SR - AGR-6663 - LEFT TURN SIGNAL MODIFICIATIONS FOR CHAPMAN AVE & FLOWER ST AND CHAPMAN AVE & FELDNER ROAD G��°���� AGENDA ITEM
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�o�..A��,�..� November 13, 2018
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TO: Honorable Mayor and Reviewed/Veri�ed
Members of the City Council City Manager
Finance Directo
THRU: R1ck Otto, To Be Presented By: Christopher Cash
City Manager X Cons Calendar City Mgr Rpts
Council Reports Legal Affairs
FROM: Christopher Cas Boards/Cmtes Public Hrgs
Pub11c Works Dlrector Admin Reports Plan/Environ
1. SUBJECT
Award of Consultant Services Agreement to KOA Corporation for preparing plans,
specifications, and estimates for Traffic Engineering Services on (SP-4034) Chapman Avenue at
Flower Street Left Turn Signal Modifications and (SP-4035) Chapman Avenue at Feldner Road
Left Turn Signal Modifications.
2. SiJ1VIMARY
This contract authorizes KOA Corporation to perform professional Traffic Engineering Services
for preparing plans, specifications, and estimates on (SP-4034) Chapman Avenue at Flower
Street Left Turn Signal Modifications and (SP-4035) Chapman Avenue at Feldner Road Left
Turn Signal Modifications.
3. RECOMMENDED ACTION
Award the contract in the amount of$39,464 to KOA Corporation and authorize the Mayor and
City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $39,464 and will be funded through:
Chapman Avenue&Feldner Rd left turn Phase Mod (20326)
Reimbursable Capital Projects (550) $19,732
Chapman Avenue &Flower Rd left turn Phase Mod(20327)
Reimbursable Capital Projects (550) 19,732
Total: $39,464
ITEM 3.� 1 11/13/18
5. STRATEGIC PLAN GOAL(S)
1. Provide for a safe community-
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
4. Provide outstanding public service—
b. Provide facilities and services to meet customer expectations.
6. GENERAL PLAN IMPLEMENTATION
Circulation and Mobility Goa1 1.0: Provide a safe, efficient, and comprehensive circulation
system that serves local needs, meets forecasted demands, and sustains quality of life in
neighborhoods.
Policy 1.2: Identify key intersections and streets with historical or projected traffic congestion
problems and apply creative traffic management measures to improve overall circulation.
7. DISCUSSION and BACKGROUND
: The City has pursued funding from Caltrans local assistance under the Highway Safety
Improvement Program (HSIP) in order to modify the existing intersections on Chapman Avenue
at Feldner Road and Chapman Avenue at Flower Street. The City entered into an Agreement with
Caltrans for 100% reimbursement for preparation of plans, specifications and estimate package
up to the amount of $40,000 for both projects on January 27, 2018 and February 9, 2018
respectively.
City staff requested proposals from six qualified engineering firms for the preparation of the
plans, specifications, and estimates for Traffic Engineering Services on (SP-4034) Chapman
Avenue at Flower Street Left Turn Signal Modifications and (SP-4035) Chapman Avenue at
Feldner Road Left Turn Signal Modifications. One consultant withdrew from the invitation
during the Request for Proposal (RFP) period of twenty days. At the end of the RFP period only
one proposal was received. The submitted proposal has been reviewed and found to be
acceptable in understanding of the project needs and favorable in cost, as compared to other
similar projects. It would be in the public's best interest to award to the consultant, in lieu of re-
advertising, and would allow the project to proceed in a timely manner.
KOA Corporations showed thorough understanding of the project scope, challenges, and
requirements. Staff recommends awarding a contract to KOA Corporation.
Exhibit 22 - PIF-Request for Approval of Cost-Effectiveness/Public Interest Finding, has been
filed with Caltrans DLAE, along with Form 10-C — A&E Consultant Contract Reviewer
Checklist.
8. ATTACHMENTS
• Consultant Services Agreement and scope of work
• Consultant Selection Worksheets and related documentation are on file in Public Works.
CC;EML;cp
ITEM 2 11/13/18
CONSULTANT SERVICES AGREEMENT
THIS CONSULTANT SERVICES AGREEMENT (the "Agreement") is made at
Orange,California,on this day of ,2018(herein referred to as the"Effective
Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and KOA
Corporation, a California corporation("Consultant"),who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A",
which is attached hereto and incorporated herein by this reference. As a material inducement to
the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly
investigated and considered the scope of services and fully understands the difficulties and
restrictions in performing the work. Consultant represents that it is experienced in performing the
work and will follow the highest professional standazds in performance of the work. All services
' provided shall conform to all federal, state and local laws, rules and regulations and to the best
professional standards and practices. The terms and conditions set forth in this Agreement shall
control over any terms and conditions in Exhibit"A"to the contrary. In addition, Consultant must
adhere to the Mandatory Fiscal Federal Provisions and Other Provisions as outlined in Exhibit"B"
Mr. Eduardo M. Lopez, Senior Civil Engineer (herein referred to as the "City's Project
Manager"),shall be the person to whom the Consultant will report for the performance of services
hereunder. It is understood that Consultant's performance hereunder shall be under the direction
and supervision of the City's Project Manager (or his/her designee), that Consultant shall
coordinate its services hereunder with the City's Project Manager to the extent required by the
City's Project Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City's Project Manager and the City Manager.
2. Comuensation and Fees.
a. Consultant's total compensation for all services performed under this
Agreement, shall not exceed THIRTY NINE THOUSAND FOUR HUNDRED SIXTY FOUR
DOLLARS and 00/100 ($39,464.00)without the prior written authorization of the City.
b. The above fee shall include all costs, including, but not limited to, all
clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Pavment.
a. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c. City will pay Consultant the amount invoiced within 35 days, but may
withhold 10% of any invoice until all work is completed,which sum shall be paid within 35 days
of completion of the work and receipt of all deliverables.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by the City Manager
or his designee as an amendment to this Agreement. The amendment shall set forth the changes
of work, extension of time for preparation and adjustment of the fee to be paid by City to
Consultant.
5. Licenses. Consultant represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Consultant and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and not an employee of City. City shall have the
right to control Consultant only insofar as the result of Consultant's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Consultant shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors,agents and employees,including compliance with social security,withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Consultant acknowledges that Consultant and any subcontractors, agents or employees employed
by Consultant shall not, under any circumstances, be considered employees of the City, and that
they shall not be entitled to any of the benefits or rights afforded employees of the City,including,
but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System
benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Consultant Not A�ent. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Desi�nated Persons. Except as otherwise authorized by the City's Project
Manager, only those persons designated in E�chibit "A", if any, shall perform work provided for
under this Agreement. It is understood by the parties that clerical and other nonprofessional work
may be performed by persons other than those designated.
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9. Assignment or SubcontractinE. No assignment or subcontracting by Consultant
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his designee.
10. Time of Completion. Consultant agrees to commence the work provided for in
this Agreement within ten (10) days of the date herein above stated and to diligently prosecute
completion of the work in accordance with the time period set forth in Exhibit "A" hereto or
otherwise agreed to by and between the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Consultant
shall do all things necessary and incidental to the prosecution of Consultant's work.
12. Liquidated Damages. Consultant shall pay City, or have withheld from monies
due it, as liquidated damages,the sum of THREE H[JNDRED Dollars($300)per day for each and
every calendar days delay in finishing the work within the time specified, including any written
extensions which may be granted, in writing,in accordance with this Agreement.
13. Delays and Eztensions of Time. Consultant's sole remedy for delays outside its
control, other than those delays that are caused by the City, shall be an extension of time. No
matter what the cause of the delay, Consultant must document any delay and request an extension
of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall
be limited to the length of the delay outside Consultant's control. If Consultant believes that delays
caused by the City will cause it to incur additional costs,it must specify,in writing,why the delay
has caused additional costs to be incurred and the exact amount of such cost at the time the delay
occurs. No additional costs can be paid that exceed the not to exceed amount absent a written
amendment to this Agreement.
14. Products of Consultant. The documents, studies, reports, plans, citations,
materials, manuals and other products produced or provided by Consultant for this Agreement
shall become the property of City upon receipt. Consultant shall deliver all such products to City
prior to payment for same. City may use, reuse or otherwise utilize such products without
restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Consultant agrees as follows:
a. Consultant shall not discriminate against any employee or applicant for
employment because of race, color,religion, sex,national origin or mental or physical disability.
Consultant shall ensure that applicants are employed and that employees are treated during
employment,without regard to their race,color,religion,sex,national origin,or mental or physical
disability. Such actions shall include,but not be limited to the following: employment,upgrading,
demotion or transfer,recruitrnent or recruitment advertising,layoff or termination,rates of pay or
other forms of compensation and selection for training, including apprenticeship. Consultant
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agrees to post in conspicuous places, available to employees and applicants for employment, a
notice setting forth provisions of this non-discrimination clause.
b. Consultant shall, in all solicitations and advertisements for employees
placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration
for employment without regard for race, color,religion, sex,national origin, or mental or physical
disability.
c. Consultant shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement,provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Consultant agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Consultant knows or has reason to know that Consultant, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnitv.
a. To the fullest extent permitted by law, Consultant agrees to indemnify,
defend and hold the City, its City Council and each member thereof, and the officers, employees
and representatives of the City (herein referred to collectively as the "Indemnitees") entirely
harnlless from all liability arising out of:
(1) Any and all claims under worker's compensation acts and other employee
benefit acts with respect to Consultant's employees or Consultant's contractor's
employees arising out of Consultant's work under this Agreement; and
(2) Any claim,loss,injury to or death of persons or damage to property caused
by any act, neglect, default, or omission other than a professional act or omission
of the Consultant,or person,firm or corporation employed by the Consultant,either
directly or by independent contract, including all damages due to loss or theft
sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are
the subject of this Agreement, including injury or damage either on or off City's
property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. The Consultant, at ConsultanYs own
expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such
claim or liability covered by this subparagraph, and shall pay or satisfy any
judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
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b. To the fullest extent permitted by law, Consultant agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
death of persons or damage to property caused by the negligent professional act or omission in the
performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity whieh is not a signatory to this Agreement.
d. The indemnitees set forth in this section shall survive any closing,
rescission,or termination of this Agreement,and shall continue to be binding and in full force and
effect in perpetuity with respect to Consultant and his successors.
18. Insurance.
a. Consultant shall carry workers compensation insurance as required by law
for the protection of its employees during the progress of the work. Consultant understands that it
is an independent contractor and not entitled to any worker's compensation benefits under any City
program.
b. Consultant shall mainta.in during the life of this Agreement,comprehensive
general liability insurance or commercial general liability insurance written on an occurrence basis
providing for a combined single limit of$1 million for bodily injury, death and properly damage.
c. Consultant shall maintain during the life of this Agreement, automotive
liability insurance on a comprehensive form written on an occurrence basis covering all owned,
non-owned and hired automobiles providing for a combined single limit of$1 million for bodily
injury, death and property damage.
d. Each policy of general liability and automotive liability shall provide that
City, its officers, agents, and employees are declared to be additional insureds under the terms of ,
the policy, but only with respect to the work performed by Consultant under this Agreement. A
policy endorsement to that effect shall be provided to the City along with the certificate of
insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 O1.
In lieu of an endorsement, the City will accept a copy of the policy(ies)which evidences that the
City is an additional insured as a contracting pariy.
e. Consultant shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a combined single limit of$1,000,000. Consultant agrees to keep such policy in force and
effect for at least five years from the date of completion of this Agreement.
f. The insurance policies maintained by Consultant shall be primary insurance
and no insurance held or owned by City shall be called upon to cover at�y loss under the policy.
Consultant will deternune its own needs in procurement of insurance to cover liabilities other than
as stated above.
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g. Before Consultant performs any work or prepares or delivers any materials,
Consultant shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned general liability, automotive and professional liability insurance
coverages on forms acceptable to City,which shall provide that the insurance in force will not be
canceled or allowed to lapse without at least ten(10) days' prior written notice to City.
h. Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Consultant shall be issued by companies admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. In the
case of professional liability insurance coverage, such coverage shall be issued by companies
either licensed or admitted to conduct business in the State of California so long as such insurer
possesses the aforementioned Best's rating.
i. Consultant shall immediately notify the City if any required insurance
lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed
by the City. In such a case, the City may procure insurance or self insure the risk and charge
Consultant for such costs and any and all damages resulting therefrom,by way of set-off from any
sums owed Consultant.
j. Consultant agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery.
Consultant hereby grants to the City, on behalf of any insurer providing insurance to either the
Consultant or to the City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against the City by virtue of
the payment of any loss under such insurance.
k. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontxactor to the City
for review and approval. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
19. Termination. The City may for any reason terminate this Agreement by giving
the Consultant not less than five (5) days' written notice of intent to terminate. Upon receipt of
such notice,the Consultant shall immediately cease work,unless the notice from the City provides
otherwise. Upon the ternunation of this Agreement, the City shall pay Consultant for services
satisfactorily provided and all allowable reimbursements incurred to the date of ternunation in
compliance with this Agreement,unless termination by the City shall be for cause,in which event
the City may withhold any disputed compensation. The City shall not be liable for any claim of
lost profits.
20. Maintenance and Insnection of Records. In accordance with generally accepted
accounting principles, Consultant and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other informatian (collectively, the
"records")pertaining to the costs of and completion of services performed under this Agreement.
The City and any of their authorized representatives shall have access to and the right to audit and
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reproduce any of Consultant's records regarding the services provided under this Agreement.
Consultant shall maintain all such records for a period of at least three (3) years after ternunation
or completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three(3)days'notice from
the City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Consultant shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. Consultant represents and warrants that Consultant:
(1) Has complied and shall at all times during the term of this Agreement
comply, in all respects, with all immigration laws, regulations, statutes, ntles,
codes, and orders, including, without limitation, the Immigration Reform and
Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services
under this Agreement who is ineligible to work in the United States or under the
terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this
Agreement properly maintain, all related employment docuxnentation records
including,without limitation, the completion and maintenance of the Form I-9 for
each of Contractor's employees; and
(4) Has responded, and shall at all times during the term of this Agreement
respond, in a timely fashion to any government inspection requests relating to
ixnmigration law compliance and/or Form I-9 compliance and/or worksite
enforcement by the Department of Homeland Security, the Department of Labor,
or the Social Security Administration.
c. Consultant shall require all subcontractors or sub-consultants to make the
same representations and warranties as set forth in Section b.
d. Consultant shall, upon request of the City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of the City,
verification that all such employees are eligible to work in the United States. All costs associated
with such verification shall be borne by the Consultant. Once such request has been made,
Consultant may not change employees working under this Agreement without written notice to
the City, accompanied by the verification required herein for such employees.
e. �onsultant shall require all subcontractors or sub-consultants to make the
same verification as set forth in Section d.
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f. Any Consultant, subcontractor or sub-consultant who knowingly employs
an employee providing work under this Agreement who is not authorized to work in the United
States, and/or fails to follow federal laws to determine the status of such employee shall constitute
a material breach of this Agreement and may be cause for immediate termination of this Agreement
by the City.
g. The Consultant agrees to indemnify and hold the City, its officials, and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures,the City may sustain by reason of the Consultant's failure to comply with said
laws,rules and regulations in connection with the performance of this Agreement.
22. Governins Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction
of California courts.
23. Inte�ration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated. �
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either e-mail or U.S. Mail. Notices shall be
deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is
earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
"CONSULTANT" "CITY"
KOA Corporation City of Orange
2141 W. Orangewood Ave 300 E. Chapman Avenue
Orange, Ca 92868 Orange, CA 92866-1591
Attn.: Ms. Min Zhou Attn.: Eduardo Lopez
Telephone No.: 714-573-0317 Telephone No.: 714-744-5527
E-Mail Address: mzhou@koacorp.com E-Mail Address: edlopez@cityoforange.org
25. Counteraarts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
"CONSULTANT" "CITY"
KOA Corporation, a California Corporation CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name:
Teresa E. Smith,Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Mary E. Murphy, City Clerk
APPROVED AS TO FORM:
Wayne W. Winthers, City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Consultant:
-- (1) the Chairman of the Board, the President or a Vice President,AND (2) the
Secretary, the Chief Financial Officer;the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office,please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into
this Agreemen� A copy of the corporate resolution, certified by the Secretary
close in time to the eacecution of the Agreement, must be provided to the City.
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EXHIBIT "A"
SCOPE OF SERVICES
[Beneath this sheet.]
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�; DESCRIPTION:OF WORK
. i' Tfie following scope of work is the same for each project TRAFFIC:SIGNAL MODIFTCATION PLAN
� � � Intersection base plans will show centerlines,right-of-way
�? intersection:
lines,relevant existing or proposed street improvements, -
PRE-DESIGN COORDINATION, RESEARCH AND utilities of:record,and existing traffic controls and
(�; MEETINGS improvements. All existing traffic signal poles,
At the onset of the project,KOA will discuss witFi City equipment,notes,and;schedules will be inventoried in
�; engineerin:g steff th:e proposed plan;.rel.eyent issues the field and shown o.n the base plan.: Propose.d new
� and projects;end currentdesign standards: As-built_. or modified facifities will be designed end shown:on
plans;6ase plan information;and proposed street the:drawirig:to create a complete traffic signal plan with ._
� improvements fo.r each location will be obtained from eorresponding City signaf detail sfieet.The plan will
j,; progress p:lans;City:records,or otherrelevant records. = conform to the:standard plans and special provision
_ ..; The schedule of ineetings is estimated to include a kick- requirements of the City of Orange and also the latest
off ineeting, one field:meeting,:and up to fou�project ediEion_of#he Caltrans Sta.ndard Plans and Specifications: .
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review meetings.. The plan wiH be.designed in tfie specifc format required
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;.� or requested by the City to eet their approval. The
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.. FIEI.D.REVIEW; UTILITY.COORDINATION , plan.will.incl.ude all notes,schedules,and other features.
f.� The site,will be ful(y inspected:in the field with respect required to show future conditions.completely and .
to heeds.for re arin the desi n lans Ph sical st�eet __ _ ..
� .� . . A .P.... 9 9 P . ..•....Y � properly:
'�� , irnprovements,ezisting traffic signalization,underground
or overhead utilities and obstructions;signing and As an added value;KOA.will provide signal timing
� striping;.and other relevant items will be surveyed in the support to:update the timing witFi the new phases. This.;
;� field wi4h.precision to be shoinin.accurately on th:e Plan. will:include an update to intersection phase splits,offsets
All improvement information obtained from records will; an.d other inputs that will need to be completed before
� be verified:in the:field in conjunction with this review. the implementation of new phasing. :
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=� KOA w'ill.coordinate design di're.ctly with all utility . CUI�B:RAMPS
companies.which may have facilities in the projecf vicinity Civil plens will be provided for rec6nstruction of curb
� and will submit all applicable utility log coordination. ramps. We will;review the topographic survey and
'_; We will also conduct records.cesearch forwork plans as physically measure the existing curb remps to identify
needed.Our team is extremely familiar with the.City and non=comptiant curb ramps for.replacement Our plans :
�... use of its online GIS,referenee library for.engineering " will identify the limits of pavement;sidewalks, curbs,
; ? documentsand other record for centerline ties,property : gutters,and ramp removal(Demolition).The plans will
lines, and city owned facilities..We will make design identify new.pavement;curbs,.gutters,sidewalks; ramps,
;.,� adjustments to avoid utilities as appropriate.. and.associated improvements perCity Standard Plans, ::
� � including any roposed.decorative cletails.to compl with
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��- SURVEY QND: BASE PLAN MAPPING the City"old Town Area":design featuces(brick work,
Prior to beginning survey work,the KOA tea.m and the concrete color and:finish,.etc.}.Existing.and proposed
�� City project manager will walk;each project site. Surveys grades for:the improvements will be.shown on the
L� will be conducted to pick up:all:topographic features and plans. For:improvements,they will show dimension
utilities for:each project intersection,witHin the street measurements from the centerline,right-of-way,and radii. ;
_ right-of-way,and:1Q feet beyond.:The survey work will '
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be performed by Coest Surveying,Inc.(Coast). The: SIGNING:&:STI�TPTNG PLAN::
�� survey deliverables wil.l include a topographic survey,. Signing and striping plans will:be:prepared showing the:
survey field books;notes,and hocizontal control. KOA project area and all a,ff,ected traffic s#ripes. The plans
(H( has prior expe�ience working witH Coa§t;who wil(follow inrill show the location of:all proposed;traff,ic stripes
u the raquirements set forth by the City of Orange to and markings and the p�oper disposition of all affected
submit the surveying feld notes,base maps,and other existing signs and markings. Any Vuork required to
;.�. information: transition the proposed stripes to join with existing
'� '' - stripes on intersection approaches wiH be provided. The
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final signing:ancJ striping plans will be prepared for final
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CITY OF ORANGE
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DESCRIPTI(JN:OF WORK �
; pfotting:on D-sized sheets.at 1" =40',as appropriate; SUBMITTAL OF PLANS.&:RESPONSE TO :
�.. ..
I striptng modifications are detecmined to:be minor,
REVISIONS
these mod.ifications:can be shown on#he,traffc signal :
A California-registered civil.engineer end%or traffic
improvement plan a8 we provided on our recent,work:for engineer.willsign the completed:plans.Plan submitta.ls: .
� the Chapman Avenue:and James Street left-turn sign.al • , o
t_= will be at base plan 80/a, 100%and final phases,
improvement project. �
which will include three(3)sets of platis for ce�iew
�� SRECIFICATIONS and comment alo.ng with.the engineer's.estimate#or
; each submittal.Any revisions re.quested by the City or,
KOA will prepare special proyisions bid document's in other responsible parties will.be fu,lly addressed and:
support of plans for related constcuction.work. VUe have - . - •
recent versions o:f.tlie Cit 's Standard:5 ecifications and �ncorporated properfy:into the plans untifthey are ready
� Y p forfinal approvaf by,the.City. Final submittals will include
.
�; Special.Provisions related.to ElecfricalyTraffic Signal,.. .
all drawings and documents in both:electronic, hard copy;
Traffic:5igns/PaintingjStriping;and civil work related . and:mylar format as outlined in.th.e RFP.
�`�. ..
items:This also includes any Caltrans.requ.ired forms,
tables,and other:fanguage needed as part_ofthe HSIP
%�; :. . . . . . CONSTRUCTION/BID SUPPORT :
ro ect re wrements. We will furn�sh s ecifications for KOA will also provide assistance and will 6e aVailable
P 1.. .....q P
: manufiacturer's specialty equipment where desired,:and •
. b meetings,:email correspondence;ortelephone to:
3 will p.repare a pro�ect cover sheets. y
� .a.. interpret and darif our;desi n sheets,special rovisions
Y 9 P
" , and review cont�actor RFI's. This wifl afso;include the
COST ESTIIV1i4TE5
�., .. , � � , need.to address any design discrepancies�elated_to . -... ;
� � An Engineer s Constru.ction Cost Estimate will:be changed conditions.
� prepared at appropria.te in#ervals for any project with :
plan submittals: KOA w'ill�include:reasonable cost
;:� : estimates of other work so that tfie City:will know the
�.
_
� total project construction costs; Estimates are done using
� a spteadsheet-based prog�airi,:which allows for updating
unit prices for traffie signal equipment and mate�ials: This
:.
;�; .; program is.updated:and adjusted:to reflect current trends :
+,_., in prices.and economic factors, Estimates will be updated
. . ..
with eaeh submittal
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�
;�
MAN-HOURS TABLE - FELDNER ROAD MAN-HOURS TABLE= FLOWER.STREET
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I.�
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.:_, :: MEermi�s : 9 fi ZS : MEETINGS 9 B:. ' ZS
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' � . .PI-1.45E 1 :.. . .. . ' .. . .. . P.HASE�: .'.. . .. . .. .. .
. 4a .� BABE DESFGN CQORDINATION� � � � 8 � 24 �33 6��� BpSE�DE5IGN�COORDINATION � �'8- ��z 24 33 67 .� ' .
. '. . : . . . . . . . . . . . . . .
PHASE Z.. . .. . .. P4ASc Z
-, 80%PS&E 18 �_ _3€ 56 80%PS&E 18 � 36: : . 56
•..,
� :
;.
^�-' PHASES 3 PHASES 3..'.-
: 1170:%PS&E 8 2 16 26. 100%PS&E 8 : .2 16 26 . : :. .
. ��i. . - PHASE 4 . .. ..:. . . . . . . ... . :. PHASE� . . . " "
:�.��. FWALPSSCE:W�BID:SUPPORT � �4 6 . � �, �. F�Na�PS&Ew/B�oSuapoR; 2 4 �� � 6 :
� ,,.�,, TOTAL STAFF HOURS� .4S 6 86 :33 � �1Z0� ::� � ��:�:�:.Tor,a�SrAFF HauRs ,45: .�6� 86 33 170 . ;�: ��
� . • , . .. . . ,. �... � , � �..�. . � ., � • �
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CITY OF,ORAPJGE. : , . .
--a ..
t�;:
_ : � - ,
, t I
�_;. RELEVANT EXPERIENCE
_
_ .
(�' CIT.Y OF ORANGE AS-NEEDED TRAFFIC ENGINEERING CITY.OF ORANGE
l�E...
SERVICES . Mede!l.lanes
ORANG.E, CA Senior Civil En ineer
9
(714)T44-5535:
, C Since:December 2007,.KOA}ias:been providing as=needed traffic engineering mllanes@cityoforange.org
services for a wide variety oftraffic-related project5. KOA has prepared grant
applicatioris,traf#ic:studies,and signal d.esign plans under the clirection of the YEAR
�� City..Some of the tasks completed underthe,agreement included: 2007-Ongoing
`�' Tustin Street&Vanowen Avenue HSIP Signal Modification Pr.ime Consultont . .
� • Glassell AVenue&Walnut Sfreet HSIP:Signaf Modification- :
�
? • Chapm.an,Avenue&James Street HSIP Signal Modification
�;.:
_ _
O�ange Fire Stafion.#2 Roadway and Building Improvements
��, • Chapman Av,enue&Lemon Street Signal Modifications.
I�;' . • Glassell Avenue&Palm Avenue Signal Modifications.
CIl'Y OF ANAHEI[VI ON=CALL TRAfFIC ENGINEERING CITY OF ANAHEIM : _ ::
SERVICES . . �amie�ai
� ANAHEIM, CA Traffic&Transportation IVlanager
. .
14)765-5049.
: . Since 1991,KOA,has been retained,by the.City for the design ofstreet Jlai.@anaheim.net
improvements, median improvements,.traffic signals,interconnect,signing
's: and striping, construction-area traffic control,and street ligfiting. KOA has,_, . YE:AR
J provided various traffie studies and other miscellaneous services as part of tliis 1991-Ongoing:
ongoing contract. KOA has performed upwatds of 50 tasks/projects directly: :
,:,: :: for the City:wittiin tiie last 10 years. This includes traffic:signal:improvements : Prirr�e Consultant ...
�..,
j d:: . for:
• State College Boulev.ard and La Palma Avenue:Signal Modification:(2018)
;-,.. • Ball Road and Walnuf Avenue Signal Modification(2017)_ : .
� .: • Harbor Boulevard and Katella Avenue Signal Mod'ification(201b)
'�
:
�4:':: CITY OF_BARSTOW TRAFFIC ENGINEERING, DESIGN, & CITY OF BARSTOW ::
ENVIRONMENT'AL_SERVICES FOR �IGNAL.IZED INTERSEGTION �omingo.D.Gonzales
r' Engineering:5ervices Administrator:: _
. ..
:. +
IMPROVEMEfVTS ALQNG: MAIN ST. & BARSTOW RD.
�a -
BARSTOW,:CA ':..
(760)255 5121 -
dgonzales@ barstowca.ocg
;"�: The City of Barstow.was awarded HSIP funding to improve sefety.and reduce YEAR
J traffic:incidents along the corridors of Main Street and:Barstow Road.KOA: 2016-2017 :
, , prepared traffic signal hardware,signal timing and ADA improvements based .
1:..5 . on the collectio,n offield data and;inventory.ADA related improv.ements Prime Consu(fant
;.t . included pedes"trian:signal heads and:pusli buttons and addressing accessibility . .
�-� issues due to deficiencies in tHe:existing infrastructure.:Existing conditions
were modeled using Synchr.o:O.ur extensive signal tirriing experience ancl
1 = . operational:knowledge of controllers provided the City with new operatianal
�j =. plans to maximize controller capabilities;to,utilize existing programmed safety _ ..
.j
features.A full PS&E package:was prepared. :
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CITY OF ORANGf
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f-., . . . . . . . .. . . . . . . . . . . .. - . . . . .
�; CONSUtTANT:PROJECT TEAM :
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�;
_
�,v� . LEGEND
;�� � KOA - Prime
, •
�� � Coast - Survey � • �
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. . . .. . . . . . . .. �
. . . . . . . :. . .�: �
f� Ryan Calad; PE Nlin Zhou, PE
'-� Project Oversight Advisement & :
__
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�� R an Calad PE Nick Coates PLS
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Task Manager Task Mana:ger:
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�� Assistant Engrneers
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-; SUBCONSULTANTS.
�� .
� ' ' CORST SURVEYING,IN[:;tC6A5T� COdSt SUfV2YIF19;Ihc.works out o.f one�location,in Tustin,.California,:with 26 employees of�_tnifi.om six � �.�
` �':. are highly qualified licensed surveyors. Coast has performed numerous projects within.th.e City of
�;" TOPOGRAPHIC LAND SURVEYING Ofa1192;both for the City itse.l#artd for other publie agencieS.They are,currently providing survey
, support for construction rrianagement of the new:pa�king structure thet will serve the City of Orange :
... DBE#2128�SBE�287 Me#rolink Station,.tast year,Coast worked_with KOA on two tra.ffic signal fiming projects for.the City
' DIR#1000006732 of Orange,whicfi were located a:t the.intersection of Chapman.Avenue and James Stree.t.and the
intersection.of Glassell_5treet and INalnut:Avenue. They also teamed.with another firm last year to
� to.nduct surveys for_Batavia:Sf[eet at Chapman Avenue:and at Collins Avenue�:.
�;
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CITY OF ORANGE: �
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�� APPENDICES
�, : _
,
� RESUMES
; . .
_
�j Resumes of key staff,including our su6consultants.
...
`�? STATEMENT OF COMPLIANCE OF INSURANCE REQUIREMENT$.
J
�, REQUIRED FORMS/DBE COMPLIA:NCE
_. .
�
{ 10-01 Consultant P�oposal DBE.Commitment
.J
� GFiapman Avenue.at Feldner Road Left.Tum Signal Modification(SP�4034) .
� . . �.
�:�, , � Chapman Avenue at Flower,Street Left Turn Signal ModifiCation(SP-4035)
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CITY OF QRANGE .
_ _
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--i _ ' �"
��:a APPENDICES � RESUMES
.-;
,
: � RYAN CALAD, PE EDUCA7IQN
`�' PROJECT ENGI.NEER
.
BA,Social Ecology(Urban,Planning
KOA -Senior:En ineer Focus),University of California,
;w,. g
; , Irvine,:CA . : :
;,� Mr,;Ryan.Calad is a motivatecl.and innovative traffic:engineerwho hes se.r.ved:as Cert,Type 2U7U Traffic,Signal
P�oject Manager/Task Leade�on various.roadway improvements,traffic signal Controllers, UC Berkeley:Technology
� : design,synchronization and ITS projects: His expertise is with intersection Transfer Prograrri.(Course TE-09)
:. .
and si nal s stem desi n and o eration: He also has extensive work with
'tj 9. .. Y 9 P _�..
the development of optimized timing plans as well as the implementation,: :. REGISTRA�'IONS
troubleshooting;and maintenance of signal systems.
�a :, Profi.Traffic Engineer,CA#2692
��i RELEVANT£XRERIENCE. ..... Prof.Civil Engineer,AZ#63514
All projects listed were completed within the last three years or are in progress. �
..,
ATTRIBUT�S .
�,x: - • City of;Long .Beach Multiple T55Ps� PM T�affic Engineering Design%Analysis
��
" City of Barstow Main&.Barstow HSIP Signal Improvements� PM. 5ignal.Timing ..
:
;�,� Citywide Adaptive:ATNIS(sub to McCain);Culve�City�Task Manager Intersection:Design
�: : • City of:Orange Various HSIP Signal_Improvement Projecfs�;PM Cost Estimates
,P, • . City,of Diamond_Bar ITS&TMC Support�.Contract Staff AutoCAD, J. M.icroStation
, �
� C'i.#y of Coachella ST 68'fSSP�TMC PS&E/Signal Goord.Lead AutoTURN � Tru Traffic
• City of Azusa Traffic Mgmt.System�TNIC PS&E/Signal Coord:.Lead Synchro/SimTraffic
"'1 .
, . .
,�.
��: : NIIN ZH:OU, PE EDUCATION
4 .
� PRINCIPAL IN=.CHf�RGE MS,Civil Engineering;.Nfichigan
�:. .
State Universit E.Lansin
KOA =:Principo!Engineer. : : : Y,
9
� MS,Urban Rlanning,School of
Ms:Zfiou has over 25 years of transportation enginee�ing and plan,ning
i� � Ar.chitecture,Tsinghua lJniversity,
"w� :. experience witFi both private consultant companies and public agencies. She geijing,China
is knowledgeable in signal timing and syncHronization;roadway design,traffic
'�' desi n,trens ortation:modelin and studies,:non-rootorized trans ortation;:: BS,Urban:Planning,School of .
data ase management;and sta istical analysis. Ms.Zhou has managed Architecture,Tongji University;
`� several large-scale projects involving multiple stake hold,er groups and has a Shanghai,China
,..�
reputation of delivering.projects on-time and under budget:
�
REGISTRATIONS
�_ , RELEVANT EXP.E.RIENCE Prof.Civil:Eng.;CA#66448 _ .
• Signal System:Troubleshooting &On;-Site Traffic Engineering.Consultant, ATTRIBUTES
�: Pomona� KOA.Project Manager.
; , ` .. Transportation Planning
� • Honolulu 5ignal Retiming Project,Honolulu, HI� KOA Pro�ect Manager% :
Principal-In-Charge . ... : :. . .. . . ..... . . ivi Engineering.. .
Traffic/C'"I
i.,'? .. P�oject Management: :.
� � ., • OCTA La Palma Avenue Traffic Ligh.t Synchronization Project,Orange
�� County� P�incipal-In-Charge. Tra�e&Roadway Design
_., �o
.. .
Circulaf n/Pa'rking Analyses
. .. .f.. . . .. ... . .. . .. ..... .. . . . .. . ... . .
�:? . Non=motorized Transportation
--� .
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Complete Streets
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CITY OF ORANGE.:
' . �.; _ .
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I
'.�� APPENDICES � RESUMES
' ' �lICK COATES, PLS: EDUCATION
, ;
``� SURVEY TASK.:MANAGER HNC Land and Engineering
y . �
ager. . Surveying, Pol ecNnic of:the
Coast-Surve Pro'ect Man
�
;i Southbank, London, UK
�} Mr.Coetes has more than.36 years of diverse,worldwide surveying experience
REGISTRATICbNS .
in botH the field and office,performing many types of surveying,including prof.Surveyor,CA#9306_
� vertical and horiiontal controf,photo corit�ol,GPS surveys,topog�aphic
i:9::_
; ; surveys;desigh su�veys;boundary surveys,right of way su�veys,monitoring: Prof.Surveyor, MO#2008000716 . :
" surveys;and construction layout. RELEV,4NT ATTRIBUTES
...
{:� RELEVANT EXPERIENCE Land Surveying :
:=-� � . Foothill Transit Layover Sites Design Surveys, Los Angeles�5u�vey Froject. Project M�nagemenf
Manager Project Coo�dination
.
'� • Culver Gity Bikeway Design Surveys,Culver City�Sur.vey PM : GIS
`'' • Purple Line.Section 1 Deformation Monitoring,Los Angeles�:S.urvey PM
•
Logistics.
. �t OCTA Transportation Security Operations Center pesign Surveys&Ae:riel Data Mana ement
. Mapping,Anaheim�Survey PM . .. ... . . 9
� . Data Integration :
• Purple Line Seetion 2 Design Suryeys;:Los Angeles�Survey PM
Survey Syste.ms
"� • CAX:Central Terminal Area Control Survey, Los Angeles�Survey PM
_
E�
Miramar F-35 Simulator Design Survey,San Diego�.Survey PM
• LAX ATM.Rigtit of Way Mapping,;Los Angeles�Survejr RM : :.
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CITY OF ORANGE . ' .
EX�iIBIT"B"
MANDATORY FISCAL.FEDERAL PROVISIONS AND OTHER PROVISIONS
[Beneath this sheet.]
,
EXffiBIT"B"
MANDATORY FISCAL,FEDERAL PROVISIONS AND OTHER PROVISIONS
Article I Performance Period
a. This contract shall go into effect on , contingent upon approval
by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed
by LOCAL AGENCY'S Contract Administrator. The contract shall end on , unless
extended by contract amendment.
b. CONSULTANT is advised that any recommendation for contract award is
not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL
AGENCY
Article II Allowable Costs and Pavments
a. The method of payment for this contract will be based on lump sum. The
total lump sum price paid to CONSULTANT will include compensation for all work and
deliverables, including travel and equipment described in Article 1 Services of this contract. No
additional compensation will be paid to CONSULTANT,unless there is a change in the scope of
the work or the scope of the project. In the instance of a change in the scope of work or scope of
the project, adjustment to the total lump sum compensation will be negotiated between
CONSULTANT and LOCAL AGENCY.Adjustment in the total lump sum compensation will not
be effective until authorized by contract amendment and approved by LOCAL AGENCY.
b. Progress payments may be made monthly in arrears based on the percentage
of work completed by CONSULTANT.If CONSULTANT fails to submit the required deliverable
items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have
the right to delay payment or terminate this Contract in accordance with the provisions of Article
VI Termination.
c. CONSULTANT shall not commence performance of work or services until
this contract has been approved by LOCAL AGENCY and notification to proceed has been issued
by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of
any work, or for any work performed prior to approval of this contract.
,
d. CONSULTANT will be reimbursed, as promptly as fiscal procedures will
permit, upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in
triplicate.Invoices shall be submitted no later than 45 calendar days after the performance of work
for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone,
on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and
shall reference this contract number and project title. Final invoice must contain the final cost and
all credits due LOCAL AGENCY that include any equipment purchased under the provisions of
Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-
Exhibit"B"
Page 1 of 8
calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL
AGENCY's Contract Administrator at the following address:
City of Orange
300 E. Chapman Ave
Orange, Ca. 928333
Attn: Eduardo M.Lopez
e. The total amount payable by LOCAL AGENCY shall not exceed the dollar
amount described in SECTION 2. COMPENSATIONS AND FEES. The compensation for each
project is as follows:
Chapman Avenue at Flower Street HISPL-5073(087) $19,732.00
Chapman Avenue at Feldner Road HISPL-5073(088) $19,732.00
Article III Termination
a. LOCAL AGENCY reserves the right to terminate this contract upon
thirty(30) calendar days written notice to CONSULTANT with the reasons for termination stated
in the notice.
b. LOCAL AGENCY may terminate this contract with
CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time
and in the manner herein provided. In the event of such termination, LOCAL AGENCY may
proceed with the work in any manner deemed proper by LOCAL AGENCY.If LOCAL AGENCY
ternunates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSLJLTANT the
sum due to CONSULTANT under this contract prior to termination,unless the cost of completion
to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall
be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall
be paid to CONSULTANT upon demand.
Article IV Cost Principles and Administrative Requirements
a. CONSULTANT agrees that the Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to
determine the cost allowability of individual items.
b. CONSULTANT also agrees to comply with federal procedures in
accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
c. Any costs for which payment has been made to CONSULTANT that are
determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by
CONSiTLTANT to LOCAL AGENCY.
Exhibit"B"
Page 2 of 8
Article V Retention of Records/Audit
For the purpose of determining compliance with Public Contract Code 10115,et seq. and Title 21,
California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other
matters connected with the performance of the contract pursuant to Government Code 8546.7;
CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence pertaining to the
performance of the contract, including but not limited to, the costs of administering the contract.
All parties shall make such materials available at their respective offices at all reasonable times
during the contract period and for three years from the date of final payment under the contract.
The state, State Auditor, LOCAL AGENCY,FHWA, or any duly authorized representative of the
Federal Government shall have access to any books, records, and documents of CONSULTANT
and it's certified public accountants (CPA) work papers that are pertinent to the contract and
indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof
shall be furnished if requested
Article VI Audit Review Procedures
a. Any dispute concerning a,question of fact arising under an interim or post
audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL
AGENCY'S Chief Financial Officer.
b. Not later than 30 days after issuance of the final audit report,
CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of
unresolved audit issues. The request for review will be submitted in writing.
c. Neither the pendency of a dispute nor its consideration by LOCAL
AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the
terms of this contract.
Article VII SubcontractinS
a. Nothing contained in this contract or otherwise, shall create any contractual
relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve
CONSULTANT of its responsibilities and obligations hereunder. CONSiJLTANT agrees to be as
fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of
persons either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its
subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make
payments to the CONSULTANT.
b. CONSULTANT shall perform the work contemplated with resources
available within its own organization and no portion of the work pertinent to this contract shall be
subcontracted without written authorization by LOCAL AGENCY's Contract Administrator,
except that,which is expressly identified in the approved Cost Proposal.
Exhibit"B"
Page 3 of 8
c. CONSULTANT shall pay its subconsultants within ten (10) calendar days
from receipt of each payment made to CONSULTANT by LOCAL AGENCY.
d. All subcontracts entered into as a result of this contract shall contain all the
provisions stipulated in this contract to be applicable to subconsultants.
e. Any substitution of subconsultant(s) must be approved in writing by
LOCAL AGENCY's Contract Administrator prior to the start of work by the subconsultant(s).
Article VIII State Prevailin�Wage Rates
a. CONSULTANT shall comply with the State of California's General
Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the work.
b. Any subcontract entered into as a result of this contract, if for more than
$25,000 for public works construction or more than$15,000 for the alteration, demolition,repair,
or maintenance of public works, shall contain all of the provisions of this Article, unless the
awarding agency has an approved labor compliance program by the Director of Industrial
Relations.
c. When prevailing wages apply to the services described in the scope of work,
transportation and subsistence costs shall be reimbursed at the minimum rates set by the.
Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage
Determination. See http://www.dir.ca.gov_
Article IX Conflict of Interest
a. CONSULTANT shall disclose any financial,business,or other relationship
with LOCAL AGENCY that may have an impact upon the outcome of this contract,or any ensuing
LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may
have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY
construction project, which will follow.
b. CONSULTANT hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of services
under this contract.
c. CONSULTANT hereby certifies that neither CONSULTANT,nor any firm
affiliated with CONSULTANT will bid on any construction contract,or on any contract to provide
construction inspection for any construction project resulting from this contract.An affiliated firm
is one, which is subject to the control of the same persons through joint-ownership, or otherwise.
d. Except for subconsultants whose services are limited to providing surveying
or materials testing information,no subconsultant who has provided design services in connection
with this contract shall be eligible to bid on any construction contract,or on any contract to provide
construction inspection for any construction project resulting from this contract.
Exhibit"B"
Page 4 of 8
Article X Rebates.Kickbacks or Other Unlawful Consideration
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks
or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For
breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed;
or to deduct from the contract price; or otherwise recover the full amount of such rebate,kickback
or other unlawful consideration.
Article XI Statement of Comnliance -
a. CONSULTANT's signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California that CONSULTANT
has, unless exempt, complied with, the nondiscrimination program requirements of Government
Code Section 12990 and Title 2, California Administrative Code, Section 8103.
b. During the performance of this Contract, Consultant and its subconsultants
shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant
for employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability(including HIV and AIDS),mental disabilit}�,medical condition(e.g., cancer), age(over
40),marital status,and denial of family care leave. Consultant and subconsultants shall insure that
the evaluation and treatment of their employees and applicants for employment are free from such
discrimination and harassment. Consultant and subconsultants shall comply with the provisions of
, the Fair Employment and Housing Act (Gov. Code §12990 (a-fl et seq.) and the Sapplicable
regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-fl, set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations, are incorporated into this Contract by reference and made a part
hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining
or other Agreement.
c. The Consultant shall comply with regulations relative to Title VI
(nondiscrimination in federally-assisted programs of the Department of Transportation—Title 49
Code of Federal Regulations,Part 21 -Effectuation of Title VI of the 1964 Civil Rights Act).Title
VI provides that the recipients of federal assistance will implement and maintain a policy of
nondiscrimination in which no person in the state of California shall, on the basis of race, color,
national origin,religion,sex,age,disability,be excluded from participation in,denied the benefits
of or subject to discrimination under any program or activity by the recipients of federal assistance
or their assignees and successors in interest.
d. The Consultant, with regard to the work performed by it during the
Agreement shall act in accordance with Title VI. Specifically,the Consultant shall not discriminate
on the basis of race, color, national origin, religion, sex, age, or disability in the selection and
retentidn of Subconsultants, including procurement of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discriinination prohibited by
Exhibit"B" '
Page 5 of 8
Section 21.5 of the U.S.DOT's Regulations,including employment practices when the Agreement
covers a program whose goal is employment.
Article XII Debarment and Suspension Certification
a. CONSULTANT's signature affixed herein, shall constitute a certification
under penalty of perjury under the laws of the State of California, that CONSULTANT has
complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide
Debarment and Suspension (nonprocurement)", which certifies that he/she or any person
associated therewith in the capacity of owner,partner,director,officer,or manager,is not currently
under suspension, debarment,voluntary exclusion, or determination of ineligibility by any federal
agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any
federal agency within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted,convicted,or had a civil judgment rendered against it by a court of competent �
jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
Any exceptions to this certification must be disclosed to LOCAL AGENCY.
b. Exceptions will not necessarily result in denial of recommendation for
award, but will be considered in determining CONSULTANT responsibility. Disclosures must
indicate to whom exceptions apply, initiating agency, and dates of act'ion.
c. Exceptions to the Federal Government Excluded Parties List System
maintained by the General Services Administration are to be determined by the Federal highway
Administration.
Article XIII Disavantaged Business Enterprise(DBE)Participation
a. This contract is subject to 49 CFR, Part 26 entitled "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in
meeting its federally mandated statewide overall DBE goal.
b. The goal for DBE participation for this contract is 12%. Participation by
DBE consultant or subconsultants shall be in accordance with information contained in the
Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE
Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE
subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace
him/her with another DBE subconsultant, if the goal is not otherwise met.
c. DBEs and other small businesses, as defined in 49 CFR, Part 26 are
encouraged to participate in the performance of contracts financed in whole or in part with federal
funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color,national
origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable
requirements of 49 CFR,Part 26 in the award and administration of US DOT-assisted agreements.
Failure by CONSULTANT to carry out these requirements is a material breach of this contract,
Exhibit"B"
Page 6 of 8
which may result in the termination of this contract or such other remedy as LOCAL AGENCY
deems appropriate.
d. Any subcontract entered into as a result of this contract shall contain all of
the provisions of this section.
e. A DBE firm may be terminated only with prior written approval from
LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(fl. Prior to requesting
LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural
requirements specified in 49 CFR 26.53(�.
f. A DBE performs a Commercially Useful Function (CUF) when it is
responsible for execution of the work of the contract and is carrying out its responsibilities by
actually performing, managing, and supervising the work involved. To perform a CUF, the DBE
must also be responsible with respect to materials and supplies used on the contract,for negotiating
� price, determining quality and quantity, ordering the material, and installing (where applicable)
and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the
amount of work subcontracted, industry practices,whether the amount the firm is to be paid under
the, contract is commensurate with the work it is actually performing, and other relevant factors.
g. A DBE does not perform a CUF if its role is limited to that of an extra
participant in a transaction, contract, or project through which funds are passed in order to obtain
the appearance of DBE participation. In determining whether a DBE is such an extra participant,
examine similar transactions, particularly those in which DBEs do not participate.
h. If a DBE does not perform or exercise responsibility for at least thirty
percent(30%) of the total cost of its contract with its own work force, or the DBE subcontracts a
greater portion of the work of the contract than would be expected on the basis of normal industry
practice for the type of work involved, it will be presumed that it is not performing a CUF.
i. CONSULTANT shall maintain records of materials purchased or supplied
from all subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each DBE or
vendor, regardless of tier. The records shall show the date of payment and the total dollar figure
paid to all firms. DBE prime consultants shall also show the date of work performed by their own
forces along with the corresponding dollar value of the work.
j. Upon completion of the Contract, a summary of these records shall be
prepared and submitted on the form entitled,"Final Report-Utilization of Disadvantaged Business
Enterprise (DBE),First-Tier Subconsultants"CEM-2402F [Exhibit 17-F, of the LAPM], certified
correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished
to the Contract Administrator with the final invoice. Failure to provide the summary of DBE
payments with the final invoice will result in twenty-five percent(25%) of the dollar value of the
invoice being withheld from payment until the form is submitted. The amount will be returned to
CONSULTANT when a satisfactory "Final Report-Utilization of Disadvantaged Business
Enterprises (DBE), First-Tier Subconsultants"is submitted to the Contract Administrator.
Exhibit"B"
Page 7 of 8
k. If a DBE subconsultant is decertified during the life of the contract, the
decertified subconsultant shall notify CONSULTANT in writing with the date of decertification.
If a subconsultant becomes a certified DBE during the life of the Contract,the subconsultant shall
notify CONSULTANT in writing with the date of certification. Any changes should be reported
to LOCAL AGENCY's Contract Administrator within 30 days.
�
Exhibit"B"
Page 8 of 8
CITY COUNCIL MINUTES NOVEMBER 13, 2018
3. CONSENT CALENDAR(Continued)
3.7 Award of Consultant Services Agreement to KOA Corporation for preparing plans,
specifications,and estimates for Traffic Engineering Services on Chapman Avenue at
Flower Street Left Turn Signal Modifications and Chapman Avenue at Feldner Road
Left Turn Signal Modifications. (A2100.0; AGR-6663)
ACTION: Awarded the contract in the amount of $39,464 to KOA Corporation; and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.8 Cooperative Agreement No. C-8-1797 by and between Orange County
Transportation Authority and the Cities of Orange, Garden Grove, Santa Ana, and
� Westminster for the implementation of the Garden Grove Boulevard Regional Traffic
Signal Synchronization Project funded as part of the Measure M2 Regional Traffic
Signal Synchronization Program. (A2100.0; AGR-6664)
ACTION: Approved Cooperative Agreement No. C-8-1797,and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.9 Cooperative Agreement No. C-8-1798 by and between Orange County
Transportation Authority and the Cities of Orange, Anaheim, Cypress, Garden
Grove, Los Alamitos, Stanton, Villa Park, and County of Orange for the
implementation of the Katella Avenue Regional Traffic Signal Synchronization
Project funded as part of the Measure M2 Regional Traffic Signal Synchronization
Program. (A2100.0; AGR-6665)
ACTION:Approved Cooperative Agreement No. C-8-1798,and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.10 Cooperative Agreement No. C-8-1800 by and between Orange County
Transportation Authority and the Cities of Orange, Irvine, and Santa Ana for the
implementation of the Main Street Regional Traffic Signal Synchronization Project
funded as part of the Measure M2 Regional Traffic Signal Synchronization Program.
(A2100.0; AGR-6666)
ACTION: Authorized the appropriation of$5,000 from the unreserved TSIP "B" (284)
fund balance to expenditure account 284.5032.56100.20191 for the City of Orange's share
of project cost; and approved Cooperative Agreement No. C-8-1800 and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.11 Cooperative Agreement No. C-8-2015 by and between Orange County
Transportation Authority and the Cities of Aliso Viejo, Anaheim, Brea, Buena Park,
Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove,
Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna
Woods, La Habra, Lake Forest, Mission Viejo, La Palma, Los Alamitos, Newport
Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan
Capistrano, Santa Ana, Seal Beach, Stanton,Tustin,Villa Park,Westminster,Yorba
Linda, and the County of Orange for administration of the Orange County Taxi
Administration Program. (A2100.0; AGR-6667)
ACTION: Approved Cooperative Agreement No. C-8-2015 and authorized the City
Manager and CiTy Clerk to execute on behalf of the City.
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