HomeMy WebLinkAbout25L - AGMT - PROPERTY MANAGEMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 15, 2017
TITLE:
AGREEMENTS FOR ON-CALL RIGHT-OF-
WAY ACQUISITION AND RELOCATION
SERVICES AND FOR ON-CALL PROPERTY
MANAGEMENT SERVICES
(NON -GENERAL FUND)
(STRATEGIC PLAN NO. 6, 1G)
CITY ANAGER
RECOMMENDED ACTION
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 � Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute agreements with Overland,
Pacific & Cutler, Inc., and Paragon Partners, LTD, to provide on-call right-of-way acquisition
and relocation services for a three-year term beginning August 16, 2017, and expiring August
15, 2020, with provisions for one, two-year renewal option exercisable by the City Manager
and City Attorney, in an amount not to exceed $300,000 for each firm, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute agreements with Overland,
Pacific & Cutler, Inc., and Paragon Partners, LTD, to provide on-call right-of-way property
management services for a three-year term beginning August 16, 2017, and expiring August
15, 2020, with provisions for one, two-year renewal option exercisable by the City Manager
and City Attorney, in an amount not to exceed $300,000 for each firm, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City continues to acquire certain properties for roadway improvements and widening in
support of delivering the approved Capital Improvement Program. As a result of these
acquisitions, the City is legally obligated to provide relocation assistance to displaced tenants and
businesses, and to manage vacated properties during the transition period of obtaining title and
the construction of improvements. Therefore, the recommended action will provide for on-call
acquisition services and relocation assistance, and on-call property management services, as
needed, until the Public Works projects are completed (Exhibits 1, 2, 3, and 4).
The current capital projects which require these services include the Bristol Street and Warner
Avenue improvement projects. In addition, these on-call services will support City staff in the
day-to-day oversight of right-of-way and property management tasks, such as deed research and
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Agreements for On -Call Acquisition & Relocation and On -Call Property Management Services
August 15, 2017
Page 2
cost estimates for all Public Works projects; reviewing existing leases, licenses, franchises,
easements, permits, and other agreements; and providing comprehensive maintenance services
for City properties.
On June 13, 2017, the Public Works Agency released a Request for Proposals (RFP) to qualified
consulting firms to provide on-call right-of-way acquisition -relocation and property management
services. The RFPs were also posted on the City website. A total of 6 proposals were received
for Right -of -Way Acquisition and Relocation services, and a total of 3 proposals were received for
Property Management services. All proposals submitted were deemed responsive. These
proposals were evaluated by personnel from the Public Works Agency and the City Attorney's
Office. Each firm was rated according to its qualifications, experience, staffing capacity to
perform the required work, and proposed cost and pricing data. The following is the list of the
firms and their respective scores:
/A91 Aennicifinn and RPlncafinn Services
1. I
Overland Pacific & Cutler (OPC), Inc.
90
2.
1 Paragon Partners, LTD
87
3.
CPSllnc.
81
4.
Security Land and Right of Way Services, Inc.
76
5.
Epic Land Solutions, Inc.
74
6.
Bender Rosenthal, Inc.
74
IA91 Prnnartv MannnPmPnf Services
1.
Paragon Partners, LTD
91
2.
Overland Pacific & Cutler (OPC), Inc.
87
3.
Epic Land Solutions
78
Based on the ratings, staff recommends that the top two firms in each of the categories be
retained for the respective on-call services, as indicated in the Recommended Action. Most of
the proposing firms have assisted the City or other public agencies with right-of-way acquisition -
relocation and property management services in the past and they have all demonstrated good
track records.
In order to enhance the City's economic development efforts and promote accountability, the
Community Development Agency and Finance & Management Service Agency will partner with
the Public Works Agency in the administration and implementation of these agreements. The
Community Development Agency will assist and provide guidance with regards to relocation
assistance for displaced businesses, managing and marketing the inventory of vacant properties,
and provide economic development opportunities/incentives that may help facilitate successful
negotiations with property owners. The Finance & Management Services Agency will assist with
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Agreements for On -Call Acquisition & Relocation and
On -Call Property Management Services
August 15, 2017
Page 3
the review of rental agreements and rent collections to ensure accountability. This collaborative
effort will provide for more efficient and effective results.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (Establish and Maintain a Community Investment Plan for All City
Assets), Strategy G (Develop and Implement the City's Capital Improvement Program in
Coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works
staff must receive Finance & Management Services Agency approval of funding and accounts to
ensure that funds are available under the authorization and aggregate limit of these agreements.
Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing
specific scope and maximum expenditure for the task order will be issued to a firm. Funding for
these services is available in prior year and the current FY 2017-18 approved CIP budgets, and
will be budgeted in future CIPS.
4Fr6Mouvipour
Executive Director
Public Works Agency
FM/MM/WG/KN/ML
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez D
Executive Director (V
Finance & Management Services Agency
Exhibits: Agreements:
1. Acquisition and Relocation Services — Overland Pacific & Cutler, Inc.
2. Acquisition and Relocation Services — Paragon Partners, LTD
3. Property Management Services — Overland Pacific & Cutler, Inc.
4. Property Management Services — Paragon Partners, LTD
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AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY
ACQUISITION AND RELOCATION SERVICES
THIS AGREEMENT is made and entered into this day of August, 2017 by and between
Overland Pacific & Cutler (OPC), Inc., a California corporation ("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 ("City").
RECITALS
A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought
consultants to provide on-call right of way acquisition and relocation services in connection
with various street improvement projects.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services as described in the
scope of work that was included in RFP No. 17-065 for acquisition and relocation services
and attached as Exhibit A to this Agreement.
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
terns and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the
acquisition and relocation services that are described in Scope of Services - Exhibit A, attached
hereto and incorporated by reference. Consultant's proposal is incorporated by reference as
though fully set forth herein.
2. COMPENSATION
a, City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The
total amount to be expended shall not exceed $300,000 during the term of the
Agreement, including any extension periods exercised under Section 3.
b, 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 set forth
in the Recitals which may reasonably be expected by City.
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EXHIBIT I
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klINERVaiuTi
This Agreement shall commence on the date first written above and continue for three 3
eY ars, tmless terminated earlier in accordance with Section 13, below. The term of this Agreement
maybe extended for up to one additional two (2) year period upon a writing executed by the City
Manager and the City Attorney,
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire tern 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.
S. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
G. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
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EXHIBIT 1
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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, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
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.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 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. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $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 by the City.
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.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
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 shaI1 not affect
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.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, 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
EXHIBIT 1
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negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its 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 Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. 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 infornation includes not only written information, but also
infonnation 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
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EXHIBIT 1
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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.
11. 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. Conflict may be
further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement
by reference.
12. 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 and as further specified in
Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. 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 terns and conditions hereof, shall not bind or obligate Consultant or 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 is not embodied herein.
14. 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.
P
EXHIBIT 1 age 5 of 8
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15. 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(s) 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 proposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
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. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19, MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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.
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EXHIBIT 1
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b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
20. 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 fax 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
Fax: 714-647-6956
With courtesy copies to:
Fred Mousavipour
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P,O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
To Consultant:
Mark La Bonte
VP/Managing Director, Transportation
Overland Pacific Cutler, Inc.
1 Joiner, Suite 200
Irvine, CA 92618 Phone: 949-951-5263
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
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 fax, 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 proposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
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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
By: e rsar
J ohn . Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL,:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
Cynthia Kurtz
Interim City Manager
CONSULTANT:
Marls La Bonte
VP/Managing Director, Transportation
Tax ID#_
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EXHIBIT 1
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SCOPE OF SERVICES
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Appendix
ATTACHMENT
SCOPE OF WORT{
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
RIGHT OF WAY ACQUISITION -RELOCATION AND
PROPERTY MANAGEMENT SERVICES
RFP NO. 17-065
Introduction and Background;
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call
Right of Way Specialty Services firms to provide On -Call. Right of Way Specialty services on an
as -needed basis.
From the proposals received, it is the City's goal to select one or more firms to enter into
agreement(s). The capital improvement projects needing the right-of-way services include, but
not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street
Improvements. The total amount to be expended shall be shared among all consultants providing
these services.
The services being considered for contract are the following "Specialty Areas":
Maximum Contract
Specialty Areas Aggregate Amount
Al Ac uisition/Rclocation * $600,000
(A2 Property Mana ernent Services * $400,000
Consultants are encouraged to prepare proposals for multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the
proposals received, it is the City's goal to select one to two firms for each of the specialty
services (Al and A2). The City will enter into separate agreements (the "Agreement") with
each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified,
they will be distributed among these firms based upon their ability to perform the required
work within the project schedule and budget constraints. Detailed scope of work and the fee
will be outlined when a specific task is assigned to a consultant. The City reserves the right to
distribute the work in any mannor which will best serve the City's interests.
* Please note that Right of way'firms are welcome to submit proposals for both Specialty
Areas, However, the frin providing the Acquisition/Reloeation for selected parcels will not
be selected for Property Management services for the same parcels.
City of Santa Ana RFP 17-005
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Minimum Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the
California Department of Transportation (Caltrans) Right of Way Manual which can be accessed
at: littp://www.dot.ca.Lov/liq/row/rowmati/manual/index.ht
Consultant must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
Description of Work:
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP),
• The Consultant shall perform work to produce a Egli 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.
• All acquisition/relocation agents, 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 the 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. Sub -consultant markup is not allowed in this contract.
• 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 shall be maintained and bound in
City of Santa Ane RFP 17-065
Page Al -2
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appropriate project files. Additionally, all electronic files shall conform to the City's file
naming system.
• 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 inspection and audit by City, County, State and
Federal representatives.
• Consultant's Project Manager and critical staff must attend the monthly meetings with
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
• Consultant must prepare a Weekly Status report and submit to the City. Formal and
specific items of each status report must be reviewed and approved by the City.
• Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
• All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the Project.
• Consultant must prepare electronic files of the parcels in according to Caltrans Review
Process for right-of-way Certification.
• Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as
requested by the City.
• 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 such
notification, the Consultant will proceed with the services required by the Agreement.
(Al) ACQUISITION SERVICES:
Consultant shall be Responsible for: "good faith negotiations" with property owners for the
purchase of right-of-way based on values established in the reviewed and approved appraisals;
adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable
laws and regulations; preparation of all written correspondence, applicable forms and City's
standard purchase agreement; coordination with City staff; performance of notary services
related to the signing of acquisition documents; escrow coordination with Agency's selected title
company; completion of final close-out work per Caltrans requirements; and maintenance of all
acquisition files including acquisition diaries,
City of Santa Ana RFP 17-065
Page Al -3
25L-16
Acquisition Consultant Responsibilities under the Uniform Act:
• Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
• Expeditious acquisition within 30 days of approved appraisal.
• First Written Offer should be presented in person when possible.
• Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case.
• Owner to be given reasonable time to consider City's offer and present material relevant
to value determination (i,e., 30 days and a minimum of 3 contacts).
• Payment is required before taking possession unless date of possession clause is used in
contract. Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
• Preparation of Administrative Settlements when it is reasonable and in the public interest.
• Diary entries including confirmation of delivering Title VI information.
Acquisition tasks shall include but not limited to:
• Meet with City staff to discuss assignments and procedures.
• Perform the services required by the City with qualified persomrel, equipment, materials,
supplies, and management and administration services.
• All personnel and subcontractors, referred to as "Approved Personnel", shall be approved
by City, prior to providing services. There shall be no changes in the Approved
Personnel without written concurrence of the City.
• Prepare and maintain 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.
• Present strategies for negotiating successfully and reach agreements with Property
Owners and their representatives and to close the acquisition Process.
• Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel,
• As deemed necessary by the City, meet with the City and other staff as requested.
• Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
• Coordinate with the appraisers for site inspection
• Review appraisal reports to ensure conformity with the enviromnental document and the
Right -of -Way (ROW) Map.
• Prepare and assemble the "Offer Package" using the format approved by the City for City
signature,
• Meet & Present written purchase offers to property owners as directed by staff.
• Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
• Supplement negotiations by obtaining and reviewing counter offers or demands from
City of Banta Ana RFP 17-065
Page Al -4
25L-17
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.
• Obtain property owners' signature on the Purchase & Sale Agreements (PSA)
• Obtain re -conveyance 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.
• Open Escrow after execution of PSA by the City and Coordinate closely with title &
escrow companies to ensure escrow is closed on-time and properly.
• Coordinate with lenders and escrow companies to obtain partial re -conveyance for part
take acquisitions and obtain approval for close of escrow.
• Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
• Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor's parcel map (APN) and all other important
information required to monitor progress of acquisition cases
I CONTINUED) RELOCATION SERVICES
Consultant shall provide a complete relocation assistance program to comply with the Uniform
Relocation Assistance and Real Properly 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:
General Relocation Services:
• Prepare and maintain a schedule of major activities and milestones for relocation. Upon
City's written approval of the estimated cost, initiate the assignment in a timely manner.
Provide relocation advisory services
• Meet personally with each displacee to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process
• Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City
Document and log all contacts and activities
Prepare and distribute informational brochures and other required notices
Determine each displacee's eligibility for relocation; prepare an estimated timeline and
benefits. All Notice of Eviction's (NOE) must be reviewed by the City prior to
presentation to displacee
Prepare "Relocation Claim Package" in accordance with City approved format
Claim package must clearly identify the beneficiary of the claim (tenant or owner),
benefit calculations per Caltrans standards, assignment of benefit forms signed by all
parties and the consultant, W9 to match the name of the claimant as appears on the claim
form. All claims most include the (NOE).
City of Santa Ana RFP 17-065
Page Al -5
25L-18
• Relocation checks requested for pick up by consultant must be picked up by authorized
personnel from City with a signed receipt.
• Consultant must practice a system of "checks & balances" for delivery of relocation
checks to recipients. It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant,
• Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees
• Obtain Moving bids and prepare estimate of benefits
• Coordinate closely with Property Management consultant so that proper fencing, board
up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings
• and asbestos can begin immediately upon vacancy of the buildings
Residential Relocation Services shall include but not limited to:
Prepare Residential relocation claims and submit to the City for approval and payment
• Personally inspect replacement dwellings and/or buildings and sites to determine if they
meet decent, safe and sanitary regulatory requirements
• Coordinate the move with displacee
• Prepare certification of abandonment and submit to the City
Business Relocation Services shall include but not limited to:
• Conduct interviews and establish eligibility for relocation benefits.
• Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an
inventory of Personal Property, accompany the appraiser if requested.
• Coordinate with Real Estate appraiser to ensure there's no duplication of benefits,
accompany the appraiser if requested.
Coordinate with Business Goodwill appraiser and provide necessary assistance
• Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
• Determine eligibility for In -Lieu payment
• Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties
• Determine actual and reasonable search expenses
• Arrange for a final walk-through inspection of the property with displacee
Coordinate and monitor the move to ensure City purchased items are not part of the
move.
When Personal FF&E is purchased from tenants, consultant must assist the City for Bulk
Sale of the purchased items.
• Prepare final claim, certification of abandonment and submit to the City
Construction and moving bid services shall include:
Movers:
• Conduct onsite inventory and photos
• Complete certified inventory and mover instruction form
Schedule and coordinate bids
• Attend site inspection, if necessary
Review and compare bids
City of Santa Ana RFP 17- 665
Page Al -6
25L-19
Contractors:
• Verify licensing
• Prepare mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
• Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (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 sumrnaty and statistical information regarding the vnpact of a
project to potential displaced people. Specifically, this report shall identify 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.
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.
(AZ) PROPERTY MANAGEMENT SERVICES:
Description of Work:
Consultant will coordinate all of the property management tasks with City staff and the
demolition contractor as deemed necessary. Consultant shall provide post acquisition property
management services 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 consultant is
required to inspect all City owned properties and to confirm tenancy of occupants.
City of Santa Ana RFP 17-065
Page Al -7
25L-20
Property Management duties shall include but not limited to:
Review existing leases, licenses, franchises, easements, permits and other agreements for
City properties.
• Negotiate and draft new agreements or make revisions to existing agreements for
approval by the City.
• Collect rent and calculate tenant rental adjustments, increases and operating expenses for
approval by City. Calculate the market rent for hold over tenants for owners that will not
vacate the property within 3 days after closure of escrow and provide rental agreements
to be executed for both parties and include in the escrow documents.
• Coordinate with escrow companies for transfer of leases, security deposits and rents prior
to close of escrow.
• Schedule, coordinate, and perform property maintenance tasks with qualified vendors.
• Perform periodic site inspection visits for subject properties as required by the City to
ensure site security from vandalism.
• Meet and inspect the City properties post -acquisition to ensure conformance with
appropriate regulations.
• Prepare and submit weekly status reports for all properties being managed. Report shall
include at a minimum, property address, owner's name, tenant's name and contract rent
amount, notices, vacancy date and demolition.
• Maintain and update tenant databases.
• Coordinate with City's acquisition/reloeation consultant for post -acquisition Property
Management of City properties.
Act as Property Management Liaison between the tenants and City.
• Coordinate with all utility companies for transfer and disconnection including but not
limited to City Water Department, SCE, Gas Company, Waste Management and cable
and telephone utilities.
• Coordinate the removal of meters with utility companies in a timely manner to ensure
scheduled demolition of structures.
• Provide Security Services as needed. Security service may be required to deter the
vandalism of vacant properties. Hours may vary depending on the need for day or night
time security.
• Provide comprehensive maintenance services including the yard and site maintenance.
• Coordinate vacancy of the properties with acquisition/relocation consultant.
• Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security
prior to demolition.
Arrange for board up if there was any break- in of the original Board Up.
• Coordinate and provide access to properties, with demolition contractor.
• Coordinate eviction of tenants if necessary with City staff.
• Coordinate with Escrow Companies for transfer of tenant information upon closure of
escrow.
TRUST ACCOUNT:
Consultant shall establish a separate checking account in the name of City and Consultant with
the City to be co-owner of the account and have full access at a bank approved by City and
conform to the following policies:
a) At the creation of the account, Consultant shall document all tenancies that currently exist
at City -owned properties and provide the following information for each: tenant name,
monthly rent amount, security deposit amount, beginning date of tenancy, and ending
date of tenancy. This report shall be updated monthly to reflect any new tenants.
Rage Al -8
25L-21
b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf
of City into account, including but not limited to rent, security deposits, and any amount
that may become due by tenants.
c) Funds may only be withdrawn by Consultant to pay property management related
expenditures, including without limitation repairs, utilities, and maintenance, in an
amount up to $1,000. Expenditures in excess of $1,000 must be approved by City.
d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property
management funds are spent efficiently.
e) The operating reserve amount in the account shall be $5,000 per parcel. Consultant is
required to remit funds above the operating reserve amount after subtracting the projected
expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH
or wire within fifteen (15) days of the most recently completed month. On monthly
basis, the Consultant should remit an itemized statement identifying revenues and
expenditures collected and/or incurred during the period as noted in Section (11) below,
(f) All expenditures, regardless of amount, must be supported by itemized invoice that tracks
expenditures by tenant and corresponding City approval if applicable.
g) Changes to the rental information, such as addition of tenants, and/or rental termination,
must be approved by the Public Works Agency. Within ten (10) days of such approval,
Consultant shall confirm all changes in writing to City's Public Works and Finance and
Management Agencies.
h) Consultant is required to maintain books and records in compliance with Generally
Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant
shall provide a listing of the following:
i. Rental income by tenant (identify property address)
ii. Expenditures by category (e.g., utilities, maintenance, property management fees,
etc.)
i) Consultant shall make available all books and records related to the services provided to
City Finance staff or Independent Certified Public Accounting Firm acting on behalf of
City.
j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to
conduct an examination of Consultant's books and records related to above -referenced
service. The examination may be conducted on annual basis or upon City's discretion on
reasonable notice.
WEEKLY STATUS REPORTS:
Consultant shall provide to the City Weekly Status reports relating to the management and
operation of the premises for the preceding calendar week. These documents shall include the
following, but not limited to:
• Proper records with respect to leasing, management, and operation of the premises (i.e.
receipts, disbursements, etc.)
• Contractor competitive bids
• Tenant Information, Owner's information, beginning date of tenancy, ending tenancy and
vacate date, rent amount, security deposit, past due rents, 90 -day notice dates, Fencing,
Board Up, and Testing date, Utility shut off and meter removal dates.
• Status report must also include inspection dates and any action iterns deeded during the
inspection and follow up of the action items.
My of Santa Ana RFP 17-065
Page Al -9
25L-22
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
25L-23
2017 Schedule of Hourly Rates
Overland, Pacific & Cutler, IrIc
Right of Way Management & Implementation
Senior Program Manager
$250.00 per hour
Program Manager
$200.00 per hour
Senior Project Manager _
$150.00 per hour
Project Manager/Project Controls Manager
$130,00 per hour
Sr. Acquisition Agent/Sr. Relocation Agent/Sr. Analyst
$115.00 per hour
Acquisition Agent/Relocation Agent/Analyst
$105.00 per hour
Real Estate Appraisal
Managing Director/Director
$275.00 per hour
Senior Valuation Analyst
$225.00 per hour
Valuation Analyst~
$150.00 per hour
Assistant Valuation Analyst $105.00 per hour
.w Utility Coordination
Utility Manager JV
$150.00 per hour
Senior Utility Coordinator
$130.00 per hour
Utility Coordinator~�
$115.00 per hour
Right of Way Engineering
Project Engineer (PE)
$200.00 per hour
Survey Manager (PLS)
$175.00 per hour
ROWE/Survey Analyst
$130.00 per hour
GTS/CADD Analyst
$105.00 per hour
^— — Property Management/Property Services
Property Management Supervisor
$150.00 per hour
Property Manager
$115.00 per hour
Property Services Supervisor
$115.00 per hour
Community Liaison
$105.00 per hour
Landscape Crewperson _
$40.00 per hour
Project Support/Administrative _
Y
Project Support Specialist
$75.00 per hour
Administrative Assistant _
$55.00 per hour
25L-24
EXHIBIT C
CERTIFICATIONS
C-1 through C-3
25L-25
Appendix
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CONSTRUCTABILITY REVIEW
lyO�hJ-� 9ON...A.F. JPAVI1
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the 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 BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put In a sham bid, or that anyone shall
refrain 11otn bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, 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 two; and, further, that the BIDDER tins not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to ally corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non-colhrsion Affidavit is part of the Proposal. Signing this Proposal oil the signature
portion thereof $hall also constitute signature of this Non•colluslon Affidavit. BIDDERS are cautioned that
making a false certifica n a�azjectt the certifier to criminal prosecution.
SigtTed a
State of California
County of
Subscribed and sworn do (or affirmed} before ma on tVs day of 20_, by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me. /
Notary Public Signature Notary Public Sea]
City of Santa Ana RFP
Page A3»1
25L-26
W31F94TRUffd .TA',
A notary public or other officer completing this certificate verifies only the Identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or valiclity of that document.
State of California )
County of J
Subscribed and sworn to (or affirmed) before me on this 4� day
oft)L 20 Jj— , by
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me,
A ITLI UEVRRA
COMM, #2189828
Notary Public a 0911fati a
toa ARpatas Cada
tRf, 'hesGcl
Signature'iG • .0 `% (Cc GC a�
(Seal)
Optional @nfovirnation
Although the information In this section is not required by laa61t could prevent fraudulent removal and reattachment of this jurat to an unauthorized document
and may prove useful to persons relying on the attached document.
Description of Attached Document
Tills certificate is attached to a document titled/far the purpose of
containing , pages, and dated
Proved tome on the basis of satisfactory evidence:
Q formW ONden ificatlon O credible wttness(es)
Notarlal event Is detailed in nataryjournal on:
Rage 11 Entry N
Notary
❑ Affiant(s)Thumbprinus) ❑Describe:
d CopyNpht 2001-7016 NO(aly kolary, Inc. PO Box 41400, Des b:oloea IA 50111 -0507, All Rights keoe,ved. I1¢11, Number 101004, please c.Ino your Aurhorlae<I keaelte, ry purchase color of this form.
25L-27
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
CONSTRUCTABILITY REVIEW
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed
by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly,
Finn
Overland, Pacific & Cutler,
Signed and Printed Name: / / '4 /
Title VP/Managing Director, Transportation
Date 7/3/2017
City of Santa Ana RFP
Page A3-2
25L-28
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CONSTRUCTABILITY REVIEW
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant 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 be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a.
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor,
S. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders 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 of the Consultant's non-compliance with the nondiscrimination 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 Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 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 Consultant 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
City of Santa Ana RFP
Q�
Page A3.3
25L-29
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
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 Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works 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 consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
f�
( /
Signed:_.. -
Title: VP/Managing Director, Transportatlon
Finn: Overland, Pacific & Cutler, Inc,
Date: 7/3/2017
e
City of Santa Ana RFP
Page A3-4
25L-30
AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY
ACQUISITION AND RELOCATION SERVICES
THIS AGREEMENT is made and entered into this day of August, 2017 by and between
Paragon Partners, LTD., a California corporation ("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 ("City").
RECITALS
A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought
consultants to provide on-call right of way acquisition and relocation services in connection
with various street improvement projects.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services as described in the
scope of work that was included in RPP No. 17-065 for acquisition and relocation services
and attached as Exhibit A to this Agreement.
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
terns and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the
acquisition and relocation services that are described in Scope of Services - Exhibit A, attached
hereto and incorporated by reference. Consultant's proposal is incorporated by reference as
though fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The
total amount to be expended shall not exceed $300,000 during the team of the
Agreement, including any extension periods exercised under Section 3.
b. 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 set forth
in the Recitals which may reasonably be expected by City,
Page 1 of 8
EXHIBIT 2
25L-31
3. TERM
This Agreement shall commence on the date first written above and continue for three 3
ov ,ars• unless terminated earlier in accordance with Section 15, below. The term of this Agreement
may be extended for up to one additional two (2) year period upon a writing executed by the City
Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire tern 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship faxed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such rise not within
the purposes intended by this Agreement shall be at City's sole risk.
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 cornrnercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
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EXHIBIT 2
25L-32
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, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
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.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 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. If Consultant is or employs a licensed professional such as air architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. 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 famished to the City upon execution of
this Agreement and shall be approved by the City.
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.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
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 affect
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.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, 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
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EXHIBIT 2
25L-33
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its 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 tine 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,
to the extent Consultant's servicesaresubject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement, Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
1.0. 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 sane 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
Page 4 of 8
EXHIBIT 2
25L-34
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; (e) 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.
11, 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. Conflict may be
further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement
by reference.
12. 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 and as further specified in
Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. 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 tenns of this Agreement and any attachments hereto, the terns
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 terns and conditions hereof, shall not bind or obligate Consultant or 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 is not embodied herein.
14. 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.
15, TERMINATION
EXHIBIT 2
25L-35
Page 5 of 8
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(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16, WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be affective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
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
detennined 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. PROFESSIONAL LICENSES
Consultant shall, throughout the teen of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
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EXHIBIT 2
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20. 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 fax 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
Fax: 714- 647-6956
With courtesy copies to:
Fred Mousavipour
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
I Fax: 714- 647-5635
To Consultant:
....... .............. .,....:........;
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
Neilia LaValle
President & CEO
Paragon Partners, LTD
5762 Bolsa Avenue, Suite 201
Huntington Beach, CA 92649 Phone: 714-379-3376
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 fax, 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
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ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
John Funk ������—
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
Cynthia Kurtz
Interim City Manager
CONSULTANT:
Neilia LaValle
President & CEO
Tax ID#
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EXHIBIT 2
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EXHIBIT A
SCOPE OF SERVICES
25L-39
Appendix
ATTACIHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
RIGHT OF WAY ACQUISITION -RELOCATION AND
PROPERTY MANAGEMENT SERVICES
RFP NO, 17-065
Introduction and Background:
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call
Right of Way Specialty Services finns to provide On -Call Right of Way Specialty services on an
as -needed basis.
From the proposals received, it is the City's goal to select one or more firms to enter into
agreement(s). The capital improvement projects needing the right-of-way services include, but
not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street
Improvements. The total amount to be expended shall be shared among all consultants providing
these services.
The services being considered for contract are the following "Specialty Areas":
Specialty Areas axintnm Contract
Aserega;p Amount
(Al)Acquisition/Relocation * $600,000
A2 Property Management Services * $400,000
Consultants are encouraged to prepare proposals for multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the
proposals received, it is the City's goal to select one to two firms for each of the specialty
services (Al and A2). The City will enter into separate agreements (the "Agreement") with
each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified,
they will be distributed among these firms based upon their ability to perform the required
work within the project schedule and budget constraints. Detailed scope of work and the fee
will be outlined when a specific task is assigned to a consultant. The City reserves the right to
distribute the work in any manner which will best serve the City's interests.
* Please note that Right of way firms are welcome to submit proposals for both Specialty
Areas. However, the firm providing the Acquisition/Relocation for selected parcels will not
be selected for Property Management services for the same parcels,
City of Santa Ana RFP 17.065
Page Al -1
25L-40
Minhu"M Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the
California Department of Transportation (Caltrans) Right of Way Manual which can be accessed
at: hLtp://www.doi.ea.gov/hg/row/rowman/mttntial/indox.lilm,
Consultant must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DucHritlon of Work:
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
• 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 workshall
be perfortned in conformance with all applicable regulations, policies, procedures and
standards.
• All acquisition/relocation agents, 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 cant' 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 tine 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 the 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. Sufi -consultant markup is not allowed in this contract.
• 'rhe 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 ellecked, corrected and back checked. All
projects related correspondences and documents shall be maintained and bound in
City of Santa Ana RFP 17-065
Page Al -2
25L-41
appropriate project files. Additionally, all electronic files shall conform to the City's file
naming system.
• 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 inspection and audit by City, County, State and
Federal representatives.
• Consultant's Project Manager and critical staff must attend the monthly meetings with
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
• Consultant must prepare a Weekly Status report and submit to the City, Format and
specific items of each status report must be reviewed and approved by the City.
• Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
• All electronic submittals of tiles must be through a shared folder, Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the Project.
• Consultant must prepare electronic files of the parcels in according to Caltrans Review
Process for right-of-way Certification.
• Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as
requested by the City.
• 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 such
notification, the Consultant will proceed with the services required by the Agreement.
(AI) ACQUISITION SERVICES:
Consultant shall be Responsible for: "good faith negotiations" with property owners for the
purchase of right-of-way based on values established in the reviewed and approved appraisals;
adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable
laws and regulations, preparation of all written correspondence, applicable forms and City's
standard purchase agreement; coordination with City staff; performance of notary services
related to the signing of acquisition documents; escrow coordination with Agency's selected title
company; completion of final close-out work per Caltrans requirements; and maintenance of all
acquisition files including acquisition diaries,
City of Santa Ana RFP 17.465
Page Al -3
25L-42
Acquisition Consultant Responsibilities under the Uniform Act:
• Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
• Expeditious acquisition within 30 clays of approved appraisal.
• First Written Offer should be presented in person when possible.
• Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case.
• Owner to be given reasonable time to consider City's offer and present material relevant
to value determination (i.e., 30 days and a minimum of 3 contacts).
• Payment is required before taking possession unless date of possession clause is used in
contract, Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
• Preparation of Administrative Settlements when it is reasonable and in the public interest.
• Diary entries including confirmation of delivering Title VI information.
Acquisition tasks shall include but not limited to:
• 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 City, prior to providing services. There shall be no changes in the Approved
Personnel without written concurrence of the City.
• Prepare and maintain a schedule of major activities and milestones and provide an
estimate of the cost to conduct proposed assignments including assignments to
subcontractors. UponCity's written approval of the estimated cost, initiate the
assignment in a timely manner.
• Present strategies for negotiating successfully and reach agreements with Property
Owners and their representatives and to close the acquisition Process.
• Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel.
• As deemed necessary by the City, meet with the City and other staff as requested.
• Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
• Coordinate with the appraisers for site inspection
• Review appraisal reports to ensure conformity with the enviromnental document and the
Right -of --Way (ROW) Map.
• Prepare and assemble the "Offer Package" using the format approved by the City for City
signature.
• Meet & Present written purchase offers to property owners as directed by staff.
• Nogotiatc effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
• Supplement negotiations by obtaining and reviewing counter offers or demands from
City of Santa Ana RPP 17-065
Page AIA
25L-43
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 tfte
acquisition,
• Obtain property owners' signature on the Purchase & Sale Agreements (PSA)
• Obtain re -conveyance 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.
• Open Escrow after execution of PSA by the City and Coordinate closely with title &
escrow companies to ensure escrow is closed on-time and properly.
• Coordinate with lenders and escrow companies to obtain partial re -conveyance for part
take acquisitions and obtain approval for close of escrow,
• Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
• Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor's parcel map (APN) and all other important
information required to monitor progress of acquisition cases
AW CONTINUED) RCL QCA'ION SERVICES
Consultant shall 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:
General Relocation Services:
Prepare and maintain a schedule of major activities and rrdlestones for relocation. Upon
City's written approval of the estimated cost, initiate the assignment in a timely manner.
Provide relocation advisory services
• Meet personally with each displaces to ascertain the nature and scope of relocation
assistance required, to inform the dispiaeees of their rights, and to explain the relocation
process
• Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City
Document and log all contacts and activities
• Prepare and distribute informational brochures and other required notices
Determine each displacee's eligibility for relocation; prepare an estimated thneline and
benefits. All Notice of Eviction's (NOR) must be reviewed by the City prior to
presentation to displacee
Prepare "Relocation Claim Package" in accordance with City approved format
Claim package must clearly identify the beneficiary of the claim (tenant or owner),
benefit calculations per Caltrans standards, assignment of benefit forms signed by all
parties and the consultant, W9 to match the name of the claimant as appears on the claim
form. All claims must include the (NOR).
City of Santa Ana RFP 17-005
Page Al -5
25L-44
Relocation checks requested for pick tip by consultant must be picked up by authorized
personnel from City with a signed receipt.
Consultant must practice a system of "checks & balances" for delivery of relocation
checks to recipients, It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant.
• Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees
• Obtain Moving bids and prepare estimate of benefits
• Coordinate closely with Property Management consultant so that proper fencing, board
up, utility slut -off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings
and asbestos can begin immediately upon vacancy of the buildings
Residential Relocation Services shall include but not limited to:
Prepare Residential relocation claims and submit to the City for approval and payment
Personally inspect replacement dwellings and/or buildings and sites to determine if they
meet decent, safe and sanitary regulatory requirements
• Coordinate the move with displacee
Prepare certification of abandonnent and submit to the City
Business Relocation Services shall include but not limited to:
Conduct interviews and establish eligibility for relocation benefits,
Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare all
inventory of Personal Property, accompany the appraiser if requested.
° Coordinate with Real Estate appraiser to ensure there's no duplication of benefits,
accompany the appraiser if requested.
• Coordinate with Business Goodwill appraiser and provide necessary assistance
Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
Determine eligibility for In -Lieu payment
Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties
Determine actual and reasonable search expenses
Arrange for a final walk-through inspection of the property with displacee
Coordinate and monitor the move to ensure City purchased items are not part of the
move.
When Personal FF&E is purchased from tenants, consultant roust assist the City for Bulk
Sale of the purchased items.
Prepare final claim, certification of abandonment and submit to the City
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
City of Santa Ana RFP 17.065
Page Al -6
25L-45
Contractors:
• Verify licensing
• Prepare mover instruction form
• Schedule and coordinate bids
Attend site inspection, if necessary
Review and compare bids
Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (I3CD) 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 srmnmary and statistical information regarding the impact of a
project to potential displaced people. Specifically, this report shall identify 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.
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.
W) PROPERTY MANAGEMENT SERVICES:
Description of Work:
Consultant will coordinate all of the properly management tasks with City staff and the
demolition contractor as deemed necessary. Consultant shall provide post acquisition property
management services during rine 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 consultant is
required to inspect all City owned properties and to confirm tenancy of occupants,
City of Santa Ana RFP 17-065
Page Al -7
25L-46
Property Management duties shall include but not limited to:
Review existing leases, licenses, franchises, easements, permits and other agreements for
City properties.
Negotiate and draft new agreements or make revisions to existing agreements for
approval by the City.
• Collect rent and calculate tenant rental adjustments, increases and operating expenses for
approval by City, Calculate the market rent for hold over tenants for owners that will not
vacate the property within 3 days after closure of escrow and provide rental agreements
to be executed for both parties and include in the escrow documents.
• Coordinate with escrow companies for transfer of leases, security deposits and rents prior
to close of escrow,
• Schedule, coordinate, and perform property maintenance tasks with qualified vendors.
• Perform periodic site inspection visits for subject properties as required by the City to
ensure site security from vandalism.
Meet and inspect the City properties post -acquisition to ensure conformance with
appropriate regulations.
Prepare and submit weekly status reports for all properties being managed. Report shall
include at a minimum, property address, owner's name, tenant's name and contract rent
amount, notices, vacancy date and demolition.
• Maintain and update tenant databases,
• Coordinate with City's acquisition/relocation consultant for post -acquisition Property
Management of City properties.
Act as Property Management Liaison between the tenants and City.
Coordinate with all utility companies for transfer and disconnection including but not
limited to City Water Department, SCE, Gas Company, Waste Management and cable
and telephone utilities.
• Coordinate the removal of maters with utility companies in a timely manner to ensure
scheduled demolition of structures.
Provide Security Services as needed. Security service may be required to deter the
vandalism of vacant properties. Hours may vary depending on the need for day or night
time security.
Provide comprehensive maintenance services including the yard and site maintenance.
• Coordinate vacancy of the properties with acquisition/relocation consultant.
Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security
prior to demolition,
Arrange for board up if there was any break- in of the original Board Up.
Coordinate and provide access to properties, with demolition contractor.
Coordinate eviction of tenants if necessary with City staff.
Coordinate with Escrow Companies for transfer of tenant information upon closure of
escrow.
TRUST ACCOUNT;
Consultant shall establish a separate checking account in the name of City and Consultant with
the City to be co-owner of the account and have full access at a bank approved by City and
conform to the following policies:
a) At the creation of the account, Consultant shall document all tenancies that currently exist
at City -owned properties and provide the following information for each: tenant name,
monthly rent amount, security deposit amount, begimring date of tenancy, and ending
date of tenancy. This report shall be updated monthly to reflect any new tenants.
nta Ana RFP t
Page A1.8
25L-47
b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf
of City into account, including but not limited to rent, security deposits, and any amount
that may become due by tenants.
c) Funds may only be withdrawn by Consultant to pay property management related
expenditures, including without limitation repairs, utilities, and maintenance, in an
amount up to $1,000. Expenditures in excess of $1,000 must be approved by City.
d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property
management funds are spent efficiently.
e) The operating reserve amount in the account shall be $5,000 per parcel. Consultant is
required to remit funds above the operating reserve amount after subtracting the projected
expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH
or wire within fifteen (15) days of the most recently completed month. On monthly
basis, the Consultant should remit an itemized statement identifying revenues and
expenditures collected and/or incurred during the period as noted in Section (h) below.
All expenditures, regardless of amount, must be supported by itemized invoice that tracks
expenditures by tenant and oorresponding City approval if applicable.
g) Changes to the rental information, such as addition of tenants, and/or rental termination,
must be approved by the Public Works Agency. Within ten (10) days of such approval,
Consultant shall confirm all changes in writing to City's Public Works and Finance and
Management Agencies.
h) Consultant is required to maintain books and records in compliance with Generally
Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant
shall provide a listing of the following:
L Rental income by tenant (identify property address)
ii. Expenditures by category (e.g., utilities, maintenance, property management tees,
etc.)
i) Consultant shall make available all books and records related to the services provided to
City Finance staff or Independent Certified Public Accounting Firm acting on behalf of
City.
j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to
conduct an examination of Consultant's books and records related to above -referenced
service. The examination may be conducted on annual basis or upon City's discretion on
reasonable notice.
WEEKLY STATUS REPORTS:
Consultant shall provide to the City Weekly Status reports relating to the management and
operation of the promises for the preceding calendar weak. These documents shall include the
following, but not limited to:
• Proper records with respect to leasing, management, and operation of the premises (i.e.
receipts, disbursements, etc.)
Contractor competitive bids
Tenant Information, Owner's information, beginning date of tenancy, ending tenancy and
vacate date, rent amount, security deposit, past due rents, 90 -day notice dates, Fencing,
Board Up, and Testing date, Utility shut off and motor removal dates.
• Status report must also include inspection dates and any action items needed during the
inspection and follow up of the action items.
City of Santa Ana RFP 17-095
Page Al -9
25L-48
EXHI'.BIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
25L-49
PARAGON
PARTNERS
2017
2017 Schedule of Professional Fees
Classification
Project Director
Hourly Rate
$195.00
Project Manager _ _ l
$175,00
Principal Acquisition Agent
$115,00
Senior Acquisition Agent
_e
$ 95.00
Acquisition Agent
$ 85M
Principal Relocation Agent
$115.00
Senior Relocation Agent
$ 95,00
Relocation Agent
$ 85,00
Title Manager
$185.00
Title Supervisor
_
$120,00
Agent—
Senior Title Agent
$ 95,00
Title Agent�^
��
$ 85,00.T��,
Project Controls Speeiailst
$ 85,00
Project or Escrow Coordinator
mmm__
$ 75.00
Right of Way Engineer P.E.
$150.004_
Senior Right of Way Engineer/GIS Supervisor
$125.00
Associate Right of Way Engineer/GIS Speclallst
$ 95.00
Right of Way Engineering Technician
$ 75.00
Administrative Support
$ 65.00
Office Clerk
$ 50,00
ITSupport
—
$125.00
_
Depositions and Court Testimony
Copies Xerox) @ $0.15 each
Cellular
@
$250.00 ..__.e.
Cost
D & E Size Copies @ $5.00 each
Air Travel & Lodging
@
Cost
Real Estate Data Services @ Cost+ 15%
_
Mllea e_ @
$0.535 per mile*
Tsleone/Fax @ Cost
ph
Subconsultants @
_
cost
Postage/FedEx @ Cost
Other Expenses @
Cost+ 15%
"Or current IRS allowable
Terms of Payment
Net 30 days, Invoices will be submitted monthly, All rates are effective as of January 1, 2017, Rates may
be revised annually on January 1 to reflect increases in the cost of living and current business conditions.
Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance
with California law.
25L-50
EXHIBIT C
CERTIFICATIONS
C-1 through C-3
25L-51
m m 24:81:2 *6106161,0
Paragon has provided our pricing proposal in a separately sealed envelope, as requested by the City.
Appendix 7
ATTACHMENT34: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CONST] LITY HEV I1AV
MIN—moll,IISI? EIJ V'1'
('11110 23 United Stales Code Section 112 and
Public Contract Code Scatter) 7106)
'to (Ito MY OF SAN'T'A ANA DEiPARTMENTOF PUBLIC WORKS
In accordance wilh'fidc 23 United Slalas Code Section 112 and Public Conlnicl Coda 7106 Ills IIIIA &A declares
that rhe bel is not trade in rhe hlleresl ol', or wt behnif of, any undisclosed person, Imrnurship, coalawy, association,
organization, or corporation; thal Ilia blit is Scnaine and as collusive or shorn; that the BIDDER tins not directly or
indirectly induced or solicited any other BIDDER to put in a @Iso or shau bill, and has not directly or Indirectly
colluded, wnspi"c 1, C011111MI nr agreed with any 1110171iR or anyone else to put in it shoot bid, or that anyone shall
correct from bidding; that ilia BIDDER has nol in tiny nunmar, directly or indiroctly, sought by uureent¢nl,
canununicuinu, or eoni'cicncc reith anyone to its, the bid price of the BIDDC.It or ary DIDDEM, or to fix any
overheat, prolit, a•cast cleacnt or Tho bid p19ca, or orthat ornny otlwr DID17RII, or to s^"tica any advantage ayohm
ilia public, body awarding ilia eo droit oratyonc interested a tine prolmsed eantmal; that all slatentents contained in
ilia hid aro Into; and, farther, That ilia BIDDER has not, tfllecity or Indirectly, submitted Ills or her bid Pilau or any
bwakdown Iltercot, or Ota amnents thereof, or divultIod htf ainadoo or dula reltttiva Illowto, or Paid, nal will not pay,
any, Px to tiny corporation, partnership, company ilmooiollon, orgtoNatluo, bkd dopoahory,or to any member oragpnl
II IBnmfto eficcloala It Cal [till Va or allall hid•
Nola; '11 iv above ban -cut IUsioo AMilli yiI Is pa•I or die Proposal, Signinli Ihis Proposal nu ilia sitdnature
pwtion thereof shall also constPoo signa1urc ol'this Nomcollmion A6i(lavii, BIDDERS are cotntioacd that
uuddnga[alai ccrlhicnliwt nin,y„ trbfact thocerlifier tocrindnnl pnlsocutiom
signed
State of Calnnif��arnin
Cnunly of Ur.ANA<✓._
Subserilood at sworn to (or affirmed) bcforc ilia. on Ihis ffi—day of �pA6 , 20.17, by
_N�L110, ___ , Prnccd to me on the basis of salisr'actory cvidence to be (lie persons) who appeared
before ilia.
Y"�'''E�7" NxukanYlahs
j s�.• Cumm 1Yt47011
Pr�t�: kanry yublk exakmle
` �e el 9ranCla Lnumy � :r. ,/ comrdEglaM tAuai,YtlM
N ary Public Siguahae Notary Publio Sent
City of Santa Ann RFP
Page A3-1
[g7 PARAGON CITY OF SANTA ANA I ON-CALL. RIGHT OF WAY PROPERTY MANAGEMENT SERVICES
i� PARINIILS•
25L-52
Appendix
AT'TACHMICN'I' 3.2: NON-I,01313YiNG CI;ItT[CCCA'I°ION
CrIATIFICATIONS :1
CONSTRUCTABILITY REVIEW
The prospective parlicipnnt certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and bellef, that:
I. No federal appropriated fonds have been paid or will be paid, by or on behalf of the undarsigimd, to
any person fw• influencing or attempting to intlucnec an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or al employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuntian,
renewal, amendment, or modification of any federal contract, grant, loan, or cooporative agreement.
2. If any finds other than federal appropriated funds have been paid or will be paid to any person for
Influencing of attempting to intlUence any officer or employee of any federal agency, a Member of
Congress, an officor or employee of Congress, at- an employee of Member of Congress in
connection with this federal contract, groat loan, loan of cooporative agreement, the undersigned
shaft complete and submit a "Discloswo of Lobbying Activities".
This certification N a material representation of fact Upon which reliance was placed when this transaction was matte
or entered into, Submission of this certification is a prorcgalshe for ranking Or entering into this transaction Imposod
by Section 1352, Title 31, U. S. Code. Any person who falls to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure•
The prospective participant also agrees by submitting his or her hid or proposal that he or she shall require that the
language of this certil ication be included in all lower for subcontracts, which exceed $100,000 and that all such sob
recipients shall certify and disclose accordingly.
Firm paragon Partners Ltd.
Signed and Printed Name: Neilia I.aValle
Title President an<I CEO
Doh: 6129/2017
City of Santa Tuna RFP
Page A3-2
t,'✓ ON
pA'
NW S CITY OF SANTAANA I ON -GALL RIGHT OF WAY PROPERTY MANAGEMEN1 SERVICES
25L-53
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CER`T'IFICATION
CERTIFICATIONS
CON'STRUCTARILITX REVIEW
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant 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 be limited to, the
following: employment, upgrading, demotion, or transfer; reoruitment or recruitment advertising;
layoff" or termination; rates of pay or other forms of compensation; ant! selection for training,
including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which lielsite has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Fxecutive Order 11246 of September 24, 1965,
mad of the rules, regulations, and relevant orders of the Secretary of Labor,
5� The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, andfby rules, regulations, and orders of the Secretary of Labor, or pursuant
theroto, 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 of the Consultant's non-compliance with the nondiscrimination 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 Consultant may be declared ineligible for further Government
'contracts or federally assisted construction. contracts in accordance with procedures authorized In
Execution Order 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 Consultant shall include tho portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (t) through (7) In every subcontract or purchase order unless oxomptod
City of Santa Ana RFP
Page A3-3
25L-54
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
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 Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Cotte Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made inthe employment of persons upon public works because of race,
religious orood, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter,
Signed: �-Q,-.—.�
Title: President and CCO
firm: Paragon Partners Ltd.
Date: 7/2012017
City of Santa Ana RFP
Page A3.4
25L-55
25L-56
AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY
PROPERTY MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into this day of August, 2017 by and between
Overland Pacific & Cutler (OPC), Inc., a California corporation ("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 ("City"),
RECITALS
A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought
consultants to provide on-call right of way property management services in connection
with various street improvement projects.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services as described in the
scope of work that was included in RFP No. 17-065 for property management services and
attached as Exhibit A to this Agreement.
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
tenors and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the
property management services that are described in. Scope of Services - Exhibit A, attached hereto
and incorporated by reference. Consultant's proposal is incorporated by reference as though fully
set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The
total amount to be expended shall not exceed $300,000 during the term of the
Agreement, including any extension periods exercised under Section 3.
b. 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 set forth
in the Recitals which may reasonably be expected by City.
EXHIBIT 3
25L-57
Pagel of 8
3. TERM
This Agreement shall commence on the date first written above and continue for three 3
ey ars, unless terminated earlier in accordance with Section 15, below. The term of this Agreement
may be extended for up to one additional two (2) year period upon a writing executed by the City
Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee 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
perforans the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpaual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data, Consultant makes no such representation and warranty in regard. to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
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 naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
Page 2 of 8
EXHIBIT 3
25L-58
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, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
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.
b. Business automobile liability insurance, or equivalent fonn, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 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.
elfinsurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. 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 by the City.
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.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
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 affect
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 defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives fiom liability: (1) for personal
Page 3 of 8
EXHIBIT 3
25L-59
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
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 0£ this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason, of the teams 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 terns 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,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL. PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, fitom the date of final payment to Consultant under this Agreement, All such records and
invoices shall be clearly identifiable, Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours, Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement,
10. 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
Page 4 of 8
EXHIBIT 3
25L-60
infonnation 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
infonnation 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.
11. 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 maturer with performance of services. Conflict may be
further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement
by reference.
12. 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, utilisation, 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 and as further specified in
Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. 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 terns and conditions hereof, shall not bind or obligate Consultant or 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 is not embodied herein.
14. 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.
Page 5 of 8
EXHIBIT 3
25L-61
15. 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(s) 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 doonrs
appropriate.
b, Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
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. PROFESSIONAL LICENSES
Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature berein below 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.
Page 6 of 8
EXHIBIT 3
25L-62
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
20. 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 fax 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
Fax: 714- 647-6956
With courtesy copies to:
Fred Mousavipour
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
To Consultant:
Mark La Bonte
VP/Managing Director, Transportation
Overland Pacific Cutler, Inc.
I Jonnor, Suits 200
Irvine, CA 92618 Phone: 949.951-5263
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
A panty 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 fax, 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.
Page 7 of 8
EXHIBIT 3
25L-63
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
By:
John ink
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
Cynthia Kurtz
Interim City Manager
CONSULTANT:
Mark La Sante
VP/Managing Director, Transportation
Tax ID#
EXHIBIT 3
25L-64
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
25L-65
Appendix
ATTACHMENT 1
SCOPE OF WORD
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
RIGHT OF WAY ACQUISITION -RELOCATION AND
PROPERTY MANAGEMENT SERVICES
RFP NO. 17-065
Introduction and Background:
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call
Right of Way Specialty Services firms to provide On -Call Right of Way Specialty services on an
as -needed basis,
From the proposals received, it is the City's goal to select one or more firms to enter into
agreement(s). The capital improvement projects needing the right-of-way services include, but
not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street
Improvements. The total amount to be expended shall be shared among all consultants providing
these services.
The services being considered for contract are the following "Specialty Areas":
Maximum Contract
Specialty Areas Aggregate Amount
Al Acquisition/Relocation * $600,000
(A2Property Management Set -vices * $400,000
Consultants are encouraged to prepare proposals for multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the
proposals received, it is the City's goal to select one to two firms for each of the specialty
services (Al and A2), The City will enter into separate agrecments (the "Agreement") with
each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified,
they will be distributed among these firms based upon their ability to perform the required
work within the project schedule and budget constraints. Detailed scope of work and the fee
will be outlined when a specific task is assigned to a consultant. The City reserves the tight to
distribute the work in any manner which will best serve the City's interests.
* Please note that Right of way firms are welcome to submit proposals for both Specialty
Areas. However, the firm, providing the Acquisition/Relocation for selected parcels will not
be selected for Property Management services for the same parcels.
City of Santa Ana RFP 17-065
Page Al -1
25L-66
lfiffinum Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the
California Department of Transportation (Caltrans) Right of Way Manual which can be accessed
at: Jut -s• /www. lot,ca.sov/ho/row/rownaarn/manual/irdex.htm.
Consultant must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
Description of Work:
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or thein designee on an as -needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
• 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.
• All acquisition/relocation agents, performing work for the City, must hold a valid
California heal Estate License, Salespersons must be registered with California
Department of Real Estate (DRE), as working solely tinder 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 the 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. Sub -consultant markup is not allowed in this contract.
• 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 shall be maintained and bound in
mftm�_ - - �•�•re
City of Santa Ana RFP 17-065
Page Al -2
25L-67
appropriate project files. Additionally, all electronic files shall conform to the City's file
naming system.
• The Consultant shall diligently work on each assigmnent and complete each task in
accordance with the schedule and accommodate the City's needs.
The Consultant's work will be subject to inspection and audit by City, County, State and
Federal representatives.
• Consultant's Project Manager and critical staff must attend the monthly meetings with
City 'Staff' and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
• Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
s Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the Project.
• Consultant must prepare electronic files of the parcels in according to Caltrans Review
Process for right-of-way Ccrtifrcation.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as
requested by the City.
• 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 such
notification, the Consultant will proceed with the services required by the Agreement.
(All ACQUISITION SERVICES:
Consultant shall be Responsible for: "good faith negotiations" with property owners for the
purchase of right-of-way based on values established in the reviewed and approved appraisals;
adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable
laws and regulations; preparation of all written correspondence, applicable forms and City's
standard purchase agreement; coordination with City staff, performance of notary services
related to the signing of acquisition docurnents; escrow coordination with Agency's selected title
company; completion of final close-out work per Caltrans requirements; and maintenance of all
acquisition files including acquisition diaries,
City of Santa Ana RFP 17.065
Page Al -3
25L-68
Acquisition Consultant Responsibilities under the Uniform Act:
• Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
• Expeditious acquisition within 30 days of approved appraisal.
• First Written Offer should be presented in person when possible.
• Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case.
• Owner to be given reasonable time to consider City's offer and present material relevant
to value determination (i.e., 30 days and a minimum of 3 contacts).
• Payment is required before taking possession unless date of possession clause is used in
contract. Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
• Preparation of Administrative Settlements when it is reasonable and in the public interest.
• Diary entries including confirmation of delivering Title VI information.
Acquisition tasks shall include but not limited to:
• 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 City, prior to providing services. There shall be no changes in the Approved
Personnel without written concurrence of the City.
• Prepare and maintain 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.
• Present strategies for negotiating successfully and reach agreements with Property
Owners and their representatives and to close the acquisition Process.
• Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel,
• As deemed necessary by the City, meet with the City and other staff as requested.
• Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
• Coordinate with the appraisers for site inspection
• Review appraisal reports to ensure conformity with the environmental document and the
Right -of -Way (ROW) Map.
• Prepare and assemble the "Offer Package" using the format approved by the City for City
Signature.
• Meet & Present written purchase offers to property owners as directed by staff.
• Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
• Supplement negotiations by obtaining and reviewing counter offers or dernands from
City of Santa Ana RPP 17.065
Page Al -4
25L-69
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.
• Obtain property owners' signature on the Purchase & Sale Agreements (PSA)
• Obtain re -conveyance 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.
• Open Escrow after execution of PSA by the City and Coordinate closely with title &
escrow companies to ensure escrow is closed on-time and properly.
• Coordinate with lenders and escrow companies to obtain partial re -conveyance for part
take acquisitions and obtain approval for close of escrow.
• Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
• Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor's parcel map (APN) and all other important
information required to monitor progress of acquisition cases
(AI CONTINUED) RELOCATION SERVICES
Consultant shall 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 coni estimates, project area surveys
and other speeializod reports. Consultant's relocation services include, but are not limited to the
following:
General Relocation Services:
• Prepare and maintain a schedule of major activities and milestones for relocation. Upon
City's written approval of the estimated cost, initiate the assignment in a timely manner.
• Provide relocation advisory services
• Meet personally with each displacee to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process
• Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City
Document and log all contacts and activities
• Prepare and distribute informational brochures and other required notices
• Determine each displacee's eligibility for relocation; prepare an estimated timeline and
benefits. All. Notice of Eviction's (NOE) must be reviewed by the City prior to
presentation to displacee
• Prepare "Relocation Claim Package" in accordance with City approved format
Claim package roust clearly identify the beneficiary of the claim (tenant or owner),
benefit calculations per Caltrans standards, assignment of benefit forms signed by all
parties and the consultant, 13 r9 to match the name of the claimant as appears on the claim
form, All claims must include the (NOE).
City of Santa Ana RFP 17-065
Page Al -5
25L-70
• Relocation checks requested for pick up by consultant must be picked up by authorized
personnel from City with a signed receipt.
• Consultant must practice a system of "checks & balances" for delivery of relocation
checks to recipients, It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant.
• Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displaeees
• Obtain Moving bids and prepare estimate of benefits
• Coordinate closely with Property Management consultant so that proper fencing, board
Lip, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings
• and asbestos can begin immediately upon vacancy of the buildings
Residential Relocation Services shall include but not limited to:
• Prepare Residential relocation claims and submit to the City for approval and payment
• Personally inspect replacement dwellings and/or buildings and sites to determine if they
meet decent, safe and sanitary regulatory requirements
• Coordinate the move with displacee
• Prepare certification of abandonment and submit to the City
Business Relocation Services shall include but not limited to:
• Conduct interviews and establish eligibility for relocation benefits.
• Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an
inventory of Personal Properly, accompany the appraiser if requested.
Coordinate with Real Estate appraiser to ensure there's no duplication of benefits,
accompany the appraiser if requested,
Coordinate with Business Goodwill appraiser and provide necessary assistance
• Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
• Determine eligibility for In -Lieu payment
• Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties
Determine actual and reasonable search expenses
• Arrange for a final walk-through inspection of the property with displacee
Coordinate and monitor the move to ensure City purchased items are not part of the
move.
When Personal FF&E is purchased from tenants, consultant must assist the City for Bulk
Sale of the purchased items.
Prepare final claim, certification of abandonment and submit to the City
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
amam
City of Santa Ana RFP 17-065
Page Al -6
25L-71
Contractors:
Verify licensing
• Prepare mover instruction form
Schedule and coordinate bids
Attend site inspection, if necessary
Review and compare bids
Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (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 displaced people. Specifically, this report shall identify 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.
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.
(M) PROPERTY MANAGEMENT SERVICES:
Description of Work:
Consultant will coordinate all of the property management tasks with City staff and the
demolition contractor as deemed necessary, Consultant shall provide post acquisition property
management services 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 consultant is
required to inspect all City owned properties and to confirm tenancy of occupants.
City of Santa Ana RPP 17.066
Page Al -7
25L-72
Property Management duties shall include but not limited to:
Review existing leases, licenses, franchises, easements, permits and other agreements for
City properties,
• Negotiate and draft new agreements or make revisions to existing agreements for
approval by the City.
• Collect rent and calculate tenant rental adjustments, increases and operating expenses for
approval by City. Calculate the market rent for hold over tenants for owners that will not
vacate the property within 3 days after closure of escrow and provide rental agreements
to be executed for both patties and include in the escrow documents.
• Coordinate with escrow companies for transfer of leases, security deposits and rents prior
to close of escrow.
Schedule, coordinate, and perform property maintenance tasks with qualified vendors.
• Perform periodic site inspection visits for subject properties as required by the City to
ensure site security from vandalism.
• Meet and inspect the City properties post -acquisition to ensure conformance with
appropriate regulations.
• Prepare and submit weekly status reports for all properties being managed. Report shall
include at a minimum, property address, owner's name, tenant's name and contract rent
amount, notices, vacancy date and demolition.
• Maintain and update tenant databases.
Coordinate with City's acquisition/relocation consultant for post -acquisition Property
Management of City properties.
• Act as Property Management Liaison between the tenants and City,
• Coordinate with all utility companies for transfer and disconnection including but not
limited to City 'Water Department, SCE, Gas Company, Waste Management and cable
and telephone utilities.
• Coordinate the removal of meters with utility companies in a timely manner to ensure
scheduled demolition of structures,
• Provide Security Services as needed. Security service may be required to deter the
vandalism of vacant properties. Hours may vary depending on the need for day or night
time security.
Provide comprehensive maintenance services including the yard and site maintenance.
• Coordinate vacancy of the properties with acquisition/relocation consultant.
• Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security
prior to demolition.
• Arrange for board up if there was any break- in of the original Board Up.
• Coordinate and provide access to properties, with demolition contractor.
• Coordinate eviction of tenants if necessary with City staff.
• Coordinate with Escrow Companies fox transfer of tenant information upon closure of
escrow.
TRUST ACCOUNT:
Consultant shall establish a separate checking account in the name of City and Consultant with
the City to be co-owner of the account and have full access at a bank approved by City and
conform to the following policies:
a) At the creation of the account, Consultant shall document all tenancies that currently exist
at City -owned properties and provide the following information for each: tenant name,
monthly rent amount, security deposit amount, beginning date of tenancy, and ending
date of tenancy. This report shall be updated monthly to reflect any new tenants.
Page Al -8
25L-73
b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf
of City into account, including but not limited to rent, security deposits, and any amount
that may become due by tenants.
c) Funds may only be withdrawn by Consultant to pay property management related
expenditures, including without limitation repairs, utilities, and maintenance, in an
amount up to $1,000. Expenditures in excess of $1,000 must be approved by City,
d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property
management funds are spent efficiently.
e) The operating reserve amount in the account shall be $5,000 per parcel, Consultant is
required to remit Hinds above the operating reserve amount after subtracting the projected
expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH
or wire within fifteen (15) days of the most recently completed month, On monthly
basis, the Consultant should remit an itemized statement identifying revenues and
expenditures collected and/or incurred during the period as noted in Section (h) below.
(1) All expenditures, regardless of amount, must be supported by itemized invoice that tracks
expenditures by tenant and corresponding City approval if applicable.
g) Changes to the rental information, such as addition of tenants, and/or rental termination,
must be approved by the Public Works Agency. Within ten (10) days of such approval,
Consultant shall conium all changes in writing to City's Public Works and Finance and
Management Agencies.
h) Consultant is required to maintain books and records in compliance with Generally
Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant
shall provide a listing of the following:
i. Rental income by tenant (identify property address)
ii. Expenditures by category (e.g., utilities, maintenance, property management fees,
etc,)
i) Consultant shall make available all books and records related to the services provided to
City Finance staff or independent Certified Public Accounting Film acting on behalf of
City.
j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to
conduct an examination of Consultant's books and records related to above -referenced
service. The examination may be conducted on annual basis or upon City's discretion on
reasonable notice.
WEEKLY STATUS REPORTS:
Consultant shall provide to the City Weekly Status reports relating to the management and
operation of the premises for the preceding calendar week, These documents shall include the
following, but not limited to:
Proper records with respect to leasing, management, and operation of the premises (i.e.
receipts, disbursements, etc.)
• Contractor competitive bids
• Tenant information, Owner's information, beginning date of tenancy, ending tenancy and
vacate date, rent amount, security deposit, past due rents, 90 -day notice dates, Fencing,
Board Up, and Testing date, Utility shut off and meter removal dates.
Status report must also include inspection dates and any action items needed during the
inspection and follow up of the action items.
City of Santa Ana RFP 17-066
Page Al -9
25L-74
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
25L-75
Right of Way Management & Implementation
Senior Program Manager
$250.00 per hour
Program Manager
$200,00 per hour
Senior Project Manager
$150.00 per hour
Project Manager/Project Controls Manager
$130,00 per hour
Sr. Acquisition Agent/Sr. Relocation Agent/Sr, Analyst
$115,00 per hourT
Acquisition Agent/Relocation Agent/Analyst
$105.00 per hour
Real Estate Appraisal
Managing Director/Director
$275.00 per hour
Senlor Valuation Analyst v
$225.00 per hour
Valuation Analyst
$150,00 per hour
Assistant Valuation Analyst
$105.00 per hour
Utility Coordination
Utility Manager
$150.00 per hour
Senior Utility Coordinator
$130.00 per hour
Utility Coordinator
$115,00 per hour
Right of Way Engineering
Project Engineer (PE) $200,00 per hour
Survey Manager (PLS)
$175,00 per hour
ROWS/Survey Analyst
$130,00 per hour
GIS/CARD Analyst
$105,00 per hour
_
4uYProperty Management/ Property Services
Property Management Supervisor $150,00 per hour
Property Manager
$115,00 per hour
Property Services Supervisor
$115,00 per hour
Community Liaison i
$105,00 per hour
Landscape Crewperson $40.00 per hour
Project Support/Administrative
Project Support Specialist
per hour
Administrative Assistant
_$75,00
$55,00 per hour
25L-76
EXHIBIT C
CERTIFICATIONS
C- I through C-3
25L-77
Appendix ,
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CONSTRUCTABILITY REVIEW
NON -COLLUSION AFFIDAVII"
("Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not mado in the Interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid I$ gentdrte and not collnsiva or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not dhcetly or Indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the 13IDDER has not in any maturer, directly or indirectly, sought by agreement,
coitununicatlon, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, a, to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the publlo body awarding the contract of anyone interested in the proposed contract; that all statements contained In
the bid are true; and, further, that the BIDDER has not, directly or Indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any tee to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Nou-collusion Affidavit is part of the Proposal. Signing this Proposal ora the signature
portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that
malting a false certificatyowrrt t Jact the cett[fier to criminal prosecution.
state of California
County of
Subscribed and sworn to (or affirmed) before rue on tye day of 20_,u, by
, proved to me on the basis of satisfactory evidence to be the parsons) who appeared
before me,
Notary PublicSign% Notary Public Seal
n
City of Santa Ana RFP
Page A3.1
25L-78
;�I,;\lIdAT1R1/A1
A notary pub is or other officer completing this certificate verifies only the Identity of
the individual who signed the document to which this certificate Is attached, and not
the truthfulness, accuracy, or validity of that document,
State of California )
County of IC)S 'Y (1 e _ If )
Subscribed and sworn to (or affirmed) before me on this ,.fir/ day
of �'l 20 by
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
AtlTtA UEVARA
COMM. #2169828 m
Notary Public • California c
loo Angelo Countyry
hea CCL 18 YVij
(Seal)
Signature �16t ,
a ()y�L4�2�
GlpflonM Information
Although the Information IB this section Is not required by law, It call cl prevent fraudulent u noval and reattachment of tbis)urat to an unauthorized document
end may prove useful to persons relying on the attached document,
Description of Attached t7ocunlent
This certificate Is attached to a document titled/for the purpose of
containing pages, and dated
u1ltUl irciru rt kiln iir)�>
Methodof Affiant Identification
_....__..._
Proved to me on the basis of satisfactory evidence;
Ofoun(dofidenliacatlun Ocrediblewmaess(es)
Notarial event is detailed in notary journal on:
Page it Entty#
Notary contact:
other
[] Affiant(s)Thumbprint(s) [-.] Describe,
m Coo%right Y00P 2016 Notary Rotary, Inc Po Cox 411100, ops bloln¢s. IA 50311-0507. All Poghtf fieeerved. Item Number IoIDeA. Please mnmct your A.1110r ¢ed Nesall r ro purchase coPles of thl, form.
25L-79
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
CONSTRUCTABII,ITY REVIEW
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the malting of any federal grant, the malting
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2, If any funds other than federal appropriated fiords have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agrcornent, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Scction 1352, Title 31, U. S. Code, Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for eaeb such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
Finn Overland, Pacific & Cutler,
Signed and Printed Name: / i `1" 7
Title VP/Managing Director, Transportation
Date 7/3/2017
City of Santa Ana RFP
Page A3-2
25L-80
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CONSTRUCTABILITY REVIEW
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows;
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant 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 be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to rage, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 0£ September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders 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 of the Consultant's non-compliance with the nondiscrimination 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 Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized, in
Execution Order 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 Consultant 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
EMMERE-
City of Santa Ana RFP
Page A3-3
25L-81
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
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 Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
&. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works 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 consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title: VP/Managing Director, Transportation
Firm: Overland, Pacific & Cutler, Inc.
Date: 7/3/2017
r
City of Santa Ana RFP
Page A3-4
25L-82
AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY
PROPERTY MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into this day of August, 2017 by and between
Paragon Partners, UrD., a California corporation ("Consultant"), and the City of Santa Ana, a
charter city said municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought
consultants to provide on-call right of way property management services in connection
with various street improvement projects.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services as described in the
scope of work that was included in RFP No. 17-065 for property management services and
attached as Exhibit A to this Agreement,
C. hi 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:
I. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the
property management services that are described in Scope of Services - Exhibit A, attached hereto
and incorporated by reference. Consultant's proposal is incorporated by reference as though fully
set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The
total amount to be expended shall not exceed $300,000 during the term of the
Agreement, including any extension periods exercised under Section 3.
b. 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 set forth
in the Recitals which may reasonably be expected by City.
Page 1 of 8
EXHIBIT 4
25L-83
3. TERM
This Agreement shall commence on the date first written above and continue for three 3
ey ars. unless terminated earlier in accordance with Section 15, below. The term of this Agreement
may be extended for up to one additional two (2) year period upon a writing executed by the City
Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee 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 mamier consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medirsn of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes untended by this Agreement shall be at City's sole risk.
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. Cormnercial General Liability hisurance. Consultant shall maintain commercial.
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
Page 2 of 8
EXHIBIT 4
25L-84
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, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
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.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
o. "Worker's Compensation Insurance. In accordance with the provisions of Section
3700 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. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $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 by the City.
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.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
If Consultant fails or refuses to produce or maintain the insurance required by tivs
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 affect
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, INIDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, 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
Page 3 of 8
EXHIBIT 4
25L-85
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the set -vices 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 terns of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement,
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and snake transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours, Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of duce
(3) years from the date of 'final payment to Consultant under this Agreement,
10. 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
Page 4 of 8
EXHIBIT 4
25L-86
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,
11. 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. Conflict may be
further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement
by reference.
12. 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 and as further specified in
Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. 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 notbe 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 terns and conditions hereof, shall not bind or obligate Consultant or 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 is not embodied herein.
14. 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 assigrmront, 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.
Page 5 of R
EXHIBIT 4
25L-87
15. 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(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies,
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, perforrnanec, and enforcement of any of the clauses of this Agreement shall be
deternined 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. PROFESSIONAL LICENSES
Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature heroin below 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.
Page 6 of 8
EXHIBIT 4
W714FOO,
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement,
20, 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 fax or other telegraphic communication in
the mariner 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
Fax: 714- 647-6956
With courtesy copies to:
Fred Mousavipour
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O, Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
Neilia LaValle
President & CEO
Paragon Partners, LTD
5762 Bolsa Avenue, Suite 201
.Huntington Beach, CA 92649 Phone: 714-379-3376
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 fax, 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.
Page 7 of 8
EXHIBIT 4
25L-89
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
By;�1��
John Vnk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
Cynthia Kurtz
Interim City Manager
CONSULTANT:
Neilia LaValle
President & CEO
Tax ID#
EXHIBIT 4
25L-90
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
25L-91
Appendix
ATTACHMENT 1
SCOPE OF WORK.
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
RIGHT OF WAY ACQUISITION -RELOCATION AND
PROPERTY MANAGEMENT SERVICES
RFP NO. 17-065
Introduction and Background:
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call
Bight of Way Specialty Services firms to provide On -Call Right of Way Specialty services on an
as -needed basis.
From the proposals received, it is the City's goal to select one or more firms to enter into
agreement(s), The capital improvement projects needing the right-of-way services include, but
not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street
Improvements, The total amount to be expended shall be shared among all consultants providing
these services.
The services being considered for contract are the following "Specialty Areas":
Maximum Contract
Specialty Areas Aggregate Amount
Al) Acquisition/Relocation * $600,000
(A2) Prqpeiiy PropertyManagement Services * $400,000
Consultants are encouraged to prepare proposals for multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the
proposals received, it is the City's goal to select one to two firms for each of the specialty
services (Al and A2), The City will enter into separate agreements (tire "Agreement") with
each of these firms, Work will be assigned by Contract Task Orders. As tasks are identified,
they will be distributed among these firms based upon their ability to perform the required
work within the project schedule and budget constraints, Detailed scope of work and the fee
will be outlined when a specific task is assigned to a consultant. The City reserves the right to
distribute the work in any manner which will best serve the City's interests.
* Please note that Right of way funis arc welcome to submit proposals for both Specialty
Areas. However, the firm providing the Acquisition/Relocation for selected parcels will not
be selected for Property Management services for the same parcels.
City of Santa Ana RFP 17-065
Page Al -1
25L-92
Minimum Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the
California Department of Transportation (Caltrans) Right of Way Manual which can be accessed
at: http://www.dot.ca gov/hnhrow/rowman/manupl/indcx.lttm.
Consultant must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
Description of Work;
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
• 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.
• All acquisition/relocation agents, 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 cavy 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 the 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. Sub -consultant markup is not allowed in this contract.
• 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 shall be maintained and bound in
City of Santa Ana RFP 17-065
Page Al -2
25L-93
appropriate project files. Additionally, all electronic files shall conform to the City's file
naming system.
• 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 inspection and audit by City, County, State and
Federal representatives.
• Consultant's Project Manager and critical staff must attend the monthly meetings with
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
• Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
• Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisidon/relocation and property management services.
• All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the Project,
• Consultant must prepare electronic files of the parcels in according to Caltrans Review
Process for right-of-way Certification.
• Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as
requested by the City.
• 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 such
notification, the Consultant will proceed with the services required by the Agreement.
AI ACQUISITION SERVICES:
Consultant shall be Responsible for: "good faith negotiations" with property owners for the
purchase of right-of-way based on values established in the reviewed and approved appraisals;
adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable
laws and regulations; preparation of all written correspondence, applicable forms and City's
standard purchase agreement; coordination with City staff; performance of notary services
related to the signing of acquisition documents; escrow coordination with Agency's selected title
company; completion of final close-out work per Caltrans requirements; and maintenance of all
acquisition files including acquisition diaries.
City of Santa Ana RFP 17-065
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25L-94
Acquisition Consultant Responsibilities ander the Uniform Act:
• Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
• Expeditious acquisition within 30 days of approved appraisal.
• First Written Offer should be presented in person when possible.
• Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case,
• Owner to be given reasonable time to consider City's offer and present material relevant
to value determination (i.e., 30 days and a minimum of 3 contacts),
• Payment is required before taking possession unless date of possession clause is used in
contract. Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
• Preparation of Administrative Settlements when it is reasonable and in the public interest.
• Diary entries including confirmation of delivering Title VI information.
Acquisition tasks shall include but not limited to:
• 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 City, prior to providing services. There shall be no changes in the Approved
Personnel without written concurrence of the City.
• Prepare and maintain 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.
• Present strategies for negotiating successfully and reach agreements with Property
Owners and their representatives and to close the acquisition Process.
• Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and emissions by Approved Personnel.
• As deemed necessary by the City, meet with the City and other staff as requested,
• Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
• Coordinate with the appraisers for site inspection
• Review appraisal reports to ensure conformity with the environmental document and the
Right -of -Way (ROW) Map.
• Prepare and assemble the "Offer Package" using the format approved by the City for City
signature.
• Meet & Present written purchase offers to property owners as directed by staff.
• Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
• Supplement negotiations by obtaining and reviewing counter offers or demands from
City of Santa Ana RFP 17.065 !�
Page Al -4
25L-95
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.
• Obtain property owners' signature on the Purchase & Sale Agreements (PSA)
• Obtain re -conveyance 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.
• Open Escrow after execution of PSA by the City and Coordinate closely with title &
escrow companies to ensure escrow is closed on-time and properly.
• Coordinate with lenders and escrow companies to obtain partial re -conveyance for part
take acquisitions and obtain approval for close of escrow.
• Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
• Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor's parcel map (APN) and all other important
information required to monitor progress of acquisition cases
(Al CONTINUED) RELOCATION SERVICES
Consultant shall 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:
General Relocation Services:
• Prepare and maintain a schedule of major activities and milestones for relocation. Upon
City's written approval of the estimated cost, mitiato the assignment in a timely manner.
• Provide relocation advisory services
Meet personally with each displacee to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process
Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City
• Document and log all contacts and activities
Prepare and distribute Informational brochures and other required notices
Determine each displacee's eligibility for relocation; prepare an estimated timeline and
benefits. All Notice of Eviction's (NOE) must be reviewed by the City prior to
presentation to displaeee
Prepare "Relocation Claim Package" in accordance with City approved format
• Claim package must clearly identify the beneficiary of the claim (tenant or owner),
benefit calculations per Caltrans standards, assignment of benefit forms signed by all
panties and the consultant, W9 to match the nane of the claimant as appears on the claim
form. All claims must include the (NOE),
City of Santa Ana RFP 17-065
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25L-96
• Relocation checks requested for pick up by consultant must be picked up by authorized
personnel From City with a signed receipt.
• Consultant must practice a system of "checks & balances" for delivery of relocation
checks to recipients. It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant.
• Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees
• Obtain Moving bids and prepare estimate of benefits
• Coordinate closely with Property Management consultant so that proper fencing, board
up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings
• and asbestos can begin immediately upon vacancy of the buildings
Residential Relocation Services shall include but not limited to:
• Prepare Residential relocation claims and submit to the City for approval and payment
• Personally inspect replacement dwellings and/or buildings and sites to determine if they
meet decent, safe and sanitary regulatory requirements
• Coordinate the move with displaces
Prepare certification of abandonment and submit to the City
Business Relocation Services shall include but not limited to:
• Conduct interviews and establish eligibility for relocation benefits.
• Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an
inventory of Personal Property, accompany the appraiser if requested.
• Coordinate with Real Estate appraiser to ensure there's no duplication of benefits,
accompany the appraiser if requested.
• Coordinate with Business Goodwill appraiser and provide necessary assistance
• Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
• Determine eligibility for In -Lieu payment
Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties
• Determine actual and reasonable search expenses
• Arrange for a final walk-through inspection of the property with displacee
Coordinate and monitor the move to ensure City purchased items are not part of the
move.
When Personal FF&E is purchased from tenants, consultant must assist the City for Bulk
Sale of the purchased items.
• Prepare final claim, certification of abandonment and submit to the City
Construction and moving bid services shall include:
Movers:
Conduct on site inventory and photos
• Complete certified inventory and mover instruction form
• Schedule and coordinate birds
Attend site inspection, if necessary
• Review and compare bids
City of Santa Ana RFP 1i-065
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25L-97
Contractors:
• Verify licensing
• Prepare mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
• Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (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 displaced people. Specifically, this report shall identify 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.
The Relocation Plan shall include:
+ Description of the proposed projeot 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.
(AZ) PROPERTY M NAGEMENT SERVICES:
Description of Work:
Consultant will coordinate all of the property management tasks with City staff and the
demolition contractor as deemed necessary. Consultant shall provide post acquisition property
management services 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 consultant is
required to inspect all City owned properties and to confirm tenancy of occupants.
City of Santa Ana RPP 17-065
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25L-98
Property Management duties shall include but not limited to:
• Review existing leases, licenses, franchises, easements, permits and other agreements for
City properties.
• Negotiate and draft new agreements or make revisions to existing agreements for
approval by the City.
• Collect rent and calculate tenant rental adjustments, increases and operating expenses for
approval by City, Calculate the market rent for hold over tenants for owners that will, not
vacate the property within 3 days after closure of escrow and provide rental agreements
to be executed for both parties and include in the escrow documents.
• Coordinate with escrow companies for transfer of leases, security deposits and rents prior
to close of escrow,
• Schedule, coordinate, and perform property maintenance tasks with qualified vendors.
• Perform periodic site inspection visits for subject properties as required by the City to
ensure site security from vandalism.
• Meet and inspect the City properties post -acquisition to ensure conformance with
appropriate regulations.
• Prepare and submit weekly status reports for all properties being managed. Report shall
include at a minimum, property address, owner's name, tenant's name and contract rent
amount, notices, vacancy date and demolition.
• Maintain and update tenant databases.
• Coordinate with City's acquisition/relooation consultant for post -acquisition Property
Management of City properties.
Act as Property Management Liaison between the tenants and City.
• Coordinate with all utility companies for transfer and disconnection including but not
limited to City Water Department, SCE, Gas Company, Waste Management and cable
and telephone utilities.
• Coordinate the removal of meters with utility companies in a timely manner to ensure
scheduled demolition of structures.
Provide Security Services as needed. Security service may be required to deter the
vandalism of vacant properties. Hours may vary depending on the need for day or night
time security.
Provide comprehensive maintenance services including the yard and site maintenance.
Coordinate vacancy of the properties with acquisition/relocation consultant.
• Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security
prior to demolition.
Arrange for board up if there was any break- in of the original Board Up,
Coordinate and provide access to properties, with demolition contractor.
• Coordinate eviction of tenants if necessary with City staff.
Coordinate with Escrow Companies for transfer of tenant information upon closure of
escrow.
TRUST ACCOUNT:
Consultant shall establish a separate checking account in the nacos of City and Consultant with
the City to be co-owner of the account and have fiill access at a bank approved by City and
conform to the following policies:
a) At the creation of the account, Consultant shall document all tenancies that currently exist
at City -owned properties and provide the following information for each: tenant name,
monthly rent amount, security deposit amount, beginning date of tenancy, and ending
date of tenancy. This report shall be updated monthly to reflect any new tenants.
f Santa Ana RFP 1
Page Al -8
25L-99
b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf
of City into account, including but not limited to rent, security deposits, and any amount
that may become due by tenants.
c) Funds may only be withdrawn by Consultant to pay property management related
expenditures, including without limitation repairs, utilities, and maintenance, in an
amount up to $1,000. Expenditures in excess of $1,000 must be approved by City.
d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property
management funds are spent efficiently.
e) The operating reserve amount in the account shall be $5,000 per parcel. Consultant is
required to remit funds above the operating reserve amount after subtracting the projected
expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH
or wire within fifteen (15) days of the most recently completed month. On monthly
basis, the Consultant should remit an itemized statement identifying revenues and
expenditures collected and/or incurred during the period as noted in Section (h) below.
(f) All expenditures, regardless of amount, must be supported by itemized invoice that tracks
expenditures by tenant and corresponding City approval if applicable.
g) Changes to the rental information, such as addition of tenants, and/or rental termination,
must be approved by the Public Works Agency. Within ten (10) days of such approval,
Consultant shall confirm all changes in writing to City's Public Works and Finance and
Management Agencies.
h) Consultant is required to maintain books and records in compliance with Generally
Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant
shall provide a listing of the following:
L Rental income by tenant (identify property address)
ii, Expenditures by category (e.g., utilities, maintenance, property management fees,
etc.)
i) Consultant shall make available all books and records related to the services provided to
City Finance staff or Independent Certified Public Accounting Firm acting on behalf of
City.
j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to
conduct an examination of Consultant's books and records related to above -referenced
service. The examination may be conducted on annual basis or upon City's discretion on
reasonable notice.
WEEKLY STATUS REPORTS:
Consultant shall provide to the City Weekly Status reports relating to the management and
operation of the premises for the preceding calendar week. These documents shall include the
following, but not limited to:
• Proper records with respect to leasing, management, and operation of the premises (Lo,
receipts, disbursements, etc.)
• Contractor competitive bids
• Tenant Information, Owner's information, beginning date of tenancy, ending tenancy and
vacate date, rent amount,_ security deposit, past due rents, 90 -day notice dates, Fencing,
Board Up, and Testing date, Utility shut off and motor removal dates.
• Status report must also include inspection dates and any action items needed during the
inspection and follow up of the action items.
~� City of Santa Ana RFP 17-065
Page AM
25L-100
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
25L-101
I PAR OE
PARTNERS
UD
2017 Schedule of Professional Fees
Classification
Hourly Rate
Project Director
$195.00
Project Manager
$175.00
Principal Acquisition Agent
_
$115,00
Senior Acquisition Agent
m_—..
$ 9500
Acquisition Agent
$ 85.00
Principal Relocation Agent
$115,00
Senior Relocation Agent
$ 95,00
Relocation Agent
$ 85.00
Title Manager
�
$135.00
Title Supervisor
_
$120.00
Senior Title Agent
_
$ 95.00
Title Agent v
$ 85.00
Project Controls Specialist
$ 85.00
Project or Escrow Coordinator
$ 75.00
Right of Way Engineer P.E.
$150.00
Senior Right of Way Engineer/GIS Supervisor
$125.00
Associate Right of Way Engineer/GIS Specialist
$ 95.00 _
Right of Way Engineering Technician^�
mmvT $ 75.00
Administrative Support µ.
_.
$ 65.00.
Office Clerk
$ 50,00 T
IT Support
$125.00
Depositions and Court Testimony
Direct
Copies (Xerox) @ $0.15 each
Charges
Cellular
$250.00
@ Cost
D & E Size Copies J$5.00 each
Air Travel & Lodging
@ Cost
_ �@
Real Estate Data Services @ Cost+ 15%
Mileage
@ $0,535 per mile*
Telephone/Pax @ Cost
Subconsultants
@ Cost d- 15%
Postage/FedEx @ Cost
Other Expenses
@ Cost+ 15%
*Or current IRS allowable
Terms of Payment
Net 30 days. Invoices will be submitted monthly. All rates are effective as of January 1, 2017. Rates may
be revised annually on January 1 to reflect Increases in the cost of living and current business conditions.
Overtime for applicable labor classifications will be charged at 1,5 times the hourly rate in accordance
with California law,
25L-102
EXHIBIT C
CERTIFICATIONS
C-1 through C-3
25L-103
;1*8r ur 9 r
Paragon has provided our pricing proposal in a separately sealed envelope, as requested by the City.
IV. CERTIFICATIONS
T Appendix
ATTACHMENT 3-1: NON-COLIALISION AFFIAAVI`C
Cis ITIFICATIONS
CONSTRUCTARILITY REVIEW
('fide 21(Iniwd States C:odo 5oatlon t 12 and
Public Contract Coda Scctlo l 7106)
,ro tie CITY OP SAN'T'A ANA nCPAW M&:NT Op PUiB K WORKS
In accordance with ,ritle 29 Uniled Stales Code Soalion 112 and Pubile Contract Coale 7106lite RIDOP'3? doelnros
01at the laid is not made in file Interest of, m' on behalf ol', airy aulisdrised porson, partnership, conateny, association,
al'ga11f1JaliMy
at, corperadon; that taw bill la gelnnine and ]lot Collusive or eland flue tlhe BIDDER iraA not directly Or
IndliNtiy Induced or aoliehui any olio, Idll)n1jrR at put in it tattle or sltant bid, and Has not directly or Indirectly
eolhrdvd, consphud, connived nr nydred w10+ any SIDDLR or anyone eltio 10 plat in a sham bid, or ilia[ atyoua shall
retrain Grail bhldit>p; that the DIDDI'M hes not f l ally manner, directly or indh'udly, Nought by ngrnwncnb
conlmunicalian, nr Cloche mac with anyone to IN the hid price Of file 1310DhR or any BIDDER, or to fix ally
overhead, profit, at' cost chancel or the bld price, or of that oN my caber DIDI)GR, or to secure any advantage epireit
the public body awarding the maract of anyone interested in the proposed conhrect that all slafenaenls containori its
ilm bid are (runt and, further, that rhe [nDDBR has not, dhvcily or Indirectly, submitted his or her bill prize; nr any
breakdowa thereof, or the contents thereof, or divulided information or data relative thatvto, or paid, and Will not pay,
'illy li:o to ally Corporation, partnmshlp, company association, organization, bid depositary, or to any member or agent
thereof to COCC MIC a allusive mshorn bill.
Note: 'fila above Non -collusion Affidavit is pall[ or (lie Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature orlhis Nan•collusiml Anidavit, BIDDrRS nun cautioned [flat
malciogaraise codification nla sobleClthecel1ifiertocrintinalprosCoution.
Signed
State of California
County Of fthj'Q.
Subcalilxd w sworn to (,or afHraled) before hie on ills day of y'"�[td'u , 201± by
011--- uC�.. ,Proved Ut nue on the bncls of sntiaPaCGrsry avlalenoe to bo dile person(s) Who appoais!d
Liotbr'e tine.
Kp 1
Comm, 0214"11
na.rywtlik COW""
Q(M/QRaaalny
,"�}( Camm.BpNraPAu8l,Nna
ONO PulliC SignaturC Notary Public Seal
City of Santa Ana RFP
Page AM
Ill> viii e�Z" CITY OF SANTAANA I ON. CALL RIGHT or WAY PROPERTY MANAUMFNT SL Rvic '
25L-104
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATION'S
CONSTRUCTABILITY REVIEW
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of Ills or her
knowledge and belief, that:
L No federal appropriated funds have been paid or will be paid, by or ort behalf of the undersigned, to
arty person for infl uencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, all officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the, making of any federal grant, the making
of tiny federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amencbnent, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence nny officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification Is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 3'I, U, S. Code, Any person who fails to file file required certification shall be subiect to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that lie or she shall require that the
language of this Certification be included in all lower tier snbeontraets, which exceed $100,000 and that all such sub
reeiplents shall Certify and disclose accordingly.
Firm paragon partners Ltd.
Signed and Printed Name: Neilin LaValle
Title President and CEO
Date 6/29/2017
City of Santa Ana RFP
Page A3-2
Aarn�s
Ilk P
rn�s CITY OF SANTA ANA I ON-CALL RIGHT OF WAY PROPERTY MANAGEMENT SERVICES
25L-105
Appendix
ATTACHMENT 3-3: NUN -DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CONSTRUCTARILITX REVIEW
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during omploymont without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin,
3, The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreomont or other contract or understanding, a notice to be provided Advising
the said labor union or workers' representatives of the Consultant's commitnnents under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply 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 Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, I965, and by rules, regulations, and orders 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,
in the event of the Consultant's non-compliance with the nondiscrimination 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 Consultant may be declared ineligible for further Government
contract's or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 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 Consultant 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
City of Santa Ana RFP
Page A3-3
25L-106
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontmet
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 Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the adm nistering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works 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 consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed! p� — — — •.
Title: President and CEO
Firm: Paragon Partners Ltth
Date: 7/20/2017
City of Santa Ana RFP
Page A3-4
25L-107
25L-108