Item 22 - Approve Adjustments & CIP Amendment, & Agreements with Mark Thomas, So Cal Regional Rail Authority (SCRRA), the U.S. Department of Transportation, & Caltrans for the Santa Ana Boulevard Grade Separation Project (No. 26-6718)

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EXHIBIT 2 0 CITY OF SANTA ANA A. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XII. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Consultant hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Consultant will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any Agreement entered into by the awarded Consultant (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected Proposer must obtain a City of Santa Ana Business License prior to the execution of an Agreement and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting Agreement. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services Agency, Business Tax Office at(714)647- 5447 or on the City's website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Consultant shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Consultant; the Consultant's employees, agents, and SubConsultants associated with accomplishing work and services hereunder. The Consultant's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and SubConsultants from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Agreement may be awarded an Agreement for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Agreement. Therefore, Consultant is precluded from contracting for any work recommended as a result of this Agreement.