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HomeMy WebLinkAboutKPFF - 2015City of Santa Ana t Clerk of the Council AGREEMENT TERMINATION FORM 7M? DEC 12 AM Please complete this form in its entirety when the attached a r t Qnd al amendments (if any) are no longer in effect: ) V ENT +T CLERK OF COI Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination fc m. Is the agreement(s) a permanent record? Yes _ No _ Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with F No. /r✓ 17� was completed on (List all amendments. Use space below If needed.) lr -/7S-6 / /7S -�y Use SD and final payment has been made. xso r3 J. Cfi-8RleL r�l /r9 Department: Phone/Ext.: Signature. - Date: Revised: l U- I B- 16 ►s INSURANCE NOT ON BILE WORKMAY NZ PROCEED CLERK OF COUNCIL DATE: 10 w t4 CONSULTANT AGREEMENT CITY OF SANTA ANA A-2015-175 THIS AGREEMENT is made and entered into this 5th dap of August, 2015 by and between KPFF Consulting Engineering, (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as -needed basis. Engineering services may include but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, storm drain, water or sewer line -related engineering, architecture and landscaping design services and grant writing services. Environmental and/or planning support services may also be requested. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project/task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this, the City may choose which consultant to assign the project/task to pursuant to this Agreement. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). 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. 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. Page d C. Invoices should be submitted on the 151h of each month and shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed, and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one-year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible 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 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 12 6. 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 naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 insured's provisions. b. 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 3700 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 with $2,000,000 in the aggregate. C. 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 by the City. (iii) 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. Page 13 (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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 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. 7. 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 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"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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 se4e-negligence04 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page14 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 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 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour, Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 Sonia R. Carvalho, City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax:714- 647-6515 Page 15 To Consultant: Ali Khamsi, PE Principal KPFF Consulting Engineering 18400 Von Karman Ave., Suite 600 Irvine, CA 92612 Fax: 949-252-8082 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. 13. 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. 14. 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 which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written Page 16 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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. 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. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by Page 17 reference. b. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizarar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B �a*ndval C 'ef , sistant City Attorney tw-' FOR APPROVAL: Agency CITY SANTA ANA (1�jII r V David Cavazos City Manager CONSU T T: A�/"/Ss (name) (title) Tax ID# Page 18 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. DESCRIPTION OF WORK The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an on -call, as -needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, storm drain, water or sewer line -related engineering, architecture and landscaping design services and grant writing services. Environmental and/or planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection or occasionally request mechanical, electrical and/or structural services. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. The types of work efforts may include: • Underground utility design/modifications; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, building or facility work, other broader studies, and other related projects as required. • Amore detailed Scope of Work will be provided when/if a specific projector Task Order proposal is requested of a consultant. Funding sources will not include any state or federal funding. Projects for each project/task order shall generally include local funds. Each project/task order assignment shall comply with any and all agency funding requirements. The Sample Task Order was submitted with the proposal inclusive of the hours, hourly rate and totals in Attachment C for the qualifications and value -based RFP . Note, state prevailing wage requirements shall apply to work as required, and including but not limited to, survey and materials testing work, and per the below link: http://www.dir.ca.gov/public-works/publieworks.html) Consultants and subconsultants completing any element of or type of work within projects/task orders that is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1., shall inform themselves fully of conditions relating to construction and labor law under which any work will be performed. Any consulting contract entered into pursuant to this notice shall incorporate the provisions of the California State Labor Code wherever they may apply and all fees shall be inclusive of or exceed these requirements. City of Santa Ana Scope of Work Page 1 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. The prime Consultant mark-up for sub -consultants shall not exceed 10%. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as -needed basis. However, work tasks may include studies or a variety of engineering or other tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible -charge of the work being completed. The Consultant's services for PS&E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant. 4. IT requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only 'PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. City of Santa Ana Scope of Work Page 2 5. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/in-charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre -construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as-builts and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e-mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. City of Santa Ana Scope of Work Page 3 III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements, where they may also apply despite the focus on local funding, 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS&E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and any funding agency requirements or audits if requested. Consultant certifies that it shall comply with the following regulations where applicable or others required by State or Federal Law, including, but not limited to the following: 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/or any other agency from which City received additional 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. City of Santa Ana Scope of Work Page 4 b. Information - 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. 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 and the related guidelines that may be more recent. 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". Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub -recipients) 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 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub -recipients) 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. Patent - 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. n. Copyright - Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the above items as deemed necessary for the City's 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 any grants if utilized. The City's rights identified above must be conveyed to the City of Santa Ana Scope of Work Page 5 publisher and the language of the publisher's release form must ensure the preservation of these rights. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders City of Santa Ana Scope of Work Page 6 ATTACHMENT C Sample Task Order CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES As part of their proposal in response to RFP 14-037B, the Consultant provided a Sample Task Order scope of work. This Sample Task Order included the following to provide a privacy wall design, minimum level of geotechnical/soils report, survey work, plans, specifications, and estimates: 1. Hours by staffing level & category (provided in the Excel Spreadsheet* provided), 2. Total Fee (in the Excel Spreadsheet provided), 3. Most responsive schedule deemed feasible, 4. As part of this Sample Task Order, a narrative scope of work was also provided with the following subtasks: o Project Kick-off/Meetings o Survey o Geotechnical Materials Testing & Soils Report o Privacy Wall Design Plans o Specifications o Engineer's Estimate o As -Built Plans The sample wall length was for an 800 LF for a privacy wall height varying from 10-16 feet of exposed height where private property (homes) would abut the one side of the wall and public right-of-way would abut the other side of the wall. In a separate one -page narrative scope of work and project approach was provided for all tasks necessary to provide this privacy wall Sample PS&E Task Order project. Any additional standard plans proposed to be used for this design or other approaches necessary to address the parameters indicated herein were also included. For the plan and profile sheets, inclusive of any detail sheets/notes and the scale shall be at 20-scale and conform to all requirements detailed in this RFP, the City's Standard plans and/or other recommended standard plans that the consultant may recommend. *Note: Prevailing wages may apply to this work. City of Santa Ana Scope of Work Page 7 EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) Attachment C Information ;lr®n®sal fa 78400 Von Karmon Ave Suite 600 Irvine, CA 92612 949,252,7022 kpff.com lw f Fee Proposal We are proposing on individual task orders with scope of services defined, necessary consultants and hourly estimates for each task order based on the hourly rates attached. KPFF CONSULTING ENGINEERS IRVINE CIVIL HOURLY RATE SCHEDULE 2016 PRINCIPAL -IN -CHARGE ............................................. $195.00 SENIOR CIVIL ENGINEER .......................................... $175.00 PROJECT MANAGER ................................................. $160.00 PROJECT ENGINEER ................................................. $130.00 DESIGN ENGINEER ................................................... $115.00 CHIEF CAD DESIGNER .............................................. $145.00 CAD OPERATOR/DESIGNER..................................... $110.00 ADMINISTRATIVE/SECRETARY.................................. $85.00 Note: Hourly rates will be updated on an annual basis throughout the duration of the project, and services will be billed at the hourly rates in place at the time the service is provided. Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14-037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 2 WM ndamen ,Associates, Inc. R Su89a drulNn MEP €OUIOIeuNl4U Gcrttaal9enxe 2.6 Executive Park, Ste. 1O0, Irvine, CA92614, 949.251.1131 f.949-251-'9434 www.fa-eng.com FUNDAMENT & ASSOCIATES, INC. HOURLY RATE SCHEDULE 2016 Principal Engineer .................................. Senior Engineer (P.E. or LEED Certified) Project Engineer ..................................... Project Designer .................................... CADD Designer ...................................... Clerical / Administrative ......................... .... $195.00/HR ...... $165.001HR .... $145.00/HR .... $125.00/HR ..... $105.00/HR ...... $65.00/HR Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14-037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 3 TRANSPO BILLING RATE RANGE SCHEDULE EFFECTIVE JUNE 28, 2014 THROUGH JUNE 26, 2016 Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14-037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 4 ILAN DSCAPE ARCH ITE CTS 17992 Mkchell5oUth. Suite 110, Irvine, CA 92614 w 949,J56.0150 f; 949.756.➢635 4e%1go@1capouyn-corn LYNN CAPOUYA, INC. HOURLY RATE SCHEDULE EFFECTIVE THROUGH 2O18 Principal in Charge......................................................... $280 Senior Project Manager ......................... .......................... $195 Project Manager.............................................................$176 Project Designer/Landscape Arch . ...................................... $139 Certified Irrigation Designer................................................$135 JobCaptain.....................................................................$110 DesignStaff....................................................................$105 Administration...................................................................$85 Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14-037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 5 COAST SURVEY NG, INC. 15031 PARKWAY LOOP. SUITE B. TUSTIN,�4 92788 8.52.7 t7141 ;118.6266 FAX f7141918.6277 SCHEDULE OF CURRENT HOURLY DATES FOR SERVICES PERFORMED BY OUR COMPANY Project Management $,188.00 Project Surveyor 160.00 Survey Technician 124.00 Clerical and Delivery Service 70.00 2 Person. Survey Party w/Equiprnent 288.00 3 Person. Survey Party w/Equipment 372.00 GPS Receivers (minimum of three) - $100.00tdayfrecuiver Monuments, prints, photocopies, research materIals, and other incidental or special supplies, AT COST Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14-037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 18, 2015 Page 6 GEOTECHNICAL AND GEOLOGICAL SCHEDULE OF CHARGES COM]'EHSATlC.U1 Our coornpansation will be determined on the basis of tlmo and expenses In accordance "Is the following schedule unless a fisted fee amount Is so indicated in the proposal or services agreement. Contracted professional and technical services will be charged at the applicable hourly rates as listed below. Staff time spent ht depositions, trial preparation, and court or hours casilmarrywill be billed at 1.5 to 2 times the below rates. Time spent in enhor• local or intercity travel, when travel Is In the interest of this contract, will be charged in accordance with the feregoing schedule; when traveling by public carrier, a maximum charge or eight hours per day will be made. Current rates arc as follows: .. Personnel Hourly Rate personnel Hourly Rote Support Staff $ 70 Los Angeles Deputy Grading Inspector $ 97 PoojeclAsslstant $ 92 TechnkalSpecialist 1 $131 senior Project Assistant $ all Technical Specialist N $145 . 'rethnklanl $ 75 Senior' technical specialist $Iso Technician II $ 86 Project Manager 1 $140 senior Technician $ 92 Project Manager 11 $149 - PANS $ 92 Senior ProjeckManager SISS Staff %96 Associate $174 Staff $110 Senior Associate $185 Staff111 $121 Principal $2,03 . Equipment Rate Air compressor, generator (per day) $ 53 • Cement amending Meld coal $ 21 Cement scale and pan (per day) $ 26 Core drill (per day) S 2No Cress.,hate sonic logger (CSQ (per day) S 473 Dial tal compete (per day) $ 11 Drilled shaft'. inspection camera(rl5(C) (per day, maxlmnim $1,765 par week) S 94S field California hearing ratio (Cli equipment (per day) $ 2'3'1 Falling weight dafiectometar (FWD) Wr day) $1,780 Failing we. ght deflerlomerer (FWD) with GPR (per day) $ 3,040 Global positioning system (CPS) - differential (per day) $ 100 Global positioning system (CPS) - hand-held (per day) $ 30 Ground penetrating radar ((WR) - hand•pushad (per day) $ 529 - Ground penetrating radar (GPRI- truckmounted]por day) 51,260 Had auger (per day) $ 37 IlydreornotticMonitoring Equipment ,(per day) $ 2663 .. Nod air density gauge equipment (per hour) $ I I Pile driving analyzer (PDA) (per day) $ 525 Pile lntegrkytester(per day) S 210 • Resistivity meter fear day) $ 105 Slope Inclinometer equipment (per casing) $ 79 Soil samples in brass or stainless sleeves (pop sample) $ r I Sol] samples. In rings (per sample) .$ 11 ' st) lahy software (MGDn.OW, PN.N(IS, S1opo/w. etc., per hour) $11 - 93 Total: Station - Survay Equipment (per hour„ maximum AOO perday) $ 53 Vehicle (cmntpany) usage (full day, plus $0.63 per mile charge) $ 21 Vehlsla (porsureag usage "r mile) $ 0.63 Vibrating wire piezometer $ US Vibration mooltodilg equipment Oar day,. maxhnum $265 per week) $ 55 • Reproduction alatklyylllte Color ON x 1 i(per flnhhad page) '$0.]3 $ L21 11 x 17 (per finlsi)ed page) $ 0,32 C, or D-atze, plats iWackMite and color- per finished plot) $26.25 D-size scan $12.60 OTHER SERWCES, Sf1PPUU] ALMA SPECIAL TAXES Outside services (equipment, supplies, and facilities not furnished In accordance with the above scheduler, and any unusual items at eldpansa not Customarily incurred In our normal operations) are charged at cast plus 12 percent. This Includes Sflloping charges, subsistence, transporlat]op, printing and rapredudic n, rniscallaneous supplies and rentals, surveying Services, drilling equipment, construction equipment, watercraft, aircraft, and special Insurance that may ba required. Spetlalixed equipment will be quoted air a per Job basis, in-house disposable field supplies (routinely used field supplies stocked ln•house by pamDoslgn]at Mason rote&. list available upon request. 'Taxes requited by local jurisdictions For prefects hl specific geourapink areas will be Charged to i)fojut5 at direct cost. ,All rakes are sabjecklu Change upon noldlcaklop. 3 a Appendix Sample Task Order Narrative We understand the sample task order to be an 800 LF privacy wall height varying from 10-16 feet of exposed height where private property (homes) abut the one side of the wall and public right-of-way abuts the other side of the wall. Based on this description, it is assumed that there is no need for lighting or power, landscaping, or disciplines other than outlined below. The privacy wall project will initiate with a meeting with the City of Santa Ana and all required consultants during which the project scope of services, schedule and fees will be established. Once the project scope and fees are confirmed and the team is authorized to proceed, a kick-off meeting will be scheduled in order to bring the design team together to review the scope of services, project approach and schedule with the City for verification of project goals and expectations and to establish any milestone submittal or review deadlines. Determination of any public outreach needs will be established. Survey of the project site and geotechnical field work will be scheduled and executed while a search for any available existing documents for utilities and public right-of-way improvements will be conducted. Site visits for consultants to review the existing site a conditions will be scheduled. Foundation design information from the geotechnical engineer's soils report will establish the foundation design parameters. The survey information will provide information needed to establish the top of wall, finish grade and top of footing elevations for the length of the wall. A review of the City Standard Plans for applicability to the project will be conducted and incorporated as appropriate. The structural design of the,privacy wall and foundations will be developed. A drawing package will be developed with general notes, plans, elevations and details for the construction of the wall based on the City CAD standards. Civil drawings establishing wall location, easements, existing utilities, drainage and grading information will be developed. Specifications for the project will be assembled along with the General Conditions from or in conjunction with the City's Supplemental Conditions. An estimate of the construction costs will be developed based on the drawing information and utilizing the City Schedule of Values or a Schedule of Values acceptable to the City. The document package will be provided to the City prior to submission for plan review for confirmation the project goals have been addressed. Documents will be provided to the City for plan review and any comments will be resolved so that the documents can be approved for construction. Assistance with bidding the documents and facilitating a pre - bid meeting with potential contractors will be conducted. Once the bids have been reviewed and evaluated by the City and the contract awarded to the successful contractor, a construction kick -of meeting will be facilitated during which the design team, City and contractor will confirm chain of communication, project revision processes, inspection requirements and as -built documentation. - During the construction, established meetings will be conducted to assist the contractor with any interpretation of the documents, review of construction progress and review of pay applications from the contractor as needed. As -built documentation from the contractor will be incorporated into the construction documents and provided to the City as Record Documents. On -Call Engineering Services — Part B - RFQ no. 14-037B y�r 19 ws Appendix Schedule . .. '6uratlorii Task .(work Q. Task start Data End Date Da s , 1 Contract Negotiation 711/2015 716/2015 4 1.1 Notice to Proceed 7/7/2015 7/7/2015 1 y d ;,` a ndrwltkl the City J9l2015 7/91201 f 2.9 RWOW of existing record drawings at the City 7/1012015 7/12/2015 2 2.2 Initiate topographic and existing condition survey 7/912015 7123/2016 10 2.3 Initiate eolechnical investigation and report 7/9/2015 7/30/2015 15 2.4 Initiate field Investigation and Photography 7/11/2015 7/1112016 1 , 3 35°/8-P9&E P.a�k9g6- 3.1 Prepare 35% PS&E Package 7/27/2015 8114/2015 15 3.2 Prepare nodication Utility Letters 8/13/2015 8I14/2015 2 3.3 Submit 35% PS&E Package to the City for Review 8/17/2015 8117/2016 1 3.4 City's Review of 35% PS&E Package 8/117/2015 8/24/2015 5 4 $09, PS$ Padoagle 1 4.1 Review City's 35%PS&E comments 8125/' 015 8/26/2015 2 4,2 Meet with the City to redew 36 /o PS&E comments 8I27I2016 8/27/2015 1 4,3 Prepare goo/o PS&E Package 8/28/2015 9/18/2015 15 4.4 Submit 900/0 PS&E Package 10 the Cit for ReNew 9/1812015 9/18/2016 1 4.6 0 City's Review of 90 k PS&E Package 9/21/2015 9/25/2015 5 6100ofo+PSAE.IRacksga 5.1 Review City's 90% PS&E comments 9/28/2015 9/2 2 5.2 Meet with the City to review 90% PS&E comments 9/30/2015 112015 91302016 1 5.2 Prepare 100% PS&E Package 9/30/2015 10114/2015 10 5.3 Submit100% PS&E Package to the City for Permit 10/14/2015 10114/2015 1 5.4 Approved Plans 10116/2016 11/1212015 20 6 PreporadBid CosGrtlBnts 11/16/2015 12111/2015 20 6.1 Bid Period 12114/2015 12117/2016 5 6.2 6.3 Bid ReNew Contractor Negotiation and Notice to Proceed 12121/2015 1//2018 14 7 Con9tradlton,Administration 1111I,016 3174I2410 f 49. 7.1 Prepare as -built drawings 3/15/2018 3I17/2016 2 On -Call Engineering Services— Part B - RPQ no. 14-037B 22 Sample Task Order (Excel Spreadsheet) Description of Consultant Deliverables, Test or Services Project Kick-off/Meetinas Principal Engineer Project Manager/Prof Coordinator Registered Engineer Assistant Level Design Engineer CADD person Adminfrypist Survey Two person survey crew* Survey Analyst Project Surveyor Survey Manager Geotechnical & Soils Report Materials Testing* Geotechnical Engineer (Licensed) Assistant Geotechnical Engineer Admin/Typist Geotech Lab Testing drilling contractor Privacy Wall Design/CADD Plans Principal Engineer Project Manager/Prof Coordinator Registered Engineer Assistant Level Design Engineer CADD person Admin/Typist Hours Hourly Rate 2 $ 195 $ 165 $ 130 $ 115 $ 145 $ 85 16 $ 288 16 $ 124 8 $ 160 4 $ 188 3 $ 203 10 $ 121 3 $ 88 1 $ 850 1 $ 1,400 2 4 20 28 195 165 130 115 145 85 Total 390 390 4,608 1,984 1,280 752 8,624 609 1,210 264 850 1,400 4,333 390 660 2,300 4,060 7,410 Specifications Principal Engineer 1 $ 195 $ 195 Project Manager/Prof Coordinator 4 $ 165 $ 660 Registered Engineer $ 130 $ - Assistant Level Design Engineer $ 115 $ CADD person $ 145 $ - Admin/Typist 8 $ 85 $ 680 $ 1,535 Engineer's Estimate Principal Engineer t $ 195 $ 195 Project Manager/Proj Coordinator 2 $ 165 $ 330 Registered Engineer 4 $ 130 $ 520 Assistant Level Design Engineer - $ 115 $ - CADD person - $ 145 $ - Admin/Typist 2 $ 85 $ 170 $ 1,215 As -Built Plans Principal Engineer 1 $ 195 $ 195 Project Manager/Proj Coordinator 2 $ 165 $ 330 Registered Engineer - $ 130 $ - Assistant Level Design Engineer - $ 115 $ - CADD person 4 $ 145 $ 580 Admin/Typist - $ 85 $ - $ 1,105 Total 146 $ 24,612 *Some positions/work tasks will be subject to prevailing wages. Note: The listing of the specific positions above is not intended to mean that each position listed will necessarily have hours included in the above. The positions simply represent the types of positions that might be utilized for each subtask to streamline the City's review of this information. Please utilize the categories listed to the extent possible. EXHIBIT C CERTIFICATIONS C-1 through C-3 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14-037B 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 hn 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 I� 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 criminal prosecution. Signed State of California Q County of Orange Subscribed and sworn to (or affirmed) before me on this 12 day of , 20_b by,, I proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SHELERR CHRISM, • Commission # 2009113 g Notary r,.ulic • CeNltlraie ,r oraa e Qod p MY Vy C . Ea tree Mar 1. 2017 Notary Public SigL tur� Notary Public Seal N A 1 CITY OF SANTA ANA REQUEST FOR PROPOSALS j FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: I4-037B 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 fiords other than federal appropriated fiords 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 ,K APPENDIX ATTACHMENT 3-3. NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.:14-037B 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. `M 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 3 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 r� 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 r`B provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each 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 subconsultant 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. r Signed: __ Title: Princi al Firm: KPFF Consulting Engineers Date: June 12.2015 EXHIBIT D ADDITIONAL PROVISIONS The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualificatons (RFQ) — RFQ No. 14-037 • Statement of Qualifications (SOQ) — In response to RFQ No. 14-037 • Request for Proposal (RFP) — RFP No. 14-037B • Proposal —In response to RFP No. 14-037B Client#: 25326 KPFFINCO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 /10/2017 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain 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 NAME: Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE 770-552-4225 Fax 86 Ext : A/C, No): 6-550-4082 3780 Mansell Road, Suite 370 E-MAILo, ADDRESS: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Travelers Prop Casualty Co of 25674 _ INSURED INSURER B : The Phoenix Insurance Company 25623 KPFF, Inc. INSURER C : Travelers Indemnity Company .11 25658 1601 5th Avenue Lloyds of London INSURER D : y Suite 1600 Seattle, WA 98101 INSURERS: INSURER F COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER: 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE NSRL WVDR POLICY NUMBER MM/DDNYYY MM/DD/YYYY LIMITS A 11 X COMMERCIAL GENERAL LIABILITY .. CLAIMS -MADE � OCCUR 6800031­132477A (AOS) 10/10/2016 10/10/2017 EACH OCCURRENCE $1,000,000 _ PREMISESOERENTED r nce $300 000 MED EXP (Any one person) $5,000 A X', WA Stop Gap 680-6H805490 10/10/2016 10/10/201 XContractual Liab. PERSONAL & ADV INJURY $1,000,000 (CA) GEN'L AGGREGATE LIMIT APPLIES PER: ''. POLICY LJECO .....^IT 0 LOG GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OPAGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BA1283L587 10/10/2016 10/10/201 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X' ANY AUTO ALL OWNED x SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X'. UMBRELLA LIAB X OCCUR CUPOOOF630530 10/10/2016 10/10/2017 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE $ DIED I X'.. RETENTION $10 000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � NIA XJUB5836Y21616 10/10/2016 10/10/201 X PER OTH- E.L. EACH ACCIDENT $1 000 000 =-- E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional/ B0146LDUSA1604384 10/10/2016 10/10/ 17 er Claim $10,000,000 Pollution Liab. Aggregate $10,000,000 SIR $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Contract #s A-2015-175 & A-2016-135 - Engineering Consultant Agreement; KPFF Job #1600031. The City of Santa Ana, its officers, employees, agents & representatives are named as Additional Insureds with respects to General Liability where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. FtE:VIEVWED BY:EUNIC'E HEFELJ1 (PG � OF City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clerk of the City Council ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza (M-30) P.O. Box 1988 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702-1988 , 0 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S637132/M564569 JNOY1 This page has been left blank intentionally. cREVIEWED ___ COMMERCIAL GENERAL LIABILITY Policy Number: 680-6B805490 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following isadded |oWHO |SANINSURED (SontkznO): Any person ororganization that you agree in a "contract oragreement requiring insurance" to in- clude as an additional insured onthis Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" oauoaU, in whole or in pad, by your uda oromio- oiono or the auLa or omissions of those acting on your behalf: m. In the pedbnnenoe of your ongoing opera- tions; b. In connection with pnamieoo owned by or rented (oyou; or u. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily in]ury''. "property damage" or "personal injury" for which that per- son or organization has assumed liability in o con- tract oragreement. The insurance provided hu such additional insured is limited as follows: d. This insurance does not apply onany basis bo any person or organization for which cover- age as an additional insured opaoifiuo||y is 'added by another endorsement to this Cover- age Part. o. This insurance does not apply tothe render- ing of or failure to render any "professional services". [ The limits ofinsurance afforded to the addi- tional insured shall be the limits which you egnsud in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are |aoa. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Pert. B. The following is added to Paragraph a. of4^ Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section |V): However, /fyou specifically agree ino"contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary baoie, or primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured aaanamed insured, and wmwill not share with the other insurance, provided that: (1) The "bodily injury" or"property damage" for which coverage iosought occurs; and (2) The "personal injury" for which coverage in sought arises out ofonoffense committed; after you have entered into that "contract or agreement requiring inaumnoo"But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent ur on any other basis, that ieavailable tothe insured when the insured ioenadditional insured under any other insurance. C. The following is added to Paragraph O.Tmanefer OfRights OfRecovery Against Others To Us inCOMMERCIAL GENERAL LIABILITY CON- DITIONS We waive any rights of recovery mmmay have against any person or organization because of payments we make for "bodily irju0/'. "property damage" or "personal injury" arising out of"your work" padbnned by you, or on your behalf, under a"contract oragreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part ofthe "contract mragreement requiring insur- ance" with such person or organization entered CGD3810}0 @ 20mThe Travelers Companies, Inc. Page 1of2 Includes the ovmmo»mumaterial nvInsurance Services Office. m,'with its ommmu/on COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contractor agreement is in effect; and c. Before the end of the policy period. __ ........ f REViEWC D BY � r UNIC C ttER DIA (P Gq l.._...__.._ _. __. . _..._.,. .............,._._._... _..... Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 $1 09 07 Includes the coovrichted material of Insurance Services Office. Inc.. with its permission