2020/04/01 Anser Advisory, LLC CIP16-07 Traffic Signal Comm. (west) DocuSign Envelope ID:C431`901E-A911-48C8-B38F-0557D43DFFB1
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 16-07 CITYWIDE TRAFFIC SIGNAL COMMUNICATIONS (WEST) -
CONSTRUCTION MANAGEMENT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and effective
this 15th day of April , 2020 ("Effective Date") by and between the CITY OF MENIFEE, a
California municipal corporation, ("City") and ANSER ADVISORY LLC, a California S-
Corporation("Consultant"). City and Consultant may sometimes herein be referred to individually
as a"Party" and collectively as the "Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A,this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on April 1, 2020 and
shall end on December 31, 2020 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City's right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED
THOUSAND ONE HUNDRED THIRTY TWO DOLLARS AND EIGHTY TWO
CENTS ($100,132.82) not withstanding any contrary indications that may be contained in
Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Exhibit A,regarding the amount
of compensation,this Agreement shall prevail. City shall pay Consultant for the Services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Consultant for the Services rendered pursuant to
this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate
services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
C. A "Task Summary" containing the original contract amount, the amount of
prior billings,the total due this period,the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
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29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments,based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty(30)days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due
pursuant to this Agreement within sixty(60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement,unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets,and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant,at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident,ONE MILLION DOLLARS ($1,000,000.00)disease per employee,and ONE MILLION
DOLLARS ($1,000,000.00)disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements,but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope ofcovere. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
C. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis,and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VI1 and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CIP
16-07 CITYWIDE TRAFFIC SIGNAL COMMUNICATIONS (WEST) -
CONSTRUCTION ENGINEERING SERVICES. The name and address for Additional
Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee,
29844 Hann Road, Menifee, CA 92586. City must be endorsed as an additional insured for
liability arising out of ongoing and completed operations by or on behalf of Consultant.
C. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if. (1) any of the required insurance
policies is terminated;(2)the limits of any of the required polices are reduced;or(3)the deductible
or self-insured retention is increased.
d. Additional insured, primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
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retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies,which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof, and/or
C. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law,Consultant shall indemnify,protect,defend(with counsel selected by City),and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims")to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
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all of its officers,employees,officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any
provision of this Section 5 to the contrary, design professionals are required to defend and
indemnify City only to the extent permitted by Civil Code Section 2782.8. The term "design
professional" as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers,professional land surveyors, and the business entities
that offer such services in accordance with the applicable provisions of the California Business
and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees,or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries,wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state,or federal policy,rule,regulation, law, or ordinance to the contrary,Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages,as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state,and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii)the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time,or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law),Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing,Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
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8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection I.I. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach„by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
C. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications,reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy,use,modify,reuse,or sublicense any and all copyrights,designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents and
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
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.
9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers,canceled checks,and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum 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 shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3)years after final payment under this Agreement.
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SECTION 10. NUSCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief,to enforce or interpret the provision of this Agreement,the prevailing
Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law, Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Melanie Estes ("Consultant's Representative"). The Consultant's Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using his
best skill and attention, and shall be responsible for all means, methods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Carlos Geronimo, Principal Engineer ("Contract Administrator"). All correspondence
shall be directed to or through the Contract Administrator or his designee. The Contract
Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from
any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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ANSER ADVISORY, LLC
Attn: Melanie Estes
1820 E. FIRST STREET, SUITE 410
SANTA ANA, CA 92705
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator,the first page of a technical report,first page of design specifications,and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
re ort/desi gn res onsibilit .
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that(i) such Party is duly organized and existing, (ii)they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that,by and for itself,its heirs,executors,
assigns, and all persons claiming under or through them,that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nan I iabi lity of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award,terms or implementation of this Agreement, including any method of coercion,confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant,in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
DocuSigned by:
Villa, City Manager Sudhir Damle, President
Attest:
DocuSigned by:
�S�s bo, A,D�anwaring, ity Clerk Melanie Estes, S=z4v-s V,&L AM-ie d"
Approved as to Form:
DocuSigned by:
,Ts A&lching, &ity Attorney [Corporation must have two signatures]
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide comprehensive Construction Management Services for the CIP
16-07 Citywide Traffic Signal Communications (West) in the amount not to exceed ONE
HUNDRED THOUSAND ONE HUNDRED THIRTY TWO DOLLARS AND EIGHTY
TWO CENTS ($100,132.82)as further detailed in the following pages.
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ANSER
3111 Camino Del Rio N,Suite 340,San Diego,CA 92108
ADVISORY T 619,501,3494 infot_7aanseradvi<ory com
City of Menifee
RFP 2020-11 Request for Proposals for
CIP 16-07:Traffic Signal Communications(West)
FEDERAL AID PROJECT NO: HSIPL—5483 (003)
Table of Contents
LETTEROF TRANSMITTAL............................................................................................................................2
QUALIFICATIONS,RELEVANT EXPERIENCE&REFERENCES.........................................................................3
PROPOSEDTEAM.........................................................................................................................................5
RESUMES...............................................................................,...........,. .................... .1............................B
DETAILEDWORK PLAN................................................................................................................:..............10
REQUIREDFORMS................................................ .......................................,...................................14
���t r• �
e'-- .- �'• - - s i :fix,..... .3� =�•_
- Y.
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AN S E R .1111 Camino Del Rio N,Suite 340,San Diego,CA 92108
ADVISORY 1 619.501,9484 info@6nseradvisory.ceirl
Carlos Geronimo,Principal Engineer January 28,2020
City of Menifee
29844 Haun Road
Menifee,California 92586
Phone:(951)672-6777
E-mail:CGeronimo@Cityofinenifee.us
RE: City of Menifee-CIP 16-07(Cltywlde Trafflc Signal Communications-West)
Dear Mr.Geronimo,
Anser Advisory,LLC,is pleased to submit the enclosed qualifications to provide Construction Management Services
for the Citywide Traffic Signal Communications(West)Project.The Anser Team is the right team to manage this
project because our team is dedicated to project success;meaning a well-built project,on time,and within budget,
that overcomes challenges and meets all expectations of the City.
The Anser Team is highlighted by Project Manager and Resident Engineer,Lucas Rathe,PE,who has demonstrated
success on past City of Menifee projects over the past 6 years.Lucas has proven his ability to keep the public safe,
meet project deadlines,deliver top-notch quality,and ensure labor compliance.The Anser Team will provide full-
service construction management for the city and will be the point of contact for the Contractor.Anser will oversee
that all scope of services listed in Section 111.E of this RFP are met.Support services will be done by sub consultants
from Dynamic Engineering Services,INC(DESI).DESI also has a history and understanding of working in the City of
Menifee and for Caltrans local assistance projects.Contact information for the subconsultants and their roles on the
project are found in the chart below.
Dynamic Engineering Chia-Chi Wang,PE CIA Electrical • Constructability Review
Services,INC(DBE) 27935 Echo Canyon Court Inspection • Field Inspection
Corona CA 92883
1951)471-8890
Anser is in receipt of all plans and specifications for project CIP 16-07,dated 1/6/2020.
This fee proposal shall remain valid for a period of not less than 90 days from the date of submittal.
Lucas Rathe will be the contact person for the remainder of the selection process.Should you have any questions,
please do not hesitate to contact him at:3111 Camino Del Rio North,Suite 340,San Diego,CA 92108 1 O:(619)
501-9484;C:(619)755-9596 1litcas.raihe wangeryllvjxnrv•[om
As an officer of the company,I am authorized to bind Anser Consulting,LLC to the terms of the proposal.
Sincerely.
�. _.,
L
Melanie Estes,PE
Chief Delivery Officer
Attachments: Attachment A,"Cost Proposal(Exhibit 10-1-11)"(submitted under separate attachment)
Attachment B,"Conflict of Interest Disclaimer"
Attachment C.1,"Acknowledgement of Insurance Requirements"
Attachment D,"Certification of Non-Collusion"(includes subconsultant DESI)
Attachment E,"Consultant Proposal DBE Commitment(Exhibit 10-01)"
Attachment F,"Disclosure of Lobbying Activities(Exhibit 10-Q)"
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AN C E R 3111 Camino Del Rio IN,Suite 340,San Diego,CA 92108
ADVISORY T.619,501.948,1 nfo@,Anseradvisory.com
ANSER'S QUALIFICIATIONS
Anser Advisory,LLC specializes in providing professional construction management and inspection services for public works
agencies and our team brings extensive local project experience to the City of Menifee.Our team has the relevant experience
required signal and are familiar what it takes to deliver a project to the community of Menifee.Our public works and Caltrans
related experience has provided us a practical working knowledge and proficiency in Caltrans Local Agency contract language
and administering projects designed and constructed to per Caltrans LAPM and Greenbook standards and specifications.All
our proposed team members team have experience in roadway improvement projects including the applicable project
planning,phasing,safety measures,risk mitigation measures and public outreach considerations required of this project.
In addition to our previous work for the City of Menifee,Anser Advisory,Inc.has had great success working for clients such
as Riverside County Transportation Department,San Bernardino County Association of Government(SANBAG),San Diego
County Public Works Department,Fresno County,the California High Speed Rail Authority and Los Angeles Metropolitan
Transportation Authority on a variety of transportation projects.
Our firm maintains its financial strength from strict adherence to best practices and strong understanding of regulatory
compliance.Anser employs a fully integrated cost accounting system.We also adhere to numerous regulatory compliance
guidelines,including the Federal Acquisition Regulations(10CFR48 Part 31)and the Uniform Audit and Accounting Guide
developed by AASHTO.We have a strong track record for State and Federal audits,and voluntarily undergo annual CPAaudits
of our financial statements and indirect cost rate schedules. We are proactive in our compliance and policy administration
for EEO compliance and employment practices,
OUR EXPERIENCE
Anser Advisory specializes in providing professional construction management and engineering support services for public
agencies in Southern California,notably in the Inland Empire.Our Caltrans related experience has provided us a strong
working knowledge and proficiency in local agency,Caltrans,and federally funded contract language and administering
projects designed and constructed to Caltrans,FHWA, and Greenbook standards and specifications,Our personnel have
working knowledge of the Local Assistance Procedures Manual (LAPM), Caltrans Construction Manual, Traffic Manual,
MUTCD Manual,Bridge Records and Procedures Manual,2018 Standard Specifications,2018 Standard Plans,and all local
safety regulations.Our local presence provides RCTC a team dedicated to working in and improving the communities in which
we live.We have provided examples of our project experience on the following pages that exemplify the Anser Advisory
team's experience working on projects of similar scope and complexity.References for each project are also provided.
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A N S E f� 3111 Camino Del Rio N,Suite 340,San Diego,CA 92108
ADVISORY T.619.501.9484 info@.Anseradvisory.com
PAST PROJECTS AND REFERENCES
t Road InL.rc-anu '.'HIGHLIGHTS r��j2_t
CTO I Merifea,CA
Impacted one lici season
Improved staging during course of work This $42-million project was aimed to
Managed a tough contractor who was
alleviate traffic congestion on Newport
behind to meet the bridge opening I Road by providing more through lanes
milestoneover the freeway and easier freeway-e Extensive Public Relations efforts
R
On time Utility Relocation access.Specifically,this project provided
two additional lanes for a total of six �, r
INFORMATIONREFERENCE lanes of freeway overcrossing throughCOL111t�'of Riverside Transportation Department r;
lanes,created dedicated right-hand turn
CindiWachn,Pi Construction Engineering lanes in each direction for easy ramp
access,and built two new loop ramps,which eliminated all left turns for
freeway access.Anser Consulting was responsible for oversight of the entire
project from pre-bid throughout construction completion.Pre-construction
services included construction constructability reviews,utility relocation support and inspection,Caltrans and Local Permit
reviews, and support during bid process. Anser provided the Resident Engineer, Melanie Estes,and Assistant Resident
Engineer,Lucas Rather as well as field inspection during the construction of the project.
Read Interciiai;ga
Anser was selected to be the Prime Consultant on 71 HIGHLIGHTS
this project in Menifee,CA,The project consists of
14� '"' widening Scott Road from west of Haun Road to east
low of Antelope Road including replacing the existing Muiti,tage construction
overcrossing bridge, reconfiguring the on and off bridge`'
ramps and extending the ramps termini of the ramps
Jointed Plain Concrete. Anser is responsible for
coordination of the project is between the multiple
stakeholders:Caltrans,RCTD,the City of Menifee and the City of Murrieta.Anser Director
was accountable for the Quality Assurance oversight by ensuring the Contractor
follows their Quality Control Plans.Anser was also responsible for the day to day
project tasks such as quantity checks, as-builts, change orders, and RFI and
submittal reviews.The schedule was critical to the project due to heavy traffic through the project,and Anser analyzed the
CPM schedule to ensure the Contractor hit important project milestones.
On Ca!i 1.1clio _�rvicee,-CiCyofM-!11, e
HIGHLIGHTS livieni;e.-,CA
LAPNI Administered Project Anser Consulting was contracted by the City ofHi per Section 39 of Calin ans
Specifications -}
Menifee for Construction Management
ADA Compliance Services for a Federally Funded,Caltrans Local
Assistance Oversight Project responsible for
REFERENCE INFORMATION rehabilitating about 1.0 miles of an undivided
City of Menifee
LCarlas Ge'ronurno arterial road.The project generally consisted
(95
of a 0"-2" edge grind and overlay with 2"
rubberized asphalt concrete, crack filling,
striping, detection loop replacement,
installation of new bicycle loop detection,adjusting existing manholes and valves to grade and re-striping.Concrete repair
work will included ADA ramp replacements,curb repairs,and crass gutter replacements.The project was administered under
the Caltrans Local Assistance Procedures Manual and materials testing for HMA/RHMA was done in accordance with the
standard QA process of the Caltrans Standard Specifications,Section 39.Anser was also responsible for ensuring proper traffic
control was maintained during the course of the project,preparing monthly estimates and verifying ADA compliance.
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A , 1 C E Q 31ll Camino Del Rio N,Suite 340,San Diego,CA 92108
ADVISORY T.619.501.9484 info@.Anseradvisory.com
KEY PERSONNEL
Anser'proposed staff have extensive experience working within the City of Menifee over the last 6 years.This proposed core
team of Lucas and Maribel are currently working for the City on the Citywide Communication Project(East).In addition Lucas
has successfully delivered as Resident Engineer to the City on the I-215/Newport Road Interchange project,I-215/Scott Road
and Newport Rehabilitation Project which are all Caltrans Local Assistance Projects.The rest of our team is readily available
to provide Construction Management and Inspection services for the City of Menifee.Although always available,and given
the schedule in the RFP,we anticipate that the Resident Engineer position will have an average utilized rate of 10%throughout
the span of our services,with the bulk of time being spent during the construction phase.We anticipate that Maribel,as
project engineer,will support Lucas in dual role as office engineering and field inspection.DESI field inspectors will be on site
only as needed when the contractor requires specialty inspection.This model is the best value for the city to manage the
work effectively and efficiently.As shown in the organization chart below,both Lucas and Maribel are designated as"key
staff'shall not be removed or replaced without the prior written concurrence of the City of Menifee.Resumes for each of
the team members are found on the following pages.
Lucas Rathe,P.E.,CCM,QSD,Project Manager,will lead the Anser Advisory team and will lead point of contact for all issues
related to construction and field operations during both the construction and post-construction phases.Mr.Rathe is currently
the Resident Engineer on the 1-21S/Newport and 1-215/Scott Road Widening Interchange project.He is uniquely familiar with
the needs of the City of Menifee in addition to the Greenbook Standards, Caltrans Standard Specifications, and Local
Assistance Procedures Manual(LAPM).
Maribel Munoz,E.I.T.,Office Engineer,will be responsible for all day to day coordination,estimates, weekly reporting,
scheduling,project record keeping,tracking labor,reporting on work complete,and ensuring traffic control and public safety.
Ms.Munoz is currently the OE for RCTC Mid County Parkway Mitigation,and Menifee Traffic Signal Communication(East)
project.In addition to this experience,she has six years in document control,bid reading and field experience on multiple
projects throughout Nevada and California.
Steven Carbajal of DESI,qq inspector,will provide electrical QA inspection of all installed components.John will report to
site weekly to inspect and witness all completed for final acceptance to the City.John will also work with the City's designer
to ensure timing plans and control strategies are implemented per the plan.John will also perform a constructability review
as part of his scope.
IL Carlo7ero mo, PE
�1 'Key Staff
Anser Advisory
PFOjeCt Manager
Lucas Rathe,PE,CCM,C$0
Anser Advisory
Office Engineer
•Maribel Murxu,EITWSteven
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����������� ANSERN
ADVISORY
LUCAS RATHE, PE, CCM, QSD
i_r N'-,',IPILJ(. I10N T:IA NAG lrlf
►ft 0114 Mr, Rathe is a construction management professional whose experience focuses on the
construction of heavy civil and mechanical projects.Mr.Rathe provides high quality construction
management practices to both public and private clients in the areas of transportation,utility
coordination,water and wastewater,and power;and has worked on nearly every aspect of the
r construction sequence: design reviews, project safety plans, contract management, change
resolution, field inspection (structural,mechanical and electrical), QA/QC,commissioning and
closeout.Mr.Rathe is a California Civil Professional Engineer and Qualified SWPPP Developer.His
experience in construction and commissioning along with his design background allows him to
solve project challenges efficiently with solutions beneficial to the overall Project.Additionally,
Mr.Rathe is versed in the Caltrans methodology of managing projects and is familiar with the
Education Caltrans standards and references available to manage a project from pre-construction to
Bachelor of Science,Civil closeout.As a former engineer working for a large Civil Contractor, Lucas is familiar with the
Engineering,university of means and methods available to construct work and is able to communicate and solve issues with
Fittsburgh,2007 the contractor that has a positive effect to the project's safety, quality and schedule, Lucas's
Bachelor of Arts,Mathematics, experience in design, construction management, and commissioning allow him unique insight
Seton Hill University,2007 into each project. Lucas believes that managing a successful project starts with a solid
licenses/Certifications constructability review followed by solid execution in the field by the entire team.Lucas ensures
CA Professional Engineer ND.76273 his team is prepared with the tools to enforce the contract and keep public safety as priority
number one.
Qualified SwRPP Developer No,
21590
certified Construction Manager No. Riverside County Transportation Department(RCTD),Scott Road Interchange Project,Menifee,
4284 CA
Experience Construction Cost:$57.8M I Project Timeline:11/2017-Current
Years'Experience:13 Mr.Rathe is the utility coordinator and deputy resident engineer for the reconstruction of the
Years with Ansar 6 existing Scott Road diamond interchange into a partial cloverleaf interchange configuration.Mr.
Rathe is responsible for overseeing critical relocations by Southern California Edison,EMWD and
Work History Frontier so that the contractor can complete their staged work without delay to the project
Anser Advisory,LLC(formerly OHS schedule. He uses his past relationships with the project planners and field supervisors to
Consulting,LLC),Construction coordinate the relocation work timely. Mr. Rathe communicates his experiences with the
Manager,2014.to Current contractorto engage them in the work and to work together to avoid delays to the project.
RCTD,various,21314 to Current
San Diego Trolley,Inc.,Resident Riverside County Transportation Department (RCTD), Newport Road Interchange Project,
Engineer,2017 to 2018 Men-rfee,CA
SANDAG,Resident Engineer,eon Construction Cost:$421M ) Project Timeline:07/2014-06/2017
to 2018 Reconstruction of the existing Newport Road diamond interchange into a partial cloverleaf
interchange configuration. The design of the interchange includes bridge reconstruction and
widening,concrete pavement,retaining walls and over 130,000 CY of import material. Mr.Rathe
was the deputy resident engineer for the reconstruction of the existing Newport Road diamond
interchange into a partial cloverleaf interchange configuration.He was the projects utility contact
and successfully oversaw the relocation of 9 separate utility facilities without any impact to the
project's schedule.Mr.Rathe was responsible for leading a team of inspectors to ensure the Public
Safety,oA/QC,Environmental Compliance and all other facets of the Project Specifications are met
by the Contractor. To facilitate the construction of this Caltrans Local Assistance Project, the
contractor had to build the work within eight individual traffic stages.Mr.Rathe's primary role to
the project was constant coordination and communication during the stages of the work to the
contractor,stakeholders and the public in order for the project to be built safely and minimize
impacts to the community.
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• 'S•ER
ANSERN
ADVISORY
San Diego Trolley Inc.(MTS),Green Line Station Rehabilitation Project,San Diego,CA
Construction Cost:$2M I Project Timeline:11/2017—09/2018
As resident engineer,Mr.Rathe managed the Contract and supervised inspection of the installation
of 8 bus shelters and 23 trolley shelters of 5 stations along the Green Line.He administered the Job
Order Contract (JOC) in accordance to the SANDAG/MTS construction manual. He reviewed
submittals, approved progress payment, negotiated CCOs and managed a team of inspectors
during the construction.Elements included,CIDH Piles,structural steel shop inspections,erection
of steel, roofing and finishes, electrical LED lighting, coordination with MTS facilities, Rail Road
flagging and public safety.
SANDAG,Broadway Wye and Orange Line Maintenance Project,San Diego,CA
Construction Cost:$3.9M I Project Timeline:04/2017-Current
The work consists,in general,of,upgrading portions of the Overhead Catenary System(OCS)on the
San Diego Trolley,Inc.Light Rail Transit(LRT)system.The OCS work is located along the Orange
and Green Lines from 12th&Imperial to Santee and from the Broadway Wye to Mission San Diego.
The work shall consist,in general,of the following: OCS Work:Replacing aging fiberglass strain
insulators with porcelain Johnny Ball insulators,resetting balance weight heights per the setting
chart,adding catch cables to balance weight assemblies,section insulator assemblies,fixed anchor
assemblies, mid-point anchor assemblies, and in-span assemblies. The work also consists of
checking the condition of existing balance weight pulleys,regreasing the bearings where possible,
and replacing worn pulleys.As resident engineer,Mr.Rathe administered the contract under the
SANDAG Construction Manual and oversaw contract schedule and budget,monthly quantities,ran
weekly project meetings, reviewed submittals and RFIs, coordinated work between MTS and
SANDAG,performed constructability reviews,and managed a group of inspectors and office staff to
administer the project.
City of Menifee,Newport Road Rehabilitation Project,Menifee,CA
Construction Cost:$957K j Project Timeline:11/2016—03/2017
DHS Consulting was contracted by the City of Menifee for Construction Management Services for a
Federally Funded,Caltrans Local Assistance Oversight Project responsible for rehabilitating about
1.0 miles of an undivided arterial road.The project generally consisted of a 0"-2"edge grind and
overlay with 2" rubberized asphalt concrete, crack filling, striping,detection loop replacement,
installation of new bicycle loop detection,adjusting existing manholes and valves to grade and re-
striping.Concrete repair work will include ADA ramp replacements,curb repairs,and cross gutter
replacements. As deputy resident engineer, Mr. Rathe administered the contract under the
Caltrans Local Assistance Procedures Manual. Materials testing for HMA/RHMA was done in
accordance with the standard CIA process of the Caltrans Standard Specifications,section 39.DHS
was also responsible for ensuring proper traffic control was maintained during the project,
preparing monthly pay estimates, writing CCOs, CPM Scheduling Reviews, verifying ADA
compliance.
County Wide Asphalt Concrete Overlay Project,County of San Diego,San Diego,CA
Construction Cost:$7.SM j Project Timeline:12/2016-01/2017
As resident engineer, Mr. Rathe was responsible for the contract management and inspection
oversight of this County of San Diego asphalt concrete resurfacing project.The work took place at
varying locations in the County of San Diego. Items of work for the project include:cold in place
recycling, digouts, tire rubber modified asphalt concrete, asphaltic emulsion fog sealing, adjust
manhole and survey monument covers,rumble strip,paint traffic striping,thermoplastic pavement
markings and concrete work.This project qualified for the CALRECYCLE grant funding program
which required Mr. Rathe to ensure that the Contractor provided all supporting documentation
and conformed to all the requirements of the program.
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ANSER .
ADVISORY
MARIBEL MUNOZ BLANCO, EIT
llf{WEt.'S ENi3jNtEk
Ms_ Munoz is a civil engineer with four years of municipal and two years industrial work
experience.She possesses skills in bid reading,collection of specs documentation,scope letters,
take-off estimates,obtaining city authorizations,document control,order entry and management.
She has provided onsite service management for reconstruction projects in Bell Gardens,Anaheim,
Oceanside, and Bellflower, Additionally, she has managed municipal pump system projects in
Southern California,Arizona,and Nevada.Project orders have ranged from$5,000-$3,500,000 with
varied bill of material and service schedule time frames.Ms.Blanco has hands on experience in
roofing, demolishing, soil excavation, landscape maintenance, and plumbing in single family
homes.She has knowledge in AutoCAD,Microstation,Revit,RISA,ZAP,surveying,and estimating.
Education ->fLi:,-- F'HUt(( i i Xli RO:14:1
City of Menifee Citywide Communication(East),Menifee CA
Bachelor of Science,Civil Office Engineer j November 2019--Current
Engineering,California State Ms.Munoz is responsible for the day to day operations of this communication project for the City
Polytechnic University of
Pomona,CA,2014 of Menifee. The scope of the project is to install radar communication devices at major
intersections around the city to create a TMC center at City Hall.As office engineer, Maribel
Associates ofmr s,Liberal s, coordinate communication with the Contractor, creates WSWD reports, reviews submittals,
Santa Ana Community College,CA, coordination CPM schedule and ensures Labor Compliance.
Licenses/Certifications RCTC Mid County Parkway Mitigation Site,Perris CA
Engineer-in=rraining No,155406, Office Engineer I August 2019-January 2019
This project was to create a 36 acre mitigation site to offset impacts for RCiC's future Mid County
Organizations/Affiliations Parkway Project.The scope of the project included excavation of 200,000CY of dirt to create a new
N/A wetlands basin.The dirt was stockpiled on site for a future RCTC project.Other project elements
included Hydroseeding, Fencing,SWPPP Risk Level 2 compliance,tribal monitoring with 5 local
Experience tribes,and working with multiple jurisdictional permits(ACOE,RWQCB,Fish and Wildlife,Riverside
Years'Experience:G County Flood Control). Maribel was responsible for the day to day operations of the site and
Years with Anser,<1 handled all correspondence,schedule reviews,WSWD,pay estimates and change orders.
Work history Cortech Engineering,DXP,Yorba Linda,CA
Anser Aclvi5ory,LL C(formerly OHS Project Coordinator I April 2016-August 2017
Consulting,LLQ,Project Engineer. Coordinator projects from bid stage,submittal,fabrication,startup and training service,and close-
2019 to Current out documents.Communicate on large package orders between suppliers,vendors,contractors,
Western Pacific Storage,engineer internal and municipal staff. Work consists of coordinating water, chemical systems, and
Estimamr,2017 to 2019 wastewater treatment equipment and legal documents.Help prepare project proposal,timeframe,
Cortech Engineering,DXP,Project budget,and handle issues that arise.Collect and analyze quotation data,negotiate pricing,delivery
Coordinator,201G io2017 and payment terms.
iNemecheck,Inc„Project Engineer,
2013 to 2015 Nemecheck Inc.,Foothill!Ranch,CA
Project Engineer j April 2013-December 2015
Civil project engineer serve as intermediary between cities,subcontractors,and our company.Work
exclusively with work progress,utility project,review plans,collected documents,and determine
cost-estimates relating drainage, sewage pipes, and grading. Work consisted of scheduling
demolition,landscaping,and reconstruction of sidewalks and drainages with 3 separate work crew
teams per project Document and kept track of service reports for office use as well as update
spreadsheet to determine how much work was completed per day.
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DES
STEVE CARBAJAL EDUCATION --
Fullerton College,General
CONSTRUCTION INSEPCTOR, ELECTRICAL Education,CA
REGISTRATION
Mr.Carbajal has over 26 years of experience in infrastructure construction experiences General Electrician,CA ^
on freeway and public works construction projects.Mr.Carbajal has been involved in all #106510
phases of construction engineering including construction management,contract
administration,field engineering,schedule and submittal review,quality assurance CERTIFICATIONS ^
inspection,and contract change order cost analysis.He specializes inspection and OSHA 10-Hour outreach
maintenance of traffic signal related equipment,signal timing,traffic coordination,traffic Training Program-Construction
control,traffic control,signing and striping roadway inspection,highway/street lighting
systems and traffic monitoring systems.Mr.Carbajal has extensive background in utilities work including high voltage work
on the High Desert Power Plant and Mountain View Power Plant projects for SCE.He has also performed constructability
review and design assistance. Mr.Carbajal is very familiar with FHWA Requirements,Caltrans Standard Plan,Specifications
and the Standard Specifications for Public Work Construction"GREEN BOOK.
WORK EXPERIENCE
1)Project Name and Location:1-15 Limonite Avenue Interchange Improvement Project,Eastville,CA
Project Role:Electrical Inspector
Length of Time on Project 08/2018-03/2020
Dales and Description:The Limonite Avenue is an east-west arterial roadway between Hamner Avenue and Wineville
Avenue.The proposed improvements consist of a new 8-lane overcrossing,3 through lanes in each direction plus 2 turn
lanes,widening of the off-ramps from 2 to 4 lanes,the addition of 2 new loop on-ramps,and the widening of Limonite
Avenue to 4 lanes in each direction between Hamner Avenue and Wineville Avenue. Mr.Carbajal is responsible for
Construction Contract Administration,Safety Review,Quality Assurance Inspection on Electrical related items include Traffic
Signal,Bridge and highway Lighting,Ramp Metering and Fiber Optic Communication Systems,SWPPP Review and
Inspection,Utility Relocation and Coordination,Prevailing Wage Monitoring,Project Schedule Review and Analysis,Contract
Change Order Evaluation and Cost Negotiation and Potential Claim Evaluation and coordination with stakeholders.
2)Project Name and Location:1-210 Pepper Avenue Interchange Improvement Project,Rialto,CA
Project Role:Electrical Inspector
Length of Time on Project 08/2017-07/2018
Duties and Description:The Interchange will provide a connection between the recently extended Pepper Avenue and SR-
210,offering a new option for commuting and moving goods through the region.Ramps will be built in a tight diamond
shape with two lanes per ramp.The Eastbound and westbound on-ramps will include carpool lanes and ramp meters. Mr.
Carbajal is responsible for Construction Contract Administration,Safety Review,Quality Assurance Inspection on Electrical
related items include Traffic Signal,Bridge and highway Lighting,Ramp Metering and Fiber Optic Communication Systems,
SWPPP Review and Inspection,Utility Relocation and Coordination,Prevailing Wage Monitoring,Project Schedule Review
and Analysis,Contract Change Order Evaluation and Cost Negotiation and Potential Claim Evaluation and coordination with
stakeholders.
3)Project Name and Location:SR-91 Corridor Improvement Project,Corona,CA
Project Role:Electrical Inspector
Length of Time on Project:09/2016-07/2017
Duties and Description:The 91 Project is adding regular and express lanes to EB and WB 91,widening the interstate from 5
to 8lanes in each direction and extending the existing express lanes 8 miles east to 1-15.Mr.Carbajal's responsibilities
including,but not limited to:inspection of electronic toll equipment;traffic management systems(fiber communications);
highway lighting,traffic signal,and ramp meter systems;and City of Corona traffic signals,street lighting,and fiber
communications systems.This work requires extensive knowledge in Caltrans Standard Specifications(Section 86)as well
as the Standard Specifications for Public Works Construction(Green Book).
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C E 3111 Camino Del Rio 1N,Suite 340,San Diego,CA 92209
ADVISORY T.619,501.9484 I nfo@.4nseradvisory.com
4. DETAILED WORK PLAN
This project wil I install new interconnection system which will improve the traffic signal timing coordination.The project goal
is to provide simpler traffic flow and reduce congestion throughout the city.The project will install cabinets,controllers,
ethernet switches, radios, video detection, cameras and power system.Our goal will be to work with the Contractor,
Community,and City to ensure the construction phase has little impact to
residents and commuting traffic.The Anser team will achieve this by working
with the contractor to review the required work plans and schedules prior to '
implementation.We will not authorize work that is unplanned and could
cause a safety risk to the public.Once a plan is established and understood by
the project team,Anser will work with Menifee public relations to notify the
public of any work that might cause a delay to their commute or any other
traffic safety concerns.Anser is currently managing Citywide Traffic Signal
Communication(East)and this will allow us to foresee issues and proactively
plan for them before they arise.Our goal is to manage the project on time,
within budget,and to reduce the impactto the community.Reaching that goal
will be achieved by implementing the following items:
The first order of work for the contractor would be to install wire.As the wire is been installed contractor can program the
field fiber switch and installing it alongwith the radios which will 37 workingdays.After radios have been installed it will take
about 17 workingdays to install cabinet&controllers.The final 9 days contactor will install Adapter,ethernet extender,video
detection,PTZ Camera,and power supply.All equipment will be field inspected to meet the Greenbook requirements and
Spec section 700.A potential schedule of the 70 working day project is shown below.
Figure 1:Potential CPM Schedule
We do not immediately see any design issues with the plans;however,much of our focus with the project is the impact to
the community and to identify areas of risk for the City.A summary of potential issues with the proposed Anser Solution is
detailed as follows:
Traffic Control
Solution: Anser will also work to minimize traffic detours and frustration by requesting a
traffic control plan.Anser will request language be integrated into the specifications
for the contractor to submit a plan prior to construction.The plans will include
signage and cones to temporary detour traffic around traffic trucks that are been
used at construction.
Project Coordination
SOILIdOn: Anser will coordinate with ongoing project to prevent delays which include 1-215/Scott Road and
Citywide Traffic Signal Communication (East) which we are currently managing. Anser will also
coordinate with business owners to make them aware of when work is expected to be performed
near their business.
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■ ■ N C E R 3111 Camino Del Rio N,Suite 340,San Diego,CA 92108
ADVISORY T.619,501.9494 info ZAn sera dvisory,com
Lsur: Material Lead Time
Solution: Anser anticipates long lead time on equipment which may delay installation. Anser will push
Contractor submittals early on and provide quick turnaround to get a head of the long lead time.
This will ensure that the project moves forward without interruptions.
Anser understands and has experience in managing projects in accordance with Caltrans LAPM,roadway inspection,quality
control,schedule management and labor compliance.The project work plan is divided into three (3)distinct phases;Pre-
Construction, Construction Management and Inspection, and Post Construction. The following section describes our
approach to achieving success at each phase of the project.The Anser Team's Approach to the Scope will include each
element detailed in the"scope of services"outlined in the RFP.
RE'QPJS R',C?I ,`F Vl',FA.
Upon our NTP,the Anser Team will begin to setup the project files.We have extensive working knowledge with the Caltrans
construction filing system,which meets the requirements of the LAPM.We will utilize the forms and processes used by
Caltrans LAPM for monthly progress payments which will be reviewed with the City of Menifee prior to submission for
payment.We will create submittal and RFI tracking sheets,material testing log sheets,and other tools that are consistent
with Caltrans Construction Manual.Lucas will utilize a cloud based"Dropbox"providing a mechanism for sharing files quickly
and efficiently for those on the project.
Our team is well versed in providing constructability review comments from the perspective of a contractor.We look for
loopholes and weak points in the contract language and correct them to make it easy for the contractor to interoperate at
bid time.Upon review of the 60 or 90 percent plans,we are prepared to expand our review and sit with the designer and
present our comments with the goals of(1)making it easier and possibly less expensive for the contractor to bid and execute
the work,and(2)reduce the possibility of costly contractchange orders during construction.
C,O"IS :UCP11N"v!AN,G',_ �p,liG,n;D'!h',SF'i-CT10N.`,ERVI1,FS
The services required duringthe construction period by Anser period is detailed in the"Scope of Services"section of the RFP.
Lucas and the Anser Team are very familiar with these practices and are fully prepared to perform the scope elements and
meetthe project requirements in the areas of contract administration,project documentation,project schedule control,and
quality assurance inspection.The following paragraphs describe our approach to the successful management of this project.
Traffic Control/Public Safety/Public Outreach—Lucas has local knowledge of the City of Menifee's roadways and understands
the habits of the motor and pedestrian traffic that use the road on a daily basis.Prior to the construction,the team will review
the contractor's traffic control plan(TCP)to the requirements of the CAMUTCD.Only a traffic control plan that is detailed,
clear,and considers cars,cyclists,and pedestrians will be accepted.Daily inspection to the TCP will be first order of work for
the Anser inspector,who will not allow the contractor to begin work without first successfully completing the installation of
the traffic control devices per the plan.Lucas will work with the Clty's PIO and other agencies(such as MTA)to coordinate
project activities that could impact the community,public transportation,and businesses.
Contractor Construction Schedule Analysis-To bring a project in on-schedule,constant review and understanding of the
Contractor's schedule and progress is mandatory.We strongly believe that substantial efforts put into the review of the
baseline will ensure a feasible baseline wherein all areas of probable risk have been reviewed and options developed for all
contingencies identified.Our Team will review and approve the baseline schedule per the project plans.This schedule will be
a tool in managing the construction and to mitigate delays.Time is of the essence as it translates directly to the project costs.
Once a baseline has been established,we must ensure that each update accurately reflects the completed work and any
changes to the baseline are securitized and documented to reduce the risk of claims by the contractor in a Time Impact
Analysis.Lucas's ability to read and interpret the project schedule allows him to identify and mitigate any delays to the Project
before they arise
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AN S E R 3111 Camino Del Rio N,Suite340,San Diego,CA92108
ADVISORY T.619,501.9494 info@Anseradviscry,com
Contract Administration-Administrating the contract includes managing and meeting all contractual commitments while
allowing the contractor to focus on completing the project without unnecessary delay or cost This federally funded project
will require strict adherence to the Caltrans LAPM.All materials and work performed will be documented through daily
diaries, logs, reports, certificates and all required forms to ensure all cooperative agreement, permit and funding
requirements are met.
Cost Control-Managing contract cost is critical to assure that every item of work that is actually installed is paid for once,
and only once.The Anser Team utilizes the methodology of the Caltrans Construction Manual for calculating and tracking
payment on a monthly basis.Quantity sheets are created by the field inspector on a weekly basis that document the actual
field measured quantity of work that is installed and referenced in daily diaries.The Q-sheet includes prior work completed,
work completed during the current month and the total to date.Also documented are stationing or location of the work,
quantity dimensions,(length,width,etc.),and reference to verification of material acceptance for any materials included in
the payment.These calculations are double checked and referenced to the prior months'sheet to confirm that payment is
not duplicated or skipped. All monthly quantities are entered into a progress payment spreadsheet and rechecked for
accuracy before submission for payment.Lucas has used this process successfully passing FHWA audits,tracking work from
the daily diary through the payment process.Change Orders are requested by either the contractor or the owner.Either way,
if it is determined to be a legitimate change,the next step involves determining the most efficient and economical means of
performing the added work.Once the scope of work for a change is clearly defined, Lucas will prepare an independent
estimate of the cost of the proposed work for review. If agreement of cost and method of payment is reached with the
contractor,a change order will be prepared for review and approval. If the agreement cannot be reached,the work will
proceed based on the contract specifications for force account. Regardless of the method of payment,the actual work
performed is tracked separately on daily reports toconfirm compliance to the language ofthe CCO.With final documentation
and acceptance,payment can be made on the next progress period.Each CCO will have its own file category and payment
will be measured each month until the entire CCO is completed and paid in full.
Project Documentation-Project documentation includes far more than simply saving every piece of paper from a project.
Without adequate,concise,and searchable documentation,potential project research will be nearly impossible.Anser will
provide project documentation that meets or exceeds the searchable standards of the Caltrans Construction Manuals and
the Local Assistance Procedures Manuals.Our documentation begins with a site photo/video survey.We will capture the
existing conditions with a special emphasis on features and facilities that will need to be removed and reinstalled.
Documentation of project communication is critical to avoiding any misunderstandings during the project duration.Verbal
discussions in the field,phone conversations,e-mail messages,mini-memos,formal letters,and meeting notes are all forms
of communication that comprise the body of understanding that develops over the course of the project.In order to manage
the flow of information and keep the focus on the important issues,Lucas will institute weekly contractor progress meetings.
All stakeholders will be invited to attend.Minutes of issues,discussions,statements,and commitments will be recorded and
distributed within 24 hours of every meeting.
Labor Compliance-The Anser Team verifies the contractor's labor compliance during the project. Maribel will lead these
efforts include checking the contractor's certified payroll for compliance with Davis-Bacon or California prevailing wage and
overtime requirements. Field inspectors perform employee interviews of the tradesman to ensure that the actual wages
meet the stated wages on the certified payroll.The labor compliance officer will notify the contractor of any discrepancies or
issues,and follow through until resolution,including withholding portions of the progress payment if necessary.
r 1I.;:. ir,,,1,iy1;IN_4s� . .*,"!.fi•1,r1.•.
Our work plan is to eliminate surprises to Menifee by being proactive in working with the contractor to identify and resolve
deficiencies or problems as quickly as possible at the lowest level.Our inspectors,led by Steven Carbajal,utilize the schedule
to properly advance the construction effort by looking ahead,and by assisting the contractor in resolving issues before they
become problems.All work will be inspected for conformance with contract plans,specifications,and current specified and
standards.Inspection documentation,processes,materials testing,and quality assurance will be in conformance with the
Caltrans LAPM by utilizing daily diaries.These diaries will detail all labor,equipment,and materials used during the workday
and also document any pertinent field conditions or conversations useful for the project.
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AN C E R 3111(famino Del Rio N,Suite 340,San Diego,CA 92109
ADVISORY T.619.501.9484 I info@Anseradvisory.com
Comprehensive and accurate daily records of field activities become the go-to document when a dispute comes to light.Early
recognition ofan issue allows added opportunities for resolution.If extra work is required,accurate documentation is critical
to determine the actual costs incurred and come to an accurate evaluation of cost.When disputed work is not resolved by
change order,it must continue under a potential claim.In this case,the Anser Team will create a file number to track the
Contractor's effort with added scrutiny.Accurate documentation of manpower,equipment,and materials will allow us to
disallow or minimize the cost of disputed extra work.
Our inspectors will be diligent to ensure public safety is paramount by ensuring the contractor has adequate traffic control in
accordance with the MUTCD,pedestrian detours are in place and their crews are performing work in accordance with OSHA
requirements.
The field inspection team will verify that all materials comply with the quality requirements of the specifications and any
supporting documentation such as material test reports,Certificates of Compliance or factory test reports are satisfactory
before authorizing payment.All installed items will be quantified and measured and documented on Quantity sheets for
justification for payment at each monthly pay estimate.
PCLt C UN�i RUC�I�)N SEi!�/,C:ES
Upon project completion,Lucas will provide written notice that the project is ready for final inspection,Final inspection will
be scheduled with the City of Menifee.A final punch-list will be generated at this inspection and delivered to the contractor.
The Anser Team will confirm completion of all punch-list items and receive all guarantees,releases,manuals,and record
drawing information for transmittal to the City's Project Manager with a recommendation for project acceptance.As-Built
drawings will be transmitted to the designer to be updated into the electronic plan set and transmitted to the City for
archiving.In the case of outstanding contractor claims,we will assist the City in reaching a prompt resolution.If the settlement
is extended,we can close the project to support a final invoice for funding and continue our support toward a fair and
equitable settlement.Project files will be transmitted to the county along with a final project report.The final report will
contain all information needed to complete any documentation required for funding reimbursement,such as Chapter 17 of
the Local Assistance Procedures Manual.Project files will be neatly arranged and boxed for storage.
AN`ER s APPRGA:--i Il'1AANA6'Ili:;4E;,lU,C
Anser recognizes the City's need to effectively execute and manage contracts with the goal of staying under budget,Anser'
staffing plan is to have one full-time office engineer and a part time Resident Engineer and field inspection.The role of the
resident engineer will be to oversee operations, communicate to the city of potential impacts and issues, and ensure
compliance with the Caltrans LAPM.The office engineer will manage the Projects day to day field operations and work with
the City's IQA testing firms and signal operations for project coordination.The Anser team will monitor the staffing budget
bi-weekly and will immediately report to the City in the event the contractors schedule requires additional budget not
anticipated.
The Anser team will use the contractors schedule to identify operations which would require the City's IQA firm for material
inspection.Once identified,a Material Test Request form will be sent to the IQA 48 hours prior to the operation which will
outline the testing needed and a location and time of the test. In the event the Contractor's schedule changes,Anser will be
diligent to notify the IQA to avoid any additional costs.A log will be kept with a summary of test results to ensure quality
compliance with the specifications.Cost Proposal&Acceptance of Proposed Contract/Agreement
Anser takes no exceptions to any of the"technical"or"contractual"requirements as described in this RFP.
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MENIFEE
New.Better.Best.
ATTACHMENT B: CONFLICT OF INTEREST DISCLAIMER
( ON1,'1,1("I'01�1N'1'ERL5'1'D[S("LAIMER
The undersigned, Melanie Estes declares that
(Print or Type Name)
Anser Advisory, LLC ••• ,-/does not have
(cross one out)(Name of Firm)
interest, ownership or receives or anticipates receiving remuneration of any type from the
manufacturer(s).supplier(s),or distributor(s)which may be recommended on the project,as listed
below.
Finn Product Remuneration
Signature of'President,
Secretary,Partner,Owner or
Representative
January 27,2020
Date
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.�. MEFliFEE
New.Better.Best.
ATTACHMENT C.1: ACKNOWLEDGMENT OF INSURANCE
REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE
COVERAGES SPECIFIED
I, Melanie Estes _ (Print Name), the
Chief Delivery Officer _ (President; Secretary; Owner or Representative)
of the _ Anser Advisory, LLC (Company
Name or Corporation, or Owner), certify that the Insurance Requirements set forth in
Attachment B and the Proposed Agreement have been read and understood that our insurance
company(ies) Ames&Gough (Nome(s) of insurance
company(ies)) (is/are)able to provide the coverages specified.
Signature of President,Secrretary, Partner,Owner or Representative
January 27,2020
Date
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/. MENIFEE
New.Better,Best.
ATTACHMENT D: CERTIFICATION OF NON-COLLUSION
Made to: City of Menifee
(a) By submitting this proposal, each proposer and each person signing on behalf of any firm
certifies, and in the case of a joint proposal, each party therefore certifies as to its own
organization, under penalty of perjury,that to the best of their knowledge and belief:
(1) The fees and terms in this proposal have been arrived at independently without
collusion, consultation, communication or agreement for the purpose of
restricting competition, as to any matter relating to such fees and terms with
any other proposer or with any other competitor; and
(2) Unless otherwise required by law, the fees and terms which have been quoted in
this proposal have not been knowingly disclosed by the proposer prior to the
opening,directly or indirectly,to any other proposer or to any competitor; and
(3) No attempt has been made by the proposer or will be made to induce any other
persons, partnership or corporation to submit or not submit a proposal for the
purpose of restricting competition.
Melanie Estes. Chief Delivery Officer -
Printed Name and Title Signature
Anser Advisory, LLC (714)276-1135
Name of Firm/Company/Corporation Telephone Number
1820 E. 1st Street,Suite 410 Santa Ana, CA 92705 _
Street Address City, State, Zip
Melanie.Estes@AnserAdvisory.com January 24,2020
Email Address Date
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/.. MENIFEE
New.Better.Best.
ATTACHMENT D: CERTIFICATION OF NON-COLLUSION
Made to: City of Menifee
(a) By submitting this proposal, each proposer and each person signing on behalf of any firm
certifies, and in the case of a joint proposal, each party therefore certifies as to its own
organization, under penalty of perjury, that to the best of their knowledge and belief:
(1) The fees and terms in this proposal have been arrived at independently without
collusion, consultation, communication or agreement for the purpose of
restricting competition, as to any matter relating to such fees and terms with
any other proposer or with any other competitor; and
(2) Unless otherwise required by law,the fees and terms which have been quoted in
this proposal have not been knowingly disclosed by the proposer prior to the
opening, directly or indirectly, to any other proposer or to any competitor;and
(3) No attempt has been made by the proposer or will be made to induce any other
persons, partnership or corporation to submit or not submit a proposal for the
purpose of restricting competition.
Chia-Chi Wang,Principal �G�
Printed Name and Title Sig re
Dynamic Engineering Services,Inc. 951-471-8890
Name of Firm/Company/Corporation Telephone Number
11762 De Palma Road,Suite 1C88 Corona,CA 92883
Street Address City, State, Zip
ccwang@dynamicesi.com January 22,2020
Email Address f Date
0
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Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
9%
1.Local Agency: CITY OF MENIFEE 2.Contract DBE Goal:
3.Project Description: install WFQIVSa interconnects stem including radios,controllers and related communication equipment
4.Project Location: Signalized intersections on the follovring corridors:McCall Blvd,Murrieta Rd,Newport Rd,Goetz Rd
5.Consultant's Name: An8erAdvisory,LLC 6 Prime Certified DBE: O
7.Description of Work,Service,or Materials 8.DBE
Supplied Certification 9-DBE Contact Information 10.DBE%
Number
Electrical Inspection 39638 Chia chi wane 9.0%D
_Dynamic Engineering Service Inc
11762 De Palma Road,Suite 1C88
Corona CA 92883
Local Agency to Complete this Section
17.Local Agency Contract Number: CIP 16-07
HSIPL 11,TOTAL CLAIMED DBE PARTICIPATION 9,0
18.Federal-Aid Project Number: 5483(003�
19.Proposed Contract Execution Date: March 18,2020
20.Consultarffs Ranking after Evaluation:
IMPORTANT:Identify all DBE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and information on regardless of tier.Wrlten confirmation of each listed DBE Is
this form is complete and accurate- required
L 112412020
21-Local Agency Representative's Signature 22.Date 12.Preparoes Signature 13 Date
Lucas Raft 619-755-9598
23-Local Agency Represenlative's Name 24 Phone 14 Preparer's Name 15 Phone
VP Transportat on
25,Local Agency Representative's Title 16.Preparer's Title
DISTRIBUTION:Original-Included with conaultil proposal to local agency.
ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats For information call(916)654-6410 or Too(916)654-
3880 or write Records and Fonns Management,1120 N Street.MS-891 Saaamento,CA 9M14
LPP 18-01 Page 1 of 2
January 2019
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure or Lobbying Activities
EXIIIBIT I0-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLB1l," TIIISFORM 10DISCLOSF;1.01113YIN(iACT'IVI'1'1I',SPIIRSUANI'TO31 U.S.C'.1352
Type of Federal Action: 2. Status of Federal Actions 3. Report Type:
❑ contract ❑ a. bidlofl'cr%opplication ❑ o. initial
b. -wilt b, initial award b. material change
C.. c tlxralivc agreement C. post-award
d. lou For Material f'ha -c only:
c. loan hnrmtcc +ear ttutter
11 loan in. mr dale ofla report
4. Name an Addrelw of Reporting Entity 5. If Reporting Entity in No.41 ubnnardee,
Enler Name and Address o rhar:
❑Prime ❑Subawarrlec
"Pier if known
Congressional Oust 'rt.it known N OT:ongressional Dtst c6 il'knou n
6. Federal Dcportnrcnfl, r ����� rrt v elt]esrripdvn:
c I icable.
8. Federal Action Number,ifk eta: A N S` t1 aunt.if known:
10. Name anti Address of Lobby Ent v 11.lit 11 duals Perrnrming Services
(If individual lasK name.l' t� ■S O R tsy�tnit�, L.. �ISIIct t Iiom No 10)
(attach Cw luuuionn tihe x4 if necessary)
U. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
ti ❑actual ❑planned a. retainer
b, one-time fee
13. Form of Payment(check all that apply): c. commission
ea, cash d. contingent lee
b. in-kind:specify:nature a deferred
Value F. other.specify
15. Brief Description of Services Per rmed or to be performed d Date(s)of Service,including
officer(s),employee(s),or meat r(s)contacted,for Payment i ikalld in Item 12.
(attach Continuation Shee1(s)ifm I
16. ContinuationSheet(s)a chest: Yes ❑ No ❑
17.lnformation rcqucstedthrnu d+i.I'nnn is mnbori7ed by"fide
31 lI.S,C Scction 1352.'I s disclosure of lobbt ing mliancc Signature:
+va,9 placed by the tier a when his transaction was made or
entered into. Ihisdt.• a is required pursuant to 31 U.S C. print Nome: Melanie Estes,Chief Delivery Offlcw
1352 rill inlirnfti.7 u a ill be reported to Congress
untmnmhll}and kit be available for public inspcctioit Any •Title: Chief•DefbtBry Officer
person++ho fail n life[lie required disclosure,hall he subject
to a civil pru of not less than S 10,000 and not more than 1127/20
S 100,11110 F c:uh such failure. 1"clephone No.: (714)276-1135 ❑ate'
Authorized for Local Reproduction -
Fetlrr U9e Only: Standard Form-LLL
tilandaid I inn I I I Nrr.nt.:gtih
/Dkfr Orig-I ocal Agency project piles
Page1 May 8,2013
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EXHIBIT 10-Hl COST PROPOSAL Page I of
ACTUAL.COOT-PLUS-RxFn FEE OR L al�,,,,�Srmr(FIRM FIXED PRICE)CONTRACTS
(DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES)
Note:Mark-ups are Not Allowed ®Prime Consultant ❑Subconsultant
Consultant Answer Advisory,LLC
I�ra 5Fgnal
1/28/2020
Project No. Communications Moist) Contract No. Date
DIRECT LABOR
Classification/Title Name Flours Actual Hourly Rate Total
Project Manager Lucas Bathe 40 1g 79.32 3,172.80
Project Engineer Maribel Munoz 760 I6 40.00 30,400.00
`6
'.6
LABOR COSTS
a) Subtotal Direct Labor Costs $ 33,572.80
b) Anticipated Salary Increases(see page 2 for calculation) $ (XA0
c)TOTAL DIRECT LABOR COSTS[(a)+(b)] S 33,572.80
INDIRECT COSTS
d) Fringe Benefits(Rate:_%) e)Total Fringe Benefits[(c)x(d)] $
1) Overhead(Rate: 110.60'/6) g)Overhead[(c)x(0] $ 37,131.52
h) General and Administrative(Rate: %) i)Gen&Admin[(c)x(h)] $
j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] S 37,131.52
FIXED FEE k)TOTAL FIXED FEE[(c)+0)]x fixed fee 10.0 %] :S 7,070.43
1 CONSULTANT'S OTHER DIRECT COSTS(OMI--ITb%UZ Add additional pages If necessary
3escli tionofItem Quantitv Unit Unit Cost Total
V 800 yR 8.12 6496.00
s ui merit Rental and Supplies
3ermit Fees
'lan Sheets i
1'est
1)TOTAL OTHER DIRECT COSTS $6496.00
m)SUBCONSULTANTS'COSTS(Add additional pages if necessary)
Subcansultant I: Oynam c Engineering Systems Inc $ 15,882.07
Subconsultant2: $
Subconsultant 3: $
Subconsultant 4. $
m)TOTAL SUBCONSULTANTS'COSTS S 15,862.07
n)TOTAL OTHERDIRECT COSTS INCLUDING SUBCONSULTANTS[(1)+(m)] $ 2$358.07
TOTAL COST[(c)+0)+(k)+(n)]$ 100,132.82
NOTES:
1. All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.Indirect cost rates should be based on consultant's annual accounting period
and established by a cognizant agency or accepted by Caltrans
3. Anticipated salary increases calculation(page 2)must accompany
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EXHIBIT 10-HI COST PROPOSAL Page 2 of 3
ACrUAL CAST-PLU-1 r4Rn LA:6 OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours)
Direct Labor Total Hours per Cost Avg Hourly 5Year Contract
Subtotal ner Cost Proposal Rate Duration
Proposal
$250,000 00 5000 = $50 00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%)
Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% — $51 00 Year 2 Avg Hourly Rate
Year2 $5100 + 2% _ $52.02 Year 3 Avg Hourly Rate
Year $52.02 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 2% _ $54A2 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year(Multiply estimate%each year by total hours)
Estimated°/o Completed Total Hours per Cost Total Hours per
Each Year Proposal Year
Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1
Year 2 40.0% * 5000 2000 Estimated Hours Year 2
Year 3 15.0% a 5000 = 750 Estimated Hours Year 3
Year4 15.0% " 5000 a 750 Estim ated Hours Year 4
Years 10.01/n * 5000 500 Estimated Hours Year 5
Total 100% Total - 5000
4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1
Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2
Year 3 $5202 * 750 = $39,015.00 Estimated Hours Year 3
Year 4 $53,06 * 750 = $39,795.30 Estimated Hours Year 4
Year 5 $54-12 * 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $257,871,10
Direct Labor Subtotal before Escalation = $250,000,00
Estimated total of Direct Labor Salary = Transfer to Page 1
Increase $7,871.10
NOTES:
1, This is not the onlyway to estimate salary increases.Other methods will be accepted if they clearly indicate the 9 o increase,the#
of years of the contract,and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable.
(i.e.$250,000 x 2%x 5 yrs=$25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted
4. Calculations for anticipated salary escalation must be provided
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.h MENIFEE
New.Better.Best.
EXHIBIT 10-HI COST PROPOSAL Pagc3 ar3
Certification of Direct Costs:
1,the undersigned.certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s)in this contract are actual,reasonable,allowable,and allocable to the contract in accordance with
the contract terms and the fol lowing requirements:
1. Generally Accepted Accounting Principles(GAAP)
2. Tenns and conditions of the contract
3. Title 23 1l Cited Sthtcy('rxlc Section 112-Letting of Contracts
4. 48 Code of I-edeml Rtgn(alions Part .11 -Contract Cost Principles and Procedures
5. 23 Utyk 01 i-ede'al Rcgalatlllnh I'as•I 172-Procurement,Management,and
Administration of Engineering and Design Related Service
6. 48 Cod ol'Fedeml R•g I�tions Part Us 04—Cust Ar cu a Ins Standards Miard(when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable Federal and state requirements. Costs that
are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted
Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: MolsnW Est" Title*: Chief Delivery Officer
Signature Date ofCertification(mmfdd/yyyy): 1/28/2020
Email: main nla.ostua�&%nsaradvlsory.com Phone Number:_619.565-5362
3111 Camino Del Rio N,Suite 340
San Diego CA 92106 Address:
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no
lower than a Vice President or a Chief Financial Officer.or equivalent,who has authority to represent the
Financial information utilized to establish the cost proposal for die contract.
List services the consultant is pro%iding under the R x-)scd contract:
Project and Construction Management
0
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Local Assistance Procedures Manual EXHIBIT 10-IU
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PI.us-FrxED FEF.OR TAW SUM(FIRM FIXED PRICE)CONTRACTS
(DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES)
Note:Mark-ups are Not Allowed ❑Prime Consultant Oubconsultant ❑2"a Tier Subconsultant
Consultant Dynamic En ineering Services,Too.
Project No. Contract No. Date January 23,2020
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total
Electrical John hannor/Steve Carbajal 100 $63.00 6,300.00
Inspector"
LABOR COSTS
a) Subtotal Direct Labor Costs $ 6,300.00
b) Anticipated Salary Increases(seepage 2 for calculation) S 0.00,
c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $6,300.00
INDIRECT COSTS
d) Fringe Benefits(Rate: 33.01 %) e)Total Fringe Benefits[(c)x(d)] $ 2,079.63
Overhead(Rate:95.88 "/o) g)Overhead[(c)x(f)] $. k040.44
h) General and Administrative(Rate:0 %) i)Gen&Admin[(c)x(h)] $ 0,00
j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $ 8,120.07
EIXED FEE k)TOTAL FIXED FEE[(c)+0)]x fixed fee 10%] $ 1,442.00
1 CONSULTANT'S MIER DIRECT COSTS ODC —ITE:i1UZE Add addltiorml pages ifnectmar►
Description of Item uantity Unit Unit Cost Total
Mileage Costs
Equipment Rental and Supplies $ $
Permit Fees $ $
Plan Sheets $ $
Test $ $
1)TOTAL OTHERDH2ECT COSTS
m)SUBCONSULTAANTS'COSTS(Add additional pages if necessary)
Subconsul 1. $
SwbcensulWPt 2 $
Subconsdtant3_ $
Subconsultant 4. $
m)TOTAL SUBCONSULTANTS'COSTS_ $
n)TOTAL OTHERDH2ECT COSTS INCLUDING SUBCONSULTANTS[(1)+(m)] $-0_00
TOTAL COST[(c)+0)+(k)+(n)]$15,862.07
NOTES:
1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked
with two asterisks—(**).All costs must comply with the Federal cost principles Subconsrdtants will provide their own cost proposals.
2. The cost proposal format shall not be amended Indirect cost rates shall be updated on an annual basis in accordance with the
consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation(page 2)must accompany
Page 1 of 9
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Local Assistance Procedures Manual EXHIBIT 10-M
Cost Proposal
EXHIBIT 10-H1I COST PROPOSAL Page 2 of 3
G.�OR iaoxya IFIRM FIXED PRICE)CONTRACTS
(CALCULATIONS FOR ANTICIPATED SAL ARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours)
Direct Labor Total Hours per Avg 5Year
5ubuual ner Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$63,000.00 100 = 563.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%)
Avg Hourly Rate Proposed Escalation
Year l + Year 2 Avg Hourly Rate
Year 2 + Year 3 Avg Hourly Rate
Year 3 + Year 4 Avg Hourly Rate
Year 4 + Year 5 Avg Hourly Rate
3. Calculate estimated hours per year(Multiply estimate%each year by total hours)
Estim ated%Completed Total Hours per Cost Total Hours per
Each Year Proposal Year
Year 1 1000% * 100 = 100 Estimated Hours Year 1
Year 2 * = Estimated Hours Year 2
Year 3 * = Estimated Hours Year 3
Year 4 * = Estimated Hours Year 4
Year 5 * Estimated Hours Year 5
Total 100% Total 100
4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimatedhours Costper
(calculated above) (calculated above) Year
Year 1 $63.00 *100 = $63,000.00 EstimatedHours Year 1
Year 2 = Estimated Hours Year 2
Year 3 = Estimated Hours Year 3
Year 4 = Estimated Hours Year 4
Year 5 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation = 6,300.00
Direct Labor Subtotal before Escalation = 6,300,00
Estim ated total of Direct Labor Salary = 0.00
Increase 0.00 Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases.Other methods will be accepted i f they clearly indicate the 9No increase,the#
of years of the contract,and a breakdown of the labor to be performed each year
2. An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable.
(i.e.$250,000 x 2%x 5 yrs—S25,000 is not an acceptable methodology)
3, This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted
4. Calculations for anticipated salary escalation must be provided
Page 2 of 9
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Local Assistance Procedures Manual EXHIBIT 10-HI
Cost Proposal
ExtllBff j0-HI COST PROPOSAL Pagc3or3
I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s)in this contract are actual,reasonable,allowable,and allocable to the contract in accordance with the
contract terms and the following requirements:
I. Generally Accepted Accounting Principles(GAAP)
2. Terms and conditions of the contract
3. Tiles23 I.Istiletl_Statys t'}?t}ti Scojnn 112-Letting of Contracts
4. 48 Caine ol'f edrral Rrgulalmns l°att 31-Contract Cost Principles and Procedures
5. 23(:.'ode of I•edetal Ryu4 i Pats 172-Procurement,Management,and Administration of
Engineering and Design Related Service
6. S Cndc of[edrrltt�tculausms furl 0g0�1-['tnt Aecrsurttsng tilmtdards Ward-(when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect
Cost Rate(s).
Rrinre('nnscdlant nr SuhrnnsnEfauT CrrlifXing.
Name: Chia-Chi Wanu Title*:-Principal
Signature
Date of Certification(mm/dd/yyyy):01232M
Email: tvang!gdYltatnic4+i.irm Phone Number: 951-892-1420
Address: 7 ''De P Im• li xi Suit•I Q88,Corgim CA 92983
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no
lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the
financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Electrical Inspection.
Page 3 of 9
City of Menifee,RFP No.2020-01 l,Project No.C[P 16-07
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