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HomeMy WebLinkAbout25D - AGMT - CONNECTIVITY PLAN4 '�1 0 *' CITY COUNCIL MEETING DATE: JULY 7, 2015 ?a t� CONTINUED TO CITY MANA4R s R •, ❑ As Recommended ❑ As Amended ❑ ordinance on 1" Reading ❑ ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For,__ Authorize the City Manager and the Clerk of the Council to execute an agreement with Cole & Associates, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide transportation and traffic planning and engineering services for a Sidewalk/Non- Motorized Connectivity Plan, for a one -year period beginning July 8, 2015, and expiring June 30, 2016, with provision for one, one -year extension exercisable by the City Manager and City Attorney, in a total amount not to exceed $531,594, including the renewal period. The recommended action will provide for field assessment of all sidewalk, wheel chair ramps, and pedestrian path linkages citywide, to determine and rate their condition. The field assessment will determine whether linkages are ADA compliant; provide the cost of installing, repairing, or upgrading the linkage facilities to meet ADA standards; and compile a prioritization list to construct missing links and /or perform repairs. A safe, well- maintained pedestrian network that provides accessibility and mobility for all users is paramount to meet the community mobility needs. The objective of the Sidewalk/Non- Motorized Connectivity (SWC) Plan is to determine an effective way to keep track of deficiencies in the pedestrian infrastructure and identify an effective methodology to track, plan, and prioritize improvements. A key aspect of the study is establishing, with staff and City Council input, a predetermined ranking criteria and selection methodology which will result in prioritizing all current and future efforts to repair linkages. The study will also facilitate re- assessing the non - motorized connectivity infrastructure for future maintenance and improvement. 2501-1 Agreement with Cole for Sidewalk/Non- Motorized Connectivity Plan July 7, 2015 Page 2 In addition to the field review, the SWC Plan will also recommend improvements, develop cost estimates, develop prioritization criteria, prioritize improvements, and identify the method of continued monitoring and its frequency. Timely completion of these project deliverables requires the services of a transportation/traffic planning and engineering professional with expertise and specialized equipment for assessing non-motorized infrastructure. A Request for Proposals (RFP) for transportation/traffic planning and engineering services was released and distributed to qualified firms on March 30, 2015. The City received five proposals. The proposals were reviewed by a committee comprised of Public Works Agency staff. Proposal ratings were based on experience, project understanding, relevant project experience, qualifications, and the ability to meet the schedule. The top three firms were asked to participate in an interview with the review committee. The three firms were evaluated on their presentation, methodology, and schedule. The combined proposal and interview scores are summarized in the following table (out of a total 100 points possible): FIRM SCORE 1. Cole 91 2. Sally Swanson 88 3. KOA 80 Staff recommends that Cole be retained to provide trans portation/traffic planning and engineering services for a total amount not to exceed $531,594. This firm has demonstrated they have the experience and resources needed to provide the required services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Individual environmental reviews will be conducted for each recommended improvement at the time of implementation. These types of projects typically qualify for Categorical Exemptions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy B (incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). 25D-2 Agreement with Cole for Sidewalk/Non- Motorized Connectivity Plan July 7, 2015 Page 3 FISCAL. IMPACT Funds for the Non - Motorized Connectivity Citywide Improvements project have been budgeted in in the Liability & Property Insurance Fund (Account No. 08009051 - 62300, Project No. 16 -6852) and identified in the FY 2015/16 Capital Improvement Program. Funds will be expended in FY 2015/16 in the amount of $531,594. i Fro Mousavl our Executive Director Public Works Agency *dward . Executive Director Personnel Services Agency FM /EWG /ZK Exhibits: 1. Agreement APPROVED ASwTO FUNDS AND ACCOUNTS: Executive Director Finance & Management Services Agency 25D -3 25D -4 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 8 "' day of July 2015 by and between Cole & Associates, Inc. a Missouri corporation d.b.a. Cole Design Group in California (hereinafter referred to as " Consultant" or "Cole & Associates ") 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 "). NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: TERM This Agreement shall commence on July 8, 2015 for a one (1) year tern with the option for the City to grant up to one one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 1 SCOPE OF WORD Consultant agrees to perform during the tern of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated into this Agreement by reference. 3. SCHEDULE OF SERVICES Upon Notice to Proceed issued by the City, Consultant shall complete services and shall perform and deliver there to the City as described and detailed in Exhibit A. Consultant shall meet the work deliverables within the schedule and compensation approved herein. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Compensation - Exhibit B, attached hereto and incorporated into this Agreement by reference, in an amount not to exceed $531,594 over the entire life of the Agreement, including any renewal period(s). 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of Exhibit 1 Attachment 2 - 1 25D -5 authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer disks (CD)s, USB jump drives or equivalent, which are prepared or caused to be prepared by Consultant under this Agreement ( "Docuunents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed Linder this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, ajoirnt venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Attachment 2 - 2 25D -6 8. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. Business automobile 'liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect by consultant without thirty (30) clays prior written notice to the City, except for 10 clays' notice for non - payment of premium, Attachment 2 - 3 25D -7 f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 9. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall, be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indenmiity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant, 10. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law, Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free anti harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, Attachment 2 - 4 25_8 and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, as further specified in Certifications - Exhibit C, attached hereto and incorporated into this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, Attachment 2 - 5 25D -9 subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product(s) shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISC12IMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited . by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, and as further specified in Certifications - Exhibit C, attached hereto and incorporated into this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performmance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. The parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or anise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. I9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: Attachment 2 - 6 25D -10 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 copy to: Executive Director of Public Works City of Santa. Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 To Consultant: Mike Vonderheide Cole & Associates 2701 E. Camelback Road, Suite 175 Phoenix, AZ 85016 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20, MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions — Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Attachment 2 - 7 25D -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney J $y: J s Sandoval lief Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT: FRED MOUSAVIPOUR Executive Director Public Works Agency Attachment 2 - 8 Kevin Riggs President & CEO 25D -12 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SIDEWALK / NON - MOTORIZED CONNECTIVITY PLAN RFP NO. 15-024 �.. T INTRODUCTION The City of Santa Ana (City) is the county seat with a population of 334,227 and a land area of approximately 27 square miles. The city is effectively built out and has an older established pedestrian network. However, detailed assessment /knowledge of the existing state of the pedestrian network is limited. Due to various factors listed below, the City has a high rate of pedestrian activity. • Most densely populated City in Orange County (Ranking 4th Nationally) • 80% of students walk to some local elementary schools. • 52% of Residents are under the age of 30 18% of Households are without a car • 14% of Residents use public transit a Santa Ana has 55 of the top 100 busiest bus stops in Orange County Santa Ana ranks 5th out of the 13 highest population cities in California in injury/fatal pedestrian involved traffic collisions To balance the pedestrian needs and provide the appropriate level of facilities, it is clear that a safe, well maintained pedestrian network that provides accessibility and mobility for all users is paramount to meet the community needs and ADA compliance. To accomplish this goal an assessment and program to manage the pedestrian infrastructure is needed. DESCRIPTION The City is issuing this Request for Proposals (RFP) for the Sidewalks /Non - motorized Connectivity (SWC) that involves looking for an effective way to keep track of deficiencies in the pedestrian infrastructure and identifying an effective methodology to track, plan, and prioritize improvements. The SWC will conduct a field review of the existing citywide pedestrian network, recommend improvements, develop cost estimates, develop prioritization criteria, prioritize improvements, and identify method of continued monitoring and its frequency. PROJECT TASKS The Consultant shall provide all necessary services to perform the following tasks: Task 1: Proiect Preparation and Development: The Consultant shall interface both locally with City staff and other affected agencies as necessary, as well as participate in discussions and presentations with the wider design team at periodic project milestones. In order to ensure a timely progression of the project from inception to Attachment I - I Exhibit A 25D -13 Attachment 1 final deliverable, the following activities should be anticipated once the Notice to Proceed (N TP) is authorized: • Project Kick -off Meeting + Bi- Weekly or Monthly PDT Meetings + Project Schedule Management • Monthly Progress Reports + Monthly Cost Accounting Quality Assurance / Quality Control Of particular importance is the PDT Meetings. The consultant shall prepare, update, and provide staff with a punch list prior to the PDT meetings so that discussion may include an action plan to follow -up on. Task 2: Data collection: Field data collection of the entire pedestrian infrastructure, which runs alongside 422 centerline miles of vehicle roadways (arterial, collectors, locals combined) and traverses across approximately 3,500 intersections (including 300+ signalized intersections). The information collected will include, but not be limited to, existing condition, gaps in the network, type and severity of deficiencies, sidewalk conditions, curb ramps, ADA compliance, drainage problems, surface spalling or cracking, obstructions, etc. Task 3: Indicator Development Develop a quantitative indicator for each sidewalk segment based on deficiency and /or barrier type, frequency of occurrence, severity of deficiency, level of pedestrian activity and demographic use, etc. This indicator will be used to develop a model and policy for use as a planning tool for city staff to prioritize improvements. The model should be on GIS and have the ability to export information into a spreadsheet (see samples in Attachment 4). Task 4: GIS Development: Create GIS elements and populate detailed information for all the features in GIS, based on the data collected, Task 5: GIS Mapping: Map the information collected about the pedestrian infrastructure and the extent to which the pedestrian infrastructure meets ADA requirements. Task 6: Protocol Development; Develop a protocol to track inspection and maintenance of pedestrian infrastructure and keep the database up to date. Task 7: Guidance: Provide guidance on web - based, mobile or desktop review /updater based on experience with system management, Task 8: Plan: Develop Sidewalk /Nan - Motorized Connectivity Plan, identifying and prioritizing the changes that need to be adopted by the City to remove accessibility barriers in the existing pedestrian network. The plan will include cost estimates for each street improvement option for each street segment and /or intersection. Attachment i - 2 2501-14 As part of the final report, included in the data collection, indicator development, and other tasks are detailed cost estimates for each deficiency. Each detailed cost estimate shall be accessible via spread- sheets linked to the mapping being developed as requested herein or available via GIS. Each location shall have sufficient information such as construction quantities and unit costs so that based on a level of priority or location of where improvements are desired, staff may readily compile a bid sheet to advertise sidewalk and non - motorized connectivity improvements for construction bids. Task 9: raining : Train City staff in the use of the newly developed GIS tools, and in maintaining the sidewalk and pedestrian amenities and inventory up to date. The required products, which are to be delivered to the Traffic Engineering section of the City of Santa Ana Public Works Agency, shall be as follows: 1. All data collection information for each street segment/intersection. 2. The draft SWC Report (electronic). 3. The final SWC Report (10 hard copies, one electronic). All written reports, information, data, charts, tables, maps, drawings, etc, shall be in electronic format acceptable to the City of Santa Ana. SCHEDULE This project is a high priority project for the City of Santa Ana Public Works Agency. The proposal shall include a proposed project schedule for the milestones indicated below. The final report and training should be completed within 125 calendar days of notice to proceed issuance. Notice to Proceed: Project Administration (Tasks 1) Complete Field Review (Task 2) Indicator Development & GIS Mapping (Tasks 3 -6) Guidance (Tasks 7) Submit SWC Draft Report (Task 8) Submit SWC Final Report (Task 8) Training (Task 9) Attachment 1 - 3 2501-15 a i`9 r n 4'- I' 4* f a }� s j 25D -16 Y%. d X tll 9 a ±s Pa9: I °a a s �.�i =x a '99 ®ags A x3Sn G za�3% B.P P PV x ^n('i ••.P nAF- P [`."d9PiA�. F �S p A -. SQRy$ p° A4'a� &•J CY�� °� P.A »u� _p a=9FpY `, F.R RAN ap,�H _ F p i I .C° F ".'A nv99e ev9v SGrvy 9 '.A.5TYpNa'. 4 9 "Y tea• =m va... e9 9 3 }� � p2iy 53§ p is a F a a tit �� E Jill] _i� 995J 111 a y 99 °g.9 A x I s s bYS 25D -16 Y%. d X tll I 25D -17 ATTACHMENT 3: NON - COLLUSION AFFIDAVIT - - CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SIDEWALK / NON - MOTORIZED CONNECTIVITY PLAN RFP NO.: 15-024 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone Interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall alsoo nstitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certificat oni ay subject the certifier to criminal prosecution. Signed State of Cafffornia County of orange Su ibpd d sworn tc t M I ea*- appeared before me. (or affirmed) before me on this 24 day of April , 20j,5 by proved to me on the basis of satisfactory evidence to be the person(s) who Notary Public Signature — FNOTARY PIU0I AC ��NOTARY SEAL OP MISSOURI,ST. CHARLL "S COUNTY OMMISSION EXPIRES: MAY 2Q, 2017 #13802808 Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 1 Exhibit C 25D -18 APPENDIX ATTACHMENT 3: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SIDEWALK/ NON-MOTORIZED CONNECTIVITY PLAN RFP NO.: 15.024 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signs Title Date April 24, 2015 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 2 Exhibit C 2501-19 25D -20