HomeMy WebLinkAbout25F - AGMT - ON- CALL ENGINEERING SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 1, 2014
TITLE:
AGREEMENT WITH MULLEN AND
ASSOCIATES, INC., FOR ON -CALL
ELECTRICAL ENGINEERING DESIGN
SERVICES
CITY MAOAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Mullen and
Associates, Inc., subject to nonsubstantive changes approved by the City Manager and City
Attorney, to provide on -call electrical engineering design services, for a one -year term expiring
March 31, 2015, with the option to extend for two additional one -year terms by written authorization
of the City Manager and the City Attorney, for a maximum of three years, in an amount not to
exceed $300,000.
DISCUSSION
Approval of this recommended action will allow the City to enter into an agreement with Mullen and
Associates, Inc., for on -call electrical engineering design services on an as- needed basis in
support of capital improvement projects. These electrical engineering services may also include
feasibility assessments, energy analyses, preparation of contract documents, permitting and
construction assistance. On -call electrical engineering services have been used for City projects
such as the Garfield Fitness Park security lighting and irrigation system; Plaza Santa Ana exterior
plaza lighting; and security /walkway lighting for Jerome, Madison, and Mabury parks. The
agreement is for a one -year period. However, if additional time is needed to complete the work,
only the term may be extended by written authorization of the City Manager and the City Attorney.
On January 9, 2014, the Public Works Agency released a Request for Proposals on the City's
website, and also notified qualified consulting firms. Five proposals were evaluated and ranked by
a review committee comprised of personnel from various City agencies. Ranking criteria included
firm and personnel experience, understanding of need, relevant project experience, and
references. The rating of the five firms is as follows:
25F -1
Agreement for On -Call Electrical Engineering Services
April 1, 2014
Page 2
NAME OF FIRM
RATING
Mullen & Associates, Inc.
97.0
Henrickson Owen
95.8
Salas O'Brien
87.3
T- Squared Professional Engineers, Inc.
86.0
Parkia, Inc.
80.8
Following evaluation and ranking, the fee rate schedule for the top two ranked firms were opened
and reviewed. They were found to be consistent and reasonable. Because of their ranking, staff
recommends that Mullen & Associates, Inc., be retained for on -call electrical engineering design
services.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
These services are on an on -call basis and will be used only when funds are available in the
Capital Improvement Program.
APPROVED AS TO FUNDS AND ACCOUNTS:
Edwin "William" a'�vez, P.E. Francisco Gutierrez
Interim Execu it e Director Executive Director
Public Works Agency Finance and Management Services Agency
ATITE iti9ti
Exhibit: 1. Agreement
25F -2
AGREEMENT WITH MULLEN & ASSOCIATES, INCORPORATED. FOR ON -CALL
ELECTRICAL ENGINEERING DESIGN SERVICES
THIS AGREEMENT, made and entered into this I st day of April, 2014 by and between
Mullen & Associates, Incorporated, a California corporation (hereinafter "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. The City desires to retain a consultant having special skill and knowledge in the field of
electrical engineering and design. The City desires to retain said consultant to perform
electrical engineering and design consulting services on an "on- call" basis.
B. The City, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ( "HUD ") Community Development Block Grant
( "CDBG ") Program, desires to enter this Agreement with the Consultant for the
expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CPR 570.000, et seq. ( "CDBG Regs ").
C. Consultant represents that Consultant is not listed as debarred, is able and willing to
provide such services to the City, and will comply with the CDBG Regs.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field,
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform electrical engineering and design consulting services on an "on-
call" basis as set forth in the City's Request for Proposals dated January 9, 2014, attached as Exhibit
"A" to this Agreement and incorporated herein by reference. Said services shall be provided by
Consultant's persomiel and sub- consultants as set forth in consultant's proposal dated January 30,
2014, on file at the Santa Ana Public Works Agency.
2. COMPENSATION
a. The City agrees to pay, and Consultant agrees to accept as payment for its services the
rates acid charges identified in Exhibit "B" attached hereto and incorporated herein by reference,
Exhibit 1
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The total sum to be expended under this Agreement shall not exceed Three Hundred Thousand
Dollars ($300,000.00) during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be, expected by City.
3. TERM
This term of this Agreement shall be for one (1) year, commencing on April 1, 2014 and
expiring March 31, 2015, with the option to extend for two additional one -year terns by written
authorization of the City Manager and the City Attorney, for a maximum of three years, in an
amount not to exceed $300,000.00.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City This Agreement is not intended nor
shall it be construed to create an employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. 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. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles, The
amounts of insurance shall be not less than the following; single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
not contributory with respect to insurance or self - insurance programs maintained by the City;
and (o) contain standard separation of insured's provisions.
25F -4
h, Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles,
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self- insurance. Prior to commencing
the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney,
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination, Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to 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 health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, 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
25F -5
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 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.
CONSULTANT'S OBLIGATIONS
A. No Conflict. To the best of Consultant's knowledge, Consultant's execution,
delivery and performance of its obligations under this Agreement will not constitute a default or
a breach under any contract, agreement or order to which Consultant is a party or by which it is
bound.
B. No Bankruptcy. Consultant is not the subject of any current or threatened
bankruptcy proceeding,
C. No Pending Legal Proceedings /Debarment. Consultant is not the subject of a
current or threatened litigation that would or may materially affect Consultant's performance
under this Agreement, Consultant further acknowledges that it is not on the list of debarred
contractors.
D. No Pending Investigation. Consultant is not aware that it is the subject of any
current or threatened criminal or civil action investigation by any public agency, including
without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing its operations. Consultant shall ensure
that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing Consultant's operations hereunder.
F. Audit Report Requirements. Consultant agrees that if Consultant receives Five
Hundred Thousand Dollars ($500,000,00) or more in federal funds, Consultant shall have an annual
audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. Consultant shall provide City
with a copy of said audit by October 1 of the year following the program year in which this
Agreement is executed, if applicable.
G. Record Keeping/Reporting. Consultant shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570,000, et seq.
II. Access to Records. City and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining Consultant's activities and
performance, to books, documents and papers, and the right to examine records of Consultant's
25F -6
subcontractors, bookkeepers and accountants, employees and participants in regard to said program.
City and the United States Government and /or their representatives shall also schedule on -site
monitoring at their discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any promises or any site in
which any of the services or activities funded hereunder are conducted or in which any of the records
of Consultant are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
1. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and
all documents related to this Agreement shall be maintained and kept available at Consultant's
office or place of business for the duration of the Agreement and thereafter for five (5) years
after completion of an audit in conformity with the CDBG Regs. Records which relate to (a)
complaints, claims, administrative proceedings or litigation arising out of the performance of this
Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental
agency takes exception, shall be retained beyond the four (4) years until complete resolution or
disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not
make the above - referenced documents available within the City of Santa Ana, California,
Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any
audit at the location where said records and books of account are maintained.
J. Confidentiality. Without prejudice to any other provisions of this Agreement,
Consultant shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in accordance with the requirements of federal and state law. However,
Consultant shall submit to City and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred
and services rendered hereunder.
K. Lobbying, Consultant certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any
person for influencing or attempting to influence an officer or employee of any agency, Member of
Congress, or an officer or employee of a Member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative agreement
and the extension, renewal, amendment or modification of any federal contract, grant, loan or
cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions.
L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries
and other related administrative or personnel costs, no persons who exercise or have exercised
5
25F -7
any function with respect to activities assisted under the terms of this Agreement, or who are in a
position to participate in a decision - making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from a City- assisted activity of
Consultant, either for themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. This prohibition applies to any person who is an agent,
employee, consultant, officer, or elected or appointed official of City, or of any designated public
agency or the Consultant.
M. Drug Free Workplace. Consultant certifies that it has established the following drug -
free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of Consultant will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of Consultant and City officials of any
criminal drug statute conviction for a violation occurring in the workplace not later
than five days after such conviction.
3. The City and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
N. Nondiscrimination. Consultant agrees that no person on the ground of race, age,
color, national origin, disability, religion or sex will be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity fimded in whole
or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
o. Conflict of Interest. 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. Further, any conflict or potential conflict of interest
of any employee /officer of Consultant shall be fully disclosed in writing prior to the execution of
25F -8
this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof
Notice shall be sent by Consultant to City regarding any changes or modifications to its board of
directors and list of officers.
P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of
any person to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by Consultant. For the purposes of this section,
the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law,
sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uuicle, niece, nephew,
stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities,
S. ASSIGNABILITY
None of the duties of, or work to be performed by, Consultant under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of
City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to
City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant
pursuant to this Agreement.
9. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, Consultant shall only be entitled to reimbursement for
approved expenses incurred prior to the effective date of termination,
B. This Agreement may be suspended or terminated by City upon five (5) days' written
notice for violation by Consultant of Federal Laws governing the use of Community Development
Block Grant Funds. hr the event of such suspension or termination, Consultant shall only be
entitled to reimbursement for approved expenses incurred up to the effective date of suspension or
termination.
C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or
any of its obligations hereunder, City may declare a default and termination of this Agreement by
written notice to Consultant, which default and termination shall be effective on a date stated in the
notice which is to be not less than ten (10) days after certified mailing or personal service of such
notice, mrless such default is cured before the effective date of termination stated in such notice, If
terminated for cause, City shall be relieved of further liability or responsibility under this
Agreement, or as a result of the termination thereof, including the payment of money, except for
payment for approved expenses incurred for services satisfactorily and timely performed prior to the
mailing or service of the notice of termination, and except for reimbursement of (1) any payments
made for services not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by City in obtaining substitute performance.
D. The grant of fiords under this Agreement may be terminated for convenience in
accordance with 24 CFR 85,44.
25F -9
10. VENUEMUKISDIUHUIN
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.
11, VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
12. 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 telefacsimile 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, California 92702 -1988
With courtesy copies to:
and,
Public Works Agency — Executive Director
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, CA 92702 -1988
City Attomey
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
25F -10
Consultant:
Larry D, Mullen, President
Mullen & Associates, Incorporated
1200 N. Jefferson St., Unit "D"
Anaheim, CA 92807
Phone: 714 -632 -6620
Facsimile: 714 - 632 -3849
13. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify Agency fatly, including reasonable costs and attorney's fees, for any injuries or damages
to Agency 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,
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof, A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
[Continued on final page].
25F -11
IN WITNESS WHEREOF, the parties hereto have exeented this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR DAVID CAVAZOS
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
SONIA R. CARVALHO
City Attorney
By: By:
J e Str NAME
Assistant City Attorney TITLE
Tax ID#
10
25F -12
KEY RFP DATES:
Issue Date:
Letter of Intent:
Proposal Due Date:
Projected Award Date:
01/08/14
REQUEST FOR PROPOSALS (RFP)
FOR
ON -CALL
ELECTRICAL ENGINEERING SERVICES
RFP NO.: 14 -003
CITY OF SANTA ANA
Santa Ana Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Suzi Furjanic
Project Manager
(714) 571 -4241 Office
sfu rian ic(a7santa -a na.org
Thursday, January 9, 2014
Tuesday, January 21, 2014
Monday, February 3, 2014; 5:00pm
Monday, March 3, 2014
Exhibit A
City of 2nta aa1 3 14 -003
(a)
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for "On -Call" Electrical
Engineering Services.
Responses to this Request for Proposals (RFP) will be accepted until Monday, February 3, 2014 at 5:00 p.m.
Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure
that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal
due date and time.
All notifications, updates and addenda will be posted on the City's RFP Bid page at santa- ana.ora /bids -rips.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure
to respond to required updates may result in a determination of a nonresponsive proposal. Questions
regarding this Request for Proposals shall be made in writing via e -mail to the Project Manager as identified on
the cover of this RFP and per "Instructions To Proposers Section I I.0 ".
Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 14 -003; "ON- CALL" ELECTRICAL ENGINEERING SERVICES
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Suzi Furjanic
Public Works Agency;
20 Civic Center Plaza; 3rd Floor, Ross Annex
Santa Ana, CA 92701
Proposals shall be MAILED, HAND DELIVERED, OR COURIERED.
LATE, TELEGRAPHIC, ELECTRONIC OR FACSIMILE PROPOSALS WILL NOT BE CONSIDERED.
LETTER OF INTENT
Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the
required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email
and shall include the following information:
1. Use formal company letterhead.
2. Indication of company interest in the RFP.
3. Acknowledgement of candidate's responsibility to monitor the City's website for any
amendments or modifications to the RFP.
4. Provision of correct, complete contact information.
City of Santa Ana RFP 14 -003
26P!14
(a)
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ELECTRICAL ENGINEERING SERVICES
RFP NO. 14 -003
TABLE OF CONTENTS
I. INTRODUCTION/ DESCRIPTION OF WORK
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE - PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
I. STATEMENT OF QUALIFICATIONS
II. FEE PROPOSAL
III. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION
A. KICK -OFF MEETING
B. NOTICE TO PROCEED
City of Santa Ana RFP 14 -003
25`x° l 5
u
VII. PUBLIC RECORDS
VIII. APPENDIX
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: SAMPLE AGREEMENT
EXHIBIT C: CERTIFICATIONS
City of Santa Ana RFP 14 -003
2V:16
(9)
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ELECTRICAL ENGINEERING SERVICES
RFP NO. 14 -003
I. INTRODUCTION / PROJECT DESCRIPTION
The City of Santa Ana is seeking a qualified firm to provide electrical engineering services on an
"On -Call" basis. The total cost for the contract shall not exceed $300,000. A detailed Scope of
Work and agreement terms are attached as part of the Appendix.
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information
in RFP. The City will provide only the staff assistance and documentation specifically referred to
herein.
Upon contract award, City will:
• Provide copies of available plans and existing documentation on file.
• Provide standard city boilerplate specifications.
• Furnish electronic design file with City title block and title sheet (24" x 36 ")
• Process plans for governmental agency approvals having jurisdiction over the project and
pay for all plan check fees.
• Act as a liaison with the appropriate decision making bodies.
• Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid
documents are the responsibility of the consultant.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its
proposal. The selected proposer shall identify a sole point of contact with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the Project
Manager (contact information as noted on the cover page to this RFP) no fewer than five (5)
calendar days prior to the date and time set for opening of proposals. No verbal requests or
responses will be accepted. Significant interpretations or clarifications will be addressed via
addenda to this RFP.
City of Santa Ana RFP 14 -003
2V!17
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's website,
santa- ana.org /bids -rfps as set forth in the Notice Inviting Proposals. Addenda shall become part
of the agreement documents.
E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within
ten (10) business days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses /permits required by the
Scope of Work, attached herein as Exhibit A, as part of the Appendix.
F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set forth in
the Scope of Work within ten (10) business days after receipt of notice that the contract has been
awarded. Failure to provide the required insurance certificates shall be cause for the annulment of
the award and the forfeiture of the proposal guaranty.
G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10)
business days after the successful proposer has received notice that the contract has been
awarded. The packet is available on the City's website: santa- ana.org /bids -rips.
H. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
I. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non- responsiveness or non -
responsibility may submit, in writing within five (5) business days, to the Project Manager, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5)
business days. If no action is taken within such time, there shall be no change to the staff
determination. The exercise by Proposer of its right to submit written concerns shall be a
condition precedent to seeking judicial review of any award of a contract hereunder.
III. SUBMITTAL REQUIREMENTS
A. GENERAL
I. Number of Copies and signature: Four (4) hard copies and one (1) digital file on USB Flash
Drive (or equivalent) of your Statement of Qualifications shall be signed by a company
official with the power to bind the company and submitted to the City of Santa Ana, per the
City of Santa Ana RFP 14 -003
RX �.
instructions above under "Notice Inviting Proposals ". One (1) copy of your Fee Proposal
shall be submitted, as outlined below.
II. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set
forth above in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
I. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED
PAGES (excluding front and back covers, section dividers and exhibits). Font size shall be
minimum 11 -pt. The page limitation includes all appendices, attachments, and supplemental
information.
1. Cover Letter — Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity.
2. Firm and Personnel Experience: Proposal shall include a profile of the firm's
experience. Include resumes of project team /sub - consultants who will be providing
services, that outline their technical and design experience. At a minimum, this should
include the project manager /principal agent, associates in charge when project
manager /principal agent is unavailable, key personnel, and an organization chart
identifying only those who will perform work for the proposed project and the
percentage of each individual's time devoted to this project. The project
manager /principal agent shall be the primary contact person to represent your firm and
will be the person to conduct the presentation, if invited for an interview.
3. Proiect Understanding Statement: A statement outlining the firm's understanding of the
scope of work, anticipated approach, suggestions or special concerns that the City
should be made aware of, and tasks you feel are necessary for successful completion.
Identify any assumptions and /or exclusions used in preparation of the scope of work
and associated fee estimate.
4. Relevant Project Experience: Proposal shall include a list of projects which your firm or
personnel have completed within the last 5 years, including significant work with public
agencies. Project information should include project description, year completed, client
name, along with a person to contact and their telephone number.
5. References: Proposal shall include a listing of relevant projects, along with project
exhibits, and references for three public entities for which Proposer has performed
similar work within the past five (5) years.
11. FEE PROPOSAL:
Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a
separately sealed envelope, clearly labeled as "Fee Proposal ".
The fee proposal will not be opened until the proposals have been evaluated by the
proposal selection committee. The City will select the consultant based on qualifications,
and then negotiate a contract price based on available funding.
City of Santa Ana RFP 14 -003
26P219
III. CERTIFICATIONS:
The following forms shall be signed and included as part of the proposal submittal package:
• Exhibit C -1: Non - Collusion Affidavit
• Exhibit C -2: Non - Lobbying Certification
• Exhibit C -3: Department of Housing and Urban Development Section 3 Contract Clause
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm and Personnel Experience
20%
• Understanding of Need
20%
• Relevant Project Experience
20%
• References
20%
• Price /Fee
20%
The City has established a proposal review committee to evaluate proposers based on the
response to the RFP and the City evaluation criteria set forth above. A final score will be
calculated for each submitted proposal and used to rank the proposers.
B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the
contract to the proposer who will provide the best value to the City. City reserves the right to
begin negotiations and enter into a contract without interview or further discussions.
V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Project Manager will
recommend award of a contract to the proposer providing the best value to the City.
B. EXECUTION OF AGREEMENT
A sample Agreement is attached herein as an Exhibit as part of the Appendix. `Proposer" will
hereinafter be referred to as "Consultant'
The term of the contract will begin after the contract agreement is fully executed, and all
required bonds, insurance documents and contents of the Information Packet have been
received and approved.
VI. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation
of the RFP will become property of the City. All responses to the RFP shall become property of the
City. Proposer information identified as proprietary information shall be maintained confidential, to
the extent allowed under the California Public Records Act.
City of Santa Ana RFP 14 -003
25P -20
APPENDIX
EXHIBIT A
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ELECTRICAL ENGINEERING SERVICES
RFP NO. 14 -003
General:
The City is soliciting proposals from professional electrical engineering firms to provide electrical engineering
design services to prepare contract documents (plans, specifications and "Opinions of Probable Cost ") and to
provide limited field observation and construction support on an as needed basis. The total amount of each
contract shall not exceed $300,000. A detailed scope of work will be outlined when specific project is assigned
to a consultant.
From the proposals received, the City will enter into an agreement with the selected firm(s)
The work, in general, consists of general lighting and other projects requiring electrical engineering of City
owned facilities citywide. The projects may include new construction or retrofitting /renovation of existing
structures, site lighting, landscaping and irrigation systems, and other related projects as required.
The consultant must be able to assist the City through this contract to provide the services needed. The
consultant shall utilize in -house staff and /or sub - consultants satisfactorily to the City to complete the
assignments. If any specialized work for is required where the prime consultant will require a sub - consultant,
the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The
prime consultant mark -up for sub - consultants shall not exceed 10 %.
The proposal shall be limited to fifteen (15) pages, excluding any appendices material. A cover letter shall
summarize key factors and guarantee that key personnel shall be committed to perform the required tasks
throughout the duration of the contract.
Detailed Scope:
The Consultant's services shall include, but not be limited to, the following:
1. Research existing utility company and City records and coordinate proposed improvements with existing
field conditions.
2. Provide all field survey and topographic work necessary to complete the design effort. All survey field
notes shall be submitted to the City and shall become property of the City upon completion of the project.
3. Assess and incorporate all design criteria and construction requirements conforming to the City of Santa
Ana and other governmental agency requirements including, but not limited to The State of California
Building Code 2013 Edition, the 2013 California Electrical Code, flood zone requirements, fire and security
codes.
4. Complete design of projects including plans, specifications, and "Opinions of Probable Cost ". Consultant
shall contact manufacturers and /or contractors to verify these costs prior to submitting to the City.
City of Santa Ana RFP 14 -003
26F221
Specifications shall be written in Microsoft Word and an electronic copy of the final version shall be
furnished to the City. The City will provide the specification boiler plate to the Consultants.
5. Provide digital files in CAD or Microstation which are formatted to produce drawings at 24" x 36" scale, on
City standard title block and title sheet. City shall provide reference files for cover sheet and title blocks.
6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and
stamped by the Consultant's licensed professional engineer in responsible- charge of the project. These
signed originals shall then become the property of the City.
7. Upon completion of construction, as- builts shall be submitted to Consultant. Consultant shall incorporate
all changes to the plans electronically with all necessary revision notations. Once plans have been
updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy of the final
as -built drawings via CD or e -mail.
8. Consultant shall tightly control the quality of the work performed by in -house staff and /or sub - consultants.
Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant
shall need to revise the documents within a revised schedule set by the City, which may require overtime.
No additional regular or overtime hours shall be approved for the required revisions.
9. Attend meetings with City's staff as required.
10. Coordination with other Agencies as required.
11. Plan check coordination with the City of Santa Ana and other agencies as required.
12. Consultant shall provide construction support and be required to review and approve addenda and
clarifications to plans and specifications. Consultant shall attend pre- construction meetings, attend initial
job walk, final walk- through and assist with preparation of punch list, and attend final inspection as
requested by City staff.
City of Santa Ana RFP 14 -003
2SP-22
APPENDIX
EXHIBIT B
SAMPLE AGREEMENT
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ELECTRICAL ENGINEERING SERVICES
RFP NO. 14 -003
THIS AGREEMENT, made and entered into this day of , 20_ by and between
(hereinafter "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 (hereinafter "City ").
RECITALS
1. The City desires to retain a Consultant having special skill and knowledge in the field of
Consultant represents that Consultant is able and willing to provide such services to the City and is
licensed by the State of California to provide
3. 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 firm.
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:
SCOPE OF SERVICES
Consultant shall provide services, as set forth in the, Scope of Services attached hereto as
Exhibit A, and incorporated by this reference. Said services shall be provided on an on -call basis, at
the written request of the Executive Director of Public Works.
DEFINITIONS (if any)
III. TERMS AND CONDITIONS
A. OWNERSHIP OF REPORTS AND DOCUMENTS
Upon completion of all work under this Agreement, ownership and title to all reports, documents,
tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this
Agreement shall be delivered to, and become the property of City. Basic survey notes and
sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement
shall be made available upon request of the City without restriction or limitation on their use.
Contractor shall furnish the City all necessary copies of data needed to complete the review and
approval process.
B. TERM
The term of this Agreement shall commence the date of City Council award and approval of all
insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth
in Section H, below. City is hereby granted an option to renew for up to ( #) additional
( #) - year periods on the terms and conditions set forth herein. Said options shall be
26P-23
exercised in writing executed by the City Manager, at least thirty (30) days prior to the end of the
initial term or any extension thereof.
C. COMPENSATION
1. City agrees to pay and Consultant agrees to accept as total payment for its services, the
rates and charges set forth in Consultant's proposal, attached hereto and incorporated
by reference. The amount to be expended for services shall not exceed
($) annually during the term of this agreement.
2. Invoices
a. The Consultant shall submit a monthly invoice by the fifteenth of the month to the
City for the services rendered in the prior month.
b. All invoices for work performed under this Agreement shall be submitted in a format
approved by the City. Invoices shall include the following information at a minimum:
L Consultant's invoice number
ii. Beginning and ending dates for services
iii. City project number and /or name (if applicable)
iv. Work site address /location (if applicable)
V. Tasks or deliverables completed, and % of total services completed
3. Payment by City shall be made within sixty (60) days following receipt of proper invoice,
subject to City accounting procedures. Payment need not be made for work which fails to
meet the standards of performance of a professional parking control enforcement services.
4. Extra Work
No additional work shall be authorized unless a separate estimate is given for said work
and the estimate is approved by the City in writing before the work is commenced. The
Consultant will be required to provide detailed information of such extra work. Work
performed prior to obtaining written approval of the City shall not be included within the
Scope of Work and may not be paid.
D. 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 manner in which Consultant performs the
services required by 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.
E. 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:
Commercial General Liability Insurance: Consultant shall maintain commercial general
City of Santa Ana RFP 14 -003
26P24
liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting there from and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in
the performance of this agreement, including, without limitation, acts involving vehicles.
The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two
Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City,
its officers, employees, agents, volunteers, and representatives as additional insured(s);
(b) be primary and not contributory with respect to insurance or self- insurance programs
maintained by the City; and (c) contain standard separation of insureds provisions.
2. Business Automobile Liability Insurance, or equivalent form, with a combined single limit
of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
3. Worker's Compensation Insurance: In accordance with the provisions of Section 3300
of the Labor Code, Consultant is required to be insured against liability for Workers'
Compensation or to undertake self- insurance. Prior to commencing the performance of
the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than One Million Dollars ($1,000,000)
per accident.
4. Professional Liability Insurance: If Consultant is or employs a licensed professional such
as an architect or engineer, Consultant is required to carry Professional Liability (errors
and omissions) insurance, with a combined single limit of not less than One Million
Dollars ($1,000,000) per claim.
5. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
a. Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this agreement.
b. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
C. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement. Such termination shall not affect Consultant's
right to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
City, its officers, agents and employees (collectively, the "indemnified parties ") from and against
any and all claims (including, without limitation, claims for bodily injury, death or damage to
City of Santa Ana RFP 14 -003
26P=25
property), demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a claim;
collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to
any work performed or services provided under this Agreement (including, without limitation,
defects in workmanship and /or materials) or Consultant's presence or activities conducted
performing the work (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they
may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be
construed to require Consultant to indemnify the indemnified parties from any claim arising from
the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
G. 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, sent by telefacsimile communication, or via e-mail to the
following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M -30)
Santa Ana, CA 92701
Fax 714- 647 -6956
With courtesy copy to: Public Works Agency — (Division)
To Consultant:
H. TERMINATION
The City reserves the right to terminate the Agreement as follows
1. This agreement may be terminated without cause by City upon thirty (30) days written
notice delivered to the Consultant either personally or by mail. Upon termination, City
shall pay to Consultant that portion of compensation specified in the agreement that is
earned and unpaid prior to the effective date of termination.
2. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City
shall have the right to withhold all or a portion of Consultant's compensation for
Agreement services if, in the judgment of the projects manager or designee, the level of
service falls below appropriate standards and /or Consultant fails to satisfactorily perform
Agreement services. City shall have the right to retain funds withheld until the projects
manager or designee determines that Agreement services are performed as well and as
frequently as required by this agreement.
City of Santa Ana RFP 14 -003
26Fe -26
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Consultant shall perform all requirements under this Agreement in strict observance of and in
compliance with all applicable environmental, traffic, safety and any other laws, regulations,
ordinances, codes and any other legislative or statutory requirements.
2. Consultant warrants that the performance of services under this Agreement shall be compliant
with the current requirements of the (particular relevant statutes and /or regulations) and as it
may be amended or updated throughout the term of this Agreement.
3. Consultant certifies that it shall comply with the following regulations, as required by the (funding
agency):
a. Audit Records - With respect to all matters covered by this agreement all records shall
be made available for audit and inspection by the City, the grant agency and /or their duly
authorized representatives for a period of four (4) years from the termination of this
Agreement. For a period of three years after final delivery hereunder or until all claims
related to this Agreement are finally settled, whichever is later, Consultant shall preserve
and maintain all documents, papers and records relevant to the services provided in
accordance with this Agreement, including the Attachments hereto. For the same time
period, Consultant shall make said documents, papers and records available to City and
the agency from which City received grant funds or their duly authorized
representative(s), for examination, copying, or mechanical reproduction on or off the
premises of Consultant, upon request during usual working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required
to provide to the agency from which City received grant funds or other persons or
agencies.
c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
Therefore, the federal funds recipient pursuant to the requirements of The Act hereby
gives assurance that no otherwise qualified handicapped person shall, solely by reason
of handicap be excluded from the participation in, be denied the benefits of or be subject
to discrimination, including discrimination in employment, in any program or activity that
receives or benefits from federal financial assistance. The Consultant agrees it will
ensure that requirements of The Act shall be included in the agreements with and be
binding on all of its contractors, subcontractors, assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
e. Political Activity - None of the funds, materials, property, or services provided directly or
indirectly under this agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office, or otherwise in violation of
the provisions of the "Hatch Act".
City of Santa Ana RFP 14 -003
26F=27
f.. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors
(or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims
of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended;
Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the
Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of
1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination
Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice
regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal
or State court, Federal or State administrative agency, or the Consultant makes a finding
of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the Consultant will forward a
copy of the findings to the City which will, in turn, submit the findings to the Office of Civil
Rights, Office of Justice Programs, U.S. Department of Justice.
g. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60), as
applicable.
h. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3), as applicable.
i. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by
Department of Labor regulations (29 CFR Part 5), as applicable.
j. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act
(40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR
Part 5), as applicable.
k. Consultant, and all its contractors (or subrecipients) will comply, with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act (42
U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and the Environmental Protection Agency regulations (40 CFR part 15), as
applicable.
I. Consultant, and all its contractors (or subrecipients) will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871),
(53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995),
as applicable.
m. Consultant agrees that the (funding Agency) shall have the authority to seek patent
rights for any process, product, invention or discovery developed and paid for with
funding through this Agreement.
City of Santa Anay�RFP 14 -003
26P-28
Consultant may copyright any books, publications or other copyrightable materials
developed in the course of or under this Agreement. However, the federal awarding
agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-
exclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for federal government, SAA and /or City purpose:
(i) the copyright in any work developed through this Agreement; and
(ii) any rights of copyright to which the subcontractor purchases ownership with support
through this grant. The Federal government's, SAA's and City's rights identified above
must be conveyed to the publisher and the language of the publisher's release form
must ensure the preservation of these rights.
J. 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 City and any such assignment, transfer, delegation or subcontract
without the City's prior written consent shall be considered null and void.
K. 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.
L. FINES
The Consultant shall be liable for all violation fines levied against the City by federal, state, or
local agencies with regulatory authority related to Consultant provided services.
M. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
City of Santa Ana RFP 14 -003
26F-29
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
Bv:
XXXX
Assistant City Attorney
XX
Executive Director
X Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
FOR APPROVAL: CONSULTANT
City of Santa Ana RFP 14 -003
29PI20
APPENDIX
EXHIBIT C -1: NON - COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ELECTRICAL ENGINEERING SERVICES
RFP NO. 14 -003
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
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 Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP 14 -003
26P-31
APPENDIX
EXHIBIT C -2: NON - LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ELECTRICAL ENGINEERING SERVICES
RFP NO. 14 -003
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
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
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana7QRFP 14 -003
26IF -12
APPENDIX
EXHIBIT C -3: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 3 CONTRACT CLAUSE
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ELECTRICAL ENGINEERING SERVICES
RFP NO. 14 -003
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD
assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be
directed to low- and very low- income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with
the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a cc
labor organization
clause, and will pos
and applicants for t
Section 3 preferen
apprenticeship and
D. The contractor agre
regulations in 24 C
provision of the su
violation': of the re
violation
ective bargaining agreement or other understanding, if any, a notice advising the
r workers' representative of the contractor's commitments under this Section 3
copies of the notice in conspicuous places at the work site where both employees
lining and employment positions can see the notice. The notice shall describe the
e, shall set forth minimum number and job titles subject to hire, availability of
training positions, the qualifications for each; and the name and location of the
lications for each of the positions; and the anticipated date the work shall begin.
where the
include the Section 3 clause in every subcontract subject to compliance with
art 135, and agrees to take appropriate action, as provided in an applicable
ract or in this Section 3 clause, upon a finding that the subcontractor is in
)ns in 24 CFR Part 135. The contractor will not subcontract with any
;ontractor has notice or knowledge of that the subcontractor has been found in
s in 24 CFR Part 135.
E. The Contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,
Section (7) b of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest
City of Santa Ana RFP 14 -003
26P53
extent feasible (1) preference and opportunities for training and employment subcontracts shall be given
to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b).
For the purpose of training and employment the rip mare Section 3 covered project area is the area in
closest proximity to the actual construction work site within the U.S. Census Tract in which the project is
located. It is understood that priority for employment opportunity is to be given to residents residing
within the primary Section 3 area as defined.
A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total
family income does not exceed 80% of the median income of the metropolitan statistical area in which
the project is located (Orange County). A public housing resident is defined by regulations as Section 3
resident, regardless of income.
The contractor and each subcontractor certifies that they will provide, to the greatest extent feasible,
opportunities for employment to lower income residents (local residents) and job opportunities in
connection with projects in their neighborhoods.' For fiscal year 1996 -97, minimum goal for each
project is 30 %.
The Contractor /Sub- contractor /Service Provider by the signature affixed hereto declares under penalty
of perjury: Contractor /Sub- contractor /Service Provider has read Section 3 requirements and accepts all
its requirements contained therein for all of his /her operations within the City of Santa Ana.
Signature Print Name and Title
Signature 'Print Name and Title
Signature
Print Name and Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP 14 -003
26=234
Firm Hourly Rates
As of January 1, 2014:
Electrical Engineer: ............................................
$140.00
Project Engineer: ................................................
$125.00
Senior Electrical Designer: .................................
$100.00
Electrical Designer: ..............................................
$95.00
Computer Drafting: ..............................................
$70.00
Clerical .................................. ...............................
$55.00
Exhibit B
25F -35
25F -36