HomeMy WebLinkAboutHENNESSEY & HENNESSEY LLC (2)INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:
A-2021-221-03
AGREEMENT TO PROVIDE ON -CALL PROPERTY APPRAISAL SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 16th day of November, 2021 by and between
Hennessey & Hennessey LLC, a California limited liability company ("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").
DEC 0 2 2021
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
property appraisal and services on an as needed basis.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on -call basis, and at the City's sole discretion, Consultant shall perform the services
described in the scope of work that was included in RFP No. 21-103, which is attached as Exhibit
A, and as more specifically delineated in Consultant's proposal, which is incorporated by reference
as though set forth filly 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.
Consultant is one of three (3) consultants selected to provide property appraisal services
on an on -call basis under RFP 21-103. The total compensation for these services
provided by all such consultants selected under RFP 21-103 shall not exceed the shared
aggregate amount of $300,000 during the term of the Agreement, including any
extension periods.
b. Payment by City shall be made within 45 days (forty-five) 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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KINONEYWIiIN
This Agreement shall commence on the date first written above and terminate on November
15, 2024, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for two 1-year period upon a writing executed by the City Manager
and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. 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
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the purposes intended by this Agreement shall be at City's sole risk.
7. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Coverage shall be at least as broad as:
Commercial General Liability (CGL Insurance: Insurance Services Office
Form CG 00 01 covering CGL on an "occurrence" basis, including products
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability Insurance: Insurance Services Office Form Number CA
0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for
bodily injury and property damage.
3. Workers' Compensation Insurance: as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance: appropriates to the
Consultant's profession, with limit no less than $2,000,000 per occurrence or
claim, $2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to contain,
the following provisions:
Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20
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10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2. Primary Coverage- For any claims related to this contract, the Consultant's
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant's insurance
and shall not contribute with it.
3. Notice of Cancellation- Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the
City. The City may require the Consultant to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self -insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best's rating of no less than AXII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims -made
basis:
1. The Retroactive Date must be shown and must be before the date of the contract
or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a Retroactive Date prior to the contract effective date,
the Consultant must purchase "extended reporting" coverage for a minimum of
five (5) years after completion of contract work.
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H. Verification of Coverajze- Consultant shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
8. 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
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.
9. 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.
10. 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
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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.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14. 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
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terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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.
15. 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.
16. TERNIINATION
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.
17. 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.
18. 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.
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19. 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.
20. 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.
21. 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:
Nabil Saba
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
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To Consultant:
Sharon Hennessey, President
Hennessey & Hennessey LLC
17602 17th Street, Suite 102-246
Tustin, CA 92780
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.
ATTEST:
CITY OF SANTA ANA
Gomez KrIffne Ridge
of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: dcamng= A Rr :"
Laura A. Rossini
Chief Assistant City Attorney
APPROVAL:
Q 4,
Saba
tive Director
Works Agency
CONSULTANT:
Sharon Hennessey
President
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EXHIBIT A
SCOPE OF SERVICES
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Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL PROPERTY APPRAISAL SERVICES
RFP NO.21-103
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to
provide On -Call Property Appraisal services on an as -needed or "on -call' basis.
It is the City's goal to select one or more firms to enter into an agreements with to provide as
needed property appraiser services for capital improvement projects (CIP). The CIP projects
needing these right-of-way services include, but are not limited, to Warner Avenue, Bristol Street,
Fairview Street, and Grand Avenue Street Improvements.
Maximum Contract
Property Appraisal Services Aggregate Amount
$148,000
From the proposals received, it is the City's goal to select up to three firms for property appraisal
services for the on -call pool. The City will enter into separate agreements (the "Agreement") with
each of these firms, with a not -to -exceed aggregate amount shared amongst all. 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. A detailed scope of work and corresponding 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.
MINIMUM QUALIFICATIONS
Consultants 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/hq/row/rowman/manual/index.htm.
Consultants 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
City of Santa Ana RFP 21-103
Page Al-1
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 the California
Department of Real Estate (DRE), as working solely under the Consultant's supervising
broker of record.
• Work may include, but is not be limited to, the following:
0 onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
• 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
project related correspondences and documents shall be maintained and bound in
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 of Santa Ana RFP 21-103
Page Al -2
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 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 according to the 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.
PROPERTY APPRAISAL SERVICES
Consultant shall prepare appraisal services that include full and partial acquisition for residential
property; commercial property; industrial property; easements; special use or zoned property; and
review appraisals. Appraisal Services shall be in accordance with federal, state, and local
regulations, policies, procedures and standards. Consultant must make every effort to meet with
the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
• Prepare appraisal report in accordance with the State of California Laws and the Uniform
Standards of Professional Appraisal Practice (USPAP)
• Research records, inspect the site and communicate with the property owner in
preparation of the appraisal report. This might require multiple attempts for site visit and
inspection
• Prepare Real Estate Appraisal reports for full and partial acquisition
• Prepare Appraisal Summary Statements to accompany City's Offer Package
• Prepare Valuation of City's Landscape Setback Easement requirements
• Prepare detailed appraisal report necessary for condemnation
• Coordinate with Fixtures and Equipment Appraisers
• Coordinate with Business Goodwill Appraisers
• Communicate with property owners in writing and as required to obtain adequate
City of Santa Ana RFP 21-103
Page Al-3
information to prepare the report
• Prepare all necessary correspondence, letters and reports
• Provide effective communication with engineers, planners, attorneys, and City staff
• Comply with federal, state and local regulations
• Create files and maintain all records
• Provide condemnation consultations as necessary
• Attend meetings/public hearings and conduct presentations
• Provide expert witness testimony as required for condemnation proceedings
• Coordinate and review of Phase I and Phase II Environmental Studies
• Review appraisal reports prepared by other consultants as required by the City and prepare
review summary
• Prepare Review Appraisal Reports (Required For Federally Funded Projects)
• Coordinate, direct and obtain Review Appraisals in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and
Caltrans guidelines
• Examine all appraisals and corresponding reports
• Seek any corrections or revisions deemed appropriate
• Prepare Dual Appraisal Report as required for federally funded projects under Caltrans
Guidelines
Real estate appraisers must be certified and a Member of the Appraisal Institute
Sample Fee Proposal
Consultant shall describe the process (methods of appraisal, research, and any other necessary
tasks) and provide the proposal fee breakdown to appraise the below sample addresses. The
proposal will be used for fee comparison and evaluation process. The partial acquisition for
Cherry Aerospace shall be 10 feet from the back of sidewalk and all existing improvements within
the acquired area shall be appraised accordingly.
Sample locations for appraisal proposal are the following
• 1224 E. Warner Avenue (Cherry Aerospace Park Take)
• 2246 S. Evergreen Street (Residential Full Take)
PAYMENT AND INVOICING:
Selected Consultant shall invoice the City based on time and material according to the City's
standard invoice template. Tasks and hours shall be clearly identified and all rates must match
those included in the approved agreement. City shall retain ten percent (10%) of the invoice
amount from each payment until the completed Project has been accepted by the City.
Each invoice must include a Consultant Progress Report that contains tasks and activities
completed and summary of work in the next month period. Certificate of insurance must be
current in order for invoices to be processed.
City of Santa Ana RFP 21-103
Page Al -4
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required
information in the RFP. The City will provide only the staff assistance and the documentation
specifically in referred to herein.
• Facilitate meeting spaces and coordination with City staff
• Access to City facilities
CONSULTANT RESPONSIBILITIES:
• Provide all required insurance as outlined in Attachment 2 of this RFP.
• Submit renewal of Certificate of Insurance 30 days before expiring.
• Ensure Certificate of Insurance is current when submitting invoices.
SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall
therefore comply with all state and federal requirements. The below referenced forms included in
Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and
submitted with your proposal:
• LAPM Exhibit 10-H: Sample Cost Proposal
• LAPM Exhibit 10-01: Consultant Proposal DBE Commitment
• LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee
Proposal hard copy package)
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter
10, for further instructions and guidelines pertaining to the completion of these
forms:https:Hdot.ca.14ov/-/media/dot-media/programs/local-assistance/documents/lapm/ch l0.pdf
COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:
This agreement may be funded with state and/or federal grant funds administered by Caltrans.
Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to
Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2
for On -Call Contracts) in the Appendix of this RFP.
DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:
The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE
participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information
included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 —
Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's
DBE goal.
CONSULTANT AUDIT AND REVIEW PROCESS:
City of Santa Ana RFP 21-103
Page Al-5
The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of
Indirect Costs and Financial Management System for all prime and sub -consultants in the
Appendix of this RFP.
To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca. gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms
City of Santa Ana RFP 21-103
Page Al-6
Hennessey & Hennessey LLC
17602 17'" Street, Suite 102-246
Tustin, CA 92780-7915
(714)730-0744
appraisals@h-hllc.com
Proposal for RFP No. 21-103
On -Call Property Appraisal
Services
City of Santa Ana
Attn: Mr. Kenny Nguyen
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, California 92701
September 10, 2021
Original
Fee Proposal
Fee Proposal
1. Hourly Fee Schedule
Employee/Subcontractor Services and Hourly Rate Schedule
Name
Job Title/
Classification
Job Function
Fully Burdened
Hourly Rate*
Sharon A. Hennessey
Senior appraiser
Real estate appraisal
$265
Court testimony
$350
Susan D. Taylor
Associate
Appraisal assistant
$130
Joseph S. Montano
Associate
Appraisal assistant
$100
Subconsultants
Document All Stars
Project support
Document preparation
$75
Geri Easley
Senior appraiser
Real estate appraisal
$265
Court testimony
$350
2. Table Outlining Tasks and Team Efforts
Hennessey & Hennessey utilizes its permanent staff and selected subcontractors on an as -needed
basis to ensure that adequate labor resources are available to complete all contract task orders on
a timely basis.
The following table illustrates a typical labor -hour allocation for a hypothetical assignment, the full
take of a commercially improved property.
Hours to Complete Tasks
Sharon A.
Joseph S.
Susan D.
Document
Task
Hennessey
Montano
Taylor
All Stars
Gather information on subject (e.g., physical
1.00
characteristics, zoning, general plan, taxes,
flood zone)
Inspect subject neighborhood
0.50
0.50
Inspect and photograph subject property
1.50
1.50
Conduct comparable sales search
6.00
Conduct rental survey
4.00
View comparable sales and rentals in field
6.00
6.00
Verify sales
3.00
Analyze valuation and write report
12.00
2.00
Type and prepare report
4.00
Prepare exhibits
2.00
Review, edit, refine document
2.00
3.00
Prepare final document
1.00
1.00
Total
22.00
18.00
12.00
5.00
Proposal for On -Call Property Appraisal Services
RFP No. 21-103, City of Santa Ana
3. Project Fee Schedule
Process for Completing Appraisal Assignment for Addresses
a. Define the appraisal problem, which includes identifying the real estate and real property
rights to be valued, the date of value, the date of the report, the intended uses and users
of the appraisal, the definition of fair market value, and other assumptions and limiting
conditions.
b. Send by mail, in compliance with the statutory requirement, a letter to each property
owner offering the opportunity to accompany the appraiser during a property inspection.
This notice and all contacts with the property owner will be recorded in a parcel diary.
c. For the partial acquisition assignments, contact the City of Santa Ana's representative to
request that surveyors stake or mark the right of way lines on the subject properties for
clarity, prior to the inspection.
d. Conduct the on -site inspections of the subject properties. Photograph, measure, and
itemize the improvements. For the partial acquisition, itemize the improvements within
the part taken.
e. Conduct a field investigation of the subject properties' environs, including gathering data
on the region, city, and neighborhood from governmental agencies, real estate
agencies, city historical documents, planning and zoning documents from the
appropriate city, information from county and city taxing authorities, and other published
sources. The subject data is gathered in order to analyze the pertinent trends and
constraints that could affect the value of the properties.
f. Analyze the highest and best use of each of the subject properties as though vacant and
available for development and as improved (if appraised as improved) as defined in the
appraisal.
g. Search for and analyze relevant, comparable data. Confirm factual information regarding
each sale with the County Assessor's records, the appropriate city's Planning
Department, and other data sources. Confirm the sale with buyers, sellers, or brokers,
when possible.
h. Use the above information in the application of the approach to value. In the case of the
single-family residence, the Sales Comparison Approach will be used. For the partial
taking, the Sales Comparison Approach would be used to appraise the underlying land.
A Modified Cost Approach is used to value the site improvements.
I. Estimate and analyze the fair market value of the full acquisition and the partial
acquisition. For the partial acquisition, specifically analyze the parts to be taken and any
damage and/or benefits that may accrue to the remainders by reason of the takes and
the construction of the project in the manner proposed.
j. Prepare an Appraisal Report in conformance with the Uniform Standards of Professional
Appraisal Practice (USPAP), the Caltrans Right of Way Manual - Chapter 7, Appraisals
(when applicable), State and Federal Uniform Relocation Assistance and Real Property
Acquisition Policies Acts, applicable eminent domain law, state -approved appraisal
requirements, and in some cases Uniform Appraisal Standards for Federal Land
Acquisitions.
k. Provide one draft appraisal report to the review appraiser, if required. Upon approval of
the draft report, provide one original of the final appraisal report and one electronic copy
Proposal for On -Call Property Appraisal Services
RFP No. 21-103, City of Santa Ana
to the City of Santa Ana. Prepare the Appraisal Summary Statement to accompany the
City's offer package.
All of the above activities in the Approach to Scope of Work will be performed by Sharon A.
Hennessey, Susan D. Taylor, or Joseph S. Montano. Subcontractors will be utilized as
necessary.
The fee for appraising the sample properties is as follows:
1224 E. Warner Avenue $4,500
This fee assumes that only the underlying land and site improvements are to be
appraised. No mitigation/cost-co-cure measures are required. No severance damages.
2246 S. Evergreen Street $2,850
Proposal for On -Call Property Appraisal Services
RFP No. 21-103, City of Santa Ana