HomeMy WebLinkAbout25I - RIGHT-OF-WAY SRVS FOR CIPREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 7, 2011
TITLE:
AGREEMENT WITH OVERLAND
PACIFIC CUTLER AND PARAGON
PARTNERS FOR RIGHT-OF-WAY
ACQUISITION, RELOCATION AND
PROPERTY MANAGEMENT
SERVICES
f
-? CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" 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 agreements for
acquisition, relocation and property management right-of-way services subject to nonsubstantive
changes approved by the City Manager and City Attorney with Overland Pacific Cutler and
Paragon Partners for Acquisition, Relocation, & Property Management for an aggregate amount
not to exceed $500,000
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 acquisition, relocation and property management services was sent to ten firms
who specialized in this field. A special effort was made to reach out to Santa Ana firms. Six
proposals were received including one from a Santa Ana firm. Proposals were 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:
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Agreement for Right-of-Way
For Acquisition, Relocation and
Property Management Services
March 7, 2011
Page 2
Overland Pacific Cutler 91
Paragon Partners 90
California Property Specialists Inc. 88
HDR 83
Epic Land Solutions 82
Security Land & Right 74
Based on the ratings and their past experience with the City, staff recommends that the firms of
Overland Pacific Cutler and Paragon Partners be retained for acquisition, relocation and property
management right-of-way services. Both Paragon Partners and Overland Pacific Cutler have
been assisting the City with right-of-way acquisition of CIP projects in the past and they have
good track records. The agreement with the firms 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:
Raul Godinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/SA
Exhibit: 1. Agreements
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PROPERTY ACQUISITION, RELOCATION &
MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 7`h day of March, 2011, by and between
OVERLAND, PACIFIC & CUTLER, 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, relocation and 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 City's
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.
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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 on all consultants providing property management services shall not
exceed an aggregate of $500,000, 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 later 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.
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b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 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
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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)
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P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Overland, Pacific & Cutler
20 Fairbanks, Suite 17B
Irvine, California 92618
facsimile (949) 951-6651
Attn: Michele Folk
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
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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.
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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
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
DAVID N. REAM
City Manager
OVERLAND, PACIFIC &
CUTLER, INC.
By:
LauraSheedy
Assistant City Attorney
MICHELE FOLK
Vice President/ Principal
Tax ID#
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
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EXHIBIT
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.
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• 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.
• The Consultant shall complete work under the direction of City staff. The
Consultant will be expected to provide experienced and knowledgeable
professional staff which will be responsive and maintain excellent working
relationships with property owners, tenants, and City staff. The Consultant shall
be committed to provide adequate staffing levels at all times in order to adhere to
established schedules. The Consultant shall be knowledgeable and very familiar
with federal, state and local regulations, policies and procedures as pertain to the
right of way services provided.
Specific Scope of Work for Acquisition Relocation and Property Management Services
include:
ACQUISITION SERVICES:
Assist City staff with the coordination of all the various aspects of the real property
acquisition process, ensuring all work will be performed in accordance with the public
agency's policies and procedures and federal, state and local regulations.
Acquisition tasks may include:
• Meet with City staff to discuss assignments and procedures.
• Perform the services required by the City with qualified personnel, equipment,
materials, supplies, and management and administration services.
• All personnel and subcontractors, referred to as "Approved Personnel", shall be
approved by Agency, prior to providing services. There shall be no changes in
the Approved Personnel without written concurrence of the City.
• Prepare a schedule of major activities and milestones and provide an estimate of
the cost to conduct proposed assignments including assignments to
subcontractors. Upon City's written approval of the estimated cost, initiate the
assignment in a timely manner.
• Be responsible for the accuracy of work and promptly make all necessary
revisions or corrections resulting from errors and omissions by Approved
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Personnel.
• As deemed necessary by the City, meet with the City and other staff as
requested.
• Monitor and maintain all files to ensure overall project integrity.
• Prepare and assemble the "Offer Package" using the format approved by the
City.
• Prepare and maintain a file for those properties assigned for acquisition by the
City.
• Present written purchase offers to property owners as directed by staff.
• Meet on an ongoing basis with property owners or business tenants (or their
appointed representatives) to coordinate and negotiate the purchase and sale
transaction.
• Supplement negotiations by obtaining and reviewing counter offers or demands
from property owners, recommendations for settlements, coordinating with the
agency to review and discuss all possible solutions and problems, including
condemnation.
• Prepare all acquisition agreements, deeds and other documents necessary to
complete the acquisition.
• In the course of acquisition process, provide all the necessary information and
work with the relocation consultant in addition to the City staff member in order to
expeditiously and professionally complete the project.
• Obtain reconveyance and subordination agreements as necessary.
• Maintain an accurate and current record of all-pertinent information and contacts
concerning the property owners and tenants.
• Assist City in condemnation support activities.
RELOCATION SERVICES
Provide a complete relocation assistance program to comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25,
California Code of Regulations, its amendments, and other pertinent laws and
regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates,
project area surveys and other specialized reports. Consultant's relocation services
include, but are not limited to the following:
Relocation Plan
Consultant will prepare a Relocation Plan, in accordance with all requirements of State
Law, State HCD Guidelines, the Relocation Assistance and Real Property Acquisition
Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide
the City with summary and statistical information regarding the impact of a project to
potential displacees. Specifically, this report should concern the identification of potential
impacts that may occur as a result of the demolition of existing structures, proposed
displacement of occupants, and a plan to mitigate respective impacts.
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The Relocation Plan shall include:
• Description of the proposed project and project location;
• Assessment of needs;
• Replacement housing resources;
• Residential and commercial displacements;
• Temporary housing (if applicable);
• Program assurances and standards;
• Relocation assistance program;
• Citizen participation and plan review period;
• Description of relocation benefits;
• Eviction policies and procedures;
• Appeals and grievance procedures;
• Displacement schedule;
• Estimated relocation costs.
Residential Relocation Services shall include:
• Prepare "Relocation Package" in accordance with City approved format.
• Provide advisory services
• Interview displaced persons
• Distribute Relocation Packages in accordance with City staff directives.
• Inform displaced persons of available relocation assistance, the relocation
process and benefits.
• Search for relocation sites and provide referrals of sites to displacees.
• Prepare and distribute informational brochures and other required notices and
documents.
• Provide referrals and advice
• Determine relocation eligibility and amount for relocation benefits.
• Review entitlement packages in accordance with applicable rules and
regulations.
• Review requested moving entitlements.
• Inspect replacement dwellings.
• Thoroughly document all contacts with the displacee.
• Prepare and transmit to the City all applicable invoices and relocation claim
forms.
• Prepare and deliver residential entitlement letters and other required documents.
• Provide status reports to City staff.
• Advise and update City staff on various aspects of state and federal relocation
law.
Business Relocation Services shall include:
Consultant shall meet with owners of businesses within a reasonable time after the offer
to purchase has been made and interview them to complete the Displacees Needs
Questionnaire. Collect data regarding the type of business, work schedule, number of
employees and the owner's proposed plans. Provide advisory assistance.
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• Determine potential eligibility for moving payments by reviewing eligibility criteria
and case data.
• Personally contact the displacees and present required forms and explain in
detail the options for payment of reasonable moving expenses.
• Extract from appraisal report information regarding improvements that have been
acquired so as to eliminate them from consideration in determining moving
expenses.
• Review and approve the compilation of a certified personal property inventory.
• Interview the displacee again to identify in detail displacee's needs, desires, and
issues.
• Summarize all interviews, contacts and contact attempts in diary for official
record.
• Provide assistance in locating a suitable replacement site.
• Monitor the move as much as feasible to determine that all items are moved that
should be moved and that no items are moved that were purchased during the
acquisition of the property.
• Collect supporting documents and submit payment of moving expenses.
• Determine what expenses are necessary and eligible as reestablishment
expenses.
• Inspect the replacement property, obtain cost estimates, discuss the issues with
the displacee, verify expenses and income and project next two years to assess
whether increased operating costs will exist.
• Determine eligibility for actual reasonable search expenses.
• Determine eligibility for In-Lieu business payment, utilizing IRS tax returns and/or
certified financial statements.
• If Business Good-Will becomes an issue, an appraisal, or letter of exposure, may
be required.
• Arrange for a final walk-through inspection of the property.
• Collect final supporting documentation, prepare final claim, prepare certification
and close file.
Construction and moving bid services shall include:
Movers:
• Conduct on site inventory and photos
• Complete certified inventory and mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
Contractors:
• Verify licensing
• Prepare mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
• Evaluate for eligibility
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PROPERTY MANAGEMENT SERVICES
Consultant will coordinate all of the property management tasks with City staff and the
demolition contractor as deemed necessary. Consultant shall provide interim property
management during the transition from occupancy to demolition. This includes the
coordination of utility connections and disconnections, preparing and facilitating short-
term rental agreements, rent collections, providing eviction services, property
maintenance and security, preparing and issuing notices to vacate in accordance with
state law, coordination of final asbestos and lead surveys, and monitoring the demolition
of structures and removal of underground storage tanks or other environmental
concerns.
Property Management duties shall include:
• Property Management Coordination
• Acting as Property Management Liaison
• Utility Coordination
• Invoice Services
• Security Services
• Lawn Care
• Facilitate Maintenance Services
• Month-to-Month Occupancy Agreements
• Collect Rent
• Prepare Rental Agreements
• Complete Vacancy of Unit Tasks
• Disconnect Utilities
• Coordinate Fencing Services
• Secure Property
• Eviction Coordination
• Demolition Coordination
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EXHIBIT A-1
CONSULTANT'S PROPOSAL
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Request for Proposals for Right of Way Consulting'and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Proposed Staffing and Project Organization
The OPC Project Team
An essential element to any work plan is the formation of a team of professionals who have'the experience,
technical knowledge and political awareness to meet all the goals and objectives of the project.
The Project Manager for the City's projects will be Michele Folk, SR(WA, RIW-RAC, The balance of the OPC
Team includes full-time employee staff members including:
Ray Armstrong, SRIWA*
Diana Staudinger*
Daniela Borbe*
Laura Kane, SRM/A, RM-RAC*
Brenda Loera*
Susan Hebert
Maddy Rivera
Ramle Dawitt
Alfredo Jacquez
Danny Mendoza*
Tony Kurney
Natasa Lenic*
* Represents Key Team Member
Together, these in-house professionals cover the areas of acquisition, relocation and property
management, The balance of this section demonstrates the education, experience, commitment, and
credentials of the OPC team.
Resumes
Resumes for the project manager and the key members of the project team begin on the next page,
followed by a team avallabliity matrix and organizational chart which delineates commttnicationlreporting
relationships among the project team.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Project Team Matrix - Key Personnel
Michele Folk, SRIWA, RIW-RAC Grove Park Apartments - Jamboree 2%
Prindpai Consultant (Relocation) Tustin/Chapman Widening - Orange 1%
Irvine, CA Brookhurst Widening Project - Anaheim 10%
11/11
Placentia Avenue Grad Sep - OCTA
2% 0
°
Tunnel Projact-So. Coast Water District 20%
Bristol St. Widening - Santa Ana 15%
Ray Armstrong, SR/WA OCTA - 4051221605 WCC 10%
Principal Consultant (Acquisition) OCTA Grade Separations 10%
Irvine, CA South Coast Water District 100 60%
23118 PIC Various Projects 10%
Diana Staudinger Mission Viejo -1-5 at Oso 10%
Project Manager (Acquisition) La Habra Harbor@ Lambert 110%
Irvine, CA Laguna Niguel-1-5 at Crown Valley 10% 60%
12/2 West Covina-Azusa Avenue 10%
Danieta Borbe Placentia Ave. Grade Separation 10%
Sr. Consultant (Acqulskion) Azusa Ave. @ Amar Rd. 10%
Irvine, CA Grade Crossing Safety Project 5%
7R
Jamboree Bridge Widening
10% 0
45%
Lakeview Ave. Widening 109'0
Crown Valley Pkwy @ 1-5 10%
Laura Kane, R1W-RAC Jamboree Housing - Emerald Cove 5%
Sr. Consultant (Acquisition and Relocation) City of Santa Ana - Bristol Street widening 16%
Irvine, CA OCTA Grade Crossing 10%
10/10 City of Laguna Niguel - Crown Valley 10% 45%
VA Consulting Jamboree Road 10%
Garden Grove - Travel Country RIV Park 5%
Brenda Loora Jamboree Housing - Grove Park 10%
Consultant (Acquisition and Relocation) City of Santa Ana - Bristol St. Widening 30%
Irvine, CA
City of Anaheim - Brookhurst Widening
15% 450/0
7/2
Denny Mendoza Property Management assignments Varies daily
Field Maintenance Supervisor (Property revolve daily
Management) 100%
Long Beach, CA
5/5
Natasa Lenic City of Azusa - 2 RHP 20%
Analyst (Property Management) City of Burbank- RHP & Relo Plan 20%
Long Beach, CA City of Long Beach Reporting 10% 50%
14/14
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Organizational-Chart
Michele Folk, SR/WA,
Ray A
rmstrong, SR/WA Michele Folk, SR/WA, Ray Armstrong,
.?
dn'
Diana Staudinger Laura Kane, SR/WA, Danny Mendoza
Danlela Sorbe Ramie Dawit Danlela Borbe
Laura Kane, SR/WA, "Alfredo Jacquez Natasa Lenic
Maddy Rivera
e . Brenda Loera Anthony Kurney
ru&
"Brenda Loera Additions! Consultants Property Maintenance
Additional Consultants Susan Hebert
Susan Hebert
OPC maintains a relatively constant flow of public acquisition and relocation workload and monitors its projects
and staff utilization consistently to ensure that adequate staff are, and will be, available to meet the scheduling
demands of our clients. The key personnel proposed for this team will be available for the duration of the
project. OPC acknowledges that no person designated as 'key" to the project shall be removed or replaced
without the prior written concurrence of the client. As the project is on-call, please note that additional resources
are always available from any of our seven California offices.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Work Plan
Early Project Planning and Management
Our work on the early phase of this project.
The first, and probably the most important element of our Project Management Approach, will?e to meet
with City staff early to determine the project requirements and objectives and establish lipes of egmmunication
and reporting requirements. With each project CTO, OPC will create a comprehensive- Right of Way Plan (in
compliance with the City of Santa Ana's adopted Right of Way Policies and Procedures Manual), a schedule for
completing the work, and a fixed cost amount In compliance with the City's CTO requirements described in the
RFP. OPC's Right of Way Plan and schedule will list each task and identify the activities that must be
completed Immediately prior to the start of the next task. OPC's Right of Way Plan will encompass all phases as
well as other disciplines (including the City's other on-call consultants) to ensure the City's entire right of way
program is orchestrated effectively and efficiently, without delay to the construction schedule.
The key tracking devices In OPC's Right of Way Plan Oil be our right of way acquisition and relocation
databases and the project schedule. The databases will hold all the information about each parcel/Interest and
will be utilized to generate status reports, offers, deeds, documents, and any requested project certification. The
right of way schedule will be utilized to monitor the completion of project milestones and the progress of
individual cases.
OPC's designated Project Manager, Ms. Michele Folk, will participate in coordination meetings and
prepare updates to the status reports and schedule on a predetermined timeframe. in addition to the day-to-day
coordination with City staff and the project team, we will interface with federal and slate oversight agencies such
as Caltrans, Department of Housing and Urban Development, FTA and FHWA, and other oversight entities.
Quality Assurance / Quality Control.
OPC has an Internal quality assurance/quality control procedure that will be used on the City's projects.
Our policy states that each work product is an independent step in the process and shall be conducted in a
manner which provides for a complete check before the work product is distributed. Compliance with the City's
right of way policies and procedures and all applicable regulations of federal, state and local agencies will be
adhered to at all times.
Management of project and financial records is an essential part of an auditable right of way program. At
the core of such a system is accuracy and consistency. The QA/QC program begins with the preparation of a
detailed plan, communicating OPC's approach and project objectives to the City. The approved plan is
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
thoroughly communicated to all of the project staff to be implemented into every action, calculatiori, payment,
approval and record. The plan is used throughout the project to ensure program compliance. Any exceptions
are promptly corrected as events occur.
To maintain accuracy, all records will undergo periodic quality/accuracy checks by management. All
computations of entitlements and distributions of financial assistance are clearly documented for compliance
with federal, state and local regulations and statutes, along with policies of the City of. Santa Ana. Actions which
require innovative solutions will be thoroughly documented and referenced to applicable regulations for
compliance support. Our project files are spot-checked by the Project Manager to ensure records are being
accurately maintained. Upon completion of each file, the entire file undergoes a final analysis to ensure that all
information is contained in the file, all claims are properly documented and all records of payments have been
made. Since these files belong to the City, they are available for inspection at any time.
Sequential Work-Tasks (overview).
The identified work tasks needed for any particular CTO will depend on the nature of the CTO. For a
traditional RMf acquisition task (where the objective Is to secure a particular parcel of real estate), OPC would
generally proceed through the following steps: First, we would secure preliminary title information consisting of
the 'Wee" line lists available from our subscription services, followed up with purchased preliminary title reports.
We would prepare files and present the property owner with preliminary information contained within a Notice of
Decision to Appraise, including the City's acquisition policies and procedures. We would then coordinate with
the real estate appraiser to determine whether they needed the property Interest staked, or whether they
needed any site remediation cost estimates from environmental firms to complete their work (and coordinate
that work as necessary). We would receive and review the completed appraisal, have it reviewed (as
necessary) based on project funding and. secure authorization from the City to present an offer of just
compensation. We would prepare all offers and agreement formats and have them signed by the Real Estate
Manager prior to delivery. We will personally deliver all offers and negotiate in good faith the acquisition of the
interest while keeping the City informed of the status of the negotiation along the way. Once accepted, we will
negotiate the execution of a purchase and sale agreement and work with the City to have it approved by City
Council, as necessary. We will then open escrow and coordinate the clearance of title consistent with the
agreement, and coordinate all lien payoffs and clearances as appropriate. Executed deeds will be accepted
and recorded and tax cancellation letters will be sent.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
The preceding example is a routine case and typically takes 9-12 months of duration from start to-finish.
Specific schedules can be determined depending on project constraints, and particular scopes can be
accommodated depending on project funding requirements,
Acquisitlon and Negotiation
Mr. Ray Armstrong, SRNVA, will serve as the Principal-in-Charge of Acquisition and will assume
responsibility for the acquisition team's activities,
Pre-Acquisition Activities: During the early phase of a project, OPC will.perform pre-acquisition activities
consisting of a comprehensive review of all title reports and underlying record documents, issuance of statutory
appraisal letters, review of engineering plans, legal descriptions, right of way maps and other information
relevant to the project. OPC's Project Manager will coordinate with the City's on-call real estate appraiser(s) on
title issues, property inspections and clarification of engineering design elements. Upon completion of the
appraisal reports, OPC will conduct an independent review for adequacy and compliance with USPAP and
applicable regulations. if necessary, OPC will participate in city council meetings and assist the City in preparing
exhibits and/or reports necessary to establish the amount of just compensation.
This initial stage will also include preparation of written offers of just compensation, documents,-deeds and
right of way agreements in accordance with applicable requirements, to submit to the City for approval.
Property Ne otiations: Following City Council approval of just compensation, OPC will present the City's
written purchase offer to the owner and/or owner's representative. Negotiations will involve an Interactive, face-
to-face discussion with the property owner about his/her property; explanation of the project and its impacts to
the property; explanation the appraisal process and how the value was concluded, as well as answers to any
questions or concerns the owners may have. All of our agents are licensed with the DRE and trained to utilize a
non-coercive, integrative negotiation style to overcome all hurdles In reaching a settlement in the most efficient
manner possible. Our agents will negotiate in good faith with an open mind for creative solutions that would be
mutually beneficial to all parties involved.
In the event a counter proposal is made, OPC will evaluate its merits and make recommendations If it is
believed that an administrative adjustment or settlement is warranted, based on the facts.
Supplemental negotiations may also include addressing any objection or question concerning the project
the owner has by conferring with the City's Project Manager.
Once an agreement is reached, OPC will submit the appropriate executed documents to the City for
approval (including letters of recommendation with supporting documentation, if an administrative settlement is
being recommended).
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Post Negotiations; Upon the City's approval of the appropriate documents, escrow will be opened by
submitting an instruction letter providing the purchase contract,. title insurance coverage and notarized Deed to
escrow agent. OPC will assist with any due diligence requirements, will resolve adverse title conditions
preceding the close of escrow and will coordinate payment of just compensation. The City of Santa Ana will be
furnished with copies of the recorded Deeds and title insurance polices following the close of escrow.
In the event the property cannot be acquired by good-faith negotiations, OPC will assist the City with
condemnation support by ordering an updated litigation guarantee, coordinating with the attorney and assisting
with any other tasks necessary to take possession.
During the course of the acquisition process, OPC will maintain a complete acquisition file of all
correspondence, offers, and contacts with each property owner and the City. We will also provide the City with
written status reports at the prescribed interval and confer with the City's Project Manager, as needed. OPC will
maintain a current Acquisition Checklist showing each successfully negotiated parcel and outline any special
terms agreed to with a recommendation for the City of Santa Ana's action.
Relocation Assistance
Planning: The first task in the Planning phase Is the initial meeting with the Project occupants to provide
them with an overview of the relocation process and to explain what they can expect from the relocation
program as it relates to the benefits they are eligible to receive, the advisory assistance that will be provided and
other specifics related to the initial planning identified above. Information about the project site occupants and
their potential relocation needs Is obtained at this time. Based on the occupants replacement housing or
business sites needs, OPC will then conduct a market survey to search for available replacement housing and
commercial sites.
The last major task in the Planning stage is the preparation of the Relocation Plan. The Relocation Plan
will determine the level of service needed for later relocation assistance activities based on the personal
interviews that will be conducted with all affected occupants. The Plan will describe the affected project
occupants, identify the procedures and the program the City will follow, identify the availability of comparable
replacement housing and/or business replacement sites, as well as provide a relocation budget estimate.
Data Collection and Information Delivery,, Before a final eligibility determination can be made, OPC must
gather more than just anecdotal information obtained in the initial interview for the Relocation Plan.
Documentation to support verification of current rental/mortgage payments, household size and verification of
tenancy, household income and special needs must all be secured and verified.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
At the same time, this will be the occasion to deliver specific information regarding the relocation program
and the beginning of the "personal presence" discussed above. OPC staff will take the time to go through the
information being delivered, and in essence, "teach" the relocation program. We have found that while the
relocation program and its goals are not complex, understanding the specifics of the process and payments may
lake a number of explanations before the displacees have a good understanding of what is required of them, as
well as what is avallable to them and how to take advantage of the relocation benefits to which they are entitled.
Follow up meetings, letters and phone calls are made to continue to gather necessary documentation as
well as provide additional "teaching" of the relocation program and process. OPC considers extensive advisory
assistance paramount to a successful relocation.
Eligibility Determinations & Advises Service: During this time, all necessary documentation is being
requested and received from the project occupants, and a search for available, comparable, replacement
housing or replacement business sites is being conducted. The combination of personal data collected and
available replacement housing is used in the determination of the occupant's specific financial entitlements in
the case of residential relocations. OPC staff will select a comparable replacement dwelling out of at least three
that best fit the elements of comparability to the subject, or via a rent schedule, if project circumstances allow.
In the case of a business relocation, OPC staff will help secure moving and/or contractor bids to establish costs
for the business to relocate their equipment and personal property. The Project Manager will make the final
relocation entitlement determination and submit it to the City for approval.
Once the eligibility amount is approved, OPC staff will make another personal visit to the displaces to
deliver'-the Notice of Eligibility and explain the benefits to which they are entitled. The displacees are also
counseled as to what they must do to claim said benefits. .
When residential occupants have located replacement housing, inspection of the units will occur to make
sure they meet decent, safe and sanitary standards. Additional assistance, as needed, will be provided to assist
with such things as working with landlords, property managers,. real estate agents, escrow and loan officers to
secure replacement housing. OPC will also assist with the preparation and processing of relocation claims for .
the eligible occupants.
When a displaced business has identified a suitable replacement site, OPC will help the business owner
determine the disposition of any Furniture, Fixtures & Equipment - whether it Is to be moved under the
Relocation Program or sold to the City as an acquisition cost. With OPC, while 'tenant acquisition" is generally
considered to be an acquisition-related activity, the disposition of FF&E and bulk sale escrows typically will be
handled by the relocation agent assigned to the case for continuity and efficiency as well as to avoid the
duplication of payments.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Replacement Housing Referrals: One of the tenets of the residential relocation program is that
comparable replacement housing must be available before you can cause displacement. Therefore, OPC will
search for, verify the availability of, and provide referrals to comparable replacement housing. The displacees
will receive referrals on a regular basis until they secure replacement housing. (While not required, referrals to
available replacement business sites will be offered to displaced businesses in order to assist them with
successfully relocating their businesses as well as mitigating foss of business goodwill claims.)
One critical assumption of finding available housing is the actual securing of the available unit. Many
times, especially in the competitive housing market we are experiencing in the Orange County market, it is those
who have the money that will secure the unit. Many times, occupants being displaced for a publicly funded
project are in the lower income category and do not have the funds necessary for first months rent and security
deposit. Without the ability to secure advance claims in a timely basis, many replacement housing opportunities
are lost and the credibility of our consultants and the City is lost. Therefore, it Is critical that checks are
processed as quickly as possible for the claimants.
As we have done with many other clients, OPC proposes to set up a Trust Account with monies funded by
the City to allow OPC to process the payments as they are approved by the City, relieving the City of the need to
prepare additional paperwork and expediting payment to the displacees. Claims are still sent to the City for
review and approval, but once approved; a check can be cut Immediately by OPC staff from the Trust Account.
Appropriate controls and reports are submitted to the City documenting the funds deposited and monies that
that have been paid.
Vacation and File Close Out: The last segment is critical, because without vacation of the units, the City
cannot proceed with the proposed road work or other project construction. OPC's Project Manager will work
closely with the City to make sure its schedule is met. Therefore, OPC's goal will be to provide all appropriate
services, referrals and assistance to relocate the tenants while adhering to the City's timeline. If tenants have
not found replacement housing 90 days before the City needs the property vacant (or other date determined by
the City) and appropriate comparable replacement housing has been provided, OPC will deliver 90-Day Notices
to Vacate.
Lastly, the task of closing a file, while not critical to vacating the tenant, will be of importance long after the
units are vacated. The files must be able to tell a story of who, what, why and how much, so that any auditor will
understand the process and sign off on the reimbursement of the funds, if applicable.
OPC will provide written and verbal multi-lingual services, either with our current bilingual staff or outside
services, in the event the need arises.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Property Management Services
Property Management at OPC is a centralized function within our Corporate Services group that serves all
of our Southern and Northern California offices. There are three functional units under the. 'Property
Management" group umbrella: 1) rent collections and accounting; 2) tenant liaison; and 3) property services.
Currently leading the Property Management group (interim) is Mr. Ray Armstrong, SRIWA, Vice President of
Operations. 'T'here is a current vacancy of our Property Management Supervisor which is expected to be filled
in December 2010. The Property Management Supervisor will oversee all three functional units.
Our Project Managers typically manage the property management contract with financial and property
services support provided by corporate headquarters. As we set up a property for management -- whether
Interim prior to demolition, or longer term arrangements, we establish project rules for the collection of rents,
payment of bills, and establishment of trust accounts. On the financial side, one of our financial analysts sets up.
property accounts specific to the project and collects monthly rents as directed by the project plan. From
collected rents, we receive and pay all monthly utility bills and conduct routine inspections to insure compliance
with lease terms. Accounts are reconciled monthly with a complete case reconciliation presented along with the
former months' bank reconciliation. Proceeds of the collected rents are turned over to the client or retained In
the trust account depending on our Instruction. On the propel services side of our Property Management
department, we have noted several efficiencies in delivering maintenance and inspection services and have an
in-house field team responsible for those services. Danny Mendoza supervises two full-time moblie crews.
Each van is equipped with supplies for landscape maintenance, weed and trash removal, board-ups, graffiti
removal, general plumbing and required safety installations (smoke detectors, water heater straps, etc.) One of;
OPC's employees is a general contractor, who can conduct more difficult services such as electrical, plumbing,
and construction. On the leasing side, our corporate broker, Ray Armstrong, Is skilled in creating leases from
on-line CAR (California Association of Realtor) forms (residential leases) and AIR (American Institute of Real
Estate) forms (commercialrndustrial leases). We also have a variety of sample formals that we put to use for
the management of leases, licenses, and other temporary agreements.
Eminent Domain Coordination
OPC's staff will coordinate with the City's general counsel to help analyze the risks associated with a
particular case and may aid In the settlement, as necessary.
Another noteworthy item in the category of "Eminent Domain Coordination' is OPC's unique skill set in the
area of move-planning services. In California, businesses often claim loss of business goodwill. At OPC, we
offer an enhanced/expanded version of our professional relocation assistance services (typically performed
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
under the direction of the general counsel) designed to mitigate the loss of business goodwill. We have a tiger
team consisting of our CEO, Barry McDaniel, and a series of subject matter experts who will go into a business,
take stock of the critical components of the business, and facilitate a plan for the successful relocation of the
business beyond the traditional scope of work contained in this, and most other public agency RFP's. OPC has
proven the success of this group time and again by saving clients such as Los Angeles Unified School District,
and Caltrans, millions of dollars of goodwill claims.
Other Right of Way Support
Translations.
OPC generally handles any needed translation services in-house as our staff covers dozens of languages
and dialects. In the event that counsel wants a court certified translator, we can accommodate that as well.
Property Services.
While OPC provides basic property services such as landscape maintenance, board-ups, debris removal,
fence repairs, and clean-outs in-house, we can provide additional subconsuitants (if required) to conduct larger
scale operations requiring bulldozers, chippers, and other heavy equipment operations.
Identification of Project Challenges / Innovative Solutions
This proposal is being submitted for on-call services rather than based on a specific project. Therefore, -it
is impossible to identify any specific project-related special issues or challenges at this time. However, based
on decades of experience providing right of way services to public agencies, OPC understands the likelihood of,
and is prepared to handle, project challenges as they arise.
Ownership interests on many properties can be convoluted and unclear and/or difficult to access. When
acquiring interests from a railroad or from the state, for example, having contacts within those organizations and
experience in negotiating with entities such as these is crucial to timely completed transactions. OPC has years
of experience with governmental agencies and quasi-governmental agencies and Is well versed in their unique
processes. Probate and other title issues need to be identified as early as possible, and the initiation of the
eminent domain process may be suggested simply to clear title even while good faith negotiations continue with
the property owner.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
OPC has seen lender restrictions on loans for partial acquisitions occurring more and more on projects
recently. Getting permission from the property owner to work directly with the lender's reviewer to help them
understand the process and documents necessary for a public project is a key step in expediting this process.
Language issues in agreements or deeds can be resolved before documents are out for signature.
Obtaining partial reconveyances for partial acquisitions in today's market when it Isn't a priority to the
lenders can be a challenge. Again, OPC has expedited this process by getting permission from the property
owner to work with the lender directly to explain the type of project and requirements to clear title. If the
displacing agency approves using a possession clause in their agreement, then any delay in the close of escrow
will not hold up construction.
Complex business relocations can have a significant impact on project site clearance and construction
schedules, if not handled with expertise early on. OPC will work with the City to develop a team of subject
matter experts to identify relocation challenges early in the process and to propose mitigation measures that will
be cost effective for the City, as well as real solutions for the business in its effort to relocate. Large loss of
goodwill claims can be avoided, and a displaced business (who may be providing significant tax revenues to the
City) will receive the assistance necessary to successfully reestablish their business in a new location,
The current real estate market has left Orange County with many homeowners in a negative equity
situation. OPC has gained experience negotiating with lenders, applying the federal programmatic waiver
related to Purchase Price Differential payments and using creative solutions to clear the mortgage debt for
those homeowners in a negative equity situation. Relocating these homeowners can be a real challenge due to
lack of funds at the close of escrow to put down on a replacement home, and OPC has worked with other
agencies in developing a Last Resort Housing program to address this issue.
Exceptions/Deviations
Technical Deviations
OPC has reviewed the scope of work thoroughly and finds it to be well-representative of the tasks that
must be accomplished to complete the job.
Contractual Deviations
OPC takes no exception to the sample agreement included In the RFP.
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Exhibit A
Part I -List of Key Personnel
Names Functions
Michele Folk, SR/WA, R/W-RAC Principal-in Chara Relocation
Ray Armstrong, SRNVA Principal-in-Charge A uisition/Interim PM Mgr.
Diana Staudin er Project Manager
Daniela Borbe Sr. Consultant
Laura Kane SR/WA RNV-RAC Sr. Consultmit
Brenda Loera Consultant
Dann Mendoza PM Field Supervisor
Natasa Lenic Anal st
Part II - List of Subconsultant/Subcontractors
Subcontractor Names/Address Function
N/A -
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Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation, and Property Management Services
Exhibit B
Schedule I -Hourly Rates
Furnish any narrative required to explain the price quote.
Name Job Title/
Classification
Job Function Fully
Burdened
Hourl Rate"
KEY STAFF
Michele Folk, SR/WA Principal Consultant Principal- n-Chara/Relocation $185.00
Ray Armstrong, SRNVA Principal Consultant Princi al-in-Char a/Ac uisition $185.00
Diana Staudin er Project Manager Ac uisition $130.00
Daniela Borbe Sr. Consultant Acquisition Agent $115.00
Laura Kane Sr. Consultant Ac uisition/Relocation Agent $115.00
Brenda Loera Consultant Relocation Agent
$105.00
Dann Mendoza Field Maintenance Supervisor Pro ert Management $105.00
Natasa Lenic Analyst Pro ert Mana ement $105.00
ADDITIONAL STAFF
Staff Principal Consultant Manage ent, Prop. M mt. $185.00
Staff Sr. Proiect Mana er Management $140.00
Staff Property Management
Supervisor Property Management $140
00
Staff Project Manager Management .
$130
00
Staff Sr. Consultant Acquisition/Relocation .
$115
00
Staff Property Manager Pro pert Management .
$115.00
Staff Consultant Ac uisition/Relocation $105.00
Staff Project Su ort Ac uisition/Relocation $73
00
Staff Administrative Administrative support .
$45
00
Staff Field Maintenance Supervisor Property Services .
$105.00
Staff Inspector Pro a Services $105.00
Staff Prevailing Wage, Specialized
Labor GC/Plumber/Electrician Property Services $145.20
Staff Prevailing Wage
General Construction Labor Pro ert Services $81.65
Staff Prevailing Wage
Landscape Laborer Pro ert Services $40.50
Dumping fees, Board-up
ODC's materials, Paint + supplies,
Other maintenance supplies,
E ui ment Rental Property Services At cost
"Fully Burdened" rates include all overhead, general costs, administration costs and profit.
Rates quoted will apply for calendar year 2010 and 2011. OPC reserves the right to adjust
our stahdard hourly rates annually by approximately 3%: Prevailing Wages are tied to direct
labor rates as stipulated by Department of Industrial Relations and adjusted to changes in
OPC's Audited Overhead Rate.
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November 11, 2010
Ms. Souri Amirani, Deputy City Engineer
City of Santa Ana
Public Works Department
20 Civic Center Plaza M=36
Santa Ana, CA 82701
Re: Request for Proposals for Right of Way Consulting and Related Services
Specialty Area (A5) Acquisition, Relocation and Property Management Services
Dear Ms. Amirani:
Overland, Pacific & Cutler, Inc. (OPC) understands the City of Santa Ana is seeking professional consulting
firms to provide right of way and related services on an as-needed basis. We are pleased to submit this
proposal for specialty area (A5) Acquisition, Relocation and Property Management Services.
OPC is a California Corporation that has specialized in providing real estate services to government
agencies since 1980. Local, regional, state and federal agencies calf upon OPC to provide on-call and project
based real estate services for their most challenging assignments. OPC's in-house services include Right of
Way Acquisition, Relocation Assistance, Program Management, Appraisal, Appraisal Review, Utility
Coordination and Property Management. This full spectrum of real estate services allows us to understand the
integrated details of your project.
OPC is prepared to provide the City of Santa Ana with a qualified team that will successfully execute your
projects. We know the importance of the timely delivery of right of way to meet project schedules. Our success
is based upon professionalism, our innovative approach to solutions and our responsiveness to clients.
OPC's Irvine office will oversee the City's projects. OPC has worked with the City of Santa Ana for more
than ten years providing acquisition, relocation and other related services. We are excited about the opportunity
to work with the City again,
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20 Fairbanks, Suite i78
Irvine. CA 92618
949.951.5263 ph
949.951,6654 -tax
M1Ni.0PCserv1ces.C0M
EXHIBIT B
FEE SCHEDULE
251-38
Request for Proposals for Right of Way Consulting and Related Services
fy Area (A5) Acquisition, Relocation, and Property Management Services
Exhibit B
Schedule I --Hourly Rates
Furnish any narrative required to explain the price quote.
Name Job Title/
Classification
Job Function Fully
Burdened
Hovrl Rate*
KEY STAFF
Michele Folk SR/WA Princi aI Consultant Princi al-in-Char a/Relocation $185.00
Ray Armstrong, SIR Princi al Consultant
p Principal-in-Charge/Acquisition $185.00
Diana Staudin er Project Mana
er Acquisition $130.00
Daniela Borbe Sr. Consultant Acquisition Agent $115.00
Laura Kane Sr. Consultant Acquisition/Relocation A ent $115.00
Brenda Loera Consultant Relocation Agent $105.00
Dann Mendoza Field Maintenance Supervisor Property Management $105.00
Natasa Lenlc Analyst Property Management $105.00
ADDITIONAL STAFF
Staff Principal Consultant Management, Prop, M mt. $185.00
Staff Sr. Pro ect Manager Management $140.00
Staff Property Management
Supervisor
Property Management
$140.00
Staff PMect Manager Management $130.00
Staff Sr. Consuitant Ac uisition/Relocation $115.00
Staff Property Manager Properl Management _
$115.00
Staff Consultant Acquisition/Relocation $105.00
Staff Project Support Ac uisition/Relocation _
$73.00
Staff Administrative Administrative support $45.00
Staff Field Maintenance Supervisor Property Services $105.00
Staff Inspector Property Services $105.00
Staff Prevailing Wage, Specialized
Labor GC/Plumber/Electrician
Property Services
$145.20
Staff Prevailing Wage
General Construction Labor
Pro ert Services
$81.65
Staff Prevailing Wage
Landscape Laborer
Property Services
$40.50
ODC's Dumping fees, Board-up
materials, Paint + supplies,
Other maintenance supplies,
E ui ment Rental
roperty Services
t cost
"Fully Burdened" rates include all overhead, general costs, administration costs and profit.
Rates quoted will apply for calendar year 2010 and 2011. OPC reserves the right to adjust
our standard hourly rates annually by approximately 3%: Prevailing Wages are tied to direct
labor rates as stipulated by Department of Industrial Relations and adjusted to changes in
OPC's Audited Overhead Rate.
Page 41
251-39
251-40
PROPERTY ACQUISITION. RELOCATION &
MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 7`h day of March, 2011, by and between
PARAGON PARTNERS, LTD, 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, relocation and 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.
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 City's
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.
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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 on all consultants providing property management services shall not
exceed an aggregate of $500,000, 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 later 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.
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b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 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
251-43
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)
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P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Paragon Partners
5762 Bolsa Avenue, Suite 201
Huntington Beach, California 92649
facsimile (714) 373-1234
Attn: Neilia LaValle
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
251-45
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.
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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
PARAGON PARTNERS
By:
LauraSheedy
Assistant City Attorney
NEILIA LAVALLE
President/ CEO
Tax ID#
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
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EXHIBIT
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.
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• 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.
• The Consultant shall complete work under the direction of City staff. The
Consultant will be expected to provide experienced and knowledgeable
professional staff which will be responsive and maintain excellent working
relationships with property owners, tenants, and City staff. The Consultant shall
be committed to provide adequate staffing levels at all times in order to adhere to
established schedules. The Consultant shall be knowledgeable and very familiar
with federal, state and local regulations, policies and procedures as pertain to the
right of way services provided.
Specific Scope of Work for Acquisition Relocation and Property Management Services
include:
ACQUISITION SERVICES:
Assist City staff with the coordination of all the various aspects of the real property
acquisition process, ensuring all work will be performed in accordance with the public
agency's policies and procedures and federal, state and local regulations.
Acquisition tasks may include:
• Meet with City staff to discuss assignments and procedures.
• Perform the services required by the City with qualified personnel, equipment,
materials, supplies, and management and administration services.
• All personnel and subcontractors, referred to as "Approved Personnel", shall be
approved by Agency, prior to providing services. There shall be no changes in
the Approved Personnel without written concurrence of the City.
• Prepare a schedule of major activities and milestones and provide an estimate of
the cost to conduct proposed assignments including assignments to
subcontractors. Upon City's written approval of the estimated cost, initiate the
assignment in a timely manner.
• Be responsible for the accuracy of work and promptly make all necessary
revisions or corrections resulting from errors and omissions by Approved
251-50
Personnel.
• As deemed necessary by the City, meet with the City and other staff as
requested.
• Monitor and maintain all files to ensure overall project integrity.
• Prepare and assemble the "Offer Package" using the format approved by the
City.
• Prepare and maintain a file for those properties assigned for acquisition by the
City.
• Present written purchase offers to property owners as directed by staff.
• Meet on an ongoing basis with property owners or business tenants (or their
appointed representatives) to coordinate and negotiate the purchase and sale
transaction.
• Supplement negotiations by obtaining and reviewing counter offers or demands
from property owners, recommendations for settlements, coordinating with the
agency to review and discuss all possible solutions and problems, including
condemnation.
• Prepare all acquisition agreements, deeds and other documents necessary to
complete the acquisition.
• In the course of acquisition process, provide all the necessary information and
work with the relocation consultant in addition to the City staff member in order to
expeditiously and professionally complete the project.
• Obtain reconveyance and subordination agreements as necessary.
• Maintain an accurate and current record of all-pertinent information and contacts
concerning the property owners and tenants.
• Assist City in condemnation support activities.
RELOCATION SERVICES
Provide a complete relocation assistance program to comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25,
California Code of Regulations, its amendments, and other pertinent laws and
regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates,
project area surveys and other specialized reports. Consultant's relocation services
include, but are not limited to the following:
Relocation Plan
Consultant will prepare a Relocation Plan, in accordance with all requirements of State
Law, State HCD Guidelines, the Relocation Assistance and Real Property Acquisition
Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide
the City with summary and statistical information regarding the impact of a project to
potential displacees. Specifically, this report should concern the identification of potential
impacts that may occur as a result of the demolition of existing structures, proposed
displacement of occupants, and a plan to mitigate respective impacts.
251-51
The Relocation Plan shall include:
• Description of the proposed project and project location;
• Assessment of needs;
• Replacement housing resources;
• Residential and commercial displacements;
• Temporary housing (if applicable);
• Program assurances and standards;
• Relocation assistance program;
• Citizen participation and plan review period;
• Description of relocation benefits;
• Eviction policies and procedures;
• Appeals and grievance procedures;
• Displacement schedule;
• Estimated relocation costs.
Residential Relocation Services shall include:
• Prepare "Relocation Package" in accordance with City approved format.
• Provide advisory services
• Interview displaced persons
• Distribute Relocation Packages in accordance with City staff directives.
• Inform displaced persons of available relocation assistance, the relocation
process and benefits.
• Search for relocation sites and provide referrals of sites to displacees.
• Prepare and distribute informational brochures and other required notices and
documents.
• Provide referrals and advice
• Determine relocation eligibility and amount for relocation benefits.
• Review entitlement packages in accordance with applicable rules and
regulations.
• Review requested moving entitlements.
• Inspect replacement dwellings.
• Thoroughly document all contacts with the displacee.
• Prepare and transmit to the City all applicable invoices and relocation claim
forms.
• Prepare and deliver residential entitlement letters and other required documents.
• Provide status reports to City staff.
• Advise and update City staff on various aspects of state and federal relocation
law.
Business Relocation Services shall include:
Consultant shall meet with owners of businesses within a reasonable time after the offer
to purchase has been made and interview them to complete the Displacees Needs
Questionnaire. Collect data regarding the type of business, work schedule, number of
employees and the owner's proposed plans. Provide advisory assistance.
251-52
• Determine potential eligibility for moving payments by reviewing eligibility criteria
and case data.
• Personally contact the displacees and present required forms and explain in
detail the options for payment of reasonable moving expenses.
• Extract from appraisal report information regarding improvements that have been
acquired so as to eliminate them from consideration in determining moving
expenses.
• Review and approve the compilation of a certified personal property inventory.
• Interview the displacee again to identify in detail displacee's needs, desires, and
issues.
• Summarize all interviews, contacts and contact attempts in diary for official
record.
• Provide assistance in locating a suitable replacement site.
• Monitor the move as much as feasible to determine that all items are moved that
should be moved and that no items are moved that were purchased during the
acquisition of the property.
• Collect supporting documents and submit payment of moving expenses.
• Determine what expenses are necessary and eligible as reestablishment
expenses.
• Inspect the replacement property, obtain cost estimates, discuss the issues with
the displacee, verify expenses and income and project next two years to assess
whether increased operating costs will exist.
• Determine eligibility for actual reasonable search expenses.
• Determine eligibility for In-Lieu business payment, utilizing IRS tax returns and/or
certified financial statements.
• If Business Good-Will becomes an issue, an appraisal, or letter of exposure, may
be required.
• Arrange for a final walk-through inspection of the property.
• Collect final supporting documentation, prepare final claim, prepare certification
and close file.
Construction and moving bid services shall include:
Movers:
• Conduct on site inventory and photos
• Complete certified inventory and mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
Contractors:
• Verify licensing
• Prepare mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
• Evaluate for eligibility
251-53
PROPERTY MANAGEMENT SERVICES
Consultant will coordinate all of the property management tasks with City staff and the
demolition contractor as deemed necessary. Consultant shall provide interim property
management during the transition from occupancy to demolition. This includes the
coordination of utility connections and disconnections, preparing and facilitating short-
term rental agreements, rent collections, providing eviction services, property
maintenance and security, preparing and issuing notices to vacate in accordance with
state law, coordination of final asbestos and lead surveys, and monitoring the demolition
of structures and removal of underground storage tanks or other environmental
concerns.
Property Management duties shall include:
• Property Management Coordination
• Acting as Property Management Liaison
• Utility Coordination
• Invoice Services
• Security Services
• Lawn Care
• Facilitate Maintenance Services
• Month-to-Month Occupancy Agreements
• Collect Rent
• Prepare Rental Agreements
• Complete Vacancy of Unit Tasks
• Disconnect Utilities
• Coordinate Fencing Services
• Secure Property
• Eviction Coordination
• Demolition Coordination
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EXHIBIT A-1
CONSULTANT'S PROPOSAL
251-55
1'-?ogon T"urlrr?era .?-'tsi.
November 15, 2010
Letter of Transmittal
City of Santa Ana
Public Works Department, Third Floor
Attn: Sour! Amirani, Deputy City Engineer
20 Civic Center Plaza, M-36, Santa Ana, CA 92701
Subject: RFP for Right of Way Consulting and Related Services - (A5) Acquisition, Relocation and
Property Management Services
Dear Ms. Amirani:
Paragon Partners Ltd. (Paragon) appreciates the opportunity to submit its proposal in response to the
above referenced RFP. Paragon stands ready to provide high quality professional right of way consulting
and related services on an as-needed basis for any and all projects contemplated by the City of Santa Ana
(City) under this RFP. Paragon is headquartered in Orange County and most of our employees and their
families live and work here. We are excited and eager to be a part of the City's planned improvements.
In July, Paragon celebrated its 17th anniversary as a woman-owned, Orange County-based land rights
consulting services firm. We have one hundred twenty-five (125) right of way and real estate professionals
and support staff. Over 75% of Paragon's project work is from repeat clients or referrals from existing
clients. This has enabled Paragon to grow to be not only one of the largest right of way consulting firms in
the western United States, but also one of the most respected.
The enclosed documentation demonstrates Paragon's unique, distinctive competence and capability to
implement, execute and deliver successful lands rights consulting services to the City. Paragon has
assembled a team to address all. aspects of the City's Request for Proposal. Paragon proposes Richard
Adler as the Project Manager to lead our team for the duration of the Contract. Mr. Adler was employed by
City of Santa Ana RFP for Right of Way Consuning and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 1
251-56
1`?w?ax?ilw?rs JtA.
the City for fifteen years in the real estate department and later worked with Paragon on numerous City
projects.
All services for this contract will be provided by Paragon's Huntington Beach corporate office located at
5762 Bolsa Avenue, Huntington Beach California, a very short drive from Santa Ana. Paragon Partners is
a California Corporation.
Neilia LaValle is the firm's contact person with the City during the proposal evaluation period. She may be
contacted in our Huntington Beach office by: Telephone (714) 379-3376, Facsimile (714) 373-1234, US
Mail at 5762 Bolsa Avenue, Huntington Beach, California, 92649 or via E-Mail neiliaflarparagon-
partners.com. Paragon acknowledges receipt of two Addenda to the RFP, dated October 22, 2010 and
October 25, 2010, respectively. This proposal is valid for 120 days from its submittal date.
'this proposal is made without collusion with any other person, persons, company or parties submitting a
proposal; it is in all respects fair and in good faith without collusion or fraud. My signature below attests that
the information contained in this Proposal is truthful and accurate at the time of its submittal and that I have
full authority to bind our company.
Paragon is very enthusiastic about an opportunity to work with the City of Santa Ana. We look forward to
the next step in the selection process. Thank you for your time and consideration.
Sincerely,
?gj?
Neilia A. LaValle
President, CEO and Principal-In-Charge
Paragon Partners Ltd.
City of Santa Ana RFP for Right or Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Seriices Page 2
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. 1%
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B. Proposed Staffing and Prolecl'Oreanization
This section establishes the staffing, key personnel, and organizational approach Paragon will use to
manage and staff City projects.
B 1. Proposed Staff and Credentials
Table B-1 highlights the education, experience, and applicable professional credentials of our proposed
personnel. Paragon Management and Project Staff have extensive knowledge and experience in the
provision and direction of a full range of real estate consulting services. Paragon personnel combine their
significant work experience and educational backgrounds with active participation in professional
organizations and in training seminars to keep abreast of current laws and trends. Table B-1 also identifies
key personnel and the proposed positions for all staff members for this project.
1,11y or Hama Ana KH' for Hight of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 10
251-58
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C. Work Plan
Paragon understands that the City is seeking assistance for the provision of real estate services on an as
needed basis to include acquisition and negotiation, relocation assistance and property management for a
three-year period, plus two one-year options. Our Work Plan to accomplish the City's Scope of Work are
discussed in this section.
C I. Approach to Completing Specified Tasks
Paragon's approach to completing the tasks described in the Scope of Work, the sequential activities to be
undertaken in completing the tasks and the personnel who will perform the tasks are presented in this
section. We will perform acquisition, relocation and property management services in accordance with all
applicable City, State and Federal regulations.
C 2. Sequential Outline of Contract Task Order Activities
A step-by-step discussion concerning each of the elements in the Scope of Work (SOW) is presented
below. The persons performing the activities are identified in Table B.1.
Acqulsition and Ne otiation
The 800roach to the acquisition work is predicated on the assumption that the following activities will be
completed prior to initiating property acquisition:
• Appraisals prepared by a Licensed Certified General Appraiser
Title Reports or Litigation Guarantees to determine the legally vested owner(s) and to assess
the liens and encumbrances against the property
• Environmental Phase I and/or 11 Reports (if required)
Required services will be provided by Principal or Senior Acquisition Agents, with oversight and direction
from Richard Adler, the Project Manager, who will handle complex negotiations as the need arises.
n 1. Our Project Manager will meet with the City and review title reports, appraisal reports, and construction
plans in sufficient detail to prepare for negotiations with property owners.
City of Santa Ana RFP for Right of Way Consulting and Related Services
-- November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 16
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2. V4
' `tom .t.,U_
The Project Manager
will then prepare a Right of Way Acquisition Plan. This plan will contain project
milestones and estimated costs to achieve them.
3. The acquisition agent(s) will prepare the "Offer Package" for each property to be acquired. Documents
that will be included are: Offer Letter, Appraisal Summary Statement (Pursuant to Assembly Bill 237),
Purchase and Sale Agreement and Escrow Instructions, Conveying Instrument (Grant Deed, Permanent
and/or Temporary Construction Easement Deed, and so on), Certificate of Acceptance, plat maps and legal
descriptions, and Title Vt Information. When it is appropriate or desirable, a Permit to Enter, Right of Entry,
and/or Consent to Easement will also be prepared.
4. Paragon will follow the City's policy on reimbursement for property owner appraisals up to $5,000 when
the threat of eminent domain is used. Paragon will also follow the City's policy on implementation of
AB1322.
5. A complete and separate file for each parcel will be prepared and maintained by the acquisition
agent(s). The file will include a Parcel Diary of all pertinent_informatlon and contacts made relative to the
acquisition negotiations. The Parcel Diary will be updated documenting every contact with each property
owner and will include a summary of the status of negotiations indicating the attitude of the owner, any
problem areas, and all of the relevant information about the status of negotiations.
6. Documents required for the acquisition of real estate and fixtures and equipment will be prepared as
necessary.
7. Paragon's acquisition agent(s) will set appointment(s) with the appropriate parties for presentation of the
formal written offers. Paragon will make recommendations on all counter offers.
8. The acquisition agent(s) will meet and negotiate personally in good faith with each properly owner,
his/her agent or representative, commercial tenants, or lessees at appointed times convenient for them to
present offers, explain the acquisition process, and gather information in order to obtain the required
executed documents.
City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 17
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114awAro LW.
9. Paragon's Project Manager, Richard Adler, will coordinate and manage the acquisition process with the
City, legal counsel, property owners, and tenants along with the title company, engineers, relocation agents
and appraisers as necessary to insure effective cross-discipline communications,
10, Paragon's Project Manager will promptly transmit all executed documents (acquisition agreements,
executed deeds, rental statements, statements of information, and the like) to the City for acceptance and
processing. Paragon will obtain reconveyance and subordination agreements as necessary.
11. The acquisition agent will coordinate opening of all escrows with direction from the Project Manager,
monitor same, assist the escrow company in obtaining additional documentation as necessary to provide
clear title to the City, supervise and review the closing of all escrows, and review all closing statements for
completeness and accuracy.
12. The Project Manager will prepare and deliver a written monthly progress report of the status of the
acquisitions. Paragon will be responsible for the accuracy of our work and promptly make any needed
revisions.
13. If absolutely necessary, the Project Manager will recommend condemnation action when negotiations
have reached an impasse. The required justification will be submitted in writing to the City.
14. Paragon will coordinate with the City's legal counsel, as required, to support the condemnation activities
until the Resolution of Necessity is adopted. Litigation support after the hearing for the Resolution of
Necessity is generally provided on a time and materials basis on call.
15. Paragon will obtain subordination agreements, and any other title clearance documents necessary.
Upon close of escrow, the original acquisition for file will be returned to the City.
16. Paragon will be available to assist the City with any file audits and return original files to the City.
17. Bilingual (Spanish) acquisition/relocation assistance services will be provided as needed.
18. Tax cancellation letters will be prepared for City signature, as necessary for fee Interest acquisition, as
the recorded Grant Deeds are returned from Recorder's office.
A City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 18
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UAL
W_kX
Paragon's relocation procedures, discussed below, assure that property is acquired and displacees are
relocated in accordance with the f=ederal Uniform Act and applicable State and/or Federal guidelines and
City policies. Arturo Perez or Richard Stewart, Principal Relocation Agents will meet with the City staff to
understand the scope of the relocation assistance required for every Contract Task Order (CTO).
Relocation Impact Report. A Relocation Impact Report may be required for the City's assigned project.
The Report will identify possible replacement resources and help to determine probable costs related to
relocating persons, or businesses displaced by the City's project. The purpose of the Report Is to facilitate
the orderly relocation of anyone displaced by the project and to give advanced warning of special problems
that may necessitate more lead-time than normal. In order to achieve its goal, the Report will explore and
document the needs of the households and businesses and provide the basis and background for
analyzing the orderly, timely, and efficient relocation of persons and businesses affected by each assigned
project.
As part of Report preparation, the displacees will be interviewed to determine their needs. The Report will
then be prepared along with any housing valuation studies that may be necessary, and it will include the
following information:
1. A list of the households to be displaced. including information such as owner/tenant status, rental rates
paid, family characteristics and special consideration of the impacts on minorities, the elderly, large
families, and the handicapped when applicable. The need for temporary relocations will be examined.
2. Estimates of (a) the number of comparable replacement dwellings and business sites in the area
(including price ranges and rental rates) that are expected to be available to fulfill the needs of those
households and businesses displaced, (b) relocation costs and schedules,
3. It it is determined that an adequate supply of comparable housing is not expected to be available, the
plan will include a recommendation and program of Last Resort Housing.
City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Properly Management Services Page 19
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The Relocation Plan will also include:
• A diagrammatic sketch of the project area
• A written analysis of the aggregate relocation needs of all persons and businesses to be
displaced and a detailed explanation as to how these needs can be met.
• A written analysis of relocation -housing resources including number of housing units needed
vs. number available, comparison by price range, number of bedrooms, and occupancy status.
• Program assurances and standards
• Eviction and Appeals procedures
• A plan for citizen participation
• Analysis of availability of replacement business sites.
• Discussion on the complexity and length of moving process in developing lead time estimate.
• Discussion of displacement impact on small financially constrained businesses.
• Identification of any special circumstances.or problems such as mobile home relocations.
The services to relocate residential and business displacees.are presented below. These services will be
performed by a Relocation Agent with the Project Manager's oversight. The Project Manager and Principal
Relocation Agents would handle complex relocations on a case-by-case basis.
Residential Relocation Assistance Procedures
1. Establish and maintain an accurate and complete working file for each displaced family or person.
2. Conduct personal, on site interviews of prospective displacees to ascertain relocation housing needs
and special requirements and determine eligibility.
3. Inform displaced persons of available relocation assistance and explain relocation process.
4. Prepare a Summary of Relocation Assessments and submit to the City for review and acceptance.
City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisitia?, Relocation and Property Management Services Page 20
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`7tK/ri J'tA.
5. Determine eligibility for and proposed amount of relocation benefits, including moving payments,
rental/down payment assistance and replacement housing payments, and calculate all relocation payments
and costs. Present relocation assistance offers.
6. Prepare replacement housing/down payment assistance entitlement reports for displaced households.
7. Present relocation assistance offers.
8. Provide advisory assistance to displacees, including but not limited to, assisting in locating a new
dwelling, assisting in obtaining moving services, and assisting in transferring property tax base, it applicable
to replacement housing.
9. Physically assist displacees in locating replacement housing. including transporting individuals to view
replacement sites, if necessary.
10. Refer displacees to social services, public housing and other public services as necessary, including,
but not limited to, Section 8 housing.
11. Prepare and distribute informational Brochures, Notices of Displacement, 90 Day Notices to Vacate
and other notices, as may be required.
12. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit
claim forms to the City for processing and payment, and coordinate timely payment of claims.
13. Inspect replacement dwellings to determine if they meet "decent, safe, and sanitary` requirements.
14. Monitor the move to, replacement site, as necessary.
15. Coordinate with the City to deliver benefit checks and other appropriate payments to claimants.
16. Issue and deliver notices to vacate property and notify the City of the need for eviction notices.
17. Provide displacees with ongoing advisory services to minimize tenant hardship.
18. Develop and maintain an informational per case tracking system and monthly status reports on the
disposition of relocation activities.
19: Review relocation appeals and prepare for review by the City.
City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 21
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1:ZYtww 1-.atd.
1. Prepare relocation assistance related claims, forms, and notices. Thoroughly interview displacee,
2. Establish and maintain an accurate and complete working file for each displaced business.
3. Inform displaced persons of available relocation assistance and explain relocation process.
4. Determine eligibility and present relocation assistance offers.
5. Provide advisory assistance to displacees, including lists of qualified movers.
6. Assist displacees in locating replacement business sites. Review any increased operating expenses.
7. Provide a minimum of one written referral to an available business site,
8. Prepare mover instructions for the move and inventory of personal property. Conduct on-site inventory
with photos; schedule and review bids; verify licensing of movers and contractors.
9. Prepare all applicable benefit claim forms after reviewing for eligibility, secure claimant's signatures on
claim forms, submit claim forms to the City for processing and payment and coordinate timely payment of
claims.
10. Ensure thorough coordination with Authority staff, Acquisition Agent, and/or legal counsel, so that no
real property is included on the personal property inventory list.
11. Coordinate the walk through for bids and move estimates with movers and the displaced business.
12. Secure a minimum of two moving bids or estimates and review them for reasonableness.
13. Advise business on benefits available, including, but not limited to, actual and reasonable moving
payments, re-establishment payments, search expenses and fixed payments, and recommend the best
alternative.
14. Review fixed payment (payment in lieu) criteria with business. Discuss and goodwill issues.
15. The Relocation Specialist will monitor the actual move to replacement site, as necessary.
City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 22
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Property Management Services
Paragon understands the importance of property management and is prepared to manage all acquired
properties in accordance with applicable policies and regulations until the properties are cleared and
released for construction, In addition, and in conjunction with relocation assistance personnel, Paragon's
property managers will coordinate with those dispiacees still in occupancy when title transfers, as well as
any tenants the City permits to occupy properties.
Under the direction and upon approval of the City, services pertaining to property management, include but
are not limited to, the following:
1. Coordination of all property management tasks with City staff.
2. Functioning as property management liaison between the City and property tenants,
3. Preparation of rental agreements and month-to-month occupancy agreements.
4. Provision of invoicing services and eviction coordination.
5. Collection of monthly rents.
6. Utility and meter disconnections or transfer of utility to City name, including trash service,
7. Provision of routine site inspections. Site security, including perimeter fencing and board-ups.
8. Facilitation and oversight of property maintenance services, such as for lawn care, graffiti
removal, and routine maintenance. Handling site emergencies and investigation of claims for
damages or destruction of property.
9. Complete vacancy of unit/property tasks. Provide demolition coordination.
C 3, Typical Schedule
The following page contains a typical acquisition, relocation and property management project schedule.
City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 23
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to Providing Quality, Budget and Schedule Control
Paragon will prepare a monthly status report in a form acceptable to the City. The report will be submitted
to the City's Project Manager with a copy to be included with the monthly billing. .
Pro(ect Tracking and Status Reporting
Paragon proposes to use its Right Of Way (ROW) Management software, PDQ, to
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manage dll of fhe data for the Projects, to track progress and to produce reports. PDQ
is a procedural innovation designed specifically for real estate/ROW data
management. It has the capability to integrate images, databases, GIS, word ??
processing files, spreadsheet files, maps, audio, and video. It provides project personnel with an easy-to
use, efficient tool to input, manage, and access project data. PDQ allows for the integration of scanned
documents and provides the capability to view 185 different file formats (including AutoCad/MicroStation).
It allows for full text retrieval and has a financial tracking component and a custom report generator that will
be used to generate Status Reports for the Project. The report will include the status of progress on each
41 assigned project through the end of the preceding month. The report will include the following information
along with any other information requested by the City:
Summary of work completed for the month and status of the project
Critical issues, problems requiring resolution, and recommendations for resolving the issue
. Identification of progress for each assigned task against the project schedule, and estimated
completion date for each task based on current progress
Paragon's Project Manager will be familiar with the current status of the project at all times and will be
available to the City for conference and communication at all times.
The following section presents Paragon's Quality Assurance/Quality Control Program, and Budget and
Schedule Control, Peter Carpenter will oversee Paragon's quality control process.
Uity of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 25
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1%
. F?"rtN•r• J-?tol. -
The Paragon Quality System is designed to achieve continuous improvement and Quality Goals on each of
the firm's projects. Implementation of the Quality System will control project costs by minimizing re-work
and omissions. The elements of the system are detailed in the Paragon Quality Manual and meet:
• Applicable laws, guidelines, and licensing requirements
• Prevailing industry standards
• Contract requirements
• Client quality expectations
The Paragon Quality System is composed of the Quality Assurance Program (OAP), Quality Control
Program (QCP), and Quality Improvement Program (QIP), A project specific Quality Control Plan is
prepared for each project. The Quality Control Plan will include sample forms and checklists to be used by
the project team throughout progress of the work.
As an integral part of the Paragon Corporate Quality Assurance/Quality Control Program and to assure
uniformity in training, knowledge, and job skills of all Paragon employees involved in providing acquisition
and relocation assistance to public sector clients, Paragon initiated an in-house education and training
program. The 40-hour course, developed and conducted by William Von Klug, SR/WA, RIW-RAC, a
certified Instructor for the International Right of Way Association, Is mandatory for all employees working on
public projects. The course includes a detailed analysis and comparison of Federal and California
appraisal, acquisition, and relocation requirements. Paragon also offers employees assistance with
ongoing Project Management, IRWA and other industry courses.
Cost Control
Paragon will maintain cost-tracking reports that identify budgeted or estimated costs versus actual costs
expended in order to monitor the project budget. The cost-tracking report will identify each item (i.e. parcel
estimated cost of acquisition versus parcel actual cost of acquisition or relocation assistance estimated
City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 26
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1%
price differential versus actual price differential). Our ability to track these costs will keep the City regularly
informed of the overall project costs. Paragon, as Real Estate Program Manager for the Alameda Corridor
East Construction Authority, has maintained detailed cost reports in Primavera for the past 10 years.
These reports track costs and the Task Parcel level for each Grade Separation Project including tracking
costs for over 30 subconsultants.
Scheduling
As applicable to the project assignment, Paragon Will develop a task driven acquisition schedule in
Microsoft Project indicating critical milestones for the assigned project. The detailed schedule will be
presented to the City as a draft at the project kick-off meeting and will be finalized after obtaining input from
the City. The schedule will be updated monthly to track planned versus actual as to deliverables and
progress. The Project Manager will closely monitor the right of way schedule and progress to determine
slippage of any tasks or deliverables and how any issues can be mitigated to prevent further delays or an
impact to the final due date and overall project schedule. Milestones and tasks required to meet critical
deadlines will be monitored regularly.
C 5. Potential Special Issues
Paragon understands that the City is planning several projects. These projects include the Bristol Street
Widening Project (Phases i - IV), Grand Avenue Widening (First Street to Fourth Street); 17th and Bristol
Street Intersection Widening and the Bristol Street and Warner Avenue Intersection Widening. Below are
photos illustrating a sample of the project areas and discussion of potential right of way issues.
Uny or Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 27
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C 6. Procedural and Technical Innovations
Paragon personnel have helped implement a variety of innovative practices in all areas of the current
Scope of Work, including acquisition and relocation services.
Innovative Acquisition and Relocation Procedures - On April 1, 2009, FHWA issued a 'Temporary
Programmatic Waiver" of its acquisition and relocation regulations. Since FHWA is the lead federal agency
for the promulgation of acquisition and relocation regulations, this waiver is critical for all federally funded
projects. In addition, this waiver can be used to justify amending acquisition and relocation procedures in
non-federally funded projects. According to the FHWA, the waiver was created because of the "current and
historically unique negative equity housing situation". This waiver affects both acquisition and relocation
procedures. it is primarily a two step process. Step one: the FHWA will allow state DOTS to make
administrative settlements to resolve acquisition problems when property that is being acquired is valued
less than the principal owed on the mortgage. The FHWA gave this example: a property's just
compensation offer is $150,000 and the owner has a bona fide mortgage balance of $200,000. The FHWA
will consider allowing the state DOT to make an administrative settlement for the amount owed on the
mortgage.
Step two is the biggest departure from the regulations. Normally under the Uniform Relocation and Real
Property Acquisition Policy Act (URA) regulations if there is an increase in an offer to acquire property from
a residential owner-occupant then that owner-occupant's Purchase Price Differential (PPD) will decrease
the exact amount of the acquisition increase. With this temporary waiver the FHWA will entertain payment
of a.PPD as if there were no increase in the acquisition offer. It is critical that agencies understand: 1) that
the waiver is purely voluntary on the part of the local agency and 2) that in an FHWA-funded project the
waiver is subject to prior approval by the FHWA. In projects without any federal funds state rules apply. It is-
generally accepted that the state rules were intended to mirror the federal rules and that the state
are minimum standards for
City of Santa Ana RFP for Right Of Way Consulting and Related Services
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services
agencies. With this in mind there should be
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r a atspiacing agency, wdh no federal funds in their project, to adopt a similar policy as
outlined in the FHWA Temporary Programmatic Waiver. Therefore, the City could use this programmatic
waiver to better serve residential displacees whether there was federal funding or not. While the waiver is
set to expire on January 1, 2011, it may be extended due to the current economic climate.
Possession and Use Agreements
Similarly, Paragon will evaluate the usefulness of gaining possession of parcels through Possession and
Use agreements. Possession and Use agreements are employed when a settlement has not been reached
with the owner and condemnation does not appear to be the appropriate course of action. In these cases,
the owner will be given the option of receiving compensation based on the City's estimate of just
compensation or payment of interest on the settlement amount. In exchange, the City will have the legal
right to possess and use the owner's property prior to execution of a Right of Way Contract. The judicious
use of Possession and Use agreements will allow the City to gain control of key parcels without going
through lengthy settlement negotiations and/or condemnation before the right of possession is gained,
0. Exceptions/Deviations
Paragon takes no exceptions to the requirements of the Request for Proposals or to the terms of the
Proposed Agreement.
City of Santa Ana RFP for Right of Way consulting and Related Services November 15, 2010
Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 30
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FYlrovjot???t»?r? ?..?Eat.
E. Cost and Price Proposal -?-^
Exhibit A - Part I List of Key Personnel and Part ll List of Subconsultants
Exhibit A
Right of Way Consulting and Related Services Page 1 ofi
PART I - LIST OF KEY PERSONNEL
Names Functions
Neilia LaValle Princi al-in-Char e
Mark Mendoza, J.D., MRED Corporate Broker
Richard Adler Project Manag er
Peter Carpenter, J,D. QA/QC Manager
James Lemont Principal Acquisition A enUPrinci al Property Manager
Richard Stewart Principal Acquisition Agent/Principal Relocation Agent
Arturo Perez Principal Relocation Agent
PART II -- LIST OF SUBCONSULTANTS/SUBCONTRACTORS
Subcontractor Name/Address Function
None
wry 01 aanra Ana nrr ror rognt of way Consulting and Related Services November 15, 2010
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EXHIBIT B
FEE SCHEDULE
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Exhibit B - Price Summary Sheet
Exhibit B
Page t-of'l
Right of Way Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE I - HOURLY RATES
M?
Name . Job Title/ .
Classification Job Function Fully Burdened
Hour1 ?ate*
Neilia LaValle Principal-in-Charge Project Oversight $165
Mark Mendoza Corporate Broker Project Oversight $165
Richard Adler Project Manager Project Management $135
Peter Carpenter, J.D. Senior QA/QC Manager Quality Control $150
James Lemont Principal Acquisition Agent /
Property Mana er Acquisition /Property
Mana ement Services $110
Richard Stewart Principal Relocation Agent Relocation Services $110
Arturo Perez Principal Relocation Agent Relocation Services $110
Konstantin Akhrem Principal Relocation Agent Relocation Services $110
John Hemer Principal Relocation Agent Relocation Services $110
David Hudson Principal Relocation Agent Relocation Services $110
Hernando Avilez Senior Relocation Agent Relocation Services $95
Craig Chong Senior Acquisition Agent
Senior Relocation Agent Acquisition / Relocation
Services $95
John Delavf ne, J.D. Senior Acquisition Agent Acquisition Services $95
April Harvey Senior Acquisition Agent Acquisition Services $95
Deborah Martinez Senior Acquisition Agent
Senior Relocation Agent Acquisition/ Relocation
Services $95
Jeremy Miller Senior Acquisition Agent
Senior Property Manager Acquisition /Properly
Management Services $95
Robyn Quinlan Senior Acquisition Agent Acquisition Services $95
Yolanda Flores Relocation Agent Relocation Services $85
Maria Simon Acquisition Agent
Property Mana er Acquisition /Property
Management Services $85
Mina Villalobos Acquisition Agent
Relocation Agent Acquisition / Relocation
Services $85
Kris Williamson Acquisition Agent
Pro ert Mana er Acquisition /Property
Mana emeni Services $85
'Fully BurdeneT rates include all overhead, general costs, administration costs and profit.
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