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HomeMy WebLinkAbout25I - AGMT - WALNUT PUMP STATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2017 TITLE: APPROVE AGREEMENT WITH NV5 GLOBAL, INC., FOR CONSTRUCTION ENGINEERING SERVICES FOR THE WALNUT PUMP STATION BUILDING UPGRADE PROJECT (PROJECT NO. 11-6412) {STRATEGIC PLAN NO. 69 1C) OfY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 an agreement with NV5 Global, Inc., to provide Construction Engineering Services for the Walnut Pump Station Building Upgrade project for a two-year term beginning September 19, 2017, and expiring on September 18, 2019, with provisions for a one-year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $180,000 over the entire life of the agreement, including any renewal period, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency oversees construction for capital improvement projects. Approval of Construction Engineering Services for the Walnut Pump Station Building Upgrade project is recommended to augment staff and properly manage construction, meet agency goals, and deliver the projects in a cost effective and timely manner. The Walnut Pump Station is located north of Santa Ana High School near First Street and Flower Street (Exhibit 1). This facility is integral to the City's potable water distribution system and is vital in ensuring safe and reliable drinking water for city residents. The Walnut Pump Station project is currently under construction and has a construction value of $3.6 million. Improvements include pump station building enclosures, piping, plumbing, structural, mechanical, and electrical work. Once completed, the Walnut Pump Station will provide reliable water supply to the City, and facility modernizations will enhance the aesthetics of the surrounding area. 251-1 Agreement with NV5 Global, Inc., for Construction Engineering Services September 19, 2017 Page 3 FISCAL IMPACT Funding in the amount of $180,000 for the Walnut Pump Station Building Upgrade project is available in the Water Capital Projects Fund (Account No. 06617647-66301, Project No. 11-6412) for expenditure as follows: 2017-18 $162,000 2018-19 $18,000 TOTAL: 1 $180,000 APPROVED AS TO FUNS & ACCOUNTS: -F:0Iz . Fred Mousavipour 'Execu've r � c sco Gutierrez Executive Director Director Public Works Agency Financed Management Services Agency FM/EWG/TC/MG Exhibits: 1. Location Map — Walnut Pump Station 2. Agreement — NV5 Global, Inc. 251-2 001"I IE*PT I of ArrnnI SANTA ANA City Council Award Agreement for Construction p� J Agenda Date Engineering Services for Walnut Pump PUSUMoa.S.GMY Septemberlg, 2017 Station Building Upgrade 251-4 AGREEMENT TO PROVIDE CONSTRUCTION ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 19'h day of September, 2017 by and between NVS Global, 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. 17-034, by which it sought Contractors to provide construction engineering services for the Walnut Pump Station Building Upgrade and San Lorenzo Sewage Lift Station projects being completed by the City of Santa Ana Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City to provide services for the Walnut Pump Station project only. Contractor represents that it is able and willing to provide the. services described in the scope of work that was included in RFP No. 17-034 and attached as Exhibit A to this Agreement. 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 beperformed in compliance with such standards as may reasonably be expected from a professional contracting fine 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 Contractor shall perform those services for the Walnut Pump Station that are described in Exhibit A to this Agreement. Contractor's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement shall not exceed $180,000, 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 procedures. Payment need not be made for work which fails to meet the standards of Exhibit 2 291t performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall continence on September 19, 2017 and terminate on September 18, 2019, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) one-year extension 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 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: (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. 2 1 (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. 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 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 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. 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 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; (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. 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 21'19 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: NV5 Global, Inc. 15092 Avenue of Science, Suite 200 San Diego, CA 92128 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 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 assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 2p 10 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-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 further specified in Certifications — Exhibit 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 maybe brought or arise out of, in connection with or by reason of this Agreement. 2Pape 7 51-11 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: S — Jo i M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONTRACTOR Name: Title: Pa e8of8 251-12 Exhibit A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CONSTRUCTION ENGINEERING SERVICES FOR WALNUT PUMP STATION BUILDING UPGRADE AND SAN LORE, NZO SEWAGE LIFT STATION RFP NO.: 17-034 Introduction and Background: The City desires to engage a professional consultant to perform construction engineering services for the Walnut Pump. Station Building Upgrade and the San Lorenzo Sewage Lift Station projects. The consultant shall provide two individuals to act as a Project Manager and a Project Engineer, and serve as an extension of City staff to assist the City in managing construction, ensure that the work to be completed in, accordance with the contract documents and report directly to the City's Construction Manager or his authorized representative. City staff will manage the construction of the projects and oversee the work of the Project Manager and the Project Engineer. The Walnut Pump Station Building Upgrade project is currently under construction at a construction cost of $3.6 million; the project construction completion is scheduled for spring 2018. A separate project is the San Lorenzo Sewage Lift Station at an estimated construction cost of $5.9 million which the City anticipates advertising for construction bids in fall 2017, and starting construction by summer 2018. Total constriction duration for the two projects is 36 months. Description of Work: The required services by the Project Manager and the Project Engineer shall include, but not be limited to, the following: 1. The Project Manager may be a registered engineer in the State of California and shall represent the City Construction Manager in the field. 2. Attend pre -constriction meeting. May schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. May prepare and promptly distribute minutes. 3. May review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required to show current conditions and revisions required by actual progress. City of Sa aa�FP 17-034 4. May conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. 5. Monitor the contractor's safety program. Take necessary steps to ensure the job site conditions are in compliance with OSHA regulations. 6. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. 7. May develop and implement procedures for the review and processing of _ applications by contractor _for _progress _ and_ final _ payments. Make recommendations for certification to the City for payment. 8. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. 9. The individuals (Project Manager and Project Engineer) shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the Construction Manager and clarified prior to construction starts. 10. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems which may arise. 11. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. 12. Maintain (at the job site) records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as - built records. City of Santa Ana RFP 17-034 ftMA d. ,UI.124 13. Evaluate the completion of the work of the contractor and make recommendations to the City when work is ready for final inspection. Assist the City in conducting final inspections. 14. Facilitate and coordinate inspection by representatives of other agencies. 15. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. City Responsibilities: 1. Provide a testing laboratory for special inspection and material testing and other quality assurance program as required by the contract documents. 2. Process progress payments upon receipt of approved payment requests from the resident engineer/inspector. 3. Furnish copies of construction documents, including plans and specifications. 4. Communicate with other consultant to review shop drawings and submittals, respond to requests for information and revise plans if needed. 5. Provide a field office for the Project Manager and the Project Engineer. Tee Proposal: In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The cost proposal must include the projected staff hours, hourly rates, unit prices and reimbursable expenses for the project, as follows: [I] Itemized estimated breakdown for services for construction engineering services for the duration of construction. a. Personnel costs - Itemized to show the following: 1. Personnel by classification/responsibilities. 2. Hourly rate for each classification. 3. Estimated hours for each personnel category. 4. Subtotal cost for each category. City of Santa Ana RFP 17-034 5. Total estimated personnel cost. The estimated construction duration stated above is for the purpose of cost estimate only. The length of time requiring Consultant's services will be dependent on the construction progress. For services under this category, the Consultant shall be paid according to hourly rates set forth herewith and the actual hours of service. b. Estimated reimbursable Expenses: 1. Costs of supplies and materials (itemized). 2. Travel - Transportation and per diem or subsistence listed separately, if any. 3. Any other direct charges. 4. Total estimated reimbursable expenses. For services under this category, the Consultant shall be paid according to the rates set forth herewith and the actual reimbursable expenses. c. Subtotal of a and b. [II] Contingency services for each month after the original construction contract time: Services under this category will be provided when requested by the City, and the Consultant shall be paid according to hourly rates set forth herewith and the actual hours of service. For the purpose of comparison, each proposer shall use the same number of hours: 1,000 hours for the Project Manager and the Project Engineer. The subtotal of this category shall be calculated as follows: Proposed Hourly Rate Hours Total Project Manager $ /Hr. 1,000 Project Engineer $ /Hr. 1,000 City of Santa Ana RFP 17-034 � g116 W Q U) Z o W Q Q � N U 0 V/ L _ OaoZ r0 O�� N U N CLL W W LL 251-17 vN000 w O OOaVO V M A IT of N OOQ O I.: M � N L6 r O A d (A fA � ` A Vj fA f9 00 o LiILI e» w » V W Y ~ V N O LL 10 M N T n Q f � y n LU Com) Cli a en +d cr m 2 H U N C d Z O a � m Y E Z N U W W F W Y - a (A tV d C U a m V N II U d o ,COf a to L U O IL O W d N C C N C O C N lL G oIL V N l7 N 7 N C u U U) ` N G ` ry p W a a C C V N :° C :° O U ' O o o 0 0 3 a0i � ` ayyi a a U U N..2 d a '� ti d 0 er N- o= II 3 O O p j S II N0 N 0 2 W a aw�15a`a`v1UCiCLf/) a a 0 Z o 0 0 Y r Cl th H 251-17 Exhibit C 3-1 NON -COLLUSION AFRDAVIT Appendix ATTACHMENT 3.1; NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Coda Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the Interest of, or an behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid Is gamine and not collusive or sham; that the BIDDER has not directly or Indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or Indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put In a sham bid, or that anyone shall refrain fican 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 ane; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or nay breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is pmt of the Proposal. Signing this Proposal on the signature portion thereof shat also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certifrlonation may��subjeect the certifier to criminalproseoutim. Signed Aw ! / J( 17ayta IyIlenek State of California County of Orange Subsodbed end sworn to (or affirmed) before me on this S day of f� rs( it . 201 by afore Ni kn.f5 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, 77cA+ Notary Public Signature Notary Public Sent Walnut Pump Station and San Lorenzo Sewage Lift Station I City of Santa Ana City of Santa Ana RFP Page AM 251-18 )h NATHAN LOPEZ Commission # MGM z -m e, Notary Mile - California orange County M Comm. Ex Ires se 2B 201C+ 23 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 - a�S gSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document slgner[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (it any) A notary public or other officer completing this certificate verifles only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Q(_`P e Subscribed and sworn to (or affirmed) before me on this day of —Ae(r , 20 I by Date Month Year \ (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence SIARNOZ -~� NATHANLOPEZ to be the person(s) who appeared before me. + Cammisslan # 2128413 $ `ds Notary Public • California Orange County Signature My Comm. Ex Ires Se 2p 8, 201 g Signature of Notary'P eo 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 Al.,N Title or Type of Document: -rri�w5idn /-% (cb 04' Document Date: 411105-6"Y7 Number of Pages: __L Signer(s) Other Than Named Above: :ca:xaxx:��c:csusvgvevsr�cs;.c�,�u�.s�;�r,gcccssw:c¢aco�c�.�:�c.�ecw�ca ©2014 National Notary Association • www.NatlonalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item 65010 Walnut Pump Station and San lorenm Sewage Lift Station I City of Santa Are 24 251-19 63-2 NON -LOBBYING '' ..+4, A 1.5 AD Appendix ATTACHMENT 3-2; NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of say federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to intluenoe any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal tlutt he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm NV5, Inc. Signed and Printed Name: �RK� David Niknafs, PE Title Director of Operations Date 4/13/17 Wahmt Pimp Station and San Lorenzo Sewage lift Station I City of Santa Ana City of Santa Ana RFP Page A3-2 251-20 25 3-3 NON-DISCRIMINATION .Tr 1F. f I_.... _ » e Appendix ATTAC=, NT 3-3; NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant- for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; a 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 g' 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 I. regard to race, color, religion, sex, or national origin. e 3. Ilia 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 x employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the niles, regulations, and relevant orders of the Secretary of Labor, t a. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with tiny of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by tide, 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 e. Walnut Pnmp Station and San Lorenzo Sewage Lilt Station I City of Santa Ana City of Santa Ana RFP Page A" 251-21 26 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may requast 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 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: �M//� Title: Director of Operations Finn: NV5, Inc. Date: 04/13/17 City of Santa Ana RFP Page A3-4 251-22