HomeMy WebLinkAbout25D - AGMT - PRE-PRELIMINARY ENGINEERING ANALYSISREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2011
CLERK OF COUNCIL USE ONLY:
TITLE APPROVED
AGREEMENT WITH CORDOBA ? As Recommended
CORPORATION FOR STEP 2 ?
As Amended
Ordinance on 1s` Reading
PRE-PRELIMINARY ENGINEERING ? Ordinance on 2"d Reading
ANALYSIS (PROJECT 092505) ? Implementing Resolution
Set Public Hearing For_
CITY MANAG
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
Cordoba Corporation in an amount not to exceed $491,736 to prepare the Pre-Preliminary
Engineering Analysis for the Santa Ana and Garden Grove Fixed Guideway Project, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
On March 7, 2011, the City Council authorized staff to execute a cooperative agreement with the
Orange County Transportation Authority (OCTA) in an amount not to exceed $5,541,700 for Pre-
Preliminary Engineering (Pre-PE) and Preliminary Engineering (PE) activities for the Santa Ana-
Garden Grove Fixed Guideway Project. The cooperative agreement with OCTA defined the roles
and responsibilities related to funding and project delivery between OCTA and Santa Ana, the
Lead Agency, for Pre-PE and PE activities consistent with Measure M2 as well as federal
guidelines and requirements.
Prior to entering PE, there are certain project development activities that need to be completed to
satisfy Federal Transit Administration (FTA) requirements. Such activities include the
development of project and fleet management plans, a detailed ridership, and cost analyses.
These tasks were not included as part of the Go Local Step 2 grant award or scope of work.
Consequently, on April 18, 2011, the City Council authorized the Public Works Agency to issue a
Request for Proposals (RFP) to qualified consulting firms to prepare Pre-PE analyses to satisfy
FTA requirements.
The RFP was issued on April 22, 2011. In addition to being posted on the City's website, it was
also advertised in the Orange County Register and Orange Reporter and published in Integrated
Management System's Architectural and Engineering (A&E) newsletter. The City hosted a pre-
proposal meeting on May 18, 2011. Representatives from seven A&E firms attended the pre-
proposal meeting. Proposals were due on June 1, 2011. One team submitted a proposal. The
team is led by Cordoba Corporation and includes Sheils, Obletz, Johnsen, Inc. (SOJ); URS
Corporation; Leon Skiles & Associates, Inc.; E.D. Hovee & Company, LLC; Cambridge
Systematics; and John Parker Consulting, LLC. This multidisciplinary team includes several firms
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Agreement for Step 2 Pre-preliminary
Engineering Analysis (Project 092505)
August 1, 2011
Page 2 of 2
which have successfully completed the tasks included in the Pre-PE scope of work and, thereby,
helped to gain federal funding for streetcar systems in Portland and Seattle. Both URS and
Cordoba Corporation are Santa Ana-based firms.
The fact that the City received only one proposal is not surprising given the highly specialized
nature of the work required to complete the Pre-PE analysis. However, in compliance with federal
procurement policies, follow-up calls were placed to each of the firms that attended the pre-
proposal meeting but chose not to submit a proposal. Exhibit 1 is a summary of the information
they provided, which will be shared with OCTA and FTA.
Consistent with federal procurement policies, a detailed review of the cost proposal submitted bytheCordoba/SOJ team was also conducted by members of the City's transit program team and byOCTA's Go Local project management oversight team. The contract amount included in the
attached agreement (Exhibit 2) reflects the price that was negotiated with Cordoba Corporation
following the detailed review.
The Pre-PE analysis is anticipated to take approximately six months and will be prepared
simultaneously with the final tasks of the ongoing conceptual engineering and environmental
analysis tasks. Staff will return to the City Council with an update on the Fixed Guideway Project
early next year.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
On November 22, 2010, the OCTA Board allocated federal Section 5307 formula funds and
Measure M2 funds to the City of Santa Ana for the Pre-PE Analysis. Funds are available in
Measure M Street Construction (accounting unit 03217660-66220 project 092505)J
Raul Godinez II
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
RG:DB
Exhibits: 1. Memo
2. Agreement
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Memo
June 30, 2011
To: Raul Godinez, Executive Director, Public Works Agency, City of Santa Ana
From: Cindy Krebs, Contract Transit Program Manager
Subject: Calls to Firms That Attended the Santa Ana-Garden Grove Fixed Guideway
Project Pre-Preliminary Engineering Pre-Proposal Meeting
I have had the opportunity to talk with representatives from all but one of the firms that
attended the pre-proposal meeting for the Santa Ana-Garden Grove Fixed Guideway
Project Pre-Preliminary Engineering Pre-Proposal Meeting on May 18, 2011 but chose
not to submit a proposal. A summary of the information they shared with me is providedbelow:
Diaz Yourman - Tried to team; no interest from other firms they contacted. Didn't think
they'd be in strong position to lead. Attended meeting to gain more information about the
project.
APA Engineering - Lack relevant experience. Were hoping to team but weren't
successful. Believed current team had the advantage for the next phase.
Iteris, Inc - Not geared to prime. Didn't find an opportunity to team with another firm.
Harris & Associates - Not qualified to prime. Didn't find another firm to team with.
Tait & Associates - Attended meeting to learn more about the project. Didn't find
anyone to partner with; meeting turnout was low. Said, "The team that had the inside
track was present."
DEA - I tried to contact the representative from DEA several times by phone. I never
received a response to any of the messaged I left.
EXHIBIT 1
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AGREEMENT FOR PROVISION OF
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this I` day of August, 2011 by and between
Cordoba Corporation, a California corporation (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. City desires to retain a consultant having special skill and demonstrated knowledge in preparingthefollowingdocumentsrequiredbytheFederalTransitAdministration (hereinafter "FTA") for
projects seeking New Starts or Small Starts funding:
1. New Starts Templates and Applications
2. Project Management Plans consistent with 49 USC 5327 and 49 CFR 633
3. Safety and Security Management Plans in accordance with FTA Circular C 5800.1
4. Draft Fleet Management Plans consistent with FTA Circular 9030.11)
5. Quality Management Plans consistent with FTA's Quality Assurance and Quality Control
Guidelines (February 2002)
6. Real Estate Management Plans which fully comply with 49 CFR Part 24 and FTA's
Model for Development of a Real Estate Management Plan"
7. Investment Grade Ridership Forecasts
8. FTA Summit Analyses using FTA Summit software
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 Agreementwillbeperformedincompliancewithsuchstandardsasmayreasonablybeexpectedfroma
professional consulting firm in the field.
NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Scope of Work. Consultant shall prepare the Pre-Preliminary Engineering Analysis studies
for the Santa Ana-Garden Grove Fixed Guideway Project. Said services shall be provided as set forth in
City's Request for Proposals 11-025, attached hereto as Exhibit A and incorporated by reference, and
Consultant's Proposal dated June 1, 2011, attached hereto as Exhibit B and incorporated by reference.
b. Time for Performance. Consultant shall perform and complete all services as may be
requested pursuant to the Scope of Work in a timely and expeditious manner. Consultant shall performsuchservicesinaccordancewiththescheduleswhichConsultantandCitymaymutuallyagreeastoanyparticulardeliverable, study, job or analysis. In the event that Consultant determines that a proposedscheduleforworkasrequestedbytheCityisnotpossibleorachievable, Consultant shall immediately
Exhibit 2
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notify the City's Representative, in writing and seek modifications. No extension of time shall be
accepted unless it is evidenced in a writing executed by each Party's Representative.
C. Notice to Proceed. Consultant acknowledges and agrees that this project will be fundedthroughFederalfunds, and that said funding is contingent on approval ofthe Project by the FederalTransitAdministration (FTA), and FTA allocation of funds to the Project. Further, said funds are
provided through the Orange County Transportation Authority on a pass-through basis. Consultant shall
not commence services until it receives a written Notice to Proceed (NTP) executed by the ExecutiveDirectorofPublicWorks. Said NTP is contingent on 1) City's receipt of FTA approval of the Project andappropriationofFTAfundsforcompletionoftheSantaAna-Garden Grove Fixed Guideway Project Pre-Preliminary Engineering Analysis or 2) allocation of alternative funds by the Orange CountyTransportationAgency, in an amount to fully fund the Project. If the FTA does not authorize funding forsaidProject, and OCTA does not provide alternative funds, the City may terminate this Agreement, as setforthinSection16, below.
d. Consultant acknowledges that the project will be funded in part through funds administered
by the Federal Transit Administration and the Orange County Transportation Authority and agrees tocomplywithallfederalrequirementsassetforthinExhibitD.
2. REPRESENTATIVES
a. For purposes of implementing this Agreement, the representative of City shall be theExecutiveDirectorofthePublicWorksAgency, or his designated representative, and the representativeoftheConsultantshallbeCatherineHigleyorherdesignatedrepresentative. Except as may be otherwisestatedherein, such representatives shall have the authority to act on behalf of their respective parties in
carrying out the terms of this Agreement.
b. Consultant shall assign the appropriate key personnel to perform the services required by thisAgreement, as set forth in Consultant's Proposal. Consultant shall maintain the Project ManageridentifiedinitsProposal, and approved by the City.
OWNERSHIP OF REPORTS AND DOCUMENTS
a. The originals of all letters, documents, reports and other products and data produced underthisAgreementshallbedeliveredto, and become the property of City. Copies may be made forConsultant's records but shall not be furnished to others without written authorization from City. SuchdeliverablesshallbedeemedworksmadeforhireandallrightsincopyrightthereinshallberetainedbyCity.
b. All ideas, memoranda, specifications, plans, manufacturing, procedures, drawings,descriptions, and all other written information submitted to Consultant in connection with the
performance of this Agreement shall not, without prior written approval of City, be used for any purposesotherthantheperformanceunderthisAgreement, nor be disclosed to an entity not connected with theperformanceoftheproject. Consultant shall comply with City's policies regarding such material.
c. No copies, sketches, computer graphics or graphs, including graphic artwork, are to bereleasedbyConsultanttoanyotherpersonoragencyexceptafterpriorwrittenapprovalbyCity, exceptasnecessaryfortheperformanceofservicesunderthisAgreement. All press releases, including graphicdisplayinformationtobepublishedinnewspapers, magazines, etc., are to be handled only by City unlessotherwiseagreedtobyConsultantandCity.
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4. FINISHED AND PRELIMINARY DATA
All of Consultant's finished technical data, including but not limited to illustrations, photographs,tapes, software, software design documents, including without limitation source code, binary code, allmedia, technical documentation and user documentation, photoprints and other graphic informationrequiredtobefurnishedunderthisAgreement, shall be City's property upon payment and shall befurnishedwithunlimitedrightsand, as such, shall be free from proprietary restriction except as elsewhereauthorizedinthisAgreement. Consultant further agrees that it shall have no interest or claim to suchfinished, City-owned, technical data; furthermore, said data is subject to the provisions of the Freedom ofInformationAct, 5 USC 552.
5. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the ratesandchargessetforthinConsultant's Fee Proposal, attached hereto as Exhibit C, and incorporated by thisreference. The total sum to be expended pursuant to this Agreement shall not exceed $491,736.24 duringthetermofthisAgreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoiceevidencingworkperformed, subject to City accounting procedures. The invoice shall include a detailedbreakdownoftheservices, the tasks, the hours, and hourly rates. It should be noted that no more than 90percentofthetotalpaymentamountwillbemadepriortothefinalcompletionandapprovalofallworkanddeliveryoffinaldeliverables.
6. TERM
This Agreement shall commence on the date first written above and terminate on June 30, 2012,unless terminated earlier in accordance with Section 15, below. The term of this Agreement may beextendedbyawritingexecutedbytheExecutiveDirectorofPublicWorksandtheCityAttorney.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independentcontractorandnotanemployeeoftheCity. This Agreement is not intended nor shall it be construed tocreateanemployer-employee relationship, a joint venture relationship, or to allow the City to exercisediscretionorcontrolovertheprofessionalmannerinwhichConsultantperformstheserviceswhicharethesubjectmatterofthisAgreement; however, the services to be provided by Consultant shall beprovidedinamannerconsistentwithallapplicablestandardsandregulationsgoverningsuchservices.Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance andsimilartaxesrelatingtoemployeesandshallberesponsibleforallapplicablewithholdingtaxes.
8. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain andshallrequireitssubcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant and its subcontractors shallmaintaincommercialgeneralliabilityinsurancewhichshallinclude, but not be limited to protectionagainstclaimsarisingfrombodilyandpersonalinjury, including death resulting therefrom and damage toproperty, resulting from any act or occurrence arising out of Consultant's operations in the performanceofthisAgreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
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subcontractors, agents, employees or other persons acting on its behalf. City may make all reasonabledecisionswithrespecttoitsrepresentationinanylegalproceeding.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information isreasonablyunderstoodtobeconfidentialand/or proprietary, Consultant agrees that it shall not use ordisclosesuchinformationexceptintheperformanceofthisAgreement, and further agrees to exercise thesamedegreeofcareitusestoprotectitsowninformationoflikeimportance, but in no event less thanreasonablecare. "Confidential Information" shall include all nonpublic information. Confidentialinformationincludesnotonlywritteninformation, but also information transferred orally, visually,electronically, or by other means. Confidential information disclosed to either party by any subsidiaryand/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use andnondisclosureshallnotapplytoanyinformationthat (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 rightfulpossessionoftheConsultantwithoutanobligationofconfidentiality; (d) is required to be disclosed byoperationoflaw; or (e) is independently developed by the Consultant without reference to informationdisclosedbytheCity.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct orindirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shallbeinwritingandshallbedeemedtobeproperlygivenifdeliveredinpersonormailedbyfirstclassorcertifiedmail, postage prepaid, or sent by facsimile or other telegraphic communication in the mannerprovidedinthisSection, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
and
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile 714- 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
25D-9
Santa Ana, California 92702
facsimile 714- 647-6515
To Consultant: Cordoba Corporation
Catherine Higley
2677 N. Main Street, Suite 240
Santa Ana, California 92705
facsimile 714-558-8467
A party may change its address by giving notice in writing to the other party. Thereafter, anycommunicationshallbeaddressedandtransmittedtothenewaddress. If sent by mail, communicationshallbeeffectiveordeemedtohavebeengiventhree (3) days after it has been deposited in the UnitedStatesmail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent byfacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours afterthetimesetforthonthetransmissionreportissuedbythetransmittingfacsimilemachine, addressed as setforthabove. For purposes of calculating these time frames, weekends, federal, state, County or Cityholidaysshallbeexcluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City andConsultant, and supersedes any and all other agreements, oral or written, between the parties. In the eventofaconflictbetweenthetermsofthisAgreementandanyattachmentshereto, the terms of thisAgreementshallprevail. This Agreement may not be modified except by written instrument signed bytheCityandbyanauthorizedrepresentativeofConsultant. The parties agree that any terms or conditionsofanypurchaseorderorotherinstrumentthatareinconsistentwith, or in addition to, the terms andconditionshereof, shall not bind nor obligate either Consultant or the City. Each party to this Agreementacknowledgesthatnorepresentations, inducements, promises or agreements, orally or otherwise, havebeenmadebyanyparty, or anyone acting on behalf of any party, which are not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior writtenconsentoftheCityandanysuchassignment, transfer, delegation or subcontract without the City's priorwrittenconsentshallbeconsiderednullandvoid. Nothing in this Agreement shall be construed to limittheCity's ability to have any of the services which are the subject to this Agreement performed by CitypersonnelorbyotherconsultantsretainedbyCity.
15. TERMINATION
a. This Agreement may be terminated by the City upon thirty (30) days written notice oftermination. In such event, Consultant shall be entitled to receive and the City shall pay ConsultantcompensationforallservicesperformedbyConsultantpriortoreceiptofsuchnoticeoftermination, subjecttothefollowingconditions:
1. As a condition ofsuch payment, the Executive Director may require Consultant to deliver totheCityallworkproductscompletedasofsuchdate, and in such case such work product shall be thepropertyoftheCityunlessprohibitedbylaw, and Consultant consents to the City's use thereof for suchpurposesastheCitydeemsappropriate. However, any use of unfinished work product shall be at City's solerisk.
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2. Payment need not be made for work which fails to meet the standard of performancespecifiedintheRecitalsofthisAgreement.
b. City may terminate this Agreement for Consultant's default if a federal or state proceeding forthereliefofdebtorsisundertakenbyoragainstConsultant, or if Consultant makes an assignment for thebenefitofcreditors, or if Consultant breaches any term(s) or violates any provision(s) of this Agreementanddoesnotcuresuchbreachorviolationwithinten (10) calendar days after written notice thereof byCity. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such
default, including but not limited to reprocurement costs of the same or similar services defaulted byConsultantunderthisAgreementexceptthat, Consultant shall not be liable for any costs exceeding the
amount of total compensation payable under this Agreement to Consultant by the City, as identified inExhibitC.
c. If the Federal Transit Administration does not fully fund the Project, or if after
commencement of said Project, funding is terminated by FTA or OCTA, City may terminate this
Agreement immediately. Upon termination, City shall pay Consultant as set forth in Section 16. a.,above.
16. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexualorientation, 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.
17. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, andenforcementshallbegovernmentandconstruedinaccordancewiththelawsoftheStateofCalifornia.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 governedbythelawsoftheStateofCalifornia. Both parties further agree that Orange County, California, shall bethevenueforanyactionorproceedingthatmaybebroughtorariseoutof, in connection with or byreasonofthisAgreement.
18. PROFESSIONAL LICENSES
a. 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 Anaandallothergovernmentalagencies. Consultant shall notify the City immediately and in writing of her
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inabilityshallbecauseforterminationofthisAgreement.
b. All Consultant and sub-consultant services to be provided by Consultant pursuant tothisAgreementshallbeprovidedbypersonnelexperiencedand/or licensed in their respectivefieldsandinamannerconsistentwiththestandardsofcareandskillordinarilyexercisedbyprofessionalconsultantsinsimilarcircumstancesinaccordancewithgenerallyaccepted
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c. Captions and headings in this Agreement, including the title of this Agreement, are forconvenienceonlyandarenottobeconsideredinconstruingthisAgreement.
d. Validity. If any provision of this Agreement shall be held invalid, such invalidity shallnotaffecttheotherprovisionshereof, and to this extent, the provisions of this Agreement areintendedtobeandshallbedeemedseverable.
e. All Exhibits referenced herein and attached hereto shall be incorporated as if fully setforthinthebodyofthisAgreement.
fN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first abovewritten.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
CORDOBA CORPORATION
CATHERINE HIGLEY
Vice President - Transportations Planning
RAUL GODINEZ, II
Executive Director
Public Works Agency
Tax ID#
9
25D-13
EXHIBIT A
REQUEST FOR PROPOSALS
RFP 11-025
SANTA ANA-GARDEN GROVE FIXED GUIDEWAY PROJECT
PRE-PRELIMINARY ENGINEERING ANALYSIS
Key RFP Dates
RFP Issued:April 27, 2011
Pre-Proposal Meeting:May 18, 2011
Proposal Due Date:June 1, 2011
Interview Date:June 15, 2011
Contract Award:July 5, 2011
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA 92702
Issued by:
Dave Biondolillo
City of Santa Ana
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REQUEST FOR PROPOSALS (RFP 11-025)
SANTA ANA-GARDEN GROVE FIXED GUIDEWAY PROJECT
PRE-PRELIMINARY ENGINEERING ANALYSIS
1. INTRODUCTION
The City of Santa Ana, hereafter called "City", is soliciting proposals from qualified consulting firms,teams, or consultants, hereafter called "Consultant," with demonstrated experience in preparing thefollowingdocumentsrequiredbytheFederalTransitAdministration, hereafter called "FTA", for projectsseekingNewStartsorSmallStartsfunding:
A. New Starts Templates and ApplicationsB. Project Management Plans consistent with 49 USC 5327 and 49 CFR 633C. Safety and Security Management Plans in accordance with FTA Circular C 5800.1D. Draft Fleet Management Plans consistent with FTA Circular 9030.1 DE. Quality Management Plans consistent with FTA's Quality Assurance and Quality ControlGuidelines (February 2002)
F. Real Estate Management Plans which fully comply with 49 CFR Part 24 and FTA's "Model forDevelopmentofaRealEstateManagementPlan"
G. Investment Grade Ridership Forecasts
H. FTA Summit Analyses using FTA Summit software
II. PROJECT BACKGROUND
The Cities of Santa Ana and Garden Grove,in cooperation with the Orange County TransportationAuthority (OCTA), are planning to design and construct a fixed guideway project. As the lead localagency, the City of Santa Ana is seeking a Consultant to prepare Pre-Preliminary Engineering (Pre-PE)project deliverables required by the Federal Transit Administration (FTA). It should be noted that theOrangeCountyTransportationAuthority (OCTA) is the designated grant recipient for FTA funding inOrangeCountyandshall, therefore, be providing oversight for the project.
A significant amount of work in support of the Santa Ana-Garden Grove Fixed Guideway Project hasbeenpreparedthroughtheConceptualEngineering/Alternatives Analysis/Draft Environmental Analysiseffort. For efficiency and consistency, Consultant shall draw from those materials to the maximum extentfeasibletoprepareandassemblealldocumentsanddataneededfortheFTASection5309 (NewStarts/Small Starts/Urban Circulator) application.
The roles and responsibilities for project delivery, system ownership, and transit operations are beingdeterminedatthistimebytheCityandOCTA. It is not yet known who will be responsible forimplementingtheremainingphasesoftheproject (design, build, operate and maintain) - the City orOCTA. Likewise, no determination has been made as to whether any of the remaining phases of theprojectmightbecontractedout. It is anticipated that a final decision on these matters will be reachedduringthecourseofthePre-PE Analysis, most likely during the fall of 2011. Nonetheless, the City andOCTAplantosubmitarequesttoenterPreliminaryEngineeringorProjectDevelopmenttoFTAuponcompletionoftheFinalEnvironmentalImpactReport/Environmental Assessment -- around December 31,2011. It is, therefore, imperative that the Pre-PE Analysis be completed on or before December 31, 2011.
To help the City and OCTA chart the best course for completing the Pre-PE Analysis on schedule,Consultant shall develop a Pre-PE Phasing Plan that indicates the length of time required to completeeachtaskandsub-task. The Pre-PE Phasing Plan shall also indicate which tasks and sub-tasks can beinitiatedwithoutaclearunderstandingofwhichagencywillberesponsibleforimplementationofthefixedguidewaysystemandprovidetargetstartdatesforthoseactivitiesthatcanonlybeinitiatedafteragencyresponsibilitiesforfurtherimplementationhavebeendetermined.
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III. SUBMITTAL REQUIREMENTS
FORM OF PROPOSAL AND DUE DATE
TRANSMITTAL LETTER
A transmittal letter signed by an official authorized to solicit business and enter into contracts for the firmmustaccompanytheproposal. The transmittal letter should include the name and telephone number of acontactperson, and describe the working relationship between the Proposer and sub-consultants, if any.The transmittal letter should include a statement that the proposal is a firm offer to contract with the CityofSantaAnatoperformworkaccordingtothetermsoftheRFPandthattheofferisbindingforaminimumofninety (90) days from the date of submission. The transmittal letter should also include astatementthattheProjectManagerandkeypersonnelwillbeavailabletotheextentproposedforthedurationoftheprojectandthattheProjectManagerandkeypersonnelshallnotberemovedorreplacedwithoutthepriorwrittenapprovaloftheCity.
TITLE PAGE
The title page should show the RFP number, RFP subject, the name of the proposer's firm, local address,telephone, name of contact person, email address and the date.
TABLE OF CONTENTS
The table of contents should include a clear identification of the material by section and page number.
OVERVIEW AND SUMMARY
This section should clearly convey Consultant's understanding of the nature of the work required and thegeneralapproachtobetakenincompletingthePre-PE Analysis. It should include the following:
A. Consultant's experience in successfully preparing the following items consistent with federal/FTAregulations, policies and guidelines: New Starts Templates and Applications, ProjectManagementPlans, Safety and Security Management Plans, Draft Fleet Management Plans,Quality Management Plans, Real Estate Management Plans, Investment Grade RidershipForecasts, and FTA Summit Analyses using FTA Summit software.
B. Consultant's opinion regarding the most difficult issues or risk factors affecting implementation oftheprojectandConsultant's recommendations for addressing each of them.
QUALIFICATIONS, REFERENCES AND RELEVANT EXPERIENCEAdetailedstatementoftheConsultant's qualifications and previous experience in conducting similarwork, and one-page resumes of the personnel the Consultant intends to use to perform the project,summarizing each individual's training and experience relevant to this project. This section shouldindicatethepercentageoftimeeachteammemberwilldevotetothisengagement, identify the projectmanager, and demonstrate that the Consultant's personnel have experience and expertise in all areasrequiredintheScopeofWork. The resumes of key sub-consultant personnel shall also be included.
A summary (no longer than one page each) of at least three (3) projects similar in subject matter andscopetothisprojectthathavebeenundertakeninthepastthirty-six (36) months including client agency,the contract term and amount and a contact person (with telephone number) who may be contacted as areference.
WORK PLAN
Consultant shall provide a narrative that addresses the Scope of Work and shows Consultant'sunderstandingoftheneedsandrequirementsassociatedwiththePre-PE Analysis. Consultant shalldescribetheapproachandworkplanforcompletingtheservicesspecifiedintheScopeofWork. TheworkplanshallbeofsuchdetailtodemonstratetheConsultant's ability to accomplish the projectobjectivesandoverallschedule.
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A detailed staffing plan for each task and subtask must be submitted and should include an organizationchart. The staffing plan shall identify all staff by name and identify the specific tasks for which eachindividualwillberesponsible. The proposal must also demonstrate adequacy of labor resources for thedurationoftheproject, utilizing a table projecting the labor-hour allocation to the project, and must includeeachteammember's current and projected availability for the duration of the project, including a summaryofthetimeallocatedtootherprojects.
Cost Proposal
In a separate, sealed envelope, Consultant shall submit a fixed-fee cost proposal consistent with theScopeofWorkandtherequirementsofthisRFP. Any optional tasks proposed by the Consultant shall beestimatedseparatelyinthecostproposal. The cost proposal shall include a full description andbreakdownoftheexpectedexpendituresoffundsfortheproposedproject, as set forth in the Scope ofWork, in two forms: a task budget and a line item budget. The classifications, names, and hourly billingratesofindividualsproposedfortheprojectshallbeclearlyidentified. Cost proposals shall not be openeduntilafirmisawardedthecontract. Firms that are not selected shall have their cost proposals returned tothemunopened.
IV. SCOPE OF WORK
Task 1 - New Starts Templates and Application
A significant amount of work in support of the project has recently been prepared through the ConceptualEngineering/Alternatives Analysis/Draft Environmental Analysis effort. At project kick-off, City of SantaAnastaffwillprovidetheselectedConsultantwithcopiesofthedocumentsthatprovideinformationrelevanttothePre-PE scope of work. For efficiency and consistency, Consultant shall draw from thosematerialstothemaximumextentfeasibletoprepareandassemblealldocumentsanddataneededforanFTASection5309 (New Starts/Small Starts/Urban Circulator) application, including:
A. Project Description
B. Standard Cost Categories (SCC) Annualized Cost Worksheets
C. Land Use Supporting Information
D. Project Financial Plan & Supporting Information
E. "Making the Case" Document
Task 1 Deliverables:
1. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the draft Project Description, SCC Annualized CostWorksheets, Land Use Supporting Information, Project Financial Plan & SupportingInformation, and "Making the Case" Document
2. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the final Project Description, SCC Annualized CostWorksheets, Land Use Supporting Information, Project Financial Plan & SupportingInformation, and "Making the Case" Document
Task 2 - Project Management Plan (PMP)
As a condition of Federal assistance, a grant applicant for a major capital investment project mustprepareaProjectManagementPlan (PMP) consistent with 49 USC 5327 (Project ManagementOversight) and 49 CFR 633 (Project Management Oversight Rule). The grant applicant must submit thePMPintimeforFTAtoreviewtheapplicant's plan in conjunction with its New Starts/Small Starts grantapplication. The PMP is a dynamic document for managing engineering, design, construction and start-up of a project. The PMP must provide sufficient detail to demonstrate the grant applicant's technicalcapabilitytocarryouttheproject.
Consultant shall develop a draft PMP that addresses the following items:
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25D-18
A. Adequate recipient staff organization with well-defined reporting relationships, statements offunctionalresponsibilities, job descriptions, and job qualifications;B. Budget that covers the project management organization, appropriate consultants, propertyacquisition, utility relocation, systems demonstrations staff, audits, and miscellaneous paymentstherecipientmaybepreparedtojustify;
C. Construction schedule for the project:
D. Document control procedure and recordkeeping systemE. Change order procedure that includes a documented, systematic approach to handling ofconstructionchangeorders;
F. Organizations structures, management skills, and staffing levels required throughout theconstructionphase;
G. Quality control and quality assurance functions, procedures, and responsibilities for construction,system installation, and integration of system components;H. Material testing policies and procedures;
1. Internal plan implementation and reporting requirements;J. Criteria and procedures for testing the operational system or its major components;K. Periodic updates of the plan, especially related to project budget and project schedule, financing,ridership estimates, and the status of local efforts to enhance ridership where ridership estimates
partly depend on the success of those efforts;
L. The recipient's commitment to submit a project budget and project schedule to the Secretary of
Transportation each month; and
For purposes of this task, Consultant shall assume that items b and c, Budget and ConstructionSchedule, would be the same regardless of which agency chooses to implement the project.It is assumed that a final decision regarding project ownership and management may be reached beforecompletionofPre-PE. If that is the case, Consultant shall prepare a final PMP focused on the single,approved scenario.
The final PMP shall include a plan for managing later stages of the project. Consistent with FTAguidance, such plan shall be laid out in general terms with a description of how and when the details willbedeveloped. Nonetheless, the grant application prepared by Consultant shall demonstrate that the planwillbedevelopedandimplementedasnecessarytostayaheadoftheimplementationoftheproject.
Task 2 Deliverables:
1. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the draft PMP
2. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the final PMP
Task 3 - Safety & Security Management Plan (SSMP)
Consultant shall prepare a SSMP which fully complies with 49 CFR 633 and is prepared in accordancewithFTA's Circular C 5800.1. Sections of the SSMP shall include:
A. Management Commitment and PhilosophyB. Integration of Safety and Security into Project Development ProcessC. Assignment of Safety and Security Responsibilities
D. Safety and Security Analysis
E. Development of Safety and Security Design Criteria
F. Process for Ensuring Qualified Operations and Maintenance Personnel
G. Safety and Security Verification Process
H. Construction Safety and Security
1. Requirements for 49 CFR Part 659, Fixed Guideway Systems; State Safety OversightJ. Federal Railroad Administration (FRA) Coordination Plan (if necessary)K. Department of Homeland Security (DHS) Coordination Plan
25D-19
Task 3 Deliverables:
1. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the draft SSMP
2. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the final SSMP
Task 4 - Fleet Management Plan, Draft (FMP)
Consistent with the requirements set forth in FTA's Circular 9030.1D, Consultant shall develop a draftFMPthatproposeshowtheSantaAna-Garden Grove fixed guideway system will be properly planned forandmanaged. The FMP shall be substantially consistent with the adopted Record of Decision (ifapplicable) and sufficiently complete in detail and analysis to readily demonstrate the project's ability tomaintainand/or improve service levels, operating costs, and the reliability and quality of service for aminimumof10yearsfollowingprojectconstruction.
A. The FMP shall plan for and discuss the overall management of the entire fleet of vehicles andrelatedsupportfunctionsandequipment, addressing all the reasonably foreseeable factors thatarerelevanttothedeterminationofequipmentneedsinlightofdemandforservice. It shouldaddressindetailthecompositionofthefleet, operating conditions, maintenance, facilities, peakvehicledemand, and spare ratio;
B. The FMP shall discuss in detail:
a. Requirements for peak and spare vehicles including schedule spares, maintenancespares, parts spares,
b. Requirements for support functions such as heavy maintenance, capital and operatingpartsinventoryandinformationtechnology,
c. Strategies for acquiring new vehicles or overhauling existing equipment and the tradeoffsbetweenthem,
d. Strategies for maintenance and operations including reducing spare vehicles, ande. Strategies for reducing operating costs and increasing service reliability.
C. The FMP shall include operating and financial data such as current estimates of vehicle operatingcosts, reliability and life expectancy, for decision-making and performance review.
D. The FMP shall be formatted and calculated in conformance with FTA Circular 9030.1D,specifically with respect to:
a. Definition of terms,
b. Description of existing system and expansion plans, both project and non-project related,c. Justification of the demand for revenue vehicles and operating spare ratio,d. Process for reconciling demand versus supply to determine if additional vehicles will beneeded, overhauled, procured or other changes in maintenance practices, inventory,information technology, capital investment will be implemented instead;e. Preventive maintenance schedule for the procured/overhauled rail car fleet;f. Grantee's reliability program, past performance and plans to improve reliability includingprofilemonitoringandsupportofmaintenance, failure rates and rail cars out-of-service,and train failure definitions and actions;
E. The FMP shall discuss the selection and specification of vehicle equipment and systems and howthespecificationsmatchedtheappropriatetechnologywiththeplannedtransitapplicationsforthebestperformanceatthelowestcost.
F. The FMP shall ensure that the project's estimates of costs, service levels, quality, or reliability aremechanicallycorrectandcomplete, consistent with the grantee-defined methodologies and freeofanymaterialinaccuraciesorincompletedata.
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G. The FMP shall discuss the project's forecasts and schedule, to be consistent with the plan scopeandprojectscopeadoptedintheRecordofDecision (if applicable) and the proposed RevenueOperationsDateandshallfreeofanymaterialinaccuraciesorincompletedata.
Task 4 Deliverables:
1. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the draftFMP
Task 5 - Quality Management Plan (QMP)
Consultant shall prepare a QMP that is consistent with the requirements presented in FTA's QualityAssuranceandQualityControlGuidelines (February 2002).
Task 5Deliverables:
1. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the draftQMP
2. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the finalQMP
Task 6 - Real Estate Acquisition Management Plan (RAMP)
Consultant shall prepare a RAMP which fully complies with 49 CFR Part 24 and is based upon FTA'sModelforDevelopmentofaRealEstateManagementPlan".
Task 6 Deliverables:
1. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the draftRAMP
2. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the finaIRAMP
Task 7 - Investment Grade Ridership Forecasts
Consultant shall review the ridership forecasts developed during the Conceptual Engineering phase and,if necessary, perform additional work to provide defensible travel demand forecasts for the followingyears, taking into account typical "ramp up" effects of new transportation modes:
A. Opening Day (2015)
B. Interim (2025)
C. Long-Term (2035)
The resulting forecasts shall be based upon OCTAM, but shall include refinements necessary toaccuratelyforecastsystemridership. Consultant shall secure OCTA concurrence on any proposedrefinementstoOCTAMand, if necessary, develop travel surveys and analyze travel forecastinguncertaintiestosupporttheproposedapproachtodevelopingSantaAna-Garden Grove fixed guidewaysystemridershipforecasts. The final report shall detail any post-processing or "off-model" work that wascompletedandincluderidershipforecastforTask8, FTA Summit Analysis.Task 7 Deliverables:
1. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the draft ridership forecasts2. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007format) and 12 hard copies of the final ridership forecasts
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Task 8 - FTA Summit Analysis
Using the FTA Summit software, Consultant shall determine Transportation System User Benefits for
reduced the set of "Build" and "No Build" alternatives selected for the Santa Ana-Garden Grove fixed
guideway project. This information shall be presented in a report that includes:
A. Thematic Maps for each of the Build Alternatives versus the Baseline Alternative
B. Production & Attraction Maps for Each Trip Purpose & Period
C. Daily Totals
Additional inputs and outputs from Summit, such as trip length frequency reports and row and column
sum outputs, shall also be provided.
Task 8 Deliverables:
One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007
format) and 12 hard copies of the draft Thematic Maps for Each of the Build Alternatives
versus Baseline, Production & Attraction Maps for Each Trip Purpose & Period, and DailyTotals
2. One electronic version (on CD in Microsoft Office Word 2007 or Microsoft Office Excel 2007
format) and 12 hard copies of the final Thematic Maps for Each of the Build Alternatives
versus Baseline, Production & Attraction Maps for Each Trip Purpose & Period, and DailyTotals
V. GENERAL REQUIREMENTS
All work shall be performed in conformance with the latest City of Santa Ana, OCTA, FTA, and otherinvolvedagencies' policies, procedures and standards.
The Consultant shall carry out the instructions received from the City and shall cooperate with the Cityandotherinvolvedagencies.
The Consultant shall have total responsibility for the accuracy and completeness of all documents and
plans prepared and shall check all such materials accordingly. The documents and plans will bereviewedbytheCityforconformitywiththerequirementsoftheAgreement.
The documents and plans furnished under the Agreement shall be of a quality acceptable to the City ofSantaAna. The criteria for acceptance shall be a product of neat appearance, well organized, technicallyandgrammaticallycorrect, checked, and dated and having the maker and checker identified. Theminimumstandardofappearance, organization and content of the documents shall be that of similar
types produced by the City and set forth in related City of Santa Ana and other involved agencies'manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined bythecriteriaabove.
The Consultant shall have a QA/QC plan in effect during the entire time work is being performed under
the Agreement. The QA/QC plan shall establish a process which includes checking procedures for reportpreparation, a discipline and interdiscipline check of the environmental reports and conceptualengineeringplans, correcting and back checking procedures, and all job related correspondence andmemorandadatedandreceivedbyaffectedpersonsandthenboundinappropriatejobfiles. The City ofSantaAnareservestherighttorequestproofofsaiddocumentation.
The Consultant's work will be subject to inspections by representatives of the City of Santa Ana and otherinvolvedagencies.
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The fee proposal will not be opened until the consultants have been evaluated by the proposal selectioncommittee. In conformance with the Brooks Act, the City will select the consultant based onqualifications, and then negotiate a contract price based on available funding and a further breakdown ofthenot-to-exceed cost submitted in the fee proposal. The City reserves the right to a retainer to ensureprojectdelivery.
IX. CITY RESPONSIBILITY
The City will be responsible for the following:
A. Making available existing, pertinent work products related to the Santa Ana-Garden Grove FixedGuidewayProject.
B. Making available other City documents, as required for project completion
X. PRIME CONSULTANT RESPONSIBILITIES
The selected Consultant will be required to assume responsibilities for all services offered in his/herproposal. 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 contract.
XI. DELAYS
The City reserves the right to delay scheduled dates if it is to the advantage of the City
XII. PROJECT CONTROL
Control of the project shall be the shared responsibility of the City and OCTA.
XIII. RULES FOR PROPOSALS
The signer of the proposal must declare in writing that the only person, persons, company or partiesinterestedintheproposalasprincipalsarenamedtherein; that the proposal is made without collusionwithanyotherperson, persons, company, or parties submitting a proposal; that it is in all respects fairandingoodfaithwithoutcollusionorfraud; and, that the signer of the proposal has full authority to bindtheprincipalproposer.
XIV. METHOD OF PAYMENT
The consultant shall submit invoices to the City, attention Dave Biondolillo. Each invoice shall include adetailedbreakdownoftheservices, the tasks, the hours, and hourly rates. It should be noted that nomorethan90percentofthetotalpaymentamountwillbemadepriortothefinalcompletionandapprovalofallworkanddeliveryoffinaldeliverables.
XV. REGULATIONS
The selected consultant shall be expected to comply with all applicable federal and state regulations, andcontractprovisions. The ensuing contract shall contain such contractual provisions and conditionsnecessarytodefineasoundandcompleteagreement.
XVI. THE CITY'S AFFIRMATIVE ACTION PROGRAM
The City has an affirmative action program. The purpose of the affirmative action program is to encouragecertifiedminoritybusinessenterprisesandwomenbusinessenterprises. All Submitting firms must haveestablishedaffirmativeactionprogramsapprovablebytheCity. The attached Exhibit C, "Certification of
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Non-Discrimination by Contractors" shall be completed by each submitting firm and included in theproposal.
XVIL WAGE RATES
Because this PROJECT is federally funded, the rate of wages for each craft or type of worker ormechanicemployedunderthiscontractshallbespecifiedunderthecurrentdeterminationsoftheDepartmentofLaborasrequiredundertheDavis-Bacon Act. The current wage determination can beobtainedatthefollowinglocation:
http://frwebgate access gpo gov/cqi-bin/getdoc cqi?dbname=Davis Bacon&docid=CA20080035
Notwithstanding the conditions hereinabove, the California Labor Code stipulated that not less than thegeneralprevailingrateofperdiemwagesforeachcraftortypeofworkerormechanicneededtoexecutethecontractinthelocalityinwhichtheworkistobeperformed, and not less than the general prevailingrateofperdiemwagesforholidayandovertimeworkasdeterminedbytheDirectorofIndustrialRelationsoftheStateofCaliforniashallbepaidtoallworkersemployed. A copy of the prevailing rate ofperdiemwagesisonfileattheCityofSantaAnaPublicWorksAgency - Construction Division, and isavailableonrequesttoanyinterestedparty.
Where a discrepancy exists between federal and state prevailing wage rates, the policy of the CaliforniaDepartmentofLaboristorequirethatthehigherofthetwoprevailingwageratesshallapply
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C
CORDOBA CORPORATION
LOS ANGELES • OAKLAND . SANTA ANA . SAN BERNARDWO
June 1, 2011
Mr. David Blondolillo, Project Manager
City of Santa Ana
Department of Public Works
20 Civic Center, M-21
Santa Ana, CA 92701
RE: Proposal for Santa Ana-Garden Grove Fixed Guideway Project Pre-Preilminary Engineering Analysis (RFP 11-025)
Dear Mr. Blondolillo:
Over the last 18 months, Cordoba Corporation and our subconsultant partners have been working with the cities of SantaAnaandGardenGrove, and the Orange County Transportation Authority (OCTA) on the Santa Ana and Garden Grove ?gFixedGuidewayCorridorStudy. Over the next several months, we will be distributing a draft Environmental Impact Report tCDEIR) and Environmental Assessment (EA) for public review, completing the Alternatives Analysis for the project, and
working with the cities to adopt a Locally Preferred Alternative for approval by OCTA's Board of Directors. Concurrent withthisprocess, the project is embarking on an all-important undertaking towards its successful implementation, preparationofaFederalTransitAdministration (FTA) Section 5309 Grant Application to become eligible to receive federal funding fortheproject.
Cordoba Corporation is pleased to submit this proposal to once again support the City of Santa Ana and their partneragenciesinmovingthisimportantprojectforward. In addition to key members of the current Cordoba Fixed GuidewayCorridorStudyteam, and in recognition of the emphasis on the preparation of the materials for a federal Small Starts grantapplication, Cordoba has joined forces with Shiels Obletz Johnsen Inc., Leon Sklles, JPC Consulting and E.D. Hovee andCompany. This SOJ-led team, which also included URS, prepared the successful Federal Small Starts application for thePortlandStreetcarLoopproject. To date, the Portland Streetcar Loop is the only streetcar project In the U.S. to receive anFTANeworSmallStartsgrant.
We believe this is a powerful team that offers the City the following benefits: strong working relationships with Santa Ana,Garden Grove and OCTA; intimate knowledge of the Fixed Guideway Corridor project, the local environment and the rcommunity; deep understanding of, and respect for the public agency sponsors' relationships; and, most importantly,demonstrated success at achieving the desired objective of obtaining an FTA Small Starts Grant for the project.
This proposal is a firm offer to contract with the City of Santa Ana to perform work according to the terms of the RFP. Thisofferwillbebindingforaminimumofninety (90) days from the date of submission. The Project Manager and keypersonnelidentifiedinthisproposalwillbeavailabletotheextentproposedforthedurationoftheprojectandshallnotberemovedorreplacedwithoutthepriorwrittenapprovaloftheCity.
2677 N. MAIN STREET. SUITE 240. SANTA ANA. CA 82705, 71 4.658.61 24 - FAX 71 4.556.5467
WWW,COROOBAC,ORP.COM
25D-28
Mr, David Biondoliilo
June 1, 2011
Page 2
We look forward to more fully describing our approach and work program during the interview phase of this procurement. if youshouldhaveanyquestionsduringthereviewofourproposal, please do not hesitate to contact either of our Co-ProjectManagers: Rick Gustafson, Shlels Obletz Johnsen, Inc. (Co-Project Manager - Technical Direction) at (503) 969-4181, or
Catherine Higley, Cordoba Corporation (Co-Project Manager - Contract Administration/Project Coordination) at (714) 342-
2309.
Sincerely,
CORDOBA CORPORATION
Catherine Higley
Vice President of Transportation Planning
2677 N. MAIN STREET, SUITE 240, SANTA ANA, CA 82705, 714.558.6124 - FAX 714.555,64137
WWW.COROOBACOHP.COM
25D-29
1?R' Jll[?Ili ??IOY$ F!X$dl???/?4f@?fd ?i ! W 4TH ST" -
V74 $M
Work Plan
Project Approach
The purpose of the Pre-Preliminary Engineering Analysis
for the Santa Ana-Garden Grove Fixed Guideway is to
prepare and assemble all the documents and data
needed for the FTA Section 5309 (New Starts/Small DA?ETcallCEPTUAL DES10i
f
P aH er RAFT,DESStartslUrbanCirculator) application. The significant
amount of information in support of this effort has been or r, z , ! A,tisbeingpreparedaspartoftheongoingConceptual
Engineering/Altematives Analysis/Draft Environmental s-
Analysis project. Since the Cordoba team is performing t 5 -.
the ongoing work program, we are uniquely qualified to}= {
conduct the Pre-preliminary Engineering Analysis. We
have a thorough understanding of the proposed Santa-
f
Ana-Garden Grove Fixed Guideway project and the context in which the project is being developed. We know the
City of Santa Ana, its physical features, its neighborhoods and stakeholders and its staff. We understand and are
committed to their impressive and comprehensive Transit Vision for the City.
We know OCTA and the Go Local Program. We understand OCTA`s interest in pursuing Federal funding for the
most competitive of the Go Local programs in order to fully leverage the local Measure Mz dollars. We understand
that OCTA as the designated grant recipient for FTA funding in Orange County, will be providing oversight for the
project, similar to their role in the ongoing work effort. But we also know, based on our considerable experience and
success with the FTA Section 5309 programs that, for the City to compete successfully, OCTA will need to provide
more than technical oversight. In order to successfully compete with the anticipated number of New Starts projects in
FTA Region IX and the nation, the Santa Ana-Garden Grove Fixed Guideway project will need to present a
technically strong and compelling "story" of why the project is very competitive with respect to FTA's projectevaluationcriteria. To be successful in attracting Federal New Starts funds that will leverage local M2 dollars, OCTA
will need to join with the City, lending their considerable experience, capacity and capability, to advocate for the
project. Cordoba's partner in this undertaking, SOJ, has the knowledge and experience to assist the City and OCTA
to develop the most effective strategy to competitively position the project for federal funding.
We fully understand that the City and OCTA continue to work together on important issues of project ownership,
management and operations. The resolution of these issue areas will be critical to the preparation of a successful
Project Development application. With national experience in fixed guideway transit, and in particular modern
streetcar, the Cordoba team can provide valuable insights into successful funding and grant application models
nationally, to assist OCTA and the City in resolving these important issues for project success.
The work effort on the Conceptual Engineering/Alternatives Analysis/Draft Environmental Analysis is ongoing and will
continue in parallel with the Pre-Preliminary Engineering Analysis. The Cordoba team was originally configured to
provide the City with the depth of resources and local knowledge, technical expertise and demonstrated experienceinsuccessfullydeliveringsimilarprojects. By selecting the Cordoba team to continue with the Pre-PreliminaryEngineeringAnalysis, the City will take maximum advantage of the quality work product that has been developed bytheteam, and also the considerable knowledge and experience gained during the preceding two years.
And the current Cordoba team has been reconfigured to address the specific requirements of the Pre-PreliminaryEngineeringAnalysisobjectivesandworkprogram. We have maintained those members whose particularknowledgeandexpertisewillbecriticaltoseamlessintegrationofthetwoworkprograms. We have added SOJ and
Section Three - Work Plan 26
2501-30
A041 ?tso?re Fixed' [ e t? 4TH ST-" .
Ica >,} ?6aoa_ Pr 3 g`-is?
associated members to the team because they bring specific technical expertise, a fresh eye and unparalleledsuccessatmaneuveringstreetcarprojectsthroughtheFTAfundinggrantapplicationprocess.
The flow chart below illustrates how the ongoing work effort will be Integrated into the Pre Preliminary EngineeringAnalysis. Based on the timing of the ongoing work effort, and the need to proceed into the grant application with oneprojectdefinition, we propose that upon completion of the environmental technical studies, during the preparation ofthedraftenvironmentaldocumentsaPreferredAlternativewillbeidentified. Given that the two build alternativesrepresentasinglealignmentwithdesignoptions, and both build alternatives along with a Transportation SystemManagementAlternative, are being equally evaluated In the environmental documents, this will allow preparation ofthegrantapplicationtomoveaheadwhilestillprotectingtheintegrityoftheNEPAenvironmentalprocess.
FLOW CHARTISCHEDULE
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
AW%; HeN,bg
80neft
ALTERNATIVES ANALYSIS ;CONCEPTUAL
DESIGN /ENVIRONMENTAL PROCESS
r .
r,.. :.n:,:. _....:.:.... ..: .. ?._ .. ...3rrrrrrr .... r - wr w. r. r r r r r r .,. .., ww - ...
IEEYDECISIONS e
PR!-PRELIMINARY
NTP , ¦
ENGINEERING ANALYSIS
PROCESS ... _. .. _, -
Section Three - Work Plan 27
25D-31
ri?O16"CX8 W 4TH 5T3 3
y _lotArQ??(9!4llfll_?Ly - 00694 ilyzia ?, .? 11
The Cordoba Team is uniquely qualified to complete the work of this Fixed-Guideway Pre-Engineering Analysis I.efficiently and effectively for a successful Federal capital grant application. Our team is configured to strategicallyusethestrengthofeachteammemberbasedontheexpertiseandexperienceeachtaskrequires, ourrecommendedapproachtothisassignmentisbasedonourteam's in-depth understanding of the Federal New StartsandSmallStartscapitalgrantprograms, as we have discussed in the Overview and Summary.
Key to our achieving success for the City ofSanta Ana and completing our work efficiently on time and within budgetaretheseadvantagesonlyourteamoffers:
Local connection. As has been the case with the Santa Ana and Garden Grove Fixed Guideway CorridorStudy, the location of offices of both Cordoba and URS in Santa Ana will aid in efficient and well-coordinatedproductdelivery, direct communications and real-time participation with the City of Santa Ana, and withOCTAandtheCityofGardenGrove, whenever needed, throughout this phase of the work.
Strong understanding of Federal Small Starts process The team is unmatched in its experience ofsuccesswithSOJmanagingthedevelopmentoftheonlyFederalSmallStartsgrantapplicationthatresultedinaSmallStartsgrantawardforastreetcarprojecttodate (Portland Eastside Loop). The team'sunderstandingoftheentireFederalfundingprocessandfamiliaritywithboththeFTAheadquartersandregionalstaffwillbeessentialtothesuccessfulnavigationoftheprocess.
Benefit of incorporating key members of the existing team: The continuity with the Fixed GuidewayCorridorStudyprovidedbytheCordobateamprovidesgreatbenefittotheCityandtobothprojects. TeammembershavebeensuccessfullyworkingtogetherandwithSantaAna, Garden Grove and OCTA for nearlytwoyears, engendering mutual understanding, trust and respect. We fully understand the characteristicsandattributesoftheprojectalternativesandwillusethatknowledgetoquicklyandefficientlydeveloptherequiredFTAapplicationmaterials. The quality technical work, task deliverables and supporting data andanalyses, developed during the alternatives analysis, conceptual design and environmental review tasks is avaluablefoundationforthepre-Preliminary Engineering effort.
Most qualified technical expertise. The members of this technical team have already successfully,strategically and efficiently prepared the same format of Federal application that is being requested for theSantaAna - Garden Grove Fixed Guideway Project. In addition, the technical leadership that will beprovidedtotheteambySOJistheresultofSOYsinvolvementnationwidewithmodernstreetcarprojectsfromplanningthroughimplementationandintooperationsandmanagement.
Integrated team: Our team is fully prepared to execute the pre-PE work program with the coordinatedteamworkrequiredtodeliversuccess. Our members are seasoned professionals, experienced in workingcollaborativelyacrossgeographyanddisciplines, towards the best interests of the City of Santa Ana and theproject.
We are confident this is the most informed and experienced team that could come forward to prepare the bestpossiblematerialsforasuccessfulFederalapplicationfortheSantaAna - Garden Grove Fixed Guideway transitproject.
Team Organization
As indicated previously, our team is configured and staff assigned to take best advantage of the particular experienceandtechnicalexpertiseeachmembercanbringtoeachtask. The Organization Chart on the following page showsareteamstructure.
Section Three - Work Plan 28
25D-32
Scope of Work
Task 7 - Small Starts Templates $ Application
A successful Small Starts grant application package requires a depth of understanding of the FTA 5309 GrantProgram, a thorough understanding of the project being represented and technical expertise of all aspects of ProjectDevelopmentfromengineering, to land use and economic development to financial planning and funding. TheCordoba/SOJ team brings the expertise needed to compile and present in the most advantageous light, all of thematerialsrequiredfortheSmallStartsgrantapplication, and the experience necessary to perform the effort efficientlyandwithawell-honed understanding of the most critical elements and how to convey this information mosteffectively. o prepare the necessary material to support a successful Small Starts federal capital grant application,under SOJ direction Leon Sklles will coordinate the application templates by providing the outlines to the participatingteammembers. He will. review and compile the completed technical sections of the application to assure that thedocumentisaccurate, consistent and cohesive. The various elements will be prepared as follows:
Task 1A: Project Description will be written by Cordoba, who has the full and working knowledge of the history,condition and setting of this Project and its area already.
Task 1B: Annualized Cost Worksheets will be produced by URS who, together with Cordoba, has alreadyperformedandreviewediterationsofpreliminarycostestimatesforthisProject; and will refine them to fit therequirementsofthisapplication.
Task 1C: Land Use Information will be led by Cordoba, with oversight by SOJ, support from URS and contributionfromE.D. Hovee on the projected development and private investment potential of property along the proposedcorridor. Santa Ana and Garden Grove's land use policies and existing development patterns support thedevelopmentofhigherdensitymixedusedevelopmentthatcanbeservedwithafixedguidewaysystem. The fulldocumentationoflocalplansandcommitmentswillbeincluded. It will show that the transit route serves importantattractionsinSantaAna, supports existing and future transit oriented development and provides importantconnectionstoOrangeCounty's regional transit system including the Santa Ana Regional Transportation Center.
Task 1D: Project Financial Plan & Supporting Information will be led by SOJ, with document support fromCordoba. Applicants must submit an estimate for capital and operating costs and the sources targeted to fund each.FTA will judge the likelihood of the local financial, commitments. A high confidence is needed to qualify for projectdevelopment. While formal commitments to funding are not required for Project Development submittal, they helpconsiderablyinraisingtheconfidence. It Is clear that commitments must be made soon after Project DevelopmentapprovalasFTAwillnotseekcongressionalfundingcommitmentsuntilthelocalcommitmentsareformal. ThefinancialplanningcompletedaspartoftheConceptualEngineering/Alternatives Analysis and Environmental AnalysisandtheinformationdevelopedaspartoftheapplicationtoOCTAforPreliminaryEngineeringwillserveasthestartingpointfortheFinancialPlan.
Task 1E: "Making the Case" document will be produced by Cordoba, with major strategic input by SOJ and LeonSkies. In addition to the information prepared as part of the of the application package, the "Making the Case"document will also draw from the Statement of Purpose and Need and other information prepared as part of theConceptualEngineering/Alternatives Analysis/Environmental Analysis work effort to present the strongest argumentsinfavoroftheproject.
Optional Task: Economic Development submittal documents would be prepared as an "added" service by E.D.Hovee. We feel this is critical to the success of the Santa Ana-Garden Grove federal rating by the FTA for a SmallStartsgrantforstreetcar, as well as outlining the potential economic development objectives to the community. E.D.Hovee will utilize information developed during the Alternatives Analysis initial screening, and information compiled
Section Three - Work Plan 30
25D-34
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as part of the Land Use templates, with a particular focus on the development and private investment potential alongthecorridor. E.D. Hovee will consider the implications of the newly-adopted Transit Zoning Code on privatedevelopmentandinvestmentwithinthecorridor, as well as estimating the potential of those opportunities outside theTransitZoningCodearea, particularly along the western half of the corridor.
As noted in the Approach, The economic development submittal is not a formal template in the FTA application butrepresents33% of the value of the rating for the project. Portland included a detailed economic developmentprojectionwiththeirsubmittaltotheFTAinsupportoftheapplication. E.D. Hovee and Co. prepared that documentwhichwasinvaluableinunderstandingthepotentialeffectsofthefixedguidewayinattractingprivateinvestmentandthepotentialbenefitstothelocalcommunityandeconomy.
Santa Ana and Garden Grove are well positioned to demonstrate the potential for a streetcar to Increase theprojectedprivateinvestmentandmixedusedevelopmentalongthecorridor. Work will include survey of propertiesforpotentialdevelopment, documentation of planned developments, and projections of the amount of developmentlikelytobeattractedtothecorridor, with and without a fixed guideway transit investment. Specific parcel Inventorywillbeconductedandwillbebaseduponadoptedregionalforecastingofeconomicsanddemographicsresultinginbase-case (Wthout") and streetcar-base ("with") models outlining estimated incremental value capture within eachscenario.
1A: C. Higley One electronic version and 12 hard copies of draft and final1B: D. Levinsohn, B, Post, R. Gustafson Project Description, SCC Annualized Cost Worksheets, Land Use1C: C. Higley, E. Yesayan, E. Hovee Supporting Information, Project Financial Plan & Supporting1D: R. Gustafson, D. Davies, C. Higley Information and "Making the Case" Document1E: C. Higley, L. Skiles, D. Davies
OPTIONAL TASK: E. Hovee
Tasks 2 through 6: Plan Development
Along with the rating based upon land use, economic development and cost effectiveness, FTA rates the project onlocalfinancialcommitmentandtechnicalcapabilityandcapacity. These elements are judged substantially bytheplansthataresubmittedinsupportoftheprojectincludingtheProjectManagementPlan (PMP), FleetManagementPlan (FMP), Quality Management Plan or Quality Assurance Quality Control (QMP or QA/QC), SafetyandSecurityManagementPlan (SSMP), and Real Estate Acquisition Management Plan (RAMP). At this point in theproject, with a 5 to 10% level of engineering, these plans will begin to frame the specific physical and operationalcharacteristicsoftheprojectandtheSponsor's approach to owning and managing the system. While fairly detailedinformationcan (and should) be provided in the Project Management Plan (once OCTA and the City of come to anagreement) and the Quality Management Plan, the others (Fleet Management, Real Estate Acquisition Managementand, Safety and Security Management) will lay out an approach and framework, to be completed in greater detailduringPreliminaryandFinalEngineering.
Task 2 -- Project Management Plan (PMP)
The FTA statutory requirement of Technical Capacity and Capability is very important. FTA does review the ability ofthesponsoringorganizationtoaccomplishaprojectofthismagnitude. The primary basis for making this judgment ispastexperienceofthesponsoringagencyandtheProjectManagementPlan (PMP). The PMP is an Importantdocumentthatlaysouthowtheapplicantintendstomanageandoverseetheprojectthroughimplementation. ThepreparationofthePMPwillrequireinvolvementandcommitmentfromtheleadershipofeachoftheparticipatingagenciesincludingOCTA, Santa Ana, and Garden Grove. The policy and management structures are to be outlined
Section Three - Work Plan 31
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in the PMP, SOJ will assume the lead in preparing the PMP with strong support from Cordoba and URS In terms ofcoordinatingwithandconfirmingthesponsoringagencies' participation and roles in the management leadershipstructure. The PMP will be consistent.with 49 CFR USC 5327 and 49 CFR 633.
SOJ has successfully managed the implementation of the first two modern streetcar systems in the U.S. usingefficientprojectmanagementplansresultingfromadevelopmentpracticeratherthanatransportationengineeringpractice, completing these projects within ambitious timelines and budgets. Under SOJ leadership, the PortlandStreetcarLoopfederalprojectsubmitteditsPMPtoFTAunderitsSmallStartsapplicationandsuccessfullyreceiveditsaward. Buy-in and commitment from the sponsoring agencies regarding their integration with the project team andtheirrolesinleadershipandaccountabilitywaskeytotheirsuccess.
The development of the PMP will be heavily influenced by decisions and agreements between the cities of Santa AnaandGardenandOCTAwithrespecttotheownershipandoperationalmanagementofthesystem. Cordoba and SOJwillconsultwiththecitiesandOCTAastheyworktowardagreementsonthesefundamentalaspectsoftheproject,and be fully prepared to develop a strong and compelling PMP based on the outcome.
B. Tong, C. Higley, D. Levinsohn 11 One electronic and 12 hard copies of the draft and the final PMP
Task 3 - Safety & Security Management Plan (SSMP)
Another element required to accompany the federal application, the SSMP will be prepared by SOJ with support fromURS. The System Safety and Security Plan is actually two plans (Safety and Security). The SOXURS team preparedbothplansfortheentirePortlandStreetcarsystemincludingthefederallyfundedproject (Loop), and SOJ continuestomaintaintheSSMPthroughPortlandStreetcarInc. operations. These documents include approaches toconstructionaswellastheoperationofthesystem. The format will include all of the elements listed in the RFP tocomplyNth49CFR633andFTACircularC5800.1
B. Tong, B. Post 11 One electronic and 12 hard copies of the draft and the final SSMP
Task 4 - Fleet Management Plan (FM,P)
The FMP will be prepared by SOJ with support from URS, using the successful FMP format that was developed forthePortlandStreetcarLoopapplication. Portland's FMP is used to guide the current vehicle fleet operations forPortlandStreetcarLoopunderSOJ's direct management. The vehicle to be used for the Santa Ana-Garden GroveFixedGuidewayhasyettobeselected. Unlike Portland, Santa Ana and Garden Grove will need to comply with therequirementsoftheCaliforniaPublicUtilitiesCommission. The vehicle used in Portland does not currently meetCPUCstandards. To date, only the Seimens S70 light rail transit vehicle complies with CPUC standards, whileprovidingphysicalandoperatingcharacteristicssimilartomodernstreetcars. The CPUC is aware of the broadinterestinmodernstreetcarthroughoutCaliforniaandhasindicatedawillingnesstorevisittheirstandardsandvehiclerequirementsinlightofmodernstreetcaroperatingcharacteristicsdifferingfromtraditionalLRT. Continuedattentiontothisissuewillberequiredastheprojectcontinuestoadvancesothataviablevehiclecanbeidentified.However, for the purposes of this effort, a Draft Fleet Management Plan will be prepared until such time a a vehicle isselected. Real-time, current operating and financial data from the Portland streetcar operations, coupled with InputfromOCTA, will be used to inform accurate assumptions for the Santa Ana - Garden Grove project. The FMP will beformattedconsistentlytoconformtoFTACircular9030,1D.
Section Three - Work Plan 32
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B. Tong, B. Post, 0. Jaff One electronic and 12 hard copies of the draft FMP
Task 5 - Quality Management Plan (QMP)
Cordoba will produce the QMP for the implementation of the Project with assistance from URS, Appropriate levels ofreporting, documentation and accountability will be outlined that ensure compliance with FTA's 2002 guidelines,
S. Cuevas, B. Post One electronic and 12 hard copies of the draft and the final
Task 6 -- Real Estate Acquisition Management Plan (RAMP)
The land use and zoning for Santa Ana-Garden Grove supports the development of higher density mixed usedevelopmentthatcanbeservedwithafixedguidewaytransit. Cordoba will lead the preparation of this documentwithsupportfromSOJandURSEngineering. This locally-led team understands very well the local real estate alongthealternativeroutesandtheiruse1characteristics, and the rights-of-way, facilities ! Improvements, ownership,leases and politics related to major land tracts affected. The full documentation of local plans and commitments willbeincluded, all in full compliance with 49 CFR Part 24. The transit route does serve important attractions in SantaAna, supports transit oriented development for the future and connects to the multi-modal transit center.
B. Tong, D. Davies, D. Levinsohn 11 One electronic and 12 hard copies of the draft and the final RAMP
Tasks -7 and 8: Ridership Forecasting/Reporting
As noted in the Approach, the Cost Effectiveness criterion represents 33% of the federal rating for the project. Costeffectivenessisdeterminedbycomparingthetotalcostoftheprojecttothetotalbenefitsgeneratedfromtheproject.The result of the comparison is an estimated cost per benefit. A cost per benefit below $24.99 results in a mediumrating. Costs higher than that result in a low rating. Portland ($29,42) and Tucson ($36 approximately) both receivedlowratings.
Project benefits are substantially determined from information provided by travel demand forecasting models, TherequiredinformationIsdevelopedbyapplyingtheFTASUMMITsoftwaretothetravelforecastresults, Fixedguidewayprojectsarejudgedagainstabaselinecaseofimprovedbustransit. Current FTA methodology does notaccountforthebenefitsofstreetcar. The methodology is based substantially on travel time savings. Streetcar doesnotgeneratetraveltimesavingsoverabusoperatingonthesamestreetsystem.
The ridership forecasting effort and subsequent FTA SUMMIT analysis require careful management and policydirectiontoobtainthedesiredoutcomeswhilemaintainingcostcontrolgiventhebudgetallocationforthisphase,.The cost for conducting these elements of work iteratively can easily dominate the budget and could require morefundingthanisallocated. In recognition that the prospect for obtaining a medium rating is very low, it needs to bedetermined, in consultation with FTA, how extensive these efforts should be if the Cost Effectiveness category ratingfortheprojectwillnotchangesubstantially.
Section Three - Work Plan 33
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Task 7 - Ridership Forecasts
In the Small Starts or New Starts application processes, the FTA carefully reviews the methods used to developtransitridershipforecasts. While the FTA does not proscribe the parameters or procedures that should be used orapprovetheactualforecastingprocedures, they have guidelines that should be followed. Two key focus areas are1) how reasonably the models explain transit user decisions as demonstrated by their reproduction of recentlycollectedon-board survey data and transit ridership counts, and (2) the reasonability of mode choice modelcoefficientsandconstants.
The Cordoba team developed a transit ridership forecasting procedure for the Conceptual Engineering task that wasconsistentwithFTAguidelines. "Data driven" techniques were used based on data from OCTA`s recent transit on-board survey coupled with incremental logit model procedures. The data driven techniques are similar to innovativetechniquesthattheFTApresentedina2009NewandSmallStartsworkshopinPhoenix. This approach hasreceivedconditionalapprovalfromFTA.
The proposed approach for the Pre-Preliminary Engineering Analysis is to confirm and, if necessary, adjust thetransitridershipforecastingprocedurethroughformalcoordinationwithFTAstaff, update transit networks andsocioeconomicforecastsfortheprojectopeningyear, and produce refined transit ridership forecasts.
A key statistic for FTA New Starts / Small Starts is User Benefits, expressed as travel time savings that accrue from aproject. While the travel models are the basis for estimating travel time savings, FTA recognizes that mostconventionaltravelmodelsdonotcapturethreecategoriesofattributesprovidingadditionalUserBenefitsfor fixedguidewayalternatives: 1) Guideway-like characteristics, 2) Span of service, and 3) Passenger amenities. FTA allowsprojectstoincludecreditsforfixedguidewayalternativesifthesponsorcandemonstratetheprojectpossessestheattributesidentifiedabove. A maximum benefit of 15 minutes of travel time savings is possible per new rider. TheCordobaTeamwillworkcloselywithFTAtoensurethatthemaximumbenefitscanbeappliedtotheproject.
Cambridge Systematics has considerable experience working with FTA to develop ridership forecasts for rail transitprojectsandforSection5309grantapplications; they have prepared the 2035 ridership forecasts for the Santa AnaandGardenGroveFixedGuidewayCorridorStudy. They will lead the development of the ridership forecasts for Pre-Preliminary Engineering Analysis, with support and input from JPC. Jennifer John of John Parker Consulting (JPC)in Portland prepared the Ridership Forecasts and associated submittal materials for the successful PortlandStreetcarLoopSmallStartsapplication. She will oversee the work on this task and will assist SOJ with coordinationoftheanalysisandsubmittaltoFTA. She will be fully supported by CSI, who will work with her and the rest of theprojectteamtoinsurethemostfavorableoutcomepossiblefortheprojectintermsoftheCostEffectivenessrating.This may require modifications to the model procedures as well as additional data collection.
D. Kurth, S. Myung, J. John I' One tronic and 12 hard copies of the draft and the final
forecasts
Task 8 - FTA Summit Analysis
Cambridge Systematics (CSI) has developed forecasting procedures that are compatible with OCTAM and that willallowfortheoutputofappropriatemodelcomponentstobeusedwiththeFTASummitsoftwaretoolfortheSantaAna - Garden Grove Fixed Guideway project. This software tool will be used to assist with analysis of thealternativesunderconsiderationforthisproject. JPC will analyze the model and Summit outputs for the alternativesandwillworkwiththeprojectteamandstakeholdersasneededtodeterminewhat, if any, changes should be madeinordertobetterpositionthealternativesfrombothaprojectstandpointintermsofprovidingthebestpossible
Section Three - Work Plan 34
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service to impacted markets as well as from a Cost Effectiveness standpoint to arrive at the best possible rating for aSmallStartssubmittal. All required templates and outputs including trip length frequency reports, thematic maps and ;summaries of the model results will be provided.
The project will benefit from the depth of technical expertise and experience, and the strong relations with FTA TravelForecaststaffthattheCordoba/SOJ team provides.
Key Personnel. Deliverables:
Thematic Maps for Each of the Build Alternative versus Baseline f
R. Parker, J. John, D. Kurth Production and Attraction Maps for Each Trip Purpose and iPeriod, and Daily Totals
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Section Three - Work Plan 35
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EXHIBIT D
REQUIRED FEDERAL CLAUSES
DEFINITIONS
The Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY"), The Federal TransitAdministration, (hereinafter referred to as "FTA"), the City of Santa Ana (hereinafter referred to as "CITY"),and Cordoba Corporation, a California corporation, (hereinafter referred to as "CONTRACTOR")
The following provisions apply to all purchases regardless of their value
ARTICLE 1. FEDERAL CHANGES
CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, proceduresanddirectives, including without limitation those listed directly or by reference in the agreement between theAUTHORITYandFTA , as they may be amended or promulgated from time to time during this Agreement.CONTRACTOR's failure to comply shall constitute a material breach of contract.
ARTICLE 2. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
AUTHORITY, CITY and CONTRACTOR acknowledge and agree that, notwithstanding anyconcurrencebytheFederalGovernmentinorapprovalofthesolicitationorawardoftheunderlyingAgreement, absent the express written consent by the Federal Government, the Federal Government is not apartytothisAgreementandshallnotbesubjecttoanyobligationsorliabilitiestotheAUTHORITY, CITY,CONTRACTOR, or any other party (whether or not a party to this Agreement) pertaining to any matterresultingfromtheunderlyingAgreement. CONTRACTOR agrees to include these requirements in all of itssubcontracts.
ARTICLE 3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATEDACTS
CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended, 31 U.S.C. §§3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing this Agreement,CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, itmaymake, or causes to be made, pertaining to the underlying Agreement or the FTA assisted project forwhichthisAgreement's work is being performed. CONTRACTOR also acknowledges that if it makes, orcausestobemade, a false, fictitious, or fraudulent claim, statement, submission, or certification, the FederalGovernmentreservestherighttoimposepenaltiesoftheProgramFraudCivilRemediesActof1986ontheCONTRACTORtotheextenttheFederalGovernmentdeemsappropriate.
CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, orfraudulentclaim, statement, submission, or certification to the Federal Government under an agreementconnectedwithaprojectthatisfinancedinwholeorpartwithFederalassistanceawardedbyFTAundertheauthorityof49U.S.C. §5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C.1001 and 49 U.S.C. §5307(n) (1) et seq. on the CONTRACTOR, to the extent the Federal Governmentdeemsappropriate. CONTRACTOR agrees to include this requirement in all of its subcontracts.
ARTICLE 4. CIVIL RIGHTS ASSURANCE
During the performance of this Agreement, CONTRACTOR, for itself, its assignees and successorsininterestagreeasfollows:
A). Compliance with Regulations: CONTRACTOR shall comply with the Regulations relative to
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CITY, who will in turn, report each violation as required to assure notification to FTA and the appropriate EPARegionalOffice. CONTRACTOR agrees to include this requirement in all of its subcontracts.
ARTCLE 23. LOBBYING
CONTRACTORs who apply or bid for an award of $100,000 or more shall file the certificationrequiredby49CFRpart20, "New Restrictions on Lobbying". Each tier certifies to the above that it will not orhasnotusedFederalappropriatedfundstopayanypersonororganizationforinfluencingorattemptingtoinfluenceanofficeroremployeeofanyagency, a member of Congress, officer or employee of Congress, oranemployeeofamemberofCongressinconnectionwithobtaininganyFederalcontract, grant or any otherawardcoveredby31U.S.C. 1352. Each tier shall also disclose the name of any registrant under theLobbyingDisclosureActof1995whohasmadelobbyingcontactsonitsbehalfwithnon-Federal funds withrespecttothatFederalcontract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwardedfromtiertotieruptotherecipient.
ARTICLE 24. DAVIS BACON
1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the workorundertheUnitedStatesHousingActof1937orundertheHousingActof1949intheconstructionordevelopmentoftheproject), will be paid unconditionally and not less often than once a week, and withoutsubsequentdeductionorrebateonanyaccount (except such payroll deductions as are permitted byregulationsissuedbytheSecretaryofLaborundertheCopelandAct (29 CFR part 3)), the full amount ofwagesandbonafidefringebenefits (or cash equivalents thereof) due at time of payment computed at ratesnotlessthanthosecontainedinthewagedeterminationoftheSecretaryofLaborwhichisattachedheretoandmadeaparthereof, regardless of any contractual relationship which may be alleged to exist between theCONTRACTORandsuchlaborersandmechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers ormechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made orcostsincurredformorethanaweeklyperiod (but not less often than quarterly) under plans, funds, orprogramswhichcovertheparticularweeklyperiod, are deemed to be constructively made or incurred duringsuchweeklyperiod. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefitsonthewagedeterminationfortheclassificationofworkactuallyperformed, without regard to skill, except asprovidedin29CFRPart5.5(a)(4). Laborers or mechanics performing work in more than one classificationmaybecompensatedattheratespecifiedforeachclassificationforthetimeactuallyworkedtherein:Provided, That the employer's payroll records accurately set forth the time spent in each classification inwhichworkisperformed. The wage determination (including any additional classifications and wage ratesconformedunderparagraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted atalltimesbytheCONTRACTORanditsSUBCONTRACTORSatthesiteoftheworkinaprominentandaccessibleplacewhereitcanbeeasilyseenbytheworkers.
ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,which is not listed in the wage determination and which is to be employed under the contract shall beclassifiedinconformancewiththewagedetermination. The contracting officershall approve an additionalclassificationandwagerateandfringebenefitsthereforeonlywhenthefollowingcriteriahavebeenmet:
1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by theclassificationrequestedisnotperformedbyaclassificationinthewagedetermination; and
2) The classification is utilized in the area by the construction industry; and
3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationshiptothewageratescontainedinthewagedetermination; and
4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in
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which the work is performed.
B) If the CONTRACTOR and the laborers and mechanics to be employed in the classification (ifknown), or their representatives, and the contracting officer agree on the classification and wage rateincludingtheamountdesignatedforfringebenefitswhereappropriate), a report of the action taken shall besentbythecontractingofficertotheAdministratoroftheWageandHourDivision, Employment StandardsAdministration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove every additional classification action within 30 days ofreceiptandsoadvisethecontractingofficerorwillnotifythecontractingofficerwithinthe30-day period thatadditionaltimeisnecessary.
C) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classificationortheirrepresentatives, and the contracting officer do not agree on the proposed classification and wage rateincludingtheamountdesignatedforfringebenefits, where appropriate), the contracting officer shall refer thequestions, including the views of all interested parties and the recommendation of the contracting officer, totheAdministratorfordetermination. The Administrator, or an authorized representative, will issue adeterminationwithin30daysofreceiptandsoadvisethecontractingofficerorwillnotifythecontractingofficerwithinthe30-day period that additional time is necessary.
D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphsa)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under thiscontractfromthefirstdayonwhichworkisperformedintheclassification.
iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanicsincludesafringebenefitwhichisnotexpressedasanhourlyrate, the CONTRACTOR shall either pay thebenefitasstatedinthewagedeterminationorshallpayanotherbonafidefringebenefitoranhourlycashequivalentthereof.
iv) If the CONTRACTOR does not make payments to a trustee or other third person, theCONTRACTORmayconsideraspartofthewagesofanylaborerormechanictheamountofanycostsreasonablyanticipatedinprovidingbonafidefringebenefitsunderaplanorprogram, Provided, That theSecretaryofLaborhasfound, upon the written request of the CONTRACTOR, that the applicable standardsoftheDavis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set asideinaseparateaccountassetsforthemeetingofobligationsundertheplanorprogram.
M(A) The contracting officer shall require that any class of laborers or mechanics which is not listedinthewagedeterminationandwhichistobeemployedunderthecontractshallbeclassifiedinconformancewiththewagedetermination. The contracting officer shall approve an additional classification and wage rateandfringebenefitsthereforonlywhenthefollowingcriteriahavebeenmet:
1) The work to be performed by the classification requested is not performed by a classification inthewagedetermination; and
2) The classification is utilized in the area by the construction industry; and
3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationshiptothewageratescontainedinthewagedetermination.
B) If the CONTRACTOR and the laborers and mechanics to be employed in the classification (ifknown), or their representatives, and the contracting officer agree on the classification and wage rateincludingtheamountdesignatedforfringebenefitswhereappropriate), a report of the action taken shall besentbythecontractingofficertotheAdministratoroftheWageandHourDivision, Employment StandardsAdministration, Washington, DC 20210. The Administrator, or an authorized representative, will approve,modify, or disapprove every additional classification action within 30 days of receipt and so advise thecontractingofficerorwillnotifythecontractingofficerwithinthe30-day period that additional time isnecessary.
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C) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classificationortheirrepresentatives, and the contracting officer do not agree on the proposed classification and wage rateincludingtheamountdesignatedforfringebenefits, where appropriate), the contracting officer shall refer thequestions, including the views of all interested parties and the recommendation of the contracting officer, totheAdministratorfordetermination. The Administrator, or an authorized representative, will issue adeterminationwith30daysofreceiptandsoadvisethecontractingofficerorwillnotifythecontractingofficerwithinthe30-day period that additional time is necessary.
D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphsa)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under thiscontractfromthefirstdayonwhichworkisperformedintheclassification.
2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request ofanauthorizedrepresentativeoftheDepartmentofLaborwithholdorcausetobewithheldfromtheCONTRACTORunderthiscontractoranyotherFederalcontractwiththesameprimeCONTRACTOR, oranyotherfederally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held bythesameprimeCONTRACTOR, so much of the accrued payments or advances as may be considerednecessarytopaylaborersandmechanics, including apprentices, trainees, and helpers, employed by theCONTRACTORoranySUBCONTRACTORthefullamountofwagesrequiredbythecontract. In the eventoffailuretopayanylaborerormechanic, including any apprentice, trainee, or helper, employed or workingonthesiteofthework (or under the United States Housing Act of 1937 or under the Housing Act of 1949 intheconstructionordevelopmentoftheproject), all or part of the wages required by the contract, the [ insertnameofgrantee ] may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take suchactionasmaybenecessarytocausethesuspensionofanyfurtherpayment, advance, or guarantee of fundsuntilsuchviolationshaveceased.
3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained bytheCONTRACTORduringthecourseoftheworkandpreservedforaperiodofthreeyearsthereafterforalllaborersandmechanicsworkingatthesiteofthework (or under the United States Housing Act of 1937, orundertheHousingActof1949, in the construction or development of the project). Such records shall containthename, address, and social security number of each such worker, his or her correct classification, hourlyratesofwagespaid (including rates of contributions or costs anticipated for bona fide fringe benefits or cashequivalentsthereofofthetypesdescribedinsection1(b)(2)(B) of the Davis-Bacon Act), daily and weeklynumberofhoursworked, deductions made and actual wages paid. Whenever the Secretary of Labor hasfoundunder29CFR5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costsreasonablyanticipatedinprovidingbenefitsunderaplanorprogramdescribedinsection1(b)(2)(B) of theDavis-Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to providesuchbenefitsisenforceable, that the plan or program is financially responsible, and that the plan or programhasbeencommunicatedinwritingtothelaborersormechanicsaffected, and records which show the costsanticipatedortheactualcostincurredinprovidingsuchbenefits. CONTRACTORs employing apprentices ortraineesunderapprovedprogramsshallmaintainwrittenevidenceoftheregistrationofapprenticeshipprogramsandcertificationoftraineeprograms, the registration of the apprentices and trainees, and the ratiosandwageratesprescribedintheapplicableprograms.
ii)(A) The CONTRACTOR shall submit weekly for each week in which any contract work isperformedacopyofallpayrollstothe [ insert name of grantee ] for transmission to the Federal TransitAdministration. The payrolls submitted shall set out accurately and completely all of the information requiredtobemaintainedundersection5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submittedinanyformdesired. Optional Form WH-347 is available for this purpose and may be purchased from theSuperintendentofDocuments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls byallSUBCONTRACTORS.
B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by theCONTRACTORorSUBCONTRACTORorhisorheragentwhopaysorsupervisesthepaymentofthe
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persons employed under the contract and shall certify the following
1) That the payroll for the payroll period contains the information required to be maintained undersection5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on thecontractduringthepayrollperiodhasbeenpaidthefullweeklywagesearned, without rebate, either directlyorindirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations, 29 CFR part 3;
3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringebenefitsorcashequivalentsfortheclassificationofworkperformed, as specified in the applicable wagedeterminationincorporatedintothecontract.
C) The weekly submission of a properly executed certification set forth on the reverse side ofOptionalFormWH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph (a)(3)(ii)(B) of this section.
D) The falsification of any of the above certifications may subject the CONTRACTOR orSUBCONTRACTORtocivilorcriminalprosecutionundersection1001oftitle18andsection231oftitle31oftheUnitedStatesCode.
iii) The CONTRACTOR or SUBCONTRACTOR shall make the records required under paragrapha)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of theFederalTransitAdministrationortheDepartmentofLabor, and shall permit such representatives to interviewemployeesduringworkinghoursonthejob. If the CONTRACTOR or SUBCONTRACTOR fails to submit therequiredrecordsortomakethemavailable, the Federal agency may, after written notice to theCONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause thesuspensionofanyfurtherpayment, advance, or guarantee of funds. Furthermore, failure to submit therequiredrecordsuponrequestortomakesuchrecordsavailablemaybegroundsfordebarmentactionpursuantto29CFR5.12.
4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than thepredeterminedratefortheworktheyperformedwhentheyareemployedpursuanttoandindividuallyregisteredinabonafideapprenticeshipprogramregisteredwiththeU.S. Department of Labor, EmploymentandTrainingAdministration, Bureau of Apprenticeship and Training, or with a State Apprenticeship AgencyrecognizedbytheBureau, or if a person is employed in his or her first 90 days of probationary employmentasanapprenticeinsuchanapprenticeshipprogram, who is not individually registered in the program, butwhohasbeencertifiedbytheBureauofApprenticeshipandTrainingoraStateApprenticeshipAgencywhereappropriate) to be eligible for probationary employment as an apprentice. The allowable ratio ofapprenticestojourneymenonthejobsiteinanycraftclassificationshallnotbegreaterthantheratiopermittedtotheCONTRACTORastotheentireworkforceundertheregisteredprogram. Any worker listedonapayrollatanapprenticewagerate, who is not registered or otherwise employed as stated above, shallbepaidnotlessthantheapplicablewagerateonthewagedeterminationfortheclassificationofworkactuallyperformed. In addition, any apprentice performing work on the job site in excess of the ratio permittedundertheregisteredprogramshallbepaidnotlessthantheapplicablewagerateonthewagedeterminationfortheworkactuallyperformed. Where a CONTRACTOR is performing construction on a project in a localityotherthanthatinwhichitsprogramisregistered, the ratios and wage rates (expressed in percentages of thejourneyman's hourly rate) specified in the CONTRACTOR's or SUBCONTRACTOR's registered programshallbeobserved. Every apprentice must be paid at not less than the rate specified in the registered programfortheapprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified intheapplicablewagedetermination. Apprentices shall be paid fringe benefits in accordance with theprovisionsoftheapprenticeshipprogram. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicableclassification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determinesthatadifferentpracticeprevailsfortheapplicableapprenticeclassification, fringes shall be paid in
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accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a StateApprenticeshipAgencyrecognizedbytheBureau, withdraws approval of an apprenticeship program, theCONTRACTORwillnolongerbepermittedtoutilizeapprenticesatlessthantheapplicablepredeterminedratefortheworkperformeduntilanacceptableprogramisapproved.ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less thanthepredeterminedratefortheworkperformedunlesstheyareemployedpursuanttoandindividuallyregisteredinaprogramwhichhasreceivedpriorapproval, evidenced by formal certification by the U.S.Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on thejobsiteshallnotbegreaterthanpermittedundertheplanapprovedbytheEmploymentandTrainingAdministration. Every trainee must be paid at not less than the rate specified in the approved program for thetrainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in theapplicablewagedetermination. Trainees shall be paid fringe benefits in accordance with the provisions of thetraineeprogram. If the trainee program does not mention fringe benefits, trainees shall be paid the fullamountoffringebenefitslistedonthewagedeterminationunlesstheAdministratoroftheWageandHourDivisiondeterminesthatthereisanapprenticeshipprogramassociatedwiththecorrespondingjourneymanwagerateonthewagedeterminationwhichprovidesforlessthanfullfringebenefitsforapprentices. AnyemployeelistedonthepayrollatatraineeratewhoisnotregisteredandparticipatinginatrainingplanapprovedbytheEmploymentandTrainingAdministrationshallbepaidnotlessthantheapplicablewagerateonthewagedeterminationfortheclassificationofworkactuallyperformed. In addition, any traineeperformingworkonthejobsiteinexcessoftheratiopermittedundertheregisteredprogramshallbepaidnotlessthantheapplicablewagerateonthewagedeterminationfortheworkactuallyperformed. In the eventtheEmploymentandTrainingAdministrationwithdrawsapprovalofatrainingprogram, the CONTRACTORwillnolongerbepermittedtoutilizetraineesatlessthantheapplicablepredeterminedratefortheworkperformeduntilanacceptableprogramisapproved.
iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen underthispartshallbeinconformitywiththeequalemploymentopportunityrequirementsofExecutiveOrder11246, as amended, and 29 CFR part 30.
5) Compliance with Copeland Act requirements - The CONTRACTOR shall comply with therequirementsof29CFRpart3, which are incorporated by reference in this contract.
6) Subcontracts - The CONTRACTOR or SUBCONTRACTOR shall insert in any subcontracts theclausescontainedin29CFR5.5(a)(1) through (10) and such other clauses as the Federal TransitAdministrationmaybyappropriateinstructionsrequire, and also a clause requiring the SUBCONTRACTORStoincludetheseclausesinanylowertiersubcontracts. The prime CONTRACTOR shall be responsible forthecompliancebyanySUBCONTRACTORorlowertierSUBCONTRACTORwithallthecontractclausesin29CFR5.5.
7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may begroundsforterminationofthecontract, and for debarment as a CONTRACTOR and a SUBCONTRACTORasprovidedin29CFR5.12.
8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations oftheDavis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated byreferenceinthiscontract.
9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions ofthiscontractshallnotbesubjecttothegeneraldisputesclauseofthiscontract. Such disputes shall beresolvedinaccordancewiththeproceduresoftheDepartmentofLaborsetforthin29CFRparts5, 6, and 7.Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of itsSUBCONTRACTORS) and the contracting agency, the U.S. Department of Labor, or the employees or theirrepresentatives.
10) Certification of eligibility - (i) By entering into this contract, the CONTRACTOR certifies thatneitherit (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a personorfirmineligibletobeawardedGovernmentcontractsbyvirtueofsection3(a) of the Davis-Bacon Act or 29
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