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HomeMy WebLinkAboutCalifornia Property Specialist, Inc. CPSI & Paragon Partners, Ltd - 2013-09-16Dept. ID ED 13-30 Page 1 of 2 Meeting Date: 9/16/2013 7, k--Cd i raj CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/16/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robyn Uptegraff, Interim Assistant City Manager Travis Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of an Assignment Agreement between California Property Specialist, Inc., Paragon Partners, Ltd, and the City for appraisal, acquisition, and relocation implementation services for the Atlanta Avenue Widening Project Statement of Issue: Transmitted for City Council consideration is an Assignment Agreement between California Property Specialist, Inc. (CPSI), Paragon Partners, Ltd (Paragon), and City of Huntington Beach for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening project. Financial Impact: Sufficient funds are available in the Atlanta Avenue Widening account (21990002.69365). Contract funds were previously allocated by approved professional services agreement between the City of Huntington Beach and CPSI. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Assignment Agreement" between California Property Specialists, Inc., Paragon Partners, Ltd, and the City of Huntington Beach. Alternative Action(s): Do not approve the contact and direct staff accordingly. Analysis: On May 6, 2013, City Council approved the "Professional Services Contract Between the City of Huntington Beach and CPSI for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project" in the amount of One Hundred Eleven Thousand, Nine Hundred Twenty Five Dollars ($111,925.00). The Professional Services Agreement procured appraisal, acquisition, and relocation services needed to complete the Atlanta Avenue Widening ' Project. On June 20, 2013, CPSI notified the City that the company would be merging with Paragon. CPSI requested that the Professional Services Agreement be assigned to Paragon. Paragon is a Huntington Beach based right-of-way and real estate consulting company and was a finalist in the initial selection process for the Atlanta Widening right-of-way consultant search. Paragon Partners, Ltd has agreed to keep the California Property Specialists, Inc team intact through the term of the agreement and honor the contract price terms. HB -103- Item 8. - I Dept. ID ED 13-30 Page 2 of 2 Meeting Date: 9/16/2013 The City Attorney's Office prepared the proposed Assignment Agreement. Paragon Partners, Ltd has provided all necessary insurance documentation and Caltrans forms. Staff recommends approval of the Assignment Agreement. Environmental Status: Not applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Assignment Agreement between California Property Specialists, Inc., Paragon Partners, Ltd, and the City of Huntington Beach for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening project 2. Caltrans consultant certification forms completed by Paragon Partners, Ltd 3. Professional Services Contract between the City of Huntington Beach and California . Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project Item 8. - 2 HB -104- ASSIGNMENT AGREEMENT This Assignment Agreement made this 201h day of June 2013, by and between California Property Specialists, Inc., a California corporation (hereinafter "Assignor"), Paragon Partners Ltd., a California corporation (hereinafter "Assignee") and the City of Huntington Beach, a municipal corporation organized under the laws of the State of California (hereinafter "City" ), and RECITALS WHEREAS, Assignor entered into a Contract dated May 3, 2013, with the City of Huntington Beach, identified as "Professional Services Contract Between The City of Huntington Beach and California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project" for the purpose of assisting the City in appraisal, acquisition and relocation services for the Atlanta Avenue Widening Project; and WHEREAS, Assignor wishes to assign all of its rights and obligations under the Contract to Assignee; and WHEREAS, the Contract requires the prior written consent of the City for the assignment thereof, NOW THEREFORE, In consideration of the mutual covenants herein, contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignor hereby assigns all its right, title, and interest, and delegates all its obligations responsibilities and duties, in and to the Contract, to Assignee, effective June 30, 2013. 2. Assignee hereby accepts the assignment of all of Assignor's obligations responsibilities and duties under the Contract and all of Assignor's right, title and interest in and to the Contract, effective July 1, 2013. 3. City hereby consents to the assignment from Assignor to Assignee. 13-3834/99549 1 4. Notwithstanding the foregoing, Assignor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with Assignor's (or Assignor's subcontractors, if any) negligent performance of this Contract or its failure to comply with any of its obligations contained in this Agreement by Assignor, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Assignor will conduct all defense at its sole cost and expense and City shall approve selection of Assignor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Assignor. 5. Assignee hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with Assignee's (or Assignee's subcontractors, if any) negligent performance of this Contract or its failure to comply with any of its obligations contained in this Agreement by Assignee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Assignee will conduct all defense at its sole cost and expense and City shall approve selection of Assignee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Assignee. 6. The City, in executing its consent to this Assignment, does not release Assignor from any claims or remedies it may have against Assignor under the Contract. 13-3834/99549 2 7. Assignee hereby agrees to maintain the Assignor's team in place throughout the term of the Contract. Assignee agrees that any change in project personnel must be approved by the City prior to starting work. Parties acknowledge and agree that the contract will continue in full force and effect until the assignment has been completed as evidenced by execution by all parties of this Consent to Assignment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. ASSIGNOR, CALIFORNIA PROPERTY SPECIALISTS, INC., a California corporation By: 4� ,W M &cella A. Jorgens n, CV-0 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: INITIATED AND PPROVED: Ge is Marq 's, Secretary DIRECTOR OF PUBLIC WORKS PARAGON PARTNERS LTD, a California corporation By: '\to:t;n T .,�r.,llo «o,.;ao.,+/r>✓n print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer _ %jirZ, • ... • it/ Manager APPROVED A TO FORM: �? City Attorn 13-3834/99549 �"A i� INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQ E '�i.��.'�'' ) Hui ® 'it. of Huntington Beach AUG 2 ! 2M3 1. Requested by: Luis Gomez, Econ Dev 2. Date: 8/27/13 HUMAN ul�svu+zr%s ATYMINfSTR,17'101 3. Name of contractor/permittee: Paragon Partners 4. Description of work to be performed: Right of Way Consulting Services for Atlanta Widening Proiect 5. Value and length of contract: 111,925 6. Waiver/modification request: Allow self -insured retention policy 7. Reason for request and why it should be granted: Paragon Partners is in good financial standing based on financials provided. 8. Identify the risks to the City in approving this waiver/modification: Minimal risk exposure of $25k from self -insured retention policy. r Department ead Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Ad strator's Office is only required if Risk Management and the City At ey's Officedfsagree. 1. Ris Management p Approved ❑ Denied �J gnature D e 2. City Attorney's Office ---qApproved ❑ Denie ry-� Signature CJ Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Insurance Waiver Form.doc 8/27/2013 11:09:00 AM Nr IHi DgTF(MMIpp1YYYY) A ' t�CERTIFICATE OF LIABILITY INSURANCE 05/29/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ?PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IllliORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER rty62-424-1621 NAME: Sylvia Nelson The O. Box 7277 Company, Inc.lnc. 562-490-0432 PXNN E>tt; (FAX, No Long Beach, CA 90807 E-MAIL s Ivia dou he ins.com PRODUCER Richard Lindgren y g CUSTOMER,, #: PARAG-3 INSURERS AFFORDING COVERAGE NAIC # INSURED Paragon Partners Ltd. INSURER A:ACE American Insurance Co. 22667 5762 Bolsa Avenue, Suite 201 INSURER B : Huntington Beach, CA 92649 INSURER C INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICYNUMBER POLICY EFF MMIDD/YYY POLICY EXP MMIDD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—IOCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECTPRO LOC PRODUCTS - COMPIOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Par person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLALIAB EXCESS LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUNVE❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A TORY ATU OEH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ A REAL ESTATE ERRORS & OMISSIONS G2428296AO01 CLMS MADE:$25K RETENTION 011221I 1122114 Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Evidence of in -force coverage. Re: As -needed Services HUNTING City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE I pATA41A7141 V) M/MM3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ` "PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. . ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER 562-424-1621 `'"GNE"A" Sylvia Nelson The Dougherty Company, Inc. PHONE P.O. Box 7277 562-490-0432 Ext): Long Beach, CA 90807 AOOR S . S Ivia dou her ins.COm Richard Lindgren PRODUCER pARAG-3 r-ricrnrucw inm INSURED Paragon Partners Ltd. INSURER A: Hartford Insurance Company 29424 5762 Bolsa Avenue, Suite 201 INSURER B: Huntington Beach, CA 92649 INSURER C: INSURER D : INSURER E: INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR TYPE OF INSURANCE D R O C U BE POLICY EFF POLICY EXP IDDIYYYYI 01/01/14 LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X Contractual X X 72UUNPR1964 Z;;VIED AS ER TTORIY 01/01/13 EACH OCCURRENCE $ 1,000,00 pRAEMISESGET RENTED occurrence $ 300.00 MED EXP (Anyone person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ A ,UTOMOBILELIABILITY ANY Aura ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS I 72UUNPR1964 INSD OWNS -0- AUTOS 01101113 01/01114 COMBINED SINGLE LIMIT (Es accident) $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ X $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 72RHUPR1858 01/01113 01/01114 EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 DEDUCTIBLE RETENTION S 10,000 $ X $ A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRI O OF OPERATIONS below N 1 A X 72WENG6914 ALL STAT EMPLOYERS LIA STOP GA 01/01/13 01/01/14 X WC STjM U• OTH- E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: "As -needed Services" contract The City of Huntington Beach its agents, officers and employees are named additional Insured for general liability per attached endorsement Waiver of Subrogation applles'to general liability and workers compensation per attached endorsement HUNTING City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD GENERAL LIABILITY ENDORSEMENT - BLANKET FORM (ABRIDGED VERSION) 1. ADDITIONAL INSUREDS (PAGE 9 -12) 2. PRIMARY & NON-CONTRIBUTORY (PAGE 14) 3. WAIVER OF SUBROGATION (PAGE 15) (THIS IS THE VERSION ATTACHED TO ALL 2013 - 2014 CERTIFICATES) ( I POLICY NO. 72UUNPR1964 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered. (3) Prior to the policy period, no Insured listed Throughout this policy the words "you" and "your" refer to under Paragraph 1. of Section 11 — Who Is An the Named Insured shown in the Declarations, and any Insured and no "employee" authorized by you to other person. or organization qualifying as a Named give or receive notice of an "occurrence" or Insured. under this policy. The words "we", "us" and "our" claim, knew that the "bodily injury" or "property refer_ to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance. such a listed in-6ured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying.as such under Section II —Who Is An Insured. injury" or "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning. Refer to Section V —Definitions. after the policy period will be deemed to have SECTION I — COVERAGES been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or "property damage" will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any, insured listed under Paragraph 1. of Section II — Who Is An Insured orany a. We will pay those sums that the insured becomes "employee" authorized by you to give or legally obligated to pay as damages because of receive notice of an "occurrence" or claim: "bodily injury" or "property damage" to which this l i insurance applies. We will have the right and duty (1) Reports all, or any part, of the bodily injury„ or to defend the insured against any "suit" seeking "property damage" to us or any other insurer;. those Aamages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the Insured against any "suit" seeking for damages because of the "bodily injury" or damages for "bodily injury" or "property damage" to "property damage"; or which this insurance does not apply. We may, at (3) Becomes aware by any other means that our discretion, Investigate any "occurrence" and "bodily injury' or "property damage" has settle any claim or "suit" that may result. But: occurred or has begun to occur. (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed by any person or organization for Insurance;. and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the "bodily injury". have used up the applicable limit of insurance In e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physician, dentist, nurse; No other obligation or liability to pay sums or emergency medical technician or paramedic'. perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence", but only if: Coverages A and B. (a) The physician, dentist, nurse, emergencymedical b. This Insurance applies to "bodily injury' and technician or paramedic is "property damage" only if: employed by you to provide such services; (1) The "bodily Injury" or "property damage" Is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or 'the nooverage territory"; occupation of providing such services. HG.00 01 06 05 Page 1 of 18 . ©2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers" are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), to your members (if you are a damages for "bodily injury" and "property damage" and whileliability company), to a co -"employee" the will not reduce the limits of insurance. course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigatlon your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business; in the payment of judgments or settlements; or (b) To the spouse, child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co -"employee" or that "volunteer agreement described in Paragraph f. above, are no worker" as a consequence of Paragraph longer met. (1)(a) above; SECTION II — WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who must pay damages because of the injury a. An individual, you and your spouse are insureds, described in Paragraphs (1)(a) or (b) above; but only with respect to the conduct of a business or of which you are the sole owner. (d) Arising out of his or her providing or failing to b. A partnership or joint venture, you are an insured. provide professional health care services. Your members, your partners, and their spouses are also insureds, but only with respect to the If you are not in the business of providing conduct of your business. professional health care services, Paragraph (d) does not apply to any nurse, emergency c. A limited liability company, you are an insured. medical technician or paramedic employed by Your members are also insureds, but only with you to provide such services, respect to the conduct of your business. Your managers are insureds, but only with respect to (2) "Property damage" to property: their duties as your managers. (a) Owned, occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured. Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors. Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders. you are a limited liability company). e. A trust, you are an insured. Your trustees are also b. Real Estate Manager Insureds, but only with respect to their duties as Any person (other than your . "employee" or trustees. "volunteer worker"), or any organization while 2. Each of the hollowing is also an insured: acting as your real estate manager. . a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment. by you or while performing duties related to the conduct of your business. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Ontil your legal representative has been appointed. d. Legal Representative If You Die Your legal representative If you die, but oniy with respect to duties as such. That representative will HIS 00 0106 05 Page 9 of 18 have all your rights and duties under this: Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally Incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of Insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other an a partnership, joint venture or limited liability co any, provision. and over which you maintain financial interest more 6. Additional Insureds When Required By Written than 50% of the voting stock, will qualify as a amed /Contract, Written Agreement Or Permit Insured if there is no other similar insurance av 'table The following person(s) or organization(s) are an to that organization. However: additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the. 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the and of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the Injury or damage b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that .occurred before you agreement. acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense 9 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only If no other insurance of any kind is available to that person or organization for this liability. However, no person or organization Is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this A person or organization is an additional Insured under this provision only for that period of time required by the contract or agreement. committed before you acquired or formed the However, no such person or organization is an insured organization. under this provision if such person or organization is Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in a. Vendors r us and made a part of this Coverage Part. name under any motor vehicle registration law, ny person is an insured while driving such equip gnt � Any person(s) or organization(s) (referred to below along a public highway with your permission. Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or "property damage" arising out of "your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind Is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products - no person or organization is an insured with respect to: completed operations hazard". a. "Bodily injury" to a co -"employee of the person (1) The insurance afforded the vendor is subject to driving the equipment; or the following additional exclusions: b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 10 of 18 This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; �� .. HG 00 0106 05 (b) Any express warranty unauthorized by yo ; (c) Any physical or chemical change in t e ( product made Intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion 'does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (II) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products. Kc. Les ors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with. respect to liability, for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, .by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the Insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) This insurance does not apply to any insured ,/�� 2. Supervisory, inspection, architectural or person or organization, from whom you have' ` engineering activities. acquired such products, or any ingredient, parte. Permits Issued By State Or Political / or container, entering into, accompanying qr containing such products. Subdivisions bessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision i . . lease equipment; but only with respect to their has issued a permit liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". HG 00 0106 05 Page 11 of 18 %xf. Any Other Party Any other person or organization who is not an Insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2). In connection with your premises owned by or rented to you; or (3) In connection with "your work" and Included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to . provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily Injury" or "property damage" included within the "products -completed operations hazard". . With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps; shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, Inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Oflnsurance. How this insurance applies when other Insurance is available to the additional insured is described in the Other Insurance Condition In Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" Included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertlsing injury" sustained by anyone person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to . you,; or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization 'be Page 12 of 18 ____:3> HG 00 0106 05 added as .'an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately'to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purpose's of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or Offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any'additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date. received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit' (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation . or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of Injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not. apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured Is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 0106 05 Page 13 of 18. that are in excess of the applicable limit of'insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other Insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the othfir insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarlly occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A —Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion J. of Section - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other 7I urance When Required By Contract f you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other Insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 —�� HG 00 0106 05 If any of the other insurance does not permit insured will bring "suit" or transfer those rights to us contribution by equal shares, we will contribute b d help us enforce them. limits. Under this method, each insurer's share s — b. W liver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit)f S brogation) insurance to the total applicable limits of insuranc of all insurers. f the insured has waived any rights of recovery 5. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the Insured waived their b. Premium shown In this Coverage Part as advance premium Is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named:lnsured. . c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) ' We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fall to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or partof any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown In the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not Include "mobile equipment". S. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 0106 05 Page 15 of 18 WORKERS COMPENSATION BLANKET WAIVER OF SUBROGATION This form attached to all certificates requiring Workers Compensation Waiver Of Subrogation. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WE NG6914 Endorsement Number: Effective Date: 01 / 01 / 13 Effective hour Is the same as stated on the Information Page of the policy. Named Insured. and Address: PARAGON PARTNERS LTD. 5762 BOLSA AVE STE 201 HUNTINGTON BEAC, CA 92649 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. Person or Organization BLANKET AS REQUIRED BY WRITTEN CONTRACT SCHEDULE 2 % of the California workers' compensation Job Description ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US Countersigned by WAIVED Authorized Representative Form WC 04 03 06 (1) Printed In U.S.A. Process Date: 12 / 28 / 1 2 Policy Expiration Date: 01 / 01 / 1 4 ATTACHMENT #2 Local Assistance Procedures Manual EXHIBIT 10-F Certification of Consultant, Commissions & Fees EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the President representative of the firm of Paragon Partners Ltd. and duly authorized whose address is 5762 Bolsa Ave., Suite 201, Huntington Beach, CA 92649 , and that, except as hereby expressly stated, neither I nor the above firm that I represent have; (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. August 19, 2013 (Date) (Signature) Distribution: 1) Local Agency Project File ( Original & Contract) 2) DLAE (with contract copy) Page 1 OB 12-03 June 20, 2012 Item 8. - 10 HB -112- Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has established a DBE goal for this Agreement of 1.0 % 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for -profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "Agreement" also means "Contract" • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. OB 12-04 Page 1 June 29, 2012 HB -113- Item 8. - I I EXHBIT 10-I Local Assistance Procedures Manual Notice to Proposers DBE Information 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, a "Local Agency Proposer DBE Commitment (Consultant Contract)" (Exhibit 10-01) form shall be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal, and all DBE participation shall be collected and reported. A "Local Agency Proposer DBE Information (Consultant Contract)" (Exhibit 10-02) form shall be included with the Request for Proposal. The purpose of the form is to collect data required under 49 CFR 26. This form collects all DBE participation. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. G. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. Page 2 June 29, 2012 OB 12-04 Item 8. - 12 HB -114- Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program web site at: http://www.dot.ca.gov/hq/bep/. • Click on the link in the left menu titled Disadvantaged Business Enterprise • Click on Search for a DBE Firm link • Click on Access to the DBE Ouer, Form orm located on the first line in the center of the page • Searches can be performed by one or more criteria • Follow instructions on the screen C. How to Obtain a List of Certified DBEs without Internet Access: DBE Directory - If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the online database. A copy of the directory of certified DBEs may be ordered from the Caltrans Publications Unit at (916) 263-0822, 1900 Royal Oaks Drive, Sacramento, CA 95815-3800. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. OB 12-04 Page 3 June 29, 2012 HB -115- Item 8. - 13 EXHBIT 10-I Local Assistance Procedures Manual Notice to Proposers DBE Information C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Agreement, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal. B. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks fi•om another DBE firm including an owner -operator who is certified as a DBE. A DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. A DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. A DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this Section D, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Page 4 June 29, 2012 OB 12-04 Item 8. - 14 HB -116- Local Assistance Procedures Manual EXHIBIT 10-J Standard Agreement For Subcontractor/DBE Participation EXHIBIT 10-J STANDARD AGREEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION 1. Subcontractors A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. C. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by the Agency. D. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. 2. Disadvantaged Business Enterprise (DBE) Participation A. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. If the contract has a DBE goal, the Consultant must meet the DBE goal by committing DBE participation or document a good faith effort to meet the goal. If a DBE sub consultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another DBE sub consultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the local agency deems appropriate. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. OB 12-04 Page 1 June 29, 2012 HB -117- Item 8. - 15 EXHIBIT 10-J Local Assistance Procedures Manual Standard Agreement For Subcontractor/DBE Participation 3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 4. Prompt Payment of Funds Withheld to Subcontractors (Local agency to use eitherA,B, or C below; delete the other two.) A. No retainage will be withheld by the Agency from progress payments due the prime contractor. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultants and subconsultants. B. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. Page 2 June 29, 2012 OB 12-04 Item 8. - 16 xB -118- Local Assistance Procedures Manual EXHIBIT 10-J Standard Agreement For Subcontractor/DBE Participation C. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subconsultant performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime consultant and subconsultants. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 5. DBE Records A. The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts - entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. B. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the Consultant or the Consultant's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager. 6. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. OB 12-04 Page 3 June 29, 2012 HB -119- Item 8. - 17 Local Assistance Procedures Manual EXHIBIT 10-01 Local Agency Consultant DBE Commitment EXHIBIT 10-01: LOCAL AGENCY CONSULTANT DBE COMMITMENT (Inclusive of all DBEs at time of proposal) NOTE: Please refer to instructions on the reverse side of this form. 1. Local Agency Name: City of Huntington Beach EDD 2. Project Location: Atlantic Avenue 3. Project Description: Appraisal, Acquisition and Relocation Implementation Services 4. Consultant Name: Paragon Partners Ltd. 5. Contract DBE Goal %: 1.0 DBE Commitment Information 6. Description of Services to be Provided 7. DBE Firm 8. DBE Cert. 9. DBE % Contact Information Number Appraisal Review H'elmstrom & Assoc. 38014 15% 22411 Carminito Grande. Laguna Hills to 16. Local Agency Contract Number: _ 17. Federal -aid Project Number: 18. Proposed Contract Execution Date: -1 1 Z��J �e� 1 Local Agency certifies that all DBE certifications are valid and the fT• PL*�er�ignatufe information on this form is complete and accurate: Neilia LaValle 12. Preparer's Name (Print) 19. Local Agency Representative Name (Print) President /KI& 15,Lz� 13. Preparer's Title 20. Lo al Agency Rcpreseldati a ignature 21. Date 8/19/13 714 379-3376 ext. 210 u , �(ON N� 14. Date 15. (Area Code)Tel. No. 22. Local Agency epresentative Title 23. (Area Code) Tel. No. Distribution: (1) Original —Submit with Award Package (2) Copy —Local Agency files OB 12-04 Page 1 June 29, 2012 Item 8. - 18 HB -120- Exhibit 10-01 Local Assistance Procedures Manual Local Agency Consultant DBE Commitment INSTRUCTIONS - LOCAL AGENCY CONSULTANT DBE COMMITMENT Consultant Section The Consuliani shall: 1. Local Agency Name — Enter the name of the local or regional agency that is funding the contract. 2. Project Location - Enter the project location as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).. 4. Consultant Name - Enter the consultant's firm name. 5. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-I form. See LAPM Chapter 10. 6. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 7. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and telephone number, if the prime is a DBE. 8. DBE Cert. Number - Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 9. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 10. Total % Claimed —Enter the total participation claimed. If the Total % Claimed is less than item "6. Contract DBE Goal", a Good Faith Effort (GFE) is required. 11. Preparer's Signature —The person completing this section of the form for the consultant's firm must sign theirname. 12. Preparer's Name (Print) — Clearly enter the name of the person signing this section of the form for the consultant. 13. Preparer's Title - Enter the position/title of the person signing this section of the form for the consultant. 14. Date - Enter the date this section of the form is signed by the preparer. 15. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agency Section: The Local Agency representative shall: 16. Local Agency Contract Number - Enter the Local Agency Contract Number. 17. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 18. Contract Execution Date - Enter the date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page 23. 19. Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section. 20. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the Local Agency Representative signs the form. 22. Local Agency Representative Title - Enter the position/title of the person signing this section of the form. 23. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the form. Page 2 June 29, 2012 OB 12-04 xB -121- Item -8 . - 19 Local Assistance Procedures Manual EXHIBIT 10-02 Local Agency Consultant DBE Information EXHIBIT 10-02: LOCAL AGENCY CONSULTANT DBE INFORMATION (Inclusive of all DBEs listed at bid proposal) NOTE: Please refer to instructions on the reverse side of this form 1. Local Agency Name: City of Huntington Beach EDD 2. Project Location: Atlantic Avenue 3. Project Description: Appraisal, Acquisition and Relocation Implementation Services 4. Total Contract Award Amount: $ R 5. Consultant Name: Paragon Partners Ltd. 6. Contract DBE Goal %: 1.0 7. Total Dollar Amount for all Subcontractors: $ unknown 8. Total Number of all Subcontractors: 2 Award DBE Information 9. Description of Services to be Provided 10. DBE Firm Contact Information 11. DBE Cert. Number 12. DBE Dollar Amount Appraisal Review Hjelmstrom & Assoc. 38014 unknown 22411 Caminito Grande, Laguna Hills Appraisal I Kiley Com an 8329 unknown 2681 Dow Avenue Tustin CA _ - -- = -.. o—ca1 g Ce1d yoomp - ec on- dollars - � C 20. Local Agency Contract Number: - / 14 53 (P— Sj4nnW. 21. Federal -aid Project Number: S T PL 51 1 1 &5) p 22. Contract Execution Date: �J -1 �0 20 Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: — - - 14yCotal: _ -_ 23. Local Age R entati Name int) 24. Local Agency Representativ S' nature 25. Date VeaA 26. Local A ency Ikepresentative Title 27. (Area Code) Tel. No. t5..Zr*rer%-WnatJre Neilia LaValle 16. Preparer's Name (Print) President — _ ....:: Calt1?aIISO C1Lli7 le. a tliisectiOn =-- 17. Preparer's Title 8/19/13 18. Date 19. (Area Code) Tel. No. Caltrans District Local Assistance Engineer (DLAE) certifies that this form has been reviewed for completeness: 28. DLAE Name (Print) 29. DLAE Signature 30. Date Distribution: (1) Copy —Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract award. Failure to send a copy to the DLAE within 30 days of contract award may result in delay of payment. (2) Copy —Include in award package sent to Caltrans DLAE (3) Original —Local agency files Page 1 OB 12-04 June 29, 2012 Item 8. - 20 HB -122- EXHIBIT 10-02 Local Assistance Procedures Manual Local Agency Consultant DBE Information INSTRUCTIONS - LOCAL AGENCY CONSULTANT DBE INFORMATION Consultant Section The Consultant shall: 1. Local Agency Name - Enter the name of the local or regional agency that is funding the contract. 2. Project Location - Enter the project location as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 5. Consultant Name - Enter the consultant's firm name. 6. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-I form. See LAPM Chapter 10. 7. Total Dollar Amount for all Subcontractors - Enter the total dollar amount for all subcontracted consultants. SUM = (DBE's + all Non-DBE's). Do not include the prime consultant information in this count. 8. Total number of all subcontractors - Enter the total number of all subcontracted consultants. SUM = (DBE's + all Non- DBE's). Do not include the prime consultant information in this count. 9. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 10. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and telephone number, if the prime is a DBE. 11. DBE Cert. Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 12. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE, and include DBEs that are not identified as subcontractors on the Exhibit 10-0I form. See LAPM Chapter 9 for how to count full/partial participation. 13. Total Dollars Claimed - Enter the total dollar amounts for columns 12 and 13. 14. Total % Claimed - Enter the total participation claimed for columns 12 and 13. SUM = (item "14. Total Participation Dollars Claimed" divided by item 4. Total Contract Award Amount'). If the Total % Claimed is less than item "6. Contract DBE Goal", a Good Faith Effort (GFE) is required. 15. Preparer's Signature - The person completing this section of the form for the consultant's firm must sign their name. 16. Preparer's Name (Print) - Clearly enter the name of the person signing this section of the form for the consultant. 17. Preparer's Title - Enter the position/title of the person signing this section of the form for the consultant. 18. Date - Enter the date this section of the form is signed by the preparer. 19. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agency Section: The Local Agency representative shall. 20. Local Agency Contract Number - Enter the Local Agency Contract Number. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page 23. 23. Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section. 24. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 25. Date - Enter the date the Local Agency Representative signs the form. 26. Local Agency Representative Title - Enter the position/title of the person signing this section of the form. 27. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the form. Caltrans Section: Caltrans District Local Assistance Engineer (DLAE) shall: 28. DLAE Name (Print) -Clearly enter the name of the DLAE. 29. DLAE Signature - DLAE must sign this section of the form to certify that it has been reviewed for completeness. 30. Date -Enter the date that the DLAE signs this section the form. Page 2 June 29, 2012 OB 12-04 HB -123- Item 8. - 21 Local Assistance Procedures Manual EXHIBIT 10-P Nonlobbying Certification for Federal -aid Contracts EXHIBIT 10-P NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies by signing and submitting this proposal/bid 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 funds 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 accordance 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/her proposal/bid that he/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. OB 12-03 Page 1 June 20, 2012 Item 8. - 22 HB -124- Local Assistance Procedures Manual EXHIBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES DISCLOSURE OF LOBBYING ACTIVITIES l.UN1YLr,1r, 1r110rU1UNi 1U1J13l,LUST;LU1111Y114(.iAG11VIIL".rUKJUAN11UJ1 U.J.G. 1J32 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract N/A ❑ a. bid/offer/application N/A ❑ a. initial N/A b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ® Prime ❑ Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: N/A 8. Federal Action Number, if known: N/A 10. a. Name and Address of Lobby Entity (If individual, last name, first name, IQ N/A Congressional District, if known 7. Federal Program Name/Description: N/A CFDA Number, if applicable 9. Award Amount, if known: N/A b. Individuals Performing Services (including address if different from No. l0a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S N/A ❑ actual ❑ planned a. retainer N/A b. one-time fee Form of Payment (check all that apply): c. commission ❑a. cash N/A d. contingent fee b. in -kind; specify: nature a deferred Value £ other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No ❑X 16. Information requested through this form is authorized by Title „ 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into, This disclosure is required pursuant to 31 U.S.C. print Name: Nellia LaValle 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: President to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: 714 379-3376 ext. 210Date: 8/19/13 Authorized for Local Reproduction Federal Use Only: Distribution: Orig- Local Agency Project Files OB 12-03 Standard Form - LLL na5x-or; Page 1 June 20, 2012 xB -125- Item 8. - 23 EXHIBIT 10-Q Disclosure of Lobbying Activities Local Assistance Procedures Manual INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the fast subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4. checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4. to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal Page 2 June 20, 2012 OB 12-03 Item 8. - 24 xB -126- Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06.04-90aENDIF» OB 12-03 Page 3 June 20, 2012 HB -1.27- Item 8. - 25 Local Assistance Procedures Manual EXHIBIT 10-V Non -Discrimination Clause EXHIBIT 10-V NON-DISCRIMINATION CLAUSE (To be included in Consultant Agreement/Contract) NON-DISCRUVRNATION CLAUSE During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-t) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-0, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Page 1 OB 12-03 June 20, 2012 Item 8. - 26 HB -128- Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment E ATTACHMENT E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. None Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. N/A Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Page 12-31 OB 12-04 June 29, 2012 HB -129- Item 8. - 27 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS Federal -aid Project No. DBE INFORMATION - GOOD FAITH EFFORTS STPL -5181 (165) Bid Opening Date The _ City of Huntington Beach established a Disadvantaged Business Enterprise (DBE) goal of 1.0 % for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement N/A B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation N/A Please see Exhibits 10-01 and 10-02 Page 15-1 OB 12-04 June 29, 2012 Item 8. - 28 HB -130- Exhibit 15-H DBE Information -Good Faith Effort Local Assistance Procedures Manual C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items M Of (Y/N) Contract Please see Exhibits 10-01 and 10-02 D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: N/A Names, addresses and phone numbers of firms selected for the work above: Hjelmstrom & Assoc. 22411 Caminito Grande, Laguna Hills, CA Kiley Company 2681 Dow Avenue, Tustin, CA E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: N/A Page 15-2 June 29, 2012 OB 12-04 HB -131- Item 8. - 29 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Wthod/Date of Contact Results N/A H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. OB 12-04 Page 15-3 June 29, 2012 Item 8. - 30 HB -132- Dept. ID ED 13-08 Page 1 of 3 Meeting Date: 5/6/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/6/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Assistant City Manager Travis Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of a Professional Services Contract with California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project Statement of Issue: Transmitted for City Council consideration is a professional services agreement with California Property Specialist, Inc. (CPSI) for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening project. Financial Impact: Sufficient funds are available in the Atlanta Avenue Widening account (21990002.69365). Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project" in the amount of One Hundred Eleven Thousand, Nine Hundred Twenty Five Dollars ($111,925.00). Alternative Action(s): Do not approve the contact and direct staff accordingly. Analysis: A. PROJECT BACKGROUND On April 23, 2013, Planning Commission approved Coastal Development Permit No. 09-001 and Conditional Use Permit No. 09-019 which approves the widening of Atlanta Avenue from Huntington Street to Delaware Street needed to comply with the primary arterial street classification in the General Plan Circulation Element. The project will also bring the subject segment of Atlanta Avenue into compliance with the Orange County Master Plan of Arterial Highways. The project is approved for Federal funding. Construction of the proposed street improvements will require the acquisition of a 25 feet wide by 630 feet long (approx.) strip of land from the Pacific Mobile Home Park located immediately south of Atlanta Avenue. The acquisition of the 25 feet would directly impact eight mobile homes within the Park. HB -133-. Item 8. - 31 Dept. ID ED 13-08 Page 2 of 3 Meeting Date: 5/6/2013 B. CONSULTANT SELECTION PROCESS On November 29, 2012, the City released a Request For Proposal in search of a qualified Right -of - Way Consultant to provide appraisal, acquisition, relocation services, and other right-of-way functions and activities needed to complete with the Atlanta Avenue Widening Project. The City received a total of seven proposals. All proposals were evaluated and rated by an evaluation committee consisting of three City staff members, Caltrans District 12 Branch Chief, and an Orange County Transit Authority Senior Real Property Agent. The CPSI proposal was rated as superior by the evaluation committee based on the company's pricing, right-of-way experience and expertise with similar federally funded projects. The table below lists the respondents and proposed bid amounts for each. BIDDER'S NAME BID AMOUNT COMMENT Security Land and Right of Way Services, Inc $46,900.00 Disqualified - Pricing not provided for all project components California Property Specialist, Inc $99,275.00 Selected Bid HDR, Inc $112,499.00 Overland, Pacific, and Cutler, Inc $125,490.00 Paragon Partners, Ltd $125,711.00 Epic Land Solutions, Inc $149,125.00 Universal Field Services, Inc. $188,825.00 California Property Specialist, Inc. must conduct all right-of-way activities in accordance with all applicable federal, state, and local laws, regulations, directives, and standards including, but not limited to: the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA") as amended, the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines), the Caltrans Right -of -Way Manual and Local Assistance Procedures Manual. C. STAFF RECOMMENDATION: A Professional Services Agreement between the City and CPSI is necessary to complete appraisal, acquisition, relocation services, and other right-of-way functions and activities needed to complete the Atlanta Avenue Widening Project. Staff recommends City Council approve the contract in the amount of $111,925.00 and authorize the Mayor and City Clerk to execute the agreement. Due to the nature of this work, it is anticipated unforeseen items will occur during this process so staff has added a line item in the amount of $12,650.00 contingency for unforeseen work. Environmental Status: The project is covered by Recirculated MND No. 09-001, which was approved by the City Council on February 19, 2013. Recirculated MND No. 09-001 concludes that the project would not result in significant adverse environmental impacts with the incorporation of mitigation measures. Item 8. - 32 HB -134-. Dept. ID ED 13-08 Page 3 of 3 Meeting Date: 5/6/2013 Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Professional Services Contract with California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project HB -135-- Item 8. - 33 3 ATTACHMENT #1 11 Item 8. - 34 xB -136- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA PROPERTY SPECIALISTS, INC. FOR APPRAISAL, ACQUISITION, AND RELOCATION IMPLEMENTATION SERVICES FOR THE ATLANTA AVENUE WIDENING PROJECT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and California Property Specialists, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide appraisal, acquisition and relocation implementation services for the Atlanta Avenue Widening Project; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," Attachment 1, which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Georgia Marquis, Principal, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1 13-3672/91982 HB -137- Item 8. - 35 2. CITY STAFF ASSISTANCE CITY shall assign Luis Gomez, PE, Real Property Agent, as the designated contract Manager to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Q/:::> , 20Z� (the "Commencement Date"). This Agreement .shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in )Exhibit "A," Attachment 1 shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A," Attachment 1. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT at the rates, and for the completion of each of the project components specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Eleven Thousand Nine Hundred Twenty -Five Dollars ($111,925.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 2 13-3672/91982 Item 8. - 36 HB -138- compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 13-3672/91982 te HB -139- Item 8. - 37 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 0 13-3672/91982 Item 8. - 38 xB -140- 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, 13-3672/91982 5 xB -141- Item 8. - 39 unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of 13-3672/91982 Item 8. - 40 HB -142- CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach California Property Specialists, Inc. ATTN: Economic Development Department ATTN: Marcella A. Jorgensen, Principal 2000 Main Street 27782 Vista del Lago, Suite C29 Huntington Beach, CA 92648 Mission Viejo, CA 92692 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 7 13-3672/91982 HB -143- Item 8. - 41 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 8 13-3672/91982 Item 8. - 42 HB -144- 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 9 13-3672/91982 HB -145- Item 8. - 43 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. FEDERAL FUNDING CONTRACT REQUIREMENTS This Agreement shall be governed and construed in accordance with the provisions of the Federal Funding Contract Articles set forth in Exhibit "A," Attachment 2, as well as the provisions of 44 Code of Federal Regulations, Part 13.36 as set forth in Exhibit "A," Attachment 3 to this Agreement. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior 10 13-3672/91982 Item 8. - 44 HB -146- understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Q �_, 20 C�.3 . CALIFORNIA PROPERTY SPECIALISTS, CITY OF HUNTINGTON BEACH, INC., a California corporation a municipal corporation of the State of California By: 1�1 a r'Ct I I Q �, vr�aP.o,s�n print name ITS: (circle one) Chairm residen ice President AND AS TO FORM: print name ITS: (circle one Secretary hief Financial Officer/As ,� ity Attorn �kkAG �7 Secretary — Treasurer `� i2 } INITIATED AND APPROVED: QEgfW Assistant City Manager REVIEW VD PPROVED: // 'IV/ City Manager 11 13-3672/91982 HB -147- Item 8. - 45 EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide appraisal, acquisition and relocation implementation services for the Atlanta Avenue Widening Project for each phase of the project based upon the scope of services, work schedule, and cost proposal submitted to the CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall be as specified in the Agreement and collectively those specified in Exhibit "A," Attachments 1, 2 and 3, which are attached hereto and incorporated into the Agreement upon award and during the contract period. Only qualified CONSULTANT and subconsultant personnel shall perform project tasks specified in the Agreement. CONSULTANT and subconsultant qualification requirements are specified in Exhibit "A," Attachment 4, which is attached hereto and incorporated into the Agreement and further described in the Caltrans Right of Way Manual, Sections 17.06.00.00 through 17.06.04.01. CONSULTANT and subconsultant personnel must be deemed qualified by the CITY and Caltrans prior to starting work. The CONSULTANT shall obtain from Caltrans the Right -of -Way Certification required to proceed with this Project by no later than April 30, 2014. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish record information and documents that are available at the CITY. 2. Provide general direction to CONSULTANT as needed, review and provide comments on CONSULTANT submittals, and pay CONSULTANT for satisfactory, services rendered in accordance with the Agreement. 3. Obtain authorization and approvals as necessary to proceed, with assistance from CONSULTANT as needed. 4. All Local Public Agency (LPA) Responsibilities and Contract Manager Responsibilities specified in Exhibit "A," Attachment 4 and further described in the Caltrans Right of Way Manual, Sections 17.06.04.03 and 17.06.04.04. D. WORK PROGRAM/PROJECT SCHEDULE A project schedule will be developed by CONSULTANT and approved by the CITY for each phase of the Project. 13-3672/91982 Item 8. - 46 HB -148- EXHIBIT "A" Attachment 1— Project Scope of Work HB -149- Item 8. - 47 ATTACHMENT 1 1. BACKGROUND The City of Huntington Beach ("City") invites proposals from qualified Turnkey Right -of -Way Consultants to provide appraisal, acquisition, relocation implementation services, and the other right-of-way functions and activities needed to proceed with the City's proposed widening of Atlanta Avenue, between Huntington Street and Delaware Street. The Atlanta Avenue Widening Project ("Project") is a federally funded project, thus the selected Consultant must conduct all right-of-way activities in accordance with all applicable federal, state, and local laws, regulations, directives, and standards including, but not limited to: the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA") as amended, the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines), the Caltrans Right -of -Way Manual and Local Assistance Procedures Manual. Project Description The City proposes to widen the south side of Atlanta Avenue, between Huntington Street and Delaware Street, to comply with the primary arterial street classification in the General Plan Circulation Element. Both the City's General Plan Circulation Element and Orange County's Master Plan of Arterial Highways (MPAH) designate Atlanta Avenue as a primary arterial street. As defined in the General Plan, the primary arterial street classification provides sidewalk, curb, gutter, a bike lane, and two through lanes in each direction of travel, separated by a striped median. Currently, the subject segment of Atlanta Avenue provides one lane in each direction, a striped median, and on -street parking along a portion of the north side of the street. The proposed street improvements would create the street section needed to ultimately provide an additional through lane and bike lane in each direction of travel (see attached Conceptual Design). In addition, the Project's scope of work includes the on -site deconstruction and hauling away of the 8 mobile homes that would be directly impacted by the proposed project, clearing and grubbing, the construction of asphalt concrete roadway, striping, curb, gutter, sidewalk, an 8- foot tall concrete block wall atop a variable height (7 ft. max.) retaining wall, landscaping (including the removal or relocation of 25 trees within the existing mobile home park), reconstruction of a 24 ft. wide drive aisle (circulation road) and two emergency accesses along the Atlanta Avenue frontage of the mobile home park, and both public and privately owned utility adjustment and relocation. The five utility poles and overhead lines currently located along the south side of Atlanta Avenue within the existing public right-of-way would require relocation approximately 25 feet to the south based on the proposed southerly curb alignment. In accordance with the City's franchise agreements, the utility companies would be responsible for the relocation and/or adjustment of their facilities located within the existing public right-of-way. The relocation of any utilities located within Pacific Mobile Home Park ("Park"), however, would need to be coordinated with both the utility companies and the Park owner, as these are privately owned facilities. Generally, the existing utilities serving the 8 impacted mobile homes Item 8. - 48 HB -150- would be disconnected, the area would be cleared, and new utilities would be placed beneath the reconstructed 24 ft. wide circulation road. It should be noted that the Project requires approval of a coastal development permit for development in the coastal zone and a conditional use permit for the proposed retaining wall. The existing public street right-of-way along the subject segment of Atlanta Avenue varies from 60 ft. wide (30 ft. north and 30 ft. south of street centerline) at Huntington Street to 85 ft. wide (55 ft. north and 30 ft. south of street centerline) at Delaware Street. Consequently, construction of the proposed street improvements would require the acquisition of an additional 25 feet (approx.) of public street right-of-way south of the centerline of Atlanta Avenue (i.e., the public street right-of-way is proposed at approx. 55 ft. south of street centerline). The additional 25 feet of right-of-way would come from a 25 feet wide by 630 feet long (approx.) strip of land from the Pacific Mobile Home Park located immediately south of Atlanta Avenue. The acquisition of the 25 feet would directly impact eight mobile homes (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) within the Park. It is estimated that Project construction would take approximately six months. Once a contract is awarded, the contractor would provide a construction schedule to the City for review and approval. The 8 mobile homes that would be directly impacted by the proposed Project would be inspected and cleared of any hazardous materials, then deconstructed by hand using a sawzall and other hand -operated tools. No heavy demolition equipment would be used to complete this task. It is anticipated that the utilities serving the 8 directly impacted mobile homes could be disconnected with minimal or no disruption of service to the remainder of the Park. Once the area has been cleared, new utilities would be placed beneath the reconstructed 24 ft. wide circulation road. Residents would be notified in advance of any temporary disruption to service and any emergency needs would be addressed on a case by case basis. The following Project milestones have been completed: • November 18, 2010: Caltrans approves federal NEPA environmental document • January 18, 2011: City Council approves MND 09-001 for CEQA compliance* • May 2, 2011: Caltrans authorizes City to proceed with the Right -of -Way (ROW) phase • December 19, 2011: City Council approves Relocation Plan and Grievance Procedures *IMPORTANT NOTE: The City is currently revising the CEQA documents in response to litigation filed by Pacific Mobilehome Park, LLC. It is anticipated that the recirculated MND will be brought to the City Council for consideration in February 2013. However, staff will not proceed with the work identified in this RFP until so advised by the City Attorney's office. HB -151- Item 8. - 49 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP Deadline for Written Questions Responses to Questions Posted on Web Proposals are Due Proposal Evaluation Completed Approval of Contract 3. SCOPE OF WORK November 29, 2012 December 13, 2012 December 20, 2012 January 10, 2013 January 31, 2013 March 4, 2013 The following is a general description of the anticipated Project Components: 1. Right -of -Way Program and Project Management Services 2. Title Investigation/Clearance Services 3. Appraisal Services 4. Acquisition Services 5. Escrow Coordination Services 6. Relocation Plan Update 7. Relocation Assistance Program Implementation Services 8. Right -of -Way Certification Services 9. Supplemental Title Clearance Services* 10. Supplemental Relocation Assistance Services* 11. Utility Coordination and Relocation* 12. Eminent Domain Services (as needed)* *Optional Project Components Consultants are encouraged to provide recommendations with respect to scope, any additional project components, and order of completion. A detailed work plan, including a breakdown of specific tasks and phasing is required as part of the Consultants' proposals. The scope of work for each of the proposed Project Components may include, but is not limited to the following tasks: Required Project Components 1. Right -of -Way Program and Project Management Services a. Prepare a comprehensive work plan designed to ensure all Project elements are considered and the City's policies are clearly understood. Item 8. - 50 1-I13 -152- b. Prepare a comprehensive initial budget and schedule. c. Track and manage on -going right-of-way project tasks and budget. d. Assist with the development of administrative policies, procedures and forms necessary to carry out the right-of-way program. All public notices/written correspondence shall be subject to review and approval by the City. e. Provide on -going general consultation and Project coordination with the City, social service agencies, governmental entities and project team members. f. Represent the City at public meetings, hearings, and litigation related matters. g. Prepare and present a monthly written status report based on the agreed upon guideline on information to be provided. Confer weekly with City verbally on general status, problem areas, and progress. h. Coordinate and meet with federal and state oversight agencies such as Caltrans as directed by City. i. Subcontract for and manage all necessary disciplines needed for project. j. Provide Spanish-speaking translation agents as required. 2. Title Investigation/Clearance Services a. Secure vesting deeds, property profiles, and tax map for each property. b. Secure preliminary title reports for each property which will remain valid for 6 months or until there is an ownership change. c. Secure copies of recorded back-up documents as needed. d. Share preliminary title information with City staff, including but not limited to: right-of-way engineer, surveyor, and real estate appraisers for their use on the Project. e. Prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with approved Project plan. 3. Appraisal Services a. Determine, if applicable, the requirement to identify and appraise lease fee and leasehold interests of each property and provide appraisal reports for the following: i. Mobile home park right-of-way acquisition area (if this property is valued at over $500,000 two appraisals will be required) ii. Individual mobile home appraisals of 8 mobile homes directly impacted by the proposed Project (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) iii. Temporary construction easement (TCE) area b. Provide Review Appraisal Report(s) as required. c. Mail notification letter and acquisition policies brochure to each property owner, requesting permission to conduct an on -site inspection of the property, and requesting information regarding the property appraised which could influence the appraisal value. d. Appraiser will review title information pertaining to respective ownerships and will review drawings and other pertinent information relative to the property. e. Appraiser will inspect each property personally with the owner (if possible) and document the inspection with photographs for use in the report. J HB -153- Item 8. - 51 f. Appraiser will inventory all improvements affected by the proposed acquisition including notes on their manner of disposition (i.e., compensate for and remove vs. salvage and relocate). g. Appraiser will perform market research to support the selected appraisal methodologies and will document and confirm comparable sales information. h. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve as an acquisition appraisal and will be prepared in a summary format consistent with the specification for narrative appraisal reports. i. Review appraiser will inspect the proposed acquisition and comparable sales used. j. Review appraiser will evaluate appraiser's valuation findings and methodology and provide written report stating agreement or disagreement with appraisal report. k. Fixture and Equipment appraiser will evaluate the fair market value -in -place of each mobile home considering improvements such as skirting, steps, patios, storage areas and other added improvements. 1. Consultant will receive and analyze the completed appraisal reports and will reconcile the real estate, fixtures, and equipment appraisal(s) as necessary and recommend to the City the statement of just compensation for each property. 4. Acquisition Services — Mobile Home Park Owner and Individual Mobile Home Owners a. Establish and maintain complete and current ownership files in a form acceptable to the City. b. Receive and analyze title information, approved appraisal reports, and legal descriptions in sufficient detail to negotiate with property owners and other properties. c. Prepare all offer letters for real property, TCE area, and personal property, summary statements, and lists of compensable items of fixtures and equipment, in accordance with federal or state regulations and approval of City. d. Present written purchase offers to owners or their representatives in person, when possible. Secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable. e. Notify relocation agent of initiation of negotiations within five (5) business days and provide appraisal information, occupant contact information, and tenant information as necessary. f. Follow-up and negotiate with each property owner, as necessary for real property, TCE area, and personal property; prepare and submit recommended settlement justifications to City for review and approval; review any independent appraisal secured by property owner and coordinate reimbursement of appraisal fees (up to $5,000 for the land owner) with City. On -going negotiations and settlement discussions will continue for up to 8 weeks after the initial offer, or until a settlement is reached. g. In the event a counteroffer is made by property owner(s), Consultant shall prepare a memorandum to City stating amount of counteroffer and justification for amount exceeding original offer. Item 8. - 52 HB -154- h. Prepare and assemble acquisition contracts, deeds and related acquisition documents required for the acquisition of necessary property interests. Legal descriptions to accompany temporary construction easement or partial acquisition deeds will be completed by the City. i. Maintain a diary report of all contacts made with property owners or representatives and a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Copies of all applicable written correspondence will be maintained in files. j. Prepare an impasse letter for any property where, after diligent attempts to settle by negotiations, it appears eminent domain will be necessary or prudent to acquire the needed interest. k. Transmit executed acquisition documents to City. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes the pertinent data relative to the transaction. 1. Communicate and coordinate with engineers, planners, attorneys, real property agents, Caltrans and other agency staff, and Consultants. m. Provide required information to City staff for preparation of City Council Agenda Items, Staff Reports and public hearing notices as required for approval of acquisition terms. n. Provide coordination and assistance necessary to aid the condemnation counsel should the City determine that eminent domain proceedings are necessary, such as providing Histories of Owner Contacts, Property Owner Fact Sheets, etc. o. Provide a written summary of the status of the acquisition of each property on a monthly basis or upon request of City staff. Maintain current right-of-way property diaries. 5. Escrow Coordination a. If by Negotiated Settlement: Assist the escrow/title company in the following: i. Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount. ii. Provide escrow with fully executed acquisition contract and notarized deed. iii. Review settlement statement for accuracy. iv. Coordinate deposit of acquisition price and estimated closing costs with escrow. V. After the closing, review the title insurance policy for accuracy. vi. Prepare and mail a letter to County Assessor requesting cancellation of taxes if appropriate. 6. Relocation Plan Update (Update existing Plan) a. Interview all potentially affected occupants to determine relocation needs. The interviewer shall verify household information such as: the number, ages and gender of all occupants, income of the household, current rent, distance to employment and utilized neighborhood services, special needs of the household, legal residency, etc. HB -155- Item 8. - 53 b. Research the marketplace for available replacement dwelling and locations for compiling project costs. c. Compile statistics on available, comparable replacement housing. d. Calculate potential project costs. e. Update the Relocation Plan and review with City staff. f. Distribute Relocation Plan to Project participants and make it available for public review. g. Make any needed revisions brought up during the public review period. h. Participate in adoption presentation meeting. Relocation Assistance Program Implementation Services a. Secure basic case information and set up case file; maintain the necessary case documentation and contact diary throughout the course of City's involvement with the claimant. b. Provide General Information Notice to all Project site occupants at time of first written offer, including proof of service. c. Conduct initial in-depth field interview with claimant: Document rent, income, family size, names/ages of occupants, legal residency; determine relocation needs, preferences and special requirements; provide general information notices and brochure; explain relocation process, rights and benefits available. d. Provide on -going advisory assistance to minimize hardships on claimants, including referral to and coordination with community service resources, public housing and other public services as needed. e. Document rent with rental agreement, receipts, or economic rent if needed. f. Document/verify income using pay stubs, budgets worksheets, tax returns, certification, and/or cash affidavit as necessary. Use rent -to -rent method if income cannot be verified. g. Assist with the reconciliation of FF&E ownership among owner and tenant. h. Search for, document and inspect individual comparable dwellings for each claimant. Provide initial referrals and three sets of additional housing referrals every 2-4 weeks, as necessary. i. Prepare letter of eligibility and entitlement amounts based on most appropriate comparable replacement dwelling and seek authorization from City. j. Deliver letter of eligibility to claimant, discuss findings and impacts to occupants' particular needs. Amend the letter of eligibility one additional time if the economics of the comparable's availability changes over the course of respective assignment. k. Prepare and deliver all notices as required by all applicable federal, state, and local laws, and as approved by the City. 1. Arrange for transportation to view replacement sites if needed; assist claimants with their selection of a replacement site, with lease offers, with review of rental agreements, and with move bids or fixed moving payment. m. Inspect selected site to ensure it meets decent, safe, and sanitary requirements. n. C the replacement site escrow and explain the relocation process to agent and escrow officer as necessary. Item 8. - 54 xB -156- o. Review and discuss claimants' moving plans, build -out specifications and personal property inventory and coordinate eligibility limitations in advance of physical move. p. Verify vacation of the displacement site and secure a certificate of abandonment. q. Determine eligibility for proposed amount of relocation benefits, including actual and reasonable moving payments, rental/purchase differential payments and fixed payments as applicable. r. Each claim will be signed by the claimant, supported by appropriate back-up (written bids, schedules, receipts, etc.), and will be reviewed by Consultant's project manager for recommendation before submitting to City for approval. Each claim check will be delivered to claimant in person (as feasible) and a receipt of payment will be secured. 8. Right -of -Way Certification Services a. Attend certification planning meeting with City's Right-of-way Local Assistance Coordinator and Project team. b. Prepare real estate components of right-of-way data sheet and provide current and escalated costs for acquisition and relocation; incorporate engineers' construction and utility information as provided to Consultant. c. Ensure appraisal maps/right-of-way maps and legal descriptions are all properly identified and prepared in conformance with approved right-of-way numbering system. d. Oversee utility relocation activities as required for completion of certification form including compiling utility notices and submittal of hi -low risk utility sheet prepared for Caltrans Right -of -Way Local Assistance Coordinator review. e. Ensure that all interests necessary for the project have been secured and all relocation activities have been performed in compliance with applicable laws and regulations. f. Prepare certification forms in coordination with engineer and City to include the compilation of all necessary back-up documents required including: deed, final order of condemnation, access easements, cooperative agreements, permits, right of entries, etc. g. Attend and coordinate pre- and post -audit submittal meetings. Optional Project Components 9. Supplemental Title Clearance Services a. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in the settlement memorandum and escrow instructions. b. Coordinate payment of taxes due and release of liens. c. Secure full or partial reconveyance instruments from lien holders of record. d. Coordinate lost instrument bonds as may be necessary. e. Coordinate and facilitate recordation of corrective deeds to clear vesting issues. f. Secure subordination agreements from conflicting easement holders. xB -157- Item 8. - 55 10. Supplemental Relocation Assistance Services a. Provide support to City for claimant appeals. b. Continue to work with claimant beyond 180 days from general information notice. c. Administer periodic payments of relocation benefits. d. Security of dual consultant services which may be necessary in hostile/violent households. e. Translation services (other than Spanish) if needed by Consultant and requested by City or claimant. f. Intensive move planning, administrations, and physical move coordination services in complex or hardship cases. g. Section 8 administration or processing services where Consultant aids in the application process on behalf of claimants or is converting conventional units to Section 8 units. 11. Utility Coordination and Relocation a. Review design plans and cross sections and conduct a field review to identify potential utility involvements. Review findings with the project manager/project engineer. b. Prepare utility notices and other correspondence to utility owners as directed by the City. c. Contact cities and utility companies to obtain as-builts, utility location maps and other documentation to identify utility locations. d. Coordinate potholing to positively identify conflicts. e. Coordinate with the City, utility owners, appraisers, and contractors to determine total cost associated with on -site, private utility relocation and prepare an itemized cost estimate to the City for budgeting purposes. f. Prepare a Report of Investigation to determine liability for relocation costs, including a determination of prior rights. g. Coordinate and plan with the utility owners and their engineers as needed, to discuss project design, potential conflicts, relocation alternatives, and resolution to conflicts. h. Obtain detailed scopes of work from the utility companies for relocation, estimated start and completion dates and proposed cost to perform and complete the job. i. Work with the City, land owner, and utility owner(s) to ensure the Utility Relocation Plan is compatible with permit requirements and utility agreements are properly prepared. j. Assist in obtaining permits, licenses and replacement easements as necessary for utility relocations. k. Obtain final drawings and as -built plans from the utility owners and confirm that all items of work have been completed by the utility owner. 1. Prepare utility closeout file for each utility and transfer to the City. Item 8. - 56 HB -158- 12. Eminent Domain Coordination Services (as needed) a. If Settlement by Eminent Domain: Assist eminent domain counsel with the following: i. Prepare a letter for the City's signature, to eminent domain counsel requesting proceeding to condemnation. ii. Provide eminent domain counsel with available right-of-way maps and legal descriptions, preliminary title reports and title review documents, and information on how to contact each owner or interest holder. iii. Provide eminent domain counsel with a duplicate copy of the property file, together with a copy of the appraisal, offer to purchase, correspondence, acquisition contract, and deed as presented. iv. Convert preliminary title reports to litigation guarantees for eminent domain counsels' use. xB -159- Item 8. - 57 EXHIBIT "A" z�J Attachment 2 — Federal Funding Contract Articles Item 8. - 58 HB -160- ATTACHMENT 2 FEDERAL )FUNDING CONTRACT ARTICLES ARTICLE 1 INTRODUCTION A. The Contract Manager for the City of Huntington Beach shall be Luis Gomez, PE, Real Property Agent, or his designated representative. ARTICLE 2 PERFORMANCE PERIOD (DELETE) ARTICLE 3 ALLOWABLE COSTS AND PAYMENT A. Specific tasks will be assigned to the CONSULTANT through issuance of Task Orders. B. The CONSULTANT will be reimbursed for tasks completed to the satisfaction of the CITY based on the corresponding lump sum, unit costs, or hourly rates specified in the CONSULTANT's Cost Proposal (Exhibit "B"). The specified lump sum, unit costs, or hourly rates shall include all costs and expenses, including but not limited to: direct and indirect salary costs, employee benefits, overhead, reimbursable expenses, profit, and fee. C. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. D. The CONSULTANT shall not commence performance of work or services until this Agreement has been approved by the CITY, and notification to proceed has been issued by the CITY's Contract Manager. No payment will be made prior to approval or for any work performed prior to approval of this contract. E. The total amount payable by the CITY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. F. The total amount payable by the CITY for all Task Orders resulting from this Agreement shall not exceed $111,925. It is understood and agreed that there is no guarantee; either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders. G. All subcontracts in excess of $25,000 shall contain the above provisions. ARTICLE 4 FUNDING REQUIREMENTS A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to the CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this contract in any manner. HB_161_ Item 8.-59 C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. D. The CITY has the option to void the Agreement under the 30-day cancellation clause, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE 5 COST PRINCIPLES A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the individual allowability of cost items. B. The CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to the CITY. ARTICLE 6 CONTINGENT FEE The CONSULTANT warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE 7 RETENTION OF RECORDS / AUDITS For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, the CONSULTANT, subcontractors, and the CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, the State Auditor, CITY, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. Item 8. - 60 HB -162- ARTICLE 8 DISPUTES A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the CITY's Contract Manager and the City Engineer or his designated representative, who may consider written or verbal information submitted by the CONSULTANT. B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the CITY Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this Agreement. ARTICLE 9 AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the CITY's Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the CITY's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by the CITY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this Agreement. ARTICLE 10 SUBCONTRACTING A. The CONSULTANT shall perform the work contemplated with resources available within its own organization, and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the CITY's Contract Manager; except that which is expressly identified in the approved Cost Proposal. B. Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. C. Any substitution of subconcontractors must be approved in writing by the CITY's Contract Manager. ARTICLE 11 EQUIPMENT PURCHASE (DELETE) ARTICLE 12 INSPECTION OF WORK The CONSULTANT and any subcontractor shall permit the CITY, the state, and the FHWA if federal participating funds are used in this contract to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis. xB -163- Item 8. - 61 ARTICLE 13 SAFETY A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the CITY's Authorized Agent or representative. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the CITY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE 14 OWNERSHIP OF DATA A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. The CONSULTANT shall furnish the CITY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into. C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the CITY of the machine-readable information and data provided by the CONSULTANT under this Agreement; further, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the CITY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the CONSULTANT. D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreement as appropriate. E. The CITY may permit copyrighting reports or other Agreement products. If copyrights are permitted, the Agreement shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. F. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. ARTICLE 15 CLAIMS FILED BY CITY' S CONSTRUCTION CONTRACTOR A. If claims are filed by the CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from the Item 8. - 62 HB -164- CONSULTANT's personnel is required in order to evaluate or defend against such claims, CONSULTANT agrees to make its personnel available for consultation with the CITY's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that the CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the CONSULTANT's personnel services under this Agreement. C. Services of the CONSULTANT's personnel in connection with the CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to finally resolve the claims. D. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. ARTICLE 16 CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to the CITY's operations, which are designated confidential by the CITY and made available to the CONSULTANT in order to carry out this Agreement, shall be protected by the CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by the CITY relating to the Agreement, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. The CONSULTANT shall not comment publicly to the press or any other media regarding the Agreement or the CITY's actions on the same, except to the CITY's staff, CONSULTANT's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the CITY, and receipt of the CITY's written permission. E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article. F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSULTANT to any entity other than the CITY. ARTICLE 17 NATIONAL LABOR RELATIONS BOARD CERTIFICATION (DELETE) ARTICLE 18 EVALUATION OF CONSULTANT The CONSULTANT's performance will be evaluated by the CITY. A copy of the evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments xB -165- Item 8. - 63 shall be retained as part of the contract record. ARTICLE 19 STATEMENT OF COMPLIANCE The CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. ARTICLE 20 DEBARMENT AND SUSPENSION CERTIFICATION A. The CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the CITY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT's responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. ARTICLE 21 STATE PREVAILING WAGE RATES A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. ARTICLE 22 REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right in its discretion to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Item 8. - 64 HB -166- ARTICLE 23 PROHIBITION OF EXPENDING CITY, STATE OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies to the best of his or her knowledge and belief that: 1. No state, federal or local agency appropriated funds have been paid, or will be paid by - or -on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any.employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or 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 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 CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. 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, US. 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. C. The CONSULTANT also agrees by signing this document 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. HB -167- Item 8. - 65 EXHIBIT 66A99 Attachment 3 — 44 CFR, Part 13.36 Item 8. - 66 xB -168- 44 Code of Federal Regnladous kart 13.36 0 Contract provisions. A grantee`s and svbgrantee`s contracts umst contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold). (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000). (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrautees). (4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgran s for construction or repair). (5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legisMon). (6) Compliance with Sections 103 and. 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and subgmntees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pig to copyrights and rights in data. (10) Access by the grantee, the subgrautee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, ..y.y w..1 ..... � :! ,V" .. �..�1.u....»-. .•..• -., .. ... ....C....- � 4�t4^-�..� .-,..`�y��r�tA1'p^.i.����•r.�. .�.. ... ... .-W►J..- ,. � �i.-f•••��.. \� - , ..1r •`ri l.�•••�J. .\ f-.� •S .�+i. +.. ••\SJ.. \ ' •�� .i�J�4 t5" •\ .� fil xB -169- Item 8. - 67 i 3 documents, papers, and records of the cofactor which are directly pertinent to that specific contract for the purpose of mak-ing audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under i section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Dater Act (33 1 U.S.C. 1368), Executive Order I1738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of$100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). ',` _ , r •s *; 11�, .fir.. �S �,• � .. "�,� •S• •'�p•�•\ Item 8. - 68 xs -170- EXHIBIT "A" Attachment 4 — Consultant Qualifications and Selection Criteria HB -1 7 1- Item 8. - 69 17.06.00.00 - CONSULTANT QUALIFICATIONS AND SELECTION CRITERIA 17.06.01.01 Consultant Oualifications - General It is extremely important for the LPA to select a R/W consultant who not only knows what the LPA's specific needs are but has the qualifications to perform the work legally and ethically to meet those specific needs. The authority for the selection of private sector consultants to perform right of way functions on both local assistance projects (Off State Highway System) and locally funded projects (On State Highway System) with or without federal funding has been delegated to the Local Public Agency. The selection process will be administered by the LPA using the Consultant Selection Criteria and Guide (below). The Criteria establish recommended minimum levels of experience and permit the evaluation of prospective consultant firms. Work samples provided by the consultant should be reviewed by the LPA. The LPA must advertise and seek competitive bids from consultants who meet the selection criteria for the right of way function needed on a project -by -project basis when there is State or Federal funding in the project. 17.06.02.01 Consultant Selection Criteria and Guide RIGHT OF WAY ESTIMATING CONSULTANTS To be used when an estimate of the cost of right of way requirements is needed for a project or an update to the right of way estimate is needed. When selecting consultants to prepare right of way estimates, care must be exercised to ensure that the candidates have expertise in appraisal fields of all types of real estate needed for transportation projects, acquisition for transportation projects, relocation for transportation projects, and utility relocation. The consultant is required to possess either an Appraisal License or a Real Estate License. The consultant must have a minimum of two (2) years' experience and the knowledge necessary to estimate the value of all types of real estate needed for transportation projects, the cost to relocate displacees under the requirements of the Uniform Act, and the costs associated with utility relocations. Please see Exhibit 17-EX-21, Right of Way Data Sheet for Local Public Agencies. APPRAISAL CONSULTANTS To be used on projects where property rights are to be acquired for a project, whether those rights are temporary, permanent, in fee, or easement, or compensable damages accrue to property as a result of the project. The appraiser measures the fair market value of the rights to be acquired. When selecting appraisal consultants, care must be exercised to ensure that the candidates have expertise in the specific appraisal field appropriate for the contemplated project. The greater the complexity of the project, the greater the need for highly specialized and/or experienced appraisers. An Appraisal License is required by law for transportation projects on or off the State Highway System. 17.06 - 1 (REV 3/2011) Item 8. - 70 HB -172- Appraisal Consultants are required to possess: • Appropriate Appraisal license as issued by the California Office of Real Estate Appraisers in accordance to the degree, complexity and value of the appraisal required: a) Residential License for any noncomplex 1-4 family property with value of $1 million and Nonresidential property with a transaction value up to $250,000. b) Certified Residential for any 1-4 family property without regard to transaction value or complexity; and Nonresidential property with a transaction value up to $250,000. c) Certified General for all real estate without regard to transaction value or complexity. • Minimum two (2) years' experience in appraisal of rights for eminent domain purposes. • Successful completion of a course in appraisal of partial acquisitions for public agencies. • Successful completion of a course in the Uniform Relocation and Real Property Acquisition Policies Act taught by a recognized organization. • Specific knowledge and experience appropriate for the proposed project, including effects of State Eminent Domain Law on the appraisal process. Appraiser Responsibilities under the Uniform Act: • Property owner must be notified in writing of Agency's decision to appraise. • Property owner or designee must be given opportunity to accompany appraiser during property inspection. • Responsibility of sending Title VI information. • Diary entry of notifications and contacts. • Appraisal to contain minimum recognized standards for public acquisition (Zoning, Property Rights to be acquired, Highest and Best Use Analysis, Comparables, Improvements Acquired, Damages, Cost to Cure, etc.) • All appraisals must contain Appraiser and Review Appraiser Certificates. REVIEW APPRAISER CONSULTANTS Each appraisal must be reviewed by a qualified review appraiser and contain a Review Appraiser Certificate. The review appraiser is the person responsible for appraisal quality and value determination. The review appraiser must remain independent and must not be subject to undue influence or pressure from any source to arrive at a particular value or to accept inadequate appraisal reports. It is essential that the review appraiser understands his/her responsibility is to recommend an estimate of value for just compensation determination by the acquiring agency. The Uniform Act requires that an official of the acquiring agency must make the final determination of just compensation. Review Appraiser Consultants are required to possess: • Certified Residential License for any 1-4 family property without regard to transaction value or complexity; and Nonresidential property with a transaction value up to $250,000 or • Certified General License for all real estate without regard to transaction value or complexity. • Minimum two (2) years' experience in reviewing appraisals for eminent domain purposes. • Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act. • Specific knowledge and experience appropriate for the proposed project, including effects of State Eminent Domain Law on the appraisal process. 17.06 - 2 (REV 3/2011) HB -173- Item 8. - 71 Review Appraiser Responsibilities under the Uniform Act: • Confirmation of Analysis of Highest and Best Use, Damages, and Cost to Cure Damages. • Confirmation of valuation. • Confirmation of Calculations and Report Integrity. • Prepare signed statement certifying value of appraisal reviewed, including an explanation of the basis for recommendation. ACQUISITION CONSULTANTS To be used when rights are to be acquired, whether those rights are temporary, permanent, in fee, or easement, or compensable damage payments are to be made as a result of the project. When selecting acquisition consultants, care must be exercised to ensure that the candidates have expertise with the conditions affecting the acquisition that are present in the contemplated project. These may vary, and some factors to be considered include property type, type of occupancy, and project design/impact on remainder. Acquisition Consultants are required to possess: • Real Estate Broker's or Salesperson's License (when under the direct supervision of a Real Estate Broker) as issued by the California Department of Real Estate (required by law). All Right of Way Contracts must be approved for content and signed or initialed by the Real Estate Broker. • Minimum two (2) years' experience in the acquisition of rights for eminent domain purposes. • Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act taught by recognized organizations. • Specific knowledge and experience appropriate for the proposed project, including knowledge of State Eminent Domain Law. It is extremely important for the local agency to be fully aware of the acquisition consultant's qualifications and knowledge of the Uniform Act. If there are violations by the acquisition consultant or consulting firm, the local agency could jeopardize a portion of, or all of the federal funding for the entire project. If you have questions or concerns, please contact the Department's Right of Way Local Programs Coordinator in your area. Acquisition Consultants Responsibilities under the Uniform Act: • Ensure establishment of just compensation by local agency prior to initiation of negotiations. • Expeditious acquisition within 30 days of approved appraisal. • First Written Offer should be presented in person when possible. • Summary Statement (basis for the appraisal) to be included with the First Written Offer. • Owner to be given reasonable time to consider offer and present material relevant to value determination (i.e., 30 days and a minimum of 3 contacts). • Payment is required before taking possession unless date of possession clause is used in contract. • Local agency is responsible for payment of all incidental expenses (title, escrow, surveys, prepayment penalties, etc.) • Preparation of Administrative Settlements when it is reasonable and in the public interest. • Diary entries including confirmation of delivering Title VI information if project is federally funded. • By signing the Right of Way Contract, the Broker or Principal of the Company acknowledges responsibility for maintaining a complete file on each parcel. 17.06 - 3 (REV 3/2011) Item 8. - 72 HB -1 74- RELOCATION CONSULTANTS To be used when there are occupants and/or personal property within the project area that must be relocated outside the project area. Occupancy may be residential or nonresidential, including agricultural uses. Relocation specialists may be used to prepare the relocation impact documents (part of the environmental clearance document) in the planning stage. A consultant proficient in both acquisition and relocation may be retained for both functions under the "caseworker" approach. When selecting relocation consultants, care must be exercised to ensure that the candidates have expertise with types of occupancy affected by contemplated project, whether residential (owner -occupied), residential (tenant -occupied), personal property only, business, or nonprofit organization. The greater the complexity of the project, the greater the need for highly specialized and/or experienced relocation consultants. Relocation Consultants should possess: • Minimum two (2) years' experience at the working level providing public agency relocation assistance. • Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act taught by recognized organizations. • Specific knowledge and experience appropriate for the proposed project, including State Eminent Domain Law. UTILITY RELOCATION CONSULTANTS Utility Consultants should be used when there are utilities within the project area that must be relocated. Utility Consultants may be used to prepare preliminary utility engineering documents as part of the environmental clearance document in the planning stage. When selecting Utility relocation consultants, a local agency must ensure that the candidates have expertise with Utility relocation. The greater the complexity of the project, the greater the need for highly specialized and/or experienced consultants. Local agencies are encouraged to include Caltrans District Right of Way Utility Coordinators on their selection panels. Utility Consultants for all Local Agency Projects should possess the following: • Training and experience in preparing utility relocation estimates based on construction in the manner proposed, coordinating work to positively locate underground utility facilities including all High/Low Risk utility facilities within the project limits. • Understand the determination of liability for cost of utility relocation and responsibility. Obtain and analyze data to allocate cost between the utility owner and local agency for all required utility adjustment work and to clearly document, support and set forth the basis of this finding in a Report of Investigation. • Training and experience in preparing Utility Agreements between the utility owner and local agency. • Training and experience in preparing Notices to Owner for utility facility relocations. • Knowledge of Local, State and Federal laws, policies and procedures that deal with Utility relocation, including but not limited to Chapter 14 of the Local Assistance Procedures Manual and Chapter 13 of the Caltrans Right of Way Manual. Utility Consultants for Local Agency Projects "On the State Highwav System" should also possess the following: • Knowledgeable in Caltrans Project Development process, Caltrans Encroachment Policy, Caltrans R/W Utilities policy and procedures, and local encroachment policy and procedures. o Understanding R/W Utility activities time lines and schedules o Caltrans Encroachment Permits Manual Chapter 6 o Caltrans R/W Manual Chapter 13 — Utility Relocations o Project Procedures Manual Appendix LL-High and Low Risk Manual 17.06 - 4 (REV 3/2011) xB -175- Item 8. - 73 • Training and experience in preparing utility estimates (data sheet) based on proposed construction and scopes of work. • Experience in coordinating with utility companies and Project Engineers for all utility activities. o Utility Verification o Utility Conflict o Utility Relocation o Billings • Knowledgeable in liability determination for cost of utility relocation. o Understanding Master Contracts between Caltrans and utility companies o State's Streets and Highways Code / Statutes relating to the Department of Transportation o Property rights • Knowledgeable of the Utility relocation process. o Preparing Claim Letter, Report of Investigation, Notices to Owner, Utility Agreements o Requesting Encroachment Permits • Knowledge of Local, State and Federal laws, policies and procedures that deal with Utility Relocation. PROPERTY MANAGEMENT CONSULTANTS To be used when tenants will be in occupancy of the right of way after the agency has acquired the property but prior to displacement. When selecting property management consultants, care must be exercised to ensure that the candidates have expertise with types of tenancies affected by the contemplated project, whether residential, personal property only, business, or nonprofit organization. The greater the complexity of the project, the greater the need for highly specialized and/or experienced property management consultants. Property Management Consultants must possess: • Real Estate Broker's or Salesperson's License (when under the direct supervision of a Real Estate Broker) as issued by the California Department of Real Estate (required by law). • Minimum two (2) years' experience at the working level in management of rental properties. • Knowledge of applicable sections of the Uniform Relocation and Real Property Acquisition Policies Act, State Eminent Domain Law, and Landlord Tenant Law. • Specific knowledge and experience appropriate for the proposed project. RIGHT OF WAY PROJECT MANAGEMENT CONSULTANTS May be used to coordinate and direct the work of other consultants as well as local agency staff. Will have primary responsibility to ensure the work products for the project satisfy all requirements of applicable laws, statutes, regulations, policies, and procedures. Proiect Management Consultants should possess: • Minimum five (5) years' experience at a supervising, managerial, or oversight level in a right of way organization operating with the power of eminent domain. • Knowledge of the Federal and State Uniform Relocation and Real Property Acquisition Policies Act and Article 1, Section 19, California Constitution (granting the power of eminent domain law). • State Eminent Domain Law taught by recognized organizations. Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act and • Familiarity with project management theories and techniques, including project scheduling, staff assignments, and coordination and communication with other project entities. 17.06 - 5 (REV 3/2011) Item 8. - 74 HB -176- Project Management Consultant or Principal of the consulting firm's responsibilities: • Ensure right of way process has been followed in accordance with the Uniform Act. • Ensure consultants have appropriate licenses for the scope of work. • Ensure Broker signs or initials all right of way contracts. • Approval of all right of way files (signature in diary) that files are complete and in accordance to the Uniform Act with appropriate diary entries. TURNKEY RIGHT OF WAY CONSULTANTS Multifunctional right of way organizations that may be used to provide all right of way services required of a given project. Should be competent in each individual functional area. Staff are required to meet the criteria listed above in each of the Right of Way functions involved in the project. Turnkey consultants must have sufficient staff to preserve separation of the appraisal, appraisal review, and acquisition functions. An individual may be technically proficient in multiple functions, but may not be used as a turnkey consultant. All appropriate licenses/certifications are required for the type of services performed. 17.06.03.01 Competitive Bidding Competitive bidding is one of the cornerstones of a financially successful project. It should be stressed to LPAs that seeking bids from qualified firms will ensure that the agency is getting the most reasonable price. Prior to soliciting bids, careful consideration should be given to defining the scope of work for the consultant, estimating the cost of the consultant's work, and determining the type of contract needed. The LPA should be advised that caution must always be exercised in the choice of a consultant. Just because a particular consultant meets the threshold criteria, this should never be the only basis for retaining them. Other factors, such as experience on past projects as well as references, should be given careful consideration. Each project and each agency have unique demands; and just because a prospective consultant meets the broad qualifications contained in the Consultant Criteria, this does not also mean that the consultant can meet the LPA's requirements. The LPA is responsible for maintaining documentation concerning the consultant selection process. This information should be made available to the Department as part of the oversight process. 17.06.04.01 Local Public Agency Liability for Consultants LPAs should be reminded that, as noted above, they are responsible and accountable for the actions of their consultants in properly executing their duties and activities in accordance with the Uniform Act. The LPA retains the ultimate responsibility for signing the Right of Way Certifications and is accountable for the actions and performance of their consultants. The consultant's work products will be subject to oversight by the Department's Region/District R/W Local Programs staff. The Department has established broad criteria for use in evaluating the qualifications in the respective right of way functions, but the Department is in no way liable either for devising such criteria or for the performance of the consultants selected by the LPA. In the event the actions or performance of the consultant result in the loss of federal funds for the project, it is the sole responsibility of the local agency to repay these funds. 17.06 - 6 (REV 3/2011) xB -177- Item 8. - 75 17.06.04.02 Consultant Contracts In entering into consultant contracts, it should be stressed to the LPA that consultants must perform right of way functions to the same standards, practices, rules, and regulations as the LPA. The following additional discussion about contracting responsibilities should also be clearly conveyed to the LPA. 17.06.04.03 LPA Responsibilities In each contract, the LPA responsibilities include the following: 1. Appraisal Review - As noted above, when state or federal funds are used for any portion of the project, a formal review of the appraisal by a review appraiser is required. When the parcel is on the State Highway System, a formal review must be done, whether or not federal funds are used. 2. Establishment of Just Compensation - In projects involving the acquisition of right of way, it will be necessary for the LPA to determine just compensation. This cannot be delegated to a consultant. 3. Assignment of a Contract Manager - The manager will serve as the contact person during the course of the project. The Contract Manager must be an employee of the LPA. The Contract Manager should be knowledgeable about all aspects of the project. 17.06.04.04 Contract Manager Responsibilities The Contract Manager is responsible for the following: 1. Coordinating the review and approval of all consultant work products. 2. Approving requests for payment. 3. Coordinating all consultant activities for the project. 4. Providing interim and final contract completion reports. 5. Following the California Department of Transportation Right of Way Manual in the performance of any right of way activities. 17.06.04.05 Contract Manager Qualifications The Contract Manager ideally should have the following background: 1. Strong professional experience in the functional area under contract. 2. Familiarity with the project and contract objectives. 3. Understanding of management expectations. 4. Experience with the contract process. 5. The ability to communicate effectively. 17.06 - 7 (REV 3/2011) Item 8. - 76 xs -178- EXHIBIT B xB -179- Item 8. - 77 EXHIBIT "B" Payment Schedule A. Fee Schedule CONSULTANT'S fees for such services shall be based upon Lump Sum, Unit Cost and Hourly rates specified in Exhibit B.1, Fee Schedule, attached hereto. B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Surfnet Exhibit B hourly 1 Item 8. - 78 HB -180- 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B hourly 2 HB -181- Item 8. - 79 f'D M. 5 v EXHIBIT B.1 APPRAISAL, ACQUISITION, AND RELOCATION IMPLEMENTATION SERVICES FOR ATLANTA AVENUE WIDENING PROJECT FEE SCHEDULE REQUIRED PROJECT COMPONENTS QUANTITY UNIT UNIT COST PROPOSED FEE 1) Right -of -Way Program and Project Management Services PER HOUR @ $ 115.00 = $ 6,325.00 2) Title Investigation / Clearance Services 1 LUMP SUM I@ 1$ 5 00.00 = $ 500.00 3) Appraisal Services 1- -m 44 ► Pacific Mobile Home Park Right -of -Way Acquisition Area 1 LUMP SUM @ $ 6,500.00 = $ 6,500.00 ► Mobile Home and Appurtenances (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) 8 EACH @ $ 1,750.00 = $ 14,000.00 ►Temporary Construction Easement Area 1 LUMP SUM @ $ 9,500.00 = $ 9,500.00 4) Acquisition Services ► Pacific Mobile Home Park Right -of -Way Acquisition Area 1 LUMP SUM @ $ 4,500.00 = $ 4,500.00. ► Mobile Home and Appurtenances (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) 8 EACH @ $ 2,000.00 = $ 16,000.00 ►Temporary Construction Easement Area 1 I LUMP SUM @ $ 1,500.00 = $ 1,500.00 5) Escrow Coordination Services 6) Relocation Plan Update 7) Relocation Assistance Program Implementation Services 9 1 9 EACH LUMP SUM EACH @ @ @ $ 500.00 $ 1,500.00 $ 1,750.00 - = $ 4,500.00 $ 1,500.00 $ 15,750.00 8) Right -of -Way Certification Services I 1 I LUMP SUM @ $ 2,000.00 = $ 2,000.00 FEE FOR REQUIRED PROJECT COMPONENTS = I $ 82,575.00 0PTIONAL PROJECT COMPONENTS QUANTITY UNIT UNIT COST PROPOSED FEE 9) Supplemental Title Clearance Services 8 JEACH @ $ 200.00 $ 1,600.00 10) Supplemental Relocation Assistance Services 8 I EACH @ $ 1'000.00 = $ 8,000.00 11) Utility Coordination and Relocation 1 I LUMP SUM @ $ 2,500.00 = $ 2,500.00 12) Eminent Domain Services 40 I PER HOUR @ $ 115.00 $ 4,600.00 FEE FOR OPTIONAL PROJECT COMPONENTS ---------------- = $ 16,700.00 13) General Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project not otherwise described above billed on a time and materials basis not to exceed $12,650 at rates specified in the CPS[ Fee Proposal. 110 PER HOUR @ $ 115.00 = $ 12,650.00 FEE FOR SERVICES NOT OTHERWISE INCLUDED IN SCOPE OF WORK = $ 12,650.00 Schedule of Hourly Rates Subconsultant Fee Schedule Ken Jorgenson, Corporate Broker/Project Director - $115 Kiley Company - Fee Appraisal - Lump Sum Fee $6,500 Georgia Marquis, Relocation Project Manager - $115 Scott Lidgard - Mobile Home Appraisals _lump Sum Fee $14,000 Michael Garcia, Quality Control Manager - $115 Hjelmstrom & Assoc - Review Appraisals - Lump Sum Fee $9,500 CALIPRO-01 ADUHE CERTIFICATE OF LIABILITY INSURANCE ! DATE (MMIDDIYYYY) I i 3/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER - IMPORTANT: If the certffrcate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ' certificate holder in lieu of such endorsement(s). PRODUCER .. . __.._._; CONTACT ' NAME: . Foyrd Associates Insurance Services Inc. Na mot) (818) 703-80$7 FAX121650 ite Oxnard St. E-MAIL_.lA�c No): (BeB� 703 093$ -! Woodland Hills, CA 91367 I-ADDRESS: INSURERS) AFFORDING COVERAGE__- - i NAIC p- f__ INSURERA Sentinel Insurance Company Ltd Irmoo. INSURED INSURERS Twin City Fire Insurance Com an ! California Property Specialists, Inc. Houston Casualty Company - 42374 27782 Vista Del Lago Ste C-29 INSURER D _ - - Mission VieJo,.CA 92692 INSURERE: I ! COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS ►S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' ADDL 3UBRI----'--'-"---`-----((-PbbCYEFF Pbcfdy EXP -------.. ..... .. .. .. __._...—.. __._. _._._-_..... LTR TYPE OF INSURANCE _ �INSR. WVID_�2SBAUW5103 POLICY NUMBERI{MMIDD/YYYY)(MMA/YY1!1�LIMITSGENERAL LIABILITY EACH OCCURRENCE_,000,OOOI _ _A X COMMERCIAL GENERAL LIABILITY X 3/1/2013 3/1/2014 DAMAGE TORENTED s 1,000,000 ------_.l _ l PREMISESLEapceurcerrce) ....-_----'---- _- J CLAIMS -MADE I %� i OCCUR I MED EXP {Any one person) - S 10,000., --- PERSONALBADVINJURY 15 2,000,000, _GE_NERALATI AGGREGATE S 4,000,000 -- --- - _.—_.... — - — GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AG G S 4,000,00 LICY LJ • IO PRO- _-------- -I----_-..__---_._. 0 POJECT-_� � C_ S �!__..- AUTOMOBILE LIABILITY (Eaer111fem) L LIMIT . S 1,000.006, A I ANY AUTO ___ ! ALL OWNED '-i SCHEDULED AUTOS ,_ _ AUTOS NO HIRED AUTOS I XN-OWNED _ AUTOS UMBRELLA LIAB -OCCUR-- - -- EXCESSLIAB -- CLAIMS MADE! OED RETENTIONS - WORKERS COMPENSATION AND EMPLOYERS• LIABILITY B ANY PROPRIETOR/PARTNERIEXECUTIVE Y I N OFFICERIMEMBER EXCLUDED? 01 NIA (Mandatory In NH) H yes, describe under DESCRIPTION OF OPERATIONS below C IProfessiona) Liab 2SBAUW5103 319092 3/1/2013 1 3/1/2014 1 BODILY INJURY (Per person) t $ t-`----....___..._..._.__...._ - ---- BODILYINJURY(PeracatleN)I S eFi'OPER^Y DANIl.GE �� � � I S EACH OCCURRENCE __ _ 5 AGGREGATE S i X I 0RVVL;Y LIMITS - 3/1/2013 3/1/2014 E L. EACH ACCIDENT 1/4/2013 ! 1/4/2014 ;Ea. Claim 1,000, _ 1,000, - ---1,000, -- - 2.000, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It mono apace Is required) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are hereby named Additional Insured as respects to General Liability and Hired and Non -Owned Auto Liability as their interest may appear. All policy terms and conditions apply. CERTIFICATE HOLDER _ __— I.i - CANCELLATION City of Huntington Beach Risk Management PO Box 190 - 2000 Main Street Huntington Beach, CA 92648-2702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT�HORIIZE'D, REPRESENTATIVE 01988-2010 ACORD CORPORATION ACORD 2$ (2010105) The ACORD name and logo are registered marks of ACORD I All rights reserved. xB -183- Item 8. - 81 City Of Huntington Beach 200o Main Street ® Huntington Beach, CA 92648 (714) 536-5227 s wTMv.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk May 8, 2013 California Property Specialists, Inc. Attn: Marcella A. Jorgensen, Principal 27782 Vista del Lago, Suite C29 Mission Viejo, CA 92692 Dear Ms. Jorgensen: Enclosed for your records is a copy of the "Professional Services Contract Between the City of Huntington Beach and California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project." Sincerely, �f r Jo-. IL. Flynn, CMC City Clerk JF:pe Enclosure G:fb11owup:agrmt1tr Sister Cities Item 8. - 82 Anjo, Japan ♦ Waitakere, New Zealand HB -184- City. of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 18, 2013 Paragon Partners, Ltd. 5762 Bolsa Avenue, Ste. 201 Huntington Beach, CA 92649 Dear Ms. Carlson: Enclosed for your records is a duplicate original of the "Assignment Agreement" for appraisal, acquisition, and relocation implementation services for the Atlanta Avenue Widening Project. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand