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HomeMy WebLinkAbout25C - AGMT - CONSTRUCTABILITY REVIEW SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: AGREEMENTS WITH KPFF CONSULTING ENGINEERS AND IDS GROUP, INC., FOR CONSTRUCTABILITY REVIEW SERVICES {STRATEGIC PLAN NO. 6, 1C} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended [I As Amended ❑ Ordinance on 161 Reading ® Ordinance on 2ntl Reading ® Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute agreements with KPFF Consulting Engineers and with IDS Group, Inc., to provide constructability review services for a two -year period beginning June 8, 2016 and expiring June 7, 2018, with provisions for two one - year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $400,000 for each consultant over the entire term of the agreement, including any renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency oversees all construction for capital improvements projects (CIPs). Some construction projects are complex and involve multiple engineering disciplines. To reduce potential design errors and inconsistencies, as well as ensure that these projects are biddable, buildable, cost effective, and maintainable, a constructability review is needed prior to advertising the projects. Constructability reviews generally yield cost savings from the value engineering and cost avoidance. It is common that a 2 -to -3 percent of project cost be invested in constructability reviews. Constructability review may be needed for civil engineering, electrical engineering, mechanical engineering, structural engineering, architectural, and landscaping projects. City Engineering staff, collectively, do not have the all of these engineering licenses and expertise. Therefore, it is recommended that constructability review services be provided by qualified professional consulting firms that have a full range of specialty licenses to meet the agency goal and deliver high quality, cost effective and timely projects. On February 16, 2016, the Public Works Agency released a Request for Proposals (RFP) on the City's website and notified qualified consulting firms. Three proposals were received and evaluated by a review committee from the Public Works Agency. One proposal was not fully scored because it did not meet the minimum qualifications listed in the RFP. 25C -1 Agreements with KPFF Consulting Engineers and IDS Group, Inc. Constructability Review Services June 7, 2016 Page 2 Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. The firms and their respective scores are as follows: FIRM SCORE KPFF Consulting Engineers 88 IDS Group, Inc. 73 Tait & Associates Not Rated Staff recommends that KPFF Consulting Engineers (Exhibit 1) and IDS Group, Inc. (Exhibit 2), be retained to provide constructability review services. The cost proposals from these two firms were negotiated to ensure the City receives the highest quality and value. After the award of agreements, the City will use a task -order system to ensure that tasks are equitably allocated to all consultants. The actual costs will be based on the approved hourly rates and the time expended on a project. The time and costs for each project will be closely monitored by City staff. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing of any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. Funding for these services is available in prior year and the current FY 2015 -16 approved CIP budgets, and will be budget in futur CIPs. P_"� Fred Mousavipour Executive Director Public Works Agency Exhibits: 1. Agreement — KPFF Consulting Engineers 2. Agreement — IDS Group, Inc. 25C -2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 2016 by and between _ ICPFF Consulting Engineer , (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 o£ Constructability Review to ensure that projects are biddable, buildable, cost- effective and maintainable for its Capital Improvement Program on an as needed basis. 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 during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed _$400,000 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 3. TERM This Agreement shall commence on the date first written above for a two (21 year term with the option for the City to grant up to a two (1) -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. KPFF_Agreement Exhibit 1 25C -3 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, ajoint 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. 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, KPFF Agreement 25C -4 Page 2 of 8 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, 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 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. 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 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. KPFF_Agreement Page 3 of 8 25C -5 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. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. KPFF_Agreement 25C -6 Page 4 of 8 12. 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 farther specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 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 reecipt 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. KPFF_Agreemeat 25C -7 Page 5 of 8 16. 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 farther 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. 17. 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. 1$. PAYMENTS & INVOICES a. 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage ( %) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by 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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. KPFF_Agceement 25C -8 Page 6 of 8 20. 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: Executive Director, 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 To Consultant: ose Hernandez Project Manager KPFF Consulting Engineers 400 Oceangate, Suite 500 Long Beach, CA 90802 Fax: 562-437-9200 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O, Box 1988 Santa Ana, California 92702 Fax: 714- 647 -6515 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 fiames, wcekends, federal, state, Cotimty or City holidays shall be excluded. KPFF_Agreemoa Page 7 of 8 25C -9 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 R. CARVALHO City Attorney By: Jose a doval Chi Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Jose Hernandez Project Manager Tax ID# KPFF_Ag eentent Page 8 of 8 25C -10 EXHIBIT A SCOPE OF SERVICES 25C -11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CONSTRIICTABILITY REVIEW FOR TIIE PUBLIC WORKS AGENCY CAPITAL IMPROVEMENT PROGRAM RFP NO.: 16 -008 A. DESCRIPTION The City desires to engage a professional consultant(s) to perform constructability review to support delivery of the City's Capital Improvement Program (CIP), while maintaining the highest quality construction standards, and identifying potential risk and cost savings. The City is soliciting proposals to assist in the delivery of an ambitious $80 million CIP over the next five years. Projects may include buildings, bridges, pump and lift stations, park facilities, street pavement, traffic signals, underground utilities improvements. The selected consultant may enter into an agreement with the City to provide constructability review services on an as- needed basis. B. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: 1. Provide pre - design or design stage constructability review necessary to complete the design effort according to the project plans, special provisions, California Building Code (CBC), the Standard Specifications for Public Works Construction ( "Green Book "), Caltrans Standard Specifications and other Federal, State or local specifications. 2. Attend constructability review meeting with City Staff, engineer of record, other team members; and contractors, if required. Consultant shall provide meeting minutes and distribute it to the attendees. 3. The Consultant shall be a registered engineer in the State of California. 4. Provide service for large or complex projects. 5. Provide service for projects with tight construction timeline, 6. Provide service for projects with new method of construction being proposed. 7. Conduct field review to review the scope of work and identify constructability issues. 8. Deliver a constructability report along the reviewed document to the City. 9. Provide service for Design/Build projects. 10. Provide value engineering as assigned by the City. City of Santa Ana RFP 16 -008 Page Al -1 25C -12 C. CONSULTANT RESPONSIBILITIES Consultant Audit and Review Process: Prior to subject to an audit or review by Caltrans' organizations, or the federal government. D. CITY RESPONSIBILITIES awarding the contract, the selected Consultant shall be Audits or Investigations (A &I), additional state audit 1. Furnish copies construction plans and specifications to the consultant. 2. Furnish other documents or reports related to the project, E. SPECIAL REQUIREMENTS This agreement may be funded, in part, through Federal and Measure M2, therefore requiring compliance with all requirements of Caltrans, OCTA and/or the U.S. Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause, Proposer shall comply with all requirements as they pertain to the use of these funds; refer to Appendix Attachment 5. The following forms in the Appendix (Attachment 5) must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10 -H: Fee Proposal • LAPM Exhibit 10 -I: Notice to Proposers, DBE Information • LAPM Exhibit 10 -K: Consultant Certification of Contract Costs & Financial management system • LAPM Exhibit 10 -01: Consultant Proposal DBE Commitment IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAT THE LATEST VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL. LATEST FORMS CAN BE FOUND CALTANS WEBSITE, CHAPTER 10: www.dot,ca.gov/hg/LocalProu-,tins/lUM/CHIO.htm If the project will be financed, in part, by federal fiords all services rendered shall meet all required federal requirements included in this request for proposal. Consultants are advised that, as required by federal law, the City of Santa Ana is implementing the new Race Conscious Disadvantaged Business Enterprise (DBE) Program. The DBE goal for this agreement is 9 %. Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as- needed basis. The Consultants shall be thoroughly familiar with the Scope of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federal funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement, City of Santa Ana RFP 10 -008 Page Al -2 25C -13 Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub - consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy rued completeness of work performed remains solely that of Consultant. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated monthly. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. • This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations, Consultants are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link, littp://www.dir.cL.gov/pu'blie-works/piiblicworlcs.htt-nl City of Santa Ana RFP 16 -008 Page Al -3 25C -14 EXHIBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The rates shown on ATTACHMENT 4, FEE PROPOSAL will be used to establish cost for any Task - Orders. 25C -15 /F;f �,i 1r A1, , "iV41 iIt I.,. . i I :�. .: rl 11 1 ,r. .i,. .. i 1, np i...� .._. I .qiC R st KPFF Hourly Rates }sourly Rotes 2016 2017 . Principal $214.00 $214.00 Senior Project Manager $208.00 $208.00 Project Minager $202:00 $202.00 Sr. Technical Specialist $192.00 $192.00 Sr. Engineer $170.00 $170.00 Professional Engineer $147.00 $147.00 Design Engineer $1.23,00 $123.00 Designer $117.00 $117.00 Lead Drafter $133.00 $133.00 CAD Technician $112.00 $112.00 Project Assistant $98.00 $98.00 Administration $75.00 $75,00 Direct costs Mark -up 0% Sub - Consultant Mark -Up 5% Basis fur HeUrly '[mantes We use a muttiplier of approximately 3.25 times direct salary costs to establish hourly billing rates. *All Nonexempt Employees; Nonexempt and prevailing wage employees will have additional overtime rate factors, in effect, niter 8 horns in any single workday, holidays, weekends. and night in accordance with California Law. DKS Associates Hourly Rates Hourly Rates 2016 2017 Principal $220.00 $224.40 Transportation Engineer $150.00 $15100 Project Manager $230.00 $234.60 Sr, Transportation Engineer $21.5.00 $219.30 Transportation Engineer $195.00 $ t98.90 Administrator $75.00 $76.50 Transportation Engineering Associate $70.00 $71.40 Direct Costs Mark -up 0% Mark -up for SnbCOnsnlfnnt5 0% Basis for Hourly Rates Sub - Consultant Mirk-Up 5% Multiplier. Rate available Upon request. Klialifeh & Associates, Inc. Hourly Rates Hourly Rates 2016 2017 Principal $205.00 $215.00 Senior Project Manager $205.00 $215.00 Senior Engineer $165.00 $175.00 Engineer $140.00 $148.00 Designer /Drafter $115.00 $120.00 Secretarial $65.00 $70.00 Direct costs Mark -up O %j Sub- Consultant Mack -Up 5% Basis for Hourly Rates We use it multiplier of approximately 3.20 tiles direct salary costs to establish hourly billing rates. 25C -16 Lynn Capouya, Inc. Land -_ scape Architccts hourly Rates Hourly Rates 2016 2017 Principal $25000 $250.00 Senior Project Manager $195,00 $ 195.00 Project Manager $176.00 $176.00 Prejcct Designer /Land, Arch, $139.00 $139.00 Certified Lrrigation Designer $135.00 $135,00 Job Captain $110,00 $110.00 Design Staff $105.00 $105.00 Administration $85.00 $85.00 Reimb, Agency Fee Mark -up Cost x 1.05 Basis for Hourly Rates This schedule reflects an overhead rate of t75,2% plus profit at 10 %, on a multiplier of 2.85. Rates arc blended and fixed HUOUgh duration of contract. SFK Architecture, Inc. Hourly Rates Hourly Rates 2016 2017 Partner $178,75 $178.75 Associate $143.00 $143.00 Project Manager $104.00 $104.00 Senior Draftsperson $81,25 $81.25 Junior. Draftsperson. ,$66.63 $66,63 Clerical $55.25 $55.25 Subconsultants Mark -up Cost x 1, 15 Reimbursables Mark -up Cost x 1.00 Reimb, Agency Fee Mark -up Cost x 1.05 Basis for hourly Rates We use a multiplier of approximately 3.25 times direct salary costs to establish hourly billing rates. 25C -17 EXHIBIT C CERTIFICATIONS C -1 through C -3 25C -18 Appe=ndix — --- — ._ ATTACMal NT 3-1: NON - COLLUSION t1.1FI+AL AVIT CONSTRUCTABILITY REVIEW 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, orgattizaGon, 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 rafrain from bidding; that the BIDDER has not in any Manuel', directly or Indirectly, sought by agreement, communication, a anyone to t x tiro bid price conference with h of the BIDDER or any BIDDER„ Otto fix any overhead, profit, or cost elarnent of the bid a, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of an interestcd in the proposed contract; that all statements contained in the bid are true; and, fiuther, that the $IDDER has not directly or indirectly submitted his , her bid price y, any breakdown thereof, ,r the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, ally fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or shah 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 caudoned that making a false certification may subject the certifier to criminal proscoution, Signed /-i, J ~_ -t LU '� State of C County of Subscribed and sworn to (or affurned) before me on filssiL- -day of ftW(�, 20j Ig by 2� proved to me on the basis of satisfactory evidence to be the persons) who appeared before mo.— , �� „mesa ®mt linly�u Iic ignature Tr„¢° ",� Clty of Santa Ana Rrr i i -003 Page A3 -1 25C -19 Appendix ATTACHMENT 3m2: NON-LOBBYING CERTIFICATION Cr1,RT111FICr4')p 0NS CONSTRIICTABILITY REVIEW 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 malting of any federal grant, the maldng 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 agrccmcrit. 1 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 malting or entering into this transaction imposed by Scetion 1352, Two 31, US, Code. Any person who fails to file the required oertiflcation 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, h.J Signed and Printed Name: Title i.I c t bate j L City of Santa Ana RI=1n 16-008 Page A3 -2 25C -20 Appendix ATTACHMENT 3 -3t NON- DI«CRh1MfiINA'p'114DN CERTIFICATION CERTIFICATIONS CONSTRUCTABILIT'Y ItLV[LW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: I. 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 term111atiDrl; 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 adveutisenzents 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 e Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of [executive Order 11246 of September 24, 1965, and of the stiles, regulations, and relevant orders of the Secretary of Label-. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of Septemher 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, fu tine event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in pant and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts ill accordance with procedures authorized in Execution Order 11246 of September 241 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 COIISnitant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of' Executive Order 11 246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the fSel�v14'Y��POWAN➢4SP•iYaK/ CltyctSanta Ana RFP 1G•008 Page A3 -3 25C -21 administering agency may direct as means of enforcing such provisions, including sanctions fat noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, titigation with a sub - consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the united States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such Persons, except as provided in Section 1420, and any consultant Of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm, Date: Iti. u�- �TF.Gnuw' .. w'- .tea...._ S`'v ^c.YauW.E \'YPLY94S..N c��.. 'TdkY951�YM{= gg6gg, yyN,A�°5� ®4RP Y5_Y•••a.. ..�_.�._yy IFNS:c.:54L1E6'Li^S9 City of Sartta Ana RFP 16.00£i Page A3.4 25C -22 EXHIBIT D ADDITIONAL PROVISIONS 25C -23 Local Assistance Procedures Manual Exhibit 10 -H Cost Proposal EXHIBIT 10 -H COST PROPOSAL (EXAMPLE #1) PAGE I OF 2 ACTUAL COST- PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark -ups are Not Allowed Consultant KPFF Contract No. DIRECT LABOR Date Classification /Title Name homy Actual Hourly Rate Total Principal Todd Graham $57:70 Principal Ali Khamsi $61.30 Principal Bill Thorpe $61.30 Project Manager Jose Hemnandez $48.46 Senior Technical Specilalist Chris Mansour $52.50 Professional Engineer Casey Rasile $32.31 Design Engineer Amethyst Webb $30.00 Design Engineer Melissa Hilsabeck $27.12 CAD Technician Juan Avila . $24.81 Project Assistant Chelsea Arculem $20.77 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) FRINGE BENEFITS d) Fringe Benefits (Rate 39.44% ) c) TOTAL DIRECT LABOR COSTS I(a) + (b)] $0.00 e) Total Fringe Benefits [(c) x (d)] $0.00 INDIRECT COSTS 0 Overhead (Rate: 87.73% g) Overhead [(c) x (I)] $0.00 h) General and Administrative (Rate:. 0.00% i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $0.00 FEE (Profit) q) (Rate: 30.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $0.00 OTHER DIRECT COSTS (ODC Description Unit(s) Unit Cost Total 1) Travel/Mileage Costs (supported by consultant actual costs) 55 $0.54 $29.70 m) Equipment Rental and Supplies (itemize) _ $0.00 n) Permit Pees (itemize), Plan sheets (each), Test Holes (each), etc. $0.00 o) Subconsultant Costs (attach detailed cost proposal in sane format as prime consultant estimate for each subconsultant) $0.00 NOTES: LPP 15 -01 p) Total Other Direct Costs [(I) + (m) + (n) + (o)] $29.70 TOTAL COST [(c) + (j) + (k) + (p)] $29.70 Employees subject to prevailing wage requirements to be marked with an *. 25C -24 ,January 14, 2015 Local Assistance Procedures Manual Exhibit 10 -H • CDC items should be based on actual costs and supported by historical data and other documentation. • ODC. items that would be considered "tools of the trade" are not reimbursable. • ODC items should be consistently billed directly to all clients, notjust when client will pay for them as a direct cost. • CDC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate. EXHIBIT 10 -H COST PROPOSAL (EXAMPLE 01) PAGE 2 OF 2 ACTUAL COST - PLUS - FIXED FEE OR LUMP SUM. (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant Contract No. Date 1. Calculate Average Hourly Rate for Ist year of the contract (Direct Labor Subtotal divided by total hours) 1 Calculate estimated hours per year (Multiply estimate % each year by total homy) Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract (calculated above) (calculated above) per Cost Proposal per Cost Proposal Rate Duration Year 1 50.00% * _ #DIV /01 Year I Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) -- Estimated Hours Year 2 Year 3 Avg Hourly Rate Proposed Escalation. _ 0.0 Estimated Hours Year 3 Year I #DIV /01 + 0% — #DIV /01 Year 2 Avg Hourly Rate Year 2 #DIV /01 + 3% _ #DIV /0! Year 3 Avg Hourly Rate Year 3 + _ — 0,0 Year 4 Avg Hourly Rate Year 4 + _ Year 5 Avg Hourly Rate 1 Calculate estimated hours per year (Multiply estimate % each year by total homy) 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated % Total Hours Total Hours (calculated above) (calculated above) Completed Each Year per Cost Proposal per Year $50.00 * 1 Year 1 50.00% * 0.0 = 0,0 Estimated Hours Year I Year 2 50.00 %° * 0.0 _ 0.0 -- Estimated Hours Year 2 Year 3 ° 0.0 _ 0.0 Estimated Hours Year 3 Year 4 .4 0:0 — 0.0 : Estimated Hours Year 4 Year * 0.0 _ 010 Estimated Hours Year 5 Total Total — 0,0 Transfer to Page 1 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, LPP 15 -01 January 1.4, 2015 25C -25 Avg Hourly Rate Estimated hours (calculated above) (calculated above) Cost per Year Year 1 $50.00 * 1 _ $50.00 - Estimated Hours Year I Year 2 $51.00 2 = $102.00 Estimated Hours Year 2 Year 3 $52.02 3 = $156.06 Estimated Hours Year 3 Year 4 $53:06 * 4 = $212.24 Estimated Hours Year 4 Year 5 $54.12 * 5 = $270.60 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $790.90 Direct Labor Subtotal before Escalation = $0.00 Estimated total of Direct Labor Salary Increase = $790.90 Transfer to Page 1 NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, LPP 15 -01 January 1.4, 2015 25C -25 0 a W F U e L w u V C h ry O OQ ti W �W z Vl W WO d N �U d WN O Gr] O F @@U C' v W W 0 O N p � f�1 y 0 U v v I I Q x0. o C W W b � c ;n F 0 U 0 h II d 7 0 C O U •C E Q C V 0 h * � W c v p� U .c .G. `v 2 0 O h i- 0 C E b z a C z E a C a L z G F a C 7- T Q � � Z O a O O v O w � G o z v w ii C E b z a C z E a C a L z G F a C 7- T � O C O � N N Nap N N rah M N p Q Q Q Q ¢¢ a Q Q Q x z z 7 z zz z z z z p 0 0 0 0 0 0 0 b 0 0 0 0 0 0 0 0 0 0 9 0 0 0 0 0 o b 0 0 0 0 0 0 0 0 0 0 0 0 0 yl O In C M O M O M O M O 01 O f1 O O1 O M O M C sa a e O O IO O O - O N h fh M It h L o T a d � .� �n v_a �o m e m .o m oo to nb m eo m eo co oe on m � O O Q f1 <O In CO f1 f0 f0 rq M $` M M In m hl nl N N N N N hl N N f� O d W O O N oo O aC b m M R N oPi H N � M S9 fH 69 &3 F ti in hl t1 PI C Q\ rJ m O T crt �1 U _G = v 5 w p a0 L C aft r � c U 0 v c c on • d v v H •,n Q �i W W W F T a z v •o _O — H y G o o' m E c t CJ u u U V 25C -26 w— c m a pG U G � O h u N N W � G � m o p ° c o � EL E y v � 'w N U N 7 d 7 U of � 1p v y v N Y N � = C O O G v � O v v, v � a c C N o u m p a v o v II w 9 C � V � c c z m to vi 0 a C h a 0. J b W V N o A U � o o w U {n z 0 x 0 raj W O W O � Q �oz v iTa xi a Q Fd a z O U G A 0 U 25C -27 W Q z c 06 9 a .'5 s A G A 0 k a a h M Q1 a a � v 3 � . 0 b � b 8 ' Pm H v ro 5 v � w° Q Yy .° '•'3 � Moro aw A HNC H CJ M d' vi ,O h 06 9 a .'5 s A G A 0 k a a h M Q1 a Local Assistance Procedures Manual EXHIBIT 10 -11 Sample Cost Proposal (EXHIBIT 10 -14 SAMPLE COST PROPOSAL (EXAMPLE 43) COST PER UNIT' OF WORT{ CONTRACTS (GEOTECITNICAL AND MATERIAL TESTING) Note: Mark -ups are Not Allowed Consultant KPFF ContraetNo. Date 3 /15/16 Page — of Unit/item of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Hours Hourly Total ($) Billing Rate ($) Professional (Classification) $ 0.00 Sub- piofessional/Tecbnical* $ 0.00 EQUIPMENT (with Operator) OTHER DIRECT COST $ 0.00 Description Unit(s) Unit Cost Mobilization/De- mobilization $ $ 0.00 Supplies /Consutnables (Itemize) $ $ 0,00 Travel /Mileage $ $ 0.00 Report (if applicable) $ $ 0.00 TOTAL COST PER UNIT OF WORT( $ 0.00 NOTES: • Denote labor subject to prevailing wage with asterisk (0). Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates chargcd to all clients (Commercial, Private or Public). Hourly billing rates include hourly wage rate, net fee /profit, indirect cost rate, and actual direct equipment rate. • Mobilization /De- mobilization is based on site location and number and frequency of tests /items, • ODC items should be based on actual costs and supported by historical data and other documentation, • ODC items that would be considered "tools of the made" ure not reimbursable. LPP 15 -01 25C -28 Page 5 of S January 14,201S Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System (EXHIBIT 10 -X CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost (date far Consultant Contracts found at http: / /lvivw. dot. ca.govAul/LocalProgr(uns/DLA OB/DLA_OB.btnt in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: KPFF Consulting Engineers Indirect Cost Rate: s' for fiscal period *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: I. All costs included in this proposal to establish final Indiyect Cost Rates are allowable in a accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 3 t, 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material ttunsactions or events that have occurred affecting the firm's ownership, organization, and hidirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Mannement System: I, the undersigned, certify to the best of my latowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: 1, the undersigned, certify that the approximate dollar amount of all ME contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ and the number of states in which the firm does business is Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that alt direct costs identified on the cost proposals) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31, Allowable direct costs to a Government contract shall be: LPP 15 -01 25C -29 Page I of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cast Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract, 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultauts (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if-on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): $ Consultant Certifying (Print Name and Title): II r Name: )i'7 _� C: ____I _e- Title: /�� 5 5 C C) CL'l L_ Consultant Certification Signature * *: Date of Certification (nun/dd/yyyy): Consultant Contact Information: Email: jose.Irernandez@lcpff.com Phone number: (562) 437 -9100 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.0 111(b)(1)(B), SubwnsuRants must comply with the FAR Cost Principles contained in 48 CFR, Port 31. 23 CFR Part 172.3 Definitions slate: Consultant mean the inrlivirhtal or firm providing engineering and design related services as a party to die contract. Therefore, subeonsallaws as parties of a contract tnust complete a certification mid send originals to Ad1 and keep copies M Local Agency Project Piles, DisndUudou: I) original [o Caltrans Audits and Investigations 2) Retained In Local Agency Project Files LPP 15 -01 25C -30 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual CXHBIT 10 -1 Notice to Proposers DBE Information EXHIBIT 10 -I NOTICE TO PROPOSERs DBE INFORMATION The Agency has established a DBE goal for this Contract of Mo off" OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT o The term "Disadvantaged Business Enterprise" or "DBE" means a for - profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. « The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contact with dre Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal fiords (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"), The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer trust not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use set-vices offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10 -01 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must: document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 1C -02 Consultant Contract DBE Information umst be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CPR, Prue 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following; A. A DBE must be a small business firm defined pursuant to 13 CPR 121 and be certified tivnugh the California Unified Certification Program (CUCP). I,PP 13.01 25C -31 Page I of 3 May 8, 2013 Local'Assistance Procedures Manual EXHBIT l0 -I Notice to Proposers DBE Information B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to docuractit one Ora combination of the following; 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or truckling companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner midst be responsible for specific contract items of work or clearly defined portions thereof, Responsibility means actually performing, managing, and supervising the work with its own forces. The DBEjokut venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and trust carry out its responsibility by actually perfornn ng, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid /cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1- 866 -810 -6346 for assistance, B. Access the CUCP database, from the Department of Transportation, Office of Business and Economic Opportunity Web site at: http: / /www.dot.ca.gov /lnq/bep /. I. Click on the link in the left menu titled Disadvcrritaaed Business Enterprise; 2. Click on Search for a DBE Firm lint:; 3. Click on Access to the DBE Query form located on the first line in the center of die page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6, MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER TILE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on tine premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in tine usual course of business. To be a DBE regular dealer, the firm mast be an established, regular business that engages, as its principal business slid under its own name, in the -- - -� Page 2 of 3 LPP 13 -01 May 8, 2013 25C -32 Local Assistance Procedures Manual LXHBIT 10 -I Notice to Proposers DBE Information purchase and sale or lease of the products in question, A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long -term lease agreement and not an ad boc or Agreement- by-Agreement basis. Packagers, brokers, rmanufachuers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on thejob site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. LPP 13 -01 25C -33 Page 3 of 3 May 0, 2013 Local Assistance Procedllre6 Manual Exhibit 10 -01 Cmtsultmu Proposal AAE Conandtment EXM]31'1' 10 -01 CONSULTANT PROPOSAL DBE COMAUTMCNT 1. Local Agency: City of Santa Ana 2, Contract DBE Goal: 9% 3. Project Description: Construclabilily Review for Capital Improvement Program 4. Project Locallon: City of Sanla Ana B. Consultant's Name: KPFF 6, Prime Certified DOE: ❑ 7. Description of work, Service, or Materials Supplied 8. DBE Cortiflcatlon 9. DOE Genteel Information 110. DOE °k Number LCI, Inc - Landscape Architectural 39150 (Caltrans) Lynn Capouya (949) 756 -0150 1 Review Services 9% 5093 LA County Metropolitan "Transportation Authority Local Agency to Complete this eeellon 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 9% 10. Federal -Aid Project Number, 19. Proposed Contract Execution Date: IMPORTANT: Identify all DOE firms being claimed forcrodil, Local Agency carli8es that all DBE carUBoaltons are valid and Information on this form Is complete and accurate, regardless of tier. Written confirmation of each listed DOE is required. 20, Local Agewy Repressn(alWa's Signature 21. Date 12, Preparer's Signature 13, Dale 22. Local Agency Representative's Name 23, Phone 14. Preparer's Name 13. Phone 24. Local Agency Representative's Title 18. Preperel'sTllle, DISTRIBUTION; Odgfnal — Included with consultant's proposal to local agency. ADA Notice; For Indlvldoais eAth sensory disalglNee. Ibis document Is ovalloble in ollomule formats. For role nnolloo call (616) 654 -6410 or TOD (Of 6) 654. 9896 or vrilo Records and Foans Monoaomont, 1126 N Street, M&89, Saaemenle, CA 90614. Page 1 of 2 25C -34 3a' "2''2015 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 2016 by and between IDS Group, Inc. (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: Constructability Review to ensure that projects are biddable, buildable, cost - effective and maintainable for its Capital Improvement Program on an as needed basis. 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 during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed $400,000 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 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 a two (1) -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. IDS aroup_AgIt meat Exhibit 2 25C -35 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. 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. 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 ofinsured'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. IDS Group_Agreement 25C -36 Page 2 of 8 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: L 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. 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 firnish 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 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. IDS Group_Agmement Page 3 of 8 25C -37 S. 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. G]�i7urili � � y Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed, in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not indirect, which would conflict in any manner with performance of services. specified in Certifications - Exhibit C, attached hereto and incorporated reference. IDS Gronp_Agrcement 25C -38 have interests, direct or Conflict may be further in this Agreement by Page 4 of 8 12. 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. 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 terns 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 subj ect 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 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. IDS Group_ greemeut 25C -39 Page 5 of 8 16. 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. 17. 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 govermnental 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. 18. PAYMENTS &c INVOICES a. 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum; V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and /or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage ( %) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by 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. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IDS aroup_Agreement 25C -40 Page 6 of 8 20. 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 Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M -21) 20 Civic Center Plaza (M -29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647 -5635 Fax: 714- 647 -6515 To Consultant: Said Flilmy Principal IDS Group, Inc. I Peters Canyon Road, Suite 150 Irvine, CA 992606 Fax: 949 -502 -7640 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 sball be excluded. IDS Group Agreemeut Page 7 of 8 25C -41 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 R. CARVALHO City Attorney Icy: Jos oval Chie sistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Said Helmy Principal Tax ID# IDS Oroup_Agreement Page 8 of 8 25C -42 EXHIBIT ,A SCOPE OF SERVICES 25C -43 Appendix ATTACIiMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CONSTRUCTABILITY REVIEW FOR THE PUBLIC WORKS AGENCY CAPITAL IMPROVEMENT PROGRAM RFP NO.: 16 -008 A. DESCRIPTION The City desires to engage a professional consultant(s) to perform constructability review to support delivery of the City's Capital Improvement Program (CIP), while maintaining the highest quality construction standards, and identifying potential risk and cost savings, The City is soliciting proposals to assist in the delivery of an ambitious $80 million CIP over the next five years. Projects may include buildings, bridges, pump and lift stations, park facilities, street pavement, traffic signals, underground utilities improvements. The selected consultant may enter into an agreement with the City to provide constructability review services on an as- needed basis. B. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: 1, Provide pre - design or design stage constructability review necessary to complete the design effort according to the project plans, special provisions, California Building Code (CBC), the Standard Specifications for Public Works Construction ( "Green Book "), Caltrans Standard Specifications and other Federal, State or local specifications. 2. Attend constructability review meeting with City Staff, engineer of record, other team members; and contractors, if required. Consultant shall provide meeting minutes and distribute it to the attendees. 3. The Consultant shall be a registered engineer in the State of California. 4. Provide service for large or complex projects, 5. Provide service for projects with tight construction timeline. 6. Provide service for projects with new method of construction being proposed. 7. Conduct Field review to review the scope of work and identify constructability issues. 8. Deliver a constructability report along the reviewed document to the City. 9. Provide service for Design/Build projects. 10. Provide value engineering as assigned by the City. City of Santa Ana RFP 16 -008 Page Al -1 25C -44 C. CONSULTANT RESPONSIBILITIES Consultant Audit and Review Process: Prior to subject to an audit or review by Caltrans' organizations, or the federal government. D. CITY RESPONSIBILITIES awarding the contract, the selected Consultant shall be Audits or Investigations (A &I), additional state audit 1. Furnish copies construction plans and specifications to the consultant. 2. Furnish other documents or reports related to the project. E. SPECIAL REQUIREMENTS This agreement may be funded, in part, through Federal and Measure M2, therefore requiring compliance with all requirements of Caltrans, OCTA and/or the U.S. Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause. Proposer shall comply with all requirements as they pertain to the use of these finds; refer to Appendix Attachment 5. The following forms in the Appendix (Attachment 5) must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10 -H: Fee Proposal • LAPM Exhibit 10 -I: Notice to Proposers, DBE Information • LAPM Exhibit 10 -K: Consultant Certification of Contract Costs & Financial management system • LAPM Exhibit 10 -01: Consultant Proposal DBE Commitment IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAT THE LATEST VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL. LATEST FORMS CAN BE FOUND CALTANS WEBSITE, CHAPTER 10: www,dot.ra.govlg /LooalPrograms /lam /CHIO.htm If the project will be financed, in part, by federal finds all services rendered shall meet all required federal requirements included in this request for proposal. Consultants are advised that, as required by federal law, the City of Santa Ana is implementing the new Race Conscious Disadvantaged Business Enterprise (DBE) Program. The DBE goal for this agreement is 9 %. Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as- needed basis. The Consultants shall be thoroughly familiar with the Scope of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federal funded projects, All work shall be performed in conformance with all applicable, regulations, policies, procedures and standards. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work. will be reviewed by the City for conformity with the requirements of the Agreement. City of Santa Ana RFP 16 -008 Page Al -2 25C -45 Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub- consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant, • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs, • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated monthly. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. • This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. Consultants are required to inform themselves (ally of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. htt]2://www.dir.ca,goy/public-works/pi.iblic,work-s.html City cf Santa Ana RFP 16 -008 Page Al -3 25C -46 EXHIBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The rates shown on ATTACHMENT 4, FEE PROPOSAL will be used to establish cost for any Task - Orders. 25C -47 Constructability Review for the Public Works Agency Capital Improvement Program AA IDS GROUP 2016 Rate Sheet Principal $175 Associate $165 Senior Project Manager $155 Public Safety /Emergency Response Consultant $155 Project Manager $145 Senior Architect or Engineer $135 Senior Cost Estimator $125 Project Architect or Engineer $125 Designer Architect or Engineer $110 Engineering Designer - BIM $95 Architectural Job Captain I Designer $90 CAD Drafting Engineer I Architect $80 Office Administration $50 Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may be required for community or other stakeholder presentation, shall be billed to the City of Santa Ana at Consultant's direct cost plus 5 %. i ., . 25C -48 Page 1 Constructability Review for the Public Works Agency Capital Improvement Program N 10 V I S 2016 Rate Sheet Professional services (including portal to portal domestic travel time) performed on an hourly basis will be billed at the following personnel rates. Corporate Principal $200 Principal $172 Senior Associate $155 Associate $140 CADD Technician 1 $130 CADD Technician II $120 Office Administration $85 DIRECT PROJECT EXPENSES; Direct Project Expenses (DPE) shall be billed to the CLIENT in addition to fees for professional scope of services at the multiplier of 1.15% of actual cost. They include, but may not be limited to, production `materials' or expenditures on behalf of the project, including: computer related expenses (ie: plotting and digital transfer items); domestic courier delivery service and postage/ shipping/ overnight delivery; facsimile (outgoing); photography and related supplies; applicable travel expenses (including mileage at the current IRS rate); in- house printing/reproduction; special insurance coverage; and subconsultants not retained by the CLIENT. It'�F�t�T:T1I7 25C -49 Page 2 EXHIBIT C CERTIFICATIONS C -1 through C -3 25C -50 Appendix ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW M -COLLUSION APPID& Yff (Title 23 United Slates Code Section 112 and Public Contract Code Section 7106) To (he CITY OF SANTA ANA DEPAl21'MENTOF PUBLIC WORKS In accordance with Title 23 United States Cade Scedon 112 and Public Contract Code 7106 the BIDDER declares Ihal the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or co pornlion; [lint die bid is genuine and not collusive or sham; Ihnt the BIDDER has trot directly or indirectly induced or solicited any other BIDDER to put in n raise or sham bid, and has not directly or indirectly calluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or (lint anyone shall terrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreemem, communiention, 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 1101, 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, nny fee to any corporation, partnership, company association, orgonivaion, bid depository, or to any member or agent thereof to effeclunte 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 signo(ore of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subjo [he certifier to criminnl prosecution. Signed Store of California County or' Subscribed trod sworn to (or affhnned) before me on this _ _ day of _T, 20__, by proved to the en the basis of satisfactory evidence to be the persons) who appeared before me. Notary Public Signature Notary Public Seal SEE, ATTACHED FOR OT � -- -- - City of Santa Ana RFP 10 -008 Page A3,1 RP 25C -51 1-', Is Miff-l" A notary public or Gift or officer completing this cerlificale verifies only the Identify of the Individual who signed the document towhlah this carllficale Is attached, and net the truthfulness, accuracy, or validity of Thal document, County Of ss Subscribed and sworn to (or affirmed( before me on this � day of � 6169, � , 20 �, by \Ci k9�94A.\\V-A 1-MN_ &A proved to me on the basis of satisfactory evidence to be the persoi who appeared before me, 10911.. NEWMAN A COMM 8 2076418 ORANGE COUNTY Q NOTARY PUBUC•CAIIFORNIA '1411 MY COMM1551ON EXPIRES -" Aipe.28.2Ole Signature of Notary (seal} .......... , ----------------------------- _r ----------- . ........ ., Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign language OPTIONAL INFORMATION �A69,A& 004' ) _ ThumbprintnfSlgner Type of Satisfactory Evidence: ___,_ Personally Known with Paper identification Paper Identification _ Credible Witness(es) Capacity of Signer; _ Trustee Power of Attorney cP_O/CFOICOO President / Vice - President I Secretary / Treasurer Either; Other n check here it no thumbprint or fingerprint Is availaub. 2'QQZI IAMWo M91up I'muwalion, IOU, - I800) 689,845e . www.oastalanoiary coin 25C -52 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION —__------ _ - -_ i" ' CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and bclicr, that: l I. No federal approprinted funds have been paid or will be paid, by or on behalf of tho undersigned, to any �i 4 person for influencing or attempting to influence an officer or employee of any federal agency, a Member of i Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with n y the awarding of any felon) contract, the ranking of any federal grant, file making of any federal loan, the entering into of any cooperative ngrreement, and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan, or cooperative agreement, 2. If any fiords other than federal appropriated funds have been paid or will be pnid to any person for influencing or uflempting to influence any officer or employee of any federal agency, a Member orCongress, an officer or employee of Congress, or an employee of a Member or Congress in connection with Ibis Federal contact, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure ", of Lobbying Activities r 'this certification is a material representation of fact upon which reliance was placed when this lmnsaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Titic 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ornot 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. Pinn IDS Group, Inc. Signed and Printed Name: Said Mary, PhD, SE, LEED AP Title Principal Date March 15, 2016 i I I i - Clly of Santa Ana RFP 16 -006 1 Pago A3 -2 25C -53 Appendix ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the porfonnance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Consultant shall lake affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders or the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 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 (I) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by Hiles, 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 City of Santa Ana RFP 16 -008 Page AM 25C -54 administering agency may direct as means or enrorcing such provisions, including; sanctions for noncompliance; provided, however, that in the oven( the Consultant becomes involved in, or is threatened with, litigation with a sub - consultant or vondor as a result of such direction by the administering agency, the Consultant may request that the United Slates enter into such litigation to protect the interests of the United States. 8. Pursuant to Catirernin 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 or race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: s Title: Principal Finn: IDS Group, Inc. Date: March 15, 2016 City of Santa Ana RFP 16 -008 Page A3 -4 25C -55 EXHIBIT D ADDITIONAL PROVISIONS 25C -56 Appendix ATTACHMENT 4 ADDITIONAL PROVISIONS- CALTRANS FORMS Local Assistance Prooedures Manual EXHIBIT 10 -H Sample Cost Proposal EXHIBIT 10 -I3 SAMPLE COST PROPOSAL (EXAMPLE 01) Page l of 2 ACTUAL COST- PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEEBWO ANb ENVIRONMENTAL S=MS) Nate: Mark -ups me Not Allowed Consultant IDS Group, Inc. Contract No. Date April 11, 2016 DIRECT LABOR Classification/Title Name }Tours Actual Hourly Rate Total Project Manager Said I {11my, PhD, SE, LEED AP $71,63 $71.63 Structural Engineer David Pomerleau, SE in) Equipment Rental and Supplies (itemize) $6L54 $61.54 Structural Engineer Melissa Kubischta, SE 0 $35,10 $35.10 Civil Engineer / Surveyor Peter Gambino, PE, PLS, QSD $66.35 $66.35 Civil Engineer Tejal Gandhi, PE, QSD, QSP 0.00 $35.00 $35.00 Electrical Engineer Robin O'Neil, PE proposal in same format as prime consultant $68,75 $65,75 Electrical Engineer Bob N. Kintner $41.83 $41.83 Mechanical Engineer Bruce Bakishaei, ME, EE, LEED AP, BD +C, CxA $0,00 $57.69 $57.69 Plumbing Alfredo Action, CIPE $41.83 $41.83 Lfl VJA UV313 a) Subtotal Decor Labor Costs $100.00 b) Anticipated Salary Increases (see page 2 for sample) 3% c) TOTAL DIRE, LABOR COSTS ((a) + (b)] $103.00 FRINGE BENEFITS d) Fringo Benefits 1&12; 16.68% ) 0 Overhead (Rate: 49y, ) h) General and Adminisnativo (Rise: 64% ) FEE (Profit) q) (Rate: 10% ) OTHER DIRECT COSTS (ODC) e) TOTAL PRINCE BENEFITS L) Overhead [(c) "(t)] i) Gen & Adrnin [(c) + (h)] j) TOTAL INDIRECT COSTS k) TOTAL NIXED PROFIT [(c) a (d)1 $17,18 $49M $65.92 [(e) +(9) +(i)1 $132.10 [(C) +(1)X(Q)l $23,51 Description Unit(s) Unit Cost Total 1) Travel /Milage Costs (supported by consultant actual costs) 0 $0.00 0.00 in) Equipment Rental and Supplies (itemize) 0 $0,00 0.00 n) Peomi Fees theorize), flan Sheets(eaeh), Test Holes (each), etc. 0 $0.00 0.00 o) Subeonsuitaot Costs (attach detailed cost proposal in same format as prime consultant autumn for each subconsultant) 0 $0,00 0.00 p) TOTAL OTHER DIRECT COSTS [(I) +(m) +(n) -1(a)] $0.00 TOTAL COSTS [(C) +(I) +(K) +(P)] $0.00 NOTES: • Employees subject to prevailing wage requirements to be marked with art's • ODC items should be based on actual costs and supported by historical data and Other documentation • ODC items that would be considered "tools of the trade' are not reimbursable • ODC items should be consistently billed directly to all clients, not just when client will pay for them as n street cost • ODC items when incurred for the sane purpose, in like circumstances, should not be included in any indirect cost pool or In overhead rate 25C -57 Appendix ATTACHMENT d ADDITIONAL PROVISIONS - CALTRANS FORMS Local Assistance Procedures Manual EXHIBIT I0d1 Sample Cost Pmposal EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #I) Page 1 of 2 ACTUAL COST -PLUS -FIXED FEE OR LUMP SIN (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGEARMING AND EWERONMnNTAL STUDIES) Nate: Mark -ups am Not Allowed Consultant NUVIS Contract No. Date April 11, 2016 DIRECTLABOR Classification/Title Nam. Hours Actual Hourly Rate Total Principal In Charge Perry Cardona $55.00 $55.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) 0% C) TOTAL DIRECT LABOR COSTS I(a) +(b)I FRINCC BCNEFITS d) Fringe Benefits (Rate: 1 e) TOTAL PRINCE BENEFITS $0.00 [(a) * (d)) $0.00 0 Overhead (Rate: ) g) Overhead [(c) * (1)] h) General and Administrative (Rate: %) i) Gen & Admin [(c) * (h)] $0.00 J) TOTAL INDIRECT COSTS [(c) +(g) +(iA $0.00 PEE (Profit) q) (Rate: 15% IQ TOTAL FIXED PROFIT [(C) +(J)X(Q)l $0.00 OTHER DIRECT COSTS (ODC) Description Unit(s) Unit Cost Total 1) TreveUMinsio Costs (supported by consultant actual roads) 0 $0.00 0100 m) Equipment Rental and Supplies (Itemize) 0 $0.00 0.00 n) Permit Fees (itemize), Plan Sheets (each), Test Holes (each), etc. 0 $0.00 0.00 o) Subconsullant Costs (attach detailed cost proposal in same format as prime consultant estimate for each subconsunanl) 0 $0.00 0.00 p) TO'T'AL OTHER DIRECT COSTS [(I) +(m)I. (n) +(o)] $0.00 TOTAL COSTS [(C) +(7) +(IQ +(P)] $0.00 NO'T'ES: • Employees subject to prevailing wage requirements to be marked with an • ODC items should be based on actual costs and supported by historical data and other documentation • CDC items that would be considered "tools of the trade" are not reimbursable • ODC items should be consistently billed directly to all clients, notjust when client will pay for them as a direct cost • ODC items when Incurred too the same purpose, in like circumstances, should not be included in any indirect cost pool or In overhead rate 25C -58 EXHIBIT 10 -H SAMPLE COST PROPOSAL (EXAMPLE #1) Page 2 of 2 ACTUAL COST - PLUS -FIXED PEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant IDS Group, Inc. Contract No. 1 Calculate Average Hourly Role for tat year of the contract (Direct Labor Subtotal divided by total bows) Date: Direct Labor Total Hours per Avg 5 year Contract Subtotal per Cost Cost Proposal Hourly Duration Proposal Rate Year 1 Avg Hourly Rate 2 Calculate hourly rate for all years (Lacrosse the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation Year l $0,00 + 300% _ $0.00 Year $0.00 + 3,00% _ $0.00 Year 3 $0,00 + 3.00% _ $0.00 Year $0.00 + 3100% — $0.00 Direct Labor Subtotal before Escalation = 3 Calculate estimated hours per year (Multiply estimate ° %a each year by total hours) MOO Estimated %Completed Total Hours per Cost Total Flours per Each Year Proposal Year Year 1 0.00% * 0100 Year 2 0.00% * 0.00 = Year 3 0.00% * 0.00 = Year4 0.00% * 0100 = Year 0.00% * 0100 = Total 0.00% 0.00 = 4 Calculate Total Costs including Escalation (Multiply Average Hourly Rate by die number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 0.00% * 0.00 — $0,00 Year 0.00% °' 0.00 $0.00 Year 3 0.00 °% * 0.00 = $0.00 Year 0.00% * 0.00 = $0,00 Year 5 0.00% " 0.00 $0.00 Total Direct Labor Cost with Escalation = Direct Labor Subtotal before Escalation = Estimated total of Direct Labor Salary Increase = MOO 0 Transfer to Pago I NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contact, and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase %multiplied by the # of years is not acceptable. (i.e. $250,000 x 2 %x 5 yrs = $25,000 is not an acceptable methodology) • This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 25C -59 N Q U z o aU u� �z� 0 Oa w U az� 0 ac0 o O U F � � H O W W 4 N H .a A z 4 0 o U t"i II W o U s�v 'd A O U S O u� C a x C C F a L d C� + z o � b o O D � + z$ z8 v w q'ipffllill O to •� ro s� O N w�s �a �p o � �p o o 0 4 v 2: aJ w o 49 N g U J7 � b0 � m a w b6 O y� 4 z'w"w° OQw° tlzzzz z`z'z;�`z °o, °o, °o, 0 x�o o e - o 0 O O O O 72�- O O 4 O O sy O1 to M M M O1 M M M A �r � ;A o n o m e W p li m oo w o to 6b9 6b4 f.�i 6�9 6A T O O O O O O O O O O 0 Nv CD N q'ipffllill O to •� ro s� O N w�s �a �p o � �p o o 0 4 v 2: aJ w o 49 N g U J7 � b0 � m a w b6 O y� 4 z'w"w° OQw° tlzzzz z`z'z;�`z 72�- A �r � O Q F, 04 o m M W p q'ipffllill O to •� ro s� O N w�s �a �p o � �p o o 0 4 v 2: aJ w o 49 N g U J7 � b0 � m a w b6 O y� 4 z'w"w° OQw° N yy o� F WF� a1�o�f� Q W °awe Uz �wo 0 .E"r Orman F O U w 0 N Q S C II O c U gd 5q U U 0 ci II z 0 Uf°y o a v zA g� U A z� F 5 C m � .a F m Q + 9 C1 b�A G w � is � g � o U V 9 0 � O •d a5 "d Yro d A ppr,, r+i � b z 0 y A bNq a W x ran Q rr� g 4 e 5 pb "p °o o � a F' o ro 6 .q ,y b F N a 0 ii-21 W L51► -b1 is � Q z � o U V 9 0 � O •d a5 "d Yro d A ppr,, r+i � b z y A bNq a W x ran °o rr� g 5 "p A U 'G a F' o ro L51► -b1 � U � o U V 9 0 � O •d a5 "d Yro d A ppr,, r+i � b y A bNq a W OM C! ran o U O � II "d Yro zcow ppr,, r+i U Qt�H o W U �Wz,o �oa W a � � � W U'Z' C7 � W p+ O � F M V a. A z �pp U 0 I V 25C -62 a a � > � p � o � � o � U b A a � s •S � e � L', '� & y R �7� N to cT V1 i0 h �o 0 OO 4 0 0 0 0 0 S 0 S 0 0 0 0 0 0 0 0 0 0 0 0 Ci 0 0 4 0 k„+ 4fs 64 64 64 43 Vi 64 69 Nf 69 Y3 <f] Ffl 69 U O E" F x� Z8 � � o O Om V A °o °p• °o °o °o oo• g o0 0 a a � po °o � p Ey o 69 0 69 o Vi ci � 0• 44 p 64 o 64 0 64 0 Hi 0 69 0 69 0 69 0 69 0 f/3 O N � z 0 0 U � � Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 t7 O O O O CJ C1 0 U y E`" O H a 0 z A 25C -62 a a � > � p � o � � o � U b A a � s •S � e � L', '� & y R �7� N to cT V1 i0 h �o EXHIBIT 10 -E SAMPLE COST PROPOSAL (EXAMPLE #3) COST PER UNfF OF WORK CONTRACTS (GEOTECHNICAL AND MATERIAL TESTING) Consultant IDS Group, Inc. Contract No. Unit/liem of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Hours Plourly Total (s) Billing Rate ($) Professional (Classification) $0.00 Sub-professional/ Technical* $0.00 EQUIPMENT (with Operator) $0.00 OTHER DIRBCT COST Unis) Unit Cost Description $0.00 $0.00 Mobilization /De- mobilization $0.00 $0.00 Travel /Mileage $0.00 $0.00 Report (if applicable) $0.00 $0.00 TOTAL COST PER UNIT OF WORK $0.00 Date: • Denote labor subject to prevailing wage with asterisic ( *). • Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). • Hourly billing rates include hourly wage rate, net fee /profit, indirect cost rate, and actual direct equipment rate. • Mobilization/De- mobilization is based on site location and number and frequency of tests /items. • ODC items should be based on actual costs and supported by historical data and other documentation. O ODC items that would be considered "tools of the trade" are not reimbursable. 25C -63 Local dsaislauee Procedures Ninnual EM BIT 16-K Consultant Certification of Coulract #,'Data and sniem. EMUM 14 -K. CONSU41`AN7 CER=, CATIONOV CCliSTMACT C'DS'ES AND FEWNC'L L MAXI== SS'ST8t1 (Note: Tfreifctoroingtorl'dfi thaSaeMorborlxrtrrsrt Cost t &PsubviFtAttacbrttentIof DL,I-t}& 13 -07 -:Safe Harbor Irdirect Cost Rate far Coiisnftant Contracts fmlidat frig:Te4rnnv.darsca. fiats^'b , 2ora 'iPrage•anraiDl„f_t7}3Jd)L�4 - fkli.Irlrn in fiRu of tbft form j CertifleaHon of Final Indirect Costs:. Consultun FirmName: IDS Group,.lnc. Indirect Cost Rate. 134% 'aforfiscalperiod January 1, 2015 -December 31, 2015 'Fiwnl period covered for Indirect Cost Rate developed (not the contract period). Local Government: Contract Number: Project Number: L the undersigned, certify that 1 have reviewed the proposal to establish frail indrect cost rates for the fiacsl period as specified above and to the best of nry'knowledge and belief: 1,. All coats included in this proposal to establish fmal Indirect Cost Rates are allowable in accordance with the coat principles of the Federal Acgtizeibion Regulations (FAR) of Title 48, Corte of Federal Regulations (CFR), Part 3t. 2. This proposal does not include arry costs which axe eiTaressly imalloLwable wider the cost principles of FAR of 48 CM Part 31. All known material transactions or events that have occurred affecting the firm's ownership; organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. f ertificallon of Finuucia�l managernent System: I, the undersigned, certify to the best, of my knowledge and belief that our Fhumciial Management System meets the standards for financial reporting, accounting records, intemaul and budget control no set forth in the FAR of Title 49, CFR, Pork 18.20 to the extent applicable to Consultont. Cerfi'fiendon of Dollar Amount for all Ark F Contracts: I, the tmdersigued, certfy That the approximate dollar amotmt of all ME contracts awarded by Cahm s%or a California local agency to fins firm within the last three (3) calendar )wrs for all State DOT and Local Agencies is $ NIA and the number of states in which the fare does business is Gerflfiention of Direct Costs: L the rudersigked, certify to the best ofrny knowledge and belief that all direct costa identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract iu accordance with the cost principles of the FAR of Title 48, M, Put 31. Allowable direct casts to a Government contract shall be: UP 18 -41 City of Santa Ana RFP 16 -008 Page A4 -9 25C -64 Page 1 of 2 Jmman\ 14, 1 O Laml AnIstameep'roeeduraa Manual E7:E MT 10-K Causaltaat Certification of Caulraet Coate anal Pivaadal Management: System 1. Compliant with 0enerallyAccepted Accounting Principles (GAAP) and standards promulgated by the Cast Accounting Statrdarda Bayard (when applicable). 2. Compliant with the terms of the contract and is iuctured specifically for the contraeL 3. Not prohibited by 23 CK Cbapter 1, Part 172 — Administration of Engineering and Design Related Service Confmcts to the extent requirements we applicalsle to Consultant. All casts must be applied comistandy and fairly to all contracts. All documentation of eompltaiicee emit be retained in the project files. Subeonsaltanrs Of applicable) Proposed Contract Amount (or amount not to exceed i fon-call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amomrt not to exceed if urn -call coutracor $ Prime, list all subconatdtmis and proposed subcontract dollar amounts (attach adalifional page if mcinsary): $ Consultant Cerlifjiug (Print Name and Title): Dame: Said Hllmy, PhD, SE, LEED AP Title: President Consul# M Cert ftcat on Sigashue * *: NOW Date of Certification (mmrdd/yyyy): Apri17, 2016 Consultant Contact information: Email :, said.hilmy@ldsgi.com Phone number:, 949.387.8600 *$An indi ddunl executive or financial officer of the consultant's organizations at a level no lower than a Vice President or Chief Eiuunmal Ciffice€, or equivalent, who has authority to represent the fnanciai informat on utilized to establish the Indirect Cost Rate proposal submitted in conjunction. with the contract. Nate: Per23 rf.ZC: I pan 3P, 23 M Sol 172.311.OWlanns Saa'N: CSM.M.1lmitrnrmislzaa drWMdnal as j rwi }uwr)darr,�.eugikavmlxgmad&dpf MaWsoilev a ap rp m zReaantmcr. 37a¢r3t5an, suhcnturaltmrxeaspmrfrs 4{'a cantrxwzmuslaamptaaces :arJt}fcmaa andseru7or�Gealsaa .;fu°eCnnrdlxrpcupies do daend,dgwecv Pa•4fes1 FY1as. Dtstnbutiam: 114n�ou1 to Caarsaa A•uiaK seal Tea�tlgativ¢s `f} ASt� �,IzrcztAg�rl�lett Fly page 1 nr3 UP 10 -01 January 14, 1019 City of Santa Ana RFP 16 -008 Page A4 -10 25C -65 Local Assistance Procedures Manual EXU1131T 10 -1 Notice to Proposers DBE Information EXHIBIT 10 -I NoTICE To PROPOSER5 DBE INFORMATION The Agency has established a DBE goal for this Contract of 9.00 % OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1, TERMS AS USED IN TIIIS DOCUMENT o The term "Disadvantaged Business Enterprise" or "DBE" means a for- profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. The term "Agreement" also means "Contract." o Agency also means the local entity entering into this contract with the Contractor or Consultant. ® The terin "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, `Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure (list DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance, The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10 -01 Consultant Proposal DBE Cmronitmerd must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer mast document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10 -02 Conscdtani Contract DBE Information must be included with the Request for Proposal, Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4, DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following; A A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). LPP 13 -01 25C -66 Page I of 3 May 8, 2013 Local Assistance Procedures Manual GXHBIT (0 -1 Notice to Proposers DBE Information B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or tucking companies. 3. The proposer, prior to proposing, made adequate good Faith efforts to meet the goal. D. A DBE joint venture partner trust be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of thejoint venture commensurate with its ownership interest. E, A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for cacti portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid /cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants, 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number I- 866 -810 -6346 for assistance. B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: littp : //hvww.dot.ca.gov /ltq/bep /. L Click on the link in the left menu titled Disadvcinta ,-ed Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Ouery Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE ❑BE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased fiom a DBE regular dealer, cant 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept ill stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm nuut be sn established, regular business that engages, as its principal business and under its own name, in [lie LPP 13 -01 25C -67 Page 2 ol'3 May 8, 2013 Local Assistance Procedures Manual LXH BIT 10 -I Notice to Proposers DBE Information purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating cr maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long -term lease agreement and not an ad hoc or Agreement -by- Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. LPP 13 -01 25C -68 Page 3 o1'3 61ay 8, 2013 Local slsaistouca Procedures Afanval Exldbit 10 -01 Couiullant Propusnl D3E Commitmaut 1, LDoal A.geriW, 3. Fmjent BescrfpHos: 4. Pm]ect Locatim; _ 5.. Cansuhanrs Name E)= XT 10 -01 CO;dSULTANf P1ZtiE°td'aetii,,I1Fi'E C'OAMOT#1EN1 2. Contract DBE CW: 9, Prime CethfiedODE- C 7. Desm"on of � 9eemAw. or lelatarials 9. DBE Certification NurrW 9. BBE Cantaatln(omralon 10. DOE V. Landscape Architect 6324 Los Angeles County Metro Transportation Authorit MTA goo One Gateway Plaza Los Angeles, CA 90012.0000 Focal lei -yfo COmpR$a this Seottun _...... 17. Loost Agency Cmdract pwmbw 16, Federa6W Prefect Nuudrv: i1..TOTRL CLAIMED BBE PARTICIPATION go /H 55 tB. Proposed Conhact Eyectfan Cfafe: IMPCRWIT- Identify all CBE firms being claimed far credit, Lcoal Agensyoerd%s that a7 BABE. aertiiDdbra are wild and Information an this ferm IsecmPleus mid acaurate. regardless of tiv. Wfitten confiraraft of each dCBEs required. �„,,,, April 7, 201B 20.laal.Agenoy aepreeenrativek algnH7uee P1. Rate 1CzL.Pke+g 11 ulumium 1&, Cale M. Loa Agency e - a u*�ne anima- Said Hilmy PhD SE LEEDAP 949.387.8500 7T. repsre s amp a . vnwe Princi al 24. Laca3 Agunay f#aprasrudateMee ie 6.Plrapaae sTjde DISTRIBUT101 %L Crlginal- Included rdth amsultanrs pmpasalto local agaaay. ACANObar ForincWldUA6VA0 WSM dISJUMes.tris oocnnent is Naive it alomm %cm'e':... For kccemehm uil lsl8)6S't-641borTOpt5teJ95k- BaarxaSeReLUa &ana FCm'b h! 3t�nent. 1120 NML !67.99, 1°Yr anR;nt0. C144 ib. Page 101`2 3u1S' -3r :w City of Santa Ana RFP 16 -008 Page A4 -11 25C -69 Y AA b qa m 'd d N N G M a� hj l ,A �11I� M �j p ci ✓' mmrfi"' :'i�i,�y 173wt� ��:' '�r,�tNN';!.r..., �„r�nl a D H t52n 1 1 p r ! t W p,. M o .�J' .'"o-' 4 i " 4 I Y" W ✓ AR r All Br y Wq d IRC '9lid O y v° `Ip m w Q� :Zi d o d d U rq LL L a O .—q 2,5.C._70 _........._.