HomeMy WebLinkAboutOVERLAND, PACIFIC & CUTLER 1
.
City at Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
~=7~~~/~ ~~ h~:~ka~; ::s~:s~Cil Office (M-30). 2mB l'!AY t 2 AN 9: qO
===========================================================~J=~=;=======~~~==========
rLF :q;""l
'/...1 ,,-._ , ,;.J;
The agreement with Overland, Pacific & Cutler, Inc. (Previously Overland Resources)
No.
A-2001-028 (ROW)
was completed on 4/30/02 & was amended on 6/30/03
and final payment has been made.
~
Department:
Design Engineering - ROW
Phone/Ext. :
5067 -Kent Jorgensen/Cindy
Gomez
Signature:
A '~.,
~ O^_l)..
Date:
4/29/08
Revigell W -23-{)7
INSL1R~,!I'Gr= ':"1 FILE .
V)~:,::::. :':~J'~\~':'~;':';:~:~'~:~\) Q S
UI'I,',' " ',',' ;.....~1Il'..~.1,~ ...i~, L.E
~~LJ_::df-g,
CL(}.~;; (if CC;,;;-..l.iIL
C.'.TE: ~-If-Ol
THIS AGREEMENT, made and entered into this ;}/II. J day of '" , 2001 by
and between Overland Resources, Inc., a California corporation (hereinafter "Con tant"), and
the City of Santa Ana, a charter city and municipal corporation organized and exis ing under the
Constitution and laws of the State of California (hereinafter "City").
.
A-2001-0 28
CONSUL T ANT AGREEMENT
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
real estate consulting services including appraisal and right-of-way acquisition services
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance ofthis 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 those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $250,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set 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 April
30,2002, unless terminated earlier in accordance with Section 12, below. The term ofthis
Agreement may be extended upon a writing executed by the Executive Director of Public Works
and the City Attorney.
.
.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee ofthe 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 ofthis Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
s. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance ofthis Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution ofthis Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
ofthe Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
2
.
.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, 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 health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their 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
ofthis 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.
7. 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
3
.
.
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.
8. 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.
9. 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 telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk ofthe City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Public Works
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5635
and,
4
.
.
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Overland Resources, Inc.
25255 Cabot Road, Suite 218
Laguna Hills, California 92653
Attn: Ray Armstrong
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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 telefacsimile, any notice, tender, demand, delivery, or
other 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.
10. 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 nor
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 are not embodied herein.
11. 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
5
.
.
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.
12. 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 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.
13. DISCRiMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURiSDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. 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 her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
6
.
.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indenrnify 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.
7
.
.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
/ ;J
/ :7&Z
(---.-- -
'- P A TRIClA E. HEALY
Clerk ofthe Council
~/'
;;,:;~ pz~ //
~;-~~I~
Mayor
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: /~'c~J~~
Laura Sheedy
Deputy City Attorney
APPROVED AS TO CONTENT:
f,
Ii
(;. ji
~ / (If.
/1!-v" \.fl'.' ,I f; I' r
181 DAVIDN. AM
1 City Manager
CONSULTANT
.3:)-07IY8~
Employer ID # or Individual SS #
REC~NDED FOR ~VAL:
/~'/I;/iA C 0 ~
JAMES R~SS ~~
Executive Director
Public Works Agency
8
.
.
~-~--~--------
-------.--------.-- -----~----~-
-----.------------ .----_..---- -.-
Proposal for
General Right of Way Services
Ct~
. edBY: ~
Recel~ d front: ~
ReceIve ~
PClte: ,..Vi""..""
pwl"W
1illle:CU1.fSO".......
Presented to:
The City of Santa Ana
Overland Resources, Inc.
25255 Cabot Road, Suite 218
Laguna Hills, CA 92653
(949) 951-5263
December 29, 2000
-----------------------------------.
r_~
r.'
I...
.
.
----~----~._---_._---~_.._------_.. _..--
December 29, 2000
Mr. James Ross, Executive Director
City of Santa Ana
Public Works Agency
20 Civic Center Plaza M-36, 1" Floor
Santa Ana, California 92701
Attn: SOURI AMIRANI
RE: Proposal for General Rlght of Way Services
Masseurs Ross and Amirani:
Overland Resources, Inc. is pleased to respond to your request for professional real estate consulting
services. Overland Resources, Inc. is an Orange County based governmental real estate services
organization serving an exclusive public agency clientele. We are the leading firm in providing
governmental real estate services and have one ofthe largest and most qualified public sector real
estate staffs in California. We work diligently to provide the most cost-effective services for our
clients.
We look forward to the opportunity to meet with you in person - I am sure you will conclude that the
team presented in this proposal is the team you will want to work with into the future.
"I declare that only the person, persons, company or parties
interested in the proposal as principals are named herein; that this
proposal is made without collusion with any other person, persons,
or' company or parties submitting a proposal; that it is in all respects
fair and in goodfaith without collusion or fraud, and that I have the
full authority to bind Overland Resources, Inc" Item XIX of RFP
Sincerely,
.
.
OYf~
TABLE OF CONTENTS
Cover Letter
A. Project Understanding and Approach ............................................................................................1
B. The Project Team ............................................................................................................................5
C. Qualifications and Experiences .................................................................................................... 7
D. Fee Proposal {sealed).....................................................................................................................11
E. Appendix
Resumes
Corporate Broch ure
'Any questions regarding this proposai should be directed to Mr. Ray Armstrong at (949) 951-5263 ext. 104
or (800) 901-5263. This particular project will be managed and implemented in the firm 's Laguna Hills office
located at:
25255 Cabot Road #218
Laguna Hills. California 92653
Telephone (949) 951-5263
Facsimile (949) 951-6651
The context of this proposal is protected by 10, and may not be used commercially without express permission alOverland Resources, Inc.
.
.
A. Project Understanding and Approach
The City of Santa Ana Department of Public Works actively acquires property interests and easements for
public works projects. Staff at the City often utilizes acquisition consultants to supplement their efforts and
is seeking the services of a qualified acquisition consultant to help them with their acquisition efforts. Overland
Resources, Inc. is that firm. We provide acquisition services for numerous cities in Southern California - many
of which are considered "on-call" cities. That is, these cities call upon us for all of their real estate needs-
acquisition, vacations, policy, dispositions, studies, property management, and appraisal. Most assigned
projects follow a general project approach which we have presented below - we often refer to this approach
as our work plan.
Overland Resources, Inc. is proposing the following work plan for most projects - of course the actual work
plan will be dictated by the specific project. Many of the items listed below are concurrent items or they
overlap each other _ it will be incumbent upon Joe Fernandez, the project manager to ensure that the work
items are orchestrated effectively. The goal of the work plan is to expedite the acquisition process without
compromising the public acquisition process. Please understand that the following is not a scope of work, but
rather, the typical methodology used for public projects like those you are likely to entertain.
One area that we cannot emphasize enough is the fact that our services require a City point of contact with
administrative decision making capabilities to approve some of the optional activities as they relate to the
success of the project. Projects evolve over their life and there is no possible way we can dictate the ultimate
direction. We can guide the direction but we can't dictate it. Our requests for decisions will include a brief
analysis ofthe issue, options, and possible ramifications of each choice. As we develop a working relationship,
we will be able to anticipate your responses and will guide the project accordingly.
We elected to break out the work plan to show an understanding of each specific requirement that will likely
surface during our involvement. As you read through this plan, please keep in mind that Overland Resources,
Inc. routinely provides most of the following services to our public agency client base.
1. Project Familiarityflmmediate Cost Savings Measures
An important element of a successful project is an thorough analysis of the proposed project requirements. This
analysis includes an understanding of the probable costs associated with the each needed parcel, as well as
an analysis of possible barriers to the acquisition process. Our team is skilled in looking at the affected
properties early on to identify areas of possible concern. Once identified, we can work to creatively solve each
potential barrier prior to initiating formal action.
When dealing with "full-take" projects, we will immediately look for cost saving measures that are consistent
with the project goals: For instance, we will drive by the affected parcels and note whether any of the
properties are for sale, for lease, or vacant. We may recommend bringing the vacant units under contract
immediately to avoid unneeded relocation assistance payments and services fees. We also recommend
advancing the acquisition process for the "for sale" properties to avoid the obvious claims for pre-
condemnation damages that these property owners often assert.
2. AdministrativeIManagement Coordination
We will meet with City staff early to establish approved forms and documents to be used in the acquisition
process. We will establish lines of communication and reporting, exchange e-mail addresses and other
communication devices and establish the frequency of formal reporting requirements.
RlANo
QY'tSOURCES
Page 1
.
.
3. Appraisals and Valuations
Lidgard & Associates, Donahue Novak Valuation Services, and DonnaDesmond Associates were each
selected due to their strength in eminent domain reports for public projects. The appraisal requirements for this
project may reach further than the typical full take valuation. The team may be asked to provide valuation
analysis and reports for temporary takings of real property, rights of entry, replacement rights easements,
(possible) fixtures and equipment, (possible) loss of business goodwill, and leasehold analysis/apportionments.
We often encounter these assignments and are confident that our team is best suited to provide the level of
service needed for the assignment.
4. Negotiations of A cquisition for Real and Personal Property Rights
Overland Resources will follow the Uniform Relocation Assistance and Real Property Acquisition Act for
Federally Assisted Programs, Caltrans Policies and Procedures, California Relocation and Acquisition Law,
HUD, and FHW A guidelines depending on the project funding. The following tasks are required to
successfully implement the property acquisition program under these bodies of law:
.
Obtain preliminary title information from County Assessor's roles for planning, appraisal and
notification purposes.
Upon receipt of Notice to Proceed, solicit bids from local title companies and order preliminary title
report/litigation guarantees for each affected property. These reports will identify the liens and
encumbrances on each parcel for obtaining releases and reconveyances.
Secure Assessors parcel drawings, maps and background data for the acquisitions. This supplemental
information is necessary for use in preparing documents and in the appraisal process.
Issue a Notice of Decision to Appraise and Intent to Acquire to all affected property owners.
Upon receipt, review title reports and coordinate with the appraiser.
Upon receipt, review appraisal reports for adequacy and compliance with applicable regulations.
Coordinate with City.
Prepare necessary documents, deeds and right of way agreements needed for the acquisitions. Submit
offer package with Statement of Just Compensation for City approval.
Upon City approval, present written offers to purchase required properties and/or interests in
properties. Each offer will contain a Statement of Just Compensation, and a Summary of Just
Compensation to comply with the law. Offers will be personally delivered to property owners as
practicable. The written offer letter represents the official offer to each property owner.
If necessary, prepare and present fixtures and equipment offer to property owner and secure agreement
on ownership of moveable and immovable equipment allocation between owner and tenant. Invite the
relocation agent to accompany the acquisition agent on the first call if this is deemed beneficial.
Notify relocation agent of initiation of negotiations and coordinate with relocation agent to provide
needed appraisal and offer information.
Conduct negotiations with each property owner or representative or any other person or entity effecting
the negotiation process. Negotiations will involve an interactive, face-to-face discussion with the
property owner about hislher property, will explain the project, how the project impacts the property,
will go over the appraisal process and how the value was concluded, and will answer any questions
or concerns the owners may have. Supplemental negotiations may include answering any objection
the owner still has and coordinating the questions with City Project Manager.
Present appropriate executed documents and negotiated title conveyance or right of entry to City or
recommend condemnation action.
Upon approval of documents, open escrow or in the event that the property cannot be acquired by
good-faith negotiations, assist City with condemnation process by ordering updated litigation
guarantee, coordinating with attorney and any other tasks necessary to take possession.
During the course of the acquisition process, maintain a complete acquisition file of all
.
.
.
.
.
.
.
.
.
.
.
.
.
RlAND
OYf.sou ReE 5
Page 2
.
.
correspondence, offers, and contacts with each property owner and City; provide City with written
status reports at the prescribed interval and confer with City Project Manager as needed; maintain a
current Acquisition Checklist showing each successfully negotiated parcel and outlining any special
terms agreed to with a recommendation for City action.
5. Documentation
Overland Resources, Inc. will work with the City to create the documents pertinent to this project. Copies of
all documents formulated and produced will be made available to the City for approval. Complete and
thorough documentation of all management, appraisal, acquisition, relocation, and property management
activities will be maintained daily. Each parcel file will contain a parcel diary, where all activities, including
telephone and personal contact, will be recorded. Overland Resources, Inc. also keeps an Acquisition
Checklist, on a per parcel basis, of all properties and activities involved with a project. This master is updated
constantly and is accessible to all personnel through our computer network system.
6. Right of Way Acquisition Status Reports and Maps
Overland Resources, Inc.has the computer resources, hardware and software, to produce specialized status
reports that track the acquisition process. These status reports are updated continuously are available on-line
to our right of way agents. We will work with the City to provide continuous status reports of the acquisition
activities. Maps of any kind can be prepared or provided upon request using in-house resources.
7. Acquisition and Coordination of ROE
Right of entry documents may be needed in advance of final acquisition for Phase I and Phase II investigations.
Depending on the timing and flexibility of the client, Overland's methodology for ROE acquisition is to
implement a program asking for voluntary donation of these non-intrusive, temporary licenses for little, if any
compensation. In consideration of the donation, we are often able to work around critical or sensitive time
constraints of individual businesses or occupants. As with any interest in real property, we are sensitive to the
provisions of the Uniform Act and operate with that as our underlying premise at all times.
8. Cost Estimates
If necessary, Overland's project team can prepare cost estimates for budgetary and planning purposes. This task
may also include other specialized disciplines such as relocation cost estimate,S, goodwill loss exposure
estimates, moving cost estimates, demolition cost estimates, and professional services cost estimates.
9. Environmental- Coordination to Secure Certificate of Sufficiency
There are two principle bodies of environmental law which effect the acquisition process - the California
Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA). Both require
that the public agency review every project for potential environmental impacts caused by the project and to
make determination as to what the impacts are. We will ensure that each file has proper documentation as to
compliance with CEQA and NEPA (client provided).In addition, we will assist the team in processing Phase
I environmental investigation reports and, if necessary, further studies as recommended by the environmental
consultant. Currently, federal laws have no requirement that the acquisition team certify the status of hazardous
waste on a project. Nevertheless, we will work to be able to produce documentation that each parcel has been
adequately investigated to protect the client.
10. Condemnation/Litigation Support
Condemnation Counsel is a City provided item. Overland staff has worked with numerous law firms and will
provide general and technical support to the litigation team. Overland is able to provide a high quality work
product with minimal time requirements to support the needs of an aggressive condemnation program.
RlAND
O'Yf-souRces
Page 3
.
.
11. Title Research/Investigation
Activities and services under this category include obtaining tax record information, vesting deeds, copies of
underlying documents, and supporting maps and documentation. We will also provide assistance in reviewing
encumbrances to help determine their effect on the marketability and future use of the property. If conflicts
are present, we will coordinate with the City and establish a plan to clear the encumbrance.
12. Title Reports (Litigation Guarantees)
Overland does not propose the use of any single title insurance provider - we propose to put this vender service
to competitive bid to those title companies who are able to respond to an aggressive time and fee schedule. Of
course, there are some minimum levels for these providers, namely, they have to be able to produce Litigation
Guarantees and should have an in-house escrow capability.
13. Representation of City
Overland Resources will represent the project team, staff, and the City of Santa Ana before community groups
and City Council as directed.
14. Property Disposition, Vacations and Abandonments
Overland Resources, Inc. is involved with the sale of surplus properties for its governmental clientele. We look
for ways of maximizing revenue or expeditiously disposing of unneeded rights of way - depending on the
specific property. We are also familiar with the procedures of vacating public roads and service easements
(both regular and summary procedures) contained in the Streets and Highways Code and can adapt to
municipal code procedures for Charter Law cities.
17. General Approach to Accomplish all Aspects of Services Described
Overland Resources, Inc. - with our focus on public agency projects - is ideally suited to administer and
implement the total acquisition and relocation program needed for this project. Our firm is organized and
staffed with a compilation of all disciplines needed to implement the total real estate services needed by a
public agency; often this means retaining a specialized subcontractor (despite the fact that we may offer the
service in-house). This focus allows the management team of Overland to orchestrate all the individual
components ofa successful right of way project with a solid understanding of each specialists' work product.
Day to day management is conducted using a "work team" approach. Depending on the issue, the Project
Manager will assemble three to four specialists to discuss issues, debate ideas and strategies, and formulate
several different alternatives. We will then discuss the debated alternatives with the client for precise input and
formulate real solutions to oftentimes complex issues. The work team is a fluid concept and each issue may
call for a different team. These strategy sessions are held informally, spontaneously and often - this keeps the
entire project team focused on the evolving issues faced by the management team and keeps everyone in a
problem-solving mind set throughout the project.
Rl.AND
OY'ts 0 U R C E S
Page 4
.
.
B. The Project Team
The core of our service is our people. At Overland Resources, Inc., we employ only the brightest, most
enthusiastic people in the industry. We supplement our agent's vast knowledge with exposure to the latest
trends in the industry and maintain an open channel of communication with our Directors in other states to
react quickly to the ever-changing and challenging role of the acquisition agent
Overland Resources, Inc.'s project manager will beJoe Fernandez. Joe has over 10 years of right of way
acquisition experience, has worked on Santa Ana's projects in the past, isbi-lingual, and is capable of
managing an on-call contract like this one. Joe will be the day-to-day contact for the City of Santa Ana, will
be the one performing much of the work, and will be the one providing the status reports to Santa Ana staff.
If selected for an interview, we will have him run the presentation. Joe will select his project team depending
on the specific needs of the assignment. The resumes of our key staff are included in the appendix portion of
this submittal (so as to not alter the page count). The following page contains an organization chart showing
the relationship of each firm and team member for this project.
Firm Function
Overland Resources, Inc. Project Management & Research
Property Acquisition & Negotiation Activities
Eminent Domain Litigation Support
- . ---- Represent City in Public Hearings
Title Research & Reconciliation
Vacations and Sale of Surplus Properties
Project Cost Estimates
Phase I and II Environmental Permitting
Legal Descriptions/Plat Maps
Records Management & Inventories
Lidgard & Associates Real Estate Appraisal
Market Data Studies ,
Mark Linnes, MAl Review Appraisals
Donahue Novak Valuation Fixture and Equipment Appraisal
Services
Donna Desmond Associates Goodwill Loss Appraisals
Exposure Analvses
Why we selected this particular team Right of way projects require the services of various team members.
We would prefer to sub-contract title reports, legal/plat map preparation, specialty appraisal work, and all
environmental work to specialized vendors. For the most part, the City is free to specify any firm they have
a solid relationship with - chances are, we have worked with them on several projects! We would like to
strongly recommend our appraisal team member Scott Lidgard of Lidgard and Associates. Scott has been
appraising partial and full takings of real estate for public agencies for over 15 years, he has an appropriate
resume for the job, and he has met all the requirements for award of the MAl designation - but the real reason
we want him on this job is that his reportshelp us do our job beller. Mr. Lidgard's reports are well organized,
well thought out, and well supported. He develops a good rapport with the property owners during his field
inspections and communicates what he learns from the property owners to us. All this combined allows our
negotiators to present confidently to the property owner which allows us a greater success rate. From an
administrative point of view, we have the confidence in Mr. Lidgard that he will keep his time commitments.
RlANo
OYfSOURcES
Page 5
en
w
(.)
-
~
w
en
z
0
-
I-
-
en
-
=>
0 <
(.) z
< <
- .._~
-
c ~
w z
c <
w en
w LL
Z 0
en >
~ t::
-
< (.)
Z ,
"__._ ___J
<
~
Z
<
en
LL
0
>
I-
(.)
.
c; -:l
III 0
'; Z I/l "0
C. Ow c:
0.1 ~~ 0
.. E
0 <l: w- I--
~ 00 III
- ro .,
t.l N .~ <0 Cl
ell 0 ZI/l
.. "0 ZI/l ro
0 c: "0 0< c:
., 0 c:
::E 0 0
- 0 Cl
t.l >- Cl
ell .,
'0' 0
..., L--
..
0-
~_._- - -
I/l
c; ~w .,
0
III :;5 :J 0.<
'; .c:
00: ro ro
.. ZW c: >
~ ---- 0. wl/l 0 0
- 0. =>z - Cl - Z
- <l: :1:0 >- Qj
c ~ ~~ '* 0
ell .., W z
E 00> oll o=> .,
Z'" 0-' ...,
ell -c: u..
.ro :;
Cl ffl::E
III
c 0-
III o:~ L- --'
::E =>.-
oe
- I/l a.. I-
t.l W -
ell O:N
.~ .,
~ 0"0
zc: c;
0- jro I/l
o:~ III w
c; '; ~
wu. ..
.. >., 0. 0 "E
ell ,
> 00 0. 0 ro
.., <l: I/l 0>
0 I/l "0
- .s < :::;
~ all ::::
.l!l 0 0
III 0
0: Ul
W <
c; C)
0
ell :J
0::
0 - -
c ~
0 ~
.. iii 0:: c:
:111 w Ul :;
0
:::l 0: ci .0
l:T => c: "0
t.l 0 0 u
~ I/l - .l:;
<l:
~
ell
0.
o
..
a.
W
0:
o
Z
j
0:
W
~
III
E
<l:
>-
ro
0::
.
?;o
~
.,
...,
~
0:: III .,
Ul 0 'E c:
..: .0 '"
., oS! '" ~
.s UJ u.
'" ro
~ c: "0 ~
ro :J
c: ro
Cl :::; ...J
c:
ro
III
:J
Ul
.
.
2001 SCHEDULE OF HOURLY RATES (inclusive of mileage)
OVERLAND RESOURCES, INe.
Principal
$110.00 per hour
Senior Associate
$95.00 per hour
Associate
$85.00 per hour
Project Administrator
$68.00 per hour
Administrative
$39.00 per hour
The firm considers photocopying, postage, telephone, FAX, and cellular communications charges as a normal
part of doing business and, is included in the stated hourly rates. For this contract, local mileage is also
included. Out-of-pocket expenses (requested overnight courier charges, blueprinting and reproduction) will
be invoiced at cost plus 15% to cover administration, coordination, and handling. Subcontracted services
(other than those listed above) will be invoiced at cost plus 15%.
Overland Resources, Inc. maintains a minimum of$I,OOO,OOO of Professional Liability (E&O), Commercial
General Liability Insurance and similar minimum limits on non-owned vehicles. We comply with, or are
exempt from current California Worker's Compensation Insurance requirements.
Hourly rates for depositions, court preparation and court appearances will be invoiced at two times the stated
hourly rates. We will bill progressively as the engagement proceeds and invoices are due within 30 days of
receipt.
Page 14
RlAND
OYf-souRCES
Appraisal
Parcell:
Parcel 2:
Parcel 3:
Parcel 4:
Sub-Total
.
.
ATTACHMENT "A"
CONSULTANTS RATE COMPARISON FORM
$3,000 (part take or full take)
$2,500 (part take)
$2,500 (part take)
$2,500 (part take)
Fixture and Equipment Appraisal
Sub-Total
Loss of Business Goodwill Appraisal
Sub-Total
RJW Acquisition
Parcell:
Parcel 2:
Parcel 3:
Parcel 4:
$3,000
$2,500
$2,500
$2,500
$1,200 (franchisee coordination)
Escrow coordination, condemnation coordination
Sub-Total
TOTAL
Page 15
$10,500
$4,200
$4.500 .
$1,500
$13.400
$34,100
OYfNmR
.
.
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out ofthe operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
9
ACORD~
CERTIFICA.OF LIABILITY INSURA.E DATE7~~M;~~:t
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Venbrook Insurance Services
22801 Venlura Blvd, Third Floor
Woodland Hills, CA 91364
Phone 818.225-6200 Fax 818.225-6210
INSURED
Overland, Pacific & Cutler, Inc.
100 West Broadway
Suite 500
Long Beach, CA 90802
INSURERS AFFORDING COVERAGE
INSURER A' Great American E & 5 Company
INSURER B: The Hartford Insurance Company
INSURER c: Everest National Insurance
INSURER D: Illinois Union Insurance Company
INSURERE: RSUllndemnit Campan
NAIC#
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~~: ~~~; POLlCY NUMBER POLlCY EFFECTIVE POLICY EXPIRATION LIMITS
~rleRAL LiABILITY EJ\CH OCCURRENCE , 1,000,000
X COMMERCIAL GENERAL LIABILITY PL 5574310-01 6/24/2004 6/1/2005 ~~~~i~oE~~~~nCe\ $ 50,000
A I CLAIMS MADE [K] OCCUR MED EXP (Anv one person) $ Excluded
- PERSONAL & ADV INJURY $ 1,000,000
- GENERAL AGGREGATE $ 2,000,000
~'~ AGG~En 11IMIT APnS ~ER: PRODUCTS - COMP/OP AGG $ Excluded
POLICY ~~,Q;. lOC
~OMOBlLE lIABILITY COMBINED SINGLE LIMIT $ 1,000,000
ANY AUTO 72 UECUM6536 6/24/2004 6/24/2005 (Eaaccident)
-
- All OWNED AUTOS BODilY INJURY
B (Per person) $
SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
f-)( (Per accident) $
I-- NON-OWNED AUTOS
r- PROPERTY DAMAGE $
(Per accident)
RGE UAOILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
t!]ESSJUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000
X OCCUR D CLAIMS MADE NHA212256 1/9/?OC4 6/1/2005 $ 1 ,000,000
AGGREGATE
E $
R ,,"uwe ""," ,
RETENTION $ $
WORKERS COMPENSATION AND 3900048305-041 6/1/2004 6/1/2005 X I.WCSTATU- I IOJ6'-
EMPLOYERS' LIABILITY $ 1,000,000
C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? YES E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under $ 1,000,000
SPECIAL PROVISIONS belOW E.L. DISEASE - POLICY LIMIT
gTHER BMI20010437 6/24/2004 6/1/2005 EPL: $1,000,000 - $15,000 Retention
0 mployment Practices Liab & E & 0: $2,000,000 - $50,000 Retention
Errors & Omissions Prof Liab
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PR ,)Ygl) f.;" TO FORM
'10 Days Notice of Cancellation for Non-Payment of Premium'
G4
{~Cl,CJ~r
Ln.:ra Slott Sl..... II -
^Sc.iSla;lt City Alf)r:,Cy
CERTIFICATE HOLDER Additional Insured
City of Santa Ana
Public Works Department
Altn: Taig Higgins
20 Civic Center Plaza
Santa Ana. CA 92701-
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~
J-.-1.
ACORD 25 (2001/08)
e
o e
@ACORD CORPORATION 1988
.
. .
.
.
POLICY NUMBER: PL 5574310-01
POLICY TERM: 06/24/2004 - 06/01/2005
COMMERCIAL GENERAL LIABILITY
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
SCHEDULE
Name of Person or Organization:
City of Santa Ana, its officers, agents, employees, consultants, special counsel &
representatives.
WHO IS AN INSURED (SECTION II) is amended to include as an insured the
person or organization shown in the schedule as an insured but only with respect to
liability arising out of your operations or premises owned by or rented to you.
For: Overland, Pacific & Cutler, Inc.
CG 20 10 11 85
Copyright, Insurance services office Inc. 1984
;:Jj~ (; }!~