HomeMy WebLinkAboutREAL ESTATE CONSULTING 1 - 2006
INSURANCE Nor ON rilE
WORK MAY IiQl PROCEED
CLERK OF COUNCIL
DATE: Cc -;1.5.-0 to
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(IW~ THIS AGREEMENT, made and entered into this 6th day of March, 2006 by and between
Real Estate Consulting & Services, Inc., a California limited liability company (hereinafter
"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 (hereinafter "City").
A-2006-049
CONSUL T ANT AGREEMENT
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing property management services.
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:
L SCOPE OF SERVICES
Consultant shall perform those services as set forth in City's Request for Qualifications
for Property Management Services, incorporated in this Agreement by reference, and
Consultant's Proposal dated, February 13,2006, attached as 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 B. The total sum to be expended under this
Agreement shall not exceed $150,000.00 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
expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below.
4. 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, ajoint 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. 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 of this 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 C 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
of the 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. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $ I ,000,000 per claim.
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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
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.
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
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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 of the 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
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
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To Consultant:
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Paul . Strader
Real Estate Consulting & Services, Inc.
635 E. First Street #418
Tustin, California 92780
Telefacsimile (714) 542-4656
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 telefacsimile, 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.
II. 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.
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:
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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 ofrace, 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 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 its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
Consultant shall carry out all services pursuant to this Agreement in substantial
conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and
decrees of the United States, the State of California, the County of Orange, the City and any
other political subdivision, agency or instrumentality exercising jurisdiction, including all
applicable federal, state and local occupation, safety and health laws, rules, regulations and
standards, applicable state and federal labor standards, prevailing wage requirements, City
zoning and development standards, City permits and approvals, building, plumbing, mechanical
and electrical codes, as they may apply, and any all other provisions of the City and its
Municipal Code (as they may apply), and all applicable disabled and handicapped access
requirements, including, without limitation the Americans With Disabilities Act, 42 U.S.c.
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912101 et seq., Government Code 94450 et seq., and the Unruh Civil Rights Act, Civil Code 951
et seq..
17. 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
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:
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tJ'P A TRICIA E. HEALY
Clerk of the Council
C1TY/}~g.
DAVI~jlt
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: ~CUvtu ~st. 007
Lau Sheedy
Assistant City Attorney
REAL ESTATE
CONSU ING & SERVICES, INC.
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February 12, 2006
Mr. James G. Ross
Executive Director
City of Santa Ana
Public Works Agency
20 Civic Center Plaza M-36, 1 sl Floor
Santa Ana, California 92701
ATTN: Ms. Souri Amirani
SUBJECT: REQUEST FOR QUALIFICATIONS (RFQ)-PROPERTY
MANAGEMENT SERVICES-BRISTOL STREET PHASE I
Dear Mr. Ross:
It is our pleasure to respond to your request for Property Management Qualifications for phase I
of the Bristol Street Widening Project in the City of Santa Ana.
We hope after reviewing of our response you will acknowledge our strength and experience in
managing properties and programs similar to that set forth in the RFQ.
Real Estate Consulting & Services, fuc:' will be providing management services as the prime
contractor with the assistance of several sub-contractors. The sub-contractors are listed in the
proposal that follows. We acknowledge receipt and review of the RFQ and the subsequent letter
dated February 1, 2006 for Property Management Services for the Bristol Street widening project
between McFadden and Pine Street dated January 25,2006.
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We appreciate the opportunity to propose our services and look forward to working with you and
your staff.
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Paul B. Strader, RP A
President
EXHIBIT A
INTRODUCTION
Real Estate Consulting & Services, Inc. (REC&S) is a diverse full service real estate firm
that can successfully provide comprehensive property management services to the public
and private sector clients. With our vast experience, roles and responsibilities can be
adjusted to meet any need or situation that might occur in various widening and other
public improvement projects where responsiveness and flexibility are vitally important.
Our approach to managing any project is to maintain excellent working relationships with
property owners, tenants, and City staff. In addition to comprehensive property
management and field maintenance services, REC&S can manage third party
environmental, legal, and demolition service providers according to project requirements.
Our past experience with very similar projects with Los Angeles Unified School district
(LAUSD), Los Angeles World Airports (LAWA), City of Los Angeles, Orange County
Transportation Authority (OCTA), Overland, Pacific & Cutler (OPC), and many other
clients uniquely qualifies REC&S to be selected for interim property management
services. REC&S has developed reporting systems, collection/delinquency procedures,
owner/tenant communication policies, work order implementation systems, and vendor
coordination that have set the standard in the industry. Our relationship with past clients,
both private and governmental, is unequalled because of our work ethic and performance.
The principles and management staff have more than 75 years of combined of Property
Management and Consulting experience having managed over 110 homeowners
associations, 15,500,000 sq ft of office/industrial space, 2,500,000 sq ft of retail space,
and 17,500 residential units with asset value in excess of $350,000,000.00. Our staff
offers to the City of Santa Ana the most coveted professionlil designations awarded in the
property management industry that of Certified Property Manager (CPM) and Real
Property Administrator (RP A) conferred by the Institute of Real Estate Management
(IREM) and Building Owners and Managers (BOMA), respectively. We currently have
two CPMs, one CPM candidate, and one RPA on staff. We also offer California Real
Estate Licenses and a Class "B" general Contractor's License. We are also a California
Certified Small Business, Certificate # 38889.
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The accounting for the program will be directed by the REC&S Project Manager and
provided by the REC&S in-house staff. REC&S provides all financial management
including Senior Accountant and Accounts Receivable/Payable personnel to process all
of the tenant and property invoices, property payables and monthly financial reports.
Maintenance services will be provided and managed by the REC&S staff. Sub-
contractors will be used when necessary and selected based on their qualifications and
work experience. At this time, we expect to have at least eight (8) sub-contractors
working on the project. We anticipate the following partial list of subcontractors will be
required within the program: Roofer, Pre-close of Escrow Inspectors, LawnlDebris
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Maintenance, PlumberlMechanical, Electrician, Pest Control, Security, and Trash
Removal.
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The members of the team will include one project manager, two property assistants and
staff accounting personnel. These team members will be direct employees of REC&S.
Additional administrative compliance and database support will be provided corporate
office staff. At this writing, REC&S has 16 employees with a variety of experiences.
These include property managers, property assistants, project construction/demolition
managers, and maintenance and clearing staff. Five members of the team are bilingual
Spanish speakers. As outlined above, we are also a California Certified Small Business.
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Our corporate management philosophy is to provide the same service as if the property
was our own. We do nothing without first analyzing cost and result. Our motto, "Those
who fail to plan, plan to fail" is ingrained in every thing we do. Our plan is to deliver the
best in class service for City of Santa Ana. Our company team assembled in the RFQ
response has measurable large project and agency experience. With this team and this
amount of experience, we can be assured of a successful outcome for City of Santa Ana.
A. STATEMENT SUGGESTED CHANGES OR CONCERNS
In our initial review of the scope of work contained in this RFQ, we can attest that the
requirements are very similar other projects with which we have been involved. The
items presented below align with the scope of work and we hope the suggestions will be
considered helpful as well as a testament to the value REC&S can bring to this program.
Regarding rental agreements, REC&S uses and can prepare an industry accepted rental
agreement. More important than the rental agreement is acquiring a fully executed
estoppel agreement signed from every occupant tenant prior to the close of escrow. This
should be done during the escrow period and can be performed by current owner.
REC&S can provide the City with an acceptable form. The estoppel should be compared
against the rent roll for accuracy. This document will establish prior to close the facts
pertaining to the term of the lease, rental rate, security deposits on hand and any other
valuable details that will be needed in the future as tenants vacate. Discrepancies should
be discussed with the seller and resolved prior to the close of escrow. We recommend
that a lease be used in each event of tenancy. This would include assuming leases in
place for existing long term tenants or for tenancies that develop from owner occupied
properties.
Collection of monthly rentals is important for all parties involved. The rent received can
be used to defray program costs and the tenants that pay rent maintain a responsibility for
their tenancy to the owner of the property. REC&S has set up procedures for
delinquencies and collections. One of the keys to a successful property management
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function is how timely a collection policy is implemented and administered. Rental
policy and payment obligations are clearly established up front with no misunderstanding
of when rent is late. By the third day of the month late notices go out. On the fifteenth
day of the month a delinquency report is generated. As soon as possible thereafter, our
project manager will sit down with the City to review tenant delinquencies. After this
meeting we will follow through on the agreed upon next steps. Tenant balances are
updated daily. At vacancy, we perform a final accounting. This information is transferred
to the relocation firm who could deduct the arrearage from the benefits.
It is necessary to maintain a standard, safe, and sanitary condition on the project
properties. This starts with a Pre-Close of Escrow inspection (PCOE). We recommend
these inspections be performed on every property in an effort to make the City aware of
unsafe conditions that would expose the City and REC&S to urmecessary liability. We
have developed a policy, procedure, and format for this inspection to make our clients
aware of exposures. Upon discovery of liability exposures, REC&S would recommend a
better method for acquisition that would limit liability while accomplishing the goal of
acquisition and relocation. To continually maintain standard, safe, and sanitary
conditions for the project properties, we would also provide regular monthly inspections,
a minimum of two per month where habitability and safety are the biggest concerns.
We will promptly address tenant complaints, concerns, and emergencies that may arise.
We employ a 24/7 bilingual (Spanish speaking) call center. Our response times vary
based on the type of call. Our call center can dispatch REC&S staff as well as our pre-
approved vendors to the project site. Our work order system tracks all calls from tenants.
This removes the possibility of tenants making unfounded claims for non-responded calls
or services provided to any City acquired property. This system helps minimize liability
exposure to ,the City by documenting activity on each property. We can set the systetp up
to provide services based on the contract requirements established by the City. This
would include all vendor activity that is contracted or ordered as a result of the contract
between REC&S and the City. Monthly reports can be provided as well as on demand
individual unit reports.
A standard operating procedure for REC&S is to provide any notice desired by our
clients. We will also advise our clients if certain notices are inappropriate or potentially
damaging. Notices we have prepared on the behalf of our clients include but are not
limited to Notices of Abandonment, Change of Ownership, Notice of Default, Notice to
Quit, and Eviction.
At the time of vacancy we recommend a member of our staff meet with the relocation
agent at the property. There are several important steps that must take place during this
meeting. These would include, collection of key, lock changing, property clean up,
occupant abandonment of personal items to name a few.
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As a government agency your activities are always in view of the public. REC&S will
provide and maintain standard accounting and reporting procedures that set the industry
standard. Our reporting is accurate and informative and, our record keeping is
established to be reviewed or audited without prior notice.
REC&S provides utility disconnection and meter removal services as a standard
operating procedure that takes place at the appropriate time in the life cycle of the
property. As part of our responsibility we establish valuable relationships with key
contacts at the utility companies. This assures timely disconnect and removal of services
to the right property.
Based on the City's desires, board-up and other security services can be provided by
REC&S as the properties become vacant. We have experience with this process and the
timing is important. We have our own board up crews and we have successful
relationships with fence and security subcontractors.
Subject to the City's procedures we can have the utilities switched at the close of escrow
and coordinate utility payments as appropriate. This is a standard operating procedure for
our frrm. All paid invoices can be provided in a monthly financial report.
DEMOLITION COORDINATION
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It is well within our scope of work and experience to coordinate, provide third party bids,
and expedite all demolition work required. Further, we have a Class "B" General
Contractor's License on staff with detailed knowledge of applicable laws and regulations.
As a result, we could also offer a bid to perform the demolition work with our own crews.
STATEMENT OF WORK
REC&S has thoroughly read and is familiar with the statement of work provided in the
request for qualifrcation. We are prepared to proceed.
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B. Organizational Chart
Inspectors
Senior Maintenance Technician
General Maintenance
Jon/tariQ/StaH
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Plumbers
Electricians
Security Service
Debris Removal
Graffiti Control
Rented Fence
Legond
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ESTABLlSIllNG OF FEES
Our proposed fee scheduled is attached as Exhibit A for review and consideration.
INSURANCE REQUIREMENTS
We have reviewed the insurance requirements and we are prepared to meet those
requirements.
PROFESSIONAL SERVICS AGREEMENT
We reviewed the professional service agreement and are prepared to execute the
agreement as presented.
COORDINATION
We understand and accept that coordination with the City, other agencies, and consultants
might need to take place and that coordination might be performed by REC&S through
the City or is project manager.
PROJECT PROGRESS
We are prepared to meet with the city project team at any time during the term of the
project to review the status of any and all phases of the project.
C. RECENT RELATED EXPERIENCE
Los Angeles World Airport
Provide property management, accounting, maintenance, and monthly reporting services.
We currently serve as property manager for the Sound Mitigation Voluntary Acquisition
Program. We have set up and operate a 24/7 call center and work order system to track all
customer calls and maintenance related activity. Scope of work includes tracking tenant
rents, monthly fInancial reporting, vacancy verifIcation, lock changes, board up, graffIti
removal, debris removal, gardening, general maintenance, tenant final accounting post
vacancy, security deposit tracking, forfeiture and refunds, trust account control
maintenance and reconciliations. The project contract was for one year with two, one
year renewals. The project started February 1, 2005 and has recently been renewed until
January 31, 2007. The approved value of the project in year one was $1.9 rnillion and
the approved value of the project for year two is $2.1 million.
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ExhibitB.
Proposed Fee and Rate Matrix - Property Management Fee
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Billing Rate Breakdown Sheet
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Percent
PositionlTitle Billing Rate Availability
Principal $145.00 50.00%
Propertv Manaaer $79.42 30.00%
Assistant ProperlY Manaaer $59.00 30.00%
Propertv Assistant $49.00 30.00%
Senior Propertv Accountant $103.25 50.00%
Property Accounts Payable/Receivable $46.50 50.00%
Project Manager
Construction/Demolition $76.25 50.00%
Property Inspectors $51.00 As needed
Senior Maintenance Technician $59.75 As needed
General Maintenance & Janitorial Staff $49.50 As needed
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Th{Fee Schedule includes all office overhead, including phones, cellub.. phones,
vehicles, mileage, and other direct and indirect costs
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EXHIBIT C
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 9270 I; 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 of the 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 ofliability. 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
8
l ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID E9 DATE (MM/DDlYYYY)
REALE-1 08/03/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bolton & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CA License #0008309 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
245 S. Los Robles Ave, Ste 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pasadena CA 91101
Phone: 626-799-7000 Fax: 626-441-3233 INSURERS AFFORDING COVERAGE NAIC#
INSURED .. A - d-.OOlr O'fLt
INSURER A: NIC Insurance ComDanv
INSURER B: Nat'l Union Fire Ins Co of PA
Real Estate Consulting & INSURER c:
Services, lnc
635 E. F~rst Street, #418 INSURER 0:
Tustin CA 92780
INSURER E:
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.
~W~~ TYPE OF INSURANCE POLICY NUMBER PDl}..lf~rJ~fJ6,w;E P8k~1Yf~~b~J!,~N LIMITS
~NERAL LIABILITY ~~H OCCURRENCE .1,000,000
A X X COMMERCIAL GENERAL LIABILITY SF06CGLOO087300 02/01/06 02/01/07 MAG e' .50,000
PREMISES (Ea occurence
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .5,000
,
- PERSONAL & ADV INJURY .1,000,000
--.
- GENERAL AGGREGATE .2,000,000
~'L AGG~EnELlMIT APPLIES PER: PRODUCTS-COM~OPAGG . EXCLUDED
PRO- n
POLICY JECT LaC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
C- $
ANY AUTO (Eaaccident)
C-
C- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
1--
HIRED AUTOS BODILY INJURY
C- $
NON-OWNED AUTOS (Per accident)
C-
C- PROPERTY DAMAGE $
{Per accident)
RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
O~SS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE i5 '/
/ ~,J, AGGREGATE $
"~ 'I' $
~ DEDUCTIBLE V~ /", $
RETENTION $ / $
WORKERS COMPENSATION AND '. I ToR'l L(MFrs I IOJ~'
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
~~~21~tS~~ov~s1o~s below E.L. DISEASE - POLICY LIMIT $
OTHER
B Professional 6255043 01/02/06 01/02/07 Each Act 1,000,000
Liabi1itv Aggregate 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
*Except 10 day notice for non-payment of premium.
Certificate holder is named additional insured per blanket form #ANF-ES 043
9/2003 attached.
*Supercedes certificate dated 07/14/06.
City of Santa Ana
Clerk of the City Council
PO Box 1988
Santa Ana CA 92703-1988
CANCELLATION
CITYOFl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN
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.
ZED REPRW~IV.
@ACORD CORPORATION 198
CERTIFICATE HOLDER
ACORD 25 (2001/08)
BLANKET ADDITIONAL INSUREDS-
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL liABiliTY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization that the named insured is obligated by virtue of a written contract or agreement to
provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days
of the inception of the contract or agreement, or the inception of this policy. whichever is later.
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
A. Section 11- Who Is An Insured is amended to include as an insured the person
or organization shown in the Schedule, but only to the extent that the person or
organization shown in the Schedule is held liable for your acts or omissions
arising out of your ongoing operations performed for that insured.
B. W~h respect to the insurance afforded to these add~ional insureds, the following
exclusion is added:
2. Exclusions
This insurance does not apply to "bodily injury" or "property damage"
occu rring after:
(1) All work, including materials, parts or equipment furnished in
connection w~h such work, on the project (other than service.
maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the s~e of the covered operations has been
completed; or
(2) That portion of "your work" out of which the injury or damage arises has
been put to its intended use by any person or organization other than
another contractor or subcontractor engaged in performing operations
for a principal as a part of the same project.
C. The words "you" and "your" refer to the Named Insured shown in the
Declarations.
D. ''Your work" means work or operations performed by you or on your behalf; and
materials, parts or equipment furnished in connection w~h such work or
o peratio ns.
ANF-ES 043 (9/2003)
Y36/..
._/(j 2/2-
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