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HomeMy WebLinkAbout25B - AGMT - RIGHT-OF-WAY PROJECT MNGT SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 22, 2011 TITLE: AGREEMENT FOR RIGHT-OF-WAY PROJECT MANAGEMENT SERVICES FOR CIP PROJECTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on Is' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement for right- of-way Project Management & Oversight services subject to nonsubstantive changes approved by the City Manager and City Attorney with California Property Specialists, Inc. for an amount not to exceed $250,000. DISCUSSION On October 18, 2010, the City Council authorized the Public Works Agency to release a Request for Proposals (RFP) to qualified consulting firms to provide right-of-way related services for Capital Improvement Projects (CIP). These services will be utilized for the current CIP, including Phases II & III of the Bristol Street Widening and the Grand Avenue Widening Projects. In addition, these firms will augment City staff in the day-to-day oversight of right-of-way tasks such as City owned properties, disposal of surplus properties, deed research, and cost estimates for all Public Works projects. The RFP for the Project Management and Oversight services was sent to eight firms who specialized in this field. A special effort was made to reach out to Santa Ana firms. Five proposals were received and evaluated by personnel from the Public Works Agency, Community Development Agency and the City Attorney's Office. Each firm was rated according to its qualifications, experience, and capacity to perform the required work. Special consideration was made for the local firms, especially in Santa Ana. Following is the list of the firms and their respective scores: California Property Specialists Inc. 90 Paragon Partners 86 HDR 85 Epic Land Solutions 84 CE Prime, Inc. 69 25B-1 Agreement for Right-of-Way Project Management Services For CIP Projects February 22, 2011 Page 2 Based on the ratings and their past experience with the City, staff recommends that the firm of California Property Specialists, Inc. (CPSI) be retained for the Project Management and Oversight for the right-of-way services. CPSI is a Santa Ana based firm that has been assisting the City with right-of-way acquisition of CIP projects for many years. The agreement with this firm will be for a period of one fiscal year or until the funds are exhausted, whichever comes first. The City has an option to renew the agreements for an additional year if the firm is responsive to the City's needs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT These services are on-call and will be used when funds are available in the various CIP projects. APPROVED AS TO FUNDS AND ACCOUNTS: T- Raul Godinez II Executive Director Public Works Agency RG/SA Exhibit: 1. Agreement •T 1 Francisco Gutierrez r_d Executive Director Finance & Management Services Agency 25B-2 PROPERTY MANAGEMENT SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 22°d day of February, 2011, by and between CALIFORNIA PROPERTY SPECIALISTS, INC., a California corporation (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"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of property acquisition management services. B. Consultant represents that it is able and willing to provide such services for Santa Ana. 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 provide services, as set forth in City's Request for Proposals-Right of Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A, and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A-1, and both exhibits incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. Exhibit 1 25B-3 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. 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. The invoice shall include a detailed breakdown of the services provided, the project title, the tasks, the hours, and hourly rates. 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. 4. TERM This Agreement shall commence on March 1, 2011 and terminate on the earlier of February 28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. The City shall have the option to extend the term for an additional one- year period. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 25B-4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. 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 $1,000,000 per claim, and $2,000,000 in the aggregate. 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. 7. 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 death, 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 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this 25B-5 Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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. 9. 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. 10. 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 facsimile 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 facsimile (714) 647-6956 With courtesy copies to: and Public Works - Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) 25B-6 P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: California Property Specialists, Inc. 600 W. Santa Ana Blvd., Ste. 115 Santa Ana, California 92701 Attn: Kent Jorgensen 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 facsimile, 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. 11. 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. 12. 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. 13. 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 25B-7 for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. 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. 16. 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. 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25B-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney CALIFORNIA PROPERTY SPECIALISTS, INC. By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - PWA KENTJORGENSEN Principal Tax ID# 25B-9 25B-10 Exhibit A SCOPE OF WORK GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Qualifications (RFQ). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Real estate appraisers provided by the Consultant must be certified and a Member of the Appraisal Institute. • All acquisition agents and property managers, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its sub-consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents should be maintained and bound in appropriate project files. 25B-11 • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspections by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. Specific Scope of Work for Proiect Management Services includes: In general Project management and oversight services include assistant to the Deputy City Engineer and the staff that oversee the right-of-way & real estate program. The successful firm will not be selected for any other real estate services. Following is the list of some but not all the tasks involved: • Administration of all other right-of-way related consultant contracts • Establishment of right of way requirements for road widening projects • Review accuracy of Right of way mapping and legal descriptions • Review Title reports and identify pertinent information • Review and comment on Real estate appraisals • Review and comment on Fixtures and equipment appraisals • Review and comment on Loss of business goodwill appraisals • Review and comment on Environmental studies • Review and comment on Acquisition tasks such as offer packages • Monitor negotiations done by other consultants • Review Relocation plan and monitor status of relocation and eviction efforts. • Monitor condition of City property and provide property management services • Prepare documentation for administrative settlements • Provide Condemnation support • Monitor Demolition activities • Prepare documentation for Right of way disposition • Attend meetings and present progress status reports to City staff • Manage sales activities on City owned property including: o Set-up procedure to sell surplus property o Assemblage of smaller parcels into marketable units o Market for sale properties via traditional and non-traditional methods 25B-12 EXHIBIT A-1 CONSULTANT'S PROPOSAL 25B-13 PROJECT TASKS AND DEIAVERA L S This section presents CPSI's understanding of the potential project assignment and our approach to accomplish the scope of services. These procedures assure that the services provided will produce a successful project In accordance with appropriate rules and -regulations. The Public Works Agency of the City of Santa Ana requires the services of a profes- sional consultant to provide project management services for planned road widening 4.. and intersection projects. CPSI's approach to completing the assignment will be to iknA partner with the Public Works Department and its staff to gather all the necessary information to ensure a successful completion to any and all assigned tasks. Our per- sonnel's past experience in handling acquisition, relocation and property management for the Public Works Department of Santa Ana will ensure successful completion of future projects. rsr CPSI"S DIRECT APPROACI:-1 .y M Although CPSI's team members will always abide by our clients authorized Scope of bo Work, we are also trained to be cognizant of each client's project goals and what it "" takes to achieve them. The City's direct contact for Project Management Services will I be Mr. Kent Jorgensen. We anticipate the project management service to include the work assignments listed on the "'Project Management Scope of Services" Document on the following pages. OM MU M% an @a Ire 25B-14 20 an. bw 'i a.a R S'1 a? kM PROJE T MANAGEMENT SCOPE OF SERVICES 1.0 GENERAL TASK NO. 1.1 PROJECT LOCATION AND PURPOSE This Scope of Services addresses project management and related services for right of way activities for the continuation of the Bristol Street Widening Project, Grand Avenue Widening, as well as various other activities. 1.2 GENERAL DESCRIPTION OF SERVICES For the purposes of responding to the Request For Proposal for project management services, California Property Specialists, Inc. (CPSI) will provide right of way services under the direction of City staff. These professionals will be responsive and maintain excellent working relationship with the public, City staff and the City's consultants. CPSI will provide professional right of way services including coordination of apprais- al, title, Phase II, acquisitions services, relocation assistance, and property manage- ment activities. CPSI also recommends that the Project Management Team complete Title Review Reports, prepare all acquisition and relocation packages, and perform the complex and/or unresolved acquisition and relocation activities on the full acquisi- tion commercial properties. This may also include but not limited to, coordinating a Phase I and II ESA's, providing acquisition services, procuring settlements and facili- tating closings, preparing condemnation case information, providing depositions and testimony in a court of law, providing business and residential relocation assistance, coordination of demolition bid package and demolition project oversight. 2.0 PROJECT COORDINATION AND MANAGEMENT 2.1 Meetings - Attend meetings with the City. Meeting minutes, agendas and reports will be provided when directed by the City. 2.2 Status Reports - Provide and maintain a title, appraisal, acquisition, reloca- tion and property management status reports for all project personnel to access. 2.3 Sub Consultant Management - Provide management and coordination of 25B-15 2I services for all consultants. 2.4 Escrow Coordination - Provide coordination services with the escrow company, including ordering Preliminary Title Reports, Litigation Guarantees, if required, opening escrows, facilitating escrows for both acquisition of the subject property and replacement property. 2.5 Schedules - Prepare and provide to the City project schedules as needed. 2.6 QA/QC Management -Provide Quality Control Management for all areas-of the project, including coordinating efforts with the City to ensure a successful and compliant project. 2.7 Project Close Out - Provide services required to finalize and close out the project accord- ing to appropriate City, State and Federal regulations. v.. 3.0 TITLE AND WATER RIGHTS SERVICES p- TASK NP, 3.1 Preliminary Title Reports - Order and monitor completion of Preliminary Title Reports and receipt of supporting documents. Title reports produced for each parcel will at a minimum establish legal owners and all valid liens, encumbrances and easements of record. A Title Report Summary will be completed by the Project Management Staff and with a copy distributed to the City file, acquisition consultant and City Attorney's office. ba 3.2 Litigation Guarantees - Order as directed by the City Attorney's office Litigation Guar- ' antees identifying the legal owners and all interests affected in the proposed litigation. Copies of the report will be placed in the City file and copy distributed to the City Attorney's office. a 4.0 PHASE I AND II ESA AND DEMOLITION ASBESTOS SURVEY on TASK NO. En 4.1 Phase I Environmental Site Assessment Survey - A Phase I study has been per- r, formed in compliance with the standard practices of the American Society for Testing and Materi- als (ASTM) Phase I ESA Process (Standard: E 1527-00). Monitor to see that: reasonable attempts 03 are made to interview the existing and former owners of the properties; a visual survey of the site and adjacent sites were made; a reasonable attempt was made to contact local government r,3 officials regarding conditions in connection with the property; a review site/area land use history; M Ws 25B-16 22 a review site area geology and subsurface/surface potential for pollutant transport from public sources. A report containing results of inspections and interviews, site characteristics, record and historical review information and potential contamination issue, and conclusions and recommen- dations for any work required. Copies to be distributed to City file, City Attorney, and Property Management consultant, if required, on site. 4.2 Phase II Environmental Site Assessment Survey - Review with City staff the Phase II ESA to determine the need for a Phase II ESA Survey. If necessary, coordinate the completion of a Phase II ESA. Upon receipt of the Phase II report, prepare recommendation for an additional environmental analysis. Distribute the Environmental Site Report and written recommendations to City staff and City Attorney's office. L,. 4.3 Demolition Asbestos & Follow Up Surveys -- Coordinate or assist the Property Man- agement consultant with the coordination and completion of asbestos and lead surveys. Coordi- nate distribution of these reports to applicable consultants. Perform follow-up inspections before the beginning of the demolition process. 5.0 PUBLIC MEETINGS w TASK NO. a" 5.1 Public Information Hearing - Facilitate and/or conduct Public Meetings as required by City .a to address acquisition, relocation and related issues. 6.0 APPRAISAL to 6.1 Facilitate - distribution of appraisal assignments including appraisal reviews using the t°d City's approved list of qualified appraisers. Obtain fee proposals for given assignments. L`a FJ ^1 tx S k'[>i f=1 Z•.:f 25B-17 23 6.2 Coordinate - meeting with the selected appraiser and review appraiser to review and discuss USPAP, Uniform Act, and California Code of Regulations, and Title 25 require- ments. Coordinate with City staff and City Attorney's office the type of reports required and the required written notice of inspection 'to the owner. In all cases a complete ap- praisal Is required. The format and level of documentation for an appraisal report depend on the complexity of the appraisal problem. Complex property assignments are to be reported in a self-contained, narrative format. A summary report in conformance with USPAP Standards Rule 2-2(b) is permitted in cases, which, by virtue of their low value or simplicity, do not require the In-depth analysis and presentation necessary in a self- contained appraisal report. A summary report may be acceptable on complex property assignments on a case-by-case basis as determined by the City. r-+ 6.3 Complete Appraisal Summary Statements - Obtain appraisals for each ac- quisition prepared in accordance with the State of California Laws and USPAP, date stamp, record information and properly disperse reports. Review appraisal report and prepare an Appraisal Summary Statement, in accordance with the applicable regulations, including Assembly Bill 237, These Appraisal Summary Statements will be utilized as part a.. of the "Offer Letter." 6.4 Tenant-Owned Improvements - Coordinate and review completeness and accuracy of fixtures and equipment appraisals. During the initial appraisal process, coor- dinate with fee appraiser, FF&E appraiser, fee owner and tenant identification and owner- ship of tenant-owed improvements, if necessary Specialty Appraisals shall be ordered, ?a and a copy submitted to the appraiser & review appraiser for inclusion In the appraisal and appraisal review analysis. zi em 7.0 APPRAISAL REVIEW- ESTABLISHMENT OF JUST COMPENSATION 4" m TASK NO. 7.1 Appraisal Review - If federal funding Is involved with a specific project assign- t" ment, coordinate and obtain reviews of the appraisals referenced above in accordance °- with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable Federal Laws, State of California Laws, Public Law 91-646, Title III, and USPAP. t1_4 25B-18 24 7.2 Just Compensation Coordination - Upon completion of the appraisal and appraisal review, the completed reports will be submitted to the City for review of the establishment of Just Compensation. 8.0 ACQUISITION/SETTLEMENTS & CLOSINGS/PREPARATION FOR CONDEMNATION TASK NO. 8.1 Parcel Files - Establish and maintain an accurate and complete working file for each parcel in a format approved by the City. 8.2 Subsequent Review Title Reports - Before the "Offer Package" is prepared, complete a second review of County Assessors information and title reports, paying particular attention to ownership and easement lien, and encumbrances. 8.3 Review Right of Way Drawings - Review project plans becoming familiar with the proj- ect and its impact on the various properties. Verify information on the project plans; correspond to the legal descriptions, plants and information contained in the appraisal reports. by 8.4 Offer Package - Prepare "Offer Package" in accordance with City approved format. At M! minimum, the "Offer Package" will include a receipt form (listing contents of Offer Package) and ?. present the written offer letter to the property owner, along with the appraisal summary statement, acquisition brochure, Title VI information, Tenant Information Statement, Language Translation form. Before distribution to the acquisition agent, the complete Offer Package will be submitted to the City Attorney's office for approval. 8.5 Acquisition/ Negotiations Parcels - Distribute to consultants in accordance with City ?. staff directives. Coordinate and track communications, negotiation progress and consultant suc- cess, via an approved tracking report. Offers to out of area owners will be mailed Certified Return Receipt Requested. On complex and unresolved cases, assist acquisition group in case resolution to accommodate project parameters. ?y CS+. C a1 c:a `SS t?' 25B-19 25 tin as go me bX4 taa f.% EW 4, 8.6 Administrative Settlement Proposal Recommendations - For unre- solved cases, review and provide a written recommendation together with support documentation on all counter proposals submitted by the property owners to the City for review and approval/disapproval. 8.7 City/Owner Liaison - Provide liaison duties between the City, other consul- tants and property owners. 8.8 Contact Documentation - Thoroughly document all contacts with the prop- erty owner and/or their representative indicating attendees, time and place of meet- ings. Documentation will include thorough diaries and copies of all correspondence and emalls. Diaries should be updated immediately after each contact, if possible, and retained in the permanent acquisition file. 8.9 Close Out Acquisition Pile - Close out file, provide final reports and deliver complete files to the City upon completion of the project assignment. 9.0 RELOCATION ASSISTANCE TASK NO, 9.1 Residential Relocation Packages - Prepare "Relocation Packages" in ac- cordance with the City approved format. At minimum, "Relocation Package" will in- clude a receipt form (listing contents of Relocation Package), General Information Notice, Relocation Brochure, Title VI Information, Certificate of Occupancy State- ment, and Language Translation Statement. Before distribution to the acquisition agent, the complete Offer Package will be submitted to the City Attorney's office for approval. 9.2 Purchase Price Differential or Rental Assistance Payment Entitle- ment - Review entitlement packages submitted to the City for approval, in ac- cordance with applicable rules and regulations. This will include but not limited to market data, selection of most comparable properties, completion of necessary data forms and of entitlements. The Oversight Team will coordinate approval of the relo- cation assistance entitlements and document the file accordingly. 26 25B-20 4 r?w. b1W om% a? fw ow aor c? 9.3 Moving Options - Upon submission by consultant, review requested moving entitlements based on room count or if necessary, submitted moving bid estimates. When required, provide guidance to the Relocation Consultant regarding the selection of a moving option, prepared moving agreement, obtain signatures, if required, and monitor move. 9.4 General Eligibility Notices- Prepare and issue all General Eligibility Notices to potential relocatees advising them of their potential relocation and eligibility for benefits. 9.3 Notices - Prepare and deliver entitlement letters, notices, including the Gen- eral Information Notice, 90 and 30-Day Letters. 9.6 Relocation Advisory Assistance - For complex business relocation cases, provide relocation advisory assistance from the initiation through completion stag- es. Advisory services consist of providing housing referrals, determining relocation needs, explaining benefits, performing housing inspections, providing transportation as needed to displacees searching for replacement housing, providing counseling or advising of other sources of assistance that may be available. 9.7 First Level Appeals - Coordinate and handle first level appeals, if required. 9.8 Relocation Payment Packages - Review claim forms and relocation payment packages with reference to the appropriate regulation, to ensure proper documentation to for audit and payment, 9.9 Close Out Relocation Files - Close out file, provide final reports and deliver complete files to the City upon completion of the work assignment. 10.0 DEMOLITION BID PACKAGE PREPARATION When required and approved by the City, CP5I and/or sub-consultant shall perform the following services related to management of demolition activities: Assist the City In the advertisement for procurement of and administration of demolition contracts in accordance with the City's policies and procedures for competitive bidding. 25B-21 27 ?. rate specification bid packages that abatement and demolition contractors can use to provide a detailed cost estimate. This work will include site meetings with the contractors fro the bid pro- I- cess, job walk, and the preparation of an addendum for clarification of any question in regards to !fN specification changes if required. 4" 10.3 Asbestos Abatement Monitoring & Visual Clearances - Monitoring of the project -6u ,- during the abatement process. Provide all documentation collected during the process and provide .W visual inspections of all regulated areas prior to the demolition process. Air Quality Clearances will not be recommended as long as all units are sealed following abatement and signage remains in place during the demolition process. If materials are allowed to be salvaged, full air.quality clear- ances will be required for each regulated area after abatement. 10.4 Demolition Supervision & Coordination -Provide adequate field supervision of demoli- Sao tion activities to ensure compliance with all City policies and procedures as well as all terms of the ® demolition contract. Perimeter air monitoring will be required during the demolition process the first day, if the removal of ACM's is necessary and final air quality clearances are not conducted. t 11.0 ESCROW COORDINATION L", Task No. 11.1 Monitor Escrows -- Coordinate with title companies and open escrows on all purchases. Monitor escrows, review all escrow documents, request funds from City and ensure that the City receives title insurance policies in the amount of the purchase cost of the land and improvements and clear title to all properties acquired. 11.2 Partial Acquisition -- Special attention will be given on partial acquisitions, due to the 1.w difficulty in obtaining partial release documents on a timely basis. At the City's option, the Project 28 25B-22 Management Team will complete the entire escrow and work directly with the title company to obtain the necessary Title Policy. 12.0 PROPERTY MANAGEMENT OVERSY'OHT Task No. 12.1 Status Reports - Provide or coordinate, with property management consultant, bi- monthly Status Reports showing critical milestones. 12.2 Sub Consultants Management - Provide management and coordination of property management services with City and other consultants. 12.3 Monitor and Control Budget Expenditures - Prepare, monitor and track project budget expenditures and assist the City with Funding reimbursements. x? r'a 5m CPSI Created a plan to allow this medical center to remain open for business during the Bristol St. Widening project by using a ren- .. ment parcel. t? Ptf 6 ua {. A t oreaa.....?.r.w+IC??ev? V4 tb cce Lm iT» to 29 25B-23 TABLE RESOURCE CHART ORGANIYATIONAL CHART CPSI pledges that we will not remove or change any member of the Santa Ana/CPSI orga- nizational chart without the prior consent of the City. 4+ a Vj I!A -: 3 PROJECT MANAGEMENT somm c?qr of marts Al D"* M? Engines Not dVftf Tkhrdem 25B-24 16 EXHIBIT B FEE SCHEDULE 25B-25 ?14Y' rfLiFST? R. P O S A L `. Cruel t CPSI is submitting the proposed pricing to provide the services for each work task described in the City's RFP, Attachment 1, Scope of Work. E i Right of Way Consulting and Related Services PRICE SUMMARY SHEET SCHEDULE I -- HOURLY RATES Name Job Title/Classifi- Job Function Fully Burdened cation Hourly Rate'' Kent Jorgensen Project Manager Project Mana er $125.00 Jackie Martinez Right of Way Right of Way $75.00 Technician Tasks *"Fully Burdened" Rates include all overhead, general costs, administra- tion costs and profit. Below, please find our list of key personnel and their job functions (City's Exhibit A). f- tw an r? am e? tm rA 25B-26 30