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HomeMy WebLinkAboutItem 15 - Agreements for On-Call Right-of-Way Coordination ServicesPublic Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 19, 2023 TOPIC: Agreements for On -Call Right -of -Way Coordination Services AGENDA TITLE Approve Agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. for On -Call Right -of -Way Coordination Services in an Aggregate Amount Not to Exceed $250,000 for up to a Five -Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. to provide on -call right-of-way coordination services for a shared aggregate amount not to exceed $250,000, for a three-year term beginning September 19, 2023 and expiring on September 18, 2026, with the provision for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 13, 2023, the Public Works Agency (PWA) released Request for Proposal (RFP) No. 22-150 to select professional firms that provide on -call right-of-way coordination services on an as -needed or on -call basis for the PWA Engineering division (Exhibit 1). These services are required to augment City staff efforts during the following: real property, furniture, fixtures, and equipment appraisals; acquisition, relocation, and property management; and right of way program management. The RFP was advertised on the City's online procurement management and publication system, PlanetBids, with electronic proposals due on June 6, 2023. Two responsive proposals were received and evaluated by a selection committee composed of PWA staff and based on criteria outlined in the RFP, both firms were selected for this on -call agreement. The following table summarizes the responding firms: Firm City Interwest Consulting Group, Inc. Irvine, CA Epic Land Solutions, Inc. Torrance, CA Based upon the scope of work and selection criteria outlined in RFP 22-150, Staff recommends awarding on -call agreements with both responding professional consultants, which will allow the consultants to bid on future engineering task orders Agreements for On -Call Right -of -Way Coordination Services September 19, 2023 Page 2 (Exhibits 2-3). The selected proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. The consultant's rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the selected proposals were determined to provide the best value for the City. Both Interwest Consulting Group, Inc. and Epic Land Solutions have established an efficient history of work on different City projects under various On -Call Agreements for their respective services. FISCAL IMPACT There is no fiscal impact at this time. The Public Works Agency will follow the established on -call services process during the FY 2024-2027 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $250,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funds will be budgeted and available for expenditure for the remaining FY 2023-24, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services -Professional Accounts: Division Account City Facilities License Agreement 01117605-62300 Traffic and Transportation Engineering 01117620-62300 Traffic Signal Maintenance 02917620-62300 Sanitary Sewer Enterprise 05417647-62300 Sanitary Sewer Enterprise 05517660-62300 Sanitary Sewer Enterprise 05617640-62300 Fed Clean Water Protection 05717640-62300 Residential Street Improvement 05817660-62300 Water Enterprise 06017645-62300 Water Enterprise 06617647-62300 Construction Engineering 08617611-62300 Design Engineering 08617612-62300 Traffic Engineering 08617620-62300 Administrative Services 10117601-62300 Development Engineering 10117605-62300 CIP Project Funding Various Street Lights Maintenance 01117630-62300 Roadway Marking/Signs 01117625-62300 Graffiti Abatement Program 01117642-62300 Agreements for On -Call Right -of -Way Coordination Services September 19, 2023 Page 3 Street Trees 01117643-62300 Sidewalks 01117626-62300 Environment/Sanitation 06817640-62300 Roadway Cleaning 06817641-62300 Median Landscaping 02917635-62300 Roadway Maintenance 02917660-62300 PWA Right of Way 01117622-62300 EXHIBIT(S) 1. RFP #22-150 On -Call Right -of -Way Coordinator 2. Agreement with Interwest Consulting Group, Inc. 3. Agreement with Epic Land Solutions, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL RIGHT OF WAY COORDINATOR RFP NO.: 22-150 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Hayley Gilbert Project Manager (714) 647-5059 Office HGilbert(i�santa-ana.or$! Aooroved for Release: `�abil Saba, P.E. FOR': Executive Director Public Works Agency KEY RFP DATES (Subject to change at discretion of City): Issue Date: June 13, 2023 Deadline for Requests for Information: June 29, 2023 Proposal Due Date: July 6, 2023 at 2:00 p.m. PST Projected Award Date: August 15, 2023 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for on -call Right of Way Coordinator. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than July 6, 2023 at 2:00 p.m. Proposals received after this date/ time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearlv with the to "SEALED PROPOSAL FOR ON -CALL RIGHT OF WAY COORDINATOR RFP NO.22-150 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Hayley Gilbert Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at hllps://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 22-150 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. CITY RIGHT TO REJECT I. BID PROTESTS III. SUBMITTAL REQUIREMENTS 8 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 10 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATION City of Santa Ana RFP 22-150 Page 3 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking a qualified On -Call Right of Way Coordinating firm for the City of Santa Ana Public Works Agency on an as -needed basis. Number of Proposals and Sing ature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". Proposal Evaluation and Rating; The criteria for evaluating the RFP submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 30% • Relevant Project Experience 30% • Schedule of Delivery 10% • References 5% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Project Funding_ Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. City of Santa Ana RFP 22-150 Page 4 0. SA yP4 4i y U c 1P ''L♦p ogP Term of Contract Agreement: The term of these contracts shall be for three years with a City option for one (1) two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this REP as Attachment 2. City of Santa Ana RFP 22-150 Page 5 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CoMPMID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. City of Santa Ana RFP 22-150 Page 6 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract 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. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 22-150 Page 7 III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF QUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. City of Santa Ana RFP 22-150 Page 8 d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, client name and contact information, and name of consultant project manager. City of Santa Ana staff may conduct site visits at select projects. f. Schedule of Delivery: Proposal shall detail the work phases to be completed, the tasks to be accomplished and the deliverables to be provided in order to satisfy the Scope of Work, including the time required to complete each task. g. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment I of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. City of Santa Ana RFP 22-150 Page 9 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. City of Santa Ana RFP 22-150 Page 10 B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. VIL PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 22-150 Page 11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL RIGHT OF WAY COORDINATOR RFP NO.22-150 INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Right -of - Way Consultant to provide right-of-way coordinating services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select one firm to enter into agreement for a not to exceed amount of $XXX,XXX. Minimum Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Description of Work: Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana staff or their designee on an as -needed basis. The Consultant shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work City of Santa Ana RFP 22-150 Page Al-1 produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. • The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire time work is performed under the Agreement. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of Work are complete, accurate, checked, and proofread to meet professional standard practice requirements, and to monitor work for conformance with the appropriate standards and policies. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be managed online to be shared among the City and various Consultants and update weekly. The schedule and/or status report shall be updated frequently. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. SCOPE OF SERVICES Assist City staff overseeing all the right of way and real estate services. Ensuring all work will be performed in accordance with the public agency's policies and procedures and federal, state and local regulations. Consultant shall assign one staff as Project Coordinator managing and overseeing the following tasks including, but not limited to: • Administration of all right-of-way related consultant contracts including but not limited to: 1) Property appraisal; 2) Furniture, fixture and equipment appraisal; 3) Business goodwill appraisal; 4) Acquisition/relocation and property management services; and 5) City real estate properties. City of Santa Ana RFP 22-150 Page Al-2 • Prepare Weekly Project Summary Reports for review by City Legal Staff • Review consultant invoices and recommend payment to City • Review consultants schedule for acquisition/relocation and monitor progress. • Review relocation claim and monitor status of relocation and eviction efforts in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970 (Uniform Act); the California Relocation Assistance and Real Property Acquisition Guidelines; CITY's Real Property Policies and Procedures and any other applicable regulations. • Review Title reports and identify pertinent information • Review and comment on real estate appraisals • Review and comment on improvements pertaining to realty, furniture, fixtures and equipment appraisals • Review and comment on loss of business goodwill appraisals • Review and comment on acquisition tasks such as offer packages • Monitor negotiations done by other consultants • Prepare documentation for administrative settlements • Provide Condemnation support • Monitor Demolition activities • Recommend amount of just compensation. The CITY shall make the final determination of just compensation. • Review title and escrow services necessary for the acquisition of real property, which include, but are not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, document searches, document preparation, estimates of closing costs, escrow instructions, and other documents. • Review all documents for submission and delivery to escrow companies; review title and escrow documents; ensure that CITY is acquiring good title and/or the property rights needed for the completion of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development of future consideration; coordinate escrow closings and file all applicable forms and documents with the County Assessor's Office. • Coordinate and provide support to CITY legal staff to clear title, if necessary. • Advise CITY of any Preliminary Title Reports/Litigation Guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and clear liens and encumbrances. • Upon completion of Project, advise CITY of any Policy of Title insurance, American Land Title Association (ALTA) or California Land Title Association (CLTA) extended - coverage owner's policy based on the value of the property provided by CITY. • Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary, environmental site assessments. • Review and maintain a parcel negotiator's log (parcel diary) for each parcel. • Review the acquisition file for each property owner or property interest acquired, and maintain a file checklist pursuant to City's policies and procedures • Secure Agreements for Possession and Use, Right of Entries, and licenses or permits City of Santa Ana RFP 22-150 Page Al-3 from property owners for purposes of performing hazardous waste, archeological and other inspections. If needed, provide support to CITY legal staff. • Perform any other normal procedures and processes to implement the acquisition assignment and shall provide any other supporting information and/or correspondence required by CITY • Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Way Certification. • Review existing leases, licenses, franchises, easements, permits and other agreements for the subject properties. • Establishment of right of way requirements for road widening projects • Review accuracy of Right of way mapping and legal descriptions • Review and comment on environmental studies to meet all applicable local, federal, and state laws, regulations, rules, and other requirements. • Review and comment on relocation plan, arrange for periodic circulation support in accordance with the Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITY's Real Property Policies and Procedures and any other applicable regulations. • Prepare documentation for Right of way disposition • Attend neighborhood and Council meetings, make public presentations to individuals and organizations and represent CITY in presentations and public hearing on all matters pertaining to the right of way process. • The overseeing Right of Way Coordinator shall be currently and validly licensed to practice the business of Real Estate in the State of California. The Proposal shall include the Right of Way Coordinator's Broker License Number as issued by the California Department of Consumer affairs Bureau of Real Estate. All right of way activities shall be in accordance with CITY's Real Property Policies and Procedures Manual, and Federal, State and local regulations • The Coordinator shall also have full time experience conducting same work as those required by this RFP for at least the past 5 years. • Prepare all necessary documents to the title and escrow companies for approval by CITY. CONSULTANT will be responsible for managing and monitoring the title and escrow companies to ensure timely delivery. • Market for sale properties via traditional and non-traditional methods • Coordinate Phase I Environmental Soil Assessment Reports and, if required, provide Phase II assessments, Hazardous Materials Disclosure Documents (HMDD) and Request to Acquire Contaminated Property (RACP) if required. • Advise for the submittal of any approval, certification or other similar document that any jurisdictional agency may require, and obtain approval/acceptance from said jurisdictional agency. • Advise in the preparation of the Informational Letter and Offer Letter • Maintain a Record of Negotiations documenting that all elements of the acquisition process and transactions were performed in accordance with applicable Federal, State, City of Santa Ana RFP 22-150 Page Al-4 and local laws and regulations. • Provide bilingual acquisition agents as needed. • Assist CITY in Eminent Domain Support. If requested, CONSULTANT shall provide expert testimony in any court or administrative proceedings, and assist as required in legal matters as directed by CITY legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering of documents and information. • Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities required by the PROJECT. • Set-up procedure to sell surplus property City of Santa Ana RFP 22-150 Page Al-5 Appendix ATTACHMENT 2 SAMPLE AGREEMENT THIS AGREEMENT is made and entered into on this day of , 20_ by and between ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of - On -Call Right of Way Coordinating Services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $XXX,XXX. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 9 #19793v4 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Page 2 of 9 #19793v4 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Page 3 of 9 #19793v4 Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 4 of 9 #19793v4 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such Page 5 of 9 #19793v4 information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Page 6 of 9 #19793v4 Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 9 #19793v4 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the Page 8 of 9 #19793v4 power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: (name) (title) Page 9 of 9 #19793v4 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP Page A3-4 EXHIBIT 2 CONSULTANT AGREEMENT BETWEEN INTERWEST CONSULTING GROUP, INC. AND THE CITY OF SANTA FOR ON -CALL RIGHT-OF-WAY SERVICES THIS AGREEMENT is made and entered into on this 191h day of September, 2023 by and between Interwest Consulting Group, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of on -call right-of-way services. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 22-150 and attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit C, which is attached hereto and incorporated in full. Consultant is one of two consultants selected to provide on -call right-of-way services. The total aggregate amount, among the two consultants, shall not exceed the shared aggregate amount of $250,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 1 3. TERM This Agreement shall commence on the date first written above for a (3) year term with the option for the City to grant up to a one (1) two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto. 6. INSURANCE Except with respect to Workers' Compensation coverage, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 2 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Note: Automobile liability is not required if an automobile is not required to perform services). 3. Workers' Compensation insurance as required by the State of California, with StatutoryLimits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent that they arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant Ld further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall have no liability arising from the use of any Work Product for any purpose or on any project other than that for which it was produced. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant k, without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City, which shall not be unreasonably delayed or withheld, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 5 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 7 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Interwest Consulting Group, Inc. Marcie Jorgensen, Director of Real Estate 1 Jenner, Suite 160 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. N. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Paul Meschino President 0 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL RIGHT OF WAY COORDINATOR RFP NO.22-150 INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Right -of - Way Consultant to provide right-of-way coordinating services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select one firm to enter into agreement for a not to exceed amount of $XXX,XXX. Minimum Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Description of Work: Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana staff or their designee on an as -needed basis. The Consultant shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work City of Santa Ana RFP 22-150 Page Al-1 produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. • The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire time work is performed under the Agreement. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of Work are complete, accurate, checked, and proofread to meet professional standard practice requirements, and to monitor work for conformance with the appropriate standards and policies. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be managed online to be shared among the City and various Consultants and update weekly. The schedule and/or status report shall be updated frequently. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. SCOPE OF SERVICES Assist City staff overseeing all the right of way and real estate services. Ensuring all work will be performed in accordance with the public agency's policies and procedures and federal, state and local regulations. Consultant shall assign one staff as Project Coordinator managing and overseeing the following tasks including, but not limited to: • Administration of all right-of-way related consultant contracts including but not limited to: 1) Property appraisal; 2) Furniture, fixture and equipment appraisal; 3) Business goodwill appraisal; 4) Acquisition/relocation and property management services; and 5) City real estate properties. City of Santa Ana RFP 22-150 Page Al-2 • Prepare Weekly Project Summary Reports for review by City Legal Staff • Review consultant invoices and recommend payment to City • Review consultants schedule for acquisition/relocation and monitor progress. • Review relocation claim and monitor status of relocation and eviction efforts in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970 (Uniform Act); the California Relocation Assistance and Real Property Acquisition Guidelines; CITY's Real Property Policies and Procedures and any other applicable regulations. • Review Title reports and identify pertinent information • Review and comment on real estate appraisals • Review and comment on improvements pertaining to realty, furniture, fixtures and equipment appraisals • Review and comment on loss of business goodwill appraisals • Review and comment on acquisition tasks such as offer packages • Monitor negotiations done by other consultants • Prepare documentation for administrative settlements • Provide Condemnation support • Monitor Demolition activities • Recommend amount of just compensation. The CITY shall make the final determination of just compensation. • Review title and escrow services necessary for the acquisition of real property, which include, but are not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, document searches, document preparation, estimates of closing costs, escrow instructions, and other documents. • Review all documents for submission and delivery to escrow companies; review title and escrow documents; ensure that CITY is acquiring good title and/or the property rights needed for the completion of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development of future consideration; coordinate escrow closings and file all applicable forms and documents with the County Assessor's Office. • Coordinate and provide support to CITY legal staff to clear title, if necessary. • Advise CITY of any Preliminary Title Reports/Litigation Guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and clear liens and encumbrances. • Upon completion of Project, advise CITY of any Policy of Title insurance, American Land Title Association (ALTA) or California Land Title Association (CLTA) extended - coverage owner's policy based on the value of the property provided by CITY. • Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary, environmental site assessments. • Review and maintain a parcel negotiator's log (parcel diary) for each parcel. • Review the acquisition file for each property owner or property interest acquired, and maintain a file checklist pursuant to City's policies and procedures • Secure Agreements for Possession and Use, Right of Entries, and licenses or permits City of Santa Ana RFP 22-150 Page Al-3 from property owners for purposes of performing hazardous waste, archeological and other inspections. If needed, provide support to CITY legal staff. • Perform any other normal procedures and processes to implement the acquisition assignment and shall provide any other supporting information and/or correspondence required by CITY • Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Way Certification. • Review existing leases, licenses, franchises, easements, permits and other agreements for the subject properties. • Establishment of right of way requirements for road widening projects • Review accuracy of Right of way mapping and legal descriptions • Review and comment on environmental studies to meet all applicable local, federal, and state laws, regulations, rules, and other requirements. • Review and comment on relocation plan, arrange for periodic circulation support in accordance with the Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITY's Real Property Policies and Procedures and any other applicable regulations. • Prepare documentation for Right of way disposition • Attend neighborhood and Council meetings, make public presentations to individuals and organizations and represent CITY in presentations and public hearing on all matters pertaining to the right of way process. • The overseeing Right of Way Coordinator shall be currently and validly licensed to practice the business of Real Estate in the State of California. The Proposal shall include the Right of Way Coordinator's Broker License Number as issued by the California Department of Consumer affairs Bureau of Real Estate. All right of way activities shall be in accordance with CITY's Real Property Policies and Procedures Manual, and Federal, State and local regulations • The Coordinator shall also have full time experience conducting same work as those required by this RFP for at least the past 5 years. • Prepare all necessary documents to the title and escrow companies for approval by CITY. CONSULTANT will be responsible for managing and monitoring the title and escrow companies to ensure timely delivery. • Market for sale properties via traditional and non-traditional methods • Coordinate Phase I Environmental Soil Assessment Reports and, if required, provide Phase II assessments, Hazardous Materials Disclosure Documents (HMDD) and Request to Acquire Contaminated Property (RACP) if required. • Advise for the submittal of any approval, certification or other similar document that any jurisdictional agency may require, and obtain approval/acceptance from said jurisdictional agency. • Advise in the preparation of the Informational Letter and Offer Letter • Maintain a Record of Negotiations documenting that all elements of the acquisition process and transactions were performed in accordance with applicable Federal, State, City of Santa Ana RFP 22-150 Page Al-4 and local laws and regulations. • Provide bilingual acquisition agents as needed. • Assist CITY in Eminent Domain Support. If requested, CONSULTANT shall provide expert testimony in any court or administrative proceedings, and assist as required in legal matters as directed by CITY legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering of documents and information. • Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities required by the PROJECT. • Set-up procedure to sell surplus property City of Santa Ana RFP 22-150 Page Al-5 EXHIBIT B CITY OF SANTA ANA PROPOSAL FOR ON -CALL RIGHT ^u WAY COORDINATOR RFP NO. 22-150 MAY 29, 2023 0 lw INTERWEST A SAFEIDuRr t4MPANY 01 COVER LETTER 02 EXECUTIVE SUMMARY 03 FIRM AND TEAM EXPERIENCE 05 UNDERSTANDING OF NEED 07 RELEVANT PROJECT EXPERIENCE 10 REFERENCES 10 REFERENCE TO FEE PROPOSAL 11 SCOPE OF SERVICES / SCHEDULE 18 RESUME 20 EXCEPTIONS/CERTIFICATIONS r SCOPE OF SERVICES AND SCHEDULE SCOPE OF SERVICES AND SCHEDULE SCOPE OF WORK Interwest provides exceptional project coordination services to ensure the successful implementation and completion of public agency projects. Jeremy Miller will provide a thorough and calculated effort as right of way coordinator. These services include: directing, monitoring and overseeing the delivery of services performed by City consultants; reviewing and approving consultant invoices and supporting documentation to ensure all work was performed as prescribed; representing the public agency at public meetings, hearings and litigation matters, as requested; preparing tracking reports to monitor the completion of project milestones and individual case progress; and implementing and maintaining a quality control program to ensure that work performed meets the requirements established by the City. Our approach to any City assignment is to serve as more than just your consultant. Throughout our working relationship, we consider ourselves to be a part of your team, equally invested in your goals and objectives and working collaboratively with your staff and stakeholders on a daily basis. Specifically, Jeremy will: Offer a level of expertise to address the existing project delays and provide effective solutions that lead to positive results. Direct the acceleration of the acquisition and relocation processes by implementing mutually agreed upon strategies to avoid clearance delays. Provide expert risk assessment on problem parcels to provide cost-effective solutions in order to close escrow or provide clearance for construction. Prepare a detailed scope of work for complex appraisal assignments to ensure that the appraiser receives the appropriate direction. Below is an overview of our typical scope of work for the requested services; this scope will be refined with each assigned project and is provided only to demonstrate our understanding of the City's requirements. Droject Coordination and Management Meetings. Attend meetings with the City and consultants. Meeting minutes, agendas and reports are provided and distributed as directed by City. Status Reports. Provide and maintain title, appraisal, acquisition, relocation and property management status reports for all project personnel to access. Consultant Management. Provide management and coordination of services for all consultants. Monitor and Control Budget Expenditures. Prepare, monitor and track project budget expenditures and assist the City with funding reimbursements. Escrow Coordination. Provide coordination services with the selected escrow company, including ordering preliminary title reports, litigation guarantees (if required), opening escrows and facilitating escrows for acquisition of the subject property and the replacement property. Schedules. Prepare and provide the City with project schedules, as needed. Quality Control Management. Provide quality control management for all assignments, including coordinating efforts with the City and consultants to ensure successful and compliant projects. Project Close -Out. Provide the services required to finalize and close out projects according to City directives. PAGE 11 1 ON -CALL RIGHT OF WAY COORDINATOR SCOPE OF SERVICES AND SCHEDULE Title SPrvir.P- Preliminary Title Reports. Order and monitor the completion of preliminary title reports and receipt of supporting documents. At a minimum, title reports produced for each parcel establish legal owners and all valid liens, encumbrances and easements of record. In addition, we complete a title report summary and distribute a copy of it to the City and City attorney's office. Litigation Guarantees. As directed by the City attorney's office, we order litigation guarantees identifying the legal owners and all interests affected in the proposed litigation. Copies of the report are placed in the City file with a copy distributed to the City attorney's office. Phase I and II ESA and Demolition Asbestos Survey Phase I Environmental Site Assessment Survey. Coordinate a Phase I study to be performed in compliance with the standard practices of the American Society for Testing and Materials (ASTM) Phase I ESA Process (Standard: E 1527-00). Monitor to ensure: attempts are made to interview the existing and former owners of the properties; a visual survey of the site and adjacent sites is completed; efforts are undertaken to contact local government officials about conditions in connection with the property; a review of site and area land use history is completed; and a review of the site area for geology and subsurface/surface potential for pollutant transport from public sources is done. Review the complete report to ensure that it contains the appropriate content. Copies are distributed to the City, City attorney and property management consultant, as required. Phase II Environmental Site Assessment Survey. With City staff, review the Phase I ESA to determine a need for a Phase II ESA survey. If necessary, coordinate the completion of a Phase II ESA. Upon receipt of the Phase II report, prepare a recommendation for additional environmental analysis, if required. Distribute the Environmental Site Report and any written recommendations to the City. Demolition Asbestos and Follow -Up Surveys. Coordinate with the property management consultant on the completion of asbestos and lead surveys. Assist with the distribution of these reports to applicable consultants and perform any follow-up inspections before the beginning the demolition process. Public Meetings Public Information Hearing. Facilitate and or conduct public meetings, as required by the City, to address acquisition, relocation and related right of way issues. Annraisal Facilitate. Coordinate the distribution of appraisal assignments using City -approved appraisers. Prepare request for proposals to obtain bids for assignments. Coordinate. Meet with selected appraisers to review and discuss the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Act and Title 25 California Code of Regulations. Determine with the City what types of reports are required and the required written notice of inspection to the owner. In all cases a complete appraisal is required. The format and level of documentation for an appraisal report depend on the complexity of the appraisal problem. Complex property assignments are to be reported in a self-contained, narrative format. A summary report, in conformance with USPAP Standards Rule 2-2(b) is permitted in cases, which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in a self-contained appraisal report. Complete Appraisal Summary Statement. Obtain appraisals prepared in accordance with California law and USPAP. Reports are then date stamped, recorded and properly dispersed. Review appraisal reports and appraisal summary statement to be sure they comply with applicable regulations. PAGE 12 1 ON -CALL RIGHT OF WAY COORDINATOR SCOPE OF SERVICES AND SCHEDULE Tenant -Owned Improvements. Coordinate and review the completeness and accuracy of furniture, fixtures and equipment (FF&E) appraisals. During the initial appraisal process, coordinate with fee appraiser, FF&E appraiser, fee owner and tenant identification and ownership of tenant -owned improvements. If necessary, specialty appraisals are ordered and a copy is submitted to the appraiser for inclusion in the appraisal and appraisal review analyses. Appraisal Keviewitstanlishment of Just Compensation Appraisal Review. If federal funding is involved, coordinate and obtain reviews of the appraisals referenced above in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable federal, state and local laws, and USPAP. Just Compensation Coordination. Upon completion of the appraisal and, if applicable, the appraisal review, the completed reports are submitted to the City for review and establishment of Just Compensation. rrUParaLwn of Offer PaCKages Parcel Files. Establish and maintain an accurate and complete working file for each parcel in a format approved by the City. Subsequent Review of Title Reports. Before the offer package is prepared, complete a second review of County Assessor information and title reports, paying particular attention to ownership, easement liens and encumbrances. Review Right of Way Drawings. Review project plans, becoming familiar with the project and its impact on the various properties. Verify information on the project plans, ensuring it corresponds with the legal descriptions, plans and appraisal reports. Offer Package. Prepare and/or review an offer package ensuring compliance with the City -approved format. At a minimum, the offer package will include a receipt form, offer letter, appraisal summary statement, acquisition brochure, Title VI information, tenant information statement and language translation (as applicable). Before final distribution to the acquisition agent, the complete offer package is submitted to the City attorney's office for approval. Acquisition/Negotiation on Full Acquisition Residential Parcels. Coordinate and track communications, negotiations, and consultant success via an approved tracking report. Offers to out -of -area owners are mailed Certified Return Receipt Requested. Acquisition/Negotiation on Full Acquisition Commercial Parcels. Monitor the acquisition function, including performing the necessary field assignments to acquire these parcels. Coordinate and track communications, negotiations, and consultant success via an approved tracking report. Offers to out -of -area owners are mailed Certified Return Receipt Requested. Administrative Settlement Proposal Recommendations. For unresolved cases, review and provide a written recommendation together with supporting documentation on all counter proposals submitted by the property owners to the City for review and approval or disapproval. City/Owner Liaison. Provide liaison duties between the City, consultants and property owners. Contact Documentation. Thoroughly document all contact among the acquisition consultant, property owner and/or their representative, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact, if possible, and retained in the permanent acquisition file. PAGE 13 1 ON -CALL RIGHT OF WAY COORDINATOR SCOPE OF SERVICES AND SCHEDULE Relocation Assistanc( Prepare Relocation Plan. Complete and/or review relocation plans in accordance with applicable state guidelines, including, but not limited to: individual interview of potential displacements; identification of relocation needs and obstacles; and mitigation measures to support a successfully relocation assistance program. All California procedures for obtaining City Council adoptions of relocation plans are followed. Any deviation from this procedure must be approved by the City. Residential Relocation Packages. Prepare and/or review relocation packages in the City -approved format. At a minimum, the relocation package includes a receipt form, General Information Notice, relocation brochure, Title VI information, Certificate of Occupancy Statement and language translation statement. Before distribution to the relocation agent, the complete relocation package will be submitted to the City for approval. Relocation Oversight on Residential Displacements. Distribute relocation packages in accordance with City directives. Coordinate and track communications and progress through an approved tracking report. Purchase Price Differential or Rental Assistance Payment Entitlement. Review entitlement packages submitted to the City for approval. Packages should contain, but are not limited to: market data, selection of the most comparable properties, completion of necessary data forms and calculation of entitlements. Coordinate the approval of the relocation assistance entitlements and document the file accordingly. Moving Options. Review requested moving entitlements based on room count or, if necessary, moving bid estimates. Determine moving options, prepare moving agreements, obtain signatures, if required, and monitor moves. Prepare and Deliver Notices. Prepare or review residential entitlement letters, 90-Day Notices to Vacate and, if applicable, 60-day and 30-day letters. Relocation Advisory Assistance. Review advisory services being provided by consultants consisting of providing housing referrals, determining relocation needs, explaining benefits, performing housing inspections, providing transportation to displacees searching for replacement housing, providing counseling or advising of other sources of assistance that may be available. First -Level Appeals. Coordinate and handle first -level appeals, as necessary. Displacee Contact Documentation. Thoroughly document all contact with the displacee. Documentation includes thorough diaries and copies of all correspondence and emails. Relocation Payment Packages. Review claim packages and process and submit to the City for approval. File documentation is maintained to ensure compliance, audit and payment verifications. DUbIllUss MU1UUaL1U1i ASSISId11L;U Relocation Payment Eligibility. Determine or review the consultant's determination of eligibility for relocation payments by reviewing eligibility criteria and case data. Document whether the displacee is entitled to business relocation payments, including moving and related expenses, re-establishment payment and a site -search payment or in -lieu payment. Business Relocation Packages. Prepare or review relocation packages in the City -approved format. Relocation packages include a receipt form, General Information Notice, Notice of Eligibility, relocation brochure, Title VI information, Certificate of Occupancy Statement, language translation statement, and Loss of Goodwill Statement. Before distribution to the relocation agent, the complete package is submitted to the City for approval. Identify Displacee Needs. Review documentation in regards to displacee needs and issues. Be sure the consultant presents the relocation package and provides advisory assistance by explaining in detail the options for payment of reasonable moving expenses, re-establishment and site search reimbursements. PAGE 14 1 ON -CALL RIGHT OF WAY COORDINATOR SCOPE OF SERVICES AND SCHEDULE Personal Property Inventory. Review the certified personal property inventory after the consultant finishes a site inspection and reviews the fee and FF&E appraisal. Review, verify and approve the compilation of a certified personal property inventory. This inventory should be signed by the business owner and relocation agent. Upon City concurrence, this information is used to obtain commercial moving bids. Replacement Site and Moving Assistance. Review the consultant's referral of replacement sites, moving bid estimates, moving options, selection of mover and planning of moves. Ensure that all items in the inventory are addressed in the move. If items are not moved or not included in moving bid (items which require mitigation or cannot be moved to replacement site due to zoning, housing codes or other restrictions, etc.), be sure that the consultant prepares Abandonment Certification and deducts reasonable moving costs, if necessary. Review Eligible Re -Establishment Expenses. Review expenses (e.g., improvements to the property, advertisements, unused license fees, increased operating costs, etc.) necessary and eligible as re-establishment expenses (not to exceed $25,000). Inspect the replacement property, cost estimates, verify the previous two years' expenses and income and project the next two years to assess whether increased operating costs will exist. Based on the decisions of the displacee and program guidelines, determine or verify eligibility for reimbursement. Ensure all items in the estimate are actually re-established. Abandoned Property. If the displacee decides not to relocate some personal property, verify that a bona fide attempt has been made to sell the items. Review the determination of eligibility for direct loss payment and compute the amount of payment. Notify of any items to be abandoned and ensure those items are not included in the moving cost estimate. Be sure Abandonment Certification is properly prepared with the displacee's signature along with a waiver to all rights in abandoned property. Site -Search Expenses. Ensure reasonable site -search expenses do not to exceed $1,000 under Title 25 compliance or $2,500 for federally funded projects. City/Business Owner Liaison. Provide liaison duties between the City and business owners. Contact Documentation. Thoroughly document all contact with the business owner and/or their representative, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact, if possible, and retained in the permanent acquisition file. tscrow L;ooraination Monitor Escrows. Coordinate with title companies and open escrows on all purchases. Monitor escrows, review all escrow documents, request funds from the City and ensure that the City receives title insurance policies in the amount of the purchase cost of the land and improvements and clear title to all properties acquired. Interwest will also provide multilingual (Spanish) services, as needed, for an efficient closing. Partial Acquisitions. Special attention will be paid to partial acquisitions due to the difficultly in obtaining partial release documents in a timely manner. At the City's request, Interwest will complete the entire escrow and work directly with the title company to obtain the necessary title policy. condemnation SiinDort Condemnation Assistance. Prepare necessary condemnation reports or paperwork for unsuccessful negotiations and provide pre -condemnation assistance and testimony for the City legal counsel. This includes: obtaining and reviewing litigation guarantees; listing the names and mailing addresses of the appropriate fee, leasehold and tenant owners; completing a summary sheet with recommendations for title issues; and making copies of the parcel file. Interwest also provides expert testimony services for appraisal, acquisition and relocation issues. PAGE 15 1 ON -CALL RIGHT OF WAY COORDINATOR SCOPE OF SERVICES AND SCHEDULE D-nnPrty MannnPmPnt nvPrsinht Status Reports. Provide or coordinate bi-monthly status reports demonstrating critical milestones. Consultant Management. Provide management and coordination of property management services with the City and other consultants. Monitor and Control Budget Expenditures. Prepare, monitor and track project budget expenditures and assist the City with funding reimbursements. Demolition Oversigi - Demolition Project Management and Coordination. Assist with advertising for procurement and administration of demolition contracts in accordance with the City's policies and procedures for competitive bidding. Demolition Specification Bid Preparation. As directed by the City, assist in preparing separate specification bid packages that abatement and demolition contractors can use to provide a detailed cost estimate. This work will include site meetings with the contractors for the bid process, job walk and the preparation of an addendum for clarification of any questions about specification changes, if required. Asbestos Abatement Monitoring and Visual Clearances. Monitor the project during the abatement process. Collect all documentation obtained during the process and file in the City's post acquisition file. Demolition Supervision and Coordination. Provide adequate field supervision of demolition activities to ensure compliance with all City policies and procedures as well as all terms of the demolition contract. Project Reporting and Close -Out. Review and approve the demolition consultant's work and submit completion reports to the City recommending payment. rmmnlinnrP and nuality rnntrnl Project Responsibilities. As Right of Way Coordinator, Jeremy will be responsible for proper compliance and quality control on all right of way activities. This includes interpretation and implementation of applicable laws, regulations and policies, and assistance with resolving conflicts among administrative policies, departments and consultants. File Close -Out. Jeremy will audit all acquisition, relocation and post acquisition files to ensure compliance with applicable regulations. Corrective actions will be coordinated with the City and consultants. A tracking report will be generated showing the receipt of the consultant file, the consolidation and review date, comments regarding non-compliance, corrective action taken and the close-out date. PAGE 16 1 ON -CALL RIGHT OF WAY COORDINATOR § / � U) f ± : _ Cl)E % _o k ° \ ) 5 }/ E 2 / § \ / \ f / 2 2 E O e e ƒ/ _ 5 0 0 E - %= E/ 0 e / k \ \ : \ Co -� o E_ 0 m c E ) kƒ O O E ƒ/ a- \ E = m § / A / ƒ k % / \ \ _§ a ° 0 / \ -0 2 \ = \ \ § 2 0 m % 0 e E o = > c 0- _0 2 ( a)\ / 0 ƒ 2 « E •- 02 2 = 2 0 f 7 cƒ/ f R E E o 3 E > =\ / s n / / » ®= E / % E y = / _ 0 0 " @ 0 o \ / Q \ \ \ \ / E 0- / / \ 0) 5 R \ E / / « 2 _ % o m% _§ 2 \= 7 2 c= E-0 ° 5\ / E \ k _0 o e : 2 e ° / + 2= ) o \ \ t_ o 0 e % k c.g E' 7 \ o 9» 7 0 2 e o f e E m 0 e t= e\/ F) 2 d o a° 2 7 = c 0 0/ o 0 0 0= I o o CO o= of O R F(D § k % \ § $ _ m 2 ® \ I E® ? \ E \ E = 0 $ E 5= / E o = / m E / % .E _ E \ o / \£ L n 0 m 0 2 \ 2 7 o 0° .§ o( 2 .2 £ 7 g\ _ %/ = 5= 7& o o E\ E o E\ ° m S o 2 = 2 §\ I o k k 2 § \ k\> k o / / E\ o 0 o \ e< U �\ I Z a oƒ o m/ E R A A A A A A A A A A � 0 .\ 0 < _ R 2 E f y / a)f a)fn / / 0 3 E$ s n/ \ E *2 f \ \ \ 2 m 0- ¢ k \ e § = $ y 2 ± g \ \ ) 5 0\ s f E = 7 R / 7 \ \ o _/ ¢ a) n o 9 §« » ® L \ / _0 / k k E / / 7 ± O 2 2 0§0) I o 3 O 2 m 0 E A A A A A A A EXHIBIT C 0 rw INTERWEST A SAFEIDuiff WMPAMY Interwest Consulting Group, Inc. 1 Jenner, Suite 160 Irvine, CA 92618 FEE PROPOSAL RATE SHEET RFP NO. 22-150 PROGRAM MANAGER/ ROW COORDINATOR JEREMY MILLER $150 / HOUR RIGHT OF WAY AGENT LOIS RODRIGUEZ $120 / HOUR V1 F1 LA IF EXHIBIT 3 CONSULTANT AGREEMENT BETWEEN EPIC LAND SOLUTIONS, INC. AND THE CITY OF SANTA FOR ON -CALL RIGHT-OF-WAY SERVICES THIS AGREEMENT is made and entered into on this 19th day of September, 2023 by and between Epic Land Solutions, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of on -call right-of-way services. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 22-150 and attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit C, which is attached hereto and incorporated in full. Consultant is one of two consultants selected to provide on -call right-of-way services. The total aggregate amount, among the two consultants, shall not exceed the shared aggregate amount of $250,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 1 3. TERM This Agreement shall commence on the date first written above for a (3) year term with the option for the City to grant up to a one (1) two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto. 6. INSURANCE Except with respect to Workers' Compensation coverage, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 2 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Note: Automobile liability is not required if an automobile is not required to perform services). 3. Workers' Compensation insurance as required by the State of California, with StatutoryLimits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent that they arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant Ld further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall have no liability arising from the use of any Work Product for any purpose or on any project other than that for which it was produced. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant k, without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City, which shall not be unreasonably delayed or withheld, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 5 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 7 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Epic Land Solutions, Inc. Eddie Quintero, Project Manager 1971 W 190th Street, Suite 200 Torrance, CA 90504 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. N. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ,lose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: FCa�eK Starr xare�smr.la�s rs, zoz3 u� Pon " Karen Starr Senior Vice President 0 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL RIGHT OF WAY COORDINATOR RFP NO.22-150 INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Right -of - Way Consultant to provide right-of-way coordinating services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select one firm to enter into agreement for a not to exceed amount of $XXX,XXX. Minimum Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Description of Work: Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana staff or their designee on an as -needed basis. The Consultant shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work City of Santa Ana RFP 22-150 Page Al-1 produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. • The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire time work is performed under the Agreement. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of Work are complete, accurate, checked, and proofread to meet professional standard practice requirements, and to monitor work for conformance with the appropriate standards and policies. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be managed online to be shared among the City and various Consultants and update weekly. The schedule and/or status report shall be updated frequently. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. SCOPE OF SERVICES Assist City staff overseeing all the right of way and real estate services. Ensuring all work will be performed in accordance with the public agency's policies and procedures and federal, state and local regulations. Consultant shall assign one staff as Project Coordinator managing and overseeing the following tasks including, but not limited to: • Administration of all right-of-way related consultant contracts including but not limited to: 1) Property appraisal; 2) Furniture, fixture and equipment appraisal; 3) Business goodwill appraisal; 4) Acquisition/relocation and property management services; and 5) City real estate properties. City of Santa Ana RFP 22-150 Page Al-2 • Prepare Weekly Project Summary Reports for review by City Legal Staff • Review consultant invoices and recommend payment to City • Review consultants schedule for acquisition/relocation and monitor progress. • Review relocation claim and monitor status of relocation and eviction efforts in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970 (Uniform Act); the California Relocation Assistance and Real Property Acquisition Guidelines; CITY's Real Property Policies and Procedures and any other applicable regulations. • Review Title reports and identify pertinent information • Review and comment on real estate appraisals • Review and comment on improvements pertaining to realty, furniture, fixtures and equipment appraisals • Review and comment on loss of business goodwill appraisals • Review and comment on acquisition tasks such as offer packages • Monitor negotiations done by other consultants • Prepare documentation for administrative settlements • Provide Condemnation support • Monitor Demolition activities • Recommend amount of just compensation. The CITY shall make the final determination of just compensation. • Review title and escrow services necessary for the acquisition of real property, which include, but are not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, document searches, document preparation, estimates of closing costs, escrow instructions, and other documents. • Review all documents for submission and delivery to escrow companies; review title and escrow documents; ensure that CITY is acquiring good title and/or the property rights needed for the completion of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development of future consideration; coordinate escrow closings and file all applicable forms and documents with the County Assessor's Office. • Coordinate and provide support to CITY legal staff to clear title, if necessary. • Advise CITY of any Preliminary Title Reports/Litigation Guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and clear liens and encumbrances. • Upon completion of Project, advise CITY of any Policy of Title insurance, American Land Title Association (ALTA) or California Land Title Association (CLTA) extended - coverage owner's policy based on the value of the property provided by CITY. • Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary, environmental site assessments. • Review and maintain a parcel negotiator's log (parcel diary) for each parcel. • Review the acquisition file for each property owner or property interest acquired, and maintain a file checklist pursuant to City's policies and procedures • Secure Agreements for Possession and Use, Right of Entries, and licenses or permits City of Santa Ana RFP 22-150 Page Al-3 from property owners for purposes of performing hazardous waste, archeological and other inspections. If needed, provide support to CITY legal staff. • Perform any other normal procedures and processes to implement the acquisition assignment and shall provide any other supporting information and/or correspondence required by CITY • Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Way Certification. • Review existing leases, licenses, franchises, easements, permits and other agreements for the subject properties. • Establishment of right of way requirements for road widening projects • Review accuracy of Right of way mapping and legal descriptions • Review and comment on environmental studies to meet all applicable local, federal, and state laws, regulations, rules, and other requirements. • Review and comment on relocation plan, arrange for periodic circulation support in accordance with the Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITY's Real Property Policies and Procedures and any other applicable regulations. • Prepare documentation for Right of way disposition • Attend neighborhood and Council meetings, make public presentations to individuals and organizations and represent CITY in presentations and public hearing on all matters pertaining to the right of way process. • The overseeing Right of Way Coordinator shall be currently and validly licensed to practice the business of Real Estate in the State of California. The Proposal shall include the Right of Way Coordinator's Broker License Number as issued by the California Department of Consumer affairs Bureau of Real Estate. All right of way activities shall be in accordance with CITY's Real Property Policies and Procedures Manual, and Federal, State and local regulations • The Coordinator shall also have full time experience conducting same work as those required by this RFP for at least the past 5 years. • Prepare all necessary documents to the title and escrow companies for approval by CITY. CONSULTANT will be responsible for managing and monitoring the title and escrow companies to ensure timely delivery. • Market for sale properties via traditional and non-traditional methods • Coordinate Phase I Environmental Soil Assessment Reports and, if required, provide Phase II assessments, Hazardous Materials Disclosure Documents (HMDD) and Request to Acquire Contaminated Property (RACP) if required. • Advise for the submittal of any approval, certification or other similar document that any jurisdictional agency may require, and obtain approval/acceptance from said jurisdictional agency. • Advise in the preparation of the Informational Letter and Offer Letter • Maintain a Record of Negotiations documenting that all elements of the acquisition process and transactions were performed in accordance with applicable Federal, State, City of Santa Ana RFP 22-150 Page Al-4 and local laws and regulations. • Provide bilingual acquisition agents as needed. • Assist CITY in Eminent Domain Support. If requested, CONSULTANT shall provide expert testimony in any court or administrative proceedings, and assist as required in legal matters as directed by CITY legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering of documents and information. • Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities required by the PROJECT. • Set-up procedure to sell surplus property City of Santa Ana RFP 22-150 Page Al-5 EXHIBIT B T Z-1 71, gwrol" 41 #410, EPIC Land Solutions, Inc. W411- - Epic Land Solutions, Inc. - 1971 W 190th Street - Suite 200 - Torrance, CA 90504 - epicland.com Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator Understanding of Need, Scope of Work & Schedule The City of Santa Ana is seeking a qualified On -Call Right of Way Coordinating firm for the City's Public Works Agency projects on an as -needed basis. The Coordinating firm shall oversee all the right of way and real estate services for the City. Work may include real property appraisal, FF&E and Goodwill appraisal, acquisition, relocation, property management, surplus property sales, and Caltrans Right of Way Certification. The City is seeking a consultant to provide high -quality, professional services that comply with all applicable regulations, policies, procedures and standards for State and Federal Aid projects. The Coordinating firm is expected to carry out and complete assigned task orders in a responsible manner while collaborating with the City and other stakeholders. EPIC understands the term of this contract is determined to be three years with the City's option to extend the contract for an additional one (1) or two (2) years. Approach to Scope of Work Regardless of project funding, EPIC's approach always adheres to the Uniform Act and Caltrans Right of Way Manual and Local Assistance Procedures Manual (LAPM) guidelines. EPIC will perform all right of way coordination, relocation, and property management services in close coordination with the City and in accordance with county, state, and federal policies and procedures wherever applicable including Title VI of the Civil Rights Act of 1964, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the URA regulations that became effective in February 2005. Right of Way Acquisition Services This section outlines EPIC's description of the on -call right of way coordination services being proposed for this contract. It is EPIC's privilege to offer the following services to the City: Project Management Under the direction of Right of Way Coordinator/Project Manager, Eddie Quintero, will work closely with the City and its consultants to review project assignments and establish lines of communication, procedures and protocols, and will work to keep the team on track to reach goals. To track and manage ongoing right of way project tasks and budget, Eddie will: • Oversee all activities performed under the right of way contract. • Coordinate with any federal and state oversight agencies as directed by the City. • Ensure that all consultants have appropriate licenses for the scope of work. • Coordinate team, subconsultant, and client meetings. • Prepare and maintain a detailed project schedule and provide progress reports. • Coordinate with all stakeholders. • Maintain project files. • Develop and maintain a quality assurance/quality control plan. Title Examination Services Securing preliminary title reports quickly is very critical. At the time of Notice to Proceed, EPIC will obtain a Preliminary Title Report for the impacted parcels. These reports will provide information required by the appraiser when preparing the Just Compensation analysis. Title Services involve obtaining and reviewing title reports to verify ownership and identify any easements or encumbrances. One report will be obtained for contiguous parcels with the same owner. Updated preliminary title reports will be obtained as needed. Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 7 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator Acquisition/Negotiation Services EPIC is responsible for the entire acquisition process. Property acquisition requires that EPIC negotiate with property owners or appointed representatives for the purchase of property rights in good faith. The property acquisition process is performed in close coordination with the City and in accordance with the Uniform Act whenever necessary. We expect to provide the following services and high degree of care for every acquisition negotiation: ► Offer Package Preparation: First, an Offer Package template is submitted to the City for quality review and approval. EPIC then prepares the Offer Package for each parcel based on the City - approved Just Compensation. Offer Packages may include an Offer Letter, Summary Statement of Just Compensation (appraisal summary), Acknowledgment Receipt, legal descriptions, plat maps, grant deeds and easements, Purchase Agreement and Title VI brochure. Caltrans projects require that a copy of the formal summary appraisal report be provided to the owner with the first written offer. ► Immediate Engagement with Owners: EPIC assigns one agent to be the primary point of contact for each property owner. As soon as possible, the agent present the written Offer Package to the impacted property owner or their authorized representative. Early interaction with the property owner saves time in negotiations after the offer is made. Agents will take the necessary time to advise property owners with detailed explanation of the property interest being acquired, the proposed construction detail as it affects the property, as well as the entire acquisition process. Agents will answer any questions or concerns the owners may have. ► Good Faith Negotiation: EPIC is aware of the sensitive nature of unwanted acquisitions from the point of view of affected property owners. For the remainder of the negotiation schedule will maintain close communication with property owners to establish a positive rapport and working relationship with the property owner to build trust and create an atmosphere in which successful negotiations can occur. Agents will make as many contacts with each owner as the City believes necessary to acquire the property or secure an easement. ► Reasonable Offer Timeline: Property owners are given reasonable time to consider the City's offer and present material relevant to value determination (generally a minimum of 30 days or three contacts). ► Tenant Consideration: Early in the process, EPIC will ascertain if property owners have tenants leasing their property. EPIC understands the relationship between a property owner and a tenant and the need to address all tenant concerns. At the owner's or tenant's request, EPIC will meet with the tenant to discuss the project and ways that the impact to the tenant can be mitigated. ► Diary Entries: Each contact with property owners and tenants is documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process. ► Purchase Agreement Amendments: To minimize the impact of project on affected persons and help address and alleviate some of the owner and tenant concerns, EPIC can suggest amendments or special provisions to agreement language. EPIC will work closely with the City and the impacted property owner/tenants to determine which concessions can be made without adversely impacting the project construction and project costs. ► Recommendations and Counter -Offers: Review and consider counter-offers, make recommendations and obtain City approval before accepting the owner's counter offer or making a second counter offer. P. Innovative Final -Stage Negotiation: EPIC developed Summit Meetings as a highly successful approach to resolve issues and assist in avoiding eminent domain/ condemnation proceedings. EPIC sets up a meeting with all individuals who have project information and decision -making authority. Although the meeting can last several hours, we are usually able to reach agreement on all issues. ► Fair Settlement: It is one of EPIC's highest priorities to negotiate a fair, mutually agreeable Epic Land Solutions, Inc. i Creating Land Solutions for the Public Good Page 8 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator settlement between the City and the property owner, resulting in escrow. Once an agreement has been reached, EPIC obtains the owner's signature, notarized when necessary. EPIC promptly transmits all executed documents on successfully negotiated parcels to City for acceptance and signature. We will then deliver purchase agreements to the title and escrow subconsultants and perform all title clearance. P. Legal Recourse: EPIC will continue negotiations with the property owners until every effort has been exhausted and it appears that the only remaining method of acquisition is through legal proceedings (i.e. a Recommendation for Condemnation). Rights of Entry and Encroachment Permits EPIC will guide the City to obtain any necessary Encroachment Permits or Rights of Entry permits from local public agencies if it is necessary to cross any property owned by the public agencies. These agreements will inform the property owner of the purpose and impact of each permit. Escrow/Closing Services Once EPIC has obtained the property owner and City's signature on acquisition agreement(s) we will open escrow and coordinate escrow requirements with property owner. We provide draft escrow instructions to the City for approval. EPIC will work with a third -party title company to perform title clearance. EPIC will review the Title Reports and work to ensure that the property can be conveyed to the City without any unacceptable liens, Covenants, Conditions, and Restrictions (CC&Rs) and other encumbrances. We coordinate payment between the Grantor, City and the Escrow Company. EPIC will obtain the City's signature on Certificates of Acceptance and all other necessary documentation such as recorded grant deeds and temporary construction easement deeds to convey title. At the close of the transaction, we obtain the final title policy, review closing statements and submit to City for approval and close escrow. Condemnation/Eminent Domain Support When negotiating for acquisitions, EPIC works to avoid eminent domain whenever possible. When a Recommendation for Condemnation becomes necessary, EPIC will prepare summary memos outlining efforts made and the reason(s) for impasse and work closely with the City's eminent domain counsel to begin eminent domain tasks. Caltrans Right of Way Certification All state and federally funded projects require Caltrans right of way certification. If needed, EPIC will work to obtain right of way certification which documents that real property interests have been secured, that the site will be vacated prior to construction, and that all right of way activities were conducted in accordance with applicable Caltrans policies and procedures. Relocation Assistance Services EPIC's project team prides itself on its ability to administer a relocation program that recognizes the delicate nature required when moving people from their homes or places of business. Being sensitive to displaced persons' concerns is not only beneficial to the project, but also goes a long way toward alleviating the very human, sometimes traumatic, reaction faced by property owners who are unexpectedly displaced. Our Relocation Advisory Assistance process follows: Relocation Occupant NOE and Acquisition File Close - Plan -+ Relocation -+ (FF E and � Plan Notices Process Goodwill) Out Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 9 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator Draft Relocation Plan In accordance with URA and California Code of Regulations Title 25, § 6038, EPIC can prepare a Relocation Plan to analyze relocation options, anticipate all costs, outline the needs of residents, and outline plan for claim disbursements. The plan will verify the feasibility of anticipated relocations and forms an itemized project budget, including lodging, meal, transportation, and moving expenses. Occupant Interview & Notices Prepare the following notices and conduct an intake interview with each of the residential and non- residential occupants impacted in this project: ► General Information Notice (GIN) ► Business Interview Form (where applicable) P. Informational Brochure ► Certificate of Lawful Presence ► Notice of Eligibility (NOE)—Business Occupant ► 90-Day Notice to Vacate [required by federal law] ► 60/30-Day Notice to Vacate [per City's preference] The Relocation Specialist will meet personally with an authorized representative and explain the relocation assistance program and eligibility requirements for relocation payments to impacted property owners, business owners, and tenants. Agent will maintain a diary of relocation details and communications, capturing all salient conversations, discussions, emails, and other pertinent information with owners/representatives. Notice of Eligibility (NOE) and Relocation Process P. Relocation Advisory Assistance ► Identify replacement sites and provide referrals [minimum of two (2) written referrals] ► Move coordination [obtain minimum of two (2) quotes, including walk-throughs with occupant and contractor] ► Process claims for reimbursement to business occupants ► Vacancy inspection (Certificate of Abandonment) Acquisition (F&E and Loss of Business Goodwill appraisals) For any property improvements constructed by the Lessee and/or Business Occupants or Loss of Business Goodwill, EPIC will coordinate with qualified specialty appraisers. File Close -Out & Documentation Prepare final relocation package for submittal to the City to commence the process for document review and requesting of Relocation funds. Such package shall include all signed documents and original signatures of owners, diary, and other relevant relocation information. Such documentation shall be on the City's forms unless otherwise permitted. Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 10 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator Property Management & Maintenance Services EPIC is one of the only a few right of way consulting firms to offer full -service property management solutions specifically suited for property owned by public agencies. Our objectives are to maximize revenue, maintain safety and security, reduce maintenance costs, and minimize liability for our clients. Services include: Interim Property Management Services EPIC is prepared to handle interim property management activities as needed to manage properties acquired by the City. Tasks may include collection of lease payments, managing and maintaining licenses, leases, and rental agreements for acquired properties, pursuing collection of Focus on Revenue Capture Hazmat, Maintenance Demolition and & Clearance Inspections Full -Service Property Management 24/7 Point of Reporting Contact & Insights Long -Term Planning & Risk Management delinquent rents when necessary, setting up a client bank account and reconcile with the income and expense reports, prepare monthly income and expense reports, performing site visits periodically to monitor for encroachments, safety issues, and property maintenance tasks. Property Maintenance & Site Inspections EPIC has developed proactive programs to periodically inspect client property for code enforcement and easement compliance issues, environmental concerns, and unauthorized uses by third parties. EPIC will identify unpermitted encroachments and unlawful activities, notify trespassers of the need to vacate, engage code enforcement authorities on corrective action noticing, take timely action on any violations, and log all findings and actions in a database. EPIC can also work with the encroaching entity to install a permit, lease, or license if the use is deemed acceptable by the City, and will work with qualified maintenance professionals, general contractors, and construction managers to handle large or small emergency repairs. Additional Value -Added Services for Santa Ana Surplus Land Sales — Your Subject Matter Expert for Public Land Disposal EPIC is the City of Santa Ana's local expert in the proper disposal of remnant parcels owned by public agencies and the public auction process. EPIC's team of experienced real estate agents will use proven processes for auctioning remnant parcels, using existing Request for Offer and marketing templates and processes that have been used successfully to sell over $15 million dollars in excess land sales over the last 10 years. EPIC will leverage our Esri ArcMap technology to perform GIS analysis for every parcel sale to identify property owners within 500 feet radius that may have an interest in buying. Understanding of the Surplus Land Act • The California Surplus Land Act of 2019 requires that when cities, counties, a 13 �„ • transit agencies, and other local agencies sell or lease their land, they must • �1 "5 prioritize it for affordable housing development. In short, the Surplus Land Act . of 2019 deals with a requirement to use the land for affordable housing when applicable. EPIC staff are required to stay current and educated on the latest guidelines and updates to the law, such as changes that started January 1, Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 11 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator 2021, which stipulates that local agencies are required to send, and the California Department of Housing and Community Development (HCD) is required to review, negotiation summaries for each surplus land transaction in the state. HCD is also required to notify local agencies of violations and may notify the Attorney General and assess fines, as necessary. Utility Research, Plans & Relocation EPIC has a dedicated Utility Services Department to research Utility Conflicts, perform Utility Design QA/QC, Determine Liability of utility relocation, and Certify the Utility Relocations with Caltrans District 12. All of EPIC's utility services are performed following the Caltrans LAPM process. EPIC's Utility Manager coordinates with the City, utility companies and applicable stakeholders for all work involved in identifying, protecting, removal and/or relocation of utility facilities necessary for the project. We identify all utility owners in the project area, conduct site verifications and confirm who has prior rights and determine if any of their utility facilities conflict with the project design. A utility matrix will be prepared identifying utility owners, descriptions of facilities, dispositions (i.e. protect, relocate, abandon) and initial liability determinations. If conflicts exist, we review project plans with the engineering design team to determine utility alternatives and meet early with utility owners to determine liability and identify which utilities will be moved to accommodate the proposed project. This is critical as determination of liability is becoming more of an issue in today's projects and can cause major delays or increase expense due the involvement of legal counsel. EPIC then provides coordination for the successful relocation of utility facilities identified as conflicts and Caltrans Certification. Scope of Work Responsibilities Stakeholder coordination; Coordinate Kickoff and project meetings; Risk Assessment at Kickoff; Obtain the City's templates and Project Eddie procedures; Status Report Templates; Regular Progress Reports; Management Quintero Schedule Updates; Quality Assurance/Quality Control Plan; Quality review of offer packages; Update Relocation Plan; Detailed Procedures; File Checklists; Agreements Title & Yasmeen Ordering and reviewing Preliminary Title Reports; Coordination with Escrow Flores the City's Title consultant, Title Exception Form internal quality Services checklist; Litigation Guarantees (as needed) Appraisal Eddie Appraisal Review Report or Coordination of completion thereof; Coordination Quintero Review Appraisal Certificate; Submit amount of Just Compensation to City for approval & FTA Concurrence Prepare Offer Package to property owners; QA/QC and present Acquisition/ Addiel offer packages; Perform negotiations to acquire property rights; Negotiation Flores Detailed Negotiator Diaries; Purchase and Sale Agreements; Administrative Settlements; Possession and Use Agreements; As - Needed Resolution of Necessity Support Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 12 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator Owner/Tenant Interviews; General Information Notice (GIN); Relocation Addiel Comparable/Search; Housing Study; Notice of Eligibility; Relocation Assistance Flores Brochures; Replacement Site search and referrals; 30/60/90-Day Notices to Vacate; Advisory services; Movers and storage vendor quotes; Claims forms; Certificate of Vacancy; Claims processing Facility Map Request Letters; As -Built Plans; Utility Information Utility Mike Sheet; potholing coordination; Utility Verification Letters; Relocation Coordination Mays Claim Letters; Notices To Owners (NTOs) to relocate; utility agreements; cert package Condemn- Impasse Letter; Prepare Draft Resolution of Necessity and Notice of ation Eddie Hearing; Board Reports; Negotiator and Relocation Logs; Referrals; Support Quintero Responses to Discovery; Coordinate Supplemental Deposits; Deposit Refund Property Interim rent/lease collections; Property Inspection Notices, Reports; Management Darcy Certificates of Insurance; weed abatement; excavations; paint & & Mendoza anti -graffiti; security fencing & board -ups; Metrolink/SCRRA safety Maintenance permits; homeless abatement; plumbing & electrical; Notices of Demolition; Proof of services rendered; Certificates of Completion Data Sheet; Utility Information Sheet; Necessary Certification, as Caltrans Eddie required by Chapter 14 of the Caltrans Right of Way Manual and Certification Quintero Chapter 13, section 13.10 of the Local Assistance Procedures Manual Eddie Temporary Construction Easement (TCE) management; Coordinate Construction Quintero with local landowners and agencies to provide detailed project Support & Mike information and answer questions; utility coordination; contractor Mays compliance Notice to Caltrans of Intent to Declare Property as Surplus; Board Surplus Darcy Materials to Declare Property Surplus; Appraisal; Title Report; Land Mendoza Notices to local agencies and priority purchasers; Marketing Disposal materials; Auction materials to the public; Status updates of the disposition; Advertising; Sales Package; Executed Agreements Closeout Eddie File Close Out Checklist; Flash Drive Containing Important File Quintero Documents; Hard Copies Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 13 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator Project Management Project Manager, Eddie Quintero, will deliver the City's task assignments by managing right of way valuations and the acquisition process from start -to -finish. Eddie's tasks will include preparation and maintenance of a detailed project schedule, maintenance and quality control of acquisition files, periodic progress reporting, and facilitation of regular internal meetings and client status meetings. In summary, EPIC's project management services control quality, budget, and delivery schedule. EPIC believes in providing the client with on -call availability and dedication throughout the life of the project. Our team will deploy the following procedural innovations and technological efficiencies to deliver outstanding services to the City: VX1Subconsultant Management We create contractual agreements and Task Orders with third -party vendors and subconsultants that highlight the exact expectation of the assignment. Throughout the project, we continue to stay in close contact with the subs to ensure they are on -schedule and have the correct project information for their deliverables. Schedule Controls Communication is key to staying on - schedule. Project Manager, Eddie, will lead regular, consistent internal meetings with the right of way agent team, and project meetings with the City, to discuss project status and schedule concerns. The PM will consistently monitor project schedules with tools like real-time diaries, Status Reports, and consistent check -ins with agents and the City project manager. Quality Control Plan Our QA/QC Plan integrates a three -tiered approach to quality management that involves all levels of staff relying on tested procedures and proven tools--inculduing file structures, QA/QC checklists, and manager spot-checks and audit procedures --to ensure quality control at every phase of the right of way acquisitionand relocation process. Q O "Guess -Free" Cost Containment EPIC uses BST Global software for time -and -materials budget tracking. We currently uses the system to invoice 250 active projects per month.. All EPIC staff are required to maintain weekly timesheets to track all time dedicated to a project, which provides both budget and schedule control to stay on track with project goals. At any point, management can view the time being spent on any project. Weekly review of budgets makes the task seamless and allows our teams to stay in front of any budget issues. We take pride in "pricing it right the first time," creating a Not -To -Exceed project budget that mitigates the need for change orders. Document Management The foundation of effective project management in real 1 estate is document management. EPIC maintains and backs up all project files in Microsoft SharePoint and has developed project sites and workflows in the tool to accommodate and collaboarate on the acquisition and relocation processes. The tool also provides document control in a secure, redundant cloud environment that participants —including City staff —can access any -time, from anywhere. Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 14 of 20 Epic Land Solutions, Inc. Proposal for City of Santa Ana — On -Call Right of Way Coordinator Standard 9-Month Schedule for Right of Way Acquisition EPIC secures property rights in the timeliest manner available under the law. As a forward -thinking right of way firm, we utilize an aggressive, nine -month schedule (EXAMPLE ONLY pictured below) as our baseline for project planning that already includes built-in buffers for common delays encountered during projects. For most right of way projects, with under 50 parcels implicated, EPIC can close escrow on property rights acquisitions 9 months from kickoff. For projects including utility coordination, Phase I and II Environmental Site Assessments, relocation advisory assistance, hazardous materials abatement coordination, and/or condemnation proceedings may require 12-18 months, start -to -finish. EPIC will customize the project schedule for each task order and according to the City's project goals. ID Task Name Duration Start Finish Predecessors 019 Qtr4, 019 Qtr 1, 2020 Qtr 2, 020 Qtr 3, 2D20 Qtr 4, 2D20 Qtr 1, 021 Qtr 12021 Au Se Oct Nov Dec kn Feb Mar A r Ma Jun Jul AugSe Oct Nov Dec Jan Feb Mar A r Ma 1 Right of Way Schedule 346 days Wed 1/1/20 Wed 4/28/21 2 Kick-off and Project Planning Meeting Title Services Order Preliminary Title Reports Review Preliminary Title Reports Complete Title Exception Review Forms Real Estate Appraisal and Appraisal Review Prepare and Send Notice of Decision to 1 day 30 days 25 days 5 days 5 days 90 days 15 days Wed 1/1/20 Thu 1/2/20 Thu 1/2/20 Thu 2/6/20 Thu 2/6/20 Thu 2113/20 Thu 2/13/20 Wed 1/1/20 Wed 2/12/20 Wed 2/5/20 2 Wed 2/12/20 4 Wed 2/12/20 4 Wed 6/17/20 Wed 3/4/20 5 111111111111117 3 4 5 6 7 8 _ Appraise and Inspect 9 Prepare Appraisals Appraisal Review Approval of Just Compensation Right of Way Acquisition Prepare Files and Preliminary Offer 30 days 30 days 30 days 315days 90 days Thu 3/5/20 Thu 3/26/20 Thu 5/7/20 Thu2/13/20 Thu 2/13/20 Wed 4/15/20 8 Wed 5/6/20 9FS-15 days Wed 6/17/20 10 Wed 4/28/21 Wed 6/17/20 6 10 11 12 13 Packages QA/QC and Present Offer Packages 20 days Thu 6/18/20 Wed 7/15/20 13 14 15 Perform Negotiations to Acquire Property 40 days Thu 6/18/20 Wed 8/12/20 13 oil Rights 16 Condemnation Support 30 days Thu 7/16/20 Wed 8/26/20 13FS+20 days 17 Escrow Services Property Disposal and Excess Land Sales Property Management Board up, Fencing Lead and Asbestos Testing Lead and Asbestos Abatement Demolition and Clearance Interim Property Management 30 days 120 days 175 days 20 days 25 days 30 days 100 days 160 days Thu 7/16/20 Thu 8/27/20 Thu 8/27/20 Thu 8/27/20 Thu 9/24/20 Thu 10/29/20 Thu 12/10/20 Thu 8/27/20 Wed 8/26/20 14 Wed 2/10/21 17 Wed 4/28/21 Wed 9/23/20 17 Wed 10/28/20 20 Wed 12/9/20 21 Wed 4/28/21 22 Wed 4/7/21 17 iiiiiiiiis 18 19 20 21 22 23 24 25 Relocation Services Perform Tenant Interviews 170 days 30 days Thu 7/30/20 Thu 7/30/20 Wed 3/24/21 Wed 9/9/20 14FS+10 days 26 27 FF&E Appraisals Prepare Relocation Assistance Packages 20 days 15 days Thu 9/24/20 Thu 8/6/20 Wed 10/21/20 26FS+10 days Wed 8/26/20 14FS+15 days 28 29 Provide Relocation Advisory Services and 120 days Thu 8/27/20 Wed 2/10/21 28 _ Claim Processing 30 Goodwill Appraisal 30 days Thu 2/11/21 Wed 3/24/21 29 31 Right of Way Certification (Level 1) Preparation 60 days 20 days Thu 8/27/20 Thu 8/27/20 Wed 11/18/20 Wed 9/23/20 17 32 33 Review and Approval byCaltrans 40 days Thu 9/24/20 Wed 11/18/20 32 "Working consistently with EPIC for the last decade, I am always impressed by their professionalism and quality of work in meeting our right of way needs. Their staff is knowledgeable, communicative, and responsive." - Richard A. Quirk, AIA, NCARB STV Group, Inc. Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 15 of 20 EXHIBIT C go., . AM Clt�.r ■ .�` 4 � r #40, EPIC Land SOI U t i o n s, Inc. ..Ab.M.a.V- I fFl I A Epic Land Solutions, Inc. - 1971 W 190th Street - Suite 200, Torrance, CA 90504 - epicland.com - EPICis May 29, 2023 Epic Land Solutions, Inc. Headquarters 1971 W 190`h Street, Suite 200 Torrance, CA 90504 (310) 626-4848 epicland.com Fee Proposal City of Santa Ana On -Call Contract for Right of Way Coordinator Services Title/Job Classifications 2023 Hourly Billing Rate Advisory Manager $203.00 Senior Project Manager $162.00 Project Manager $108.00 Senior Right of Way Agent $113.00 Right of Way Agent $90.00 Administrative Support $77.00 GIS Analyst $122.00 Utility Coordination Lead $153.00 Utility Coordinator $95.00 Budget & Financial Controls $140.00 Other Direct Costs Rate Mileage At IRS Allowable Postage/Overnight Delivery At Cost Online Data Services At Cost Outside Services (Vendors & Subconsultants At Cost Note about rates: Staff billing rates provided do not include the Federal Acquisition Regulations (FAR) approved overhead rate for Epic Land Solutions, Inc. and are not suitable for state and federally funded projects. EPIC will increase these hourly rates 5% annually at the beginning of each calendar year or in accordance with the contract terms. If the NTP is received after 120 days from this proposal, fees and billing rates may require revision Epic Land Solutions, Inc. I Creating Land Solutions for the Public Good Page 1 of T Thank you for reviewing our proposal! Please contact us at: Eddie Quintero Right of Way Coordinator/Project Manager (310) 626-4843 proposalteam@epicland.com ■