HomeMy WebLinkAboutPARAGON PARTNERS (3)INSURANCE ON FILE
WORK MAY PROCEED
UNTH. INSURANCE EXPIRES
CLERK OF COUNCIL
DATE:
A-2022-077-03
AGREEMENT TO PROVIDE ON -CALL RIGHT OF WAY SERVICES: PROPERTY
6 ;RIOA(kVvi j M-)(AV) 2 MANAGEMENT SERVICES FOR TIRE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 17" day of May, 2022 by and between
Paragon Partners Consultants, Inc., ("Consultant"), and the City of Santa Ana, a charter city and
N municipal corporation organized and existing under the Constitution and laws of the State of California
o ("City").
o RECITALS
A. On December 6, 2021, the City issued Request for Proposal (RFP) No. 21-131, by which it sought
a qualified consultant having special skill and knowledge in the field of property.management
services on an as needed basis.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant
represents that Consultant is able and willing to provide the services described in the scope of work
that was included in RFP 21-131.
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. 21-131, which is attached as Exhibit A, and
as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated
in full.
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 C. Consultant is one of the highest
ranking firms to provide property management services on an on -call basis under RFP
21-131. The total compensation for these services provided by all such consultants selected
under RFP 21-131 shall not exceed the shared aggregate amount of One Hundred Forty -Eight
Thousand Dollars and Zero Cents ($148,000) 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.
3. TERM
This Agreement shall commence on the date first written above and terminate on May 16, 2025,
unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be
extended for up to two (2) one-year periods 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 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.
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 the purposes intended by this Agreement shall be at City's sole risk.
7. 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. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): 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 aggregatelimit 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: ISO Form Number CA 00 01 covering any auto
(Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -
owned autos (Code 9), with a limit no less than $1,000,000 per accident for
bodily injury and property damage.
3. Workers' Compensation: 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 appropriate to
the Consultant's profession, with limit no less than $2,000,000 per
occurrence or claim, $2,000,000 aggregate.
5. Broader Coverage: 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.
b. Other Insurance 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 connectionwith 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 10 11, 85 or if notavailable, through the
addition of both CO 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG
20 O1 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 provide
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 that 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 waiverof subrogation, but this provision applies regardless of whether
or not the City has received a waiver of subrogation endorsement from the
insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require theConsultant 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.
6. 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 A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (applicable only to professional liability):
The Retroactive Date must be shown, and must be before the date of
the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract
of work.
iii. If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a Retroactive Rate prior to
the contract effective date, the Consultant must purchase "extended
reporting" coverage for a minimum offtve (5) years after completion
of work.
8. Verification of Coverage: Consultant shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements
(or copies of the applicable policy language effecting coverage requiredby
this clause) and a copy of the Declarations and Endorsement Page of the
CGL policy listing allpolicy 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 Cityreserves the right to require complete, certified copies of all required
insurance policies,including endorsements required by these specifications,
at any time.
9. Subcontractors: Consultant shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance
required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
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 behalfwhich relates
to the services described in section I 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 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 tinder 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 teams ofthis Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Consultant 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. TERMINATION
This Agreement maybe 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 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.
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
To Consultant:
Neilia LaValle, President
Paragon Partners
5660 Katella Avenue, Suite 100
Cypress, CA 90630
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:
J�
Daisy Gomez
C.,Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attoe
By:—�
Btantfon Salvatierra
Deputy City Attorney
RE OMMENDED FOR APPROVAL:
1� 1 4 1t
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
PARAGON PARTNERS
CONSULTANTS, INC.:
Nei to LaValle
President
EXHIBIT A
Appendix
ATTACHMENT
— SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL RIGHT-OF-WAY SERVICES:
GOODWILL, FF&E, & PROPERTY MANAGEMENT
RFP NO.21-131
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to
provide On -Call Right -of -Way Services: Goodwill, FF&E, & Property Management on an as -
needed or "on -call" basis.
It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as
needed property management services for capital improvement projects (CIP). The capital
improvement projects needing the right-of-way services include, but are not limited, to Warner
Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements.
The services being considered for contract are the following "Specialty Areas":
Specialty Areas
Maximum Contract
A re ate Amount
I.
Property Management Services
$148,000
H.
Business Goodwill Appraisal Services
$148,000
III.
Furniture, Fixtures and Equipment Appraisal
$148,000
Services
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above,
however; it is not required to propose on more than one Specialty Area. 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 (I, II, and III). 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.
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.
Interested firms who provide more than one right of way service are welcome to submit proposals
for all Specialty Areas. However, the firm providing the Specialty Service for the selected parcels
will not be selected for a different Specialty Service for the same parcels.
City of Santa Ana RFP 21-131
Page Al-1
MINIMUM OUALIFICATIONS
Consultants 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.Lzov/hti/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
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.
• 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 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 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
City of Santa Ana RFP 21-131
Page A 1-2
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 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.
City 7 Santa Ana RFP 21-131
Page Al -3
SPECIALITY AREA: I
PROPERTY MANAGEMENT SERVICES
Consultant will coordinate all ofthe 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. The property management consultant is required to inspect all
City owned properties and to confirm tenancy of occupants.
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 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
City of Santa Ana RFP 21-131
Page Al-4
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.
TrustAccount
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:
1. 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,
2. 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.
3. 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.
4. Non -emergency expenditures above $1,000 must be bid competitively to ensure property
management funds are spent efficiently. 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 (7) below.
5. All expenditures, regardless of amount, must be supported by itemized invoice that tracks
expenditures by tenant and corresponding City approval if applicable.
6. 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.
7. 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
City of Santa Ana RFP 21-131
Page Al-5
shall provide a listing of the following:
a. Rental income by tenant (identify property address)
b. Expenditures by category (e.g., utilities, maintenance, property management fees,
etc.)
8. Consultant shall make available all books and records related to the services provided to
City Finance staff or an independent Certified Public Accounting firm acting on behalf of
City,
9. 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 are not limited to:
• Proper records with respect to leasing, management, avid 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 lip, testing dates, utility shut offs 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 21-131
Page Al -6
SPECIALITY AREA: H
BUSINESS GOODWILL APPRAISAL SERVICES
Consultant shall perform professional and technical Loss of Goodwill Appraisal services on an
as -needed basis to prepare reports for use during ROW negotiations for the project and settlement
during condemnation proceedings. The Loss of Goodwill reports are to be prepared in accordance
with all applicable regulations as determined by the City. These may include, but are not limited
to local, state and federal regulations, policies, procedures, manuals, and standards including.
Consultant has total responsibility for the accuracy and completeness of the Loss of Goodwill
Appraisal Reports and other work performed pursuant to this Agreement and prepared for this
Project and shall check all such material accordingly. Reports will be reviewed by the City for
conformity with General Goodwill Appraisal standards and coordination with State procedures.
Consultant shall, throughout the life of the Agreement retain within Consultant's fum a staff of
qualified personnel to perform each of the work listed below. Consultants shall be responsive and
maintain excellent working relationships with property owners, tenants, and City staff. Consultant
shall be committed to provide adequate staffing levels at all times in order to adhere to established
schedules. Consultants shall be knowledgeable and very familiar with federal, state and local
regulations, policies and procedures as pertain to the right of way services provided. Consultant
services shall include providing:
Budgetary Estimates of Goodwill Loss
Budgetary estimates are used by public agencies in planning, and preparing a project
budget. Consultant's estimates of goodwill loss will be based upon a "drive by" site
inspection of the subject businesses, limited market research, and any publicly available
data. In addition, these estimates will take into consideration Consultant's experience in
preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of
relevant statutes and case law, negotiated settlements and jury awards in eminent domain
proceedings. Consultant's results will be presented in a brief letter.
Goodwill Loss Acquisition Aporaisals
During the early stages of property acquisition, Consultant can provide preliminary
estimates of goodwill loss. Acquisition appraisals are based upon data, which may be
provided by the business' ownership at its discretion. Such information may include:
leases; background on the business provided via owner/management interviews; historical
and prospective financial data; and information about proposed relocation sites. In
Addition, Consultant shall perform basic transactional research in light of our
understanding of the business' operations and financial condition. Consultant will also
coordinate with real estate and fixtures and equipment appraisers to avoid duplication of
compensation. Further, Consultant's analyses will be guided by relevant statutory and case
law pertaining to compensation for loss of goodwill.
City of Santa Ana RFP 21-131
Page Al-7
Consultant shall perform the following tasks;
• Preparation of Preliminary Estimates
• Preparation of Complete Loss of Goodwill Appraisals
• Perform field work as necessary
• Attend Pre -submission Review Conferences as required
• Prepare Correspondence
• Make presentations to city staff as needed
• Perform special studies within the scope of Consultant's expertise.
• Coordinate with other ROW consultants as necessary
• Coordinate with City -hired Real Estate appraisers and FF&E appraisers as required.
City of Santa Ana RFP 21-131
Page A"
SPEC'IALI11 AREA: III
FURNITURE, FIXTURES, MACHINARY AND EQUIPMENT
(FFME) APPRAISAL SERVICES
Consultant shall complete work under the direction of City staff. Consultant shall, throughout the
life of the Agreement retain within Consultant's firm a staff of qualified personnel to perform
each of the work listed below. Consultants shall be responsive and maintain excellent working
relationships with property owners, tenants, and City staff. Consultant shall be committed to
provide adequate staffing levels at all times in order to adhere to established schedules.
Consultants shall be knowledgeable and very familiar with federal, state and local regulations,
policies and procedures as pertain to the right of way services provided. Consultant services will
include providing:
Budaetary Estimates of Fixtures and Equipment Values
Budgetary estimates are used by public agencies in planning and preparing a project
budget. Consultant's estimates of fixtures and equipment values will be based upon a
"drive by" site inspection of the subject businesses, limited market research, and any
publicly available data. In addition, the estimates take into consideration Consultant's
experience in preparing fixtures and equipment appraisals of comparable businesses, as
well as knowledge of relevant statutes and case laws, negotiated settlements and jury
awards in eminent domain proceedings. Consultant's results will be presented in a
spreadsheet of estimates and a summary report.
Fixtures and Equipment Appraisals
Consultant will provide a fully contained appraisal report, in triplicate and a digital file,
of the improvements pertaining to the realty and major movable equipment of each
business appraised. The report will include an estimate of the fair market value in place
and liquidation value of all appropriate items and will be prepared in conformance with
Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210.
(Compensation for losses in connection with movable personal property is included in the
California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures
will be guided by the USPAP. The improvements pertaining to the realty and major
movable equipment for businesses that occupy multiple properties shall be clearly
delineated by property address. In preparing each comprehensive appraisal, Consultant
will: inspect the business' facility; prepare an inventory of the improvements pertaining
to the realty and major movable equipment; coordinate appraisal activities with the real
estate appraiser to avoid duplication of compensation; interview the business'
owner/manager regarding the business' history, operations and tangible assets owned; and
utilize generally accepted valuation methodology to determine the fair market value in
place and liquidation value of the appropriate items owned by the business.
Furniture, Fixtures and Equipment Appraisals tasks may include:
• Inspect the business facility and perform fieldwork as necessary
• Prepare separate inventories for the Fixture and Immovable Equipment and Movable
City of Santa Ana RFP 21-131
Page Al-9
Personal Property.
• Coordinate appraisal activities with the real estate appraiser and /or Goodwill appraiser to
avoid duplication of compensation
• Interview the business owner regarding the history, operation and tangible assets owned.
• Prepare report utilizing accepted valuation methodology to estimate the replacement cost,
fair market value in place and salvage value of the appropriate items owned by each
business operation. Perform Special Studies as required by the City within the scope of
Consultant's expertise.
• Attend meetings and present the reports and findings if necessary.
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 (101%) 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.
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)
City of Santa Ana RFP 21-131
Page Al-10
LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial
management System (include within Fee Proposal hard copy package) for Speciality Area
A only.
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter
10, for further instructions and guidelines pertaining to the completion of these
forms:httns:Hdot.ca. ,ov/-/media/dot-media/i)roerams/local-assistance/documents/lanm/clilO iidf
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:
(Speciality Area A - Acquisition/Relocation only)
Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall
be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit
organizations, or the federal government. 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:
httns:lldot.ca. eov/pro erams/local-assistance/forms/local-assistance-procedures-manual-forms
City of Santa Ana RFP 21-131
Page AIA 1
Q n i Digitally si ned
ACORO CERTIFICATE OF LIABILITY IN U NC1�1 by Angie DATE(MMIOOIYYYY)
llwaa� 7/21/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI T T�Ir� �R 1 A ilp"InLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER T Rk !rG AP'ORCDatM.THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUIN 3 IN9'y622.bn-§ORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be andw0fir I'S"BROGATIMMMEar.nCt to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on tF:s certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Robin
NAME: Strauss
REG Insurance Brokerage, Inc.
750 Third Ave
PHONE (212)669-5400 aD N9: 123I)669-5<1'I
AIL
ADDRESS: rstraussOrisk-strategies. com
INSURERS AFFORDING COVERAGE
NAIC If
INSURERA:Hanover Insurance Company
22292
New York NY 10017
INSURED
INSURER B:Allmerica Financial Benefit Ins
41840
INSURER C: Evanston Insurance CO
35378
Paragon Partners Consultants, Inc.
INSURER 0:
5660 Katella Avenue
Suite 100
INSURER E:
Cypress CA 90630
1 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL2272187137 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
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ADDL
SUER
POLICYNUMBER
POLICY EFF
MM DOIYYYY
POLICY E%P
MMIDD
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
CLAIMS -MADE �X OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 1, 000,000
MED EXP(My one person)
$ 10,000
X
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7/25/2022
7/25/2023
PERSONAL &ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMITAPPLIES PER:
GENERA -AGGREGATE
$ 2,000,000
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$
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AUTOMOBILE
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$
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BODILY INJURY (Per person)
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ALL OWNED SCHEDULED
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7/25/2023
NN-OWNED
HIREDAUrOS OAUTOS
PROPERTY DAMAGE
Per accident
$
UMBRELLA LIAR
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$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED RETENTION $
$
WORKERS COMPENSATION
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ANY PROPRIETORIPARTNEWEXECUOVE El
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Whe10173585 06
7/25/2022
7/25/2023
E.L. DISEASE - EA EMPLOYEE
$ 1,000 000
Ifyes, descnbe under
E.L. DISEASE -POLICY LIMIT
$ 1 000 000
DESCRIPTION OF OPERATIONS below
C
Professional - Claims Made -
TBD
7/25/2022
7/25/2023
Each Wm,gful AWA,,,,.te 2,000,000
Retro Date 9/3/1993
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
CSA - R1033
City of Santa Ana, officers, agents, employees, and volunteers are included as additional insured on a
primary and non-contributory basis under the General Liability coverage as required by written contract
per policy terms, conditions and exclusions. waiver of subrogation applies under the General Liability
coverage as required by written contract per policy terms, conditions and exclusions. 30 NOC
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
ACORD 25 (2014101)
INS025 (201401)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
(Michael Christian/LZF yy+e's'N. 'q'a�eR��uat
ry�.�" ;% REVEWED&APPROVEDBY:
01968-2014 ACORD i A-fCACAA4
The ACORD name and logo are registered marks of ACORD Risk MRnagementspedRlist