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HomeMy WebLinkAbout19H - RFP - RIGHT OF WAY SRVS CAPITAL IMPROVEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE REQUEST FOR PROPOSALS FOR RIGHT OF WAY SERVICES FOR CIP PROJECTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to send Request for Proposals to qualified consulting firms to provide right-of-way services for Capital Improvement Projects. DISCUSSION The Public Works Agency (PWA) oversees the right-of-way (ROW) acquisition for a variety of street widening projects budgeted included the Capital Improvement Program (CIP). Several current and future CIP projects are scheduled for widening such as: Bristol Street and Grand Avenue. Acquisition, relocation and other ROW related services are provided by the professional consultants specialized in those fields. PWA has contracted with these firms annually to provide the City with assistance in obtaining the necessary ROW for the CIP projects. The current contracts will expire shortly and PWA needs to issue request for proposals (RFP) to qualified firms in these specialty areas in order to acquire the necessary right-of-way for CIP projects and to meet the State and Federal regulations. Following is the list of separate RFP's proposed for the needed ROW services: Project Management & Oversight Property Appraisal Acquisition, Relocation & Property Management Furniture, Fixtures and Equipment Appraisal Business Goodwill Appraisal Environmental Assessment Demolition Surveying and Mapping Staff is recommending approval to issue RFP's to qualified firms. 19H-1 Request for Proposals For Right of Way Services October 18, 2010 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds to pay for these services are budgeted in various projects in the CIP. The total estimated contract amounts for all services are $3.0 million. Raul Godinez II Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency RG/SA Exhibit 1: Request for Proposals 19H-2 REQUEST FOR PROPOSALS FOR RIGHT OF WAY CONSULTING AND RELATED SERVICES CITY OF SANTA ANA PUBLIC WORKS DEPARTMENT 20 CIVIC CENTER PLAZA M-36 SANTA ANA, CALIFORNIA 92701 Due Date and Time: November 11, 2010 Before 5:00 p.m. Proposal Submittal: Proposals must be submitted to the City of Santa Ana, Public Works Department, Attn: Souri Amirani, Deputy City Engineer, per the Submittal Instructions Section of this RFP. ALL PROPOSALS MUST BE RECEIVED BEFORE 5:00 PM on November 11, 2010. NO LATE PROPOSALS WILL BE ACCEPTED. Any requests for clarification or other questions concerning this RFP must be submitted via email to Souri Amirani at samirani(c)-santa-ana.org before 4:00 pm on November 1, 2010. Responses will be provided via an addendum sent via email. The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. 19H-3 REQUEST FOR PROPOSALS (RFP) FOR RIGHT OF WAY CONSULTING AND RELATED SERVICES INTRODUCTION The City of Santa Ana ("City") is soliciting separate proposals from professional consulting firms (individually referred to hereafter as "Consultant" and collectively as "Consultants") to provide right of way and related services on an as-needed basis. The services being considered for contract are the following "Specialty Areas": Specialty Areas Contract Amount (per thousand) (Al) Project Management Services $350K (A2) Property Appraisal Services $300K (A3) Furniture, Fixtures and Equipment Appraisal Services $350K (A4) Business Goodwill Appraisal Services $350K (A5) Acquisition, Relocation, and Property Management Services $500K (A6) Environmental Services $350K (A7) Demolition Services $750K (A8) Surveying and Mapping Services $150K From the proposals received, it is the City's goal to select one firm to perform the Project Management and Oversight Services and one to two firms for the other disciplines listed above. The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. The fee and a detailed scope of work will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. BACKGROUND The City of Santa Ana is planning various road widening and intersection projects. These projects include, but are not limited to: Bristol Street Widening Project; Grand Avenue, First to Fourth; 17th and Bristol Intersection; Bristol Warner Intersection. It is anticipated that the consultant will be responsible for the establishment of right of way requirements, right of way mapping, appraisals, environmental studies, right of way acquisition, relocation, property management, demolition and site clearing, and title transfer to the City. It is also anticipated that the City may have the responsibility to acquire by condemnation any parcels for which negotiations become unsuccessful. It is the City's intent to establish a right of way consultant team for all the Specialty Areas. These Specialty Areas are included in the Scope of Work section of this document. The actual number of consultants to be selected will depend on the availability of qualified firms, evidenced by the proposal process. Page 2 of 48 19H-4 Minimum Qualifications Following are the minimum qualifications to be used to evaluate responses to this Request for Proposals. (Any firm failing to meet these minimum qualifications shall be disqualified.) 1. Consultant has a full-time service office in Orange County, California. 2. Proposed Project Manager and/or Firm has five (5) or more years experience managing federal, state and locally funded projects for a public agency (i.e. Public Works Department). 3. Firm has three or more excellent references for work performed in the past five (5) years. Specialty Areas The City's "General Requirements - Right of Way Services" as well as a "Scope of Work by Specialty Area" are set forth in ATTACHMENT 1, included herein. Consultants may submit proposals for as many Specialty Areas for which they deem themselves qualified. Separate proposals should be submitted for each Specialty Area. A Consultant may be selected for one or more Specialty Area, depending on qualifications. Other Requirements In addition to the requirements set forth in the City's Professional Consulting Services Agreement, there may be other requirements imposed on a per project basis, especially for certain federally funded projects. Any such City requirement shall be provided to Consultant prior to obtaining a proposal for such a project. The City of Santa Ana's Professional Consulting Services Agreement is included herein as ATTACHMENT 2. The initial agreement term will be three (3) years, plus two (2) one-year option terms for a total of up to five (5) years. The City intends to award multiple contracts from this solicitation. Services will be performed under separate Contract Task Orders (CTO) issued following contract award. Within the general Scope of Work Shown in ATTACHMENT 1, the City will, at its sole discretion, issue CTO's for specific tasks. CTO award will be based upon factors such as (1) experience in and understanding of the task, (2) capacity of the firm to perform the CTO work within the required time frame given on-going commitments to other work, (3) reasonableness and affordability of the price. There is no guarantee that any firm awarded a contract will receive a minimum amount of work through CTO's. Prevailinq Wages CTO's issued under the Agreements awarded from this RFP may be funded under a financial assistance contract by the U.S. Department of Transportation, and as such will be subject to all conditions of the Davis-Bacon Act (40 U.S.C. 276a) and the Labor Code of the State of California commencing in Section 1770 et. seq. It is required that all mechanics, laborers and technicians subject to prevailing wages in their performance of services under the Agreements be paid not less than the current basic hourly rates of pay and fringe benefits. Wage schedules are available at the City's Offices or on the internet at - www.dir.ca.gov/DLSR/statistics_research.html and -www.access.gpo.gov/davisbacon/. Page 3 of 48 19H-5 Consultants shall utilize the relevant prevailing wage determinations in effect on the date the CTO proposal request was received. In the event there are any differences between the minimum wage rates as determined by the United States Secretary of Labor and those determined by the State of California, the highest rate must be paid. SUBMITTAL REQUIREMENTS This Request for Proposals is intended to assess each Consultant's general capabilities as they would apply to the City of Santa Ana and to evaluate specific responses to each Specialty Area and the expected scope of work. In order to maintain uniformity with all proposals furnished by Consultants, it is hereby requested the proposals be limited to a maximum of 30 pages (excluding front and back covers, section dividers, resumes and required forms). Proposals shall be typed with a standard 12 point font, double spaced and submitted on 8 Y2" X 11" paper using a single method of fastening. Charts and schedules may be included in 11 X 17" format. Consultant must address each of the following items in their response to this RFP• 1. _Proposal cover and letter of transmittal State the name and the Specialty Area being submitted (e.g., "(A2) Real Property Appraisal Services," etc.). Provide firm's full legal entity name and include the type of business structure (e.g., a California corporation, a limited liability company or a sole proprietorship). This information is critical; as it will be used for the ultimate contract if awarded Corporations must include their state of incorporation. The letter should also provide general contact information including the name of the proposed Project Manager, the office address, phone, FAX and e-mail address from which he/she will work. Consultants submitting proposals for multiple Specialty Areas must state a single contact name and information including email address for the final single contract. 2. Technical Proposal a. Qualifications, Related Experience and References of Consultant This section of the proposal should establish the ability of Consultant to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. The Consultant shall: (1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees. (2) Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Consultant's ability to complete the project. (3) Describe the firm's experience in performing work of a similar nature to that Page 4 of 48 19H-6 solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe experience in working with the various government agencies identified in this RFP. (4) Identify subcontractors by company name, address, contact person, telephone number and project function. Describe Consultant's experience working with each subcontractor. (5) Provide as a minimum three (3) references for the projects cited as related experience, and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Consultant may also supply references from other work not cited in this section as related experience. b. Proposed Staffing and Project Organization This section of the proposal should establish the method, which will be used by the Consultant to manage the project as well as identify key personnel assigned. The Consultant shall: (1) Provide education, experience, and applicable professional credentials of project staff. (2) Furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel. (3) Indicate adequacy of labor resources utilizing a table projecting the labor-hour allocation to the project by individual task. (4) Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, proposed position for this project, current assignment, level of commitment to that assignment, availability for this assignment and how long each person has been with the firm. (5) Include a project organization chart, which clearly delineates communication/reporting relationships among the project staff. (6) Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. C. Work Plan Consultant should provide a narrative, which addresses the Scope of Work, and shows Consultant's understanding of City's needs and requirements. The Consultant shall: (1) Describe the approach to completing the tasks specified in the Scope of Work. The Page 5 of 48 19H-7 work plan shall be of such detail to demonstrate the Consultants ability to accomplish the project objectives and overall schedule. (2) Outline sequentially the activities that would be undertaken in completing the tasks and specify who would perform them. (3) Furnish a project schedule for completing the tasks in terms of elapsed weeks from the project commencement date. (4) Identify methods that Consultant will use to ensure quality control as well as budget and schedule control for the project. (5) Identify any special issues or problems that are likely to be encountered in this project and how the Consultant would propose to address them. (6) Consultant is encouraged to propose enhancements or procedural or technical innovations to the Scope of Work that do not materialy deviate from the objectives or required content of the project. d. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Consultant wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Consultant will be deemed to have accepted the contract requirements as set forth in ATTACHMENT 2. 4. Cost and Price Proposal As part of the cost and price proposal, the Consultant shall submit proposed pricing to provide the services for each work task described in Attachment 1, Scope of Work. Consultant shall complete "List of Key Personnel" form included with this RFP (Exhibit A) and shall complete the "Price Summary Sheet" form included with this RFP (Exhibit B), and furnish any narrative required to explain the prices quoted in the schedules. The Agreement will have a time-and materials type of payment provision, with the consultant paid for actual hours worked plus other direct costs for a CTO. Each CTO will have an estimated price, and the consultant shall exercise due diligence to perform its work within the estimated price. Appendices Information considered by Consultant to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Consultants are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief. DBE 3 SOLICITATION PROVISIONS AND PARTICIPATION FORMS Page 6 of 48 19H-8 The Consultant shall complete and submit with its proposal Enclosures 4a through 4d in accordance with the instructions set forth in EXHIBIT D "Disadvantaged Business Enterprise Requirements and Instructions." REFERENCES Provide a minimum of three (3) references for similar projects performed only within the past five (5) years. Include the project cost and year of completion, along with the client's name, address, phone number and email address. Rank them in order according to their similarity to the City of Santa Ana Public Works Department Projects and your understanding of the general scope of work. Describe the project or type of work provided for each reference. CERTIFICATION FORM Complete and include the Certification of Non-Discrimination by Consultants form (ATTACHMENT 3) with your proposal. SUBMITTAL INSTRUCTIONS Submit five (5) bound copies of your proposal signed by a company official with the power to bind the company in its proposal before 5:00 PM on or before November 11, 2010. Proposals must be clearly and submitted to: City of Santa Ana, Public Works Department Attn: Souri Amirani, Deputy City Engineer 20 Civic Center Plaza M-36 Santa Ana, CA 92701 CONSULTANT SELECTION The response to this Request for Proposal shall contain documentation of Consultant's credentials and expertise pertaining to your specialty in this field. Substantial consideration will be given to Consultants with demonstrable and documented experience in similar work. Proposals will be evaluated on the basis of the qualifications, abilities, and responsiveness of the proposing Consultant. The City of Santa Ana has established a Consultant Selection Committee to evaluate Consultant's proposals. The evaluation of each proposal will be based on technical criteria and qualifications listed within the RFP, reference checks, and other information which will be gathered independently. The following general selection criteria will be used to evaluate each consultant firm: 1. Qualifications of the Firm - 30% Technical experience in performing work of a closely similar nature; experience working with public agencies; strength and stability of the firm; strength, stability experience and technical competence of subcontractors; assessment by client references. Page 7 of 48 19H-9 2. Staffing & Project Organization - 30% Qualifications of project staff, particularly key personnel and especially the Project Manager; key personnel's level of involvement in performing related work cited in "Qualifications of the Firm" section; logic of project organization; adequacy of labor commitment; concurrence in the restrictions on changes in key personnel. 3. Work Plan - 20% Depth of Consultant's understanding of City's requirements and overall quality of work plan; logic, clarity and specificity of work plan; appropriateness of labor distribution among the tasks; ability to meet the project deadline; reasonableness of proposed schedule; utility of suggested technical or procedural innovations. 4. Cost and Price - 20% Reasonableness and affordability of the proposed hourly rates and other direct costs compared with other offers received. Adequacy of data in support of figures quoted; reasonableness of individual task budgets; basis on which prices are quoted. EVALUATION PROCEDURE An evaluation committee will be appointed to review all proposals received for this RFP. The committee is comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using criteria identified in Consultant Selection above. A list of top ranked proposals, firms within a competitive range, will be developed based upon averaging of the committee members' scores for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. At any time during the evaluation process, and before or after selection for award, the City may negotiate contract terms with some or all Consultants, and expressly reserves the right to negotiate with several Consultants simultaneously, and thereafter to award a contract to the Consultant or Consultants presenting the most favorable terms to the City. Consultants may also be asked to submit a Best and Final Offer (BAFO). The BAFO will include, but not necessarily be limited to, additional information, confirmation or clarification of issues, and submission of a final cost/price proposal. At the conclusion of the evaluation process, the evaluation committee will recommend to the appropriate Board Committee, the Consultant with the highest final ranking or a short list of top ranked Consultants within the competitive range The Board Committee will review the evaluation committee's recommendation and forward its decision to the full Board of Directors for final action. AWARD The City Council will consider the recommendation of staff and may approve contract award or Page 8 of 48 19H-10 modify the recommendation. The City reserves the right to award its total requirements to one Consultant or to apportion those requirements among several Consultants as the City may deem to be in its best interest. In addition, negotiations may or may not be conducted with Consultants; therefore, the proposal submitted should contain the Consultant's most favorable terms and conditions, since the selection and award may be made without discussion with any Consultant. GENERAL INFORMATION Any requests for clarification or other questions regarding this RFP shall be sent via email to Souri Amirani, Deputy City Engineer, at samirani@santa-ana.org no later than 4:00 p.m. on November 1, 2010. Responses to questions, if applicable, shall be emailed as an addendum on or about November 8, 2010. The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. THE CITY'S AFFIRMATIVE ACTION PROGRAM It is the policy of the City of Santa Ana to ensure that minority, women, and other disadvantaged and small businesses can fairly compete for and perform on all the City of Santa Ana's contracts and subcontracts. In accordance with the City of Santa Ana's Federal financial assistance agreements with the U.S. Department of Transportation and Caltrans, the City of Santa Ana will comply with Title 49 CFR Part 26; Participation by Disadvantaged Business Enterprises in Department of Transportation Programs; as well as in accordance with the American Recovery and Reinvestment Act (ARRA). Please complete the Certification of Non-Discrimination by Consultants Form (included herein as ATTACHMENT 3), and submit as an attachment with each of your proposals. Further DBE requirements may be provided to consultants on a per project basis for applicable projects. INSURANCE REQUIREMENTS A Certificate of Liability Insurance and Additional Insured Endorsement for Commercial General Liability Policy Forms are enclosed for your reference as ATTACHMENT 4. Please refer to the Professional Consulting Services Agreement (ATTACHMENT 2) for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The certificate shall include the City and its officers and employees as insured or additional insured. PROFESSIONAL CONSULTING SERVICES AGREEMENT A Professional Consulting Services Agreement is enclosed for your review, as ATTACHMENT 2. The RFP and the Consultant's proposal will be attached and become part of the agreement as exhibits. Be prepared when submitting a proposal to approve the Professional Consulting Services Agreement in this Request for Proposals. COORDINATION Page 9 of 48 19H-11 The City will decide the manner in which the coordination of individual matters is undertaken. At the City's option, coordination efforts may be performed by the Consultant's direct contact, by the Consultant acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. RIGHT TO REJECT PROPOSALS 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. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to City shall become property of the City. TENTATIVE SCHEDULE The City's tentative schedule for this RFP is as follows: City Release RFP October 19, 2010 Proposal Due November 11, 2010 Estimated Contract Award December 6, 2010 PROPOSAL SUBMITTAL DEADLINE Proposals are due before 5:00 p.m. on Friday November 11, 2010 to the City of Santa Ana, Public Works Department, Third Floor, Attn: Souri Amirani, Deputy City Engineer, 20 Civic Center Plaza M-36, Santa Ana, CA 92701. ADDENDA Any subsequent changes in RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBILITIES The selected Consultant will be required to assume responsibilities for all services in his/her proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Agreement. DELAYS The City reserves the right to delay schedule dates if it is to the advantage of the City of Santa Ana. Page 10 of 48 19H-12 PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. RULES FOR PROPOSALS The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. REGULATIONS The selected Consultant shall be expected to comply with all applicable federal, state, city regulations, and contract provisions. ATTACHMENT 1 SCOPE OF WORK Page 11 of 48 19H-13 GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Qualifications (RFQ). • 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. • Real estate appraisers provided by the Consultant must be certified and a Member of the Appraisal Institute. • All acquisition agents and property managers, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • 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 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 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 Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents should be maintained and bound in appropriate project files. • The Consultant shall diligently work on each assignment and complete each task in Page 12 of 48 19H-14 accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspections by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested. • 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. Listed on the following pages are the Scope of Work for each Specialty Area. SCOPE OF WORK BY SPECIALTY AREA Page 13 of 48 19H-15 (A1) PROJECT MANAGEMENT SERVICES Project management and oversight services tasks may include: • Establishment of right of way requirements for road widening projects • Review accuracy of Right of way mapping and legal descriptions • Review Title reports and identify pertinent • Review and comment on Real estate appraisals • Review and comment on Fixtures and equipment appraisals • Review and comment on Loss of business goodwill appraisals • Review and comment on Environmental studies • Review and comment on Acquisition tasks such as offer packages • Monitor negotiations. • Review Relocation plan and monitor status of relocation and eviction efforts. • Monitor condition of City property and provide property management services • Prepare documentation for administrative settlements • Provide Condemnation support • Monitor Demolition activities • Prepare documentation for Right of way disposition • Attend meetings and present progress status reports to City staff • Manage sales activities on City owned property including: o Set-up procedure to sell surplus property o Assemblage of smaller parcels into marketable units o Market for sale properties via traditional and non-traditional methods (A2) REAL PROPERTY APPRAISAL SERVICES Consultant will provide appraisal services that include full and part take of residential property; commercial property; industrial property; easements; special use or zoned property; furniture, fixtures and equipment appraisals; review appraisals; and goodwill valuation. Appraisal Services shall be in accordance federal, state, and local regulations, policies, procedures and standards. Appraiser may perform the following tasks: • Real Estate Appraisals (full and partial takes) • Preparation of Appraisal Summary Statements to accompany City's Offer documents • Valuation of Agency's Landscape Setback requirements • Preparation of a detailed appraisal necessary for condemnation • Coordination with Fixtures and Equipment Appraisers • Coordination with Business Goodwill Appraisers • Communication with property owners • Prepare all necessary correspondence, letters and reports • Provide effective communication with engineers, planners, attorneys, and City staff Page 14 of 48 19H-16 • Comply with federal, state and local regulations • Create files and maintain all records • Provide condemnation consultations • Attend meetings/public hearings and conduct presentations • Provide expert witness testimony • Coordinate and review of Phase I and Phase II Environmental Studies (A3) FURNITURE, FIXTURES AND EQUIPMENT APPRAISAL SERVICES The Consultant shall complete work under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing: Budgetary Estimates of Fixtures and Equipment Values Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant's estimates of fixtures and equipment values will be based upon a "drive by" site inspection of the subject businesses, limited market research, and any publicly available data. In addition, the estimates take into consideration Consultant's experience in preparing fixtures and equipment appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant's results will be presented in a brief letter. Fixtures and Equipment Appraisals Consultant will provide a fully contained appraisal report, in triplicate, of the improvements pertaining to the realty and major movable equipment of each business appraised. The report will include an estimate of the fair market value in place and liquidation value of all appropriate items and will be prepared in conformance with Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210. (Compensation for losses in connection with movable personal property is included in the California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures will be guided by the Uniform Standards of Professional Appraisal Practice (USPAP). In preparing each comprehensive appraisal, Consultant will: inspect the business' facility; prepare an inventory of the improvements pertaining to the realty and major movable equipment; coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation; interview the business' owner/manager regarding the business' history, operations and tangible assets owned; and utilize generally accepted valuation methodology to determine the fair market value in place and liquidation value of the appropriate items owned by the business. (A4) BUSINESS GOODWILL APPRAISAL SERVICES Page 15 of 48 19H-17 The Consultant shall complete work under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing: Budgetary Estimates of Goodwill Loss Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant's estimates of goodwill loss will be based upon a "drive by" site inspection of the subject businesses, limited market research, and any publicly available data. In addition, these estimates will take into consideration Consultant's experience in preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant's results will be presented in a brief letter. Goodwill Loss Acquisition Appraisals During the early stages of property acquisition, Consultant can provide preliminary estimates of goodwill loss. Acquisition appraisals are based upon data, which may be provided by the business' ownership at its discretion. Such information may include: leases; background on the business provided via owner/management interviews; historical and prospective financial data; and information about proposed relocation sites. In addition, Consultant shall perform basic transactional research in light of our understanding of the business' operations and financial condition. Consultant will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, Consultant's analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill. The results of each acquisition appraisal study is presented in a brief report with attached schedules. Included within this document are the purpose of the assignment, the sources of information utilized, a brief description of the subject business and the valuation methods employed. Consultant will note any assumptions made in performing the analysis, as well as all information requested from the business' ownership, but not received, which, upon review by Consultant, may have an impact on the value conclusion. Real Property Appraisals • Obtain appraisals for each acquisition prepared in accordance with the State of California Laws and USPAP. • Review appraisal report and prepare an Appraisal Summary Statement. Furniture, Fixtures and Equipment Appraisals Inspect the business facility. Prepare separate inventories for the Fixtures & Immovable Equipment and Movable Personal Property. Coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation Page 16 of 48 19H-18 • Interview the business owner regarding the history, operation and tangible assets owned. • Prepare report utilizing accepted valuation methodology to estimate the replacement cost new, fair market value in place and salvage value of the appropriate items owned by each business operation. Review Appraisals (Required For Federally Funded Projects) • Coordinate, direct and obtain review appraisals in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and Caltrans guidelines. • Examine all appraisals and corresponding reports • Seek any corrections or revisions deemed appropriate. (A5) ACQUISITION, RELOCATION, AND PROPERTY MANAGEMENT SERVICES ACQUISITION SERVIES: Assist City staff with the coordination of all the various aspects of the real property acquisition process, ensuring all work will be performed in accordance with the public agency's policies and procedures and federal, state and local regulations. Acquisition tasks may include: • Meet with City staff to discuss assignments and procedures. • Perform the services required by the City with qualified personnel, equipment, materials, supplies, and management and administration services. • All personnel and subcontractors, referred to as "Approved Personnel", shall be approved by Agency, prior to providing services. There shall be no changes in the Approved Personnel without written concurrence of the City. • Prepare a schedule of major activities and milestones and provide an estimate of the cost to conduct proposed assignments including assignments to subcontractors. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. • Be responsible for the accuracy of work and promptly make all necessary revisions or corrections resulting from errors and omissions by Approved Personnel. • As deemed necessary by the City, meet with the City and other staff as requested. • Monitor and maintain all files to ensure overall project integrity. • Prepare and assemble the "Offer Package" using the format approved by the City. • Prepare and maintain a file for those properties assigned for acquisition by the City. • Present written purchase offers to property owners as directed by staff. • Meet on an ongoing basis with property owners or business tenants (or their appointed representatives) to coordinate and negotiate the purchase and sale transaction. • Supplement negotiations by obtaining and reviewing counter offers or demands from property owners, recommendations for settlements, coordinating with the agency to Page 17 of 48 19H-19 review and discuss all possible solutions and problems, including condemnation. • Prepare all acquisition agreements, deeds and other documents necessary to complete the acquisition. • In the course of acquisition process, provide all the necessary information and work with the relocation consultant in addition to the City staff member in order to expeditiously and professionally complete the project. • Obtain reconveyance and subordination agreements as necessary. • Maintain an accurate and current record of all-pertinent information and contacts concerning the property owners and tenants. • Assist City in condemnation support activities. RELOCATION SERVICES Provide a complete relocation assistance program to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25, California Code of Regulations, its amendments, and other pertinent laws and regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates, project area surveys and other specialized reports. Consultant's relocation services include, but are not limited to the following: Relocation Plan Consultant will prepare a Relocation Plan, in accordance with all requirements of State Law, State HCD Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with summary and statistical information regarding the impact of a project to potential displacees. Specifically, this report should concern the identification of potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to mitigate respective impacts. The Relocation Plan shall include: • Description of the proposed project and project location; • Assessment of needs; • Replacement housing resources; • Residential and commercial displacements; • Temporary housing (if applicable); • Program assurances and standards; • Relocation assistance program; • Citizen participation and plan review period; • Description of relocation benefits; • Eviction policies and procedures; • Appeals and grievance procedures; • Displacement schedule; • Estimated relocation costs. Page 18 of 48 19H-20 Residential Relocation Services shall include: • Prepare "Relocation Package" in accordance with City approved format. • Provide advisory services • Interview displaced persons • Distribute Relocation Packages in accordance with City staff directives. • Inform displaced persons of available relocation assistance, the relocation process and benefits. • Search for relocation sites and provide referrals of sites to displacees. • Prepare and distribute informational brochures and other required notices and documents. • Provide referrals and advice • Determine relocation eligibility and amount for relocation benefits. • Review entitlement packages in accordance with applicable rules and regulations. • Review requested moving entitlements. • Inspect replacement dwellings. • Thoroughly document all contacts with the displacee. • Prepare and transmit to the City all applicable invoices and relocation claim forms. • Prepare and deliver residential entitlement letters and other required documents. • Provide status reports to City staff. • Advise and update City staff on various aspects of state and federal relocation law. Business Relocation Services Consultant shall meet with owners of businesses within a reasonable time after the offer to purchase has been made and interview them to complete the Displacees Needs Questionnaire. Collect data regarding the type of business, work schedule, number of employees and the owner's proposed plans. Provide advisory assistance. • Determine potential eligibility for moving payments by reviewing eligibility criteria and case data. • Personally contact the displacees and present required forms and explain in detail the options for payment of reasonable moving expenses. • Extract from appraisal report information regarding improvements that have been acquired so as to eliminate them from consideration in determining moving expenses. • Review and approve the compilation of a certified personal property inventory. • Interview the displacee again to identify in detail displacee's needs, desires, and issues. • Summarize all interviews, contacts and contact attempts in diary for official record. • Provide assistance in locating a suitable replacement site. • Monitor the move as much as feasible to determine that all items are moved that should be moved and that no items are moved that were purchased during the acquisition of the property. • Collect supporting documents and submit payment of moving expenses. • Determine what expenses are necessary and eligible as reestablishment expenses. • Inspect the replacement property, obtain cost estimates, discuss the issues with the Page 19 of 48 19H-21 displacee, verify expenses and income and project next two years to assess whether increased operating costs will exist. • Determine eligibility for actual reasonable search expenses. • Determine eligibility for In-Lieu business payment, utilizing IRS tax returns and/or certified financial statements. • If Business Good-Will becomes an issue, an appraisal, or letter of exposure, may be required. • Arrange for a final walk-through inspection of the property. • Collect final supporting documentation, prepare final claim, prepare certification and close file. Construction and moving bid services Movers: • Conduct on site inventory and photos • Complete certified inventory and mover instruction form • Schedule and coordinate bids • Attend site inspection, if necessary • Review and compare bids Contractors: • Verify licensing • Prepare mover instruction form • Schedule and coordinate bids • Attend site inspection, if necessary • Review and compare bids • Evaluate for eligibility PROPERTY MANAGEMENT SERVICES Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide interim property management during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Duties will include: • Property Management Coordination • Acting as Property Management Liaison • Utility Coordination • Invoice Services • Security Services • Lawn Care Page 20 of 48 19H-22 • Facilitate Maintenance Services • Month-to-Month Occupancy Agreements • Collect Rent • Prepare Rental Agreements • Complete Vacancy of Unit Tasks • Disconnect Utilities • Coordinate Fencing Services • Secure Property • Eviction Coordination • Demolition Coordination (A6) ENVIRONMENTAL SERVICES Phase I Environmental Site Assessment 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 see that: reasonable attempts are made to interview the existing and former owners of the properties; a visual survey of the site and adjacent sites is made; reasonable attempts are made to contact local government officials regarding conditions in connection with the property; a review of site and area land use history is completed; and a review of site area for geology and subsurface/surface potential for pollutant transport from public sources. Review complete report to assure contents of inspections and interviews, site characteristics, record and historical review information and potential contamination issue, and conclusions and recommendations for any work required. Copies to be distributed to City file, City Attorney and Property Management consultant, if required, on the site. Phase II Environmental Site Assessment Review with City staff the Phase I ESA to determine the 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 recommendation to for additional environmental analysis. Distribute the Environmental Site Report and written recommendations to City staff and City Attorney's office. Demolition Asbestos & Follow Up Surveys Coordinate or assist the Property Management Consultant with the coordination and completion of asbestos and lead surveys. Coordinate distribution of these reports to applicable consultants. Perform a follow-up inspections before the beginning the demolition process. (A7) DEMOLITION SERVICES Contractor is responsible for demolishing improvements, including, but not limited to: foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any othertrade work done in conjunction with the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of Page 21 of 48 19H-23 completion should be submitted for City's files prior to the Contractor receiving payment. The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. Additional duties will include: • Asbestos abatement • Rat and/or vermin abatement M) SURVEYING AND MAPPING SERVICES The work, in general, consists of performing digital mapping by photogrammetric methods as well as surveying for arterial streets. In addition, City may need consultant services for legal description preparation. • Provide survey services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross-sections, intersection grids, centerline determination, digital terrain models (.dtm), right of way determination, and the preparation of legal descriptions with exhibits. • Generate a computer drawing in Microstation V8 format showing survey per the attached City of Santa Ana CADD Standards as well as the sample survey drawing on the City of Santa Ana website listed below: • All survey needs to be prepared to the satisfaction of the City's Senior Surveyor and meet the following standards: o Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. o Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. o Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. o With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. o Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. Page 22 of 48 19H-24 o At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. • All City CADD standards as well as Microstation configuration files are located at: http://www.santa-ana.or-g/pwa/EngineeringServices.asp Page 23 of 48 19H-25 19H-26 SAMPLE AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES ATTACHMENT 2 THIS AGREEMENT, made and entered into this day of , 20 by and between , a California (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of 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 provide services as set forth in Exhibit A. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by assigned Consultant personnel hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant assigned personnel shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. Page 24 of 48 19H-27 In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $ , during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing service provided in the previous month, subject to City accounting procedures. The invoice shall include the temporary employee's name, billing rate and number of hours worked. A copy of the timesheet(s) for the billing period shall be attached. 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. 5. TERM This Agreement shall commence on the date first written above and terminate on , unless terminated earlier in accordance with Section 14, below. The term may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant and its assigned personnel shall, during the entire term of this Agreement, be construed to be independent contractors and not employees 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 and its assigned personnel 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 25 of 48 19H-28 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, Page 26 of 48 19H-29 agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their 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. 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 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. 9. CONFIDENTIALITY If Consultant or its assigned personnel receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. 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. 11. 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 telefacsimile 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, California 92702-1988 Page 27 of 48 19H-30 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director Public Works Agency and To Consultant: City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-5622 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 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 telefacsimile, 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. 12. 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 nor 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 are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the Page 28 of 48 19H-31 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. 14. 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 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. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 17. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS Page 29 of 48 19H-32 a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. WORK PRODUCT All work product prepared by Consultant pursuant to this Agreement shall be the property of the City and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Consultant shall submit all work product to City in hard copy and produced in a form compatible with City's computer system, as agreed between the City and Consultant. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA: DAVID N. REAM City Manager CONSULTANT (NAME) Title Tax ID# ATTACHMENT 3 CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; Page 30 of 48 19H-33 that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAM I PRINTED NAME TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. ATTACHMENT 4 Page 31 of 48 19H-34 AC W. CERTIFICATE OF LIABILITY INSURANCE _ __ 01,31J2001 .Y AND CONFERS wo views .DER. THIS CERTIFICATE DOES INSURERS AFFORDING COVERAGE INSURER A: INSURrR D I nt HvLAats Lw INSLJHJw ;t L151ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTVWTHSTANDNJG . ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITION S OF SUCH POLICIES.. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RPM Ir.Fn FLY PAIn C..LANAAS, NM TYPE OF MMttNANCE POLICY "Lou" PDLLCY TIME POLICY ETOSTAi1ON -LIMITS GENERAL LIASNLm ' X111111111 01/0112001 0110112662 EAC!1OCCuRREVCL s 1.000,000 x CDUMERCIAL GENERAL LIABILITY i I FIRE DAMAGE iAny ane 5m} T 5 _ 50,000 «LAAK3 AIDE X : OCCUR I NEU E%P ORa t j S S,ODD -?. -.--- - { PERSONAL A ADY INJURY 5 1.000,000 -- GENERA. AGGREGATE __It 2,000,0,)0 GENT A[.pREOATE LIMIT APPL0.5 PER : plt0Dl1CT5•COHAP'OPAGG i E 2,000,900 POLIGr ! Pkn I NOW IEM i { AWOOMOR" LIASMAY i X222222222 0110V2,)01 0110112902 I X i ANY -,UTO COMBINED SIIOLE LIMIT I IEa aPatlenlt E 1,090.000 ALL OWNED AUTOS SCHEDJLEDAU10S BODILY INJURY { (PHxr Ptrannj . E i HIRED AUTOS -- ` ' NON WW-O AUTOS eODI.Y SuURY (ppr accbHnq E j P CCJ? DAMAGE S ? SEE ATTACHED ADDITIONAL ,GARADE LNA1111M AUTO DNLY • EA ACCIDENT :: S A?YAL>rO INSURED ENDORSEMENT AD ^ A FA . , E OT/IERTH N AUTO ONLY -T ADC? . ncal S LNSSJTY ? ? f:ACILOCCURRENCE E OCCUR ? CLAIMSMAOE COVERAGES DEPEND ON TYPE ' MdGRECJ TE E OF AGREEMENT/CONTRACT E - DE°DCTIBLE E i RETENTION ?C 4 TpNAND XXX3333a3333 01101/2001 9110112002 x I w siA i;" ° v n __. E.L EACH ACCIOENT _ „ S 1000.000 C.L USFAS6.-. EA EMPLOYEE S 1000,900 Y ru1T POU` 1.000,906 DTHIEN I PL444444 Profesannal Liability 01101!2001 01/0112002 EaGI Gccwrence ! I I 1_pp6,066 OESCRWT" OF OPERATKMWLOCATIONSNW #HCLKSAXCLUSX*M ADDED BY iNDORSS&* AW=IAL rlt4yygly Certificate Holder is additional Maured per aflached. Project No CERTIFICATE Atli nd:R 6 W..e...-...-..Y_._? _ SNOUtD ANY OF THE ABOVE 099CPAM POUCHES DE CANC HARD SSFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE MUM MSIUMP WILL MMAVOR TO MAIL 30 DAYS WMrrLW 20 Civic Center Plaza -Ross Annex (M- ) NOTCE TO THE COMWATE MU" NAILED TO TIRE LEFT. SUIT FAILURE TO 00 SO SHALL Santa Ana, CA 92701 ?D'E NO oaL+BJ1TroN OR LlAanrrtr of ANY UM LION THE IMINRER. ITS AGENTS OR AUTHORIZED IEPIESCWTATM ACORD 2-&A (71071 CO ACORD CORPORATION 1986 ADDITIONAL INSURED ENDORSEMENT Page 32 of 48 19H-35 FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insured's ("additional insured's") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured's. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured's, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Named Insured Countersigned by Authorized Representative this endorsement form as a part of EXHIBIT A Page 33 of 48 19H-36 Page 1 of 1 Right of Way Consulting and Related Services PART I - LIST OF KEY PERSONNEL Names Functions PART II - LIST OF SUBCONSULTANT/SUBCONTRACTORS Subcontractor Name/Address I Function EXHIBIT B Page 34 of 48 19H-37 19H-38 Page 1 of 2 Right of Way Consulting and Related Services PRICE SUMMARY SHEET SCHEDULE I -- HOURLY RATES Name Job Title/ Job Function Fully Burdened Classification Hourly Rate* ruiiy tsuraenea-- rates inciuae all overhead, general costs, administration costs and profit. EXHIBIT B Page 35 of 48 19H-39 Page 2 of 2 SCHEDULE II ---- OTHER DIRECT COSTS TYPE OF COST UNIT OF MEASURE UNIT RATE 1. I acknowledge receipt of RFP and Addenda No. (s) 2. This offer shall remain firm for of proposal COMPANY NAME days (MINIMUM OF 180) from the date ADDRESS TELEPHONE SIGNATURE OF PERSON AUTHORIZED TO BIND CONSULTANT NAME AND TITLE DATE SIGNED DISADVANTAGED BUSINESS ENTERPRISE EXHIBIT D Page 36 of 48 19H-40 REQUIREMENTS AND INSTRUCTIONS 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "Underutilized Disadvantaged Business Enterprise" or "UDBE" is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: o Black American o Asian-Pacific American o Native American • The term "bidder" also means "proposer" or "offerer." • The term "Agreement" also means "Contract." • The term "Agency" also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Offerer should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Offerer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Offerer's are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF UDBE AND DBE INFORMATION "Enclosure 4a" Local Agency Proposer UDBE (Consultant Contract) Commitment" If there is a UDBE goal on the contract, a "Local Agency Proposer UDBE (Consultant Contract) Commitment" form shall be included in the Request for Proposal. In order for an Offerer to be considered responsible and responsive, the Offerer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the bidder/proposer must document adequate good faith efforts. Only UDBE participation will be counted towards the contract goal; however, all DBE participation shall be collected and reported. EXHIBIT D Page 37 of 48 19H-41 "Enclosure 4b" Local Agency Proposer DBE (Consultant Contract) Information" (Successful Offerer Only) A "Local Agency Proposer DBE (Consultant Contract) Information" form shall be included with the Request for Proposal. The purpose of the form is to collect data required under 49 CFR 26. For contracts with UDBE goals, this form collects DBE participation by DBEs owned by Hispanic American and Subcontinent Asian Americans. For contracts with no goals, this form collects information on all DBEs, including UDBEs. Even if no DBE participation will be reported, the Offerer must execute and return the form. "Enclosure 4c" Bidders List The U.S. Department of Transportation (DOT) requires the Authority to create and maintain a "Bidders List" containing information about all firms (DBE and non-DBE) that bid, propose or quote on the Authority's DOT-assisted contracts, in accordance with 49 CFR Part 26.11, for use in the Authority's overall annual DBE goal-setting process. Therefore, the Offerer shall provide the requested information for every firm who submitted a bid, proposal or quote, including the primary Offerer, whether successful or unsuccessful in their attempt to obtain a contract: a. Firm name; b. Firm address; c. Firm's status as a DBE or non-DBE; d. Age of the firm; e. Type of services provided by the firm; and f. Range of annual gross receipts for the last year. The "Bidders List" information must be submitted on Enclosure 4c and should be included with the proposal submittal; however, in the event that the referenced Exhibit is not included, the Exhibit shall be submitted to the Authority no later than 48 hours following proposal submission due date and timeline for the Offerer to be deemed responsive. Page 38 of 48 19H-42 4. DBE PARTICIPATION GENERAL INFORMATION EXHIBIT D It is the Offerer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's (California Department of Transportation) DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A UDBE bidder, not bidding as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The bidder is a UDBE and will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by UDBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55; that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in their bid/proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors G. An Offerer who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non-DBE subcontractors. Page 39 of 48 19H-43 5. RESOURCES EXHIBIT D A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Bidder/Proposer may call (916) 440-0539 for web or download assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http://www.dot.ca.gov/hq/bep/ . -Click on the link in the left menu titled Find a Certified Firm • Click on Query Form link, located in the first sentence • Click on Certified DBE's (UCP) located on the first line in the center of the page -Click on Click To Access DBE Query Form -Searches can be performed by one or more criteria -Follow instructions on the screen "Start Search," "Requery," "Civil Rights Home," and "Caltrans Home" links are located at the bottom of the query form C. How to Obtain a List of Certified DBEs without Internet Access DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the on-line database. A copy of the directory of certified DBEs may be ordered from the Caltrans Division of Procurement and Contracts/Material and Distribution Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445-3520. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE CREDIT, AND IF A DBE IS ALSO A UDBE, PURCHASES WILL COUNT TOWARDS THE UDBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count one hundred percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies are purchased from a DBE regular dealer, count sixty percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. Page 40 of 48 19H-44 EXHIBIT D C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not an ad hoc or Agreement-by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not UDBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services 7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBES WILL COUNT TOWARDS DBE CREDIT, AND IF A DBE IS A UDBE, CREDIT WILL COUNT TOWARDS THE UDBE GOAL, UNDER THE FOLLOWING CONDITIONS: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Agreement, and there cannot be a contrived arrangement for the purpose of meeting the UDBE goal. B. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement Page 41 of 48 19H-45 E. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this Section D, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Page 42 of 48 19H-46 EXHIBIT D Local Agency Proposer UDBE Commitment (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS AGENCY: LOCATION: PROJECT DESCRIPTION: CONTRACT GOAL: $ PROPOSAL DATE: PROPOSER'S NAME: NAME OF UDBEs (Must be WORK ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED DBE Cert. No. AND EXPIRATION DATE certified on the date the proposals are opened - include UDBE address and phone PERCENTAGE AMOUNT OF EACH UDBE number For Local Agency to Complete: Local Agency Contract Number: Total Claimed Participation Federal Aid Project Number: Federal Share: Proposal Award Date: Local Agency Q $ certifies that the UDBE certification(s) has been verified and all information is complete and accurate. po Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: For Caltrans Review: Signature of Proposer Print Name Signature Date Caltrans District Local Assistance Engineer Date (Area Code) Tel. No. Local Agency Bidder - UDBE Commitment (Rev 3/09) Page 43 of 48 19H-47 Local Agency Proposer DBE Information (Consultant Contracts) SUCCESSFUL PROPOSER ONLY PLEASE NOTE: It is the proposer's responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian-Pacific American; 3) Native American; 4) Women. This information shall be submitted with your proposal. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian-Pacific American 3. Native American 4. Women The form requires specific information regarding the consultant contract: Agency, Location, Project Descriptions, Federal Aid Project Number (assigned by Caltrans-Local Assistance), Proposal Date, Proposer's Name, and Contract Goal. The form has a column for the Work Item Number (or Item No's) and Description or Services to be Subcontracted to UDBEs. The UDBE should provide a certification number to the Consultant. Notify the Consultant in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of certified UDBEs to perform the work (must be certified on the date proposals are received and include UDBE address and phone number). Enter the UDBE prime consultant and subconsultant certification numbers. Prime consultants shall indicate all work to be performed by UDBEs including, if the prime consultant is a UDBE, work performed by its own forces. There is a column for the total UDBE percentage. Enter the Total Claimed UDBE Participation percentage of items of work submitted with the proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See Notice to Bidders/Proposers Disadvantaged Business Enterprise Information to determine how to count the participation of UDBE firms. Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit H-1 must be signed and dated by the consultant proposing. Also list a phone number in the space provided and print the name of the person to contact. For the Successful Proposer only, local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15-day time period may result in the de- obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. INSTRUCTIONS - LOCAL AGENCY PROPOSER- UDBE COMMITMENT ALL PROPOSERS Enclosure 4a Page 2 of 2 Page 44 of 48 19H-48 Enclosure 4b Page 1 of 2 NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY: LOCATION: PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT:$ PROPOSAL DATE: PROPOSER'S NAME: CONTRACT ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED DBE Cert. No. AND EXPIRATION DATE NAME OF DBEs (Must be certified on the date bids are opened - include DBE address PERCENTAGE OF DBE and hone number For Local Agency to Complete: Local Agency Contract Number: Total Claimed Participation Federal Aid Project Number: Federal Share: Contract Award Date: Local Agency $ certifies that the DBE certification(s) has been verified and all information is complete and accurate. % Print Name Signature Date Local Agency Representative Area Code) Telephone Number: For Caltrans Review: Signature of Proposer Print Name Date Signature Date Caltrans District Loc (Area Code) Tel. No. al Assistance Engineer Local Agency Bidder - DBE Commitment(Rev 3/09) Distribution: (1) Copy - Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de-obligation of funds for this project. (2) Original - Local agency files Page 45 of 48 19H-49 INSTRUCTIONS - LOCAL AGENCY PROPOSER DBE INFORMATION SUCCESSFUL PROPOSER: The form requires specific information regarding the consultant contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans-Local Assistance), Proposal Date, and Successful Proposer's Name. The form has a column for the Description or Services to be Subcontracted by DBEs. The DBE should provide a certification number to the prime consultant. The form has a column for the Names of DBE certified consultants to perform the work (must be certified on the date the proposal is received and include DBE address and phone number). Enter DBE prime consultant's and subconsultants' certification numbers. The prime consultant shall indicate all work to be performed by DBEs including, if the prime consultant is a DBE, work performed by its own forces. Enter the Total Claimed DBE Participation percentage of items of work in the total DBE Dollar Amount column. (If 100% of item is not to be performed by the DBE, describe the exact portion of time to be performed by the DBE.) See Notice to Proposers/Bidders Disadvantaged Business Enterprise Information to determine how to count the participation of DBE firms. Exhibit H-2 must be signed and dated by the successful proposer at contract execution. Also list a phone number in the space provided and print the name of the person to contact. For the successful proposer, local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15- day time period may result in the de-obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Page 46 of 48 19H-50 DProvide the following information for every firm (DBE and non- • assisted project, whether Firm m Name: DBE) attempt Iobtain a contract.- Phone: () - - Firm Address: FAX: ( ) - - Type of work/services/materials provided: Number of years in business: Contact Person: Title: Is the firm currently certified as a DBE under 49 CFR Part 26? Yes .No . Check the box below for your firm's annual gross receipts last year: DBE Certification Eligibility (place an "X"): African American -Asian Pacific American -Native American Less than $1 million -Woman -Hispanic American -Subcontinent Asian American Other Less than $5 million Less than $10 million Less than $15 million More than $15 million Firm Name: Phone: ()- " Firm Address: FAX: ( ) - - Number of years in business: Type of work/services/materials provided: Contact Person: Title: Is the firm currently certified as a DBE under 49 CFR Part 26? Yes .No . Check the box below for your firm's annual gross receipts last year: DBE Certification Eligibility (place an "X"): African American -Asian Pacific American -Native American W Hi i A i Less than $1 million - oman - span c mer can -Subcontinent Asian American Other Less than $5 million Less than $10 million Less than $15 million More than $15 million Page 47 of 48 19H-51 BIDDERS LIST Bidder/Offerer: IFB/RFP No.: THE DEPARTMENT OF TRANSPORTATION REQUIRES THE AUTHORITY TO CREATE AND MAINTAIN A "BIDDERS LIST" CONTAINING INFORMATION ABOUT ALL FIRMS (DBE AND NON-DBE) THAT BID, PROPOSE OR QUOTE ON THE AUTHORITY'S DOT-ASSISTED CONTRACTS, IN ACCORDANCE WITH 49 CFR PART 26.11. THE "BIDDERS LIST" IS INTENDED TO BE A COUNT OF ALL FIRMS THAT ARE PARTICIPATING, OR ATTEMPTING TO PARTICIPATE, ON DOT- ASSISTED CONTRACTS, WHETHER SUCCESSFUL OR UNSUCCESSFUL IN THEIR ATTEMPT TO OBTAIN A CONTRACT. The Bidder/Offerer is to complete all requested information on Form H-3: "Bidders List" for every firm who submitted a bid, proposal or quote, including the primary Bidder/Offerer, and submit this information at the time of bid submission. However, if not elected to do so at the time of bid submission, Bidders/Offerers must submit such information at the request of the Authority within the prescribed timeline set forth in the solicitation. The AUTHORITY will utilize this information to assist in the AUTHORITY's overall annual DBE goal-setting process. Name of Prime's Firm: Phone: ( ) - Firm Address: FAX: () - Type of work/services/materials provided: Number of years in business: Contact Person: Title: Is the firm currently certified as a DBE under 49 CFR Part Check the box below for your firm's annual gross 26? No Yes. receipts last year: Less than $1 million DBE Certification Eligibility (place an "X"): African Asian Pacific American Less than $5 million American -Native -Woman Less than $10 million American -Hispanic American -Subcontinent Asian American Less than $15 million Other More than $15 million Enclosure4c Page 2 of 2 Page 48 of 48 19H-52