HomeMy WebLinkAboutPACIFIC REAL ESTATE CONSULTANTS, INC.INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CITY CLERK
DATE: FED Z 3 Z024
AGREEMENT WITH PACIFIC REAL ESTATE CONSULTANTS
TO PROVIDE APPRAISAL SERVICES
THIS AGREEMENT is made and entered into on this 121' day of February, 2024 by and between
Pacific Real Estate Consultants, Inc., 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. On November 30, 2023, the City issued Request for Proposal No. 23-171 ("RFP") seeking
proposals from professional appraisers to provide appraisal services for non -condemnation
purposes to provide exterior -only appraisals, as well as appraisals with inspection on an as -
needed basis.
B. Consultant submitted a timely proposal, which was selected by the City, and represented
that it is able and willing to provide such services to the City as detailed in its proposal,
which is incorporated by reference as though attached hereto this Agreement.
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
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
during the term of this Agreement shall not exceed $25,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
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Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on February 20, 2024 and continue for a three (3) year
term with the option for the City to grant up to two (2) year renewals, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15,
below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against
claims forinjuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Consultant, his agents,
representatives, employees or subcontractors.
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MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
I. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00
O1 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 projectllocation (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any
auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non -owned
(Code 9) autos, 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 Employers' Liability insurance with a limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Professional Liability applicable to the work being performed, with a limit no less
than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period
of one year.
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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
L 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 connectionwith 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 10 11 85 or if notavailable, through the addition
of both CO 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition
is used).
2. Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be
primary coverage at least as broad as ISO CG 20 01 04 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
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Each insurance policy required above shall provide 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 waiverof subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the
insurer.
S. Seif-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.
6. 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 A:VII, unless otherwise acceptable
to the City.
7. 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.
ii. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
iii. 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 offive (5)
years after completion of contract work.
8. Ver feation 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 allpolicy 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.
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9. Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting
all the requirements stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors.
10. Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the
nature of therisk, prior experience, insurer, coverage, or other special circumstances.
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 I 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.
8. 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.
9. 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
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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 howl. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. 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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
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of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. 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.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
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arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. 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:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Pacific Real Estate Consultants, Inc.
Attn: Peter B. Finnerty
668 N. Coast Highway, Ste. 1409
Laguna Beach, CA 92651
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 alter it has been
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N-2024-065
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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
V
11
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By.
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Michael Garcia
Executive Director
Community Development Agency
CITY OF SANTTA ANA
71A w
Thomas R. Hatch
Interim City Manager
CONSULTANT: PACIFIC REAL
ESTATE CONSULTANTS, INC.
4i 44t -
Peter B. Finnerty, MA
Chief Executive Offic
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(9)
CITY OF SANTA ANA
EXHIBIT A
SCOPE OF SERVICES
Contractor(s) shall perform services as set forth below:
A. General Requirements
The City requires Contractors to provide the following services:
• Single Family Residence Drive -by Appraisals (One to Four Units)
• Single Family Residence Appraisals with Inspection (One to Four Units)
• Income Property Appraisal, both Commercial and Residential
• Desk Reviews
• Field Reviews
B. The majority of appraisals needed will be for single-family homes but there may be opportunities
to appraise vacant land and multi -family rental properties.
C. The assignments will begin soon after the Contract is approved by the City. The number of
appraisals will depend but could possibly be between 1 —10 per year.
D. Contract is for the appraisal for Real Estate that is not subject to Eminent Domain. These
appraisals are for properties which are being considered for rehabilitation or development using
City and federal funds.
E. Additionally, the Contractor shall:
1. Be an independent contractor capable of providing experienced, knowledgeable and
professional staff.
2. Be responsive and maintain excellent working relationships with city residents,
businesses, government officials and City staff.
3. Provide adequate staffing levels at all times and adhere to established schedules.
4. Be knowledgeable of and comply with federal, state and local regulations, including but
not limited to the California Vehicle Code and the Santa Ana Municipal Code.
COMPENSATION
Fee Proposal including hourly rates if applicable
Exhibit B
PACIFIC REAL ESTATE CONSULTANTS'
RESPONSE TO RFP NO.23-171
FOR ON -CALL
REAL PROPERTY APPRAISAL SERVICES
CITY OF SANTA ANA
FEE PROPOSAL
W ITTIvaC�1W'II m
RFP NO.23-171 - FEE PROPOSAL
Attachment A - Proposer's Certification and Fee Schedule is attached on the following page. The
Fee Schedule includes the fee ranges for various appraisal services as well as the approximate turn-
around time for completion of the appraisal services.
The professional fees for appraisal assignments for Pacific Real Estate Consultants are based on an
hourly time and resource schedule as follows:
Peter B. Finnerty, MAI $175/Hr. for consultation, valuation analysis, report
preparation, and meeting.
$275/Hr. fordeposition and testimony time, including
travel and waiting.
The above referenced hourly rates are fixed fee rates that are inclusive of all overhead and materials.
Therefore, no additional reimbursable expenses should be incurred by the City of Santa Ana.
The fee ranges set forth on Attachment A are typical fees charged. Fees for assignments from the
City of Santa Ana would be negotiated on an "as needed" basis for the specific assignment presented
by the City of Santa Ana.
Note that the fees range from less complex assignments on the low end to more complex
assignments on the high end.
CITY OF SANTA ANA
ATTACHMENTA
PROPOSER'S CERTIFICATION AND FEE SCHEDULE
Certification -I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. 1 have examined the Scope of Services (Exhibit 1) and am familiar with the scope of work
locations. 1 am familiar with all the existing conditions and limitations that may Impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the
City for clarification prior to the submission of my proposal.
TYPE OF APPRAISAL
FEE RANGES
APPROXIMATE TURN
AROUND TIME
Single Family Residential
Interior and Exterior
F96D zoo
7-10 Apftj
Exterior Only
d -4100
— 0
Multi -Family
2.4 Units
o - p06
7- D AIMS
5.10 Units
D -
-t
11-20 Units
06' D6
A
21-30 Units
ooD — S 000
!' -
30+ Units
it
Muli le Bulldin s
0 Qo
Commercial Mixed Use etc.
Form
VIA
Narrative
0Dog IDd 6
Vacant Land
Form
Narrative
Rrib — S o00
Desk Reviews
Farm
VIA k
Narrative
oo0
AAW
Satisfactory Completion Certificate
00— bob
- 0
Rush Service
A07, IFIrtrAw 0
N a
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City In accordance with said terms and conditions.
City of Santa Ana RFP No. 23-171 Page 42 or 53
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Pacific Real Estate Consultants
Name:
Project
N-2024-065
Number:
Project
TO PROVIDE APPRAISAL SERVICES
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant coverage(s) are:
POLICY EXPIRATION
TYPE OF INSURANCE COI DATE FILE NAME
NUMBER DATE
City of Santa
AUTOMOBILE LIABILITY 39SBAUD9517 03/29/2025 02/15/2024 Ana
Certificate.pdf
City of Santa
GENERAL LIABILITY 39SBAUD9517 03/29/2025 02/15/2024 Ana
Certificate.pdf
Pacific Real
Estate
PROFESSIONAL LIABILITY AAI00210409 08/20/2024 02/14/2024
Consultants
Insurance.pdf
City of Santa
Ana signed
WORKERS COMPENSATION EXEMPTION WAIVER 01/29/2025 01/29/2024 Workers'
Compensation
Declaration.pdf
No further action is required at this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
2/22/2024 3:53 PM