley mtatalovich@lacsd.org Robert Gardner, Supervising Designer, Sewer Design Section (562) 9084288 ext 1615 rgardner@lacsd.org Green Lane Pump Station Sanitation Districts Completed 812017 Aerial control, topo survey and mapping, Challenges: schedule was critical Michael Tatalovich, Section Head, Greg Sebourn, Ray Mansur, Tessie of Los Angeles manhole surveys, and right-of-way Solutions: well organized scope with closely managed staff Sewer Design Section Barriga, Joseph Nelson, Tim Eich, Jason County mapping delivered the project within the critical schedule (562) 9084288 Shockley mtatalovich@lacsd.org Robert Gardner, Supervising Designer, Sewer Design Section (562) 9084288 ext 1615 rgardner@lacsd.org Cabrinha Hearn & Associates Experience Westside Extension, Segment 1 WEST JVIMETRO 10/2013 - Ongoing Horizontal and vertical project control Challenges: heavy rail, 9-mile subway extension project under Joe DeMello Camden Cabrinha, Jamie Begchume, Los Angeles, CA verification and densification survey; construction; tunneling under heavily populated areas LA Metro Director, Edward Uribe, Rene Rodriguez, Bernard exploratory shaft site monitoring; as -built Solutions: as -built mapping provided to accommodate utilities Construction Management Westside Xu surveys and mapping; advanced utility relocation often with less than an 8-hour request window to Extension relocation layout and construction enable the design/build team to accurately locate utilities for (323) 900-2112 staking; utility plan verifications; station box/decking design and placement demelloj@metro.net monument preservation/restoration, topographic design/as-built mapping; and western station track alignment and platform as -built GPSi Experience LADWP 230 KV Scattergood Plan Los Angeles 212016 - 312016 As subconsultant, provided: Challenges: LAX is one of the busiest airports in the world with Tessie Barriga PE Ramon Ramos, Maria Alice Ramos, and Profile Department of photogrammetric mapping 1 "=40', 1-foot difficult low altitude Flying directly in the AP take off zone Stantec Paul Hamilton -Rivers Los Angeles, CA Water and Power contours, orthos Solution: aerial survey and photogrammetric mapping 1"=40' wl (949) 923-6946 (LADWP)IStantec 1' CI,11 linear miles; flight coordination with air traffic control tessie.barriga@stantec.com Sediment Augmentation Project Fish & Wildlife 412016 - 512016 As prime, provided: photogrammetric Challenge: revitalization and preservation of the Seal Beach Kirk Gilligan, Refuge Manager Ramon Ramos, Maria Alice Ramos, Seal Beach CA Services mapping 1"=20', 0.5-foott contours, wetlands requiring coordination with multiple Federal agencies, Fish & Wildlife Services Paul Hamilton -Rivers 4-band orthos such as USGS and Fish & Wildlife Services (909) 9824601 Solution: aerial survey and photogrammetric mapping 1"=20' wl kirk—gilligan@fws.gov 0.5' CI, collecting point data using SGM methods whilst still achieving a very high accuracy set of mapping deliverables along with four -band digital orthophotography 8 of 10 Stantec Scope of Services and Schedule Project Approach Outline Our proven project approach procedure highlighted below can and will be modified to accommodate the specific tasks under the City's contract. Notice to Proceed As Principal-in-Charge/Project Manager, Greg Sebourn, PLS, will coordinate with the City and our team to review the task order scope of services, safety requirements, and estimated fees to accomplish the specific task. Alternative survey methods will be considered; and task -specific responsibilities will be assigned to specific team members, as deemed applicable, by meeting in advance with City personnel. Research and Field Preparation Our Mapping Manager, Tony Cuomo, will work with City personnel to obtain copies of maps, plans, as-builts, CAD files, and other records needed for each specific task. Our team will use the research above to develop a survey crew package consisting of the project safety plan, the scope of services outline (field requests); entry permits and access instructions; control diagrams and coordinate files; existing monuments and record information; construction calculations; and/or alignments specific to the given survey task. Field Survey Our team members have several years of experience working in heavy construction zones, high traffic areas, and confined spaces. With state-of-the-art conventional total stations, GPS receivers, digital levels, Unmanned Aerial Systems (UAS), and laser scanners, we confirm that the right tool is used for the right job. When construction support is required, our team includes licensed California professional land surveyors, professional engineers, and certified party chiefs to supervise the construction staking, as-builts, and QA/QC required. All Stantec survey parties are fully equipped to tackle any construction staking necessary and can be deployed within 48 hours of a field survey request. Data Reduction and Base -Mapping Our team interprets field measurements through the use of digital field notes, uses a "field -to -finish" method of data collection, and can provide deliverables in "Microstation" (or Civil3D) format as deemed appropriate by the City. Our teams experience in construction staking services and our professional land surveyors are on staff to supervise the preparation of mapping exhibits and construction staking. Map Checking Stantec is one of very few Orange County firms that can claim to have extensive experience with subdivision map, record of survey, and legal description map checking. Greg Sebourn and Tony Cuomo have developed expertise with the elements involved in clearing the map check process through years of experience at previous engagements. Tony has reviewed literally hundreds of maps and legal descriptions for compliance with professional standards of practice, agency standards and ordinances, and State law. He was a contributory author for sections of the City of Irvine Subdivision Manual. We maintain a high level of professional involvement with cities, counties, and agencies, together with local and statewide professional organizations that track changes in the law that govern the subdivision process. Several of us have served or are currently officers in these organizations, including participation in Professional Practice Committees that act as an oversight group to ensure the utmost in ethics, professional conduct, and standard of care in the local survey community. Quality Assurance and Quality Control of Deliverables To help ensure the accuracy and completeness of project documents and deliverables for each task, in-house QA/QC reviews will be conducted by the QA/QC manager or field survey manager as appropriate for the task. Our team's commitment to excellence is evidenced by the quality of the work that we do. City of Santa Ana Public Works Agency // RFP No. 19-090 On -Call Professional Land Surveying Services 9 of 10 Resource Management Plan We are committed to providing qualified and experienced staff for this effort. We have staff in offices throughout southern California who are excited for the opportunity to provide their support to Santa Ana. We anticipate an experienced team of qualified professionals to have substantial availability immediately. Our key individuals' (principal -in -charge, project managers, project surveyors, photogrammetrists) committed availability averages 85%. For this on -call contract, we have identified a dozen highly qualified, licensed technical experts. We have appointed Ray Mansur, PLS, as the resource manager to help ensure sufficient staff resources continue to remain available for the duration of the contract. Ray serves as Stantec's US West discipline leader for land surveying, and he manages technical teams totaling more than 100 across the Western US. Our Southern California staff includes more than 60 experienced surveying professionals. Additionally, we provide aerial mapping services with our own equipment and staff, as well as through our DBE partner GPSi. GPSi has committed 100 percent of their availability for the duration of the contract. Fee Proposo Our fee proposals and Caltrans forms are provided under separate cover as requested. Certificates Stantec's signed certificates are provided in Appendix B. 10 of 10 Stantec Appendix B Certificates Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by 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, organization, bid depository, or to any member or agent thereof to effectuate 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 -collusion Affidavit. BIDDERS are cautioned that making a false certification ma su ertifer to criminal prosecution. Signed ., State of California County of Orange Subscribed and sworn to (or affirmed) before me on this day of October, 2019, by proved to me on the basis of satisfactory e ' nce to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 _v_1 .w .r_.Sa.�• •i�c ?f? :.. -�.: A.:X•. ,.?:. -% .?... .4:v...%..Yn .. w i. .. .. .v.. .�..r..x ,v. .w . VSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 LINDA M. PHILLIPS Notary Public - California i.•. Orange County Commission M 2284723 My Comm. Expires May 7, 2023 Seal Place Notary Seal Above Subscribed and sworn t##o--�� (or affirmed) before' �me on this V St day of V Tip✓'' , 20 � � r , by % Datree Month Year (and Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature' Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: NOn—%t I(ASIOY1 A-K( AVI fi Document Date: Number of Pages: t Signer(s) Other Than Named Above: r)6' - ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signe Title Stantec Consulting Services Inc. Principal -In -Charge & Contract Manager Date 10/18/2019 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Principal -In -Charge & Contract Manager Firm: Stantec Consulting Services Inc. Date: 10/18/2019 City of Santa Ana RFP Page A3-4 ® Stantec Design with community in mind EXHIBIT C SCHEDULE OF BILLING RATES — 2023 ® Stantec Billing Hourly Description Level Rate Junior Level position 3 $1 1 1 ❑ Independently carries out assignments of limited scope using standard procedures, methods, and 4 $122 techniques ❑ Assists senior staff in carrying out more advanced procedures 5 $139 ❑ Completed work is reviewed for feasibility and soundness of judgment ❑ Graduate from an appropriate post -secondary program or equivalent ❑ Generally, one to three ears' experience Fully Qualified Professional Position 6 $143 ❑ Carries out assignments requiring general familiarity within a broad field of the respective profession 7 $152 ❑ Makes decisions by using a combination of standard methods and techniques ❑ Actively participates in planning to ensure the achievement of objectives 8 $162 ❑ Works independently to interpret information and resolve difficulties ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, three to six years' experience First Level Supervisor or first complete Level of Specialization 9 $168 ❑ Provides applied professional knowledge and initiative in planning and coordinating work programs 10 $173 ❑ Adapts established guidelines as necessary to address unusual issues ❑ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of 11 $189 judgment ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, five to nine years' experience Highly Specialized Technical Professional or Supervisor of groups of professionals ❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise 12 $198 ❑ Participates in short- and long-range planning to ensure the achievement of objectives 13 $209 ❑ Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures 14 $219 ❑ Reviews and evaluates technical work ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, ten to fifteen ears' experience with extensive, broad experience Senior Level Consultant or Management ❑ Recognized as an authority in a specific field with qualifications of significant value 15 $232 ❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise ❑ Independently conceives programs and problems for investigation 16 $256 ❑ Participates in discussions to ensure the achievement of program and/or project objectives 17 $265 ❑ Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, more than twelve years' experience with extensive experience Senior Level Management under review by Vice President or higher 18 $270 ❑ Recognized as an authority in a specific field with qualifications of significant value ❑ Responsible for long range planning within a specific area of practice or region 19 $281 ❑ Makes decisions which are far reaching and limited only by objectives and policies of the organization 20 $291 ❑ Plans/approves projects requiring significant human resources or capital investment ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent 21 $309 ❑ Generally, fifteen years' experience with extensive professional and management experience Crew Size Regular Rate Overtime Rate Survey Crews 1-Person $200 $260 2-Person $310 $420 3-Person $420 $580 Expert Witness Services carry a 50% premium on labor. Overtime may be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase. T-2 2023 EXHIBIT 6 AGREEMENT WITH TOWILL, INC., TO PROVIDE ON -CALL PROFESSIONAL LAND SURVEYING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 2nd day of May 2023 by and between Towill, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 2, 2019, the City issued a Request for Proposal ("RFP") No. 19-090, by which it desired to retain a consultant having special skill and knowledge in the field of Professional Land Surveying services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in RFP No. 19-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 19-090, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services," which was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference as Exhibit A and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three (3) consultants selected to provide services on an on -call basis under RFP 19-090. The total compensation for these services provided by all such consultants selected under RFP 19-090 shall not exceed the shared aggregate amount of One Million, Five Hundred Thousand Dollars and Zero Cents ($1,500,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper Page 1 of 10 invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 1, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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 Page 2 of 10 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit 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. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (5) Broader Coverage: 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. b. Other Insurance Provisions (1) 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 connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at Page 3 of 10 least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (2) Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant 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. (6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies: If any of the required policies provide claims -made coverage: i. The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. Page 4 of 10 (8) 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy 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. (9) 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. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 10 9. 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. 10. 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. 11. 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. 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or Page 6 of 10 military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving Page 7 of 10 the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 8 of 10 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Towill, Inc. Attn: Marvin E. Miller, Regional Director 500 S. Main Street, Suite 540 Orange, CA 92868 (949) 261-1900 A party may change its address by giving notice in writing to the other parry. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Brandbn-alvatierra Deputy City Attorney CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: arvin E. Miller Regional Director [signatures continued on next page/ Page 9 of 10 RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Page 10 of 10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROFESSIONAL LAND SURVEYING SERVICES RFP NO.: 19-090 Introduction and Background: The City of Santa Ana intends to retain Professional Land Surveyors, licensed in the State of California, to perform land surveying services on an as -needed or "on -call" basis, or project basis for Capital Improvement Program (CIP) projects, and/or for projects under construction. Specific services shall be on -call and shall include all duties typically expected of a Professional Land Surveyor or surveying firm. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide Professional Land Surveying services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general Land Professional Surveying services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. A California -licensed land surveyor shall be in responsible charge of all survey work performed under this agreement. City of Santa Ana RFP 19-090 Page Al-1 The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: A. Prepare legal descriptions, plats and maps for subdividing property B. Research existing County and City records for survey monuments within the project area. Prior to any clearing, removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 8771. Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City. C. Perform boundary line adjustments D. Perform monument perpetuation/preservation in areas that will be impacted by City projects o Includes site investigation for existing monumentation, with a report provided to the City with recommendations. o May include pre- and post -construction records E. Replace lost or obliterated property corners F. Set boundary markers or property corners, also known as monuments G. Retrace boundaries for fences and other purposes H. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries I. Prepare legal descriptions and information shown with the description of any deed or other title document J. Prepare Record of Surveys May Checking Services A. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. B. Prepare maps or plats C. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. D. Review title report and existing easements for correct plotting and references. E. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. F. Provide a set of redline check prints showing the redlined comments, and required City of Santa Ana RFP 19-090 Page Al-2 corrections and information. G. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. H. Provide a timesheet at the end of every review to include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. I. Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps Construction Services A. Stake the location of fixed engineering works for construction purposes. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project. B. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements at join points. C. Complete the construction staking within the time frame as specified on the Survey Request Form, or (given minimum notice) commence the staking no longer than two working days from receipt of the request, providing continuous service until the request is complete. D. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will be allowed therefor. Miscellaneous Services A. Investigate boundary discrepancies B. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the fixed works embraced within the practice of civil engineering C. Determine contours of the earth's surface for topographic maps D. Photogrammetric surveying or aerial topographic mapping or aerial photography E. Provide Professional Land Surveying services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross -sections, intersection grids, centerline determination, digital terrain models (dtm), right of way determination, utility profiles and exhibits. F. Generate a computer drawing in Microstation V8 format as well as the sample survey City of Santa Ana RFP 19-090 Page Al-3 drawing on the City of Santa Ana website listed in item K below. G. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the following standards: H. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. I. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. J. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. K. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. L. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. M. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. N. All City CADD standards as well as Microstation configuration files are located at: hqp://www.Santa-ana.org//pwa/En ing eeringServices.asp Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of City of Santa Ana RFP 19-090 Page Al-4 contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. Special Requirements (Attachment 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot. ca. gov/-/media/dot-media/pro grams/local-assistance/documents/lapm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot.ca. _ og_v/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 19-090 Page Al-5 EXHIBIT B SA ly ORIGINAL rTOWILL SURVEYING I MAPPING I GIS C) Cover Letter October 24, 2019 City of Santa Ana Attn: Mr. Sean Thomas, PE Public Works Agency; M-36 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 RE: Request for Proposal No. 19-090 Professional Land Surveying Services Dear Mr. Thomas: City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Towill, Inc. (Towill) is pleased to present our team's qualifications and proposal to provide as needed surveying support to the City of Santa Ana (City) in response to your Request for Proposal (RFP). Since 1955, Towill has provided highly specialized geomatics services to clients throughout California. We are proud of the work we have accomplished and the relationships we have built along the way, and we are eager to establish a strong working relationship with the City. Who We Are Towill is a surveying and mapping firm; this is our sole focus and has been for the past 64 years. This is what we do, all we do, and we do it all in-house. We are not a division of a larger engineering company where priorities and resources can shift. We do not have an internal client base (other engineers) that can provide us with work when projects slow down. Since our clients can choose who they hire, we must strive for excellence in all we do. As a professional services firm and as individuals, our number one goal is to provide our clients with on time, first time right project deliverables. Since we are solely focused on geomatics services, we attract and retain a core group of passionate staff and focus our investments on new survey equipment and the latest software. Towill's key personnel who will be assigned to this contract have on average 27 years of professional experi- ence in field surveying, photogrammetric mapping, remote sensing, and GIS. We take pride in designing cost-efficient technical approaches that continually meet or exceed our clients' re- quirements for every project assignment. Our goal is never to just complete a survey/mapping design task, but to provide valuable geospatial information that will be used by engineers and others to improve the places we work and live. Whether it is for a small boundary survey or a large topographic base map, we understand that we are an important and valuable part of the overall project. Expert Project Management Towill has assembled a versatile team with exceptional technical experience and professional qualifications, and a commitment to responsiveness to meet your objectives. Leading the team as Project Manager will be James Rios, PLS. James is a Professional Land Surveyor with 21 years of experience as a Project Manag- er, Project Surveyor, and Party Chief. James has well-rounded experience with a heavy focus on projects for Southern California public sector clients, including but not limited to the Cities of Irvine, Yucaipa, Chino, local transportation agencies such as OCTA, RCTC, SBCTA, and the Port of Long Beach. Many of James' project assignments have been completed according to Caltrans specifications with MicroStation V8 deliverables. Submitted October 24, 2019 m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Towill has enhanced our team with the addition of DBE/SBE firm Chaudhary & Associates, Inc. (Chaudhary) as a subconsultant to provide added field survey capacity. Located in Long Beach, Chaudhary has been providing quality construction surveying, design, and right of way services in Southern California for the past 43 years. Towill has an excellent working relationship with Chaudhary and has utilized their expertise on several projects throughout Southern California and the entire State of California. Required Information I, Marvin E. Miller, will have contractual responsibility with the City of Santa Ana during the period of proposal evaluation and my contact information follows at the end of this Cover Letter. Towill will serve as the Prime Consultant for the City of Santa Ana and Chaudhary will work as a DBE subconsultant to Towill. I am autho- rized to make legally binding commitments for Towill. Contract Agreement Statement Towill agrees to any and all provisions as contained in the Agreement in the RFP. In closing, I am pleased to present you with a uniquely qualified team that has the support, when and if need- ed, of Towill's entire corporate resources. I trust that the following proposal is sufficient in detail for your eval- uation. However, should you have any questions or require additional information, please do not hesitate to contact me by phone at (949) 261-1900 or via email at marvin.miller@towill.com. Thank you in advance for your consideration of Towill, Inc. We look forward to the opportunity to be of service to the City of Santa Ana on this contract. Sincerely, TOWILL, INC. M, M447 , J�� Marvin E. Miller, MBA, RPP, PLS, CP, PPS, SP Regional Director CP03ints of Contact rrTOWILL Submitted October 24, 2019 SURVEYING I MAPPING I GIS Firm and Team Experience Firm Profile Towill, Inc. (Towill) is an experienced provider of sur- veying and geomatics services offering a broad range of advanced surveying, mapping, and geospatial solutions, which include land surveying; high accu- racy specialty surveying; digital aerial photography; airborne, terrestrial, and mobile Light Detection and Ranging (LiDAR); digital 3D and 2D photogrammetric mapping; volumetrics; and geographic information systems (GIS). Since the firm's establishment in 1955, the field of surveying and mapping has been Towill's sole focus. We have become one of the most accomplished providers of geospatial solutions in the western United States. Towill has invested over $6 million in modern hardware and software to ensure that we can provide our clients with the most accurate, cost-efficient, and timely services available. This commitment to innovation, combined with our dedicated, passionate staff, are the keys to Towill's success, which is demonstrated by our high rate of repeat clients and referrals. Over 85% of Towill's busi- ness comes from repeat clients, which is a testament to our client focus, culture of client service, and overall ability to deliver on time, first time right services. Extent of Experience Over the last 64 years, Towill has completed more than 16,000 projects across a wide range of indus- tries in support of engineering design, transportation, rail, tunneling, major planning, GIS, construction, and floodplain projects. Our projects range from large to small and from multi -million -dollar, multi -year on -call contracts with agencies such as the U.S. Army Corps of Engineers (USACE) and the State of California Departments of Transportation (Caltrans) and Water Resources (DWR), to smaller projects completed in as little as one day. We provide our clients with a sin- gle source for all their surveying, mapping, and GIS needs. Towill has worked with dozens of public agencies, from local to federal, throughout our history; we understand your priorities and the unique challenges that cities face. Our previous experience on dozens of as needed or on call surveying and mapping contracts Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services for various public -sector clients provides us with work- ing knowledge of local agency systems, procedures, and expectations. We excel at managing multiple proj- ects simultaneously because we know that our clients depend heavily on the deliverables that we produce to perform their planning, design, and construction tasks. Towill has the staff, experience, and resources need- ed to complete your tasks on time and on budget. Within the past ten years, Towill has successfully held on -call survey and mapping contracts with a wide vari- ety of public sector clients of all sizes, including the cities of Chino, Huntington Beach, Irvine, Long Beach, Moreno Valley, Pomona, Pasadena, San Diego, and Vista, and the counties of Los Angeles, Orange, Riv- erside, and San Bernardino. This extensive previous experience is proof that we understand our primary role as a consultant: to pro- vide a pool of resources —personnel and equipment — that our clients can call upon to fulfill surveying and mapping requirements as necessary. Our DBE Commitment Towill is proud of our firm's commitment to the af- firmative action (including SLBE/ELBE/DBE/MBE/ WBE/DVBE/OBE) programs and being an equal opportunity employer. We have successfully mentored small and disadvantaged businesses through the Caltrans' Cal mentor Program. This statewide Califor- nia program is designed to encourage and support small businesses through voluntary partnerships with established firms. Caltrans provides training, facili- tates the relationships, and provides opportunities to network with additional consultants. Goals are set in a Memorandum of Understanding; and upon docu- mentation and goal achievement by both the Mentor and Protege firms, the firms are graduated. Towill has graduated multiple small firms from this program. In addition to the individuals Towill offers in-house, we have joined with a long-term partner on this contract: Chaudhary & Associates (DBE, Micro/SBE, MBE) to provide field survey support. We are eager to share the work assigned from this contract with Chaudhary because they are composed of individuals we know personally, trust completely, and with whom we have m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services a history of providing successful projects together. We will achieve 10% utilization with Chaudhary, far ex- ceeding the City's established DBE goal of 0.5%. Key Personnel Towill is pleased to introduce the team of key person- nel we have chosen specifically for this contract. Our assigned key personnel will be available to the extent proposed for the duration of the required services. Towill acknowledges that no person designated as "key" shall be removed or replaced without prior writ- ten concurrence of the City of Santa Ana. At any given time of the year, Towill's active backlog represents -45% of our monthly capacity. Accordingly, we have more than enough capacity to support the anticipated requirements of this program. An organizational chart is included at the end of this section. Complete resumes for the following key indi- viduals are located in Appendix A. Survey Project Manager: James Rios, PLS James has 22 years of experience in land surveying as a Project Manager, Project Surveyor, Party Chief, and Mapping Manager. James has well rounded experience with a heavy focus on projects for Southern Cali- fornia public sector clients, including 1W Orange County Public Works, the Cities of Moreno Valley and Yucaipa, the Port of Long Beach, and many others. His extensive experience includes performing field calculations, right-of-way and boundary surveys, and mapping. James regularly coordinates and oversees efforts in all aspects of land surveying, including research and analysis, title reports, rights -of -way, easements, Amer- ican Land Title Association (ALTA) surveys, topogra- phy, boundaries and mapping, construction staking, and the preparation and filing of subdivision maps, Corner Records, and Records of Survey. As Project Manager, James will be responsible for daily oversight of field survey crews and office survey staff, including progress tracking and reporting to the Principal -in -Charge. In addition, he performs research rrSTDWINLGIS L activities; prepares metadata and technical reports in accordance with contractual requirements; imple- ments QA/QC processes for all field and office sur- veying tasks; and verifies that the content and accura- cy of deliverables adhere to project specifications. Principal -in -Charge: Marvin E. Miller, MBA, RPP, PLS, CP, PPS, SP Marvin is an accomplished geomat- ics professional with 43 years of proj- ect/operations management, project design/implementation, and business leadership/consulting experience within the private sector disciplines of surveying, remote sensing, pho- togrammetry, enterprise GIS, and related geomatics services. During his career, Marvin has served as Principal in Charge, Project Manager, Technical Compliance Manager, and Surveyor of Record for numerous federal, state, and local agency project undertakings. As Principal -in -Charge, Marvin will be responsible for contract administration, including preparation of cost estimates, proposals, technical and administrative re- ports, and invoices. Additional responsibilities include monitoring budgets and schedules for compliance and acting as necessary to keep them within contractual parameters. He will perform oversight of all project group members and their functions and Independent Technical Review (ITR) of technical procedures, QA/ QC procedures, and results (i.e., deliverables). Marvin will serve as James Rios' back-up when he is unavailable. QA/QC Lead Frank Borges, PLS Frank Borges is a Professional Land Surveyor and an Associate Principal at Towill with 23 years of experience. He has performed and supervised projects involving boundary sur- veys, legal descriptions and plats, I topographic base maps, geodetic survey control, aerial mapping, ALTA surveys, monitoring surveys, con- struction staking, aeronautical surveys, hydrographic surveying, and LiDAR scanning for clients both private Submitted October 24, 2019 r r- and public. His success on projects comes from his attention to detail in clearly established production procedures, QA/QC, and accountability for tasks completed. As QA/QC Lead, Frank will be responsible for assur- ing the professional quality, technical accuracy, com- pleteness, and consistency of all Towill's deliverables under this contract. Licensed Party Chief / Field Survey Lead: Nicholas Lewis, PLS Nick is a California Professional Land Surveyor and Certified Party Chief with the International Union of Oper- ating Engineers Local 12. He brings 37 years of field survey experience to the Towill team and has worked on projects for the Cities of Fullerton, Irvine, and Huntington Beach. His land surveying experience includes roadway design and construction, horizontal and vertical control, topographic surveys, boundary surveys, GPS, monitoring, and 3D laser scanning. As Field Survey Lead, Nick will be responsible for de- veloping work approaches and cost estimates, sched- uling and managing field crews, directing field and office staff, and providing quality assurance/ quality control and supplemental work and safety planning. Nick is capable of performing production work when needed and management of specific project tasks. He also performs job site inspections for safety and planning of work tasks and may be responsible for communication with City staff and the general public at the project site as needs dictate. Associate Surveyor / Office Survey Lead: Christopher Johnson, LSIT Chris is an Office Surveyor/Certified _ Party Chief with 33 years of expe- rience in the surveying field. His background includes design surveys, construction staking, corridor control surveys, boundary surveys, ALTA FP surveys, 3D laser scanning, right-of- way monumentation, and topograph- ic surveys. He is knowledgeable in the use of MicroStation, InRoads, City of Santa Ana RFP No. 19-090 Professional Land Surveying Services TopoDOT, and Trimble survey instrumentation and software, as well as Caltrans standards. As Office Survey Lead, Chris will be responsible for processing field data, performing GPS reductions and network adjustments, reducing laser scanning data - sets, analyzing laser scan data, and preparing internal deliverables to the project team for final CAD mapping and deliverables. Senior Geomatics Analyst / Aerial Survey Lead: Lorraine Amenda, PLS, CP Lorraine has 29 years of surveying and mapping experience and has served as a Senior Photogrammetrist and Photogrammetry Project Manag- er for over fifteen years. She joined Towill after the completion of her Surveying Engineering degree from California State University, Fresno. Her experience and knowledge in- clude least -squares adjustments and advanced computations for surveying and photogram- metric processes, design of ground control networks, flight planning, and Light Detection and Ranging (LiDAR) data processing. As Aerial Survey Lead, Lorraine will be responsible for daily oversight of photogrammetry personnel (includ- ing those assigned to airborne LiDAR and GIS tasks) and tracking progress and preparing reports for the Project Manager and Principal -in -Charge. She per- forms advanced technical functions, such as airborne GPS processing, analytical aerotriangulation compu- tations, airborne LiDAR data processing, and volume calculations. In addition, she prepares metadata and technical reports in accordance with contractual requirements; implements QA/QC processes for all photogram metric, airborne LiDAR, and GIS tasks; and verifies that the content and accuracy of deliverables adhere to project specifications. Geomatics Specialist / Airborne LiDAR Lead: Keith Kirkby, PE, P.Eng. Keith's 23 years of experience in- cludes a diverse array of proficiency providing geomatics (geospatial) services with an emphasis on air- borne remote sensing applications. Submitted October 24, 2019 m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services He has designed, implemented, and managed dozens of airborne LiDAR acquisition missions, geodetic and photo control surveys, aerial photography campaigns, and GPS field surveys for engineering design and GIS base mapping applications. As Airborne LiDAR Lead, Keith will be responsible for the acquisition and interpretation of LiDAR data, which includes development of work plans, coordina- tion and scheduling of equipment and other resourc- es, on -site data acquisition, which may include field surveying, post -mission data processing and reduc- tions, interpretation and analysis, and reporting of LiDAR data utilizing a variety of techniques. Associate Surveyor / Terrestrial LiDAR Lead: Frederick "JR" Gregory, LSIT JR has 14 years of surveying and mapping experience in both the field and office, which includes topograph- ic mapping, plats/legal descriptions, LiDAR data extraction and classi- fication, and right-of-way appraisal mapping. Over the past five years, JR has focused extensively on the design of static and mobile terrestrial LiDAR (31D laser scanning) surveys and the collection, processing, and classification of LiDAR point cloud data. He is well versed in a vari- ety of survey and mapping software applications and packages, including AutoCAD Civil 3D; Cardinal VR; Carlson software; Bentley MicroStation, InRoads, and TerraScan; TopoDOT, Trimble Business Center and Trimble RealWorks; and STAR*NET. As Terrestrial LiDAR Lead, JR will be responsible for the design and execution of any required 3D laser scanning tasks, as well as the processing and classifi- cation of the terrestrial LiDAR data collected. Certified Party Chief: Oliver Rocha, LSIT Oliver is a Certified Party Chief with 29 years of land surveying expe- rience. He has worked for several local public agencies, including the Cities of Irvine, Moreno Valley, Colton, and Yucaipa. He has been involved in numerous survey projects consisting of topographic, boundary, construction, right-of-way, and GPS surveying on a variety of projects, including highways, roadways, site development, and communications. He will be responsible for performing the necessary field surveys to support task orders, including but not limited to, topographic, boundary, and construction surveys. As Certified Party Chief, Oliver will lead and coor- dinate field staff task assignments on a daily basis, according to project assignment under the direction of the Field Survey Lead and Project Manager. He over- sees crew set up and ensures that proper equipment and procedures are used, consistent with the scope of work for the project. He also performs job site inspec- tions for safety and planning of work tasks and may be responsible for communication with City staff and the general public at the project site as needs dictate. Subconsultant Party Chief: Jose Casanova, LSIT, Chaudhary & Associates Jose has more than 20 years of extensive civil engineering and land surveying experience in the private sector. He is highly proficient in MicroStation, InRoads, AutoCAD, Civil 3D, Softdesk, and GPS Trimble software. He has worked on a variety of projects including land surveying, architectural, transportation, water, land development, and teI@communl- cations, and is currently studying for his Land Surveying license. He has also spent time as a Party Chief and Chainman in a field crew, providing him with a complete understanding of project design. Subconsultant Potholing Lead: Salvador Silva, AirX Utility Surveyors Salvador has nine years of experi- ence at AirX working from the ground up as a laborer specializing in pothol- ing, to crew chief, and now field crew supervisor. As Potholing Lead, Salvador will be responsible for scheduling potholing crews and monitoring productivity and safety during traffic control setup and during pothole excavation. rJTOWILL Submitted October 24, 2019 SURVEYING I MAPPING I GIS irr ' I Marvin Miller, MBA, CP Principal -in -Charge James Rios, PLS Survey Project Manager Frank Borges, PLS JR Gregory, LStT Project Surveyor Associate Surveyor QA/QC Lead 0 Terrestrial UDAR Lead Oliver Rocha, LSIT Nicholas Lewis, PLS Certified Party Chief Licensed Party Chief Field Survey Lead Pose Casanava, LSIT PartyChief ! Feld SterveySupport 19 Two -Person Survey Crews Available Chrislohnson, LSIT Office Survey Support Associate Surveyor 21 Office Survey Office Survey Lead 0 Technicians Available Keith Kirkby, PE Geomatics Principal :AerialMap:pingLe,9:dI P Airborne WAR Lead st Aerial Mapping Support 15 Geanatics Analysts and Technicians Available SalvadorSilva Potholing Lead City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Understanding of Need Project Understanding Towill completely understands the required details re- garding the possible variety of the City's public works projects, including the technical requirements, scope of work, schedule, project Area of Interest (AOI), and the required deliverables associated with survey task order. Moreover, Towill understands that the primary on -call professional land survey services required by the City of Santa Ana may include: 1. Research and Data Collection 2. Vertical & Horizontal Control Surveys 3. Prepare Legal Descriptions, Plats, and Maps 4. Monument Perpetuation/Preservation 5. Map Checking Services 6. Construction Staking Services 7. Photog ram metric/Li DAR Surveys 8. Topographic Surveys 9. Boundary and Right of Way Surveys The overall Project Area of Interest (AOI) is approxi- mately 27.5 square miles and includes the corporate boundaries of the City of Santa Ana. In addition, we understand that one of the primary goals of the pro- gram is to provide the City's Public Works Department with timely/precision professional surveying services that are tailored to fit the objective of each project assignment. Because surveying, mapping, and GIS are the only services we offer, on -call service contracts represent a significant portion of Towill's business model. In fact, across our firm, we currently manage over 50 different Towill's Task Order Management Process on -call surveying/mapping contracts for public sector clients and utility companies of all sizes. It is important to note that we prioritize all of our on call contracts equally. New task orders are inserted into our workflow as they arise and are completed as delivery schedules dictate. We achieve very high levels of client satisfaction by maintaining the critical internal communication necessary to keep on top of task budgets and schedules, shift workloads across office locations as needed to maximize efficiency, and rapidly re assign available resources to meet project commitments. Details on the nine primary land surveying services noted above can be found in the Scope of Services and Schedule section of this proposal. Proactive Task Order Management Our approach for all the work that we do always starts with communication. Before any work begins, our project managers strive to learn about your expecta- tions for each task order, your schedule and budget requirements, and any other potential issues. We then develop a concise Scope of Work, cost estimate, and schedule which, when accepted by the City, becomes the basis for the work. No work will be performed until the City has authorized it via the issuance of a Notice -to -Proceed (NTP). Upon approval of the task order, the team will have a kickoff meeting to focus on delivering a consistent, Task Order Prepare Task Order, Discuss and Request from Cost Estimate, Work Negotiate City Staff Plan, and QA/QC Plan Task Order Perform QA/QC Perform Survey Execute Task. of Deliverables and/or Mapping Order via NT Data Acquisition Submit Respond to City's Task Order Deliverables Questions and Close -Out Comments rrSTDWINLGIS L Submitted October 24, 2019 efficient, and quality deliverable. Instructions to the project team will be developed and distributed to all members. These instructions may include com- munication protocols, schedules/budgets, technical standards, health/safety requirements, scope of work, required deliverables, quality control plans and proce- dures, and/or review of environmental policies. Throughout the performance period, Towill's project manager will maintain open lines of communication with City staff, attending regular status meetings and/ or reporting on the project's progress via email cor- respondence or by phone. Once deliverables are submitted to the City, we respond to any questions or comments you may have, make any final revisions necessary, and ensure that your staff is completely satisfied with all deliverables prior to close-out of the task order. This process is summarized in the flowchart graphic on the previous page. Towill's project manager and support team are committed to responsiveness to meet your objectives. We know from experience that our proven task order management process will be key to successfully deliver your task orders on time and within budget. Suggestions or Special Concerns Given the nature of the anticipated Capital Improve- ment Program (CIP) projects along with Towill's 64 years of experience providing on -call land surveying, we are pleased to have the opportunity to suggest some value-added services for your consideration. Terrestrial, Mobile, and Airborne LiDAR Towill brings 15 years of terrestrial LiDAR scanning ability. Terrestrial LiDAR scanning can be used to obtain spatial information for features that require a high level of detail or that are difficult to reach. It can also be used to gather many data points on complex surfaces, such as rough and uneven ground. The key to successful terrestrial LiDAR scanning technology is knowing when it is the right tool for the job and how to combine and augment it with other measurement methods and data products to provide the most effi- cient service for the tasks at hand. In addition, Towill's unique business model, which combines complete ae- rial photogrammetric and LiDAR services, as well as ground -based field surveying augmented with LiDAR, Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services brings a comprehensive mapping tool set to the City. Recently, Towill completed 16 miles of detailed topo- graphic mapping along State Route 91 in Riverside County, utilizing a combination of mobile and terres- trial LiDAR, aerial photogrammetry, and conventional ground surveys. This seamless integration of various advanced and conventional technologies allowed the Towill team to complete this design -level mapping project to Caltrans standards within 120 days. This is a strength the Towill team will bring to the City. Depending upon the project requirements, incorporat- ing aerial LiDAR as part of the overall solution often represents a cost and time -saving approach. Our airborne LiDAR systems are integrated with precision Phase One 100-megapixel digital image sensors. Combining traditional photogrammetric mapping techniques with state -of -the -profession aerial LiDAR, represents not only a cost-efficient project approach but also the ability to provide precision map docu- ments in areas that would compromise the safety of our field crews. We would also like to point out that we often fuse together terrestrial and aerial LiDAR data sets. For projects where LiDAR represents a more cost-efficient approach, the combination of stereo imagery with aerial LiDAR traditional photogrammetry techniques with state -of -the -profession LiDAR tech- nologies. Potholing Towill's land surveying experience in highly urbanized areas often requires locating buried utilities. Accord- ingly, should the need arise for locating underground utilities, Towill will enlist the services of our subcon- sultant, AirX Utility Surveyors, Inc. AirX is a Wom- an Owned Small Business (WOSB) with offices in Rancho Cucamonga and Escondido, California, has been providing Subservice Utility Engineering (SUE) services since 2000. They are a trusted SUE services provider to not only Towill but also to many local agen- cies throughout Southern California. Assumptions and/or Exclusions Access to all assigned project AOI's will be made available to the survey teams without restrictions or added cost. m TOWILL N_ SURVEYING I MAPPING I GIS City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Relevant Project Experience Since Towill's inception in 1955, we have served as a consultant on hundreds of contracts for public agency clients, from the federal and state level down to local agencies and special districts, with the majority of our work generated from on -call contract task orders. In fact, approximately 70% of Towill's total revenue earned last year came from municipal clients and their projects. Following is a small sample of the projects we have completed over the last five years. Caltrans District 59: As -needed Aerial Mapping Services Contract Towill is currently under our fifth consecutive contract with Caltrans to provide as -needed professional aerial photogrammetric mapping services statewide. Most tasks under this contract are focused on the acquisi- tion, processing, and classification of airborne LiDAR (Light Detection and Ranging) data and the genera- tion of color orthophotography; an increasing number of projects over the last two contract periods have also included the capture of planimetric features. Specific services provided under these contracts include airborne LiDAR data acquisition and process- ing, photogrammetric mapping, aerotriangulation, ground control surveys, and quality control surveys. We completed a total of 56 task orders during our previous on -call contract (2015-2018), including: State Route 74 in Orange County: Airborne LiDAR mapping and orthophotography for approximately five miles from west of Hot Spring Canyon Road to the Riverside County border in southeast Orange County. Year Completed: 2018; Interstate 15 in Riverside County: Airborne LiDAR data collection for pavement condition studies along a three-mile stretch of highway near Temecula. Year Completed: 2017; and Interstate 40 in San Bernardino County: Airborne LiDAR, Mapping, and Orthophotography for a 50-mile stretch between Ludlow and Needles. Year Completed: 2016. Client: Caltrans District 59 Contact: John Erickson, CP, PLS Phone: 916.227.7649 rrSTDWINLGIS L Orange County Transportation Authority: OC Streetcar Project Construction Management Services Towill is providing on -call construction staking ser- vices to PGH Wong for the OC Streetcar project. This OCTA project is in coordination with the City of Santa Ana and City of Garden Grove to construct a new east -west double -track modern streetcar in Orange County between the Santa Ana Regional Transpor- tation Center in the City of Santa Ana and the Harbor Boulevard/Westminster Avenue intersection in the City of Garden Grove. The purpose of the project is to improve transit connectivity and transit accessibility, increase transit options, relieve congestion by pro- viding alternative mobility options in a manner that is sensitive to the community's character, and provide benefits to the environment through improved air qual- ity. Year Completed: Ongoing. Owner: OCTA Client: PGH Wong Engineering, Inc. Contact: Doaa Aboul-Hosn, PE Phone: 602.300.4091 City of Irvine: Culver Drive and University Drive Intersection Improvements Project Towill is providing construction surveying services to support the Culver Drive/University Drive Intersection Improvements project. The project involves widening the roadway; reconstructing the concrete median, sidewalks, curb and gutter, etc.; street light relocation; traffic signal modification; extension of an existing channel box culvert; installation of a landscape and irrigation system; signing, striping, and pavement markings; and relocation and adjustment of IRWD water facilities. Towill's tasks include performing a centerline survey and monumentation recovery; de- tailed surveys of the streets, sidewalks, and neighbor- ing properties; developing a digital terrain model and street cross -sections; performing construction staking and as -built surveys; and monument preservation. Year Completed: Ongoing. Submitted October 24, 2019 10 l�J City of Irvine: Alton Parkway Pavement Rehabilitation Project Towill performed horizontal and vertical control sur- veys, topographic surveys and centerline surveys for a 3,000-foot portion of Alton Parkway near the Irvine Spectrum. Utilizing a combination of conventional survey methods and 3D laser scanners, Towill collect- ed full street topographic data without impeding traffic or closing a lane. The final data was mapped, a digital terrain model created, and all delivered to the design team in MicroStation and InRoads format. Year Completed: 2017. Client: City of Irvine Contact: Uyenly Bui Phone: 949.724.7559 City of Fullerton: Raymond Avenue Grade Separation Project Towill provided quality assurance construction survey- ing services, including verifying the primary and proj- ect control, reviewing the horizontal design alignments and vertical profiles, and responding to construction survey requests, to support this grade separation project. We monitored the contractor's surveyor for compliance with the project surveying requirements, verified their layout and controls, spot checked ref- erence points and finished work, and monitored for settlement or movement of existing facilities. Con- struction surveys were performed in accordance with the Caltrans Survey Manual and its revisions. Year Completed: Ongoing. Owner: City of Fullerton Client: Berg & Associates, Inc. Contact: Carlos J. Quiroz, QSP Phone: 310.548.9292 Los Angeles County Department of Public Works: As -Needed Surveying and Mapping Services Contract Towill has been providing land surveying and mapping services for the Los Angeles County Department of Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Public Works since 2013. Our two most recent task orders are described below. LACDPW Headquarters Building ALTA/NSPS Land Title Survey: Towill completed an ALTA/ NSPS Land Title Survey for the Department of Public Works Headquarters building. Services included establishing ground control, color aerial photography, planimetric feature collection at 1" = 20', and development of Digital Terrain Model (DTM) sufficient in detail for generating 1.0' design contours. Our subconsultant, AirX, used Ground Penetrating Radar (GPR) to locate the underground utilities. Year Completed: 2019. Roosevelt Park Construction Staking: Towill is currently supporting the County's contractor with construction staking services for the subject project. To date, there have been a total of 32 staking requests issued, all of which have been completed within forty-eight hours after receipt. Year Completed: Ongoing. Client: LACDPW Contact: Mark Wittig, PLS Phone: 626.458.5144 Orange County Public Works: On -call Surveying Services Contract Towill has been providing on -call surveying services to the Surveyor's Office of the Orange County Pub- lic Works Department since 2010. Services that can be requested under this contract include boundary surveys, monumentation, monument preservation, topographic surveys, construction surveys, and other land surveying tasks. Our current contract extends from 2018 through 2021. Under our previous contract, Towill completed 11 surveying task orders, including several that involved deformation monitoring and monument preservation and perpetuation. Deformation monitoring was pro- vided for the Peters Canyon, Villa Park, and Sulphur Creek Dams. The monitoring surveys included hor- izontal and vertical control, horizontal monitoring of specific points along the dams utilizing GPS static survey procedures, and vertical monitoring of specific TOWINLGIS L is City of Santa Ana RFP No. 19-090 Professional Land Surveying Services points along the dams utilizing precise leveling procedures. Towill also provided monument preservation and perpetuation services for more than 150 monuments in the unincorporated areas of Cowan Heights, Lemon Heights, and Panorama Heights in Orange County to support planned overlay construction activities. Year Completed for all of these task orders: Between 2015 and 2018. Client: OCPW Contact: Wade Weaver Phone: 714.955.0151 References City of Irvine Uyenly Bui Email: uyenly.bui@ci.irvine.ca.us Phone: 949.724.7559 Projects • Culver Drive and University Drive Intersection Improvements • Alton Parkway Pavement Rehabilitation Orange County Public Works Wade Weaver Email: wade.weaver@ocpw.ocgov.com Phone: 714.955.0151 Projects • Olive Heights Monument Preservation • Various deformation monitoring task orders County of Los Angeles Mark Wittig, PLS Email: mwittig@dpw.lacounty.gov Phone:626.458.5144 Projects • LACDPW HQ ALTA/NSPS Land Title Survey • Roosevelt Park Construction Staking rrSTDWINLGIS L Submitted October 24, 2019 `A Scope of Services and Schedule Scope of Work Research and Data Collection Towill routinely conducts a variety of project -related research, such as title reports, APN/property own- ership review, zoning, benchmarks, boundary con- trol, and FEMA documents, to name a few. Through decades of experience, we know which agencies to contact for each specific type of document, what the processes and lead times are for obtaining them, and what potential challenges to expect. Research may be performed at city or county offices, utility agencies, or other appropriate sources. Vertical and Horizontal Control Horizontal and vertical control is the backbone of any successful survey project. The placement of control point locations is carefully evaluated to determine the most efficient method of performing the project tasks. Existing maps and photography, city and county maps, and available historic maps are studied to de- termine how to refine control point locations to better serve each project and make the working conditions safe for the field staff. Whenever possible, the control points are located on or near roads, trails, levees, or other common routes of transportation. Special efforts are taken to obtain appropriate permission to access private and/or government properties. Towill is experienced in conducting conventional surveys, monitoring surveys, precise digital geodetic leveling, and GPS static surveys, as well as establish- ing local project control. We have set up thousands of control networks and are well -versed in tying into and/ or expanding existing control networks. Our staff have decades of experience with a wide variety of coordi- nate systems and the expertise to know which ones apply to each project. We regularly perform static, rapid -static, kinematic and real-time kinematic (RTK), and real-time network (RTN) GPS surveys to establish ground control, de- pending on the requirements for the project. We own and use Trimble dual -frequency GPS receivers. Static and fast static sessions are used to establish primary control stations; fast -static and kinematic sessions are used for secondary control. The Towill Team is well -versed in utilizing GPS methods for establishing Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services vertical control and deformation monitoring to various standards, including the National Geodetic Surveys. Moreover, Towill has extensive experience in the performance of geodetic surveys and is very familiar with working in the most current national datums; e.g., the North American Datum of 1983 (NAD83), 2011 (2010), and the North American Vertical Datum of 1988 (NAVD88). We also have a world-renowned geodetic expert on staff to lead any specialty or high accuracy survey efforts, if needed. Towill's team of professional licensed surveyors are keenly aware and always up to date with technical issues relating to the evolution of geodetic datums, geodetic surveying technologies, and associated standards and proce- dures. Legal Descriptions, Plats, and Maps Towill has extensive experience and expertise in boundary and property surveys for land and parcel determination, performing tens of thousands of sur- veys over our 63-year history. The initial step to any successful boundary survey is performing the proper research of land records. Public records research is required to identify primary control, right-of-way infor- mation, and boundary lines, or lines of occupation, before performing the work. Research may be per- formed at city or county offices, utility agencies, title companies, or other appropriate sources. Necessary records are identified, organized, and analyzed for the field and office tasks. Once the research is complete and all documentation associated with a boundary has been analyzed, we can prepare highly accurate calculations of where we can expect to locate monumentation associated with the boundary determination. Throughout the course of the field survey (which utilize both GPS and conven- tional survey techniques), adjustments can be made to further enhance the accuracy of the search loca- tions and minimize the amount of field time required to complete the survey. When survey results are returned from the field, they are compared to record deeds and maps and the boundary analysis is per- formed. With years of experience, we can efficiently and accurately complete the boundary process, com- TTOWILL SURVEYING I NGIS 13 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services piling an accurate and defendable survey. Towill's team of surveyors has the experience and knowledge to tackle any and all boundary surveys, from public land surveys to subdivision retracements and establishment of centerlines. Towill consistent- ly remains informed of changes in local, state, and federal laws pertaining to surveying and is very active in continuing education to ensure we remain current. When locations are returned from the field, they are compared to record deeds and maps, and the bound- ary analysis is performed. With our years of experi- ence, we can efficiently and accurately complete the boundary process, compiling an accurate and defend- able survey. According to the California Professional Land Survey- ors' Act, a Corner Record may be used to perpetuate, rehabilitate, or reestablish monumentation that has existed in the past in other circumstances; and, when more extensive work is required, or several monu- ments in the same area are in question, it may be necessary to file a Record of Survey map. Records of Survey will clearly identify project horizontal control, record map information, and additional data, and lines and calls prepared in the initial boundary surveys phase. Once a map is ready, our project manager will submit the document to the City for review and to Orange County for map checking. Any comments will be addressed, and the document will then be filed at the County Recorder's Office for recordation. These mapping items will be prepared in accordance with the California Subdivision Map Act, California Professional Land Surveyor's Act, California Public Resource Code, and the City of Santa Ana Municipal Code. These items will be discussed with the City and/or County agency where the property is situated. The anticipated deliverables for this item will vary depending on the requested subdivision mapping task requested. Map Checking Services Towill's team of professional surveyors are well qual- ified to perform map checking services for the City. In fact, the greatest testament to our expert working knowledge is that we are currently performing the exact same map checking as those noted in the City's RFP for the City of Fremont as well as Alameda and San Mateo Counties. We also served as a map rrSTDWINLGIS L checking subconsultant to MSN Engineering for their on -call contract with the City of Pasadena. Our experi- ence includes but is not limited to the preparation and review of parcel maps, tentative maps, subdivision maps, records of survey, and annexation maps. When preparing maps to support the division of land, knowledge of the Subdivision Map Act (SMA) is criti- cal. Subdivision and other related maps begin as any other boundary survey would, with research, field sur- veys, and boundary line determinations. Understand- ing the intent of the map guides the next step, where new lines may need to be determined for parcel splits or site features may be located to support a lot line adjustment or encumbrance map. Construction Staking Construction staking assignments begin with our checking and verifying project horizontal and vertical control prior to the commencement of construction layout work. Our crews will independently survey this control, and we will provide a project control report for use by the construction staking surveyor. When ground surveys, such as field quantity verification, subsidence, layout verification, or utility relocation surveys, are needed, all resulting data is smoothly integrated into final as -built or as -verified reports. A review of the construction plans is completed to determine if sufficient information has been provid- ed for us to perform construction staking from the plans; we also vigilantly check for errors or omissions. Missing information is tabulated and presented to the City for their review. When we see things that do not look right, our first step, upon review by the Project Manager, is always to alert the City. While we are not engineers, our experience with working from their plans has afforded us the insight to know when things do not appear to be in order and may need a second look. We regularly perform surveys to support the construc- tion of a wide range of projects for both public and private entities. Typically, the staking plan will be laid out in AutoCAD or other software if specified by the client. The project manager conducts a site reconnais- sance, coordinates with the client, and finalizes the field crew's action plan. Construction line and grade layout, whether it is Submitted October 24, 2019 14 for roads, sewer, water, storm drain, or grading, will require a swift response to avoid costly delays in construction. Towill often works in a survey con- struction management capacity and has developed profession -leading, efficient methods for work perfor- mance. Field crews are equipped with pre calculated horizontal and vertical alignments so that offsets can be determined at the time of staking and so that cuts and fills can be compared to design data at the point of collection. Many of Towill's survey crews are head- ed up by experienced LSITs with the ability to perform field calculations, field inspections, and problem -solv- ing when the need arises. All verification data is trans- ferred to Towill's database for secondary accuracy checks by office personnel. Limits of removal are staked based on approved plans and/or visual inspection in the field. Our crews have enough experience at this exercise to realize when things appear to be either insufficient or excessive. If it is believed that the removal limits either exceed or are inadequate for construction, we will advise City staff. The limits can be staked either at the actual location, such as paint on curb, or on an offset that can be used later for construction, thereby saving time and money. Examples of QA/QC steps for construction layout are calculating points from different starting points, comparing station and offset listings with plan sets, and graphic checks for irregularities. In the field, comparisons are made to existing structures, and the relationship of reference points are verified visually as they are set. As -staked shots are taken on points set to compare coordinates to the original calculated positions. Different personnel are called to examine items throughout the process to provide an indepen- dent check. Monument Preservation In keeping with Section 8771 of the California Busi- ness and Professions Code, Towill recognizes how critically important accurate and enduring survey mon- umentation and control is to the survey operations of both the City and the surveying community. Without the perpetuation of controlling monuments, countless additional hours of field and office work can occur for both public- and private -sector projects. Every project we undertake begins with a thorough Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services review of not only record information but also of the proposed construction in the area. Our project man- ager organizes the investigation into existing recorded documentation with the City of Santa Ana, Orange County, and other agencies. Records research is typ- ically performed by the project manager or under his direction. From this research, a plan of action is devel- oped for the preservation of existing monumentation and the setting of new points. Our first step in preserving the monumentation is to determine by field verification what monuments are still in place, which have been buried, and which have been destroyed. We then advise the City of our find- ings and plan an operation of setting tie points, which, based on our review of the construction documents, will be established outside proposed construction activities. Monumentation will be marked with either furnished (or as otherwise specified) disks, plugs, or tags, which shall be stamped with the project manager's California Professional Land Surveyor registration number, or as directed in each task. Monumentation shall be estab- lished or preserved for the project or project areas, and shall include considerations for utility locations, proper spacing, and durability. All monuments will be field referenced with a minimum of four (4) intersect- ing reference points, such as cut crosses on curbs, rebars outside the work area, or other approved refer- ence points. A pre -construction Corner Record will then be pre- pared and recorded with the County of San Bernardi- no for each monument. Corner Records shall include the character of the monument, its record reference, reference ties, and other pertinent data. All such field monumentation work will conform to Section 8771 of the California Business and Professions Code, which addresses the preservation of existing survey monu- ments. When construction has been completed, we return to the area and determine which monuments and/ or tie points will need replacement. In many instanc- es, damage to the existing monuments is limited. In cases where monuments are to be replaced, a dura- ble monument, as described above, or standard well monument, if required by the City, is established and post -construction Corner Records are filed. All doc- m TOWILL N- SURVEYING I MAPPING I GIS 15 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services umentation and Corner Records will be prepared to meet the requirements of both the City of Santa Ana and the County of Orange. Topographic Surveys Towill's primary business is land surveying and map- ping. Along with our extensive field and office survey staff, we also have an in-house photogrammetry group of professionals that enables us to perform mapping tasks using either ground- or aerial -based surveying methods, or a combination of the two. This allows us to most efficiently address the client's needs. Because our internal staff work together on every job, and on such a wide range of project types, we have full knowledge of which methods are most suitable to the task at hand, and how to communi- cate efficiently to develop a full understanding of your needs and how best to serve you. Planning is the most important tool to economically serve a project with a variety of field and office activi- ties. Towill performs field topographic surveys for de- sign to produce maps at a wide range of scales, using both GPS and conventional surveying equipment and techniques. Such surveys are typically performed to produce a detailed map for engineering design or as supplemental data collection to enhance and com- plete photogrammetric mapping. We have experience performing virtually every type of field topographic surveying task, including: • Detailed site surveys for design and construction purposes (including location of surface and underground utilities, monitoring wells, curb and gutter lines, and building pad elevations); • Cross-section and profiling along rivers, canals, and levees for hydraulic analysis and design; • Surveys of bridges and surrounding topography; • Surveys of tunnels and the interior of large diameter pipelines; and • Surveys to check and complement photogrammetric mapping. For many of our clients, Towill has conducted multiple site topographic surveys. We have in-house access to some of the latest technology available for these types of tasks. Utilizing robotic one-man instruments allows us to have more experienced field staff con- ducting our topographic data acquisition. With very rJ TOWISURVEYING I NLGIS L precise and accurate measuring devices, we often uti- lize reflectorless technology to acquire the information needed within streets and other areas of heavy traffic without impeding traffic flow. Whether the site is large or small, with Towill's unique capability to complete photogrammetric compilation in house, we will be able to find the most economical solution to your needs. Photogrammetric Mapping Photogrammetric mapping is the process by which aerial photography is used to produce planimetric and topographic maps of the earth's surface and features of the manmade environment. Photogrammetric mapping represents a very important business line for Towill, accounting for an average of 35% of our company's annual revenue. Moreover, photogram- metric mapping is not an ancillary professional service at Towill; many of our most highly accomplished and experienced personnel have dedicated their careers to advancing Towill's photogrammetry operations and providing a level of service far above the competition. Prior to the execution of the primary data collection mission described herein, Towill will either recov- er and target existing ground control positions, or, if needed, establish and target new ground control positions throughout the AOL Using the digital image, ground control, and ABGPS/IMU data, Towill will pre- pare a Fully Automated Analytical Aerotriangulation (FART) solution to establish supplemental control for orienting individual photogrammetric stereo -models covering the entire AOL Upon completion of the FAAT solution, survey/map documents, such as planimetric features, contours, or color orthophotography, can be prepared as -needed anywhere and at any time within the AOL Boundary and Right of Way Surveys Towill has extensive experience and expertise in boundary and property surveys for land and parcel determination, performing tens of thousands of sur- veys over our 64-year history. The initial step to any successful boundary survey is performing the proper research of land records. Public records research is required to identify primary control, right-of-way infor- mation, and boundary lines, or lines of occupation, before performing the work. Research may be per- formed at city or county offices, utility agencies, title Submitted October 24, 2019 companies, or other appropriate sources. Necessary records are identified, organized, and analyzed for the field and office tasks. Once the research is complete and all documentation associated with a boundary has been analyzed, we can prepare highly accurate calculations of where we can expect to locate monumentation associated with the boundary determination. Throughout the course of the field survey (which utilize both GPS and conven- tional survey techniques), adjustments can be made to further enhance the accuracy of the search loca- tions and minimize the amount of field time required to complete the survey. When survey results are returned from the field, they are compared to record deeds and maps and the boundary analysis is per- formed. With years of experience, we can efficiently and accurately complete the boundary process, com- piling an accurate and defendable survey. Towill's team of surveyors has the experience and knowledge to tackle any and all boundary surveys, from public land surveys to subdivision retracements and establishment of centerlines. Towill consistent- ly remains informed of changes in local, state, and federal laws pertaining to surveying and is very active in continuing education to ensure we remain current. When locations are returned from the field, they are compared to record deeds and maps, and the bound- ary analysis is performed. With our years of experi- ence, we can efficiently and accurately complete the boundary process, compiling an accurate and defend- able survey. According to the California Professional Land Survey- ors' Act, a Corner Record may be used to perpetuate, rehabilitate, or reestablish monumentation that has existed in the past in other circumstances; and, when more extensive work is required, or several monu- ments in the same area are in question, it may be necessary to file a Record of Survey map. Records of Survey will clearly identify project horizontal control, record map information, and additional data, and lines and calls prepared in the initial boundary surveys phase. Once a map is ready, our project manager will submit the document to the City for review and to Orange County for map checking. Any comments will be addressed, and the document will then be filed at the County Recorder's Office for recordation. Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Deliverables Major deliverables anticipated with this on -call project include, but are not limited to, the following: • CVS point file in P,N,E,Z,D of survey points • PDF copy of Field Notes • One set of stakes set in the field • Planimetric features in MicroStation V8 format • DTM surface data in MicroStation V8 format • PDF copy of Pre -Construction Corner Records • PDF copy of Post -Construction Corner Records • Pictures collected in the field • Cut sheets • Color digital orthophotography in GeoTIFF format • Design -scale contours • Record of Survey report • Hard copy survey/map documents • Miscellaneous project reports Schedule/Timeline Considering that the City intends to enter into an on - call contract that will have a wide range of scope, we are not able to provide a schedule for work that is yet to be defined. However, within our response to the City's RFP, we have demonstrated our ability to re- spond to the most demanding of schedules. To further support this claim, we offer the following schedule as an example of a project we recently completed for a nearby city in San Bernardino County. The scope of this project included construction sur- vey and staking services for a federally funded Safe Routes to School improvement project with two proj- ect locations totaling approximately 1.1 miles of dense urbanized roadway. Improvements at each location included bicycle lanes, sidewalk, curb and gutter, ADA-accessible curb ramps, commercial driveways, residential driveways, and asphalt concrete pavement for minor street wid- ening. Towill's scope of services included the following: • Site control through the recovery of street centerline monumentation and establishment of temporary site control for staking operations; • Rough grade stakes for rough grading and clearing and grubbing; • Asphalt concrete and concrete demo limits; TTOWILL SURVEYING I NGIS 17 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services Grade stakes for curb and gutter, driveway replacement/reconstruction, existing utility finish grade adjustment, and under sidewalk drains; Monument preservation; and Miscellaneous surveying by a two -person crew (the Client requested a budget of 80 hours). I IL Research, Coordination, and Meetings Site Control Rough Grade Stakes: Rough Grading / Clearing & Grubbing Asphalt Concrete & Concrete Demo Limits Grade Stakes: Curb & Gutter Grade Stakes: Driveway Replacement / Reconstruction Grade Stakes: Existing Utility Adjustment Grade Stakes: Under Sidewalk Drains Monument Preservation and Corner Records Miscellaneous As -needed Surveying: Two -Person Crew Fee Proposal As requested in the RFP, our fee proposal is included in a separately sealed envelope labeled "Fee Proposal." Certifications Signed certification forms are included in the Appendix. T STDWINLGIS L Submitted October 24, 2019 18 C Appendix Per the requirements of the City's RFP, Towill has included the required forms and documents listed below on the following pages. • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial Management System • Resumes for all proposed team members Submitted October 24, 2019 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services m TOWILL N_ SURVEYING I MAPPING I GIS 19 City of Santa Ana RFP No. 19-090 Professional Land Surveying Services TTOWILLSURVEYING I NGIS Submitted October 24, 2019 20 Appendix ATTACHMENT 3-1 o NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by 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, organization, bid depository, or to any member or agent thereof to effectuate 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 -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed I- is �, `,4 en c� State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature SEE ATTACHED CALIFORNIA JURAT Notary Public Seal City of Santa Ana RFP w. Page A13-1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa Subscribed and sworn to (or affirmed) before me on this 21st day of October , 20 19, by Aaron Badavinac proved to me on the basis of satisfactory evidence to be the persono) who appeared before me. CATHY A. SHAPARD Commission # V341 10 Notary Public - Californal Contra Costa County My Comm. Wires Dec 14. 2019 (Seal) Signature `Oa Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Towill, Inc. Signed and Printed Name:'g-ern �:�sL- Aaron Badavinac Title Chief Financial Officer Date October 18, 2019 City of SarU Ana RFP Page A3-2 24 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Sards Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed Title: Chief Financial Officer Firm: Towiil, Inc. Date: October 18, 2019 City of Sardra Ana RFP Page A3-4 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description. On -Call Professional Land Surveying Services 4. Project Location: Citywide (Santa Ana, California) 5. Consultant's Name: Towill, Inc. 2. Contract DBE Goal: 0.5% 6. Prime Certified DBE: 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information ° 10. DBE /° Supplied Number Field surveying support �' g pp 31 10 Chaudhary & Associates, 707.255.2729 Suite 10% 211 Gateway Road W, 204, Napa, CA 94558 Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 10 18. Federal -Aid Project Number: 19_ Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate required. 10/18/2019 12. Preparer's Signature 13. Date Aaron Badavinac 925.682.6976 14. Preparer's Name 15. Phone Chief Financial Officer 16. Preparer's Title DISTRIBUTION: Original — included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 27 January 2019 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 0.5% 3. Project Description: On -Call Professional Land Surveying Services 4. Project Location: Citywide (Santa Ana, California) 5. Consultant's Name: Towlll, Inc. 8. Total Dollar Amount for ALL Subconsultants: TBD 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: TBD 9. Total Number of ALL Subconsultants: TBD 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Field surveying support y g pp 3110 Chaudhary & Associates, 707.255.2729 211 Gateway Road W, Suite 204 TBD Napa, CA 94558 Local Agency to Complete this Section $TBD 20 Local Agency Contract Alit he 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22. Contract Execution 10 r)ntP' Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Aaron Badavinac 925.682.6976 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Chief Financial Officer 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page l of 2 28 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: TOWIII, Inc. Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub -recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Combined Rate 190.75 % OR Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable) Fiscal period * 0 110 1 /18 - 12/31 /18 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally - funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 1 I2(b)(2); 48 CFR Part 31.201-2(d), 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page 1 of 2 March 2018 29 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal -Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties - 23 CFR Part 172.11 LL • False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031 All A&E Contract Information: • Total participation amount $ 1,036,250 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 2 • Years of consultant's experience with 48 CFR Part 31 is 20 • Audit history of the consultant's current and prior years (if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans ICR Audit ❑ CPA ICR Audit ❑ Federal Gov't 1CR Audit I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Aaron Badavinac Signature:�- Email**: aaron.badavinac@towill.com Title**: Chief Financial Officer Date of Certification (mm/dd/yyyy): 10/18/2019 Phone Number**: 925.682.6976 ext. 1001 **An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kfornz is accepted and approved by Caltrans Audits and Investigations. Distribution: 1) Original - Local Agency Project File 2) Copy - Consultant 3) Copy - Caltrans Audits and Investigations Page 2 of 2 March 2018 30 TOWILL SURVEYING I MAPPING I GIS 500 S. MAIN STREET SUITE 540 ORANGE, CA 92868 949.261.1900 TEL WWW.TOWILL.COM EXHIBIT C TTOWILL SURVEYING I MAPPING I GIS Name/Title/Classification Marvin Miller*- Principal -in -Charge Jake Kruger* - Principal Land Surveyor James Rios* - Survey Project Manager Frank Borges* - QA/QC Lead Senior Land Surveyor Project Surveyor Associate Surveyor Survey Office Technician Survey CADD Technician Project Coordinator Geomatics Specialist Senior Geomatics Analyst Geomatics Analyst Geomatics Technician Certified Party Chief" Licensed Party Chief" Party Chief Chainman/Rodman** Apprentice CITY OF SANTA ANA, CALIFORNIA LAND SURVEY SERVICES HOURLY RATE SCHEDULE Effective April 1, 2023 - March 31, 2028 Base Year Year 2 Year 3 Year 4 Year 5 $239.87 $251.86 $264.46 $277.67 $291.55 $246.01 $258.32 $271.24 $284.80 $299.04 $198.29 $208.21 $218.63 $229.57 $241.05 $246.01 $258.32 $271.24 $284.80 $299.04 $253.40 $266.06 $279.37 $293.34 $308.02 $176.26 $185.08 $194.33 $204.05 $214.25 $148.24 $155.66 $163.43 $171.62 $180.19 $125.18 $131.45 $138.04 $144.94 $152.20 $95.53 $100.30 $105.32 $110.60 $116.13 $94.70 $99.43 $104.39 $109.60 $115.07 $253.40 $266.06 $279.37 $293.34 $308.02 $164.71 $172.96 $181.60 $190.68 $200.21 $118.59 $124.51 $130.74 $137.27 $144.15 $100.49 $105.51 $110.79 $116.32 $122.14 $196.88 $206.73 $217.07 $227.91 $239.29 $202.32 $212.43 $223.05 $234.21 $245.91 $190.33 $199.86 $209.84 $220.33 $231.33 $173.60 $182.27 $191.38 $200.95 $210.99 $138.87 $145.81 $153.10 $160.74 $168.77 AUTHORIZED OVERTIME LABOR RATES Saturdays and over 8 hours on weekdays -1.5 times the above Regular Rate I Sundays and Holidays - 2.0 times the above Regular Rate NOTES: 1. Key personnel are indicated with an asterisk and employees subject to prevailing wage requirements are indicated with 2 asterisks. 2. Non -Exempt personnel are indicated with italic text. 3. Escalated hourly rates will take effect on April 1 of each subsequent year following the contract base year (04/01/23 - 03/31/24). 4. Field survey personnel and crews are invoiced a minimum of 4 hours per mobilization and then in 2 hour increments up to 8-hours.