HomeMy WebLinkAbout20C - AA - WKE FAIRVIEW BRIDGE PROJECTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 3, 2017
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
APPROVE AGREEMENT WITH WKE, INC., ❑ As Recommended
FOR THE GRANT -FUNDED FAIRVIEW E] El
a
ElOOrrdinance on 1 Reading
STREET BRIDGE (PROJECT NO. 15-6827) ❑ Ordinance on 2n4 Reading
AND APPROPRIATION ADJUSTMENT TO ❑ Implementing Resolution
AMEND FISCAL YEAR 2014/2015 CIP ❑ Set Public Hearing For
(NON -GENERAL FUND)
{STRATEGIC PLAN NO. 6, 1G1
CITf MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with WKE, Inc.,
to provide design engineering consulting for the Fairview Street and Bridge Replacement
project, for a three-year term beginning October 3, 2017, and expiring on October 2, 2020,
with the option for one additional two (2) year renewal, for a total compensation not to exceed
$1,566,569, which includes a ten (10) percent design contingency in the amount of $142,415,
subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Amend the Fiscal Year 2014/2015 Capital Improvement Program by approving an
appropriation adjustment rescinding a portion of the National Highway Performance Program
funding appropriation in the amount of $476,323.20 for the Fairview Street Bridge project.
DISCUSSION
Fairview Street is classified as a north -south Major Arterial per the City's General Plan Circulation
Element and the County of Orange's Master Plan of Arterial Highway. Generally, this street has
three vehicle lanes of travel in each direction. However, the Fairview Street Bridge over the
Santa Ana River accommodates only two lanes in each direction and does not accommodate
bicyclists or pedestrians. Therefore, City staff sought to secure grant funds to widen the bridge to
three lanes in each direction and also provide bike lanes and pedestrian sidewalks.
In 2015, the City had secured a National Highway Performance Program (NHPP) grant through
the Federal Highway Bridge Program (HBP) to rehabilitate the bridge deck and perform incidental
widening. That project had limited amenities for bicyclists and pedestrians, the raised median for
vehicle safety would have been very narrow, and the design life of the bridge was not sufficiently
long. Based on that grant scope and its required delivery timeline, the City proceeded with
design. However, staff continued to work with Caltrans to secure what ultimately materialized
20C-1
Agreement with WKE, Inc., for Design of Fairview Street Bridge
October 3, 2017
Page 2
into a Highway Bridge Rehabilitation & Replacement Program (HBRR) grant for a new bridge,
including full amenities for bicyclists and pedestrians. Bridge improvements include the widening
of Fairview Street between 9th Street and 16th Street, and widening the bridge from a 4 -lane
roadway to a 6 -lane arterial. The scope of work also includes a raised median, curbs, bike lanes,
sidewalks, and aesthetic enhancements consisting of decorative barrier rails, and roadway
lighting. Completion of these improvements will result in adequate vehicular capacity within the
City's northern limits (Exhibit 1).
The new HBRR grant was approved in May 2017. Subsequently, Caltrans closed out the prior
NHPP grant, and the work and expenditures made to -date were credited by the prior grant
without impact on the new grant. HBRR grant funds in the amount of $1,604,805 have been
recognized in the approved FY 2017-18 Capital Improvement Program and are fully available for
the new bridge replacement project.
On June 29, 2017, the Public Works Agency released a Request for Proposals (RFP) to qualified
firms to provide engineering design services for the Fairview Bridge Replacement and
Improvement Project. The RFP was also posted on the City website. Three proposals were
received and evaluated by a review committee from the Public Works Agency. Each proposal
was rated according to the proposer's qualifications, experience, capacity to perform the required
work, and pricing data. The following is a summary of the firms and their respective scores:
NAME OF FIRM RANKING
WKE, Inc.
93
TY -LIN International 88
CNS Engineers, Inc. 77
Based on the ranking and fee analysis, staff recommends that WKE, Inc., be retained to perform
the required design engineering services. The agreement (Exhibit 2) includes a detailed scope of
work and a schedule of rates and fees for a proposed fee of $1,424,154. In addition, staff
requests authorization of a ten (10) percent design services contingency in the amount of
$142,415, which results in the total not -to -exceed contract amount of $1,566,569.
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.
20Ci-2
Agreement with WKE, Inc.
October 3, 2017
Page 3
FISCAL IMPACT
for Design of Fairview Street Bridge
The appropriation adjustment rescinds a portion of the Fiscal Year 2014-15 appropriation of
NHPP funding for the Fairview Street Bridge project by decreasing the allocation of $476,323.20
in the Select Street Construction revenue account (No. 05917002-52001) and in the
corresponding Select Street Construction expenditure account (No. 05917660-66220).
Funds are budgeted and available in the Select Street Construction Fund (Account Nos.
05917660-66220, and 05917663-66220, Project 15-6827) and New Transportation System
Improvement Area F Fund (Account No. 03517660-66220, Project 15-6827). Any unspent and
encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the
agreement. Funds are estimated to be spent as follows:
Contract Period
Fiscal Year
Account
05917660
66220
Account
05917663
66220
Account
03517660
66220
Account
03217663
66220
Amount
2017-18
$619,710
$50,000
$7,350
$22,940
$700,000
2018-19
$708,240
$0
$15,470
$76,290
$800,000
2019-20
$58,933
$0
$0
$7,636
$66,569
Subtotal By Account
$1,386,883
1 $50,000
1 $22,820
$106,8661
$1,566,569
Fre Mousavipour
Exe utive Director
Public Works Agency
FM/EWG/ML
Exhibits: 1. Location Map
2. Agreement
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
20C-3
20C-4
J I -
17TH ST
® -PROJECT LIMIT 1 r
EXHIBIT 1 (NTS)
SANTA ANA TFLE'
^ Cm COUNCIL CONTRACT AWARD FOR AGREEMENT
PWA
�r 2OF GRANT FUNDED FAIRVIEW STREET BRIDGE
. OCT. 3017ENGINEERING
PUBLIC BONGS AGENCY (PROJECT NO.: 15-6827) -
20C-5
20C-6
AGREEMENT TO PROVIDE ENGINEERING DESIGN SERVICES
FOR FAIRVIEW STREET WIDENING AND BRIDGE REPLACEMENT
THIS AGREEMENT is made and entered into this 3rd day of October, 2017 by and between
WKE, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. On June 29, 2017, the City issued Request for Proposal No, 17-074, by which it sought
consultants to provide engineering design services for the Fairview Street Widening and
Bridge Replacement from 9`h Street to 16`h Street.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant
represents that it is able and willing to provide the services as described in the scope of
work that was included in RFP No. 17-074 and attached as Exhibit A to this Agreement.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows;
1. SCOPE OF SERVICES
Consultant shall perform the services that are described in Exhibit A. Consultant's
proposal is incorporated by reference as though fully set forth herein.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services
under this Agreement, the rates and charges identified in Exhibit B. The total sum to
be expended under the term of this Agreement, including any extension periods, shall
not exceed.$1,566,569. This amount is comprised of (1) the base sum of $1,424,154
and (2) a 10% contingency of $142,415 for services to be performed at the sole
discretion of the City.
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 performance set forth
in the Recitals which may reasonably be expected by City. City shall retain ten percent
(10%) of the invoice amount from each payment until the completed work has been
accepted by City.
EXHIBIT 2 Page 1 of 8
20C-.7
3. TERM
This Agreement shall commence on the date first written above and continue for tl►ree 3
ey ar-s,_unless terminated earlier in accordance with Section 16, below. The term of this Agreement
may be extended for up to one additional two 2 ear period upon a writing executed by the City
Manager and the City Attorney.
4. PREVAILING WAGES
Consultant 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, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant 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 CONSULTANT
Consultant shall, during the entire term of this Agreement, be construed to be an
independent consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF NUTERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subconsultants to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
Page 2 of 8
200-8
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subconsultants, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of 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 provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Consultant shall supply City with a folly executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to 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
Page 3 of 8
20C-9
election, to forthwith terminate this Agreement. Such terrdnation shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Consultant 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 Consultant, its subconsultants, agents, employees, or other persons
acting on its 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 Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
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 Consultant'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 out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
Page 4 of 8
20C-10
II. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services. Conflict may be
further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement
by reference.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations and as further specified in
Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
ofthis Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
Page 5 of 8
20C-11
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. 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.
18. 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.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
Page 6 of 8
20C-12
exemptions. Said inability shall be cause for termination of this Agreement.
20. 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.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Fred Mousavipour
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
To Consultant:
WKE, Inc.
400 North Tustin Ave, Suite 275
Santa Ana, CA 92705
Attn: Dan Weddell
Fax: 714-953-5408
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,
Page 7 of 8
20C-13
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.
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
1) 117
By:
John F ilc
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
Cynthia Kurtz
Interim City Manager
CONSULTANT:
Name:
Title:
20C-14
Page 8 of 8
I . :IIC II_1
SCOPE OF SERVICES
20C-15
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
FAIRVIEW STREET DESIGN SERVICES
FROM 9TH ST. TO 16TH ST. INCLUDING BRIDGE REPLACEMENT
RFP NO. 17-074
GENERAL INTRODUCTION
The City of Santa Ana is soliciting proposals from qualified firms to provide the following
services, as necessary but not limited to:
• Project Coordination
• Record Research
• Topographic Survey
• Water Quality Requirements
• Environmental Clearance Documents and Reports; Permit Compliance
• Hydrology/Hydraulic Analyses and Modeling
• Gootecluiical studies/reports/boring
• Prepare Highway Bridge Program (HMP) E-76 Application for Construction
• Street and Bridge Design
• Traffic Signage and Striping
• Landscaping and Irrigation
• Final Plans, Specifications, and Estimates (PS&E)
• Bid and Construction Support
INTRODUCTION / PROTECT DESCRIPTION
The City of Santa Ana (City) desires to enter into an Agreement with a qualified professional
engineering consulting firm for the preparation of environmental documents design of street
widening, bridge replacement, and environmental documents and regulatory permits for Fairview
Street Bridge crossing over Santa Ana River. This contract will also include providing limited
field observation and construction support.
Within the City, Fairview Street is classified as a north -south Major Arterial per the City's
General Plan Circulation Element (GPCE) and the County of Orange's Master Plan of Arterial
Flighway WAR). The City is proposing to widen Fairview Street between 9th Street and 16Th
Street from a four -lane roadway to a 6 -lane arterial to provide adequate vehicular capacity within
the City's northern limits. A segment of the project limit includes a bridge replacement.
The Fairview Bridge is funded through the HBP for bridge replacement. Currently, Fairview
Bridge is striped with two lanes in each direction with no curb or sidewalk. Therefore, bridge
replacement is necessary to accommodate 3 lanes in each direction and to provide a complete
bridge deck with barrier rail, sidewalk, raised median, and lighting for a total bridge width of
100' wide. See Attachment 5 for Bridge inspection report, Major Stricture Data, and Project
alignment limit.
City of Santa Ana RFP 17-074
Page Al -1
20C-16
CONSULTANT SERVICES
A. PROJECT COORDINATION. The Consultant shall be fully responsible for the overall
management and coordination for the project, which may include, but is not limited to project
development team meetings, liaison with affected agencies, and utility companies. Prepare
progress report and schedule, securing permits for all field studies and any other required
permits from other agencies.
B. RECORDS RESEARCH. Research all information pertinent to the project including, but
not limited to existing field condition, as -built plans and record drawings, right-of-way data
and all future improvement plans adjacent to or affecting the project site. The selected
Consultant shall identify all existing and proposed facilities within the projects limits and
potential conflicts.
C. SURVEY. On -the -ground field topographical survey work is required for the Consultant to
identify existing facilities (median islands, curb & gutter, sidewalk, right of way, water,
sewer, parkway facilities, BC and EC of all curb returns, decorative lamps and streetlight
poles, undergrormd facilities, all utility manholes and pull boxes, points of connection for
electrical and water sources, etc. The topographical survey shall also provide centerline cross
sections at 100 -foot intervals as.well as adjoining streets, grade breaks, survey monuments,
vertical control (half -foot contour intervals) and joint elevations at the existing and proposed
right of way lines, and at the westerly and easterly end of the project.
D. WATER QUALITY. The Consultant shall coordinate with the City for the Low Impact
Development (LID) requirements on the project and to prepare a Water Quality Management
Plan (WQMP) for the project.
The selection of Best Management Practices (BMPs) will always be subject to site specific
conditions and the Consultant will be required to perform the research into the site specific
conditions (e.g. prior contamination, depth to groundwater, soil conditions, interfering
utilities, etc.) that could preclude infiltration. The Consultant shall also perform the required
soils and/or infiltration testing per the Technical Guidance Documents, as necessary to
design the infiltration system assuming it is the selected LID approach.
Please find information and links to relevant documents and regulations at the following site:
http•//ocwatersheds.com/documents/wgmn.
E. ENVIRONMENTAL. The Consultant shall be responsible for preparing the necessary
environmental documents to comply with California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA). Additionally, other permit compliance shall
include, but not limited to Army Corps of Engineers 404 permit application, California
Department of Fish and Wildlife (CDFG) 1601 application, NPDES permit, and Regional
Board Section 401 certification.
City of Santa Ana RFP 17-074
Page Al -2
20C-17
F. PLANS, SPECIFICATIONS, AND ESTLVIATES (PS&E)
1. Development of Detail Plans, Specifications and Estimate (PS&E):
a) Design of the bridge shall include a process for architectural treatments that will
include developing some form of aesthetic development procedure for the barrier
railings and lights.
b) Constructability issues of the work shall be evaluated and addressed. Some issues
to address may include access to the site for heavy equipment, construction phasing
and sequential demolition of bridge railing (no work shall be performed within the
river bottom during the rainy season), vehicular and bicycle traffic detouring issues
or concerns, potential impacts false -work may have on the Santa Ana River in
storm flows during construction, and protective measurement to prevent any
day/night camping under the bridge.
c) All reports, plans, specifications and quantity calculations shall conform to criteria,
policies, procedures and standards of Caltrans and the City, and shall be made
available to the City at stages specified in the milestone schedule and upon request.
Consultant shall submit backup calculations for the project quantities.
d) The bridge plans shall include at a minimum a general plan, structure demolition
plans, and bridge details plans and sections. The plans shall also include utility
relocation plans, barrier rails with architectural details, electrical lighting,
landscaping/irrigation, and civil design, including sidewalk, approach, and County
of Orange access roadway/bike trail where necessary,
e) The street widening plans shall include a minimum of a general street improvement
plan layout, profile, disposition, landscaping and irrigation, typical section, and
construction details. The plans shall show existing utilities and shall include at a
minimum traffic signing, striping and pavement marling for the entire project limit.
f) Each plan sheet shall bear the State of California Registered Professional Engineer
registration seal within signatures, license number and registration certificate
expiration date of the Engineer who is in responsible charge for developing the
plan. Each plan sheet shall be signed by the engineer who performed the
independent plan check.
g) The calculations for both the design and the independent design check shall be
submitted as part of the PS&E submittal requirements. The respective calculations
shall bear the State of California Registered Professional Engineer registration seal
with the signature, license number and registration certificate expiration date of the
design engineer and independent check engineer.
h) Consultant shall prepare complete contract specifications based on City of Santa
Ana Special Provision, and the Standard Specifications for Public Works
Construction (Greenbook), Structure construction shall follow the Caltrans
Standard Specification. Consultant shall use the latest Caltrans Standard
Specification.
City of Santa Ana RFP 17-074
Page Al -3
20C-18
i) A list of contract pay items with the descriptions, item codes and estimated
quantities shall be included in the front of the special provisions.
j) The Consultant shall prepare quantity calculations for items that are applicable to
this project, and prepare cost estimates.
k) Quantities for all contract pay items shall be substantiated by calculations. Quantity
calculations shall be neat and orderly and shall show all sketches, diagrams, and
dimensions necessary to allow theta to be independently used by field inspectors
during construction. All quantity calculations shall be independently checked and
substantiated with independent calculations.
1) Electronic files for all CADD, reports, and calculations shall be submitted at the end
of the contract or when requested by the City.
m) All electronic software developed, databases generated, spreadsheets and
intellectual properties developed during the life of the Agreement shall become the
properties of the City.
2. Utility Coordination
a) Prepare utility conflict plans and notices/questionnaires to be sent to utility
companies, and coordinate to resolve the conflict.
b) Pothole information, where required, shall be coordinated by the Consultant.
3. Construction plans:
a) 60% PS&E (Unchecked Details)
1) Unchecked plan details shall consist of 60% design and detailed plans ready
for the independent design check.
2) Three sets (3) full size (24"06") of design plans. The following submittals
may be submitted electronically: draft SSP, preliminary quantities and
estimates, pay item list, design calculations, and draft Foundation Reports.
b) 90% PS&E (Checked Details)
1) The Consultant shall submit the following documents for review and
approval:
Three sets (3) full size (24"x36") signed and sealed prints of checked design
Electronic copies of Special Provisions
One (1) copy of edited Structure Special Provisions on a computer disk
Electronic copies of cost estimate and check quantity calculations
Electronic copies of design calculations
Electronic copies of design check calculations
Electronic copies of final Foundation Report
Other reports as needed by the City of Santa Ana
City of Santa Ana RFP 17-074
Page A1-4
20C-19
2) Independent Structural Check, Bridge: Prepare and furnish to CITY two
copies of the independent check performed for the bridge using standard three
ring binders. All bridge independent calculations shall be chocked/confirmed,
signed, and stamped by a Registered Civil Engineer(s) and/or Registered
Structural Engineer(s) who is duly licensed by the State of California and not
involved with the original design. The independent checker shall reanalyze
the structure and complete the following:
a) Review relevant background and supporting information;
b) Verify member capacities;
c) Review plans for completeness and consistency with the design;
d) Resolve design issues with the designer - final design will reflect
Agreement between the designer and checker;
e) Check the corrected platys for conformance with prior comments;
f) Review the PROJECT special provisions to ensure all bridge items,
and associated items of work are adequately addressed, and
g) Prepare independent Quantity calculations.
c) 100% PS&E
1) The Consultant shall submit the following documents for review and
approval:
Four sets (4) full size (24"x36") signed and sealed prints of checked design
Electronic copies of Special Provisions
One (1) copy of edited Structure Special Provisions on a computer disk
Electronic copies of cost estimate and check quantity calculations
Electronic copies of design calculations
Electronic copies of design check calculations
Electronic copies of final Foundation Report
Other reports as needed by the City of Santa Ana
2) The City will review and comment on the PS&E package as soon as possible.
The turnaround goal is within four (4) weeks of receipt of the complete PS&E
package. One (1) copy of those documents with comments will be returned to
the Consultant.
d) Final PS&E
The Consultant shall submit the following documents for review and approval:
Electronic sets of signed final design plans
Electronic copies of signed final specifications
Electronic copies of final cost estimate and final quantity calculations
Electronic copies of final design calculations
Electronic copies of final design check calculations
Electronic files in its original format and in PDF of all plans, specifications, and
estimates
City of Santa Ana RFP 17-074
Page Al -5
20C-20
4. Construction Bidding Phase:
Bidding procedures will be the'responsibility of the City. While the PS&E construction
package is being advertised for bids, all questions concerning the intent shall be referred
to the City for resolution. In the event that any items requiring interpretation in the
drawings or specifications are discovered during the bidding period, said items shall be
analyzed by the Consultant for decision by the City, or by a covering change order after
the award of the construction contract.
5. Construction Support Phase:
a) All construction support work shall be coordinated with the City.
b) Consultant shall furnish, at the consultant's sole cost and expense, all necessary
drawings for corrections and change orders required by errors and omissions of the
Consultant. The original tracing(s) of the drawings and contract wording for the
change orders shall be submitted to the city for duplication and distribution.
c) Consultant will receive written notification of the award of a construction contract.
Upon such notification, Consultant will proceed with the services required by the
Agreement.
d) Consultant is required to attend the pre -construction meeting with the successful
construction contractor upon notification by the City.
e) Consultant shall review and approve all submittals and shop plan drawings required
supporting the construction contract. Consultant shall complete shop drawings
reviews within two (2) weeks of receipt. Contract Change Order reviews shall be
completed within two (2) working days of receipt.
f) Consultant shall be available as requested by the City to resolve discrepancies in the
contract documents. Consultant shall bring to the attention of the City any defects
or deficiencies in the work by the constriction contractor which the Consultant may
observe. Consultant shall have no authority to issue instruction on behalf of the
City, or to deputize another to do so.
g) The Consultant shall prepare and deliver to the City the final as -built plans
incorporating field marked prints supplied by the City. Upon completion of
construction, the City will submit field -marked prints to Consultant. Consultant
shall incorporate all changes to the plans electronically with all necessary revision
notations and submit to the City.
G. REPORTS. The Consultant shall prepare hydrology, hydraulic, and geotechnical
studies/report/analysis/models as necessary for the bridge replacement.
H. MISCELLANEOUS. HBP E-76 APPLICATION. The Consultant shall prepare e-76
application for construction authorization approximately 6 -months prior to project
advertisement.
City of Santa Ana RFP 17-074
Page Al -6
20C-21
GENERAL REQUIREMENTS
A. All work shall be performed in conformance with the State of California policies, procedures
and standards.
B. The Consultant has total responsibility for the accuracy and completeness of the plans and
related designs, specifications and estimates prepared and shall check all such materials
accordingly. The plans will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the city do NOT include detailed review or checking of design
or the accuracy with which such designs are depicted on the plans. The responsibility for
accuracy and completeness of such items remains solely that of Consultant,
C. Consultant or its subconsultants shall not incorporate in the design any materials or
equipment of single or sole source orighi without written approval of the City.
D. The plans, specifications, estimates, calculations, and other documents famished under the
Agreement shall be of a quality acceptable to the City and State, The criteria for acceptance
shall be a product of neat appearance, well organized, technically and grammatically correct,
checked, dated, and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that of similar types produced
by the State and set forth in related Caltrans manuals. The Consultant shall modify its work
as necessary to meet the level of acceptability defined by the criteria above.
E. The Consultant shall have a quality control plan in effect during the entire time work is being
performed under the Agreement. The Quality control plan shall establish a process whereby
plans are independently checked, corrected and back checked, and all job related
correspondence and memoranda dated and received by affected persons and then bound in
appropriate job files.
F. Manuals/Standards
Where applicable, engineering design of all PROJECT improvements shall be compatible
and in accordance with the following:
(1) Caltrans Bridge Design Manual
(2) Caltrans Highway Design Manual
(3) Caltrans Standard Plans
(4) Caltrans Standard Specifications
(5) Standard Special Provisions for Public Works Construction
(6) City of Santa Ana Standard Plans
It will be the responsibility of the Consultant to verify that it has received the latest version or
update of these documents.
G. Bridge improvement plans shall be prepared in accordance with Caltrans recommended
practice for detailing and this scope of work. Caltrans Standard plans shall be utilized where
applicable and may be called out on the plans as reference. Sheet improvement plans shall
adhere to City of Santa Ana Standard Plans and the Standard Special Provisions for Public
Works Construction. Plans shall be computer drafted on Microstation and shall adhere to the
current City of Santa Ana Public Works Agency Interagency CAD standards.
City of Santa Ana RFP 17-074
Page Al -7
20C-22
H. The Consultant's work will be subject to inspections by representatives of the City, County,
State and FHWA.
I. Project progress
1. Meetings - Progress Review Meetings shall be held at intervals deemed appropriate by
the City (monthly). At or before each of these meetings, the Consultant shall furnish two
(2) copies of all completed or partially completed, plans, specifications and estimates
which have been developed or altered since the last Progress Review Meeting.
2. Progress Reporting - Progress Reports shall be submitted at monthly intervals, indicating
progress achieved during the reporting period in relation to the progress scheduled. The
Consultant shall provide the City with two (2) copies of the Progress Report at least four
(4) working days before the Monthly Progress Meeting.
3. Project Schedule -The Consultant shall prepare the project schedule in Microsoft Project
format utilizing the Caltrans Work Breakdown Structure (WBS). The project schedule
shall be updated on a regular basis and distributed at the meetings. The project schedule
should break the tasks and subtasks into WBS Level 7 details.
PAYMENT AND INVOICING:
Selected Consultant shall invoice the City based on time and material according to the City's
standard invoice template. Tasks and hours shall be clearly identified and all rates must match
those included in the approved agreement. City shall retain ten percent (10%) of the invoice
amount from each payment until the completed Project has been accepted by the City.
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 -IC — Consultant Certification Contract Costs and Financial, in the Appendix of this RFP as
Attachment 4.
City of Santa Ana RFP 17-074
Page AI -8
20C-23
COMPENSATION
Fee Proposal including hourly rates if applicable
20C-24
20C-25
20C-21
20C-28
.•
m.�M?
L
N..
v'
H
�_.vi�H
N
�
N N'-
bNV�
P
P P
pP
W
,..
� m
µ&SU
p
6
6�pQ$G
F
2�9@
Ti
^ei �gg3A.
rPjt�
4p
2$
9a3
E'
Ar�Vm
pP
9yi3
3,
�tmnVOD3
/Aa�.m22
b`ufl68h
x.93
�m
Gu$�
�d`��'90
a3
2s3
Sy��.,
�
A%6-9
m
3
$_�3
4�2
S'YS
a°�Ilr
�
ai
�i53
]
boa
dSa�ya
�3
I�pA
B
g o6
3
Q9u•s
Lcm
'da
ad
¢_�
a
ea9�3
m��
3.
�
flgg3E�a1��—g�
��
��
u�
�B
gyp£
��
9o��n
a
��s�
��
g��.
�•
5��
a3a
1�
ytny.: t
S
�•O
3
1ylv�aS
Y
t
r
�O
1
OY•`�x y
g �
v
a'
�
x
t
j
t
u S
e
yiJ�.X
1
�
®
Op
•
$8
0
O O
O 0
0 0
O O
tm�
0
v
s§m
OOOO
Ov
00000000
O�
�
O
g N
�`
I
10
�
t
�
J
r
•
5 i
1n
1
i
��,:�
m�.
Nim
�S�ooeev000e
N
9
N
':;YB
000�000000
�
Ei
•o
�
!�'.�°'
•iS
`S�,
&oN.:B$$8888SB;
888$880888800
20C-28
20C-29
O
v
z
Qyp
oy
Q
3
� G
s a
9
�
� �
r
o
'�L
� �
�
tT
�
�
9yT
✓✓
y�
T.�
o5
R:
R
IMA
`rl 'm
1 11
1
1, l,"I".
I
;
.iN
Y�
t M
4
Nap�42
y
'O
88
iJIT
.yg
4W.
R~ifj
20C-29
20C-30
20C-31
4�1ffk
e4N�
g
mw
.:
t
x
"•�ooe
e
o
o
�,
y
$•
0
yyyy
3
�•
e
1 Y
o
e8
L
8
S
0
So'SS
SSS888
888x.,
20C-31
20C-32
k
$ S
a f
8
i$a
3$°oa�x3
A`�
R
�^a
a
9Sa°vt
a°8p
gy3
�
6
3
Q•�3a
B�aix"
fi�d�
��
�
3'.
0
y'�,G9
.���
_�
�t
C
t+.g[
o
S
S
C
,Wi.MIIs
�e
�
kgs
m
s
1
m
Nj���YOO
o�•
$J��;
N�OOoOOO
'.000000
00
�
1�O�om
��,
N
Nor
Y p
YJ�
ffiYo�YJGO
b�.�
8i,
�
oBGS
8
00ffi
o8
-YiO
x&e
$ o.
88��0000
SB%�ffiiS,'
008»,
oao8$$So,�:88$00o
S$
S�'88S8S8vS�i
.
20C-32
20C-33
ti
.
. ..
..
.
. .
.m
I
yD
A
t.
p
SOMp
E
a
v
20C-33
NN
WUNmv�e
u
N
N
N
N
�
Y.PP.uwY
�m.
f+
u
Y
aY.
y
°
a
a
a
tt
ar
^R
6
n
_
^t
a
�-
$.
r�
o
w�S
r
Y
00
00'
gyao
o'.,
98,80.9.88
MME
20C-34
20C-35
N_
Z
F
m
yDm
6Oa
2A=dm
D.m. amu
mm
m
d
m
A
a
3
3
III
El
11111111111111
Ml-
4A
20C-35
N_
Z
F
m
yDm
6Oa
2A=dm
D.m. amu
mm
m
d
m
A
a
3
3
20C-36
u
2
F
m
b
u
L
A
P W
A
P W
b
N
� e
w
a u b��
N
i.�
T�•:,
Y
m
N
a u
9
��Lff
Pe5
v
dd
sPa
3
C
i.-6�ami
b
� 3
��
= eft
a
3�a��
g3e
o
d
v
a
z
3m
o
R
a
v
a. ■:r
W
P: C
------------
`{
O yyyg
y`
O.O
a
'$.0
w
P
8888$8
888
0:8Mss 880
08880
080
88;
88m
888p'
20C-36
u
2
F
20C-37
m
2
E
+d
t:
x!44
11
IN
MIMI
11111111111-
I
I
I
I
i
11
20C-37
m
2
E
20C-39
$a
�.
[Owl
q r
gg:RR i
^gRM
r
n
o
Y.
iC
M
}
O�OOO
000
$,O
y
�
ppa
N
N.
SSO
WiSSSo..5
oSSS;SS
oo
So
Spy
5
20C-39
20C-40
a
2
F
x
x�
WWWWF..P
�
WWy'
�x
A
p
gg
Y
4Es
g
v
8
i�
ds
yT
x a
g=
I
F
c
t
9'.
$ o
k
fi p■
-
00
o�'g
d
8'18
S888A-.8�
88$�S
a
8$
8J-
SSSB$�88��888
So
8888858
.+
20C-40
a
2
F
20C-41
20C-42
C
A
3
n
EXHIBIT C
CERTIFICATIONS
C-1 through C-3
20C-43
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 Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof; or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of Oran ¢,
Subscribed and worn to or affirmed) before me on this �� day of -'v% 20 7, by
/✓ls9 �Ilka 1 proved to me on the basis of satisfactory evidence to be the person s) tvho appeared
before me.
Notary Public Signature
wiam�m
.• .-.. OfFICIALSEAI
LW NOTARY PUBLIGCALIFORNIA COMM. N0.2051018
MY CUN
OMMA. E%P DEC.
6 2017
Notary Public Seal
City of Santa Ana RFP
Page A3-1
20C-44
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 any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation offact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
moi, I h L•
Signed andPrintedName: _
Title v I Le Vre-�lAwl�
Date
City of Santa Ana RFP
Page A3-2
20C-45
Appendix
ATTACHMENT 3-3: NON-DISCREYHNATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall punish 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 Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
City of Santa Ana RFP
Page A3-3
20C-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 -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed: 71::).ti. L�)
Title: Vy Pre SI d Wt
Firm: Wi 1h
Date: 27i WI -I
City of Santa Ana RFP
Page A3-4
20C-47
20C-48