HomeMy WebLinkAbout25A - AGMT - CONSTRUCTION SURVEYING SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 5, 2017
TITLE:
AGREEMENTS WITH JOHNSON -FRANK &
ASSOCIATES, INC., HUITT-ZOLLARS, INC.,
AND D. WOOLLEY & ASSOCIATES FOR ON-
CALL CONSTRUCTION SURVEYING SERVICES
(STRATEGIC PLAN NO. 61 1G)
y ,
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on tat Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute agreements with Johnson -Frank &
Associates, Inc., Huitt-Zollars, Inc., and D. Woolley & Associates to provide On -Call Construction
Surveying Services for the two-year term beginning July 5, 2017, and expiring on July 4, 2019, with
provisions for two one-year extensions exercisable by the City Manager and City Attorney, for a total
amount not to exceed $250,000 for each firm 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 (PWA) is responsible for providing construction surveying for the City's capital
improvements projects to ensure that the improvements are built in the locations, elevations, and
alignments shown on the plans. In addition, as required by the Business and Professional Code of the
State of California, PWA is also responsible for restoring survey monuments and street centerline records
if they are disturbed by construction activities.
Since there is only one surveyor in Public Works, it is necessary to retain the services of engineering
and/or land surveying firms for on-call survey services. Outsourcing these services will allow the City to
keep up with construction project workloads and ensure performance of the survey tasks required by the
Code. The cost of these services is recognized as a construction management activity and is
reimbursable from the various grants which the City is awarded.
On March 20, 2017, the Public Works Agency released a Request for Proposals (RFP) on the City's
website and notified qualified consulting firms to provide On -Call Construction Surveying Services. Eight
proposals were received and evaluated by a review committee from the Public Works Agency. Each firm
was rated according to its organization, credentials, resumes, references, and fees to provide the
services. The list of the firms and their respective scores are listed below:
FIRM
SCORE
Johnson -Frank & Associates, Inc.
89
Huitt-Zollars, Inc.
86
D. Woolley & Associates
80
KDM Meridian
78
Consultant Agreements with Johnson -Frank, Huitt-Zollars & D. Woolley for On -Call Construction
Surveying Services
July 5, 2017
Page 2
FIRM SCORE
Towill, Inc. 76
CASC Engineering & Consulting 75
Joseph C. Truxaw & Associates 70
IMEG Engineers 62
Based on their ratings and experience with the City, staff recommends that the firms of Johnson -Frank &
Associates, Inc., Huitt-Zollars, Inc., and D. Woolley & Associates be retained for the services. These
services will be used on as -needed basis. Each agreement will be in the amount not to exceed $250,000
for each firm over the entire term of the agreement, including any renewals (Exhibits 1, 2, and 3).
Public Works will use a task -order system to ensure tasks are equitably allocated to all the firms.
However, since the survey services are oftentimes needed on short notice, it may be the firm's availability
that is the determining factor.
On June 22, 2017, staff held a Meet and Confer with representatives from Service Employees
International Union 721 to discuss the proposed services as required under the terms of the Memorandum
of Understanding.
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 G
(develop and implement the City's Capital Improvement Program in coordination with the Community
Investment and Deferred Maintenance Plans).
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.
Fred Mousavipour
Executive Director
Public Works Agency
FM/EWG/TC/MG
Exhibits: 1. Agreement with Johnson -Frank, Inc.
2. Agreement with Huitt-Zollars, Inc.
3. Agreement with D. Woolley & Associates
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AGREEMENT TO PROVIDE CONSTRUCTION
SURVEYING SERVICES ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this 5th day of July, 2017 by and between
Johnson -Frank & Associates ("Contractor"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. On March 20, 2017, the City issued Request for Proposal No. 17-009, by which it
sought Contractors to provide On -Call Construction Surveying Services for the
City of Santa Ana Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 17-009 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor Linder
this Agreement will be per£onned in compliance with such standards as may
reasonably be expected from a professional contracting firm in the field.
NOW 'THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A. Contractor's proposal is incorporated by reference as
though fully set forth herein. When the need for services arises, City may initiate services
through use of a task or similar order issued to Contractor.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of three Contractors selected to provide construction surveying
services on an as needed basis under RFP No. 17-009. The total compensation for
Contractor, as one of the selected contractors, for services provided under RFP
No. 17-009, shall not exceed $250,000 during the term of the Agreement,
including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
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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 and Scope of Work, which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue for two (2)
years, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for up to two (2) one-year extensions upon a writing executed by
the City Manager and the City Attorney,
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Contractor under this Agreement ("Documents & Data').
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive
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and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor 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.
G/MMMMMIR Mere)M
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor 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 Contractor'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, volunteers and representatives as additional insured(s); (b) be primary
with respect to insurance or self insurance programs maintained by the CITY; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior
to commnencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
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(i) Contractor 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 famished 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 cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish 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 Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INIDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indenmify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement; or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited; to the
extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
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9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives fi-om the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of thus 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
12, CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services. Conflicts may be
further specified in Certifications — Exhibit C, attached hereto and incorporated in this
Agreement, by reference.
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13. NOTICE
Any notice, tender, demand, delivery, or other coammnication 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
Executive Director
Public Works Agency
City of Santa Ana
24 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax: 714-647-5635
To Contractor: Johnson -Frank & Associates
Attn: Alan D. Frank
5150 E. Hinter Ave,
Anaheim, CA 92807
Fax: 714-777-1641
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized representative
of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the teras and conditions hereof, shall not
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bind or obligate Contractor or the City. Each party to this Agreement aelmowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed
by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or
right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether
or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services perfonned by Contractor 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 Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor 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.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations and as finther specified in Certifications — Exhibit
C, attached hereto and incorporated in this Agreement by reference.
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19. 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 Couzity, 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.
20. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
Signatures continued on next page
CYNTHIA J. ICURTZ
Interim City Manager
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APPROVED AS TO FORM
SONIA R. CARVALHO CONTRACTOR
City Attorney
Ey:
J061M. Funk Name:
Assistant City Attorney Title:
FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
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EXHIBIT A
SCOPE OF SERVICES
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10:RIr:rr�a
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
CONSTRUCTION SURVEYING SERVICES
RFP NO.: 17-009
Introduction and Background:
The City desires to engage qualified firms to provide On -Call Construction Surveying and Map
Checking Services,
Description of Work:
Construction Surveying Services
In general, the Consultant shall perforin monument preservation and construction staking for
various City projects on an as -needed basis. A California -licensed land surveyor shall be in
responsible charge of all survey work performed under the agreement.
The Consultant's services shall include, but not be limited to, the following:
A. Research existing County and City records for survey monuments within the project
area.
B. Prior to any clearing, removal, or excavation efforts, perform a diligent search for
property line monuments, street centerline monuments, and benchmarks within the
project area, recording their identities and precise locations in reference to monuments or
witness monuments that will not be disturbed during construction. The records of these
monuments and references shall conform to Section 8771 of the Business and
Professions Code of the State of California. After completion of the construction, any
monument disturbed or removed during construction shall be reset; conforming to
Section 8771. Each centerline intersection shall be drawn on a single Corner Record
showing local tic points and tie distances. A pdf copy of the final receded Corner
Record shall be submitted to the City.
C. Provide construction staking for project improvements. Records of the line and grade
stakes (cut sheets) shall be on forms provided by the City, and the originals shall become
the property of the City upon completion of each survey request. The City will provide
digital construction plans and specifications for each project.
D. Set line and grade stakes in accordance with the plans and specifications. Notify the City
immediately of any discrcpancies or clesign errors discovered on the plans during staking
or when verifying the line and grade of existing improvements atjoin points.
City of Santa Ana RFP 17-009
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E. Complete the construction staking within rite time frame specified on the Survey
Request Form, or (given minimum notice) commence the staking no later than two
working days from the receipt of the request, providing continuous service until the
request is complete.
F. Furnish all office support, labor, materials, equipmont, tools, and incidentals necessary
to complete the specified surveys. The costs for these items shall be included in the
hourly or Iump stun costs and no additional compensation will be allowed therefore.
G. Attend meetings with City's staff as required.
Map Checking Services
A. Information furnished by the City for checking will be roughly as follows: 1 set of
Exhibits, title reports, reference documents (Beed, Parcel Map, Tract Map, etc.), traverse
closures, and improvement plans.
B. Review Exhibits for technical correctness and completeness, consistency with the City
guidelines and requirements, compliance with the Subdivision Map Act, and acceptance
for recording.
C. Review title report and existing easements for correct plotting and references.
B. Review improvement plans associated with the project to ensure the Exhibits correctly
identify the limits and location as shown on the improvement plans.
E. Provide a set of redline check prints showing the redlined comments, and required
corrections and information.
F. Provide a check letter covering the major required comments, and corrections and
instruction for future submittals.
G. Provide a timesheet at the end of every review to include, but is not limited to, project
name, review number, dates, review hours, hourly rate, and total cost.
Miscellaneous Services
A. Provide survey services as requested. A detailed scope of work will be outlined when
specific project is assigned to the consultant. Services shall include, but are not limited
to, cross-sections, intersection grids, centerline determination, digital terrain models
(dun), right of way determination, utility profiles and exhibits.
B. Generate a computer drawing in Microstation V8 format as well as the sample survey
drawing on the City of Santa Ana website listed in iters K below.
C. All survey needs to be prepared to the satisfaction or the City's Surveyor and meet the
following standards:
City of Santa Ana RPP 17-009
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D. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to
a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch
Adjustment control points. Project coordinate values shall be provided in U.S. Survey
Feet. The County control points shall determine the Basis of Bearing for the project.
E. Vertical control shall be based on the North American Vertical Datum of 1988
(NAVD88), tied to a minimum of two proximate County of Orange bench marks.
Project elevations shall be provided in U.S. Survey Feet.
F. Horizontal alignments) for the project shall be tied to the survey centerline monuments
within the project area.
G. With the coordinate values, a full location and detailed description, including point
character with reference(s), shall be provided for all found and set monuments for the
project. For this purpose, a sketch of the control network is required.
11. Copies of all survey field notes and raw data files shall be provided along with a listing
of the final coordinates for all surveyed points. The digital file format for the listing
shall be: point number, northing, casting, elevation, description (comma delineated with
no spaces, one point per line), The coordinate precision shall be one hundredth of a foot.
I. At any given time the City may need to mobilize survey crews to different project sites,
the consultant shall have a minimum of three (3) survey crews for mobilization.
J. All City CADD standards as well as Microstation configuration files are located at:
K. http://wwGv.santa-ana,org/pwa/EngineeringServices.asp
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant
shall be subject to an audit or review by Caltrans' Audits and Investigations (A&I), other state
audit organizations, or the federal government. The selected Consultant shall complete Exhibit
10-K — Consultant Certification Contract Costs and Financial, in the Appendix of this RFP as
Attachment 4.
City Responsibilities:
1. Furnish construction plans and specifications to the consultant,
2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in
advance for the required inspections and tests.
Fee Proposal:
In addition to Section IILB.3 (Submittal Requirements: Fee Proposal) fee schedule shall be
structured as follows:
* For Caltrans funded projects, reference LAPM Exhibit 10-H (sample cost proposal) and is
include in Attachment 4.
City of Santa Ana RFP 17.009
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The City does not guarantee the quantity of the work to be performed by the selected firm. The
consultant shall be paid for the actual services provided for the project according to the proposed
hourly rates and unit costs,
In addition to the FEE SCHEDULE, the proposer shall submit another fee proposal to Include
construction surveying services that can be provided by the proposer but are not included in the
FEE SCHEDULE. This fee proposal should be included in the aforementioned envelope.
Special Requirements Attachment4:
Compliance with Requirements of Funding A eley;
This agreement may be funded, in part through Federal and Measure M? funds , therefore
requiring compliance with all requirements of Caltrans and OCTA. Proposer shall comply with
all requirements as they pertain to the use of these funds; refer to Appendix Attachment 4.
• LAPM Exhibit I0 -H: Sample Cost Proposal
• LAPM Exhibit. 10-I : Notice to Proposers. DBE Information
• LAPM Exhibit 10-01; Consultant Proposal DBE Commitment
• LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial
management System
IT SHALL BE THE KESPONSPILITY 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.cn gavlhglLocalPragranis(lam/CH IO,htm
If the project will be financed, in park, by federal funds 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 contract is 00/0.
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. 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.
City of Santa Ana RFP 17.000
Page A1.4
25A-16
• 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 fully of the conditions relating to labor under which the work will be
performed. In accordance with the California State Labor Code, prevaiting wage rates
apply per the following link,
httoWwwwAinca. ov/public-w rks4pgblicyyorks.htmI
City of Santa Ana RFP 17-000
Page Al -5
25A-17
EXHIBIT B
FEE SCHEDULE (OR) RATES AND CHARGES
Page I 1 of 12
25A-18
On -Call Land Surveying Services
The City of Santa Ana
Alternative Schedule of Hourly Rates for Services
Performed by our Company for the City of Santa Ana
June 2017 to May 2020
Licensed Surveyor/ Survey Manager
Senior Technician
Technician/CAD/GIS Operator
One Person Survey Party w/equipment
Two Person Survey Party w/equipment
Three Person Survey Patty w/equipment
Clerical/Delivery
Sub -consultants (GPSi Photograrmnctry and LiDAR) and Reimbursable Items
GPS Equipment (I unit per person included in above crew rates)
3D Lasa Scanner
$ t 74.00
$129,00
$117.00
$157.00
$260.00
$347.00
Included in Overhead
Cost
$100/unit/day
$1,250/day
Authorized overtime shall be charged at L5 times the regular rate except for Sundays and/or holidays.
Rates for Sunday and for holidays shall be 2.0 times the regular rates.
Daily overtime billing tot, field survey work during Monday through Friday does not commence until 8
hours of on-site work has been completed.
Rates may only be changed by mutual consent.
Note:
However, if the CaYfrans calculated rate suvcture is required, see tile'follo'wing calculation tables.
5150 E. Hunter Ave. Anaheim CA 92807
(714) 777-8877 alanfrank@johnson-frank.com PAX: (714) 777-1641
25A-19
EXHIBIT C
CERTIFICATIONS
Page 12 of 12
25A-20
EXHIBIT C
Appendix
A.TFACFUMENT3-1;NO.."-COLLUSIONAFFIDAVIT
CERTIFICATIONS
NO-COLLUSIONA'FFIDAV[T
(Title 23 Unitcd States Code Section 112 and
Public Contract Code Secllon 7106)
To the CITY or SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Tide 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is nor made in the interest of, or on behalf of, nny undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or shah; 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 BIDMR or anyone else to put to a sham bid, or that anyone shall
refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bill are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof; or divulged information or data relative thoratn, or paid, and will not pay,
any fee to any corporation, parmership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit Is pact of the Proposal. Signing this Proposal on the signature
portion thereot'shall also constitute signature ot'this ;'Jon -collusion AFfdavh. BIDDERS aur, cautioned that
making a false certification may sabicct the, certifier to criminal prosecution,
Signed
State of California
County of-0-1^006k�
Subscribed and sworn to (or affirmed) before me on this )O' day of i�y_, 20t-1, by
tow O � Part , proved to the on the basis of satisfactory evidence to be the persons) who appeared
before me.
BaYppptpONO MEflARMDHFR YpaepprlaBpp�
APU ON00N
NOTARY PU6Utl• Cow%t02I291 ng
✓' l l '.YS �rs ORANGE�,✓ COUNTExOAI.IFOitNIA w hly Car;mission pires i9,'Sn9 a
tlpC9pay pp BY<i BP epBaap9pY Ypq pappaa BeYYA
Afvy�Publ tgnature Notary Public Seal
City of Santa Ana RFP
Page A3.1
25A-21
ATTACMIENT 3-2: NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
know edge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of 'Are 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 Meutber of Congress
in connection with tic awarding of any fWoml contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement,. and the extension, continuation,
renewal, amendment, or modification of any (dderal contract, gran, loan, or cooperative agreement,
2_ If any finds odicrlhau federal appropriaiud funds have been paid or will be paid to any person for
influencing or attempting to influence anv officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of Member of Congress in
connection faith thus federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete andsubmit 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 certiffeatlon is a prerequisite for making or entering into this transaction Imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to Pile the requhvd certification shall be subject to a civil
penalty o£not less than 510,000 and not more than $100,000 for each such Allure.
The prospective participant also agrees by submitting bis or her bid or proposal that he or she shall require that the
language ofthis certification be included in all lower tier subcontracts, which exceed S 100,000 and that all such sub
rmipients shall certify and disclose accordingly.
Fitrn
Signed and Printed Name: F c / 14. A,. 6 F -CA �
Titlefi
Date t 41142- 01
City of Santa Ana RFP
Page A3-2
25A-22
Appendix
AT'I'ACHMLrNT 3-3: NON-DISCRIM INATION CERTIT,ICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1, The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees rine treated diving employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but nut be limited to, the
following: employment, upgrading, domotion, 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 Coustdtant 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.
s. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books; records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders,
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Governmont
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of Septomber 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law,
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
Cha provisions of paragraphs (1) through (7) in every suboantra.ot or purchase order unless exempted
City of Santa Ana RFP
Page AM
25A-23
by rules, regulations, or orders of the Secretary of Labor Issued pursuant to Section 204 of Executive
Order 11246 of September 24, 19651 so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, howevor, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub-eonsuitant 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.
&, Pursuant to California Labor Code Section 1735, as added by Chapter 643 stats. 1939, and as
amended,
No discrimination shalt 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: Y FS, a t:I-r ._
Firm; _ Jara_Ws��t�— n ,u�... .xgar°r
Date: y tr 20 j
City of Santa Ana RFP
Page A3.4
25A-24
AGREEMENT TO PROVIDE CONSTRUCTION
SURVEYING SERVICES ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this 5t" day of July, 2017 by and between Huitt-
Zollars, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On March 20, 2017, the City issued Request for Proposal No. 17-009, by which it
sought Contractors to provide On -Call Construction Surveying Services for the
City of Santa Ana Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 17-009 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of City, Contractor shall perforin the
services that are described in Exhibit A. Contractor's proposal is incorporated by reference as
though fully set forth herein. When the need for services arises, City may initiate services
through use of a task or similar order issued to Contractor.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of three Contractors selected to provide construction surveying
services on an as needed basis under RPP No. 17-009. The total compensation for
Contractor, as one of the selected contractors, for services provided under RFP
No. 17-009, shall not exceed $250,000 during the tern of the Agreement,
including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
Page 1 of 12
2�3KU276
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 and Scope of Work, which may
reasonably be expected by City,
3. TERM
This Agreement shall commence on the date first written above and continue for two (2)
years, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for up to two (2) one-year extensions upon a writing executed by
the City Manager and the City Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage haws"), which require the payment of prevailing wage rates and the
perfornance of other requirements on "public works" and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total connpensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws, Contractor shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire tern 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 constnied 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
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Contractor under this Agreement ("Documents &: Data").
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive
Page 2 of 12
25A-26
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor 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.
%. INSURANCE
Prior to undertaking perfonnance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor 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 Contractor'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) nae the CITY, its officers, employees,
m
agents, volunteers and representatives as additional insured(s); (b) be primary
with respect to insurance or self-insurance programs maintained by the CITY; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of riot less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Contractor, if Contractor 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, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor 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 Contractor
pursuant to this section:
Page 3 of 12
25A-27
(i) Contractor 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 cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
If Contractor 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 Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury; including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of flus Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782,8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
Page 4 of 12
25A-28
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
tinder this Agreement. Contractor shall maintain coinplete 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose Bach information except in the performance of this Agreement, and
finther 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 Contractor disclosed in a. publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any mariner with performance of services. Conflicts may be
further specified in Certifications — Exhibit C, attached hereto and incorporated in this
Agreement, by reference.
Page S of 12
25A-29
13. 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
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax; 714-647-5635
To Contractor: Huitt-Zollars, Inc.
Attn: Marc Haslinger
2603 Main Street
Suite 400
Irvine, CA 92614
Fax: 949.988-5820
A party may change its address by giving notice in writing to the other party. 'Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral.
or written, between the parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized representative
Page 6 of 12
25A-30
of Contractor. 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 Contractor or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assigrnnent, 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.
16. "WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed
by the party waiving the breach, failure, tight or remedy. No waiver of any breach, failure or
right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether
or not similar, nor shall any waiver constitute a continuing waiver artless the writing so specifies.
EUI Y Dl NiYih/Y Ilk�7►1
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor 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 Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
Payment need not be made for work which fails to rneet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
Page 7 of 12
25A-31
federal, state and local laws and regulations and as further specified in Certifications — Exhibit
C, attached hereto and incorporated in this Agreement by reference.
19. JURISDICTION -VENUE
This Agreement has been executed mud 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.
20, PROFESSIONAL LICENSES
Contractor 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. Contractor 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,
21. MISCELLANEOUS PROVISIONS
a, Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. I-IUIZAR
Clerk of the Council
Signatures continued on next page
CYNTHIA J. KURTZ
Interim City Manager
Page 8 of 12
25A-32
SONIA R. CARVALHO CONTRACTOR
City Attorney
By:
Jo M, Funk Name:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
Page 9 of 12
25A-33
EXI3IBIT A
SCOPE OF SERVICES
Page 10 of 12
25A-34
EXHIBIT A
Appendix --------
ATTACHMENT I
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
CONSTRUCTION SURVEYING SERVICES
RFP NO.: 17-009
Introduction and Background:
The City desires to engage qualified firms to provide On -Call Construction. Surveying and Map
Checking Services.
Description of Work:
Construction Surveying Services
In general, the Consultant shall perform monument preservation and construction staking for
various City projects on an as -needed basis. A California -licensed land surveyor shall be in
responsible charge of all survey work performed tinder the agreement.
The Consultant's services shall include, but not be limited to, the following:
A, Research existing County and City records for survey monuments within the project
area.
B. Prior to any clearing, removal, or excavation efforts, perform a diligent search for
property line monuments, street centerline monuments, and benchmarks within the
project area, recording their identities and precise locations in reference to monuments or
11
witness morutments that will not be disturbed during construction. The records of these
monuments and references shall conform to Section 8771 of the Business and
Professions Code of the State of California. After completion of the construction, any
monument disturbed or removed during construction shall be reset, conforming to
Section 8771. Each centerline intersection shall be drawn on a single Corner Record
showing local tie points and tie distances. A pdf copy of the final receded Corner
Record shall be submitted to the City.
C. Provide construction staking for project improvements. Records of the line and grade
stakes (cut sheets) shall be on forms provided by the City, and the originals shall become
the property of the City upon completion of each survey request. The City will provide
digital construction plans and specifications' For each project.
D. Set line and grade stakes in accordance with the plans and specifications. Notify the City
immodiate-ly of' lily discrepancies or design errors discovered on the plans during staking
or when verifying the line and grade of existing improvements atjoin points.
City of Santa Ana RFP 17-009
Page Al -1
25A-35
E. Complete the construction staking within the time frame specified on the Survey
Request Form, or (given minimum notice) commence the staking no later than two
working days from the receipt of the request, providing continuous service until the
request is complete.
F. Furnish all office support, labor, materials, equipment, tools, and incidentals necessary
to complete the specified surveys. The costs for these items shall be included in Elie
hourly or lump swn costs and no additional compensation will be allowed therefore.
G. Attend nieetingas with City's staff as required.
Mal) ) Checking Services
A. Information furnished by the City for checking will be roughly as follows: I set of
Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse
closures, and improvement plans,
13. Review Exhibits for technical correctness and completeness, consistency with the City
guidelines and requirements, compliance with the Subdivision .Map Act, and acceptance
for recording.
C. Review title report and existing easements for correct plotting and references.
D. Review improvement plans associated with the project to ensure the Exhibits correctly
identify the limits and location as shown on the improvement plans.
E, Provide a set of redline check prints showing the redlined comments, and required
corrections and information.
F. Provide a check letter covering the major required comments, and corrections and
instruction for future submittals.
G. Provide a timesheet at the end of every review to include, but is not limited to, project
name, review number, dates, review hours, hourly rate, and total cost.
Miscellaneous Services
A. Provide survey services as requested. A detailed scope of work will be outlined when
specific project is assigned to the consultant. Services shall include, but are not limited
to, cross-sections, intersection grids, centerline determination, digital terrain models
(dull), right of way determination, utility profiles and exhibits.
R. Generate a computer drawing in Microstation V& format as well as the sample survey
drawing on the City of Santa Ana website listed in item K below.
C. All survey needs to be prepared to the satisfaction of the City's Surveyor and meet the
Following standards:
City of Santa Ana RPP 17-009
Page Al -2
25A-36
D. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to
it minimum of nvo proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch
Adjustment control points. Project coordinate values shall be provided in U.S. Survey
Feet, The County control points shall determine the Basis of Bearing for the project.
E. Vertical control shall be based on the North American Vertical Datum of 1988
(NAVD88), tied to a minimum of two proximate County of Orange bench marks,
Project elevations shall be provided in U.S. Survey Feet.
F. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments
within the project area,
& With the coordinate values, a full location and detailed description, including point
character with reference(s), shall be provided for all found and set monuments for the
project. For this purpose, a sketch of the control network is required,
1-1, Copies of all survey field notes and raw data files shall be provided along with a listing
of the final coordinates for all surveyed points. The digital file format for the listing
shall be: point number, northing, casting, elevation, description (comma delineated with
no spaces, one point per line). The coordinate precision shall be one hundredth of a foot,
1. At any given time the City may need to mobilize survey crews to different project sites,
the consultant shall have a minimum of three (3) survey crews for mobilization.
J. All City CADD standards as well as Microstation configuration files are located at:
K. http://Hryvw.santa-ana.ora./pwa/EtigineeringSet-vices.asp
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant
shall be subject to an audit or review by Caltrans' Audits and Investigations (A&I), other state
audit organizations, or the federal government. The selected Consultant shall complete Exhibit
10-K — Consultant Certification Contract Costs kind Financial, in the Appendix of this RFP as
Attachment 4.
Citv Responsibilities:
1. Finnish construction plans and specifications to the consultant.
2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in
advance for the required inspections and tests,
Fee Proposal:
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be
structured as follows:
• For Caltrans funded projects, reference LAPM Exhibit 10-14 (sample cost proposal) and is
include in Attachment 4.
City of Santa Ana RPP 17-009
Page Al -3
25A-37
The City does not guarantee the quantity of the work to be performed by the selected firm. The
consultant shall be paid for the actual services provided for the project according to the proposed
hourly rates and unit costs.
In addition to the PEE SCHEDULE, the proposer shall submit another fee proposal to include
construction surveying services that can be provided by the proposer but are not included in the.
FEE SCHEDULE. This fee proposal should be included in the aforementioned envelope.
Special Requirements fAttacbment 41:
Compliance with Requirements of Funding Agency:
This agreement may be funded, in part through Federal and Measure M2 funds , therefore
requiring compliance with all requirements of Caltrans and OCTA, Proposer shall comply with
all requirements as they pertain to the use of these funds; refer to Appendix Attachment 4.
LAPM Exhibit 10-H: Sample Cost Proposal
• LAPM Exhibit 10-1 : Notice to Proposers, DRE Information
• LAPM Exhibit 10-01: Consultant Proposal DBE Commitment
• LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial
management System
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:
v�qv.dot.oa.eav/hglL,ocall?rograms/lamlCH l O.htm
If the project will be financed, in part, by federal funds 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 contract is 0%.
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).
C 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 vvork 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. 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.
City of Santa Ana RFP 17.009
Page Al -4
25A-38
• 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 oil
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 filly of the conditions relating to labor under which the work will be
perftvmed. In accordance with the California State Labor Code, prevailing wage rates
apply per the following link.
h ttp^/hvww.d i r.cagov/uu bl i e-woti:s! nub I icwo rks. htm I
City of Santa Ana RFP 17.009
Page Al -5
25A-39
EXHIBIT B
PEE SCHEDULE (OR) RATES AND CHARGES
Page 11 of 12
25A-40
EXHIBIT B
City of Santa Ana On Call
2017
HOURLY RATE SHEET
Engineering/Architecture
Survey
Principal -In -Charge
$ 235.00
Survey Manager
$
195.00
QA Manager
$ 215.00
Sr. Project Surveyor
$
170.00
Sr, Project Manager
$ 215.00
Project Surveyor
$
140.00
Project Manager
$ 180A0
Survey Technician
$
115.00
Sr. Civil Engineer
$ 195.00
Sr. Structural Engineer
$ 200.00
Survey Crews
Sr. Mechanical Engineer
$ 180,00
Sr. Electrical Engineer
$ 185.00
1 -Person Survey Crew
$
160.00
Civil Engineer
$ 155.00
2 -Person Survey Crew
$
215.00
Structural Engineer
$ 165.00
3 -Person Survey Crew
$
260.00
Mechanical Engineer
$ 165.00
Electrical Engineer
$ 165.00
Construction
Plumbing Engineer
$ 165.00
Engineer Intern
$ 120.00
Construction Manager
$
175.00
Sr. Designer
$ 180.00
Resident Engineer
$
160.00
Designer
$ 145.00
Sr, Project Representative
$
120.00
Sr. CADD Technician
$ 9.25.00
Resident Project Representative
$
95.00
CADD Technician
$ 100.00
Reimbursable Exognses
Administrative
Consultants
Cost + 10%
Sr. Project Support
$ 100.00
Other Direct Costs
Cost + 10%
Project Support
$ 65.00
Mileage IRS Standard Business Mileage Rate
25A-41
EXHIBIT C
CERTIFICATIONS
Page 12 of 12
25A-42
EXHIBIT G
Appendix
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
NQ -COLLUSION, AFFIDAVI Ir
(Title23 United States Code Section 112and
Public ContractCode Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORDS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not trade in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put In a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put in asham bid, or that anyone shall
retrain from bidding; that the .BIDDER has not in any matmer, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, orto secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information ordata relative thereto, or paid, and will not pay,
any fecto any corporation, partnership, company association, organization, bid depository, orto any member or agent
theroofto effectuate a collusive or sham bid,
Note; The above Non-colluslon Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shatialso aonstituto. tahtreofthis 'Non-collusionAf'fidavit. BIDDER5are cautioned that
makings falsecottificationp�nysnl the certitiertocriminal prpsocutiorv. r
Signed
State of California
County0(_A?4 IG -
Subscribed and sworn to (or affirmed) before me
Notary Public Signature
by
satisfactory evidence to be //the person(s) who appeared
4&j (��
Notary Public Seal
City of Santa Ana RFP
P@ga A3-1
25A-43
CAMFORNIA JURAT WITH AFFIANT STATE8f1NNT GOVERNMENT OODE 6 8202
se Attached Dooument (Notary to cross out lines 1-6 below)
C] See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Oocument Signor No, f
Signature of r)ocument Signer No. 2 (if any)
A notary public or other officer completing this certificate verlfles only the identity of the Individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California r� Subscribed and sworn to (or affirmad) before me
y
County of _�dYi on this day of
by pate Merrill Year
JENNIFER KINN�IE (and
cammisslon #+2071062 Names) of Signer(s)
Notary Public. oil amid
Orange Oouraiyy
M Eamm, Ex Iras Be 2 2816 proved to me on tite basis of 00tisfan#�ary e donoo.
to be the persons pea f b ore me.
SlignOtUr
t nOf Notary Public
seal
Place Notary Seal Above
OPTIONAL,
Though this section is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: -gj'64 u ,�n,kl Z ' t Ui 'Document Date; { �%
Number of Pages:._ SIgner(s) Other Than Named Above:
WWW; C+.�.�-"�v=43e s=&XA.nF,Y CWSs .: ,Lid>w,4ac:k`rss:42:2.4.49r1w^G=.c^s&wke e k^v. SJ: iYk`4?c'eAGxx'G;.¢Y,.6iJfC3f�lSNaw �`n 9'm'rWYv.CYXGfi`zft
02014 National NotaryAssociation • wwwAationalNotary,org - 1 -800 -US NOTARY (1-800-878.6827) Item 1IB010
25A-44
Appendix
ATT'ACHMEN7' 3-2: NON•.L.011RYING CERTIFICATION
CERTII+ICA'rION5
The prospective participant certifies, by signing and submitting this bid or proposal, to the best ofhis
or her knowledge and belief, that:
I. No federal appropriated fundshavebeen paid orwill be paid, by or on behalf oftheundersigned, to
any person for Influencing or attempting to Influence an officer or employee of any federat agency, a
Member of Congress, an officer
in connection with the awarding of any federal contract, the making ofany federal grant, the making
ofany federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment ormodificationofanyfederalcontract,grant, loan,orcooperativeagreement.
2. Ifany funds other than federal appropriated flmdshave been paid or will be paid to any person to] -
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
shalt complete and subm its"Disclosure ofGobbyingActivities".
This oertification is amaterial representation of fact upon which reliance was placed whenthis transaction was made
or entered Into. Submission ofthiscertification Isalimi quisheformakingorenteringintothistransactionimposed
by Section 1352, Title 31, U.S. Code, Any person who fails to file the required certification shall be subject to acivil
penalty ofnot less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agreesby submitting his or her bid or proposal that he or she shalt require that the
language ofthis certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
City of Santa Ana
RPF Page A3.2
25A-45
_._... _. Appendix ..._._....�._...._ ___.
ATTACHMENT 3-3: NON-DISCRIMIMUON CEIi'ICIFICATION
CCRTMCATIONS _ _• _ __ _
The undersigned consultant or corporate oflioor, during the performance of this contract, certifies as
follows:
1, The Consultant shall not disortminate against any employoo or applicant for employment because of
race, color, religion, sex, or national origin, The Consultant shall take affirmative action to onsuro
that applicants arc employed, and that employees are treated daring employment without, regard to
their race, color, religion, sex, or national origin, Such action shalt Include, but not be limited to, the
following: employment, upgrading, dometion, or transfer; recruitment or recruitment advertising;
layoff or termination, rates of pay or other forms of compensation; and selection for training,
including appronticoship, The Consultant agrees to post In conspicuous places, available to
employees arid applicants for employment, notices to be providod setting forth the provisions of this
nondiscrimination clause,
2, Tho Consultant shall, In all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualilledapplicants will receive consideration for employment without
regard to race, color, religion, sax, 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, it notice to be provided advising
the said labor unloo or workers' representatives of the Consultant's commitments tinder this section,
and shalt post copies of the notice in conspicuous phrcoa availablo to employeos and applicants for
employment,
4. The Consultant shall comply with all provisions of Rxceutivo Order 11246 of September 24, 1965,
and of the rules, regulations, and relovant orders of the Secretary of Labor.
5, The Consultant shalt furnish ail information and reports required by lixecutive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/trey books, records, and accounts by the administering agency
and the Socrotory of Labor for purposos of Investigation, to a.soertain compliance with such rules,
regulations, and orders,
6, ht the event of the Consultant'snon-complisnae with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspondod 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 authorizer) in
Bxcoution order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies Invoked as provided In Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law,
7. The Consultant shall include the portion of the sentence Immediately proeeding paragraph (1) and
the provisions of paragraphs (1) through (7) In every subcontract of purchase order unless exempted
UFR Santa Ana RFP
Page A3-3
25A-46
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
Including sanctions for noncompliance,; provided, however, that in the event the Consultant becomes
involved in, or Is threatened with, litigation with a sub-consuttant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
suoh 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, montal condition, marital stators, or
sox of such persons, except as provided in Section 1420, and any consultant of public works violating
tills Section 1s subject to all the penalties imposed for a violation of tha Chapter,
Signcd;
Title:
Date: ___...A.lkl!_
City
Page A3.4
25A-47
25A-48
AGREEMENT TO PROVIDE CONSTRUCTION
SURVEYING SERVICES ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this 5th day of July, 2017 by and between D.
Woolley & Associates, Inc. ("Contractor"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. On March 20, 2017, the City issued Request for Proposal No. 17-009, by which it
sought Contractors to provide On -Call Construction Surveying Services for the
City of Santa Ana Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 17-009 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terns and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A. Contractor's proposal is incorporated by reference as
though fully set forth herein. When the need for services arises, City may initiate services
through use of a task or similar order issued to Contractor.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor tinder this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of three Contractors selected to provide construction surveying
services on an as needed basis under RPP No. 17-009. The total compensation for
Contractor, as one of the selected contractors, for services provided under RFP
No. 17-009, shall not exceed $250,000 during the term of the Agreement,
including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
Page 1 of 12
26A649
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 and Scope of Work, which may
reasonably be expected by City.
3. TERM.
This Agreement shall commence on the date first written above and continue for two (2)
years, unless terminated earlier in accordance with. Section 17, below. The term of this
Agreement may be extended for up to two (2) one-year extensions upon a writing executed by
the City Manager and the City Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, at seq.,
and 1770, at seq., as well as California Code of Regulations, Title $, Section 16000, at seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
S. INDEPENDENT CONTRACTOR
Contractor shall, during the entire tern 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
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
acid wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Contractor under this Agreement ("Documents & Data").
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive
P1ge 2 o1712
25A-50
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor 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 Contractor'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, volunteers and representatives as additional insured(s); (b) be primary
with respect to insurance or self-insurance programs maintained by the CITY; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Contractor, if Contractor 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, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1;000,000 per accident.
d. If Contractor 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 Contractor
pursuant to this section:
Page 3 of 12
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(i) Contractor 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 cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement, Thus indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terns
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selectedby the City; regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise of, perta'i'n to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor,
Page 4 of 12
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9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years fi-om the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (e) is in rightfiil possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which world conflict in any manner with performance of services. Conflicts may be
further specified in Certifications — Exhibit C, attached hereto and incorporated in this
Agreement, by reference.
Page 5 of 12
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13. 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
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax: 714-647-5635
To Contractor: D. Woolley & Associates, Inc.
Attn: Trevor D. Rice
2832 Walnut Ave.
Suite A
Tustin, CA 92780
Fax: 714-508-7521
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax; communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
1.4. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the teens 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 Contractor. The parties agree that any terms or conditions of any purchase order or other
Page 6 of 12
25A-54
instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not
bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein.
1.5. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed
by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or
right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether
or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor 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 Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor 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.
18. NON-DISCRIiMINATION
Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement,
Contractor 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
Page 7 of 12
25A-55
C, attached hereto and incorporated in this Agreement by reference.
19. 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.
20. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in feet, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Cleric of the Council
Signatures continued on next page
CYNTHIA J. KURTZ
Interim City Manager
Page S of 12
25A-56
APPROVED AS TO FORM
SONIA R. CARVALHO CONTRACTOR
City Attorney
By: %1� VN
7 i M. Funk Name:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
FRED MOUSAVII'OUR
Executive Director
Public Works Agency
Page 9 of 12
25A-57
EXHIBIT A
SCOPE OF SERVICES
Page 10 of 12
25A-58
EXHIBIT A
Appendix
ATTACHMENT I
SCOPE OF WORK
CITY OF SANTA ANA
R.I,QUEST FOR PROPOSALS
FOR
CONSTRUCTION SURVEYING SERVICES
RFP NO.: I7-009
Introduction and Background:
The City desires to engage qualified firms to provide On -Call Construction Surveying and Map
Checking Services.
Description of Work:
Construction Survcyin,¢ Services
[n general, the Consultant shall perform monument preservation and construction staking for
various City projects on an as -needed basis. A California -licensed land surveyor shall be ht
responsible charge of all survey work performed under the agreement.
The Consultant's services shall include, but not be limited to, the following:
A. Research existing County and City records for survey monuments within the project
area.
B. Prior to any clearing, removal, or excavation efforts, perform a diligent search for
property line monuments, street centerline monuments, and benchmarks within the
project area, recording their identities and precise locations in reference to monuments or
witness monuments that will not be disturbed during construction. The records of these
monuments and references shall conform to Section 8771 of the Business and
Professions Code of the State of California. After completion of the construction, any
monument disturbed or removed during construction shall be reset, conforming to
Section 8771. Each centerline intersection shall be drawn on a single Corner Record
showing local tie points and tie distances. A pelf copy of the final receded Corner
Record shall be submitted to the City.
C. Provide constriction staking for project improvements. Records of the line and grade
stakes (cut sheets) shall be on forms provided by the City, and the originals shall become
the property of the City upon completion of each survey request. The City will provide
digital construction plans and specifications for each project.
D. Set Zine and grade stakes in accordance with the plans and specifications. Notify the City
immcdiatcly of any discrepancies or design errors discovered on the plans during staking
or when verifying the line and grade of existing improvements atjoin points.
City of Santa Ana RFP 17.009
Page Al -1
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E. Complete the construction staking within the time frame specified on the Survey
Request Porm, or (given minimum notice) continence the staking no later than two
working days from the receipt of the request, providing continuous service until the
request is complete.
F. furnish all office support, labor, materials, equipment, tools, and incidentals necessary
to complete the specified surveys, The costs for these items shall be included in the
hourly or lump sam costa and no additional compensation will be allowed therefore.
G. Attend meetings with City's staff as required.
Map Checking Services
A. Information furnished by the City for checking will be roughly as follows: I set of
Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, eta), traverse
closures, and improvement plans.
B. Review Exhibits for technical correctness and completeness, consistency with the City
guidelines and requirements, compliance with the Subdivision Map Act, anis acceptance
for recording.
C. Review title report and existing easements for correct plotting and references.
D. Review improvement plans associated with the project to ensure the Exhibits correctly
identify the limits anis location as shown on the improvement plans.
E. Provide a set of redline check prints showing the redlined comments, and required
corrections and information.
F. Provide a check letter covering the major required comments, and corrections and
instruction for future submittals.
G, Provide a timesheet at the end of every review to include, but is not limited to, project
name, review number, dates, review hours, hourly rate, and total cost.
Miscellaneous Services
A. Provide survey services as requested. A detailed scope of work will be outlines( when
specific project is assigned to the consultant. Services shall include, but are not limited
to, cross-sections, intersection grids, centerline determination, digital terrain models
(dtm), right of way determination, utility profiles and exhibits.
B. Generate a computer drawing in Microstation V8 format as well as the sample survey
drawing on the City of Santa Ana website listed in item Ix below.
C. All survey needs to be prepared to the satisfaction of' the City's Surveyor and meet the
following standards:
City of Santa Ana RFP 17-009
Page Al -2
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D. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to
a minimum of two proximate County of Orange, CCS83, Zone VI, 1.991.35 Epoch
Adjustment control points. Project coordinate values shall be provided in U.S. Survey
Feet, The County control points shall determine the Basis of Bearing for the project.
E. Vertical control shall be based on the North American Vertical Datum of 1988
(NAVD88), tied to a minimum of two proximate County of Orange bench marks.
Project elevations shall be provided in U.S. Survey Feet.
F. horizontal alignment(s) for the project shall be tied to the survey centerline monuments
within the project area.
G. With the coordinate values, it full location and detailed description, including point
character with reference(s), shall be provided for all found and set monuments for the
project. For this purpose, it sketch of the control network is required.
1-1. Copies of all survey field notes and raw data files shall be provided along with a listing
of the final coordinates for all surveyed points. The digital file format for the listing
shall be: point number, northing, casting, elevation, description (comma delineated with
no spaces, one point per line). The coordinate precision shall be one hundredth of a foot.
1. At any given time the City may need to mobilize survey crews to different project sites,
the consultant shall have a minimum of three (3) survey crews for mobilization.
J. All City CADD standards its well as Microstation configuration files are located at:
K. http://www.santa-ana.org/pwa/Engitleei-ingServices.isp
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant
shall be subject to an audit or review by Caltrans' Audits and Investigations (AM), other state
audit organizations, or the federal government. The selected Consultant shall complete Exhibit
10-K — Consultant Certification Contract Costs and Financial, in the Appendix of this RFP as
Attachment 4,
City Responsibilities:
1. Furnish construction plans and specifications to the consultant,
2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in
advance for the required inspections and tests,
Fee Proposal:
In addition to Section 11113.3 (Submittal Requirements: Fee Proposal) fee schedule shall be
structured as follows:
For Caltrans funded projects, reference LAPM Exhibit 10-H (sample cost proposal) and is
include in Attachment 4.
City of Santa Ana RFP 17-009
Page Al -3
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The City does not guarantee the quantity of the work to be performed by the selected firm. The
consultant shall be paid for the actual services provided for the project according to the proposed
hourly rates and unit costs.
In addition to the FEE SCHEDULE, the proposer shall submit another fee proposal to include
construction surveying services that can be provided by the proposer but are not included in the
FEE SCHEDULE. This fee proposal should be included in the aforementioned envelope.
Special Reguirentents (Attachment 4):
Compliance with Requirements of Funding Agency:
This agreement may be funded, in part through Federal and Measure M2 funds , therefore
requiring compliance with all requirements of Caltrans and OCTA. Proposer shall comply with
all requirements as they pertain to the use of these funds; refer to Appendix Attachment 4.
• LAPNI Exhibit 10-H: Sample Cost Proposal
LAPM Exhibit 10-1 : Notice to Proposers, DBE Information
LAPM Exhibit 10-01: Consultant Proposal UBC Commitment
LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial
management System
IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAI' TI IE
LATEST VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL. LATEST
FORMS CAN BE FOUND CALTANS WEBSITE, CHAPTER 10:
www.dotca.eov/h /Local-Programs/lam/Cl-110:1tm
If the project will be financed, in part, by federal funds all sorvices 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 contract is 0%.
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 funder( projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
• ']'he Consultant shall cavy out the instructions received from the City and shall cooperate
with the City and outer 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. 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.
City of Santa Ana RFP 17-000
Page Al -4
25A-62
• 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
Piles 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.
lhtdp;//wwtv.Liir.ca,Lov/public-works/pt blicworks.htrnl
CityofSanta Ana RFP 17.009 -----
Page Al -5
25A-63
MR!".M.
FEE SCHEDULE (OR) RATES AND CHARGES
Page 11 of 12
25A-64
Schedule of Hourly Rates for Services EXHIBIT B
Survey Manager
Professional Land Surveyor
Senior Technician
Technician/CAD Operator
One Person Survey Partyve/equipment
Two Person Survey Party w/equipment
'11xree Person Survey Partyw/equipment
Labor Compliance Officer
Expert Witness/Deposition
Clerical
$165M
$180.00
$130,00
$120,00
$180.00
9275.00
$365,00
$135.00
$350,00
Included .in Overhead
Prints, research material & other incidental supplies: Cost + 5%
1. Overtituc, evening„ or Sacurdaywork authorized by the client will he charged at 1.4 times the rate as shown
2. Work on Sundays, holiclaps or after 12 hours onsite, as authorized by the client, will be charged at 2 times the rates as shown
3, A minimum of A survey hours will be charged for field crews.
4, Fees charged by cities and other agencies for permits, checking and filing will be billed at cost plus 50,6 handling fee,
5. Outside consultants, such as engincering or photogrammetty will be billed at cost plus 5% handling fee.
Rates are subject to change: on October 1st of each year.
Tic City of Santa Ana has requested that consultants include a Project Fee Schedule. 'Ihe RFP does not
outline any specific projects. We can provide a general estimate for the; services described in Attachment 1—
Scope of Work.
D, Woolley& Associates, l tic.
2832 Walent A,,enue, Suite A Email: yia,yq±t;�`ehYs2sl�5k',.�!dCn
"Tustin, California, 92780 Phone: 714.734,3462 1
MONI.JMLNTIIEIUII:',TIJfI'TI.ON
We cannot precisely determine a cost per monument. This due to variables of the site conditions. For instance,
monuments that are not on the surface need to be dug up -which can take 10-30 minutes - as compared to a
monument existing on the surface.
A monument than has 4 existing ties only requires us to verify the ties - tagging thein if they are not currently
tagged. Conversely, a monument that has no existing ties will requires us to set lead ties with Lead, tack and tag
which will need to then be measured.
Our firm has performed these types of projects in the past. We realize that when working with this many
monuments in widely varying conditions we will have wide variations in the existing conditions. The worst case
scenario is most of the monuments are buried from previous paving projects and the existing ties are no longer
srh place.
Considering all of these variables including filing of Corner records we are comfortable with it per monument
unit cost which will allow us to complete any monument perpetuation project according to the scope outlined.
$550.00 per monument to be perpetuated. Once a specific project is isschcd we can provide a more accurate
rate to the City.
Construction Staking
2,000+/- Linear feet per day depending on site conditions.
S2,475for one day with a Two -Man Crew
Mapcbecking
Survey Manager 5165.00/flour
1). Woolley & Asmici arcs, I tic,
2832 Walnutmi c,Suitu A
�aao�l
liFi
714,34 &a62
. ... .... .. _._ /etc
�Phone:
----
EXHIBIT C
CERTIFICATIONS
Page 12 of 12
25A-67
EXHIBIT C
Appendix
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
NONnCOLLUS10N AEEPAM
(Title 23 iJnited States Code Section 1.12 and
Public Contract Code Section 7106)
'I'a the CITY OF SANTA ANA DEPARTMENT OP 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 inade in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any 'BIDDER or anyono else to put in a sham bid, or that anyone shall
refrain. from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not: pay,
any fee to any corporation, partnersltip, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid,
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on. the signature
portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that
making afalse_gertification aiay subject the certifier to criminal prosecution,
Signed
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
State of California
County of Orancie
subscribed and sworn to (or affirmed) before me on this 13
day of April 20 17 , by Trevor D. Rice
proved to me on the basis of satisfactory evidence to be
person(s) who appeared before me.
COMM. fl X29'9 4
NGYARY pUnIIC�"'IPOANIA z
k`?
ORANGE COUNTY
My C^omm. Exp, June t, 2011
Signature i 1 oT Y vE,r rt
City of Santa Ana RFP
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Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CLiRTITUATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
I. 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 tiny federal grant, the making
of any federal loan, the entering into of cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement,
2. if any funds other than federal appropriated ftmds 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 au employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undeisigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed whanthis transaction was made
or entered into. Submission of this certification is a prerequisite' for making or entering Into this transaction imposed
by Section 1352, Title 31, U. S, Code. Any person who tails to file the required certification shall be subject to a civil
penalty of not less than $10,000 raid not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or tier bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $ l OM00 and that all such sub
recipients shall certify and disclose accordingly,
Firm D. Woolley & Associates, Inc.
Signed and Printed Name: �VdaGi _
Title Vice-Prosident
Date April 13, 2017
s City of Santa Ana RFP s e
Page A3.2
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Appendix
ATTACHMENT 3.3: NON-DISCRIMINATION CERTII+ICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin, Tito Consultant shall take affirmative action to ensure
that applicants are employed, And that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment; notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin,
3, The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to entployees and applicants for
employment,
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the riles, regulations, and relevant orders of the Secretary of Labor.
S. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance. with lite 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
remodles involved as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law,
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and -
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
M eQim
City of Santa Are RFP
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by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that Stich provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing Stich provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as it result of Stich
direction by the administering agency, the Consultant may request that the United States enter into
Snob 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: ;2- —2—
Title:
_...
Title: Vice President
Firm: D. Woolley & Associates, Inc.
[late. April 13, 2017
City of Sant77 aRFP
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