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HomeMy WebLinkAboutOVERLAND, PACIFIC & CUTLER 1 . City at Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. ~=7~~~/~ ~~ h~:~ka~; ::s~:s~Cil Office (M-30). 2mB l'!AY t 2 AN 9: qO ===========================================================~J=~=;=======~~~========== rLF :q;""l '/...1 ,,-._ , ,;.J; The agreement with Overland, Pacific & Cutler, Inc. (Previously Overland Resources) No. A-2001-028 (ROW) was completed on 4/30/02 & was amended on 6/30/03 and final payment has been made. ~ Department: Design Engineering - ROW Phone/Ext. : 5067 -Kent Jorgensen/Cindy Gomez Signature: A '~., ~ O^_l).. Date: 4/29/08 Revigell W -23-{)7 INSL1R~,!I'Gr= ':"1 FILE . V)~:,::::. :':~J'~\~':'~;':';:~:~'~:~\) Q S UI'I,',' " ',',' ;.....~1Il'..~.1,~ ...i~, L.E ~~LJ_::df-g, CL(}.~;; (if CC;,;;-..l.iIL C.'.TE: ~-If-Ol THIS AGREEMENT, made and entered into this ;}/II. J day of '" , 2001 by and between Overland Resources, Inc., a California corporation (hereinafter "Con tant"), and the City of Santa Ana, a charter city and municipal corporation organized and exis ing under the Constitution and laws of the State of California (hereinafter "City"). . A-2001-0 28 CONSUL T ANT AGREEMENT RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of real estate consulting services including appraisal and right-of-way acquisition services B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance ofthis Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $250,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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 April 30,2002, unless terminated earlier in accordance with Section 12, below. The term ofthis Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. . . 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe 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 ofthis Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. s. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance ofthis Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution ofthis Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 ofthe Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 . . e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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 ofthis 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. 7. 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 3 . . 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. 8. 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 and, 4 . . City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Overland Resources, Inc. 25255 Cabot Road, Suite 218 Laguna Hills, California 92653 Attn: Ray Armstrong A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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 5 . . 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRiMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURiSDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 . . 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indenrnify 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. 7 . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA / ;J / :7&Z (---.-- - '- P A TRIClA E. HEALY Clerk ofthe Council ~/' ;;,:;~ pz~ // ~;-~~I~ Mayor APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: /~'c~J~~ Laura Sheedy Deputy City Attorney APPROVED AS TO CONTENT: f, Ii (;. ji ~ / (If. /1!-v" \.fl'.' ,I f; I' r 181 DAVIDN. AM 1 City Manager CONSULTANT .3:)-07IY8~ Employer ID # or Individual SS # REC~NDED FOR ~VAL: /~'/I;/iA C 0 ~ JAMES R~SS ~~ Executive Director Public Works Agency 8 . . ~-~--~-------- -------.--------.-- -----~----~- -----.------------ .----_..---- -.- Proposal for General Right of Way Services Ct~ . edBY: ~ Recel~ d front: ~ ReceIve ~ PClte: ,..Vi"".."" pwl"W 1illle:CU1.fSO"....... Presented to: The City of Santa Ana Overland Resources, Inc. 25255 Cabot Road, Suite 218 Laguna Hills, CA 92653 (949) 951-5263 December 29, 2000 -----------------------------------. r_~ r.' I... . . ----~----~._---_._---~_.._------_.. _..-- December 29, 2000 Mr. James Ross, Executive Director City of Santa Ana Public Works Agency 20 Civic Center Plaza M-36, 1" Floor Santa Ana, California 92701 Attn: SOURI AMIRANI RE: Proposal for General Rlght of Way Services Masseurs Ross and Amirani: Overland Resources, Inc. is pleased to respond to your request for professional real estate consulting services. Overland Resources, Inc. is an Orange County based governmental real estate services organization serving an exclusive public agency clientele. We are the leading firm in providing governmental real estate services and have one ofthe largest and most qualified public sector real estate staffs in California. We work diligently to provide the most cost-effective services for our clients. We look forward to the opportunity to meet with you in person - I am sure you will conclude that the team presented in this proposal is the team you will want to work with into the future. "I declare that only the person, persons, company or parties interested in the proposal as principals are named herein; that this proposal is made without collusion with any other person, persons, or' company or parties submitting a proposal; that it is in all respects fair and in goodfaith without collusion or fraud, and that I have the full authority to bind Overland Resources, Inc" Item XIX of RFP Sincerely, . . OYf~ TABLE OF CONTENTS Cover Letter A. Project Understanding and Approach ............................................................................................1 B. The Project Team ............................................................................................................................5 C. Qualifications and Experiences .................................................................................................... 7 D. Fee Proposal {sealed).....................................................................................................................11 E. Appendix Resumes Corporate Broch ure 'Any questions regarding this proposai should be directed to Mr. Ray Armstrong at (949) 951-5263 ext. 104 or (800) 901-5263. This particular project will be managed and implemented in the firm 's Laguna Hills office located at: 25255 Cabot Road #218 Laguna Hills. California 92653 Telephone (949) 951-5263 Facsimile (949) 951-6651 The context of this proposal is protected by 10, and may not be used commercially without express permission alOverland Resources, Inc. . . A. Project Understanding and Approach The City of Santa Ana Department of Public Works actively acquires property interests and easements for public works projects. Staff at the City often utilizes acquisition consultants to supplement their efforts and is seeking the services of a qualified acquisition consultant to help them with their acquisition efforts. Overland Resources, Inc. is that firm. We provide acquisition services for numerous cities in Southern California - many of which are considered "on-call" cities. That is, these cities call upon us for all of their real estate needs- acquisition, vacations, policy, dispositions, studies, property management, and appraisal. Most assigned projects follow a general project approach which we have presented below - we often refer to this approach as our work plan. Overland Resources, Inc. is proposing the following work plan for most projects - of course the actual work plan will be dictated by the specific project. Many of the items listed below are concurrent items or they overlap each other _ it will be incumbent upon Joe Fernandez, the project manager to ensure that the work items are orchestrated effectively. The goal of the work plan is to expedite the acquisition process without compromising the public acquisition process. Please understand that the following is not a scope of work, but rather, the typical methodology used for public projects like those you are likely to entertain. One area that we cannot emphasize enough is the fact that our services require a City point of contact with administrative decision making capabilities to approve some of the optional activities as they relate to the success of the project. Projects evolve over their life and there is no possible way we can dictate the ultimate direction. We can guide the direction but we can't dictate it. Our requests for decisions will include a brief analysis ofthe issue, options, and possible ramifications of each choice. As we develop a working relationship, we will be able to anticipate your responses and will guide the project accordingly. We elected to break out the work plan to show an understanding of each specific requirement that will likely surface during our involvement. As you read through this plan, please keep in mind that Overland Resources, Inc. routinely provides most of the following services to our public agency client base. 1. Project Familiarityflmmediate Cost Savings Measures An important element of a successful project is an thorough analysis of the proposed project requirements. This analysis includes an understanding of the probable costs associated with the each needed parcel, as well as an analysis of possible barriers to the acquisition process. Our team is skilled in looking at the affected properties early on to identify areas of possible concern. Once identified, we can work to creatively solve each potential barrier prior to initiating formal action. When dealing with "full-take" projects, we will immediately look for cost saving measures that are consistent with the project goals: For instance, we will drive by the affected parcels and note whether any of the properties are for sale, for lease, or vacant. We may recommend bringing the vacant units under contract immediately to avoid unneeded relocation assistance payments and services fees. We also recommend advancing the acquisition process for the "for sale" properties to avoid the obvious claims for pre- condemnation damages that these property owners often assert. 2. AdministrativeIManagement Coordination We will meet with City staff early to establish approved forms and documents to be used in the acquisition process. We will establish lines of communication and reporting, exchange e-mail addresses and other communication devices and establish the frequency of formal reporting requirements. RlANo QY'tSOURCES Page 1 . . 3. Appraisals and Valuations Lidgard & Associates, Donahue Novak Valuation Services, and DonnaDesmond Associates were each selected due to their strength in eminent domain reports for public projects. The appraisal requirements for this project may reach further than the typical full take valuation. The team may be asked to provide valuation analysis and reports for temporary takings of real property, rights of entry, replacement rights easements, (possible) fixtures and equipment, (possible) loss of business goodwill, and leasehold analysis/apportionments. We often encounter these assignments and are confident that our team is best suited to provide the level of service needed for the assignment. 4. Negotiations of A cquisition for Real and Personal Property Rights Overland Resources will follow the Uniform Relocation Assistance and Real Property Acquisition Act for Federally Assisted Programs, Caltrans Policies and Procedures, California Relocation and Acquisition Law, HUD, and FHW A guidelines depending on the project funding. The following tasks are required to successfully implement the property acquisition program under these bodies of law: . Obtain preliminary title information from County Assessor's roles for planning, appraisal and notification purposes. Upon receipt of Notice to Proceed, solicit bids from local title companies and order preliminary title report/litigation guarantees for each affected property. These reports will identify the liens and encumbrances on each parcel for obtaining releases and reconveyances. Secure Assessors parcel drawings, maps and background data for the acquisitions. This supplemental information is necessary for use in preparing documents and in the appraisal process. Issue a Notice of Decision to Appraise and Intent to Acquire to all affected property owners. Upon receipt, review title reports and coordinate with the appraiser. Upon receipt, review appraisal reports for adequacy and compliance with applicable regulations. Coordinate with City. Prepare necessary documents, deeds and right of way agreements needed for the acquisitions. Submit offer package with Statement of Just Compensation for City approval. Upon City approval, present written offers to purchase required properties and/or interests in properties. Each offer will contain a Statement of Just Compensation, and a Summary of Just Compensation to comply with the law. Offers will be personally delivered to property owners as practicable. The written offer letter represents the official offer to each property owner. If necessary, prepare and present fixtures and equipment offer to property owner and secure agreement on ownership of moveable and immovable equipment allocation between owner and tenant. Invite the relocation agent to accompany the acquisition agent on the first call if this is deemed beneficial. Notify relocation agent of initiation of negotiations and coordinate with relocation agent to provide needed appraisal and offer information. Conduct negotiations with each property owner or representative or any other person or entity effecting the negotiation process. Negotiations will involve an interactive, face-to-face discussion with the property owner about hislher property, will explain the project, how the project impacts the property, will go over the appraisal process and how the value was concluded, and will answer any questions or concerns the owners may have. Supplemental negotiations may include answering any objection the owner still has and coordinating the questions with City Project Manager. Present appropriate executed documents and negotiated title conveyance or right of entry to City or recommend condemnation action. Upon approval of documents, open escrow or in the event that the property cannot be acquired by good-faith negotiations, assist City with condemnation process by ordering updated litigation guarantee, coordinating with attorney and any other tasks necessary to take possession. During the course of the acquisition process, maintain a complete acquisition file of all . . . . . . . . . . . . . RlAND OYf.sou ReE 5 Page 2 . . correspondence, offers, and contacts with each property owner and City; provide City with written status reports at the prescribed interval and confer with City Project Manager as needed; maintain a current Acquisition Checklist showing each successfully negotiated parcel and outlining any special terms agreed to with a recommendation for City action. 5. Documentation Overland Resources, Inc. will work with the City to create the documents pertinent to this project. Copies of all documents formulated and produced will be made available to the City for approval. Complete and thorough documentation of all management, appraisal, acquisition, relocation, and property management activities will be maintained daily. Each parcel file will contain a parcel diary, where all activities, including telephone and personal contact, will be recorded. Overland Resources, Inc. also keeps an Acquisition Checklist, on a per parcel basis, of all properties and activities involved with a project. This master is updated constantly and is accessible to all personnel through our computer network system. 6. Right of Way Acquisition Status Reports and Maps Overland Resources, Inc.has the computer resources, hardware and software, to produce specialized status reports that track the acquisition process. These status reports are updated continuously are available on-line to our right of way agents. We will work with the City to provide continuous status reports of the acquisition activities. Maps of any kind can be prepared or provided upon request using in-house resources. 7. Acquisition and Coordination of ROE Right of entry documents may be needed in advance of final acquisition for Phase I and Phase II investigations. Depending on the timing and flexibility of the client, Overland's methodology for ROE acquisition is to implement a program asking for voluntary donation of these non-intrusive, temporary licenses for little, if any compensation. In consideration of the donation, we are often able to work around critical or sensitive time constraints of individual businesses or occupants. As with any interest in real property, we are sensitive to the provisions of the Uniform Act and operate with that as our underlying premise at all times. 8. Cost Estimates If necessary, Overland's project team can prepare cost estimates for budgetary and planning purposes. This task may also include other specialized disciplines such as relocation cost estimate,S, goodwill loss exposure estimates, moving cost estimates, demolition cost estimates, and professional services cost estimates. 9. Environmental- Coordination to Secure Certificate of Sufficiency There are two principle bodies of environmental law which effect the acquisition process - the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA). Both require that the public agency review every project for potential environmental impacts caused by the project and to make determination as to what the impacts are. We will ensure that each file has proper documentation as to compliance with CEQA and NEPA (client provided).In addition, we will assist the team in processing Phase I environmental investigation reports and, if necessary, further studies as recommended by the environmental consultant. Currently, federal laws have no requirement that the acquisition team certify the status of hazardous waste on a project. Nevertheless, we will work to be able to produce documentation that each parcel has been adequately investigated to protect the client. 10. Condemnation/Litigation Support Condemnation Counsel is a City provided item. Overland staff has worked with numerous law firms and will provide general and technical support to the litigation team. Overland is able to provide a high quality work product with minimal time requirements to support the needs of an aggressive condemnation program. RlAND O'Yf-souRces Page 3 . . 11. Title Research/Investigation Activities and services under this category include obtaining tax record information, vesting deeds, copies of underlying documents, and supporting maps and documentation. We will also provide assistance in reviewing encumbrances to help determine their effect on the marketability and future use of the property. If conflicts are present, we will coordinate with the City and establish a plan to clear the encumbrance. 12. Title Reports (Litigation Guarantees) Overland does not propose the use of any single title insurance provider - we propose to put this vender service to competitive bid to those title companies who are able to respond to an aggressive time and fee schedule. Of course, there are some minimum levels for these providers, namely, they have to be able to produce Litigation Guarantees and should have an in-house escrow capability. 13. Representation of City Overland Resources will represent the project team, staff, and the City of Santa Ana before community groups and City Council as directed. 14. Property Disposition, Vacations and Abandonments Overland Resources, Inc. is involved with the sale of surplus properties for its governmental clientele. We look for ways of maximizing revenue or expeditiously disposing of unneeded rights of way - depending on the specific property. We are also familiar with the procedures of vacating public roads and service easements (both regular and summary procedures) contained in the Streets and Highways Code and can adapt to municipal code procedures for Charter Law cities. 17. General Approach to Accomplish all Aspects of Services Described Overland Resources, Inc. - with our focus on public agency projects - is ideally suited to administer and implement the total acquisition and relocation program needed for this project. Our firm is organized and staffed with a compilation of all disciplines needed to implement the total real estate services needed by a public agency; often this means retaining a specialized subcontractor (despite the fact that we may offer the service in-house). This focus allows the management team of Overland to orchestrate all the individual components ofa successful right of way project with a solid understanding of each specialists' work product. Day to day management is conducted using a "work team" approach. Depending on the issue, the Project Manager will assemble three to four specialists to discuss issues, debate ideas and strategies, and formulate several different alternatives. We will then discuss the debated alternatives with the client for precise input and formulate real solutions to oftentimes complex issues. The work team is a fluid concept and each issue may call for a different team. These strategy sessions are held informally, spontaneously and often - this keeps the entire project team focused on the evolving issues faced by the management team and keeps everyone in a problem-solving mind set throughout the project. Rl.AND OY'ts 0 U R C E S Page 4 . . B. The Project Team The core of our service is our people. At Overland Resources, Inc., we employ only the brightest, most enthusiastic people in the industry. We supplement our agent's vast knowledge with exposure to the latest trends in the industry and maintain an open channel of communication with our Directors in other states to react quickly to the ever-changing and challenging role of the acquisition agent Overland Resources, Inc.'s project manager will beJoe Fernandez. Joe has over 10 years of right of way acquisition experience, has worked on Santa Ana's projects in the past, isbi-lingual, and is capable of managing an on-call contract like this one. Joe will be the day-to-day contact for the City of Santa Ana, will be the one performing much of the work, and will be the one providing the status reports to Santa Ana staff. If selected for an interview, we will have him run the presentation. Joe will select his project team depending on the specific needs of the assignment. The resumes of our key staff are included in the appendix portion of this submittal (so as to not alter the page count). The following page contains an organization chart showing the relationship of each firm and team member for this project. Firm Function Overland Resources, Inc. Project Management & Research Property Acquisition & Negotiation Activities Eminent Domain Litigation Support - . ---- Represent City in Public Hearings Title Research & Reconciliation Vacations and Sale of Surplus Properties Project Cost Estimates Phase I and II Environmental Permitting Legal Descriptions/Plat Maps Records Management & Inventories Lidgard & Associates Real Estate Appraisal Market Data Studies , Mark Linnes, MAl Review Appraisals Donahue Novak Valuation Fixture and Equipment Appraisal Services Donna Desmond Associates Goodwill Loss Appraisals Exposure Analvses Why we selected this particular team Right of way projects require the services of various team members. We would prefer to sub-contract title reports, legal/plat map preparation, specialty appraisal work, and all environmental work to specialized vendors. For the most part, the City is free to specify any firm they have a solid relationship with - chances are, we have worked with them on several projects! We would like to strongly recommend our appraisal team member Scott Lidgard of Lidgard and Associates. Scott has been appraising partial and full takings of real estate for public agencies for over 15 years, he has an appropriate resume for the job, and he has met all the requirements for award of the MAl designation - but the real reason we want him on this job is that his reportshelp us do our job beller. Mr. Lidgard's reports are well organized, well thought out, and well supported. He develops a good rapport with the property owners during his field inspections and communicates what he learns from the property owners to us. All this combined allows our negotiators to present confidently to the property owner which allows us a greater success rate. From an administrative point of view, we have the confidence in Mr. Lidgard that he will keep his time commitments. RlANo OYfSOURcES Page 5 en w (.) - ~ w en z 0 - I- - en - => 0 < (.) z < < - .._~ - c ~ w z c < w en w LL Z 0 en > ~ t:: - < (.) Z , "__._ ___J < ~ Z < en LL 0 > I- (.) . c; -:l III 0 '; Z I/l "0 C. Ow c: 0.1 ~~ 0 .. E 0 <l: w- I-- ~ 00 III - ro ., t.l N .~ <0 Cl ell 0 ZI/l .. "0 ZI/l ro 0 c: "0 0< c: ., 0 c: ::E 0 0 - 0 Cl t.l >- Cl ell ., '0' 0 ..., L-- .. 0- ~_._- - - I/l c; ~w ., 0 III :;5 :J 0.< '; .c: 00: ro ro .. ZW c: > ~ ---- 0. wl/l 0 0 - 0. =>z - Cl - Z - <l: :1:0 >- Qj c ~ ~~ '* 0 ell .., W z E 00> oll o=> ., Z'" 0-' ..., ell -c: u.. .ro :; Cl ffl::E III c 0- III o:~ L- --' ::E =>.- oe - I/l a.. I- t.l W - ell O:N .~ ., ~ 0"0 zc: c; 0- jro I/l o:~ III w c; '; ~ wu. .. .. >., 0. 0 "E ell , > 00 0. 0 ro .., <l: I/l 0> 0 I/l "0 - .s < :::; ~ all :::: .l!l 0 0 III 0 0: Ul W < c; C) 0 ell :J 0:: 0 - - c ~ 0 ~ .. iii 0:: c: :111 w Ul :; 0 :::l 0: ci .0 l:T => c: "0 t.l 0 0 u ~ I/l - .l:; <l: ~ ell 0. o .. a. W 0: o Z j 0: W ~ III E <l: >- ro 0:: . ?;o ~ ., ..., ~ 0:: III ., Ul 0 'E c: ..: .0 '" ., oS! '" ~ .s UJ u. '" ro ~ c: "0 ~ ro :J c: ro Cl :::; ...J c: ro III :J Ul . . 2001 SCHEDULE OF HOURLY RATES (inclusive of mileage) OVERLAND RESOURCES, INe. Principal $110.00 per hour Senior Associate $95.00 per hour Associate $85.00 per hour Project Administrator $68.00 per hour Administrative $39.00 per hour The firm considers photocopying, postage, telephone, FAX, and cellular communications charges as a normal part of doing business and, is included in the stated hourly rates. For this contract, local mileage is also included. Out-of-pocket expenses (requested overnight courier charges, blueprinting and reproduction) will be invoiced at cost plus 15% to cover administration, coordination, and handling. Subcontracted services (other than those listed above) will be invoiced at cost plus 15%. Overland Resources, Inc. maintains a minimum of$I,OOO,OOO of Professional Liability (E&O), Commercial General Liability Insurance and similar minimum limits on non-owned vehicles. We comply with, or are exempt from current California Worker's Compensation Insurance requirements. Hourly rates for depositions, court preparation and court appearances will be invoiced at two times the stated hourly rates. We will bill progressively as the engagement proceeds and invoices are due within 30 days of receipt. Page 14 RlAND OYf-souRCES Appraisal Parcell: Parcel 2: Parcel 3: Parcel 4: Sub-Total . . ATTACHMENT "A" CONSULTANTS RATE COMPARISON FORM $3,000 (part take or full take) $2,500 (part take) $2,500 (part take) $2,500 (part take) Fixture and Equipment Appraisal Sub-Total Loss of Business Goodwill Appraisal Sub-Total RJW Acquisition Parcell: Parcel 2: Parcel 3: Parcel 4: $3,000 $2,500 $2,500 $2,500 $1,200 (franchisee coordination) Escrow coordination, condemnation coordination Sub-Total TOTAL Page 15 $10,500 $4,200 $4.500 . $1,500 $13.400 $34,100 OYfNmR . . EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out ofthe operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 ACORD~ CERTIFICA.OF LIABILITY INSURA.E DATE7~~M;~~:t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Venbrook Insurance Services 22801 Venlura Blvd, Third Floor Woodland Hills, CA 91364 Phone 818.225-6200 Fax 818.225-6210 INSURED Overland, Pacific & Cutler, Inc. 100 West Broadway Suite 500 Long Beach, CA 90802 INSURERS AFFORDING COVERAGE INSURER A' Great American E & 5 Company INSURER B: The Hartford Insurance Company INSURER c: Everest National Insurance INSURER D: Illinois Union Insurance Company INSURERE: RSUllndemnit Campan NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~~: ~~~; POLlCY NUMBER POLlCY EFFECTIVE POLICY EXPIRATION LIMITS ~rleRAL LiABILITY EJ\CH OCCURRENCE , 1,000,000 X COMMERCIAL GENERAL LIABILITY PL 5574310-01 6/24/2004 6/1/2005 ~~~~i~oE~~~~nCe\ $ 50,000 A I CLAIMS MADE [K] OCCUR MED EXP (Anv one person) $ Excluded - PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 ~'~ AGG~En 11IMIT APnS ~ER: PRODUCTS - COMP/OP AGG $ Excluded POLICY ~~,Q;. lOC ~OMOBlLE lIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO 72 UECUM6536 6/24/2004 6/24/2005 (Eaaccident) - - All OWNED AUTOS BODilY INJURY B (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY f-)( (Per accident) $ I-- NON-OWNED AUTOS r- PROPERTY DAMAGE $ (Per accident) RGE UAOILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ t!]ESSJUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR D CLAIMS MADE NHA212256 1/9/?OC4 6/1/2005 $ 1 ,000,000 AGGREGATE E $ R ,,"uwe ""," , RETENTION $ $ WORKERS COMPENSATION AND 3900048305-041 6/1/2004 6/1/2005 X I.WCSTATU- I IOJ6'- EMPLOYERS' LIABILITY $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? YES E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under $ 1,000,000 SPECIAL PROVISIONS belOW E.L. DISEASE - POLICY LIMIT gTHER BMI20010437 6/24/2004 6/1/2005 EPL: $1,000,000 - $15,000 Retention 0 mployment Practices Liab & E & 0: $2,000,000 - $50,000 Retention Errors & Omissions Prof Liab DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PR ,)Ygl) f.;" TO FORM '10 Days Notice of Cancellation for Non-Payment of Premium' G4 {~Cl,CJ~r Ln.:ra Slott Sl..... II - ^Sc.iSla;lt City Alf)r:,Cy CERTIFICATE HOLDER Additional Insured City of Santa Ana Public Works Department Altn: Taig Higgins 20 Civic Center Plaza Santa Ana. CA 92701- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ J-.-1. ACORD 25 (2001/08) e o e @ACORD CORPORATION 1988 . . . . . POLICY NUMBER: PL 5574310-01 POLICY TERM: 06/24/2004 - 06/01/2005 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, agents, employees, consultants, special counsel & representatives. WHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown in the schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. For: Overland, Pacific & Cutler, Inc. CG 20 10 11 85 Copyright, Insurance services office Inc. 1984 ;:Jj~ (; }!~