HomeMy WebLinkAbout25M - AGMT - RIGHT OF WAYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2017
TITLE:
AGREEMENT FOR ON -CALL RIGHT -
OF -WAY COORDINATING SERVICES
ON GRANT - FUNDED PROJECTS
(NON - GENERAL FUND)
(STRATEGIC PLAN NO. 6, 1G)
PTY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2 " Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with HDR
Engineering, Inc., to perform on -call right -of -way coordinating services for a three -year term
beginning April 18, 2017, and ending April 17, 2020, with provisions for one, two -year renewal
option exercisable by the City Manager and City Attorney, for a total not -to- exceed amount of
$500,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
Right -of -way coordinating services will be utilized to advance projects in the approved Capital
Improvement Program, including Bristol Improvement Phases 3A, 3B and 4, and the Warner
Avenue Improvements project. These on -call services will support City staff in the day -to -day
oversight of right -of -way tasks, such as deed research and cost estimates for all Public Works
projects; reviewing existing leases, licenses, franchises, easements, permits, and other
agreements; and providing property appraisal services for property acquisitions.
On December 1, 2016, the Public Works Agency released a Request for Proposals (RFP) to
qualified consulting firms to provide on -call right -of -way coordinating services. The RFP was also
posted on the City website. Two proposals were received for Right -of -Way Coordinating
Services, and both were deemed responsive. These proposals were evaluated by personnel
from the Public Works Agency and the City Attorney's Office. Each firm was rated according to
its qualifications, experience, capacity to perform the required work, and proposed cost and
pricing data. Below is the list of the firms and their respective scores:
Riaht- of -Wav Coordinator
1.
HDR Engineering, Inc. -
1 88.6
1 2.
1 Paragon
1 83.0
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Agreement for Right -of -Way Coordinating Services
April 18, 2017
Page 2
Based on the ratings, staff recommends that the top -rated firm, HDR Engineering, Inc., be
retained to provide on -call Right -of -Way Coordinating Services. This firm assisted the City with
right -of -way services in the past and has a good performance track record.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for these on -call services are available for allocation as needed from various projects in
the City's prior year and FY 2016 -17 approved Capital Improvement Programs (CIP). Funding
will also be budgeted in future CIP projects. Finance approval will be required for any task order
over $25,000 and /or if an account number is used that is not identified below.
The following spending plan is subject to change, based on available funding:
(, A A, L�
Fr d Mousavipour
Executive Director
Public Works Agency
FM /EWG /JG /KN
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Consultant Agreement— HDR Engineering, Inc.
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AGREEMENT TO PROVIDE, ON -CALL
RIGHT OF WAY COORDINATING SERVICES
THIS AGREEMENT is made and entered into this l8a day of April, 2017 by and between HDR
Engineering, Inc. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ( "City ").
RECITALS
A. On December 1, 2016, the City issued Request for Proposal No. 16 -141, by which it sought a
consultant to provide on -call right-of-way coordinating services for the City of Santa Ana Public
Works Agency.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents
that it is able and willing to provide the services described in the scope of work that was included
in RFP No. 16 -141 and attached as Exhibit A.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable
in its field and that any services performed by Consultant under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
fine in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as- needed basis, and at the sole discretion of City, Consultant shall perform during the term
of this Agreement the services that are described in Exhibit A. Consultant's proposal is incorporated by
reference as though fully set forth herein,
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximuin compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services performed under this
Agreement at the rates and charges identified in Exhibit B. The total sum to be expended during the term
of this Agreement, including any extension period, shall not exceed $500,000.
b. Payment by City shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not be made
for work which fails to meet the standards of performance set firth in the Recitals and Scope of Work,
which may reasonably be expected by City.
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This Agreement shall commence on the date first written above and terminate on April 17, 2020,
unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be
extended for one 2 -year period by a writing executed by the City Manager and the City Attorney.
EXHIBIT 1
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4. 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, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant perfoimmms 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.
S. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "), Consultant shall require all subcontractors to agree in
writing that City is granted a non - exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City: City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
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 naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and 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, with $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.
b. 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.
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c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than $1,000,000
per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
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 by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
iv. Consultant shall supply City with a fully executed additional insured endorsement.
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 Consultant's right to be paid
for its time and materials expended prior to notification of termination. Consultant waives
the right to receive compensation and agrees to indemnity the City for any work performed
prior to approval of insurance by the City.
7. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold hannless 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 ") related 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 patties. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The insurance policy limits do not
act as a limitation upon the amount of indemnification to be provided by the Consultant.
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8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify, and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs and attorney's fees, for
infringement of any United States' letters patent, trademark, or copyright contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
J. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly iidentifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10, CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also infornation transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NONDISCRIMINATION
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, tenn'rnation or other employment related activities,
or in connection with any services performed under this Agreement. Consultant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and regulations
and as further specified in Certifications - Exhibit C.
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13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant
regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between
the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,
the terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties agree that
any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition
to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied
herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City 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 set-vices which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. TERMINATION
This Agreement maybe terminated by the City upon thirty (30) clays written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
17. PROEESSIONAI., LICENSES
Consultant shall, throughout the tern 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
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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.
18, WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, 'failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be property given if delivered in person or mailed by first class or
certified marl, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax: 714- 647 -6956
With courtesy copies to:
Executive Director, Public Works Agency City Attorney
City of Santa Ana City of Santa Ana
20 Civic Center Plaza (M -21) 20 Civic Center Plaza (M -29)
P.O. Box 1988 P.O. Box 1988
Santa Ana, California 92702 Santa Ana, California 92702
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To Consultant:
MDR Engineering, Inc.
3230 El Camino Real, Suite 200
Irvine, CA, 92602
Phone: (71.4) 730 -2433
Fax: (714)730-2301
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -Pour (24) hours after the time
set f alh 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
SONIA R. CARVALHO
City Attorney
By: Qm4 !r!, i'
-_9 Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
7
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CITY OF SANTA ANA
Gerardo Mouet
Acting City Manager
CONSULTANT
Tom T. Kim
Senior Vice President
EXHIBIT A
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CITY OF SANTA ANA
RFP NO.: 16-t4l
ON -CALL RIC HT OF WAY COORDINATOR
SCOPE OF WORK
Introduction and Background:
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Might -of -Way
Consultant to ,provide right -of -way coordinating services for the City of Santa Ana Public Works Agency
on an as- needed basis. From the proposals received, it is the City's goal to select one firm to enter into
agreement for a not to exceed amount of $5(7(7,000.
Minimum Qualifications:
Consultant qualifications mast demonstrate tine minimum qualifications as established in the California
Department ol'Transportation (Caltrans) Right or Way Manual which can be accessed at:
http : / /www,(lot,ca.gov /hq /row /i,owman/manual /index. ham.
Description of Work:
Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana
staff or their designee on an as- needed basis. 'The Consultant shall be thoroughly familiar with the Statement of
Work prior to submitting a response to this Request for Proposal ('RFP).
• The Consultant shall perform work to produce a high quality, professional and complete work product,
• Consultant roust have experience with State and Federally funded projects. All work shall be ,performed
in conformance with all applicable regulations, policies, procedures and standards.
• Work, may include, but not be hnuted to, the following: onsite review of the project area; review of
existing records; conducting research and performing analysis; information gathering; negotiations;
development of strategies.
• The Consultant shall carry out the instructions received from the City and shall cooperate with the City
and other agencies,
•
The Consultant has total responsibility for the accuracy and completeness of the work produced. The
work will be reviewed by the City for conformity with the requirements of the Agreement, Reviews by
the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness; of such items remains solely that of the Consultant.
• The Consultant shall be responsible for coordination and supervision of all work performed by its sub -
consultants. The Consultant shall review all work performed by its sub - consultants and the
responsibility for accuracy and completeness of work performed remains solely that of Consultant.
+
'The Consultant shall have a Quality AssuranccJ uality Control (QA /QC) plait in effect during the entire
time work is performed under the Agreement. The QA /QC plan is intended to ensure that the appraisals,
maps, reports, plans, studies, estinthtes, agreements and other documents submitted under assigned Scope of
Work are complete, accurate, checked, and proofread to mect professional standard practice requirements,
25M -11
CITY OF SANTA ANA
RFPNO.: t6 -141
ON -CALL RIGHT OF WAY COORDINATOR
and to monitor work for conformance with the appropriate standards and policies. Additionally, all
electronic files shall conform to the City's file naming system.
• The Consultant shall diligently work on cacti assignment and complete each task in accordance with the
schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspection and audit by City, County, State and Federal
representatives,
• Project tiles including copies of all correspondences, reports, documents, and electronic tiles shall be
managed online to be shared among the City and various Consultants and update weekly. The schedule
and /or status report shall be updated frequently.
• All work, including reports, analysis, data, and intellectual properties developed during the life of the
Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon on such notification,
the Consultant will proceed with the services required by the Agreement.
Scope of Work*
Assist City staff overseeing all the right of way and real estate services. Ensuring all work will be performed in
accordance with the public agency's policies and procedures and federal, state and local regulations. Consultant
shall assign one staff as Project Coordinator managing and overseeing the following tasks including, but not
limited to:
+ Administration of atl right -of -way related consultant contracts including but not limited to: 1) Property
appraisal; 2) Furniture, fixture and equipment appraisal; 3) Business goodwill appraisal; 4)
Acquisition/relocation and property management services; and S) City real estate properties.
• Establishment of right of way requirements for road widening projects
•
Review accuracy of Right of way mapping and legal descriptions
+ Review Title reports and identify pertinent information
• Review and comment on real estate appraisals
+ Review and comment on improvements pertaining to realty, furniture, fixtures and equipment appraisals
• Review and comment on loss of business goodwill appraisals
• Review and comment on environmental studies to meet all applicable local, federal, and state laws,
regulations, rules, and other requirements.
+ Review and comment on acquisition tasks such as offer packages
+ 'Review and comment on relocation plan, arrange for periodic circulation support in accordance with the
Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITWs
Real Property Policies and Procedures and any other applicable regulations.
• Monitor negotiations done by other consultants
• Review relocation claim and monitor status of relocation and eviction efforts in accordance with the
Uniform Relocation and Real Property Acquisition Act of 1970 ('Uniform Act); the California
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CITY OF SANTA ANA
RFP NO,: 16-'111
ON -CALL RIGLIT OF WAY COORDINATOR
Relocation Assistance and Real Property Acquisition Guidelines; CITY's Real Property Policies and
Procedures and any other applicable regulations.
• Prepare documentation for administrative settlements
• Provide Condemnation support
• Monitor Demolition activities
• Prepare documentation for Right of way disposition
• Attend neighborhood and Council meetings, make public presentations to individuals and organizations
and represent CITY in presentations and public hearing on all matters Pertaining to the right of way
process.
• The overseeing Right of Way Coordinator shall be currently and validly licensed to practice the business
of Real Estate in the State of California. The Proposal shall include the Right of Way Coordinator's
Broker License Number as issued by the California Department of Consumer affairs Bureau of Real
Estate, All right ofway activities shall be in accordance with CITY's Rend Property Policies and
Procedures Manual, and Federal, State and local regulations
• The Coordinator shall also have Hill time experience conducting same work as those required by this
RFP for at least the past 5 years.
• Revievv title and escrow services necessary for the acquisition of real property, which include, but are
not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, document
searches, document preparation, estimates of closing costs, escrow instructions, and other documents.
• .Review all documents for submission and delivery to escrow companies; review title and escrow
documents; ensure that CITY is acquiring good title and /or the property rights needed for the completion
of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development
Of future consideration; coordinate escrow closings and file all applicable forms and documents with the
County Assessor's Office.
• Coordinate and provide support to CITY legal staff to clear title, if necessary.
• Prepare all necessary documents to the title and escrow companies for approval by CITY.
CONSULTANT will be responsible for managing and monitoring the title and escrow companies to
ensure timely delivery,
• Advise CITY of Any Preliminary Title Reports /Litigation Guaranties, determine title deficiencies,
develop a plan to resolve and cure title deficiencies and clear liens and encumbrances.
• Upon completion of Project, advise CITY of any Policy of Title insurance, American Land Title
Association (ALTA) or California Land Title Association (CLTA) extended- coverage owner's policy
based on the value of the property provided by CITY,
• Market for sale properties via traditional and non - traditional methods
• Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary,
environmental site assessments.
• Coordinate Phase 1 Environmental Soil Assessment Reports and, if required, provide Phase It
assessments, Hazardous Materials Disclosure Documents (HMDD) and Request to Acquire
Contaminated Property (RACP) ifrequired.
• Advise for the submittal of any approval, certification or other similar (IocumCut that anyjurisdictional
agency may require, and obtain approval/acceptance from said jurisdictional agency.
• Recommend aunormt ofjust compensation. The CITY shall make the final determination ofjust
compensation,
+ Review and maintain a parcel negotiator's log (parcel diary) for each parcel.
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CITY OF SANTA ANA
RFP NO; 16 -1.41.
ON -CALL RIGHT OF WAY COORDINATOR
• Advise in the preparation of the Informational Letter and Offer Letter
• Maintain a Record of Negotiations documenting that all elements of the acquisition process and
transactions were performed in accordance with applicable Federal, State, and local laws and
regulations,
• Establish and maintain an acquisition file for each property owner or property interest acquired and
maintain a file checklist pursuant to CI'T'Y's ,policies and procedures.
• Secure Agreements for Possession and Use, Right of Entries, and licenses or permits from property
owners for purposes of porl'orming hazardous waste, archeological and other inspections. If needed,
provide support to CITY legal staff.
• Perform any other normal procedures and processes to implement the acquisition assignment and shall
provide any other supporting information and /or correspondence required by CITY
• .Provide bilingual acquisition agents as needed.
• Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Wary
Certification.
• Assist CITY in Eminent Domain Support. [('requested, CONSULTANT shall provide expert testimony
in any court or administrative proceedings, and assist as required in legal matters as directed by CITY
legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering
of documents and information.
• Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities
required by the PROJECT.
• Review existing leases, licenses, franchises, easements, permits and other agreements for the subject
properties.
• Set -up procedure to sell surplus property
The firm must have its own office space with all equipment and supplies necessary to carry out the Right of
Way Coordination Services. The Project Manager may at tunes need to work at the City alongside with City
staff. The City will provide a work station for the Project Manager to use for no more than 20 hours a week.
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrans' Audits and Investigations (AM), other state audit organizations, or the federal
govertnnent. The selected Consultant shall complete Exhibit 10 -K — Consultant Certification Contract Costs
and Financial, in the Appendix of this RFP as Attachment 4.
City Responsibilities:
The City will provide information in its possession relevant to preparation of required information in RFP. The
City will provide only the sniff assistance and documentation specifically referred to herein,
Special Requirements !Attachment 4):
• Compliance with Requirements of Funding Agency
• Consultant Audit and Review Process (Caltrans funded contract)
• This project is funded through Federal and Measure M2 and shall comply with all requirements of
Caltrans and OCTA
25M -14
Consultant: HUR Enginoarinrl, Inr..
Contract No,: T81)
data: 12/2012016
Fringe Benefit 0% 1 Overhead 149.39%
EXHIBIT B
+ + General Administration 0% = - 149,39% (ICR)
FEE = 12%
Namo /Job T1tle7Cias$Iflcatlon
Hourly Billing Rates
Straight OT(1.5x) OT(2x)
Effective date of Hourly Rate
From To
% or $
Increase
Hourly range
for classification$ only
Michels Chinn - Program Managoi
$ 160.55
DESCRIPTION OF
ITEMS
UNIT
111/2017
12/31/2 17
0%
1
$ 178.33
Pmect ManageNSrokei
17172018
12131/2018
4%
Poets o
$ 183.38
At Cost
I
1/1120'19
12/31/2019
41%
ReberI Woodard • QAIQC Manager
If 20144
IRS Patel
771/2017
1281/ 017
0%
$ 209.50
111I201t)
Direct Cost
12/31/2018
4%
$ 217.88
_
_
UL SUSCON I AN191 ODCS= $20AUUMU
1/112019
12/3112010
4%
Jennifer Cola ROW Tochinican
$ 87.12
1/t12017
12131/2017
0%
$ 90.60
1/1!2518
1213112018
4%
$ 94.23
1/112019
12/31/2019
4'Y,
Jessica Talman - Project Controller
$ 04.83
11112017
1213112017
0%
$ 08.82
1H12018
=1 2/]112018
4%
102.57
'1/112019
12/31!2019
4%
SCHEDULE OF OTHER DIRECT COST ITEMS
HDR Engineering, Inc.
I Wiggans Group, Inc.
DESCRIPTION OF
ITEMS
UNIT
UNIT
COST
TOTAL
DESCRIPTION OF
ITEMS
UNIT
UNIT
COST
TOTAL
Printing
1
Al Cost
Pmect ManageNSrokei
55
$ 140.00
$7,700.00
Poets o
1
At Cost
I
lGenlor ROW Anent
102,5
$ 120.00.412300.00
Mileage
1
IRS Patel
Imileago
'I
I IRS Rate
Direct Cost
I
At COSt
RIME rOTAL ODCs= ATCOSI
_
_
UL SUSCON I AN191 ODCS= $20AUUMU
25M -15
EXHIBIT C CITY OF SANTA ANA
RFF NO.: 16 °141
ON -CALL RIGHT" OF WAY COORDINATOR
NON- DI5+CRIMIN T'IA ON CERTIFICATION
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL, RIGHT OF WAY COORDINATOR
RFP NO.: 16 -141
The undersigned consultant or corporate officer, during the performance of this contract, certifies
as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin, The Consultant shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer•, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship, The Consultant
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on
behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he /she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4, The Consultant shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his/her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation, to ascertain
compliance with such rules, regulations, and orders.
6, In the event of the Consultant's non- compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the Consultant may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by ride, regulations, or order of the Secretary of Labor, or as
otherwise provided by law,
Page 1 oft
25M -16
CITY OF SANTA ANA
RFP NO.: 16 -141
ON -CALL. RIGHT OF WAY COORDINATOR
The Consultant shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontract or purchase order as the administering agency may direct as
means of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subconsultant or vendor as a result of such direction by the administering
agency, the Consultant may request that the United States enter into such litigation to protect
the interests of the [United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works
because of race, religious creed, color, national origin, ancestry, physical handicaps, mental
condition, marital status, or sex of such persons, except as provided in Section 1420, and any
consultant of public works violating this Section is subject to all the penalties imposed for a
violation of the C er.
Signed:
Title: SY• VIC& ort.5iaf -h•i-
Firm: o2?_
Date: 1) -/),o ( alb
Pago 2 of 2
25M -17
CITY OF SANTA ANA
RFP NO.: 16 -141
ON -CALL RIGHT OF WAY COORDINATOR
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
In conformance 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 other 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.
Signed
Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are
cautioned that making a false certification may subject the certifier to criminal
State of California
County of, —_„__
Subscribed and sworn to (or affirmed) before me on thi day of _ _, 20_ , by
_ proved to me on the b s of satisfactory evidence to be the
person(s) who appeared%efore me
Notary Public Signature
25M -18
Notary Public Seal
Page I of 1
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
,See Attached Document (Notary to cross out lines 1-6 below)
See Statement Below (Lines 1-6 to be completed only by document signer(sj, not Notary)
of Document Signer No, 1 Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document,
State of California
County of��
IAICHELLE A. WHm1E
commission * 2104067
-: Notary Public - California
orange County
comm,E meesA 1j.2ot9r
Subscribed //and sworn to (or affirmed) before me
on this .. y�,„- day of � 20_U&
by note month Year
(and
Narnefs) of Signer(s)
proved to me on the basis of satisfactory evidence
to be the person(s) voo, appeared before me,
r
Signaturew_ 1AL&I - I ��—
�
Signature of Notary Public
Sea/
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unlntanded document.
Description of Attached Document
Title or Type of Document; - (t t h `Gmocument mate; __) . —< Ul
Number of Pages: --- _ Signers) tither Than Named Above:
• src,'�r.�c�z.
02014 National Notary Association = www.NationaiNotery.org = 1- 800 -US NOTARY (1- 600.876 -6927) ftem #6910
25M -19
CITY OF SANTA ANA
RFP NO.: 16 -141
ON -CALL RIGHT OF WAY COORDINATOR
NON-LOBBYING CERTIFICAJ'ION
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT OF WAY COORDINATOR
RFP NO.. I6 -I41
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(1) 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 finds have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities' in conformance with its instructions.
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 subrecipients shall certify and disclose accordingly.
Signed:
Title: Sr. Vi(L ?YtSidbA4-
Firm: *JnnL•
Date: 1 .)..a 1 'Lot1�
Page 1 of 1
25M -20