HomeMy WebLinkAboutMONUMENT ROW (2)INSURANCE NOT 0
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CLERK OF COUNCIL
DATE:
DEC 0 2 2021 AGREEMENT TO PROVIDE ON -CALL
ACQUISITION AND RELOCATION SERVICES
Q Pv A&!: at q )J%UU e,^) (��) FOR THE CITY OF SANTA ANA
A-2021-223-01
THIS AGREEMENT is made and entered into on this 16th day of November, 2021 by and
between Monument ROW, a California corporation ("Consultant"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws
of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
acquisition and relocation services on an as needed basis.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on -call basis, and at the City's sole discretion, Consultant shall perform the services
described in the scope of work that was included in RFP No. 21-075, which is attached as Exhibit
A, and as more specifically delineated in Consultant's proposal, which is incorporated herein by
reference as though fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of two (2) consultants selected to provide acquisition and relocation
services on an on -call basis under RFP 21-075. The total compensation for these
services provided by all such consultants selected under RFP 21-075 shall not exceed
the shared aggregate amount of five hundred thousand dollars and zero cents
($500,000.00) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work, which fails to meet the standards of performance
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set forth in the Recitals, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
November 1, 2024, unless terminated earlier in accordance with Section 17, below. The term of
this Agreement may be extended for two 1-year periods upon a writing executed by the City
Manager and City Attorney.
4. PREVAILING WAGES
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
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. 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.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
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any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Insurance coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability Insurance: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury
and property damage.
3) Workers' Compensation Insurance- as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) Insurance- appropriate to the
Consultant's profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to contain,
the following provisions:
1) Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20
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10 1185 or both CG 2010, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2) Primary Coverage- for any claims related to this contract, the Consultant's
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant's insurance
and shall not contribute with it.
3) Notice of Cancellation- each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the
City. The City may require the Consultant to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self -insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best's rating of no less than ANII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims -made
basis:
1) The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3) If coverage is canceled or non -renewed, and not replaced with another claims -made
policy form with a Retroactive Date prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of contract work.
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H. Verification of Coverage- Consultant shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
L Subcontractors- Consultant shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure that City
is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances- City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
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Ill. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information' shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
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14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services, which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work, which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that maybe brought or
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
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With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-5635
To Consultant:
Amber Costello, President
Monument ROW
200 Spectrum Center, Suite 300
Irvine, CA 92618
Office: 800-577-0109
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
[Signatures continue on the next page]
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CITY OF SANTA ANA
Kristine Ridge
City Manager
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: d azu14- A _ R
Laura A. Rossini
Chief Assistant City Attorney
FOR APPROVAL:
m
Nabil Saba
Executive Director
Public Works Agency
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CONSULTANT:
ArAer Costello
President
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EXHIBIT A
SCOPE OF SERVICES
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Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL RIGHT OF WAY SPECIALTY SERVICES
RFP NO.21-075
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified
Right of Way Specialty firms to provide On -Call Right of Way Specialty services on an
as -needed or "on -call" basis.
From the proposals received, it is the City's goal to select one or more firms to enter into an
agreement(s) with. The capital improvement projects needing the right-of-way services include,
but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street
Improvements.
The services being considered for contract are the following "Specialty Areas":
Specialty Areas
Maximum Contract
Aggregate Amount
A
Acquisition/Relocation
$300,000
B
Property Management Services
$148,000
C
Property Appraisal Services
$148,000
D
Business Goodwill Appraisal Services
$148,000
E
Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the proposals
received, it is the City's goal to select one to two firms for each of the specialty services (A, B,
C, D, and E). The City will enter into separate agreements (the "Agreement") with each of these
firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be
distributed among these firms based upon their ability to perform the required work within the
project schedule and budget constraints. A detailed scope of work and corresponding fee will be
outlined when a specific task is assigned to a consultant. The City reserves the right to distribute
the work in any manner which will best serve the City's interests.
Right of way firms are welcome to submit proposals for all Specialty Areas. However, the firm
providing the Specialty Service for the selected parcels will not be selected for a different
Specialty Service for the same parcels.
City of Santa Ana RFP 21-075
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MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
hLtp://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
Consultants must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
• The Consultant shall perform work to produce a high quality, professional and complete
work product.
• Consultant must have experience with State and federally funded projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
• All acquisition/relocation agents, performing work for the City, must hold a valid
California Real Estate License. Salespersons must be registered with the California
Department of Real Estate (DRE), as working solely under the Consultant's supervising
broker of record.
• Work may include, but is not be limited to, the following:
0 onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
• The Consultant shall carry out the instructions received from the City and shall cooperate
with the City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the work
produced. The work will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the City may NOT include a detailed review for the accuracy
of items submitted. The responsibility for accuracy and completeness of such items
remains solely that of the Consultant.
The Consultant shall be responsible for coordination and supervision of all work
performed by its sub -consultants. The Consultant shall review all work performed by its
sub -consultants and the responsibility for accuracy and completeness of work performed
remains solely that of Consultant. Sub -consultant markup is not allowed in this contract.
City of Santa Ana RFP 21-075
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Page 13
• The Consultant shall have a Quality Control Plan in effect during the entire time work is
being performed under the Agreement. The Quality Control Plan shall establish a process
whereby work products are independently checked, corrected and back checked. All
project related correspondences and documents shall be maintained and bound in
appropriate project files. Additionally, all electronic files shall conform to the City's file
naming system.
• The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspection and audit by City, County, State and
Federal representatives
• Consultant's Project Manager and critical staff must attend the monthly meetings with
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
• Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
• Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
• All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
• Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
• Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
• All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
City of Santa Ana RFP 21-075
Page Al-3
Page 14
SPECIALITY AREA A
ACQUISITION & RELOCATION SERVICES
Acquisition Consultant Responsibilities
• "Good faith negotiations" with property owners for the purchase of right-of-way based on
values established in the reviewed and approved appraisals.
• Adherence to all professional standards including the Caltrans Right -of -Way Manual and
all applicable laws and regulations.
• Preparation of all written correspondence, applicable forms and City's standard purchase
agreement.
• Coordination with City staff.
• Performance of notary services related to the signing of acquisition documents.
• Escrow coordination with Agency's selected title company.
• Completion of final close-out work per Caltrans requirements.
• Maintenance of all acquisition files including acquisition diaries.
Acquisition Consultant Responsibilities under the Uniform Act
• Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
• Expeditious acquisition within 30 days of approved appraisal.
• First Written Offer should be presented in person when possible.
• Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case.
• Owner to be given reasonable time to consider City's offer and present material relevant
to value determination (i.e., 30 days and a minimum of 3 contacts)
• Payment is required before taking possession unless date of possession clause is used in
contract. Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
• Preparation of Administrative Settlements when it is reasonable and in the public interest.
• Diary entries including confirmation of delivering Title VI information.
Acquisition Consultant Tasks
• Meet with City staff to discuss assignments and procedures.
• Perform the services required by the City with qualified personnel, equipment, materials,
supplies, and management and administration services.
• All personnel and subcontractors, referred to as "Approved Personnel", shall be approved
by City, prior to providing services. There shall be no changes in the Approved Personnel
without written concurrence of the City.
• Prepare and maintain a schedule of major activities and milestones and provide an estimate
City of Santa Ana RFP 21-075
Page Al-4
Page 15
of the cost to conduct proposed assignments including assignments to subcontractors.
Upon City's written approval of the estimated cost, initiate the assignment in a timely
manner.
• Present strategies for negotiating successfully and reach agreements with Property Owners
and their representatives and to close the acquisition Process.
• Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel.
• As deemed necessary by the City, meet with the City and other staff as requested.
• Prepare, monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
• Coordinate with the appraisers for site inspections.
• Review appraisal reports to ensure conformity with the environmental document and the
Right -of -Way (ROW) Map.
• Prepare and assemble the "Offer Package" using the format approved by the City for City
signature.
• Meet and present written purchase offers to property owners as directed by staff.
• Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
• Supplement negotiations by obtaining and reviewing counter offers or demands from
property owners, recommendations for settlements, coordinating with the agency to
review and discuss all possible solutions and problems, including condemnation.
• Prepare all acquisition agreements, deeds and other documents necessary to complete the
acquisition.
• Obtain property owners' signature on the Purchase & Sale Agreements (PSA)
• Obtain re -conveyance and subordination agreements as necessary. Maintain an accurate
and current record of all -pertinent information and contacts concerning the property
owners and tenants.
• Assist City in condemnation support activities.
• Open escrow after execution of PSA by the City and coordinate closely with title and
escrow companies to ensure escrow is closed on -time and properly.
• Coordinate with lenders and escrow companies to obtain partial re -conveyance for part
take acquisitions and obtain approval for close of escrow.
• Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
• Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor's parcel map (APN) and all other important information
required to monitor progress of acquisition cases.
Relocation Services
Consultant shall provide a complete relocation assistance program to comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title
25, California Code of Regulations, its amendments, and other pertinent laws and regulations.
City of Santa Ana RFP 21-075
Page Al-5
Page 16
Prepare relocation plans, relocation guidelines, relocation cost estimates, project area surveys
and other specialized reports. Consultant's relocation services include, but are not limited to the
following:
General Relocation Services
• Prepare and maintain a schedule of major activities and milestones for relocation. Upon
City's written approval of the estimated cost, initiate the assignment in a timely manner.
• Provide relocation advisory services.
• Meet personally with each displacee to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process.
• Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City.
• Document and log all contacts and activities.
• Prepare and distribute informational brochures and other required notices.
• Determine each displacee's eligibility for relocation; prepare an estimated timeline and
list of benefits. All Notice of Eviction's (NOE) must be reviewed by the City prior to
presentation to displacee.
• Prepare "Relocation Claim Package" in accordance with City approved format.
• Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit
calculations per Caltrans standards, assignment of benefit forms signed by all parties and
the consultant, W9 to match the name of the claimant as appears on the claim form. All
claims must include the (NOE).
• Relocation checks requested for pick up by consultant must be picked up by authorized
personnel from City with a signed receipt.
• Consultant must practice a system of "checks & balances" for delivery of relocation
checks to recipients. It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant.
• Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees
• Obtain moving bids and prepare estimate of benefits.
• Coordinate closely with Property Management consultant so that proper fencing, board
up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings.
Residential Relocation Services
• Prepare residential relocation claims and submit to the City for approval and payment
• Personally inspect replacement dwellings and/or buildings and sites to determine if they
are safe and meet sanitary regulatory requirements
• Coordinate the move with displace
• Prepare certification of abandonment and submit to the City
City of Santa Ana RFP 21-075
Page Al -6
Page 17
Business Relocation Services
• Conduct interviews and establish eligibility for relocation benefits.
• Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an
inventory of personal property, accompany the appraiser if requested.
• Coordinate with real estate appraiser to ensure there's no duplication of benefits,
accompany the appraiser if requested.
• Coordinate with business goodwill appraiser and provide necessary assistance.
• Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
• Determine eligibility for in -lieu payment.
• Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties.
• Determine actual and reasonable search expenses.
• Arrange for a final walk-through inspection of the property with displacee.
• Coordinate and monitor the move to ensure City purchased items are not part of the move.
• When personal FF&E is purchased from tenants, consultant must assist the City for bulk
sale of the purchased items.
• Prepare final claim, certification of abandonment and submit to the City.
Construction and Moving Bid Services
Movers
• Conduct on site inventory and photos.
• Complete certified inventory and mover instruction form.
• Schedule and coordinate bids.
• Attend site inspection, if necessary.
Contractors:
• Verify licensing
• Prepare mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
• Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and
Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation
Plan is to provide the City with summary and statistical information regarding the impact of a
City of Santa Ana RFP 21-075
Page Al-7
Page 18
project to potential displaced people. Specifically, this report shall identify potential impacts that
may occur as a result of the demolition of existing structures, proposed displacement of occupants,
and a plan to mitigate respective impacts.
The Relocation Plan shall include:
• Description of the proposed project and project location
• Assessment of needs
• Replacement housing resources
• Residential and commercial displacements
• Temporary housing (if applicable)
• Program assurances and standards
• Relocation assistance program
• Citizen participation and plan review period
• Description of relocation benefits
• Eviction policies and procedures
• Appeals and grievance procedures
• Displacement schedule
• Estimated relocation costs
City of Santa Ana RFP 21-075
Page Al-8
Page 19
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
Page 20
Nan -Fed Funding (6.1.2020)
SECTION 3
MONUMENT RIGHT-OF-WAY
2021 HOURLY SCHEDULE
Right -of -Way Management & Implementation
Principal -in -Charge
$250.00 per hour
Project Manager
$165.00 per hour
Senior Acquisition/Relocation Agent
$115.00 per hour
Acquisition/Relocation Agent
$105.00 per hour
Project Specialist
$75.00 per hour
Preliminary Fee Schedule (by Task)
Task
Est. Hours
(per report/case)
Fee
Full Take Acquisition
20 to 30 hours
$2,250 to $3,450 p/report
Part Take Acquisition
25 to 40 hours
$2875 to $4,600 p/report
Residential Relocation
25 to 30 hours
$2,250 to $3,500 p/case
Business Relocation
40 to 60 hours
$4,000 to $6,500 p/case
A-2021-223-01
. COTC PROCESSING FORM
UL
~
Agreements / Amendments / Extensions/ Deeds '
REVIVE FUNDED? COVID FUNDED? CONFIDENTIAL?
[]YES N NO ❑ YES N NO ❑ YES N NO
TO: CLERK OF THE COUNCIL OFFICE
FROM: DEPT.: Public Works Agency
PROJECT MANAGER: Kenny Nguyen/M.Leger
MAIL STOP: M-43
ExT.: 5019
The following inbrimation must be provided
in requesting processing of agreements / amendments / extensions / deeds for the City:
(See page 2 for instructions on how to fill out the COTC form)
NAME OF CONSULTANT / PARTY: Monument ROW
AGREEMENT NUMBER (if applicable): A / N
AMENDMENT NUMBER ❑ 1ST ❑ 2ND ❑ 3RD ❑ 4TH
(if applicable) :
EXTENSION NUMBER ❑ 1ST ❑ 2ND ❑ 3RD ❑ 4TH
(if applicable):
An amend ment/extension requires a copy of a Staff Report and/or initial agreement to be included.
AMOUNT: N * OVER
$50,000
❑ * $50,000 'Note: Council approval is required if an agreement with a
AND UNDER vendor exceeds $50,000 within a Fiscal Year for non.
public works agreements.
Bid for contracts exceeding $25 000, will continue to require
a formal Invitation for Bid.
❑ 1) Approved by council. ❑ 2) NOT approved by council.
COUNCIL APPROVAL DATE: 1 1-16-2021 ITEM #: 18
TERMOFAGREEMENT EFFECTIVEDATE: 11-16-2021 TERMINATION DA TE:
11-15-2024
SIGNATURES REQUIRED: N VENDOR 9 AGENCY ❑ CITY ATTORNEY ❑ OTHER
NOTARIZATION REQUIRED ❑ YES ❑ NO
APPROVEDINSURANCE: ❑ YES ❑ NO
(INSURANCE APPROVAL REQUIRED BY RISK MGMT. PRIOR TO SUBMITTING TO COTC)
COMMENTS:
FOR CLERK OFFICE USE ONLY: O PROCESS 0 DO NOT PROCESS
❑ Missing Signatures ❑ Needs Council Approval ❑ Other
ADDITIONAL REMARKS:
`ttrective Apnl its, zu19, tatty Manager contract authority increased via Ordinance NS-2963.
1:1Agreements1FormsTorm -AGREEMENT PROCESSING FORM-08-13-2021-FINALdoc Revised: 081132021
Pagel d 2