HomeMy WebLinkAboutLIDGARD AND ASSOCIATES 7 -2014INSURANCE ONi FILE * Need Pw%zwal IM,
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CLERK OF COUNCIL
DATE
AGREEMENT FOR PROVISION OF
APPRAISAL CONSULTANT SERVICES
N- 2014 -035
THIS AGREEMENT, made and entered into this 15` day of January, 2014 by and
between Lidgard and Associates, 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 issued Request for Qualifications (RFQ 13 -053) on September 12,
2013, in order to retain a consultant having special skill and knowledge in the
field of professional real estate appraisal services.
B. Consultant represents that Consultant is able and willing to provide such
services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it
is knowledgeable in its field and that any services performed by Consultant
under this Agreement will be performed in compliance with such standards as
may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide real estate appraisal consulting services, including
preparation of studies and technical reports and other necessary services, on an on -call
basis, at the written direction of the Executive Director of the Community Development
Agency, or his /her designee, in compliance with the Scope of Work, attached hereto and
incorporated herein as Exhibit A. The Consultant will provide an experienced, educated
and professional team, whose Project Manager and staff shall be responsive and maintain
excellent working relationships with City staff. The Consultant shall be committed to
provide adequate staffing levels at all times in order to adhere to established schedules.
Consultant acknowledges and agrees to all of the terms and conditions of each of the
exhibits attached hereto and incorporated herein.
2. REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be
the Executive Director of the Community Development Agency, or his /her designee, and
the representative of the Consultant shall be the Program Manager or his /her designated
representative. Except as may be otherwise stated herein, such representatives shall have
the authority to act on behalf of their respective parties in carrying out the terms of this
Agreement.
3. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and
perform this Agreement and will perform its obligations hereunder in accordance with
standards and practices prevailing in the industry. Consultant's contribution to the
Project, including works to be produced by Consultant hereunder, will not infringe or
misappropriate the proprietary or personal rights of any third person or party. Consultant
shall deliver to City any work product which results from the services provided. Said
work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the Project Manager and Consultant.
4. 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
and incorporated herein as Exhibit B. The total sum to be expended under this
Agreement shall not exceed $25,000.00 during the term of this Agreement.
b. Invoices. Consultant shall submit a monthly invoice by the fifteenth of the
month to the City for the services rendered in the prior month. All invoices for work
performed under this contract shall be submitted in a format approved by the City.
Invoices shall include the following information at a minimum:
i. Consultant's invoice number
ii. Beginning and ending dates of services
iii. City project number and /or name (if applicable)
iv. Work site address /location (if applicable)
V. Unit cost, subtotals and total for invoice
c. Payment by City shall be made within forty -five (45) days following receipt
of proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance of
a professional real estate appraisal consultant.
5. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2017, unless terminated earlier in accordance with Section 14, below. The
term of this Agreement may be extended by a writing executed by the Executive Director
of Community Development Agency and the City Attorney.
6. 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
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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.
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 and in the aggregate. Such insurance shall be endorsed as follows: (a) name
the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self - insurance
programs maintained by the City; and (c) contain standard separation of insureds
provisions. (Sample Additional Insured Endorsement attached hereto as Exhibit C.)
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.
£. 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.
8. 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 negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct
of Consultant 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 asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from
this Agreement. City may make all reasonable decisions with respect to its representation
in any legal proceeding. Notwithstanding the foregoing, nothing herein shall be
construed to require Consultant to indemnify the indemnified parties from any claim
arising from the sole negligence or willful misconduct of the indemnified parties.
9. 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
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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.
10. 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.
11. 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 -1.988
Fax 714 - 647 -6956
Courtesy copies to:
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M -25)
P.O. Box 1988
Santa Ana, California 92702
Fax 71.4- 647 -6549
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714 - 647 -6515
To Consultant: Lidgard and Associates, Inc.
2592 N. Santiago Blvd.
Orange, California 92867
Attn: Scott Lidgard, MAI, COW
Phone (714) 633 -8441
Fax (714) 633 -8449
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.
12. 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.
13. 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.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of termination. In such event, Consultant shall be entitled to receive and the City
shall pay Consultant compensation for all services performed by Consultant prior to receipt
of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant
to deliver to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate. 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.
15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Consultant shall carry out all services pursuant to this Agreement in substantial
conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders,
and decrees of the United States, the State of California, the County of Orange, the City,
and of any other political subdivision, authority, or instrumentality exercising jurisdiction
over the City, including all applicable federal, state, and local occupation, safety and
health laws, rules, regulations and standards, applicable state and Federal labor standards,
prevailing wage requirements, the City zoning and development standards, City permits
and approvals, building, plumbing, mechanical and electrical codes, as they may apply,
and all other provisions of the City and its Municipal Code (as they may apply), and all
applicable disabled and handicapped access requirements, including, without the
limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government
Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq.
16. 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.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
18. 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 frilly, 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.
{Signatures on following page}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Bye
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Interim Exe tive Dire�t6r
Community ev*lo�In Agency
E
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONSULTANT
Lidgard and Associates, Inc.
President
LIST OF EXHIBITS:
Exhibit A — Scope of Work
Exhibit B — Proposers Statement & Fee Schedule
Exhibit C — Additional Insured Endorsement
Exhibit D — References
Exhibit E — Proposal & Contract Agreement /Proposers Statement
Exhibit F — Certification of Non - Discrimination
Exhibit G — Non - Collusion Affidavit
10
EXHIBIT A
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES
SCOPE OF SERVICES
The Community Development Agency issuing this Request for Qualifications (RFQ) for Appraisal
Services to obtain professional appraisers for non - condemnation purposes exterior -only appraisals and
appraisals with inspections on an as needed basis.
The Community Development Agency is seeking a professional appraiser to provide the following
services:
• Single Family Residence Drive -by Appraisals (One to Four Units)
• Single Family Residence Appraisals with Inspection (One to Four Units)
• Income Property Appraisal, both Commercial and Residential
• Desk Reviews
• Field Reviews
The Agency will enter into a contract with the individuals or firms selected to provide these services.
City of Santa Ana Community Development Agency
Request for Qualifications Appraisal Services
Page 9
.11 IN .1 AXIS,
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company
5'4rs�"
This endorsement modifies such insurance as is afforded by the provisions of Policy # eo,,,i
relating to the following;
1. The City of Santa Ana, 20 Civic Center Plaza M•37, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are names as additional insured(s)
( "additional insured(s)" with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by on behalf of the
named insured, such insurance as is afforded by this policy is primary and is not additional to
or contributing with any other insurance carried by or for the benefit of additional insured(s).
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person of
organization as an Insured shall not affect any right which such person or organization would
have as a claimant If not so included.
4. With respect to the additional insured(s), this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30) days written notice has been given to the
City of Santa Ana, 20 Civic Center Plaza M -37, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective /a /5'"Z 803 this endorsement form as part of
Policy# `G� �j�OZZ��F33gS 6in/� �LfOZZ�}�8y�/
Issued to &Kr > AL- —r C IAA/
Name Insured
Countersign.
City of Santa Ana Community Development Agency
Request for Qualifications Appraisal Services
Page 12
EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES
THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages
If required for additional references. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name: 0,2y 7 csAr3TA MO Contract Individual: 5trftr,l "%�(a�,45
/�,u tjr WocKS 1q6GJG1
Address: 2p G',ViG r,z„a���`1L Phone Number: �21y) X04 -7 —SGSS
SWr.A ?iNtA , Q.A 9Z-70 Z. Facsimile Number:
Contract Amount:C5 Year: /i%C/�T�l T/
Description of appraisal services provided: � �� L A: >Z2 rrs
S�vlc.rcS �ifiiN6 �RG(L `��,�" �e.�ccs
Reference No. 2
Customer Name: C,t t :T"NGC.E WOO Contract Individual: S.W� VA g4rk5 v
as.soo
Address:NOfE� gi-y.0 —.Phone Number:
..+''vGGEWPdO ofi * 30 /Facsimile Number:
Contract Amount: �j�G'(GS Year: tilvanp�� }�,es
Description of appraisal services provided: 0&L_ 05 j,A rE f%��ffjS�L
City of Santa Ana Community Development Agency
Request for Qualifications Appraisal Services
Page 13
Reference No. 3
Customer Name: Ct TZy elro UE�Contract Individual:
Address: Phone Number: L$rvZ 570
9p8°
pp.!(, "t�,�� Q✓9-- Facsimile Number:
Contract Amount: Year:l1 L ri�LGf
Description of appraisal services provided:
::�ta'��✓tG� -S �tL'7-J.n/G `�fff..L' �idi�2'.�G' ZDa.S
City of Santa Ana Community Development Agency
Request for Qualifications Appraisal Services
Page 14
EXHIBIT E
CITY OF SANTA AND COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES
PROPOSAL & CONTRACT AGREEMENT
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her
signature and official seal noting here on the action of approval of the Council, signed by the Executive Director
or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form for this
document, and its execution, and when it or an exact copy of it ahs be either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish
City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays
and City's legal holidays), or the funds, check drafts, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damagers due to the delay and other causes suffered by City because of failure to enter into an Agreement
and /or furnish necessary bonds and because it is distinctly agreed that the proof of damages actually suffered
by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof
shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in
the RFQ schedule are solely for the purpose of comparing qualifications, and that final compensation under the
contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the
Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are
made specifically as part of this RFQ.
TO BE INCLUDED IN PROPOSAL
City of Santa Ana Community Development Agency
Request for Qualifications Appraisal Services
Page 15
EXHIBIT F
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following:
employment, upgrading, demotions, or transfer; recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreements or other contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the Contractor's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Contractor complies with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and order of the Secretary of Labor, or pursuant
thereto, and will permit access to his/ her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event the Contractor's non - compliance with the non - discrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or
federally assisted construction/ services contracts in accordance with procedures authorized in
Executive Orders 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations,
or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued'pursuant to Section 204 of Executive
City of Santa Ana Community Development Agency
Request for Qualifications Appraisal Services
Page 16
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or
purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Contractor may request that the United States enter such litigation to
protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as
amended, no discrimination shall be made in the employment of persons because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of
such persons, except as provided in Section 1420, and any Contractor violating this Section is subject
to all the penalties imposed for a violation of the Chapter.
FIRM
/.D6AfzD A ff0 /TLS S0ci A -7-E5, /NG
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DATE
Uty of Santa Ana Community Development Agency
Request for qualifications Appraisal Services
Page 17
TO BE INCLUDED IN PROPOSAL
EXHIBIT G
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES
NON - COLLUSION AFFIDAVIT
CITY OF SANTA ANA
PROPOSAL AND CONTRACT AGREEMENT
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the City of SANTA ANA COMMUNITY DEVELOPMENT AGENCY
In accordance with Title 23 United State Code Section 112 and Public Contract Code 7106 the PROPOSER
declares that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any
manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid
price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or
of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that
the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any
corporation, partnership, company associations, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note; The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non - collusion Affidavit. PROPOSERS are
cautioned that making a false certification may subject the certifier to criminal prosecution.
State of California
County of _ cttlq E -_54a7-r_,4- L r a6
Sub cribed and sworn to (or affirmed) before me on this 15- day of ��4�, 20_I —, by
y i LA) proved to me on the basis of satisfactory evidence to the person(s)
who ap eared before me.
MAYRA GgRC1A
Commlcsion NRCIA 5
(emny PubOc - CallrornN
Notary Public Se
al W orlinpocounty
m,8m20
City of Santa Ana Community Development Agency
Request for Qualifications Appraisal Services
Page 18
Aiw x CERTIFICATE OF LIABILITY INSURANCE
4/ioi2f iQ '
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
cartlficate holder In lieu of such endorsement II .
PRODUCER
Commercial Management Insurance Services Inc-
CA License OD85858
22875 Savi Ranch Pkwy, Suite K
Ycrba Linda CA 92887
Phyllia Wilcox
DN (714) 414 -1167 IFJ9. N1b (714) 414-1195
.pwilcox @c4is- ins.com
INSURMS AFFORDINOCOVNAIC0
INSURERA:National Fire Ins.0478
LIMITS
INSURED
Lidgard 6 Associates Inc.
2592 N Santiago Blvd
Orange CA 92867
INSURER a%Continental Insura
5289
WGF
INSURERc %Continental Casual0443
INSURERD:Valle Fore Ina C0508
INSURER •
EACH OCCURRENCE
INSURER F:
;TU1
COVERAGES CERTIFICATE NUMSER:14 -15 MASTER REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TL
TYPE OF INSURANCE
I wul
NAR
my..
WIh
POUCYNUMBER
IMPOWPA
LIMITS
GENERALLUU LITY
EACH OCCURRENCE
S 2,000,000
;TU1
5 300,000
A
X COMMERCIALGENERALUABILNV
CLANS-MADE ®OCCUR
X
4022990395
a Ov (^,�i) +/�'
n4/2n��14 ,('
e5
4"(015
--
MBDEXP VW4 Pelson)„
S 10,000
ERSOHAL S ADV INJURY
S 2,_000, 000
GENERAL AGGREGATE
S 4,000,000
OWL AGGREGATE
X POLICY
UNIT APPLIES PER:
PR0. LOC
PRODUCTS - COMPIOP AGO
S 4,000,000
�.,___..
.. , `;A E
" •}(
v:T i).
$
B
AUTOMOBILE
LIABILITY
ANY AUTO
�OOSMED S(CHHEOULED
HUM AUTOS AAUTOS D
'' t"
4022990431
/4/2014
/4/2015
DIG
1 000 000
X
BODILY INJURY (Per POW)
S
BODILY INJURY(Pw xddam)
S
S
unhNmd mebnel 6l lelit enL
$
X
UMBRELLALNB
X
OCCUR
EACH OCCURRENCE
S 3,000,000
AGGREGATE
f 3,000,000
C
EXCESS LIAB
CLANS-MADE
D I X I RETENTION S 10,00
402299GS26
/4/2014
/4/2016
S
®
RDI OOVOW
LLMMUTY AND
ANY PROPMETOMPARTNERAZOWIVE YJN
OFFXxImMEMamt EXCLUDED? ®
4MandAtonVN
D IPTION OF OPERATIONS bebw
NIA
y
422998476
/4/2014
/4/2015
X TAN - 0TH•
EA. EACH ACCIDENT
$ 1.000,000
E.LDISEASE- EAEMPLOYE
S 11000,00 0
EL DISEASE - POLICY LIMIT
S 11000,000
OOSOmPnON OF OPERATIONS I LOCATANJS /VEJWM (AHrh ACORD tOLAd4ieonel Rmvub Sohedulo, NRNrro SPA64 r4 roePNPdI
THE CITY OF SANTA ANA, ITS OFFICERS, ENJPIAYEES, AGENTS, VULHJNTBER9 ARE NAMED AS ADDITIONAL INSUREDS WITH
REGARD TO GENERAL LIABLITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USES PERFORMED BY OR ON
BEHALF OF THE NAMED INSURED AND WITH RESPECT TO CLAIMS ARISING OUT OF TIM OPERATIONS AND USES PERFORMED
BY OR ON BEHALF OF THE NAMED INSURED AS PER THE ATTACHED BB- 146935 -C (Ed. 011 /06) WHICH ALSO INCLUDES
PRIMARY AND NON - CONTRIBUTORY WORDING WITH ANY OTHER INSURANCE CASIRIgn BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSURED.
THIS INSURANCE APPLIES SEPARATELY TO EACH INSURED AGAINST WHO CLAIM IS MADE OR SUIT 13 BROUGHT EXCEPT
THE CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
BANTA ANA, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISION&
AUTHORIZED
Wakely /PHYLL
reserved.
IN5026 (2DIOXI01 The ACORD name and 1000 are realstered marks of ACORD
i�
i�
I�
POLICY ff: 54022998395
SB- 146935 -C
(Ed. 06111)
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
WiTH PRODUCTS COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following.
BUSINESSOWNERS LIABILITY COVERAGE FORM
A. Paragraph C. WHO IS AN INSURED Is amended to C. The Insurance provided to the additional insured does
Include as an additional insured:• not apply to "bodily injury," "property damage,° or
1. Any person or organization whom you are "personal and advertising injury" arising out oC
required by written contract to add as an additional a. The rendering of, or the failure to render, any
insured on the Businessowners Liability Coverage professional architectural, engineering, or
Form. surveying services, including:
S. The insurance provided to the additional Insured is
limited as follows:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your
behalf
in the performance of your ongoing operations
specified in the written contract; or
c. 'Your work" that Is specified in the written
contract but only for "bodily Injury" or "property
damage" Included In the products completed
operations hazard, and only 9 t
(1) The - written contract requires you to
provide the additional Insured such
coverage; and
(2) This Coverage Form provides such
coverage.
2. We will not provide the additional insured any
broader coverage or any higher Wall. of insurance
than the least that Is:
a. Required by the written contract:
b. Described in B.I. above; or
c. Afforded to you under this policy.
3. This Insurance is excess of all other insurance
available to the additional Insured, whether on a
primary, excess, contingent or any other basis.
But If required by the written contract, this
Insurance will be primary and non-contributory
relative to Insurance on which the additional
Insured is a Named Insured.
(1) The preparing approving, or falling to prepare
or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; and
(2) Supervisory, inspection, architectural or
engineering activities.
b. "Bodily Injury," "property damage' or "personal.
and advertising Injury" arising out of any premises
or work for which the additional insured is
specifically •listed as an additional insured on
another endorsement attached to this Polley.
D. Section E. of the Businessowners General Liability
Conditions is amended as follows:
The Duties in the Event of Occurrence, Offense,
Claim or Suit condition is amended to add the
following additional conditions applicable to the
additional insured:
An additional Insured tmdar tide endorsement "It as
soon as practioebte:
a. Give us written notice of an "occurrence" or an
offense which may result in a claim or "suit" under
this insurance, and of any claim or "suit" that does
result;
b. Tender the defense and indemnity of any claim or
"suit" to any other insurer or self insurer whose
policy or program applies to all loss we cover
under this Policy;
c. Except as provided in Paragraph B.3. of this
endorsement, agree to make available any other
Insurance the additional Insured has for a loss we
cover under this Polio); and
d. Send us copies of all legal papers received, and
otherwise cooperate with us In the Investigation,
defense, or settlement of the claim or "suit."
We- have no duty to defend or indemnify an'
y� yip �y O E C dt �l net Insured under this endorsement until we
J1T,&:�.CLIJ�I Pmt✓' .Pi7 �.,1 f:�
SB•146935 -C Page 1 of 3
(Ed. 06111) _. ._M> .fiDO
E.
a ssi.,Aant Q v JAttorney
� j,j
POLICY #i: B4022998395
receive from the additional Insured written notice
of a claim or "suit "
E. with respect only to the Insurance provided by this
endorsement, the first sentence of Paragraph H.I.
Other Insurance Condition in the Businessowners
Common Policy Conditions, is deleted and replaced
with the following:
Otherinsurance
1. This insurance is primary and non - contributory
except when rendered excess by this
endorsement, or when Paragraph 2. below
applies.
F. The provisions of 'the written contract or written
agreement do not in any way broaden or amend this
Policy.
G. Blanket waiver of Subrogation
We waive any right of recovery we may have against:
1. Any person or organization with whom you have a
written contract that requires such a waiver.
H. Broad Knowledge of Occurrence
The following items are added to E. Businassowners
General Liability Conditions in the Businessowners
Liability Coverage Form:
a. Paragraphs a. and b. apply to you or to any
additional Insured only when such "occurrence,"
offense, claim or "suit" Is known to:
1. You or any additional Insured that is an
Individual;
(2) Any Iffier, If you or an additional
Insured is a partnership;
(3) Any manager, if you or an additional
Insured Is a limited liability company;
(4) Any "executive officer" or insurance
manager, it you or an additional insured is
a corporation;
(5) Any trustee, if you or an additional
Insured Is a trust; or
(8) Any elected or appointed official, 9 you or
an additional insured is a political
subdivision or public ontity.
This paragraph e. applies separately to you
and any additional Instead.
ir1''tJ
Section F. Liability and Medical Expenses
Definitions, item 3. " Bodily Injury" is deleted and
replaced with the following:
"Bodily Injury" means bodily Injury, sickness or
disease sustained by a person, Including death,
humiliation, shook, mental anguish or mental injury by
SS- 146936 -C
(Ed. 05111)
SB- 148935 -C
(Ed. 88111)
that person at any time which results as a
consequence of the bodily injury, sickness or disease.
J. Expanded Personal and Advertising Injury
Definition
A. The following is added to Section F. Liability and
Medical Expenses Definitions, Item 14.
Personal and Advertising Injury, in the
Businessowners General Liability Coverage
Form:
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a natural
person, but only if such discrimination or
humiliation is:
1. Not done Intentionally by or at the
direction of
a. The insured; or
b. Any "executive officer." director,
stockholder. partner. member or
manager Of you are a limited liabiity
company) of the Insured; and
2. Not. directly or indirectly related to the
employment, prospective employment,
past employment or termination of
employment of any person or person by
any Insured.
B. The following is added to Exclusions, Section S.:
(15)Discrimination Relating to Room, Dwelling
or Promises
Caused by discrimination directly or indirectly
related to the sale, rental, lease or sublease
or prospective sale, rental, lease or sublease
of any room, dwelling or premises by or at the
direction of any Insured.
116) Fines or penalties
Fines or penalties levied or imposed by a
govemmental entity because of
discrimination.
C: This provision (Expanded Personal and
Advertising Injury) does not apply 9 Personal
and Advertising Injury Liability Is excluded
either by the provisions of the Policy or by.
endorsement.
D. Personal arid, Advertising Injury Re- defined
Section F. Liability and Medical Expenses
Definitions, item 14, Personal Advertising Injury,
Paragraph c, is replaced by the following;
c. The wrongIul.'z ctton from, wrongful entry
Into, o010asion of the right of private
ok¢t�1'pancy of a room dwelling or promises
o-4'; Pthat a pars ri or organization occupies
M^y V/ V
„too
Page 2 of 3
F*` 4. \ �1
CNA
POLICY #: 84022999395
SB- 146935 -C
(Ed. 06111)
committed by or on behalf of Its owner,
landlord or lessor.
Rsslstan�
SB- 146935•C
(Ed, 06111)
Page 3 of 3