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CO 2025-138 - Epic Land Solutions
PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 1 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 4th day of September, 2025, by and between the City of Rancho Cucamonga, a municipal corporation and the Rancho Cucamonga Fire Protection District (“City”) and Epic Land Solutions, Inc, a California Corporation(“Consultant”). RECITALS A. City has heretofore issued its request for proposals to perform the following design professional services: on-call right of way services (“the Project”). B. Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project. C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and design professional services described in Recitals “A” and “B” above, including, but not limited to on-call right of way services, all as more fully set forth in the R equest for Statement of Qualifications, attached hereto as Exhibit “A” and Consultant’s proposal, dated January 13, 2025 attached hereto as Exhibit “B”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten City of Rancho Cucamonga CONTRACT NUMBER 2025-138 PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 2 percent (10%) of the total compensation specified in Section 3, may be approved in writing by the City’s City Manager without amendment. 1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be five (5) years and shall become effective as of the date of the mutual execution by way of both parties’ signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of two (2) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $200,000 (per year), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 3 such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be Marlena Perez, Principal Engineer or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, is Kari Anvick, Vice President hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 4 6. Consultant’s Personnel. 6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 5 performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 6 Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 7 11. Indemnification. 11.1 Design Professional Services. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 11.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for which or whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined in California Civil Code § 2782.8(c). The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault. 11.2 Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a “design professional”, as that term is defined in California Civil Code Section 2782.8(c), including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs as they are actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 8 incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. . 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant. 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. (4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than three (3) years after completion of the Services which shall provide protection against claims of professional negligence arising out of Consultant’s performance of the Services and otherwise complying with all applicable PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 9 less than: provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant shall maintain limits no (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 10 Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant’s insurance and shall not contribute with it. (3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non- payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 11 breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 12 for compensation. City may terminate for cause following a default remaining uncured more than ten (10) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City of Rancho Cucamonga Engineering Services Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: Marlena Perez, Principal Engineer If to Consultant: Epic Land Solutions 1971 W 190th Street Suite 200 Torrance, CA 90504 Attn: Kari Anvick, Vice President 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 13 attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 14 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: Epic Land Solutions, Inc. By: Name Kari Anvick Date City of Rancho Cucamonga By: Name Date Title Title Rancho Cucamonga Fire Protection District By: Name Date By: Name Date Title (Two signatures required if corporation) Title PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 15 EXHIBIT A REQUEST FOR STATEMENT OF QUALIFICATIONS REQUEST FOR STATEMENT OF QUALIFICATIONS (SOQ) #24/25-501 FOR VARIOUS ON-CALL SERVICES City of Rancho Cucamonga Purchasing Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 2 of 30 Table of Contents 1. GENERAL INFORMATION ................................................................................................................................ 5 1.1 INTRODUCTION ............................................................................................................................................................................. 5 1.2 DISCREPANCIES OR OMISSIONS ................................................................................................................................................... 5 1.3 CONTINGENCIES ............................................................................................................................................................................ 5 1.4 DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................................ 6 1.5 KNOWLEDGE OF REQUIREMENTS ................................................................................................................................................ 6 1.6 RESERVATION OF RIGHTS ............................................................................................................................................................. 6 1.7 CALIFORNIA'S PUBLIC RECORDS ACT .......................................................................................................................................... 7 1.8 PERFORMANCE PERIOD ................................................................................................................................................................ 8 2. MINIMUM REQUIREMENTS ............................................................................................................................ 8 2.1 Business License ................................................................................................................................... 8 2.2 Prevailing Wages .................................................................................................................................. 8 2.3 Employee Conduct ................................................................................................................................ 8 2.4 REPRESENTATIVES ......................................................................................................................................................................... 9 3. SOQ DELIVERY AND SCHEDULE OF EVENTS ...................................................................................................10 3.1 Questions and Clarifications ................................................................................................................ 10 4. SOQ SUBMISSION REQUIREMENTS AND RESPONSE FORMAT .....................................................................11 4.1 COVER LETTER / INTRODUCTION ...............................................................................................................................................11 4.2 TABLE OF CONTENTS..................................................................................................................................................................12 4.3 EXECUTIVE SUMMARY................................................................................................................................................................ 12 4.4 FIRM EXPERIENCE/QUALIFICATIONS .........................................................................................................................................12 4.5 THIRD-PARTY / SUBCONTRACTORS ...........................................................................................................................................12 4.6 STAFF RESUMES AND ORGANIZATION CHART ..........................................................................................................................13 4.7 PROJECT MANAGEMENT APPROACH ........................................................................................................................................13 5. DISCIPLINES AND APPLCABLE SCOPE OF SERVICES .......................................................................................13 5.1 SURVEY AND MAPPING..............................................................................................................................................................14 5.2 GEOTECHNICAL ENGINEERING AND MATERIAL SAMPLING/TESTING .....................................................................................14 5.3 GENERAL CIVIL ENGINEERING ....................................................................................................................................................14 City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 3 of 30 5.4 TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING ................................................................................................... 15 5.5 CONSTRUCTION MANAGEMENT AND INSPECTION .................................................................................................................. 15 5.6 DEVELOPMENT PLAN CHECK ..................................................................................................................................................... 16 5.7 ARCHITECTURAL ENGINEERING ................................................................................................................................................. 16 5.8 LANDSCAPE ARCHITECTURE ...................................................................................................................................................... 17 5.9 RIGHT OF WAY COORDINATION ............................................................................................................................................... 17 6. EVALUATION AND CONSULTANT SELECTION PROCESS ............................................................................... 18 6.1 INITIAL SCREENING .................................................................................................................................................................... 18 6.2 EVALUATION ACTIVITIES ........................................................................................................................................................... 18 6.3 DEMONSTRATIONS/ INTERVIEWS ............................................................................................................................................. 18 6.4 REFERENCE CHECK EVALUATION .............................................................................................................................................. 19 6.5 CONSULTANT SELECTION........................................................................................................................................................... 19 6.6 BEST AND FINAL OFFER ............................................................................................................................................................. 19 6.7 LETTER OF INTENT TO AWARD .................................................................................................................................................. 19 6.8 EXHIBITS A THROUGH H ............................................................................................................................ 20 6.9 NON-DISCLOSURE CONFLICT OF INTEREST .............................................................................................................................. 20 6.10 PROFESSIONAL SERVICE AGREEMENT ...................................................................................................................................... 20 6.11 ACKNOWLEDGEMENT OF INSURANCE ...................................................................................................................................... 20 6.12 ADDENDUM ACKNOWLEDGEMENT .......................................................................................................................................... 20 6.13 DEBARMENT AND SUSPENSION ................................................................................................................................................ 21 6.14 PARTICIPATION CLAUSE ............................................................................................................................................................ 21 6.15 SIGNATURE OF AUTHORITY ....................................................................................................................................................... 21 6.16 COMPANY REFERENCES ............................................................................................................................................................. 21 6.17 PRICING ...................................................................................................................................................................................... 22 “EXHIBIT A” CITY OF RANCHO CUCAMONGACONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT ............ 23 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” ................................................. 24 “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” ............................................................................................. 25 “EXHIBIT D” ADDENDUM ACKNOWLEDGEMENT ................................................................................................ 26 City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 4 of 30 “EXHIBIT E DEBARMENT and SUSPENSION CERTIFICATION FORM .....................................................................27 “EXHIBIT F, PARTICIPATION CLAUSE” ...................................................................................................................28 “EXHIBIT G” SIGNATURE OF AUTHORITY ..............................................................................................................29 “EXHIBIT H” REFERENCES WORKSHEET” ...............................................................................................................30 City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 5 of 30 1. GENERAL INFORMATION 1.1 INTRODUCTION The City of Rancho Cucamonga (hereinafter “City”) is inviting qualified Consultants to submit a Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services, in accordance with the Scope of Services indicated herein. It is the City’s intent to create a qualified Consultants list with multiple Consultants. Responses to this SOQ are electronic only and no paper submittals will be accepted. Consultants wishing to submit a response the SOQ, must be registered as a Consultant with the City through Planet Bids. Registration can be accomplished by visiting the City website at https://www.cityofrc.us/your-government/procurement. Only those responses received from registered Consultants will be accepted. Responses must be submitted by the named Consultant that has downloaded the SOQ this information is indicated in the bid system and provides the ability to tabulate the responses in accordance with the named Consultants. Submitting a response under a Consultants name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2 DISCREPANCIES OR OMISSIONS Consultants finding discrepancies or omissions in the SOQ or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing to the applicable Purchasing contact identified herein in Section 3.1. All questions must be in writing and no responsibility will be accepted for oral instructions. Addenda issued in correspondence to this SOQ shall be considered a part of this SOQ and shall become part of any final Contract that may be derived from this SOQ. 1.3 CONTINGENCIES This SOQ should not be considered as a contract to purchase goods or services but is a Request for a Statement of Qualifications in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. However, SOQ responses should be as detailed and complete as possible to facilitate the formation of a contract based on the SOQ response(s) that are pursued should the City decide to do so. Completion of this SOQ form and its associated appendices are a requirement. Failure to do so may disqualify your SOQ response submittal. Consultants must submit signed SOQ responses by the due date and time as specified herein. Consultants will be considered non-responsive if the above requirements are not submitted as requested. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 6 of 30 Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this SOQ and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work (the “Effective Date”), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.4 DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to the SOQ solicitation will become the property of the City and will be returned only at the City option and at the expense of the Consultant submitting the SOQ response. A copy of the SOQ response will be retained for official files and become a public record. Any material that a Consultant considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the Consultant’s SOQ response as it may be made available to the public. If a Consultant’s SOQ response contains material noted or marked as confidential and/or proprietary that, in the City sole opinion, meets the disclosure exemption requirements, then that information will not be disclosed pursuant to a written request for public documents. If the City does not consider such material to be exempt from disclosure, the material may be made available to the public, regardless of the notation or markings. If a Consultant is unsure if its confidential and/or proprietary material meets disclosure exemption requirements, then it should not include such information in its SOQ response because such information may be disclosed to the public. 1.5 KNOWLEDGE OF REQUIREMENTS The Consultants shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the SOQ response. Failure to examine any documents or instructions will be at the Consultant’s sole risk. Consultants shall be responsible for knowledge of all items and conditions contained in their SOQ responses and in this SOQ, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Consultants by way of addenda to Planet Bids; however, it is the Consultant’s responsibility to ascertain that the SOQ response includes all addenda issued prior to the SOQ due date. 1.6 RESERVATION OF RIGHTS The issuance of this SOQ does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 7 of 30 • Waive or correct any defect or informality in any response, SOQ, or SOQ procedure. • Reject any or all SOQs. • Reissue a Request for SOQs. • Prior to submission deadline for SOQs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment, or services to be provided under this SOQ, or the requirements for contents or format of the SOQs. • The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest SOQ response. • The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Consultants who submit SOQ responses. • Procure any materials, equipment or services specified in this SOQ by any other means. • Determine that no project will be pursued. • The City reserves the right to inspect the Consultant’s place of business prior to award or at any time during the contract term or any extension thereof, to determine the Consultant’s capabilities and qualifications. 1.7 CALIFORNIA'S PUBLIC RECORDS ACT The City of Rancho Cucamonga complies with the California Public Records Act, Government Code Section 6253. (a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. An SOQ in its entirety shall not be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that any and all materials submitted in response to this SOQ are subject to California's Public Records Act. The City's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary, or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption actually exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 8 of 30 1.8 PERFORMANCE PERIOD It is the City’s intent to award on-call contracts for the Scope of Services listed in this RFQ. The period of award shall be five (5) years, with up to two (2) additional one-year options to be awarded at the sole discretion of the City upon satisfactory performance of previous work as determined by City staff. 2. MINIMUM REQUIREMENTS 2.1 Business License Selected Consultants awarded a contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Consultants must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this SOQ and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. 2.2 Prevailing Wages Where labor is required for a public work as a part of any requirement covered by this SOQ, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis -Bacon Act, a selected Consultants(s) shall pay no less than those minimum wages unless an exemption applies. In certain cases, an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City makes no representations in this SOQ that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this SOQ. 2.3 Employee Conduct All Consultants personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Consultant’s personnel shall be subject to oversight by City staff. Under no circumstances shall the Consultant’s or Consultant’s sub-contractor personnel be deemed as employees of the City. Consultants or Consultant’s subcontractor personnel shall not represent themselves to be employees of the City. Consultant’s personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and City employees. The Consultant’s personnel shall be required to work in a pleasant and professional manner with City employees, outside Consultants, and the public. Nothing contained in this SOQ shall be construed as granting the Consultants the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 9 of 30 2.4 REPRESENTATIVES Should a selected Consultants require the services of a subconsultant to complete the Scope of Services indicated in this SOQ, the awarded Consultants will not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof. Any attempt by the awarded Consultants to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Consultants shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Consultants subcontractor. All Services shall be performed by the awarded Consultants or under the awarded Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Consultants shall be responsible for payment of all employees’ and subcontractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultants certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the services. In case of default by the Consultants, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Consultants, or may bill for excess costs so paid, and the prices paid by the City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Consultants for delivery, which do not meet specifications, will be for the account of the Consultants. City Representative: For the purposes of this Agreement, the contract administrator and City ’s representative shall be Marlena Perez, Principal Engineer, or such other person as designated in writing by City (“City ’s Representative”). It shall be the Consultant’s responsibility to assure that City ’s Representative is kept informed of the progress of the performance of the services, and the Consultants shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 10 of 30 Consultants Representative: The response to this SOQ shall designate the representative of the Consultants authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability, and reputation of the Consultant’s Representative will be a substantial inducement for City to enter into an Agreement with the Consultants. Therefore, the Consultant’s Representative shall be responsible during the term of any Agreement for directing all activities of consultants and devoting enough time to personally supervise the services hereunder. The successful Consultants may not change the Consultant’s Representative without the prior written approval of City ’s Representative. 3. SOQ DELIVERY AND SCHEDULE OF EVENTS Complete SOQ responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post SOQ November 18, 2024 Questions Due December 4, 2024, by 3:00 pm Addendum Issued December 12, 2024 SOQ Response Due Date January 6, 2024, by 9:00 am (The City reserves the right to change schedule of events without prior notice or responsibility to Consultant.) 3.1 Questions and Clarifications All questions or clarification requests must be submitted directly through the City’s bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City’s bid system in accordance with the above “Schedule of Events”. From the issuance date of this SOQ until a Consultant is awarded, Consultants are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, Procurement Manager, the designated representative of the City of Rancho Cucamonga. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 11 of 30 4. SOQ SUBMISSION REQUIREMENTS AND RESPONSE FORMAT Completion of this SOQ and its associated Exhibits are a requirement. To be considered responsive and evaluate SOQ responses fairly and completely Consultants must comply with the format and submission requirements set out in this SOQ, and provide all information requested. Failure to comply with the instruction indicated herein or any part of this SOQ will deem said SOQ response as non -responsive and will not receive further consideration in the evaluation process. If only one SOQ response is received, the City reserves the right to discard the response, re-bid or proceed with an SOQ review and negotiations. SOQ responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper SOQ responses will be accepted. SOQ responses must include the information required by this SOQ. The City has streamlined its various on -call disciplines into one SOQ. Consultants have the option to submit a response for one or multiple disciplines. Please review the detailed response submittal instructions below. Titled tabs have been created in the bid system for section responses. Sections are to be submitted separately unless otherwise instructed. Please submit responses for the following sections to the associated section response type tab in Planet Bids: • Sections 4.1 through 4.8 – These sections shall be compiled as one document with a title sheet separating each numbered section. Submit under the Response File tab. • Section 5.1 Surveying and Mapping – Submit under the Section 5.1 tab. • Section 5.2 Geotechnical Engineering and Material Sampling/Testing – Submit under the Section 5.2 tab. • Section 5.3 General Civil Engineering – Submit under the Section 5.3 tab. • Section 5.4 Traffic Engineering and Transportation Planning – Submit under the Section 5.4 tab. • Section 5.5 Construction Management and Inspection – Submit under the Section 5.5 tab. • Section 5.6 Development Plan Check – Submit under the Section 5.6 tab. • Section 5.7 Architectural Engineering – Submit under the Section 5.7 tab. • Section 5.8 Landscape Architecture – Submit under the Section 5.8 tab. • Section 5.9 Right of Way Coordination – Submit under the Section 5.9 tab. 4.1 COVER LETTER / INTRODUCTION SOQ responses must include the complete name and address of the Consultant and the name, email address, and telephone number of the contact person regarding the SOQ response. A signature by an authorized City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 12 of 30 representative must be included on each SOQ response. Said signature will be considered confirmation of the Consultants ability and willingness to comply with all provisions stated herein. 4.2 TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your SOQ response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. 4.3 EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Consultant’s SOQ response to provide the Evaluation Committee with a broad understanding of the Consultant’s approach, qualifications, experience, and availability of staff in terms of workload, current or ongoing projects. 4.4 FIRM EXPERIENCE/QUALIFICATIONS The Consultant shall demonstrate the Consultant’s qualifications, experience, expertise, and capability to perform the requirements of this SOQ. The Consultant shall provide a minimum of 6 representative projects that have been completed within the last five years, including a contact person (including name, title, phone number and email) at the agency for whom the work was completed. Each experience shall include a brief description of the scope performed, the years of the work, and the team members involved. Consultants shall provide a brief history of your firm, including the number of years in business, office locations, specifically the address of offices located within the State of California. State whether your organization is an individual proprietorship, partnership, corporation, or private nonprofit organization, and the date your company was formed or incorporated. 4.5 THIRD-PARTY / SUBCONTRACTORS If the Consultants intends to subcontract any of the services, provide a detailed list of any subcontractors, partners, or third-party Consultants who will be involved in the implementation of the proposed services including but not limited to: • Description of the Consultant’s experience with each of the proposed subcontractors, • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this SOQ, • Describe the specific role of each. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 13 of 30 4.6 STAFF RESUMES AND ORGANIZATION CHART An organization chart shall be submitted identifying the staff available to perform the scope of services. The organization chart shall identify the Consultant’s Representative, key personnel for the contract and any subconsultants. Submit the resumes of the key personnel that will be performing the services for the city. Key personnel for each discipline shall be identified on the proposed team organization chart. Should any of the key personnel become unavailable, the Consultant must submit a written request for substitution of this personnel with another party of equal competence for City approval. The Consultant shall provide experienced and licensed personnel, equipment, and facilities to perform the services outlined in this RFQ. All work shall be performed by personnel with the appropriate license registered in registered in the State of California. All surveys, reports, plans, specifications, and cost estimates shall be signed and sealed by the licensed professional. Submit the resumes of the individuals who will be performing the services for the city. Resumes shall be formatted in the following order: • Role within On-Call. • Length of time with the Company. • Licenses, registrations, and certifications as required by law to perform the services described in the Scope of Services herein. • Educational background: technical training, education and experience of employees who would be assigned to perform the services. • Work history on similar or like projects with the other municipalities. 4.7 PROJECT MANAGEMENT APPROACH Consultant shall describe how the firm intends to manage the aspects of the work to be performed, including overall project management approach and methodology, quality, cost and schedule control procedures, project tracking and performance monitoring procedures, and project progress reporting procedures. 5. DISCIPLINES AND APPLCABLE SCOPE OF SERVICES Consultants shall provide experienced and licensed personnel, equipment, and facilities to perform the following tasks. All work shall be performed by personnel with the appropriate license registered in registered in the State of California. All surveys, reports, plans, specifications, and cost estimates shall be signed and sealed by the licensed professional. Below is a list of anticipated scope of services required within each discipline of this On-Call Contract, however this list is not exhaustive and other services may be required. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 14 of 30 5.1 SURVEY AND MAPPING Surveying and Mapping services that will be required may include, but not be limited to the following: • Topographical survey and aerial surveys • Records of survey • Legal descriptions and plat maps for right-of-way acquisitions • Right of way base mapping • Boundary and control surveys • Monument perpetuation/preservation including pre- and post-construction records. • Prepare and file corner records. • Mark limits of removals • Construction surveying • Survey plan checking. • Prepare and review of tentative tract and a parcel maps and final tract maps and parcel maps. 5.2 GEOTECHNICAL ENGINEERING AND MATERIAL SAMPLING/TESTING Geotechnical Engineering and Material Sampling/Testing Services that will be required on-call contract may. include but not be limited to the following: • Geotechnical, hydrological and groundwater investigations • Preparation of subsurface reports and recommendations • Field inspections and material testing • Laboratory materials testing • Hazardous materials evaluations and testing • Preparing Phase 1 and Phase 2 studies • DTSC coordination and permitting. • Evaluation of street, storm drain and retaining wall repairs or maintenance. • Review of asphalt concrete and cement concrete mix designs performed in accordance with ASTM standards. 5.3 GENERAL CIVIL ENGINEERING General Civil Engineering Services that will be provided under this on-call contract may include but not be limited to the following: • Preliminary planning and cost estimating for various projects. • Provide project study reports, project reports, value engineering analysis and feasibility studies. • Hydrology and hydraulic food plain studies, and erosion control plans • Utility research and investigations, including potholing and Ground Penetrating Radar City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 15 of 30 • Preparation of plans, technical specifications and cost estimates for various Public Works and Capital Improvement Projects including but not limited to; streets, bicycle facilities, sidewalks and curb ramps, storm drains, site plans, highway improvements and trail improvements projects including park improvements. • Structural engineering services for bridges and retaining walls including structural observations and inspections, structural calculations, structural drawings, shoring plans, and technical specifications. • Landscaping and irrigation design • Lighting design for streets, parking lots and parking structures 5.4 TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING Traffic Engineering and Transportation Planning Services that will be provided under this on -call contract may include but not be limited to the following: • Preliminary planning and cost estimating for various projects. • Provide project study reports, project reports, value engineering analysis and feasibility studies. • Preparation or review traffic engineering reports, traffic impact analysis, traffic signal design plans, and transportation planning studies or project specific traffic related issues analysis • Review traffic impact analysis and scoping agreements related to subdivisions or development projects. • Perform traffic signal warrants, pedestrian studies and other warrants/studies as requested. • Provide speed data analysis, intersection control studies including multi-way stop sign control. • Provide traffic signal or alternatives, safety studies, travel time studies and miscellaneous traffic engineering services. • Preparation of plans, technical specifications and cost estimates for traffic projects including but not limited to; traffic signals, signing and striping, signal interconnect, flashing beacons, pedestrian signals, traffic calming, and temporary traffic control plans. • Provide traffic signal timing plans and coordination timing studies for new or modified traffic signals. • Traffic Plan check services including ability to meet a 2-week review for first plan check and a 1-week review for each subsequent plan check thereafter until plan check review is approved. City may adjust plan check review timeline on an as needed basis depending on project size. 5.5 CONSTRUCTION MANAGEMENT AND INSPECTION Construction Management and Inspection Services that will be provided under this on-call contract may include but not be limited to the following: • Construction management including but not limited to; contract administration, contract negotiation, response to RFIs, submittal reviews, shop drawings, construction scheduling, reviewing change orders, document control, and cost control. • Develop and manage RFI and submittal logs. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 16 of 30 • Coordinate and host pre-construction meeting and progress meetings, including preparation of meeting minutes. • DBE/SBE and grant/loan compliance if applicable • Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements. • Maintain inspection records and reports. • Perform daily construction observation and inspection ensuring construction conforms to the project documents and report via City’s inspection software. • Ensure the jobsite conditions are in compliance with OSHA requirements. • Coordinate special inspection and material testing with representatives from other agencies if needed. • Prepare daily journals including a log of laborers and time and materials construction activities. • Measure the completed work for the purpose of progress payments. • Liaise between the contractor and City staff. • Provide required field inspection tools including ability to use City’s inspection software. • Coordination and management of the services required, including review of the project site, improvement plans, specifications, and special provisions. • Provide constructability reviews. 5.6 DEVELOPMENT PLAN CHECK Development Plan Check Services that will be provided under this on-call contract may include, but not be limited to, the following: • Initial plan review will need to determine compliance with City and State codes. • Provide the City with a monthly plan review status report for all assigned projects. • Ability to meet a 2-week review for first plan checks and a 1-week review for each subsequent plan check thereafter until plan check review is approved. City may adjust plan check review timeline on an as needed basis depending on project size. • Map and Improvement plan check review will require a California Licensed Professional Land Surveyor to stamp and/or seal necessary documents. 5.7 ARCHITECTURAL ENGINEERING Architectural Engineering Design Services that will be provided under this on-call contract may include, but not be limited to, the following: • Preliminary architectural design including planning and cost estimating. • Preparation of plans, technical specifications and cost estimates for new structures or modifications of existing structures City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 17 of 30 • Prepare sketches, renderings and materials boards providing alternative architectural concepts and designs. • Prepare 2D and 3D models, sketches, renderings and elevation drawings of proposed architectural designs and treatments. • Review for conformance with ADA and required standards. • Preparation of permit applications to the Planning and Building Departments • Architectural construction support services and prepare record drawings. 5.8 LANDSCAPE ARCHITECTURE Landscape Architecture Services that will be provided under this on-call contract may include, but not be limited to, the following: • Provie landscape planning and design services for new facilities or modifications to existing facilities • Perform preliminary siting, grading, and landscaping layouts. • Conduct site and field investigations to verify locations of existing and proposed facilities. • Prepare sketches, renderings, and materials boards providing alternative landscaping concepts or options. • Prepare construction drawings, technical specifications, and cost estimates for Landscape Architecture Projects • Irrigation design including preparation of plans, specifications, and cost estimates. • Provide landscaping construction support services including preparation of record drawings. 5.9 RIGHT OF WAY COORDINATION Right of Way Coordination Services that will be provided under this on -call contract may include, but not be limited to, the following: • Negotiations with property owners for the purchase of right of way • Adherence to Caltrans Right of Way Manual for all standards and operating procedures including completion of Caltrans Right of Way Certification • Prepare all written correspondence, offer packages. • Escrow coordination. • Administration of right of way related contracts (for both state and federally funded projects) including but not limited to, appraisals, negotiations, preparation of offer packages, and signature coordination. • Relocation services • Provide preliminary title reports. • Provide or review loss of business goodwill appraisal. • Notary services for the signing and acquisition documents • Condemnation support City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 18 of 30 • Eminent domain support • Provide title and escrow services. • Coordinate and provide support or information to City Legal staff, if required • Prepare and secure agreements for Possession and Use, Right of Entry, and license or permits form property owners. • Prepare and maintain a schedule of major activities and milestones. • Represent the City at Planning Commission meetings, City Council meetings or legal proceedings, if required 6. EVALUATION AND CONSULTANT SELECTION PROCESS 6.1 INITIAL SCREENING All SOQ responses will undergo an initial review to determine responsiveness to the instructions herein. Those SOQ responses initially determined to be responsive by meeting the SOQ requirement as indicated herein will proceed to the next phase of the evaluation process. 6.2 EVALUATION ACTIVITIES SOQ responses deemed as having met the standard requirements indicated herein are evaluated by an Evaluation Committee. The SOQ submittals are scored and assigned a ranking of zero (0) through ten (10), ten being the highest possible score. The following evaluation criteria and percentages have been assigned to each of the on -call disciplines for the purposes of evaluation and scoring each SOQ response: Evaluation Criteria (By Discipline) Criteria Description Assigned Percentage Conformance to the Specified RFQ Format 10 Company Expertise and Experience 30 Quality of Project Management Administration Approach 25 Project Team Experience 35 6.3 DEMONSTRATIONS/ INTERVIEWS Upon completion of the SOQ evaluations and data analysis, and only, if necessary, selected top ranked Consultants will be provided an opportunity to interview and conduct a presentation to further expand on their City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 19 of 30 SOQ response(s). Consultant interviews/demonstrations are scored and assigned a ranking of zero (0) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the SOQ. 6.4 REFERENCE CHECK EVALUATION The City may elect to conduct reference checks in lieu of interviews as the final selection criteria. The reference checks will be conducted by phone with the information being scribed or conducted by a written form, submitted to the Consultant’s reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from zero (0) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Consultants provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Consultant ranking. 6.5 CONSULTANT SELECTION The final Consultant selection is based on which Consultants are the most responsive, meeting the City’s requirements and offering the best value to the city. The City may conduct negotiations with several Consultants simultaneously. The City may also negotiate contract terms with the selected Consultants prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any SOQ responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City. 6.6 BEST AND FINAL OFFER The City reserves the right to conduct pre-award discussions and/or pre-contract negotiations with all or only top ranked Consultants. At the conclusion of the evaluation processes, the City will request a Best and Final Offer to be submitted from the finalists. 6.7 LETTER OF INTENT TO AWARD After a final Consultant selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Consultants. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Consultant or withdraw the SOQ entirely. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 20 of 30 6.8 EXHIBITS A THROUGH H The following named Exhibits A through H are a requirement and must be complete and signed where required. Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G, H. Failure to comply with this instruction will deem your SOQ submittal as non-responsive. 6.9 NON-DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the city. A signed “Conflict of Interest and Non-Disclosure Agreement, Exhibit A” included herein must be submitted under the Non-Disclosure tab. 6.10 PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City ’s Terms and Conditions, the successful Consultant will be required to enter into a Professional Services Agreement (“PSA”) with the City, a “Sample” of which is attached in the City’s bid system for review. All requirements of said PSA must be completed by the successful Consultant and signed by both applicable parties prior to any services being rendered. This SOQ sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this SOQ, Consultant will be deemed to have agreed to each clause unless otherwise indicated in “Exhibit B, Professional Services Agreement Exceptions Summary” and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this SOQ response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary must be submitted in Planet Bids system under the Response Types tab Exhibits A – G. 6.11 ACKNOWLEDGEMENT OF INSURANCE Consultants must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of “Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified”. The awarded Consultant will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Consultant, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the Planet Bid Response Types, Exhibits A – G. 6.12 ADDENDUM ACKNOWLEDGEMENT The Consultant shall hereby acknowledge they have received all posted Addendums, if any. It is the Consultant’s responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this SOQ shall be considered a part of this SOQ and shall become City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 21 of 30 part of any final Contract that may be derived from this SOQ. Consultants must indicate their acknowledgement of any Addendums by way of signature on “Exhibit D, Addendum Acknowledgement” and must be submitted under the Planet Bid Response Types, Exhibits A – G. 6.13 DEBARMENT AND SUSPENSION Bidding Consultants must verify by way of signature to “Exhibit E, Consultant Certification Form” that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A – G. 6.14 PARTICIPATION CLAUSE Consultants shall provide a completed “Exhibit F, Participation Clause”, must be submitted under the Planet. Bids Response Types, Exhibits A – G. This will indicate a consultants’ agreement to or not to allow other entities. to utilize the SOQ response and awarded contract as a piggyback option. 6.15 SIGNATURE OF AUTHORITY “Exhibit G”, Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A – G. Unsigned SOQ responses will not be accepted. The Signature of Authority declares that the Consultant has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Consultants SOQ response is accepted, Consultant agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Consultants SOQ response. 6.16 COMPANY REFERENCES Provide a minimum of three (3) references for each discipline you are interested in. If a reference is included for multiple disciplines, please indicate that on the reference worksheet under the description of services section. The references must be agencies in California that your company has conducted comparable or like services. Preferred references should be current customer within the past three (3) years. Exhibit H, Reference Worksheet, must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H”. While the Reference Worksheet accompanies your SOQ response it is not to be discussed in any other area of the SOQ response other than the “Response Type, Exhibit H” in Planet Bids. Failure to comply with the instruction will determine the Consultants SOQ response as non - responsive and be eliminated from proceeding any further in the process. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 22 of 30 6.17 PRICING There is no pricing / cost element included in this SOQ. The SOQ review and Consultant Interview/Presentations (if necessary) will produce a list of qualified Consultants that will then be requested to submit their cost sheets for each submitted response. Pricing should not be discussed anywhere in any responses submitted at this time including samples of other pricing scenarios for sample or other projects. Failure to comply with required format and/or instruction will cause Consultants SOQ response to be considered as non-responsive and be eliminated from proceeding any further in the process. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 23 of 30 “EXHIBIT A” CITY OF RANCHO CUCAMONGACONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements (“PSA”) with potential Consultants. I do not have specific knowledge of confidential information regarding SOQ responses received in response to the Request for Statement of Qualifications (SOQ) #24/25-501 Various On-Call Services. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any SOQ response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any SOQ response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City) (Relationship to the Consultant) (Signature) (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 24 of 30 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” Mark the appropriate choice, below: Vendors accepts the PSA without exception. OR Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as “Exception Summary”, which shall include the Vendors’ rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 25 of 30 “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” I, the (President, Secretary, Manager, Owner or Representative) of , certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Statement of Qualifications (“SOQ”) #24/25-501 for Various On-Call Services have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 26 of 30 “EXHIBIT D” ADDENDUM ACKNOWLEDGEMENT The Consultants hereby acknowledges the following Addenda Number(s) to this SOQ have been received, if any. Consultants understands failure to acknowledge any addenda issued may cause the SOQ response to be considered non-responsive. It is the Consultants’ responsibility to log into the Bid System to identify and download the number of addenda that have been posted. • • • • Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 27 of 30 “EXHIBIT E DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither (Consultant) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 28 of 30 “EXHIBIT F, PARTICIPATION CLAUSE” It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the city is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. YES NO Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 29 of 30 “EXHIBIT G” SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this SOQ response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following SOQ response. THE CONSULTANTS IN SUBMITTING THIS SOQ RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR SOQ RESPONSE AS NON-RESPONSIVE. Company Name: Address: (Street, Su. # City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 30 of 30 “EXHIBIT H” REFERENCES WORKSHEET” This Exhibit must be complete and uploaded into the Planet Bid system under the applicable Response Type, section identified as “Exhibit H”” section. Provide a minimum of three (3) clients for each discipline you are interested in. If a reference is included for multiple disciplines, please indicate that on the worksheet below under the description of services section. The references must be agencies in California that your company has conducted comparable or like services within the past three (3) years. Please make the copies of the table below to provide additional reference information for multiple disciplines if necessary. Please verify accuracy of contact information. Reference 1 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services (please be specific) Reference 2 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services (please be specific) Reference 3 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services (please be specific) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibit H. Addendum No. 001 Request for Statement of Qualifications (SOQ) #24/25-501 For Various On-Call Services December 12, 2024 Re: Consultant Questions/Answers/Clarifications Ladies and Gentlemen: This Addendum will address questions and clarification requests as submitted by Consultants. Only those questions submitted in writing are being addressed and can be found in the below table. The RFP response due date and time is being extended to January 13, 2025, by 9:00 am. If there are any questions regarding this Addendum, please contact me at (909) 774-2500 Sincerely, Ruth Cain, Procurement Manager City of Rancho Cucamonga Procurement Division City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 2 of 11 Question(s) / Clarification(s) Answer(s) / Comment(s) 1 Please clarify if the reference information requested in Section 4 should be included with the 6 projects requested. Considering that Exhibit H, Reference Worksheet, states that it is not to be discussed in any other area of the SOQ response other than the “Response Type, Exhibit H” in Planet Bids. Failure to comply with the instruction will determine the Consultants SOQ response as non-responsive and be eliminated from proceeding any further in the process. Yes, the references requested under Section 4 for the 6 projects should be included for City awareness. However, the City will only contact the references formally provided under Exhibit H as part of the reference checks for this RFQ. 2 Could the City please clarify if all categories should be combined and submitted as one Response File and also submitted separately under their respective category tabs? Please clarify if reference information should be included with the 6 projects requested. Considering that Exhibit H, Reference Worksheet, must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H”. While the Reference Worksheet accompanies your SOQ response it is not to be discussed in any other area of the SOQ response other than the “Response Type, Exhibit H” in Planet Bids. Failure to comply with the instruction will determine the Consultants SOQ response as non- responsive and be eliminated from proceeding any further in the process. Sections 4.1 to 4.7 should be combined and submitted as one response file. Individual responses and files with the scope of services for each discipline shall be submitted under the appropriate category in Section 5.5 for the disciplines that you are proposing on. See response to Question 1 regarding the references. 3 Please clarify if reference information should be included with the 6 projects requested. Considering that Exhibit H, Reference Worksheet, must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H”. While the Reference Worksheet accompanies your See response to Question 1. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 3 of 11 SOQ response it is not to be discussed in any other area of the SOQ response other than the “Response Type, Exhibit H” in Planet Bids. Failure to comply with the instruction will determine the Consultants SOQ response as non-responsive and be eliminated from proceeding any further in the process. 4 Does the City want resumes for our proposed sub-consultants? Yes, submit resumes for key personnel, including subconsultants as necessary. 5 Section 4. SOQ Submission Requirements and Response Format lays out that a single document for Sections 4.1 through 4.8 must be submitted as the "Response File." There is no Section 4.8. Is this section missing from the RFQ? Additionally, what does the City want submitted as the separate Section 5 tabs? Can this be clarified so that we make sure we are compliant? There is no Section 4.8, only sections 4.1-4.7 are required to be submitted. Quals, resumes, and the org chart submitted within Sections 4.1-4.7 should be representative of all disciplines you are proposing on. Only the description of the offered scope of services for each discipline that you are proposing on should be submitted as separate tabs under Section 5. 6 Due to the holidays and there being several pursuits due at the same time, can you please extend the deadline by one week, to January 13? Yes, the deadline will be extended until January 13, 2025. 7 What is the maximum dollar amount of the contract (annually/or life of contract)? The initial contract award (over the life of the contract) will be $1 Million for each selected consultant. However, there is no guarantee of work or compensation, and the City reserves the right to increase or decrease this limit if needed. 8 How many firms is the City looking to award for each of the listed disciplines on page 11 ? The City does not have a number of consultants set for each discipline but is looking to award to multiple consultants for each category provided that they meet the requirements of the RFQ and that their reference checks are in good standing. 9 Is there a page count limit, and if so what does not count towards it? There is no page count limit. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 4 of 11 10 How many firms does the City intend to select for each discipline? See response to Question 8. 11 On Page 11, it states that firms should submit items under the tab for their respective discipline. For example, what information should be included in Section 5.5? See response to Question 5. 12 On Page 11, it states that Sections 4.1 through 4.8 should be submitted under the Response File tab. What information should be listed in Section 4.8? Please see answer to Question 5. 13 Please confirm to whom at the City the cover letter by the Consultant should be addressed to? Marlena Perez 14 Could the City please clarify if Section 5.6 Development Plan Check pertains to Engineering, Building and Safety, Planning Review, or all three? The Development Plan Check only pertains to Engineering. Building and Safety and Planning Review are under different on-call contracts at the City. 15 Section 4 of the RFP states that the response file will be comprised of information discussed in sections 4.1 through 4.8. However, when the section requirements are broken down there are only sections 4.1 through 4.7. Is there a requirement for section 4.8 or was that a typo? Please see answer to Question 5. 16 Exhibit "A" - There are five lines to be filled on the Exhibit. It is understood that the first line would be the printed name of the "Consultant's Representative" as defined on Page 10 of the Request for Statement of Qualifications. The fourth line will be the signature of the Consultant's Representative, and the fifth line will be the date of signature of the Consultant's Representative. Please indicate as to what information needs to be presented on the second (Relationship to the City) and the third line (Relationship to the Consultant). Print name, indicate what your relationship to the City is, i.e. current vendor, related to any City staff….. or none, indicate what your relationship is to the Consultant are you an owner, related to staff….. or none, sign and date City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 5 of 11 17 Exhibits "A" through "H", inclusive - It is understood that Exhibits "A" through "H", inclusive will need to be provided by the consultant submitting the Statement of Qualifications - Would submittal of any of said Exhibits be required by any of the sub- consultants that the consultant may retain as part of the consultant's team? If so, please indicate which Exhibit(s). Exhibits A through G are only required for the prime consultant. Exhibit H needs to be provided for the prime and subconsultants. 18 On Page 16 of 30 - Section 5.6 - Last bullet point - What will be the seal and signature requirements of the professional engineers who will be reviewing improvement plans during the initial plan check period and when the plans have received the seal and signature of the professional engineers in charge of preparation of the improvement plans? Improvement plans shall be reviewed by or under the supervision of a California Licensed Professional Engineer. 19 On Page 16 of 30 - Section 5.6 - Last bullet point - Will the seal and signature of a Professional Land Surveyor licensed in the State of California or alternatively the seal and signature of a Registered Civil Engineer in the State of California authorized to practice survey be required under the City Surveyor's Statement on final tract and parcel maps? The last bullet point from Section 5.6 will be removed and this task will be part of a separate Proposal Request. 20 On Page 16 of 30 - Section 5.6 - Last bullet point - It is understood that map review services and review of legal descriptions and plats will be conducted by a Professional Land Surveyor licensed in the State of California or a Registered Civil Engineer in the State of California authorized to practice survey. It is understood that the review of improvement plans will be conducted by registered professional engineers in the State of California. Please clarify/ confirm. See response to Questions 18 and 19. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 6 of 11 21 On Page 16 of 30 - Section 5.6 - Last bullet point - Will the review of the final tract maps and parcel maps be conducted by the Development Plan Check consultant selected for Section 5.6 functions, or will the review of the final tract maps and parcel maps be conducted by the Survey and Mapping consultant selected for Section 5.1 functions? The final tract maps and parcel maps, under City Surveyor's Statement, require the signature of a Professional Land Surveyor licensed in the State of California or the signature of a Registered Civil Engineer in the State of California authorized to practice survey. Will the signatures under City Surveyor's Statement be made by the Development Plan Check consultant selected under Section 5.6 or will it be made by the Survey and Mapping consultant selected for Section 5.1 functions? Neither the consultant selected for 5.1 or 5.6. This task will be revised to only include “prepare tentative and final tract and parcel maps.” See response to Question 19. 22 On Page 14 of 30 - Section 5.1 - Last bullet point - Will the review of the final tract maps and parcel maps be conducted by the Survey and Mapping consultant selected for Section 5.1 functions, or will the review of the final tract maps and parcel maps be conducted by the Development Plan Check consultant selected for Section 5.6 functions? The final tract maps and parcel maps, under City Surveyor's Statement, require the signature of a Professional Land Surveyor licensed in the State of California or the signature of a Registered Civil Engineer in the State of California authorized to practice survey. Will the signatures under City Surveyor's Statement be made by the Survey and Mapping consultant selected for Section 5.1 or will it be made by the Development Plan Check See response to Question 21. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 7 of 11 consultant selected under Section 5.6 functions? 23 On Page 11 of 30 - Section 4 - First bullet point on the page - Sections 4.1 through 4.8 is referenced - Section 4.8 seems to be missing. See response to Question 5. 24 Will the City look to choose a variety of different consultants than in previous years? In other words, are all firms eligible even if they have previously held the on call contract? Yes, all firms are eligible even if they have not been on previous on-calls with the City. 25 How many consultants will you select in each category? See response to Question 8. 26 Are you able to share how much work was given out during the past cycle….ie: value of contracts given / how many projects, etc. See response to Question 7. The City will not be providing this information at this time. However, the number of contracts given to each consultant under the on-call as it is based on the total contract value and not the number of projects. 27 Can you provide a list of consultants who currently hold the on call in each category? The City will not be providing this information at this time. 28 On RFQ page, 4th paragraph it states: “Please submit responses for the following sections to the associated section response type tab in Planet Bids” In the bullet list after the 4th paragraph it states: • Section 5.1 Surveying and Mapping – Submit under the Section 5.1 tab. // • Section 5.2 Geotechnical Engineering and Material Sampling/Testing – Submit under the Section 5.2 tab. // • Section 5.3 General Civil Engineering – Submit under the Section 5.3 tab. // • Section 5.4 Traffic Engineering and Transportation Planning – Submit under the Section 5.4 tab. // • Section 5.5 Construction Management and Inspection – Submit under the Section 5.5 tab. // • Section 5.6 Development Plan Check – See response to Question 5. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 8 of 11 Submit under the Section 5.6 tab. // • Section 5.7 Architectural Engineering – Submit under the Section 5.7 tab. // • Section 5.8 Landscape Architecture – Submit under the Section 5.8 tab. // • Section 5.9 Right of Way Coordination – Submit under the Section 5.9 tab.” We understand that we should only add information for those services we want to propose on; however, we have reviewed the text in Section 5. DISCIPLINES AND APPLCABLE SCOPE OF SERVICES from the bottom of page 13 to the top of page 18, and none of the text here seems to ask for any information. QUESTION. Can you please explain what, if anything, should be submitted under the tabs for Section 5.1 to 5.9? 29 On RFQ 12, under 4.4 Firm Experience/Qualifications that we are to include in our SOQ it states: “The Consultant shall demonstrate the Consultant’s qualifications, experience, expertise, and capability to perform the requirements of this SOQ. The Consultant shall provide a minimum of 6 representative projects that have been completed within the last five years, INCLUDING A CONTACT PERSON (INCLUDING NAME, TITLE, PHONE NUMBER AND EMAIL) AT THE AGENCY FOR WHOM THE WORK WAS COMPLETED. EACH EXPERIENCE SHALL INCLUDE A BRIEF DESCRIPTION OF THE SCOPE PERFORMED….” [emphasis in CAPS added] However, on page 21 of the RFQ it states “Exhibit H, Reference Worksheet, must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H”. WHILE THE REFERENCE WORKSHEET ACCOMPANIES See response to Question 1. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 9 of 11 YOUR SOQ RESPONSE IT IS NOT TO BE DISCUSSED IN ANY OTHER AREA OF THE SOQ RESPONSE other than the “Response Type, Exhibit H” in Planet Bids. Failure to comply with the instruction will determine the Consultants SOQ response as non- responsive and be eliminated from proceeding any further in the process.” [emphasis in CAPS added], and Exhibit H on page 20 of the RFQ asks for virtually the same information (name, title, address, phone number, email, and description of services) as is requested in section 4.4. QUESTION. These statements seem to contradict each other with one asking that we include project/client contact information in section 4.4 of our SOQ and the second saying that reference information cannot be discussed a 30 On RFQ page, 4th paragraph it states: “Please submit responses for the following sections to the associated section response type tab in Planet Bids: • Sections 4.1 through 4.8 – These sections shall be compiled as one document with a title sheet separating each numbered section. Submit under the Response File tab.” However, the numbered sections that follow only go up to 4.7. QUESTION. Is this a typo, and it should read “• Sections 4.1 through 4.7”? See response to Question 5. 31 The RFP mentioned that Section 4.1 - 4.8 should be submitted under the Response File tab, should there be a 4.8? I do not see this section in the RFP. See response to Question 5. 32 Could you confirm what information you would like to see in the discipline sections (ie - include specific quals, resumes, org chart - or should that all stay in section 4.1- 4.8)? See response to Question 5. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 10 of 11 33 Our firm is interested in submitting an SOQ for Discipline and Scope of Services 5.5. Our firm does perform a majority of the services provided in 5.5 under this on-call contract, we do not perform all of them. Do we need to be able to perform all services listed in Discipline 5.5 (including those that may be added), or may we submit the SOQ for the services we do provide? No, you do not need to perform all disciplines, you can submit the SOQ for only the scope of services you wish to provide. Only include the scope of work for the disciplines in Section 5.5 that you want to perform. 34 How many firms will be selected for the On Call list? Can you provide us with the current names of the incumbents of this list. See responses to Questions 8 and 27. 35 In Section 4.2, the SOQ requests a comprehensive Table of Contents listing all materials, exhibits, and supplemental information. However, the instructions for Exhibit H specify that it should only be uploaded in the designated section of the Planet Bid system and must not be discussed in any other area of the SOQ response. Should Exhibit H be included in the Table of Contents, or should it be excluded to comply with the restriction against referencing it outside the designated area? All exhibits can be referenced in the TOC. However, Exhibit H itself should only be submitted under the portal for Exhibit H on planet bids. 36 On page 11, Section 4 references Section 4.8; however, there does not appear to be any additional references to this section elsewhere in the document. Would you please confirm if there is an additional section that should be included for consideration? See response to Question 5. 37 Can you confirm whether or not building inspection services are part of this RFQ? See response to Question 14. 38 Where can I find the scope of work for environmental consultants? I could not find it in the SOQ. This RFQ does not include environmental consulting services. The City has a separate On-Call for environmental services that is held through the Planning Department. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 11 of 11 39 In section 5.6 Development Plan Check. What discipline is the City looking for here? For example, is the City looking to hire different disciplines such as a landscape architectural firm to provide plan checking services for submitted landscape plans? The primary discipline required for the tasks listed under section 5.6 is Civil Engineering. The City is interested in having the ability to have different disciplines other than Civil Engineering available, but cannot guarantee the number of plan checks. 40 Please clarify what information is required for submittal under the tabs for the Sections 5.1 - 5.9, since the required information appears to be included in Sections 4.1-4.8? Please confirm there is no section 4.8 - all as shown on page 11 of 30 of RFQ.. See response to Question 5. EXHIBIT B CONSULTANT PROPOSAL PSA with professional liability insurance (Design) Last Revised: 01/11/2018 Page 16 Proposal Response to the City of Rancho Cucamonga for VARIOUS ON-CALL SERVICES 5.9 RIGHT OF WAY COORDINATION PREPARED BY: Epic Land Solutions, Inc. Inland Empire Regional Office 3850 Vine Street, Suite 200 Riverside, CA 92507 Submitted January 13, 2025 Pictured above: EPIC is performing right of way acquisition services on the Perris Valley Storm Drain Channel Trail, Ph. 2, City of Perris 4.1 - COVER LETTER / INTRODUCTION January 13, 2025 Marlena Perez, Principal Engineer City of Rancho Cucamonga Purchasing Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Proposal Response to the City of Rancho Cucamonga for Various On-Call Services: 5.9 Right of Way Coordination (SOQ) #24/25-501 Dear Marlena, Epic Land Solutions, Inc. (EPIC) understands the City of Rancho Cucamonga (City) is seeking qualified consultants to provide Various On-Call Services. EPIC is pleased to offer the City professional services for category 5.9 Right of Way Coordination. Since 2000, EPIC has been serving public agencies in Southern California requiring the need for appraisal, property acquisition, and relocation assistance services. EPIC will provide the City with a team of local right of way professionals fully prepared to support the requirements necessary to fulfill on-call right of way coordination services. We offer the City the following benefits: • Team Leadership: Our team is led by Project Manager, Tyler Kelleher, RWA. Tyler will provide “on-call” availability to the City and will manage contract task orders from start to finish. She will work to secure the necessary property rights to meet your scheduling needs and project deadlines. She oversees a team of professionals that are licensed to appraise and transact real estate in California. Tyler follows the Caltrans Right of Way Manual and Caltrans Local Assistance Procedures Manual (LAPM) in every project. She is a responsive and dedicated leader and will work in close coordination with the City to achieve its goals. • Local Understanding: EPIC’s staff are your neighbors and community members. We support numerous municipalities around Rancho Cucamonga and greater San Bernardino County. We have an understanding of the real estate market and are working on several projects within the vicinity. As an experienced on-call ROW service provider to over 50 Southern California municipalities, we are eager to support the City of Rancho Cucamonga for this category. • Subject Matter Experts: EPIC employs Subject Matter Experts in Appraisal, GIS, Relocation, and Caltrans Local Assistance Procedural Expertise—services that differentiate EPIC from the competition. With EPIC, you get One Team that can wholistically support the City’s staff with end-to-end real estate consulting and right of way clearance services. EPIC acknowledges receipt of Addendum No. 001, December 12, 2024. We look forward to the opportunity to serve the City and express our personal committment in the success of the City’s anticipated projects. If you have any questions regarding this proposal, please contact us at anytime. Karen Starr, CPM, SR/WA Authorized Signatory - Sr. Vice President (951) 227-0086 | kstarr@epicland.com Single Point of Contact/Project Manager (951) 801-5389 | tylerk@epicland.com Tyler Kelleher, RWA Epic Land Solutions, Inc. Inland Empire Regional Office 3850 Vine Street, Suite 200 Riverside, CA 92507 (951) 321-1800 epicland.com 4.2 - TABLE OF CONTENTS TABLE OF CONTENTS 4.1 Cover Letter 4.2 Table of Contents 4.3 Executive Summary ........................................................................ 6 4.4 Firm Experience/Qualifications. ............................................................... 8 4.5 Third-Party/Subcontractors. ............................................................ 17 4.6 Staff Resumes and Organization Chart. ......................................... 20 4.7 Project Management Approach. .................................................... 22 5.9 Right of Way Coordination (Submitted Separately via Planetbids) 6.8 Exhibits A Through H (Submitted Separately via Planetbids) 4.3 - EXECUTIVE SUMMARY City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 8 Full-Service Real Estate Consulting This Statement of Qualifications highlights EPIC’s depth of experience and qualifications performing comprehensive right of way acquisition services for local public agencies. EPIC employs Subject Matter Expert teams—in Appraisal, Right of Way, Title Examination, Eminent Domain support, GIS, Utility Coordination, and Property Management— differentiating EPIC from the competition. EPIC also supports specialty projects such as surplus land sales, utility franchise agreements and facility moves, removing encroachments from City land and securing property from vandalism and trespassers. With EPIC, you get One Team that can wholistically support the City of Rancho Cucamonga’s staff with end-to-end real estate consulting and right of way clearance services. Caltrans Expertise EPIC specializes in delivering a right of way program that adheres to federal funding requirements, the Caltrans Local Assistance Procedures Manual (LAPM), and Caltrans Right of Way Manual. From the Notice to Proceed to Project Close-Out, our file documentation and project methodology adheres and conforms to these critical guidelines for obtaining Caltrans approvals and project certification. EPIC is performing on-call right of way services to San Bernardino County Transportation Authority’s West Valley Connector Bus Rapid Transit project, creating a 35-mile bus route running east/west on Holt Blvd and north- south on Milliken Avenue to connect the communities of Pomona, Rancho Cucamonga, Ontario, and the City of Montclair. EPIC completed the feasibility study for the Multimodal Connectivity Plan for the City of Montclair’s San Antonio Creek Channel Trail project. Currently, EPIC is overseeing appraisal and performing right of way acquisition services for the proposed multi-use trail. On-Call Contract Specialists EPIC’s team is built for on-calls and can mobilize quickly to fulfill task order assignments. We will facilitate the appraisal process, clear the project right of way, and perform relocation assistance for the City’s anticipated projects. As a service provider specializing in on-call contracts, we are adept at handling variable schedule and contract demands, allowing the City the flexibility it needs to execute assignments, no matter how simple or complex. Our goal is to operate as an extension of the City’s team, to perform turnkey services and provide comprehensive right of way project management of the entire right of way phase for your projects. History with Neighboring Communities EPIC serves the greater Inland Empire Region and is a trusted real property and right of way consultant to many local agencies and municipalities in the surrounding communities. We understand the responsibility of representing the City and the requirements necessary to complete on-call assignments. EPIC’s working knowledge of Caltrans Local Assistance Procedures, familiarity within the region and demonstrated experience with similar transportation and other related projects, fully equips our team to tackle assignments for the City. EPIC specializes in public works projects that enhance the lifestyle and safety for our communities in our mission to create land solutions for the public good. EXECUTIVE SUMMARY 4.4 - FIRM EXPERIENCE / QUALIFICATIONS FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 10 EPIC by the Numbers 24+ YEARS OF REAL ESTATE CONSULTING SERVICES 2,500 SUCCESSFUL RELOCATIONS & ACQUISITIONS IN THE LAST 15 YEARS 50+ MUNCIPALITIES IN SOCAL EPIC HAS CONTRACTED FOR ACQUISITION SERVICES 10 IN-HOUSE ROW, TITLE, APPRAISAL, UTILITY COORDINATORS & GIS EXPERTS About Epic Land Solutions, Inc. Established in 2000 as a C-Corporation, Epic Land Solutions, Inc. (EPIC) is a full-service right of way and real property consulting firm, specializing in appraisal, acquisition, and relocation assistance services. EPIC employs 60 real estate professionals in California and the Pacific Northwest to appraise, acquire, and relocate property rights, often partnering with engineering firms, government agencies, local municipalities, water districts, and public transportation agencies. We serve local, state and federal agencies with right of way solutions for public infrastructure projects throughout Southern California. EPIC agents are daily custodians of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and Caltrans Right of Way Manual guidelines to help local agencies deliver state- and federally funded projects. EPIC is a Caltrans Right of Way Certification specialist, offering professional experience performing turnkey right of way services in San Bernardino County. For over 24 years, EPIC has been serving the Inland Empire and beyond with real estate needs including Appraisal, Title & Escrow, Right of Way Acquisition, Relocation Assistance, Utility Coordination, Eminent Domain, and Caltrans Certification support services. Land Solutions for the Public Good Differentiated Right of Way Services Innovative transactions for voluntary acquisition and cost-effective conflict resolution. Reduce Liability Identify and remove encroachments on right of way holdings. Eliminate Costly Impacts Early real estate analysis can identify design changes that spare millions in budget. Revenue Capture Sold $13 million in excess lands and remnant parcels for public agencies, including full-service property management for electrical transmission and rail corridors. Caltrans Certification Specialists Meticulous documentation and rigorous protocol for obtaining Caltrans approvals. In 2023, EPIC integrated into the CLS Companies. Now backed by CLS’ 900+ staffing power, EPIC has increased its staffing capabilities, expert knowledge, and financial backing to deliver comprehensive right of way acquisition services to our clients. FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 11 Turnkey Right of Way Services EPIC’s comprehensive slate of services covers all phases of right of way, from project development through construction. RIGHT OF WAY PLANNING • Cost Estimation • Right of Way Impact Assessment • Alignment planning • GIS & CAD Integrations APPRAISAL • Fair Market Valuation & Inventory Studies • Real Property Appraisal and Appraisal Review • Expert Witness Testimony ACQUISITION NEGOTIATION • Survey Review and Title Clearance • Right of Entry Permits • Easement and Fee Acquisitions • Escrow Coordination • Eminent Domain Support • Caltrans Certification RELOCATION • Replacement Search • Move Coordination • Relocation Appeal Support • Relocation Plan UTILITY RELOCATION COORDINATION • Utility Research and As-Built Matrix • Utility Relocation Coordination • Positive Utility Identification (Potholing) PROPERTY ASSET MANAGEMENT • Asset Inventory • Excess Land Sales • Maintenance and Security FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 12 Project Client: City of Fontana Reference: Jazmine Pena Associate Engineer City of Fontana 8353 Sierra Avenue, Fontana, CA 92335 (909) 350-6648 jpena@fontana.gov Team Members: Tyler Kelleher, Darcy Medoza, Christine Wasfi SAFE ROUTES TO SCHOOLS (SRTS) PEDESTRIAN IMPROVEMENT PROJECT Fontana, CA The City of Fontana obtained a $1.9 million grant for this Safe Routes to School (SRTS) project as part of the California 2017 Active Transportation Program. This federally funded project will construct continuous sidewalk facilities, marked bicycle lanes, enhanced pedestrian crossings with marking and signage, and other improvements to create safe pedestrian and bicycle routes that connect to local schools. This project is critical to protecting the safety of pedestrians and bicyclists that currently share roadways. EPIC performed right of way acquisition services to acquire Permits to Enter and Construct and property rights necessary to construct the improvements to sidewalks, curb and gutter ramps, street striping, and traffic signs on Ramona, Alder, and Locust. Up to 56 individual parcels were temporarily impacted by the project construction and 18 individual parcel impacts required permanent easement acquisition of a small “sliver” area to accommodate new sidewalk facilities. EPIC’s team provided the City of Fontana with turn-key right of way services to complete title review, appraisal, appraisal review, acquisition negotiations, and escrow coordination in accordance with local and state guidelines. FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 13 Project Client: City of Glendora Reference: Vincent Hellens, ENV SP, QSD/SP, Engineering Assoc. Alta Planning + Design (On behalf of the City of Glendora) 617 W. 7th Street, #1103 Los Angeles, CA 90017 (213) 797-4445 ext. 02132 vincenthellens@altaplanning. com Team Members: Tyler Kelleher, Candice Freeman, Kari Anvick GLENDORA URBAN TRAIL PHASES 2 & 3 Glendora, CA The City built a continuation of an approximately 3-mile stretch of the San Dimas Wash Trail Project extending from Louie Pompeii to Grand Avenue. The Glendora Urban Trail and Greenway Network Phase 2 goes from Sunflower Avenue to Juanita Avenue and Phase 3 goes from Juanita Avenue to Grand Avenue. This 1.5 mile extension is part of a future 10-mile bike and pedestrian network within the City of Glendora called the People Movement Project. Most of the trail will be constructed within Los Angeles County Flood Control District (LACFCD) right of way. EPIC provided right of way acquisition and negotiation services to the Design Engineer for these two phases. The EPIC team prepared necessary documents to acquire right of way, easements and /or temporary construction permits to make way for the project improvements. EPIC’s right of way team performed negotiation services to obtain temporary construction easements and permanent easement acquisitions from 10 parcels with 10 unique property owners. Services included thourough title examination, appraisal, and escrow coordination. The project required multi- jurisdictional coordination with agencies along the San Dimas Wash. EPIC coordinated with the Los Angeles County Flood Control District (LACFCD), US Army Corps of Engineers, and Rivers and Mountains Conservancy (RMC). EPIC provided supporting documentation to obtain Caltrans Right of Way Certification at the close of the project. FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 14 Project Client: San Bernardino County Transportation Authority (SBCTA) Reference: David Tan, P.E. Project Manager SBCTA 1170 West Third Street 2nd Floor San Bernardino, CA 92410 (909) 884-8276 dtan@gosbcta.com Team Members: Tyler Kelleher, Christine Wasfi, Candice Freeman, Darcy Mendoza, Mike Mays MT. VERNON AVENUE VIADUCT REPLACEMENT San Bernardino, CA This project, currently in construction, replaces the functionally obsolete bridge over the BNSF Intermodal Yard in San Bernardino and construct a new modern 1,000-foot-long bridge to current seismic, design, and roadway standards. EPIC provided comprehensive management of the project’s right of way program, from planning and risk assessment to acquisition negotiations, and relocation assistance for displaced residences. The team performed technical due diligence to reduce community impacts and developed a right of way acquisition schedule to maximize the available work areas for the Design-Builder. EPIC’s scope of services included title review, appraisal, and acquisition to acquire rights to 45 properties on behalf of SBCTA. With 35 full-parcel acquisitions, EPIC also provided the relocation assistance and advisory services program for 43 residential households displaced by the project. EPIC performed all permanent relocations, including Section 8 consultation for a few households. As the properties were vacated, the EPIC property management team secured each property with security fencing and board-up and ran regular site patrols to monitor for trespassers and other safety issues. Out of the 43 residences displaced by the project, EPIC supported 19 renters to use their relocation assistance benefits to become new homeowners. FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 15 Project Client: City of Barstow Reference: Brad Merrell, Consulting City Engineer (Prime Engineer Contracted with the City) Merrell Johnson 220 E. Mountain View Street Suite A Barstow, CA 92311 (760) 900-7526 bmerrell@barstowca.org Team Members: Kent Carpenter, Maria Sauza, Mike Mays NORTH FIRST AVENUE BRIDGE OVER BNSF RAIL YARD REPLACEMENT Barstow, CA The North First Avenue Bridge over BNSF Rail Yard is 83 years old and considered functionally obsolete. For this FHWA Highway Bridge Program funded project, EPIC provided full-service right of way and property management services in compliance with Caltrans District 8 regulations. EPIC performed right of way cost estimates, title clearance, appraisal coordination, negotiations to acquire rights to 21 commercial and residential properties, and relocation assistance services for 11 residential homes and one automotive repair business displaced by the bridge reconstruction. Upon property vacancies, EPIC coordinated site security and maintenance for properties, including boardup, locks, security fencing, and other tactics were installed to mitigate trespassing. To prepare for demolition and site clearance, EPIC disconnected utilities and coordinated hazardous materials testing and abatement. EPIC also coordinated 11 utility facility relocations with City of Barstow (sewer and storm), Golden State Water, Southwest Gas, Southern California Edison, Time Warner Cable and Verizon. EPIC ultimately oversaw the complete demolition of the properties to prepare for bridge construction. Skanska broke ground on the bridge replacement construction in January 2023. FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 16 Project Client: City of Murrieta Reference: Jeff Hitch, Public Works Construcion Manager City of Murrieta 1 Town Square Murrieta, CA 92562 (951) 461-6076 jhitch@murrieta.org Team Members: Tyler Kelleher, Darcy Mendoza MURRIETA HOT SPRINGS ROAD IMPROVEMENTS Murrieta, CA As an on-call consultant to the City of Murrieta, EPIC performed comprehensive right of way acquisition services for this Capital Improvement Project (CIP). The Murrieta Hot Springs Road is a 15- acre project that will widen the existing 4-lane roadway to a 6-lane roadway between Via Princesa and Winchester Road, and restripe from a 4-lane roadway to a 6-lane roadway between Margarita Road and Via Princesa. In addition to the roadway widening, this project will also construct bike lanes, curb access ramps, a curbed median, gutters, catch basins, storm drains, and sidewalks along most of the alignment and both sides of the roadway. Partial funding for this project comes from Measure A, and the Transportation Uniform Mitigation Fee (TUMF). EPIC managed the right of way acquisition and negotiaton tasks on behalf of the City to obtain right of way easements, drainage easements, slope easements, and temporary construction easements from twelve (12) property interests impacted by the project. The EPIC team completed title examination, appraisal valuations, offer package preparation, negotiations with property owners, and escrow services coordination to obtain the final deeds, and project close-out. FIRM EXPERIENCE / QUALIFICATIONS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 17 Project Client: City of Lake Elsinore Reference: Remon Habib, PE City Engineer City of Lake Elsinore 130 S Main Street Lake Elsinore, CA 92530 (951) 674-3124 ext. 213 rhabib@lake-elsinore.org Team Members: Tyler Kelleher, Darcy Mendoza, Mike Mays, Bernadette Salto TEMESCAL CANYON BRIDGE & ROAD REALIGNMENT Lake Elsinore, CA The City of Lake Elsinore is replacing the 97-year-old Temescal Canyon Bridge Over Temescal Wash. EPIC was the right of way and utilities subconsultant to the design engineer on this project. EPIC performed acquisition negotiations with property owners to obtain one (1) roadway easement, two (2) permanent easements, one (1) slope easement, and one (1) utility easement. EPIC’s scope of services included comprehensive right of way acquisition services, including title review, title clearance, real estate appraisal valuations, offer package preparation, negotiations with property owners, closing, and utility coordination services. EPIC’s in-house Utility Services department performed initial utility research, cost estimates, collection of as-builts, determination of liability, and coordination with utility companies to protect-in-place or relocate their facilities in this bridge rehabilitation project. EPIC provided oversight to subconsultant for potholing services. Due to Caltrans funding oversight, all tasks were performed in accordance with Caltrans Local Assistance Procedures Manual (LAPM) and the Caltrans Right of Way Manual. 4.5 - THIRD-PARTY / SUBCONTRACTORS THIRD-PARTY / SUBCONTRACTORS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 19 Third-Party Partnerships To provide the City with comprehensive coverage for valuation needs, EPIC has enlisted our preferred subconsultants to compliment EPIC’s in-house appraisal services for the following tasks on an as- needed basis: • Appraisal and Appraisal Review • Business Goodwill Appraisal Under the direction and guidance of EPIC’s Project Manager, we will expect the same standards from our subconsultants as we do from our own staff. They will demonstrate exceptional technical expertise and share our values of maintaining the highest standards of integrity and professionalism. EPIC will play a critical role in the QC of subconsultants’ final deliverables. To facilitate QA/QC and reduce surprises on end-deliverables, EPIC has regular status meeting check-ins with subconsultants to ensure they are completing their tasks and deliverables on-time with the proposed schedule and budget. Appraisal and Appraisal Review CBRE, Inc. is the largest commercial real estate services and investment firm in the world, with the #1 global market position in leasing, property sales, outsourcing, property management and valuation. CBRE’s Valuation and Services Advisory Group (VAS) represents the largest appraisal firm in the world with more than 1,900 valuation professionals, completing in excess of 470,000 real estate valuation and advisory assignments each year. CBRE has a proven track record of providing valuation and advisory services for state, regional, and local governmental entities including counties, cities and other municipalities. CBRE’s extensive experience combined with their depth and breadth of staffing differentiates our firm from others in the market. The CBRE VAS Southern California team consists of 11 appraisers that specialize in serving the need of public agencies, right of way firms and the legal profession. They are experienced in the appraisal of various property types and have a combined experience of over 265 years in condemnation/eminent domain related projects. Being part of the CBRE network allows their team of appraisers to leverage from the resources associated with the greater CBRE organization. For a description of CBRE’s specific services under this contract, please see Scope of Services. CBRE has been working alongside EPIC since 2015, performing appraisal and appraisal review services. Projects EPIC and CBRE have partnered on include the following: • City of Colton, Mt. Vernon Avenue over UPRR Tracks Bridge Widening Project • City of Placentia, Golden Avenue Bridge Replacement • City of Palm Springs, Ramon Road Widening - San Luis Rey Drive to Landau Blvd • RCTC, On-Call Right of Way Support Services • OCTA, On-Call Right of Way Support Services • City of Downey, Lakewood Blvd at Florence Ave Intersection Improvements • City of Colton, Barton Road Bridge Removal & Road Reconstruction • SBCTA, On-Call Right of Way and Property Management Services Please see CBRE’s Exhibit H submitted via Planetbids under the applicable Response Type. THIRD-PARTY / SUBCONTRACTORS City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 20 Business Goodwill Appraisal / FF&E Appraisal Since 1968, Desmond, Marcello & Amster, LLC (DM&A) has provided clients in both the public and private sectors with expertise in the valuation of closely- held businesses, professional practices, and tangible and intangible assets, such as furniture, fixtures, and equipment (FF&E) and goodwill. Since the enactment of the California Eminent Domain Law of 1976, DM&A has specialized in providing valuation services related to public agency property acquisition. DM&A’s professional staff consists of 10 individuals, including both FF&E appraisers and goodwill loss appraisers. This multi-disciplinary capability enables DM&A to address complex valuation issues involving both appraisal disciplines. Further, the size of DM&A’s professional staff enables DM&A to accommodate client needs on large projects with tight deadlines. DM&A’s professionals have extensive knowledge and expertise in the implementation of relevant California statutes and case law pertaining to FF&E and goodwill loss valuation. For a description of DM&A’s specific services under this contract, please see Scope of Services. DM&A’s Goodwill Loss Appraisal services experience includes the following: • SBCTA, West Valley Connector Project (100+ FF&E appraisals were prepared for both the acquisition and litigation phases of the project. Goodwill loss appraisal services were provided to SBCTA counsel for over 60 businesses impacted by the Project) • SBCTA, I-10 Corridor Contract 1 Project – goodwill loss appraisal of a Denny’s • SBCTA, SR 60 / Archibald Avenue Project – goodwill loss appraisal of a Denny’s • City of Ontario, Mission/Mountain Housing Project & Vista Verde II Housing Project • City of Riverside, 3rd Street Grade Separation Project • Los Angeles Country Metro, San Fernando Valley Transit Corridor Project EPIC and DM&A have partnered on the following projects: • City of Wildomar, Wildomar City Hall Building • City of Los Angeles, Sixth Street Viaduct Replacement • SBCTA, On-Call Right of Way and Other Specialty Services • SBCTA, On-Call Right of Services Tranist & Rail • Los Angeles County Metropolitan Transporation Authority, On-Call Highway Program Please see DM&A’s Exhibit H submitted via Planetbids under the applicable Response Type. 4.6 - STAFF RESUMES / ORGANIZATION EPIC LAND SOLUTIONS, INC. YEARS OF EXPERIENCE 7 (5 with EPIC) LICENSURE Real Estate Salesperson, CA #02129531 Notary Public, CA Commission #2347113 CERTIFICATIONS Certified Right of Way Agent (RWA), International Right of Way Association (IRWA) EDUCATION General Studies, George Mason University B.A., Political Science, San Diego State University PROFICIENCY Critical Thinking Microsoft Word Processing Legal Assistance TYLER KELLEHER, RWA PROJECT MANAGER Tyler Kelleher, RWA, is a Project Manager and Public Notary with over 7 years of industry experience. Tyler holds a Professional Right of Way Agent (RWA) designation through the International Right of Way Association (IRWA). Her experience on various municipal and public agency roadways and public infrastructure improvements have granted her in-depth understanding of the right of way process from project design through to successful file closeout following acquisition. Tyler excels in professional communication with project managers and property owners alike, protecting project funding through careful documentation and maintenance of milestone targets. She excels at detailed title review, detailed acquisition negotiation and relocation diary documentation, and legal assistance advisory (thanks to her history as a legislative intern for a U.S. Representative). NOTABLE EXPERIENCE Fontana Safe Routes to Schools (SRTS) Pedestrian Improvements, City of Fontana, CA: Tyler was the Right of Way Project Manager for this federally funded project to construct continuous sidewalk facilities, ADA curb ramps, marked bicycle lanes, and enhanced pedestrian crossings with marking and signage to create safe pedestrian and bicycle routes that connect to local schools in Fontana. Tyler led the right of way acquisition agents in acquiring permits to enter and construct, temporary construction easements, and permanent easement rights from 18 tax parcels owned by 16 entities, mostly residential owners, for sidewalk installation and driveway reconnections. Milestones included title clearance, appraisal reports and appraisal review certificates, acquisition negotiations, and escrow coordination in accordance with local and state guidelines. Urban Trail Corridor, Phases 2 & 3, City of Glendora, CA: The Glendora Urban Trail and Greenway Network Phase 2 goes from Sunflower Avenue to Juanita Avenue and Phase 3 goes from Juanita Avenue to Grand Avenue. This 1.5-mile extension is part of a future 10-mile bike and pedestrian network within the City of Glendora called the People Movement Project. Most of the trails will be constructed within Los Angeles County Flood Control District (LACFCD) right of way. Tyler oversaw the right of way acquisition and negotiation services to the Design Engineer for these two phases. EPIC prepared offer package documents and negotiating with 10 property owners to obtain temporary construction easements and permanent easements. Tasks included include title and escrow coordination. Murrieta Hot Springs Road Improvements Project, City of Murrieta, CA: The project widens Murrieta Hot Springs Road from a 4-lane roadway to a 6-lane roadway between Via Princesa and Winchester Road and restriped from a 4-lane roadway to a 6-lane roadway between Margarita Road and Via Princesa. In addition to the roadway widening, this project will also construct bike lanes, curb access ramps, a curbed median, gutters, catch basins, storm drains, and sidewalks along most of the alignment and both sides of the roadway. Tyler supported the right of way acquisition tasks on behalf of the City to obtain partial rights to 12 property interests—including one HOA—impacted by the project. Tyler’s tasks included title examination, appraisal valuations, offer package preparation, negotiations with property owners, and escrow coordination to obtain the final deeds. TYLER KELLEHER, RWA | PROJECT MANAGER Mount Vernon Viaduct over BNSF Intermodal Yard Replacement Program/Construction Management (PCM), San Bernardino County Transportation Authority (SCBTA), San Bernardino, CA: The Mount Vernon Viaduct over BNSF Intermodal Yard Replacement is a $230 million Design-Build project involving the demolition of the existing viaduct over the BNSF Intermodal Yard in the City of San Bernardino and construction of a new bridge over 1,000’ in length. Funding sources and stakeholders include FHWA Highway Bridge Program (HBP), Caltrans, and BNSF Railway. Tyler performed title and escrow coordination and prepared offer packages for the EPIC agent team to acquire over 40 property interests implicated in this project. Tyler also supported the relocation assistance program for over 50 residential displacements and property management services for vacated properties. Yucca Loma Elementary School Safe Routes to Schools (SRTS) Project, Town of Apple Valley, CA: As Right of Way Project Manager for this federally funded street widening and safety improvements project in Apple Valley, Tyler provided quality oversight and document close-out for the right of way acquisition process involving negotiations with three property owners and, ultimately, only one parcel from which a permanent easement was acquired. In accordance with state grant aid requirements, Tyler ensured that the right of way acquisition documentation followed the Caltrans Right of Way and Local Assistance Procedures Manuals. SR-60 & Potrero Boulevard Bridge Interchange Extension, Phases I & II, City of Beaumont, CA: The City of Beaumont is extending Potrero Boulevard over State Route 60 and constructing a six-lane bridge, with a center median and bicycle lanes. This project provides the City with a full-access interchange designed to mitigate increasing traffic volumes in the area associated with on-going/future developments and to implement the circulation element of the City ‘s General Plan. Two years into the project, the City sought EPIC’s services to provide title clearance, property rights acquisition negotiations, utility research and relocation coordination, eminent domain support, and Caltrans Right of Way Certification. As Senior Right of Way Agent, Tyler supported acquisition and certification efforts through offer package preparation, owner negotiations, title review, and Caltrans Certification document package preparation. The EPIC team met strict deadlines in order to secure the City’s $8 million federal funding. Club Drive Complete Streets Improvements, City of Indian Wells, CA: This project impacted two property interests on the northeast corner of Sandpiper Drive and Club Drive in the project area, south of Highway 111. As the Right of Way Project Manager, Tyler oversaw and supported the preparation of acquisition offer packages and coordinated with impacted property owners to obtain temporary construction easements (TCE), permanent sidewalk easements, and partial fee acquisitions. Golden Avenue Bridge Widening Project, City of Placentia, CA: The City of Placentia is replacing the Golden Avenue Bridge and is seeking Real Property Easement Appraisal, Negotiation and Acquisition Services to facilitate the reconstruction. The project is funded with the Federal Highway & Bridge grant program (HBP) requiring adherence to all pertinent local, State, and Federal laws and regulations. Tyler is supporting EPIC’s right of way services necessary to clear the right of way for this bridge replacement project include appraisal and appraisal review, title review, and acquisition negotiations for permanent and temporary construction easements (TCEs). The City also needs to revert and quitclaim old permanent and temporary easements previously negotiated for with property owners. Specifically, Tyler noticed a property currently going through eminent domain proceedings by another municipality, promptly alerting the City of Placentia to halt offers as rights were overlapped with rights needed for the project. Another property had an extensive tax lien from the federal government. By identifying this issue from the beginning, Tyler and the EPIC team were able to work with the City to redesign the project without impacting this parcel to avoid costly payment possibly by the City to cover the lien. Murrieta Creek Trail PS&E, City of Lake Elsinore, CA: Tyler is currently managing EPIC’s comprehensive ROW acquisition services for four (4) anticipated parcel impacts for this ATP-funded new regional multi-use trail construction. EPIC is in the process of conducting full acquisitions in fee, temporary construction easements, and permanent easement rights. Additional effort is being anticipated for coordination with Elsinore Valley Municipal Water District to review existing sewer easements and obtain an inter-agency agreement. EPIC LAND SOLUTIONS, INC. YEARS OF EXPERIENCE 5 (2 at EPIC) LICENSURE California Real Estate Salesperson #02199646 EDUCATION B.A., Public Policy and Administration & Spanish, California State University, Long Beach IRWA COURSEWORK Residential Relocation Assistance Business Relocation Computing Replacement Housing Payments Advance Business Relocation Ethics PROFICIENCY Microsoft Office 365 Database maintenance GIS software Archibus LANGUAGE SKILLS Bilingual in English and Spanish YASMEEN FLORES RIGHT OF WAY ACQUISITION/ RELOCATION AGENT Yasmeen is a Project Manager and Right of Way/Relocation Agent with over five years of experience. Yasmeen is a highly organized and driven ROW agent who excels at problem solving, concise communication, and team collaboration for efficient production of client deliverables. She relies on her technical proficiencies in multiple real estate software to provide analysis and research on property owners and title information. Utilizing her strong communication skills, Yasmeen is able to provide Spanish translation services and create innovative solutions to overcome language barriers in her negotiations. She excels at leading and supporting teams to ensure the scope of work is accurately carried out and even optimized procedurally wherever possible. Yasmeen has worked on multiple Caltrans oversight projects from early project design all the way to final construction, allowing her to address Caltrans documentation needs with an understanding of how each component fits into the full life cycle of the project. NOTABLE EXPERIENCE Inglewood Transit Connector (ITC) Project, City of Inglewood, CA: The Inglewood Transit Connector Project is a 1.6-mile (2.6 km) fully elevated, automated guideway transit system proposed in Inglewood, California that will connect the Downtown Inglewood station on the K Line of the Los Angeles Metro Rail system to the major sports and entertainment venues. As part of ongoing pre-acquisition planning tasks for the ITC project, Yasmeen is assisting the EPIC Right of Way Team with responses to FTA comments on Relocation Plan and is preparing Relocation Claim Forms and reviewing and providing comments to the Appraisal Policy and Procedures, Acquisition Policies and Procedures, and Relocation Policies and Procedures for the project. Urban Trail Corridor, Phases 2 & 3, City of Glendora, CA: The City is working on a continuation of an approximately 3-mile stretch of the San Dimas Wash Trail Project extending from Louie Pompeii to Grand Avenue. The Glendora Urban Trail and Greenway Network Phase 2 goes from Sunflower Avenue to Juanita Avenue and Phase 3 goes from Juanita Avenue to Grand Avenue. This 1.5 mile extension is part of a future 10-mile bike and pedestrian network within the City of Glendora called the People Movement Project. Most of the trail will be constructed within Los Angeles County Flood Control District (LACFCD) right of way. EPIC is providing right of way acquisition and negotiation services to the Design Engineer for these two phases. As a Right of Way Agent for the project, Yasmeen is preparing offer package documents and negotiating with 10 property owners to obtain temporary construction easements and permanent easements. Tasks included include title and escrow coordination. Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements, City of Maywood, CA: This project is part of the I-710 Congestion Relief Program. The purpose of this project is to relieve congestion along the Slauson Avenue Corridor within the City of Maywood, to increase capacity, improve traffic flow and operation by reducing delay from equipment upgrades and traffic signal synchronization. All signalized intersections along Slauson Avenue will be upgraded to include protected left-turn phases which will improve operations. The intersection of Slauson Avenue and Atlantic Blvd will be widened to add an eastbound left-turn lane and a northbound left-turn lane. As the project right of way agent, Yasmeen is overseeing YASMEEN FLORES | RIGHT OF WAY ACQUISITION/RELOCATION AGENT EPIC’s scope of services including title review and clearance, and acquisition negotiations with property owners to obtain up to four (4) files. Yasmeen is coordinating escrow at the close of the project. The project is being funded by Metro Measure R funds. Eastern Avenue/Florence Avenue Intersection Improvements, City of Bell Gardens, CA: The City’s System Safety Analysis Report identified 37 separate signalized and non-signalized intersections in the City to install safety improvements to reduce collisions and improve safety. The High Accident Location Analysis prioritized the Eastern/Florence intersection for upgrades to signals, controllers, timings, ADA ramps, and pedestrian -focused modifications. The project also included a widening of westbound Florence Avenue, impacting two (2) commercial parcels at the northeasterly corner of the intersection. Yasmeen is providing title and escrow coordination, appraisal coordination, and preparing offer packages for the acquisition process. Complex considerations in this project included loss of parking spaces in commercial shopping center, impacts to access driveways, a monument sign, and landscaping. Garfield Avenue/Eastern Avenue Intersection Improvement, City of Bell Gardens, CA: The City is fully re-designing the intersection of Garfield and Eastern Avenues from a Y-shaped formation to a T intersection where Garfield Avenue will terminate at Eastern Avenue. Although the design avoids right of way acquisitions, Yasmeen is providing right of way support to the design engineer to review Preliminary Title Reports (PTRs) for four (4) Assessor’s Parcel Numbers (APNs) to clarify the right of way limits. If property rights are required, Yasmeen will support the right of way team in obtaining appraisals, performing acquisition negotiations, and file documentation to secure Caltrans Right of Way Certification for the project. Lakewood Boulevard at Florence Avenue Intersection Improvement Project, City of Downey, CA: Yasmeen is supporting the right of way agent team obtain partial fee interest and temporary construction easement from nine (9) owners of property owners impacted by this intersection improvement project. Yasmeen is providing title and escrow coordination, appraisal coordination, and preparing offer packages for the acquisition process. Property interests impacted include an Arco Service Station. Ojai Avenue (State Route 150) and Maricopa Highway (State Route 33) Pedestrian and Bicycle Safety Improvements [Active Transportation Program (ATP)], City of Ojai, CA: EPIC is performing comprehensive right of way services for this grant-funded mobility improvement project in Ventura County to construct bike lanes, pedestrian, and transit facilities. Yasmeen is a Right of Way Agent on this project performing acquisition negotiations to acquire rights from up to 29 entities providing oversight of the utility coordination process. Tasks include title clearance, appraisal coordination, and acquisition negotiations with property owners. All tasks are performed in compliance with Caltrans Right of Way Manual and Local Assistance Procedures Manual (LAPM) in order to obtain Caltrans Right of Way Certification. Downtown Bus Stopover Non-Residential Relocation Assistance Services, San Diego Association of Governments (SANDAG), San Diego, CA: SANDAG is completing land acquisitions of a city block in Downtown San Diego to construct a new multiuse and bus stopover facility. The proposed facility will provide an off -street location where transit vehicles can be parked for short periods between runs. In addition to the stopover, the facility has the potential to provide future office space for SANDAG and other tenants as part of a Transit Oriented Development (TOD) including office, retail, and housing, including affordable housing. As Relocation Agent for this project, Yasmeen is providing hands-on support for completion of tenant interviews and notices, relocation plan, and relocation assistance services, and final close-out documentation (including Certificate of Abandonment) for six non-residential businesses displaced by the project. West Valley Connector Bus Rapid Transit (BRT) Corridor, San Bernardino County Transportation Authority (SBCTA), Segment 4, Ontario, CA: Yasmeen supported the delivery of Appraisal, Right of Way Acquisition, and Relocation Assistance services for 56 planned acquisition interests owned by 52 unique property owners. Property types included commercial retail suites, motels, restaurant franchises with vehicle drive-thru access, gas stations, and auto repair and auto dealers. All tasks were performed in conformance with Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and Federal Transit Administration (FTA). EPIC LAND SOLUTIONS, INC. YEARS OF EXPERIENCE 37 (8 with EPIC) LICENSURE Certified General Real Estate Appraiser, CA #AG003087 Certified General Appraiser, UT #5465331-CG00 CALTRANS QUALIFIED APPRAISER Highly experienced meeting Caltrans appraisal requirements CERTIFICATIONS MAI Designated Member, Appraisal Institute, #9746 ASSOCIATIONS Officer, San Diego Chapter of the Appraisal Institute EDUCATION Graduate Coursework, San Diego State University B.S., Financial Planning & Counseling, Brigham Young University KENT CARPENTER , MA I SENIOR APPRAISER Kent J. Carpenter has over 37 years of experience in the valuation of residential, commercial, industrial, agricultural, and special purpose properties in California. Prior to joining EPIC, Kent worked as Managing Director for the San Diego offices of Hilco Real Estate Appraisal and Grubb & Ellis Landauer Valuation Services. Additionally, he was an owner/partner at a top San Diego County appraisal firm – Lipman, Stevens & Carpenter, Inc. Kent’s extensive experience includes expert witness testimony in federal bankruptcy court, San Diego Superior Court and arbitrations/depositions involving real estate values. Clients include government entities, financial institutions, accounting firms, insurance companies, law firms, developers, and private property owners. NOTABLE PROJECTS Perris Valley Storm Drain (PVSD) Channel Trail Phase 2, City of Perris, CA: The PVSD Channel Trail Project builds nine miles of walking trails and bicycle path facilities along the PVSD channel from the north end near Harley Knox Road to the South Perris Metrolink commuter rail station south of I-215. EPIC is performing the right of way clearance tasks for Phase 2, which extends trail facilities 3.1 miles from the existing Nuevo Road terminus to the South Perris Metrolink Station. EPIC finalized negotiations, property conveyance documentation, and escrow coordination to acquire permanent fee acquisitions and easements on behalf of the City. Stakeholders include an agricultural grower, Caltrans District 8, Riverside County, Riverside County Flood Control and Water Conservation District (RCFCD), and Riverside County Transportation Commission (RCTC). Due to federal funding, EPIC submitted all documentation to obtain Caltrans Right of Way Certification with District 8. Kent completed six (6) appraisals for this project involving vacant land and storage yard parcels impacted. Santa Gertrudis Creek Trail, Phase II, City of Temecula, CA: The City constructed a bicycle/pedestrian multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The undercrossing improves safety at this location by removing the need for an at-grade crossing of the heavily traveled Margarita Road, which is a four-lane divided collector roadway. EPIC performed title review, appraisal oversight, acquisition negotiation, utility coordination, escrow services, and file closeout. As Senior Appraiser, Kent provided appraisal review services for four appraisal reports produced by a third-party appraiser for four separate parcels considered for impact on the project. Club Drive Complete Streets Improvements and Rehabilitation, City of Indian Wells, CA: This project impacts up to two (2) property interests on the northeast corner of Sandpiper Drive and Club Drive in the project area, south of Highway 111. EPIC as the dedicated right of way subconsultant to the design engineer is performing comprehensive right of way services, including property acquisitions of temporary construction easements (TCE), permanent sidewalk easements, and partial fee acquisitions, as determined necessary. Kent completed two (2) valuation waivers for this project in lieu of appraisal reports due to the minor impact of the acquisitions anticipated. KENT CARPENTER, MAI | SENIOR APPRAISER Frank Sinatra Drive Bridge over Whitewater River, City of Rancho Mirage, CA: The City planned to construct an all- weather crossing on Frank Sinatra Drive over the Whitewater River. This bridge will provide accessibility during major floods. EPIC provided appraisals, right of way permanent acquisitions and temporary construction easement (TCE) acquisitions, utility relocation coordination, and Caltrans Right of Way Certification coordination. Kent provided appraisal review services of 13 reports completed for the project. Impacted properties included gated communities, federally owned land, and development company owned land. Market Analysis for Planned Transit Oriented Development (TOD), City of Hemet, CA: In 2020, the City of Hemet selected Kent to perform a narrative, in-depth study for parcels designated for transit-oriented development (TOD) in the downtown area of the City of Hemet. The study involved land use considerations (commercial and multi- family) based on prevailing land use patterns and city land use goals pertaining to light rail design. Kent evaluated and analyzed the location of and land area for specific land uses within the 14.79 -acre parcel area and utilized a sales comparison approach to complete the market analysis. Temescal Canyon Bridge over Temescal Wash Replacement, City of Lake Elsinore, CA: The City of Lake Elsinore is replacing the 97-year-old Temescal Canyon Bridge Over Temescal Wash. The intent of this project was to construct a new 4-lane, 98 feet wide, 375 feet long bridge along the realigned portion of the existing Temescal Canyon Road. This project required the acquisition of two habitat conservation easements, five slope easements, one road easement and four temporary construction easements. Due to Caltrans oversight and Highway Bridge Program (HBP) funding, all tasks were performed in accordance with Caltrans Local Assistance Procedures Manual (LAPM) and the Caltrans Right of Way Manual. Kent completed two (2) appraisals for the impacted commercial zoned properties and successfully coordinated with the appraisal reviewer to make necessary revisions. Ramon Road Widening, Cities of Palm Springs and Cathedral City, CA: The Cities of Palm Springs and Cathedral City are widening Ramon Road from four to six lanes (three in either direction) between San Luis Drive in Palm Springs to just east of Landau Boulevard in Cathedral City (including widening, seismic retrofitting and new guardrails for the existing bridge passing over the Whitewater River). EPIC provided comprehensive appraisal and right of way services for 26 properties including Bureau of Indian Affairs tribal land. EPIC is performing comprehensive right of way services for this Federal Highway Bridge Program-funded project. Kent’s completed appraisal in compliance with federal Uniform Act and Caltrans Right of Way Manual guidelines. 11th Street Well Site, City of Riverside, CA: The subject property consists of an irregular shaped parcel located on the east side of the 91 freeway and is adjacent to the Downtown Riverside Metrolink Station. Kent provided a before and after appraisal for use in the potential disposition of the property consisting of vacant land adjacent to commercial and residential buildings. The after appraisal pertained to a change in parcel size due to the removal of water/well easement, a landscape sidewalk easement, and a reduction in size of a public utility easement located along the freeway and along the southwest property line. On-Call Multi-Year Consulting Services, Riverside County Flood Control and Water Conservation District (RCFCWCD), Riverside County, CA: Since 2018, EPIC has provided on-call appraisal services direct to Riverside County Flood Control and Water Conservation District (District). Most recently, EPIC appraisers completed appraisals of Perris properties intended for acquisition by the District for the Mead Valley Master Drainage Plan (MDP) Line A Project. These appraisals were completed to assist the Riverside County Flood Control District in a potential purchase of the properties. Both properties were in rural communities located in a flood zone per Federal Emergency Management Agency (FEMA) maps. The report noted that, while this was a development consideration, it was assumed to not preclude development on the property as evidenced by the numerous other properties in similar flood zones. KEVIN BLAIR, ASA - PARTNER GOODWILL APPRAISAL PROFESSIONAL BACKGROUND Mr. Blair joined DM&A in 2006 and became a Partner in 2021. He has prepared hundreds of goodwill loss appraisals for a variety of clients throughout California including Caltrans, California High Speed Rail Authority, Los Angeles County Metropolitan Authority, San Bernardino County Transportation Authority, Orange County Transportation Authority, and Riverside County Transportation Commission, among others. The businesses appraised by Mr. Blair over the past 18 years span across the retail, commercial, agricultural, and industrial sectors, including the appraisal of the loss of goodwill of gas stations, liquor stores, restaurants, shopping centers, office buildings, medical practices, auto repair facilities, metal fabrication shops, rail and trucking services, wholesale/distribution centers, and machining shops. Mr. Blair has been designated as an expert with regards to loss of goodwill in various eminent domain matters and testified at deposition and trial. Additionally, he has participated in mediations and provided litigation support services. At DM&A, Mr. Blair has managed projects encompassing fixtures and equipment and goodwill loss appraisals for numerous businesses within an acquisition area. He also spearheads the firm’s responses to public agencies’ requests for proposals/qualifications. Mr. Blair has given presentations to various IRWA chapters and attorney groups. The subject of the presentations have included Goodwill 101; Business Damages and Partial Acquisitions; Acquiring Commercial Property: When Appraisal and Relocation Issues Overlap; Expert Insights on Eminent Domain Trials; Appraisal in the COVID Era; and Highest & Best Use: Domino Effects on F&E and Goodwill. In additional to eminent domain related appraisal services, Mr. Blair has completed business valuation assignments for a variety of tax and litigation purposes, including, gift and estate tax, bankruptcy/receivership, partnership/corporate dissolution, marital dissolution, economic damages, fraud, and breach of contract. He has been engaged on projects by financial institutions and intermediaries to advise on transactions and financing. EDUCATION Mr. Blair holds a Bachelor of Arts degree from Claremont McKenna College (2006). He majored in economics with a leadership sequence. PROFESSIONAL AFFILIATIONS Mr. Blair is a Senior Member of the American Society of Appraisers (ASA) in the Business Valuation discipline. He was recognized by the ASA with the Rising Star Award in 2022. Mr. Blair is a member of the International Right of Way Association (IRWA) and served as past President of Chapter 2. He was recognized by his peers in IRWA as 2017 Young Professional of the Year – Western Region. MARCUS R. PIGROM, ASA - PARTNER FURNITURE, FIXTURES & EQUIPMENT APPRAISAL PROFESSIONAL BACKGROUND Mr. Pigrom joined Desmond, Marcello & Amster in 2005 as a furniture, fixtures, and equipment appraiser. He later became Senior Manager - Tangible Assets in 2009 and Partner in 2021. Mr. Pigrom has successfully completed hundreds of appraisal assignments in connection with eminent domain proceedings. His appraisal experience includes a wide variety of business types in the manufacturing, retail, and service sectors. Representative projects include the appraisal of mobile homes, industrial machinery and equipment, retail shopping centers, distribution facilities, restaurants, billboards, and service stations. His experience in eminent domain includes coordinating appraisal activities with real estate appraisers to avoid duplication of compensation and making determinations of equipment classifications under California Code of Civil Procedure §1263.205. Mr. Pigrom has prepared furniture, fixtures and equipment appraisals for numerous agencies across California including Caltrans, California High Speed Rail Authority, Los Angeles County Metropolitan Authority, San Bernardino County Transportation Authority, Orange County Transportation Authority, and Riverside County Transportation Commission, among others, among others, amongst many others. Having testified at deposition and at trial as an expert witness regarding fixtures and equipment valuation, Mr. Pigrom assists attorneys with litigation support services in his area of expertise. Prior to joining DM&A, he had more than two years of experience managing plant operations at a local bottling company. Mr. Pigrom has given presentations to various IRWA, industry, and attorney groups. The subjects of the presentations were Acquiring Commercial Property: When Appraisal and Relocation Issues Overlap; Valuation of Fixtures and Equipment Under Eminent Domain Law; Appraisal in the COVID Era; Date of Value: Why It Matters; and Highest & Best Use: Domino Effect on F&E and Goodwill. PROFESSIONAL AFFILIATIONS Mr. Pigrom is an Accredited Senior Appraiser (ASA) of the American Society of Appraisers in the Machinery and Technical Specialties discipline and a member of the International Right of Way Association (IRWA). EDUCATION Mr. Pigrom graduated from Loyola Marymount University in June 2002 with a bachelor’s degree in business administration with an emphasis in business law and a minor in history. EPIC’s right of way staff are all cross-trained in acquisition negotiation and relocation assistance services! Staff Organization EPIC selected a team of right of way professionals with demonstrated success on similar assignments ready to support the City with this on-call contract. Under the guidance of EPIC’s Project Manager, Tyler Kelleher, EPIC will tackle any project, large or small and will function as a high-performing extension of the City’s staff. EPIC’s team are Caltrans-qualified, licensed brokers crossed-trained in right of way acquisiton and relocation assistance services, MAI appraisers, notaries, and specialists in the successful delivery of state and federally funded projects. EPIC has engaged our preferred vendor, CBRE, to support appraisal, appraisal review, and DM&A for business goodwill and F&E appraisals. Our subconsultants will compliment EPIC’s in-house appraisal services to ensure availability of resources for this contract. Our designated team performs all right of way activities in accordance with the Caltrans Right of Way Manual. City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 22 STAFF RESUMES / ORGANIZATION 4.7 - PROJECT MANAGEMENT APPROACH PROJECT MANAGEMENT APPROACH City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 24 Service and Management Approach EPIC’s approach follows the Caltrans Right of Way Manual and Caltrans Local Assistance Procedures Manual (LAPM) in every project we undertake. EPIC will manage right of way task assignments, valuations, and the acquisition and relocation process from start to finish. EPIC will work closely with the City and its consultants (engineering and design teams) to review project assignments and establish clear lines of communication, procedures, and protocols to keep the team on track to reach project goals and milestones. We will manage meeting scheduling, agenda and minutes, including meetings with the City and its consultants, as needed. EPIC’s tasks will include preparation and maintenance of a detailed project schedule, maintenance and quality control of acquisition files, periodic progress reporting, and facilitation of regular internal meetings and client status meetings. EPIC’s project management services control quality, budget, and the delivery schedule. EPIC’s Management Strategies For smaller projects, EPIC prioritizes budget considerations for project management by ensuring hours are allocated majorly to boots-on-the-ground right of way agents. While Project Managers are still involved, they allow their teams to focus their time when it’s needed for the project and the budget. EPIC Project Managers review projects thoroughly at Notice to Proceed and back into an appropriate schedule with our client’s goal date in mind. With extensive experience managing numerous acquisition files that have been approved by Caltrans for certification, EPIC Project Managers understand how vital hitting milestones on projects can be. Often serving as a subconsultant, EPIC Project Managers understand the nuances of keeping all involved parties “in-the-know.” Status updates are often held as quick phone calls or more formal virtual or in-person meetings to discuss project developments as soon as they happen, not delaying progress. Right of Way Consultation EPIC regularly partners with design engineers and survey teams to support the project delivery. EPIC frequently begins the right of way process by engaging in the conceptual design phase, supporting the design engineer all the way through to constuction. EPIC will assess right of way impacts based on conceptual designs, make recommendations to mitigate impacts to private properties and risks to the project schedule while also accurately assessing potential displacements and relocations resulting from proposed design alternatives. Prior to conceptual design phases, EPIC may provide services such as prior rights determination, existing condition assessments, right of way impact assessments, and conceptual or detailed cost estimation of right of way impacts on a project. EPIC’s team has specialists experienced in researching and assessing a wide variety of records and determining potential challenges and prior to the design phase. For any of these services, EPIC will work with the City and their design team(s) to evaluate the conceptual designs for alternatives and determine possible right of way and easement acquisition requirements based on the information provided. Property rights requirements may include a combination of permitted rights, permanent acquisitions, and/or temporary construction easements (TCEs) from the same underlying property owner. PROJECT MANAGEMENT APPROACH City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 25 QA/QC Checklists & Peer Review Who? Agents & Senior Spot Check Files & Project Reporting Who? Project Managers On-Call Accountability EPIC will review each task assignment and identify all potential risks to the schedule, providing options to the City to avoid unnecessary delays with assignments. This early engagement with all parties proves vital in keeping project assignments on schedule and on track. EPIC will provide progress reports as frequently as requested by the City with a usual cadence of bi-weekly updates on the progress made toward acquisition negotiations and other tasks. The Regional Manager holds weekly update meetings to check-in with all teams on active task assignments and client goals to help keep everyone in check and address any key issues. Notes from these meetings are then distributed to the appraiser, project manager, and the City with action items noted and questions detailed. These meetings foster on-time and on-budget deliverables with a sense of accountability held throughout the entire team. EPIC believes in providing the client with on-call availability and dedication throughout the life of the project. Quality Assurance & Quality Control (QA/QC) All EPIC projects are guided by quality management procedures and guidelines (“QA/QC Plan”) that have been developed, tested, and proven through our 24+ years delivering right of way acquisition projects for public agencies. QA/QC procedures guide our team structure, staff role and responsibilities, document controls, management requirements, and high-level of service for our clients. EPIC’s QA/QC procedures rely on a three-tiered approach that engage all levels of staff in procedures and tools to safeguard quality deliverables for the City of Rancho Cucamonga: 3 2 1 Agents with Project Managers sign off Tier 1: Document Control, Versioning, and Redundancy • Full Staff Engagement: All levels of staff engage in document control by utilizing EPIC’s SharePoint, a Microsoft file management platform and collaboration tool. SharePoint automatically supports error-free versioning control, real-time collaboration, file organization, and modification change tracking. Each change to any project document is tracked and can be rolled back, if necessary. • Document Availability and Retention: All personnel working on the project have access to the SharePoint filing system, which is accessed only with a unique log-in username and password. SharePoint file storage allows for controlled access requirements, selective editing abilities, and document version tracking. SharePoint is stored on Microsoft’s enterprise cloud platform which guarantees near 100% up-time and built-in redundancy. All records are maintained by EPIC for a statutorily required 7-year period. Document Controls & File Structure Who? All Project Staff PROJECT MANAGEMENT APPROACH City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 26 Tier 2: QA/QC Checklists & Peer Review • QA/QC Compliance Checklists: These checklists ensure project documentation contains consistent and accurate information. QC/QC Checklists are utilized for distinct right of way milestones and deliverables. Checklists verify file details and documents issues/ resolutions and ensure project documentation contains consistent and accurate information. Each checklist requires approval signatures from the Preparer, Independent Reviewer, and the Project Manager. • Peer Review of Project Documentation: All documents prepared by EPIC will be reviewed by at least one other experienced agent and signed off by the Project Manager before submission to the City. The application of EPIC’s dual quality reviews process is a key component in upholding EPIC’s reputation for high-quality deliverables. A final review of the document is conducted by the Project Manager prior to delivery. Each file will have a review checklist attached to the file prior to close-out. Tier 3: Spot Check Files & Project Reporting • Spot Checking: Acquisition files are randomly spot-checked at various milestones throughout the project to verify that all documents are uploaded and maintained into electronic and hard files. Project Managers or their designated staff can perform the spot check QA/QC. Diary logs are reviewed regularly to ensure that communications are being tracked on a “real time” basis. • Reporting: The EPIC Project Manager will review all project reports and electronic access to EPIC’s progress can be provided to the City for real-time visibility into project progress. Schedule Controls, Cost & Budget “Visibility” is a key element of EPIC’s multi-layered approach to internal cost control/containment. EPIC aims to ensure the budget, scope assumptions and timeline are all clearly defined at the beginning of the project. To stay on track of project criteria, timesheets are required for all EPIC staff on a weekly basis. At any point, EPIC’s management team can view the time being spent on any individual project. Managers review and approve all invoices. They also strive to meet deadlines to assure the project stays on schedule and within budget. Monthly invoices contain the total budget, project-to-date actuals and the remaining budget. While invoices are produced by our accounting department, they are reviewed and approved by our project managers. This reinforces the status of the project in budgetary terms as compared to schedule. If the project scope changes, EPIC communicates to the client as soon as possible in order to have a conversation regarding the reduction or addition in budget. These practices have led to a high level of satisfaction from clients. Engaging the City of Rancho Cucamonga in Quality Control We will utilize any acquisition templates that the City prefers and if none are provided, we ensure that you will find our own templates to be satisfactory to your needs (while adhering to all applicable laws and standards). Should questions arise from either EPIC’s team or the City’s team during the acquisition process, EPIC’s Project Manager will communicate promptly via e-mail or phone to discuss or arrange an in-depth meeting. 5.9 - RIGHT OF WAY COORDINATION RIGHT OF WAY COORDINATION City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 1 A Right of Way Program Built for Federal-Aid Projects EPIC’s approach for all acquisition projects are in accordance with the Federal Civil Rights Act of 1964 and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as amended in 1987 (the Uniform Act), and the Caltrans Right of Way Manual. To protect public agency’s funding sources, EPIC follows the Caltrans Right of Way Manual and Caltrans Local Assistance Procedures Manual (LAPM) in every project we undertake. From the Notice to Proceed to Project Close-Out, our file documentation and project methodology adheres and conforms to these critical guidelines. This section outlines EPIC’s description of the right of way program and services being proposed under this on-call contract. It is EPIC’s privilege to offer the following services to the City of Rancho Cucamonga. Project Management Our team will work closely with the City and its consultants to review project assignments and establish lines of communication, procedures and protocols, and will work to keep the team on track to reach goals. This contract will be managed by EPIC’s Right of Way Project Manager, Tyler Kelleher, RWA. Tyler will be supported internally by Advisory Manager, Darcy Mendoza. Together, they will perform the following: • Oversee all activities performed under the right of way contract. • Coordinate with any federal and state oversight agencies as directed by the City. • Ensure that all consultants have appropriate licenses for the scope of work. • Coordinate team, subconsultant, and client meetings. • Prepare and maintain a detailed project schedule and provide progress reports. • Coordinate with all stakeholders. • Maintain project files. • Develop and maintain a quality assurance/quality control plan. Rights of Entry and Encroachment Permits Projects may require Right of Entry (ROE) agreements from private property owners to perform pre-construction activities. EPIC will guide the City to obtain any necessary Encroachment Permits or Rights of Entry permits from local public agencies if it is necessary to cross any property owned by the public agencies. The ROE lawfully informs property owners of the purpose and impact of such entry, along with the approximate time range of the entry, and advise them of a contact person with any concerns that arise from the entry. ROEs are typically obtained prior to the valuation process and ordinarily will not dislocate people or impact property improvements. The EPIC agent will contact property owners to obtain the ROE in a timely manner. Each owner will be given a copy of Scope of Services RIGHT OF WAY COORDINATION City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 2 EPIC assisted the design engineer with a feasibility study for the City of Rialto’s Pacific Electric Trail Expansion (segment pictured above). the right of entry, a description or exhibit of the area needed for access, and information about the Project. It can be beneficial to have the EPIC right of way agent obtain these permits to enter, as it reduces the number of people the property owner must work with over the course of the project and begins to develop a positive relationship before acquisition negotiations occur. Real Estate Appraisal and Appraisal Review A qualified, licensed real estate appraiser employed or subcontracted by EPIC will provide an estimation of fair market value for the proposed acquisition parcels in the form of appraisal reports. Appraisal reports will conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations, where applicable. To initiate the task, the appraiser will coordinate and attend a pre-appraisal meeting with the City to outline the scope of work needed. The appraiser will draft and send a Notice of Decision to Appraise (NDA) letter inviting each property owner to accompany the appraiser to an inspection of the subject property in accordance with California Eminent Domain Law. The property inspection will involve the following, but not limited to, photographs of the subject property and vicinity, visual inspection of the subject property and surrounding area to identify property attributes, structures, utilities, topography, drainage, external site influences, traffic patterns and surrounding uses, access, frontage, visibility, and quantity, quality and condition of improvements. Following the inspection, the appraiser will research and analyze recent market data relevant to the property type and investigate public records for the property’s zoning, entitlement status, general plan and flood hazard area classification, as well as the property tax assessor’s records for attributes of the property and project details and mapping, if applicable. Once, these identifications are made, the Highest and Best Use conclusion is formed and data can be gathered to apply the appropriate approach to value. These three approaches are the Sales Comparison, Cost, and Income Approach. The final step is reconciliation of the various indications of value into a single estimate. As required by Caltrans oversight and federally funded projects, EPIC will act as the independent licensed appraiser to complete the review appraisals for the summary reports created by outside appraisal subconsultants. EPIC will provide Independent Desk Review of the appraisal reports, in accordance with federal aid requirements defined by the Caltrans Local Agency Procedures Manual (LAPM) and Caltrans Right of Way Manual. The Review Appraiser will verify the appraisal report’s conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations, where applicable. Upon completion of both the appraisal report and review appraisal, the documents will be provided to the Agency for approval of Amount of Just Compensation. City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 3 Loss of Business Goodwill / Fixtures and Equipment Appraisal and Valuation DM&A’s appraisal specialties, Fixtures and Equipment Appraisal and Loss of Business Goodwill Valuation, are vital components of any acquisition project. DM&A’s approach to the appraisal process is thorough, collaborative, and professional. Our appraisers recognize the importance of a detailed approach to any assignment, and are cognizant of our role as representing our clients. DM&A’s professionals have extensive experience interviewing business owners, and make efforts to address their concerns and needs in these meetings. DM&A actively communicates project status with clients via email, conference calls, or any other means preferred by the client. To the extent any data or information necessary for an appraisal is not forthcoming, DM&A will notify officials and/or representatives in a timely manner such that steps can be taken to obtain the necessary data. The appraisals DM&A provide can be used for settlement negotiations and are appropriate for legal exchange. DM&A can assist the client throughout the litigation process. DM&A’s partners and principals have extensive expert testimony experience. Our litigation support services include assisting attorneys in discovery, reviewing and analyzing opposing expert appraisal reports in preparation for deposition and cross-examination, and assisting in preparation of direct testimony, including development of visual aids and rebuttal testimony, if necessary. In providing fixtures and equipment appraisal services to the City, DM&A will perform the necessary research, investigation, and analysis to provide written appraisal reports in compliance with the standards of the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and Public Law 91-646 (the Uniform Act) as they pertain to fixtures and equipment valuations. All fixtures and equipment appraisals will be prepared according to definitions found in Code of Civil Procedure Sections 1263.205 and 1263.320. Marcus Pigrom will oversee all fixtures and equipment assignments for DM&A. RIGHT OF WAY COORDINATION City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 4 Avoid Delays by Quickly Obtaining and Reviewing Title One noteworthy contingency for the completion of survey and appraisal tasks is the timely availability of preliminary title reports (PTRs)—The sooner the survey or appraisal team has the title reports in-hand, they can complete their work and stay consistent with the property definitions. Title Examination Services & Preliminary Title Reports Securing preliminary title reports quickly is very critical. At the time of Notice to Proceed, EPIC will obtain a Preliminary Title Report for the impacted parcels. These reports will provide information required by the appraiser when preparing the Just Compensation analysis. Title Services involve obtaining and reviewing title reports to verify ownership and identify any easements or encumbrances. One report will be obtained for contiguous parcels with the same owner. Updated preliminary title reports will be obtained as needed. Acquisition / Negotiation Services EPIC is responsible for the entire acquisition process. Property acquisition requires that EPIC negotiate with property owners or appointed representatives for the purchase of property rights in good faith. The property acquisition process is performed in close coordination with the City and in accordance with the Uniform Act whenever necessary. EPIC agents are regularly trained in acquisition negotiation skills through International Right of Way Association coursework, Caltrans training and through experience with federal, state and local projects. We expect to provide the following services and high degree of care for every acquisition negotiation: • Offer Package Preparation: First, an Offer Package template is submitted to the County for quality review and approval. EPIC then prepares the Offer Package for each parcel based on the City-approved Just Compensation. Offer Packages may include an Offer Letter, Summary Statement of Just Compensation (appraisal summary), Acknowledgment Receipt, legal descriptions, plat maps, grant deeds and easements, Purchase Agreement and Title VI brochure. Caltrans projects require that a copy of the formal summary appraisal report be provided to the owner with the first written offer. • Immediate Engagement with Owners: EPIC assigns one agent to be the primary point of contact for each property owner. As soon as possible, EPIC agents present the written Offer Package to the impacted property owners or their authorized representatives. Early interaction with the property owner saves time in negotiations after the offer is made. EPIC agents will take the necessary time to advise property owners with detailed explanation of the property interest being acquired, the proposed construction detail as it affects the property, as well as the entire acquisition process. Agents will answer any questions or concerns the owners may have. RIGHT OF WAY COORDINATION City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 5 • Good Faith Negotiation: EPIC is aware of the sensitive nature of unwanted acquisitions from the point of view of affected property owners. For the remainder of the negotiation schedule will maintain close communication with property owners to establish a positive rapport and working relationship with the property owner to build trust and create an atmosphere in which successful negotiations can occur. EPIC agents will make as many contacts with each owner as the City believes necessary to acquire the property or secure an easement. • Reasonable Offer Timeline: Property owners are given reasonable time to consider the City’s offer and present material relevant to value determination (generally a minimum of 30 days or three contacts). • Tenant Consideration: Early in the process, EPIC will ascertain if property owners have tenants leasing their property. EPIC understands the relationship between a property owner and a tenant and the need to address all tenant concerns. At the owner’s or tenant’s request, EPIC will meet with the tenant to discuss the project and ways that the impact to the tenant can be mitigated. • Diary Entries: Each contact with property owners and tenants is documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process. • Purchase Agreement Amendments: To minimize the impact of project on affected persons and help address and alleviate some of the owner and tenant concerns, EPIC can suggest amendments or special provisions to agreement language. EPIC will work closely with the City and the impacted property owner/tenants to determine which concessions can be made without adversely impacting the project construction and project costs. • Recommendations and Counter-Offers: Review and consider counter-offers, make recommendations and obtain City approval before accepting the owner’s counter offer or making a second counter offer. • Innovative Final-Stage Negotiation: EPIC developed Summit Meetings as a highly successful approach to resolve issues and assist in avoiding eminent domain/condemnation proceedings. EPIC sets up a meeting with all individuals who have project information and decision-making authority. Although the meeting can last several hours, we are usually able to reach agreement on all issues. • Fair Settlement: It is one of EPIC’s highest priorities to negotiate a fair, mutually agreeable settlement between the City and the property owner, resulting in escrow. Once an agreement has been reached, EPIC obtains the owner’s signature, notarized when necessary. EPIC promptly transmits all executed documents on successfully negotiated parcels to City for acceptance and signature. We will then deliver purchase agreements to the title and escrow subconsultants and perform all title clearance. No Language Barriers: EPIC employs acquisition and relocation agents that are fluent in the Spanish speaking language to help in the easy flow of communications with property owners and the community at large. RIGHT OF WAY COORDINATION City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 6 Escrow Cost-Saving Option: If the only property interests acquired are confirmed to be temporary construction easements (TCE), EPIC can work directly with the City to process an “in-house escrow” and reduce escrow closing fees. • Legal Recourse: EPIC will continue negotiations with the property owners until every effort has been exhausted and it appears that the only remaining method of acquisition is through legal proceedings (i.e. a Recommendation for Condemnation). Relocation Plan (Required for Federal-Aid Projects) EPIC can prepare a Relocation Plan to analyze relocation options, anticipate all costs, outline the needs of residents, and outline plan for claim disbursements. The plan will verify the feasibility of anticipated relocations and forms an itemized project budget, including lodging, meal, transportation, and moving expenses. To prepare the Relocation plan, EPIC may interview displaced occupants to understand challenges and better estimate relocation costs. The Relocation plan will be prepared in accordance with state guidelines, rules, and regulations. Relocation Assistance Services EPIC’s project team prides itself on its ability to administer a relocation program that recognizes the delicate nature required when moving people from their homes or places of business. Being sensitive to displaced persons’ concerns is not only beneficial to the project, but also goes a long way toward alleviating the very human, sometimes traumatic, reaction faced by property owners who are unexpectedly displaced. Apart from the people affected by relocation activities, appropriate notices are one of the most important parts of a relocation program. Providing notices to affected persons in a timely manner can save the City money and protect the affected person(s) from unnecessary hardships. Escrow/Closing Services Once EPIC has obtained the property owner and City’s signature on acquisition agreement(s) we will open escrow and coordinate escrow requirements with property owner. We provide draft escrow instructions to the City for approval. EPIC will work with a third-party title company to perform title clearance. EPIC will review the Title Reports and work to ensure that the property can be conveyed to the City without any unacceptable liens, Covenants, Conditions, and Restrictions (CC&Rs) and other encumbrances. We coordinate payment between the Grantor, County and the Escrow Company. EPIC will obtain the City’s signature on Certificates of Acceptance and all other necessary documentation such as recorded grant deeds and temporary construction easement deeds to convey title. At the close of the transaction, we obtain the final title policy, review closing statements and submit to City for approval and close escrow. RIGHT OF WAY COORDINATION Federal Funding and Caltrans Support Robert Enriquez is EPIC’s dedicated Caltrans Policy Advisor. Robert carries nearly three decades of experience at the State of California, Department of Transportation (Caltrans), as a Local Programs Associate Right of Way Agent. He is experienced in all aspects of real property transacting and right of way compliance, from project inception to certification through completion of construction. He performed duties in planning and management, appraisals, acquisitions, condemnation, local programs, property management, excess land disposal, and business operations, often coordinating right of way efforts with design engineers, project managers, construction engineers, surveyors, and maintenance staff. He has an in-depth understanding of Caltrans Right of Way Certification procedures paired with federal regulations from prior experience with the Federal Bureau of Land Management and the US Department of Agriculture, Department of Forestry. City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination 7 Condemnation/Eminent Domain Support When negotiating for acquisitions, EPIC works to avoid eminent domain whenever possible. While it is EPIC’s ultimate goal to negotiate a fair settlement between the City and the property owner, sometimes it is necessary to resolve valuation or design differences in court. If eminent domain procedures do become necessary, EPIC will prepare summary memos outlining efforts made and the reason(s) for impasse. We will work closely with the City’s eminent domain counsel and we will prepare an impasse letter addressed to the property owner and begin eminent domain tasks. These tasks include preparation of litigation briefings, tracking Resolution of Necessity hearing dates as needed and attending Resolution of Necessity hearings. Each owner contact will be documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process. Caltrans Right of Way Certification All state and federally funded projects require Caltrans right of way certification. Right of way certification documents demonstrate that the real property interests have been secured and that all right of way activities were conducted in accordance with the applicable policies and procedures. EPIC can support obtaining Caltrans Level 1 or Level 2 Certification for the City on its projects, the preferred documentation for all Caltrans oversight projects. A Level 1 Certification requires completion of all acquisition, and relocation activities and a final order of condemnation. Level 2 Certification allows projects with condemnation parcels to progress with an Order of Possession. The submittal package to the City (and in turn Caltrans) will include the certification form and compilation of the necessary backup documents including deeds, resolutions of necessity, and final orders of condemnation, access agreements, cooperative agreements, utility relocation agreements and permits, among other documents. EPIC understands Caltrans rules thoroughly and will supply accurate information for certification of right of way at project closeout. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 23 of 30 “EXHIBIT A” CITY OF RANCHO CUCAMONGACONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements (“PSA”) with potential Consultants. I do not have specific knowledge of confidential information regarding SOQ responses received in response to the Request for Statement of Qualifications (SOQ) #24/25-501 Various On-Call Services. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any SOQ response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any SOQ response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. Karen Starr, SR/WA Consultant Senior Vice President January 10, 2025 (Print Name) (Relationship to the City) (Relationship to the Consultant) (Signature) (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 24 of 30 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” Mark the appropriate choice, below: Vendors accepts the PSA without exception. OR X Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as “Exception Summary”, which shall include the Vendors’ rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Karen Starr, SR/WA Printed Name Senior Vice President Title January 10, 2025 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga SOQ for Various On-Call Services: 5.9 Right of Way Coordination service of a notice to cure on the breaching party. In response to our submittal, we have included the following contract expections for the City’s consideration. EPIC would appreciate the opportunity to review these exceptions with the City prior to finalization of the contract. Section 9 - Confidentiality. Please provide reciprocal confidentiality clause for Consultant information. Section 11 - Indemnification. May the City please revise the following: 11.2 - Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a “design professional”, as that term is defined in California Civil Code Section 2782.8(c), including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against foreseeable, direct any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all reasonable costs and expenses, including all attorneys’ fees and experts’ costs as they are actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Section 12 – Insurance. 12.3 (1) Minimum Limits of Insurance: Please note the GL is 1,000,000 per occurrence/2,000,000 aggregate. EPIC has an umbrella. 12.3 (2) Please note the auto is 1,000,000 per accident. EPIC has an umbrella. 12.4 Deductibles and Self-Insured Retentions: Please delete the right to obtain a full certified copy of the policy/endorsements. 12.5 (1) Other Insurance Provisions. Please note that there are some limitations for the additional insureds, per policy wording 12.5 (1) Please remove the independent contractors as additional insureds 12.5 (7) Please delete the wording “failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided.” 12.5 (8) Please note that the professional policy has defense within limits 12.6 Evidence of coverage. Please delete the GL declarations or endorsement page requirement. Section 14. Termination. May the City please revise the following: City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than ten (10) five (5) business days after PSA - EXCEPTION SUMMARY City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” I, Karen Starr, SR/WA the _Senior Vice President (President, Secretary, Manager, Owner or Representative) of _Epic Land Solutions, Inc. (Name of Company, Corporation or Owner) , certify that the Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Statement of Qualifications (“SOQ”) #24/25-501 for Various On-Call Services have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Karen Starr, SR/WA Printed Name Senior Vice President Title January 10, 2025 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. Page 25 of 30 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/31/2024 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 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 certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies Company 750 Third Avenue, Suite 1500 New York, NY 10017 CONTACT Robin Strauss NAME: PHONE 212-669-5400 (A/C, No, Ext): FAX 212-669-5417 (A/C, No): E-MAIL rstrauss@risk-strategies.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : SOMPO AMERICA INSURANCE COMPANY 11126 INSURED Epic Land Solutions, Inc. 1971 West 190th Street Suite 200 Torrance, CA 90504 INSURER B : ENDURANCE ASSURANCE CORPORATION 11551 INSURER C : SOMPO AMERICA INSURANCE COMPANY 38997 INSURER D : EVANSTON INSURANCE COMPANY 35378 INSURER E : ACCREDITED SPECIALTY INSURANCE COMPANY 16835 INSURER F : COVERAGES CERTIFICATE NUMBER: 1478555767 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY MGF30041677801 7/25/2024 7/25/2025 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 15,000 X Cross Liability Prim.Non-Cont. PERSONAL & ADV INJURY $ 1,000,000 X GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT LOC $ A AUTOMOBILE LIABILITY MAF30041675201 7/25/2024 7/25/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ X ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE MUF30041685901 7/25/2024 7/25/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A JWCS1086I0 7/25/2024 7/25/2025 X WC STATU- TORY LIMITS X OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D E Professional Liability Cyber Liability MKLV1PEO003483 CYB-108072029-00 7/25/2024 7/25/2024 7/25/2025 7/25/2025 Each Claim/Agg. Limit $3MM/$4MM Each Claim/Agg. Limit $5MM/$5MM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Evidence of Insurance AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 26 of 30 “EXHIBIT D” ADDENDUM ACKNOWLEDGEMENT The Consultants hereby acknowledges the following Addenda Number(s) to this SOQ have been received, if any. Consultants understands failure to acknowledge any addenda issued may cause the SOQ response to be considered non-responsive. It is the Consultants’ responsibility to log into the Bid System to identify and download the number of addenda that have been posted. • December 12, 2024 Addendum No. 001 • • • Karen Starr, SR/WA Printed Name Senior Vice President Title January 10, 2025 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. Signature City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 27 of 30 “EXHIBIT E DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither Epic Land Solutions, Inc. (Consultant) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Karen Starr, SR/WA Printed Name Senior Vice President Title January 10, 2025 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 28 of 30 “EXHIBIT F, PARTICIPATION CLAUSE” It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of N/A _ days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the city is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. YES NO X Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. City of Rancho Cucamonga Request for Statement of Qualifications (SOQ) #24/25-501 for Various On-Call Services Page 29 of 30 “EXHIBIT G” SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this SOQ response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following SOQ response. THE CONSULTANTS IN SUBMITTING THIS SOQ RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR SOQ RESPONSE AS NON-RESPONSIVE. Company Name: Address: Epic Land Solutions, Inc. (Street, Su. # City, State, Zip) 1971 W 190th Street, Suite 200 Torrance, CA 90504 Telephone #: (310) 626-4848 (Los Angeles) Fax #: Not Applicable E-mail address: proposalteam@epicland.com Web Address: https://epicland.com/ Authorized Representative: (print) Karen Starr, SR/WA Title: Senior Vice President Signature: Date: January 10, 2025 Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. Agency: City of Rancho Cucamonga Project: Various On‐Call Services Scope of Services: Right of Way Coordination Date Submitted: August 13, 2025 Prepared by: C Sinclair Date Prepared: 7/31/2025 Labor Rates FYE 2023 OH Name Title/Classification Direct Labor OH Profit Fully‐Loaded Rate Darcy Mendoza Advisory Manager $ 68.27 151.56% 10% $188.91 Tyler Kelleher Senior Project Manager $ 52.88 151.56% 10% $146.33 Maria Sauza Senior Right of Way Agent $ 41.00 151.56% 10% $113.45 Christine Wasfi Right of Way Agent $ 38.46 151.56% 10% $106.42 Katy Brackett Relocation Agent $ 34.86 151.56% 10% $96.46 Vivian LanzaOrellana Project Coordinator $ 33.65 151.56% 10% $93.11 Kent Carpenter Senior Appraiser $ 64.90 151.56% 10% $179.59 Chris Castile Senior Appraisal Coordinator $ 36.92 151.56% 10% $102.16 Star Young Budget & Financial Controls $ 45.67 151.56% 10% $126.38 The above rates are valid for the full term of the agreement from 2025‐2030. Commencing July 1st, 2026, and on each July 1 thereafter, Epic shall notify the City by May 15th of each year if they desire to increase the annual rates of the contract, and the City shall negotiate in good faith. Epic understands any rate adjustments shall require prior approval of the City Council if they exceed the percentage increase in the United States Department of Labor, Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers for Riverside‐San Bernardino‐Ontario (“CPI”) for the twelve‐month period ending on the immediately prior April 30. However, the rates will not increase by more than five percent (5%) in any given year without City Council approval even if the CPI increase exceeds that amount.” The rates above reflect the direct salary rates for individuals that are currently anticipated to participate in work under this contract. The actual rate billed shall be based on the direct salary of the individual having performed the work, plus overhead and profit . Epic reserves the right to re‐calculate staff billing rates. Staff billing rates provided include the Federal Acquisition Regulations (FAR) approved overhead rate for Epic Land Solutions, Inc. and are suitable for state and federally funded projects. If the NTP is received after 120 days from this proposal, fees and billing rates may require revision. Other Direct Costs Rate Mileage At IRS Allowable Postage/Overnight Delivery At Cost Property Ownership and Tenant Data At Cost Outside Services (Vendors & Subconsultants) At Cost Appraisal Reports/Appraisal Review Certificates Fixed Fee, At Cost Preliminary Title Reports Fixed Fee, At Cost 8/12/2025 OH Profit 151.56% 10% Rate Schedule Title Staff Member Standard Rate Testimony Rate GOODWILL Partner Madeleine Mamaux, CFA, ASA 450 550 Partner Kevin Blair, ASA 400 500 Principal Eric Lietzow, CPA/ABV 350 450 Principal Ricardo Goñi 350 450 Principal Doug Knapp, ASA 300 400 Manager Silvia Tauber, CPA/ABV 250 N/A Manager Vivian Loo 250 N/A Senior Analyst Anwesh Roy, CFA 200 N/A Analyst Chris Leavins 150 N/A Analyst Logan Margo 150 N/A FIXTURES, FIXTURES & EQUIPMENT Title Staff Member Standard Rate Testimony Rate Partner Marcus Pigrom, ASA 300 450 Senior Appraiser Ryan Nutten, AM 175 N/A Senior Appraiser Raul Bermudez, AM 175 N/A DM&A hereby confirms that the rates provided for each discipline and all required classifications identified under this award are valid for the full term of the agreement, from 2025 through 2030. Beginning July 1, 2026, and on each July 1 thereafter, DM&A agrees to abide by the policies and procedures outlined in the Letter of Intent as to any future request for rate increases.