HomeMy WebLinkAboutItem 12 - Agreements for On-Call Real Estate Title and Escrow ServicesPublic Works Agency
www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Award Agreements for On -Call Real Estate Title and Escrow Services
AGENDA TITLE
Agreements with Commonwealth Land Title Company and Chicago Title Company for
On -Call Real Estate Title and Escrow Services (Non -General Fund)
RECOMMENDED ACTION
Award and authorize the City Manager to execute agreements with Chicago Title
Company and Commonwealth Land Title Company to provide on -call real estate title
and escrow services for the term beginning March 17, 2026 and expiring March 16,
2027 for a total amount of $60,000, with provisions for four, one-year renewals, in a total
aggregate amount not -to -exceed $300,000 (Core Agreement No. A-2026-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency (PWA) is responsible for delivering all capital improvement
projects in the City including roadway corridor widening and construction of new parks.
Many of these public improvements require real estate, title, and escrow services to
conduct title searches and property acquisitions. The current agreements for on -call real
estate and title services expired on March 1, 2026.
Staff recommends entering into new agreements for on -call real estate and title services
and released an RFP for said services with a scope of work that includes providing the
City with real estate title, escrow, preliminary title reports, litigation guarantees, title
insurance coverage assistance, and purchase agreement review services.
Request for Proposals (RFP) No. 25-145 (Exhibit 1) was advertised on December 10,
2025 on the City's online bid management and publication system, PlanetBids. A
summary of vendor participation and results is as follows:
2,595 Vendors notified
134 Santa Ana vendors notified
12 Vendors downloaded the bid packet
2 Bids received
Public Works On -Call Real Estate Title and Escrow Services
March 17, 2026
Page 2
0 Bid received from Santa Ana vendor
Proposals were solicited, opened on January 21, 2026, and evaluated. Two proposals
were submitted by the RFP deadline and both proposals were determined to be
responsive to the specifications and met the City's requirements. Both proposals were
received and evaluated by a selection committee. Based on criteria outlined in the RFP,
the following summarizes the top responding firms:
Firm
City
Rankin
Chicago Title Company
Los Angeles
1
Commonwealth Land Title Company
Irvine
2
The proposals by Commonwealth Land Title Company and Chicago Title Company
demonstrate the firms have the necessary labor capacity to complete the requested
services to meet expedited grant -driven deadlines. The firms' rates are reasonable and
within industry standard, the team qualifications are appropriate for this project, and the
proposals were found to provide the best value for the City.
Staff recommends awarding agreements to Chicago Title Company and Commonwealth
Land Title Company (Exhibits 2 and 3) to provide on -call real estate title and escrow
services based upon the scope of work and selection criteria outlined in RFP 25-145.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The current fiscal year funding is available in the FY 25-26 budget and future fiscal year
funding will be included in the proposed budgets for City Council consideration.
Prior to utilizing any on -call services, the Public Works Agency (PWA) must submit a
Notice to Proceed request. The Finance and Management Services Agency (FMSA) will
verify the authorization and aggregate limits of the contracts and ensure that funds are
available and properly encumbered. Once approved, PWA will issue a Notice to
Proceed to the vendor detailing the specific scope of work and the maximum
expenditure for the task.
Fiscal
Accounting Unit -
Fund
Accounting Unit
Year
Account No.
Description
- Account
Amount
(Project No.)
No. Description
Measure M2
03217662-66220
Measure M-
Local Fairshare
2025-26
(26-6900)
Street
St, Improvements
$45,000
Constructions
Other Than
Buildings
Public Works On -Call Real Estate Title and Escrow Services
March 17, 2026
Page 3
Fiscal
Accounting Unit -
Fund
Accounting Unit
Year
Account No.
Description
- Account
Amount
Project No.
No. Description
Economic
Development
Service
2025-26
01118810-62300
General Fund
Enhancement,
$10,000
Contract
Services -
Professional
Modernization of
41818833-66200
CDA Capital
SA Civic Center,
2025-26
(24-9002)
Projects
Buildings &
$5,000
Building
Improvements
Year One Total:
$60,000
Optional our, 1- ear Extensions
Measure M2
03217662-66220
Measure M-
Local Fairshare
2026-27
Street
St, Improvements
$40,000
Constructions
Other Than
Buildings
Economic
Development
Service
2026-27
01118810-62300
General Fund
Enhancement,
$10,000
Contract
Services -
Professional
Housing Asset
2026-27
60718810-62300
Housing Asset
Admin, Contract
$10,000
LMIHF
Services -
Professional
Measure M2
03217662-66220
Measure M-
Local Fairshare
2027-28
Street
St, Improvements
$40,000
Constructions
Other Than
Buildings
Economic
Development
2027-28
01118810-62300
General Fund
Service
$10,000
Enhancement,
Contract
Public Works On -Call Real Estate Title and Escrow Services
March 17, 2026
Page 4
Fiscal
Accounting Unit -
Fund
Accounting Unit
Year
Account No.
Description
- Account
Amount
project No.
No. Description
Services -
Professional
Housing Asset
2027 28
60718810-62300
Housing Asset
Admin, Contract
$10,000
LMIHF
Services -
Professional
Measure M2
03217662-66220
Measure M-
Local Fairshare
2028-29
Street
St, Improvements
$40,000
Constructions
Other Than
Buildings
Economic
Development
Service
2028-29
01118810-62300
General Fund
Enhancement,
$10,000
Contract
Services -
Professional
Housing Asset
2028 29
60718810-62300
Housing Asset
Admin, Contract
$10,000
LMIHF
Services -
Professional
Measure M2
03217662-66220
Measure M-
Local Fairshare
2029-30
Street
St, Improvements
$40,000
Constructions
Other Than
Buildings
Economic
Development
Service
2029-30
01118810-62300
General Fund
Enhancement,
$10,000
Contract
Services -
Professional
Housing Asset
2029-30
60718810-62300
Housing Asset
Admin, Contract
$10,000
LMIHF
Services -
Professional
Total
$300,000
Public Works On -Call Real Estate Title and Escrow Services
March 17, 2026
Page 5
The amounts above are estimates only and are subject to change. The accounting units
may also change, pending fees that may be paid from other programs and projects.
However, the maximum aggregate amount of the expenditures will not exceed $300,000
over the term of the agreements, including all extension periods.
EXHIBIT(S)
1. RFP No. 25-145
2. Agreement with Chicago Title Company
3. Agreement with Commonwealth Land Title
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works
Approved By: Alvaro Nunez, City Manager
EXHIBIT 3
REQUEST FOR PROPOSALS NO. 25-145
• -�
ON -CALL REAL ESTATE TITLE & ESCROW SERVICES
r .,
I
�ellilllllllal �I I
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza
Santa Ana, CA 92701
Hayley Gilbert
Project Manager
hgilbert@santa-ana.org
Acting Executive Director
Public Works Agency
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with
appropriate notice to prospective Proposers.
Issue Date:
Deadline for Questions:
Proposal Due Date:
Anticipated Award Date:
December 10, 2025
January 5, 2026, 2:00 P.M.
January 12, 2026, 2:00 P.M.
February 17, 2026
(9)
TABLE OF CONTENTS
EXHIBIT 3
I. BACKGROUND...........................................................................................................................3
II. OVERVIEW OF PROJECT..........................................................................................................3
III. TERM OF AGREEMENT............................................................................................................ 3
IV. MINIMUM QUALIFICATIONS......................................................................................................3
V. RESPONSE TO RFP.................................................................................................................. 4
VI. CERTIFICATIONS (ATTACHMENTS).........................................................................................9
VII. REFERENCES............................................................................................................................9
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE....................................................................... 10
IX. SELECTION PROCEDURES & CRITERIA............................................................................... 10
X. WITHDRAWALS........................................................................................................................12
XI. GENERAL TERMS AND CONDITIONS.................................................................................... 12
XII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ........................ 17
XIII. AWARD OF AGREEMENT........................................................................................................ 20
XIV. IMPLEMENTATION................................................................................................................... 20
EXHIBITS
Exhibits provided herein for Proposers'reference only.
EXHIBIT I — SCOPE OF SERVICES
EXHIBIT 11 — SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER'S CERTIFICATION, PROPOSAL PRICING
B PROPOSER'S STATEMENT
C NON -COLLUSION AFFIDAVIT
D NON -LOBBYING CERTIFICATION
E NON-DISCRIMINATION CERTIFICATION
F SUBCONTRACTOR DESIGNATION FORM
G CARB FLEET COMPLIANCE CERTIFICATION
(9)
I. BACKGROUND
WOM111 ]1rc]
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County,
and encompasses an area of approximately 27 square miles. For more information, please visit
https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations
(Proposers) to provide On -Call Real Estate Title and Escrow Services. See EXHIBIT I for
complete Scope of Services.
The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal
entity or entities submitting a proposal in response to this Request for Proposals (RFP).
Funding sources for each project may vary and shall comply with the funding agency's
requirements. Special conditions may apply.
CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented
amendments to the In -Use Off -Road Diesel -Fueled Fleets Regulations ("Regulation") which are
effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25
horsepower or greater and other forms of equipment used in California. A copy of the
Regulation is available at:
https:Hww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1. pdf.
Proposers are required to comply with all CARB and Regulation requirements, including, without
limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code
of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must
provide, with their Proposal, copies of Proposer's and all listed subcontractors' most recent, valid
Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as
required herein may render the Proposal non -responsive.
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at
its discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council
approval, or City Manager or City Attorney authorization, as appropriate. The total term of the
awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior
to the date of this RFP.
(9)
EXHIBIT 3
2) Minimum five (5) most recent years of experience performing similar services as those
detailed in the Scope of Services section of this RFP.
3) Familiarity with project management theories and techniques, including project scheduling,
staff assignments, and coordination and communication with other project entities.
4) Contractor must hold all necessary state -issued licenses, such as title company or escrow
agent license, and to be in good standing.
5) Knowledge of the Federal and State Uniform Relocation and Real Property Acquisition
Policies Act and Article 1, Section 19, California Constitution (granting the power of eminent
domain law).
V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City's Bid Management System,
PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered
to the Public Works Agency drop box located on the first floor of Ross Annex across from the
Development Permit counter in an enclosed sealed envelope and marked clearly with the
following:
"SEALED PROPOSAL FOR
ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO. 25-145
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic
submittal by the deadline is suffice. For further instructions regarding hard copy submission
of proposals, refer to PlanetBids.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanvlD=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
(9)
1771. Questions of an operational nature may be directed to the City's assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City's Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the "Addenda/Emails" tab.
D. EXCEPTIONS
Requests submitted for City's consideration of proposed terms and conditions, including
modifications to the City's RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications. Should the
Proposer be considered for award recommendation and progress into the negotiations
phase, the requests for exceptions or modifications to the City's terms and conditions will be
discussed at that time. The City will not accept any requests after the deadline for questions
and reserves the right to reject or strike any requests for exceptions or additional terms and
conditions related to Agreement, RFP, and insurance and indemnification terms and
conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City's
PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanylD=20137.
(9)
EXHIBIT 3
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages
(excluding City's required Certifications listed in Section VIII below; Proposal Cover
Letter, section dividers, table of contents, front/back cover pages). The page limitation
includes all appendices, attachments, and supplemental information. Additionally, SOQ
must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Hayley Gilbert, Projects Manager
City of Santa Ana — Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Services Provided
Proposal shall include a Scope of Services and Schedule which detail the work phase
to be completed, the tasks to be accomplished, the deliverables to be provided, the
schedule/timeline to complete the project, and how they meet the needs of the City as
(9)
described in EXHIBIT I — Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns
previously submitted with any and all provisions as contained in EXHIBIT II — Sample
Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm's experience including the following:
A general description of the firm, including size and number of employees
working directly with the City on this agreement.
Firm's nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
Agent shall be the primary contact person to represent your firm and will be
the person to conduct the presentation, if invited to an interview.
iv. Resumes for all key staff proposed describing relevant experience.
e. Proposed Work Plan/Understanding of Need
Proposal shall include a statement demonstrating the firm's understanding of the
Scope of Services.
Additionally, proposed work plan shall include Proposers':
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
f. Project Controls
Describe your firm's ability to control costs and provide accurate and timely
invoices through internal control measures; to monitor and stay within budget;
to monitor schedule and review times and describe the techniques used to
complete projects within the proposed time frames.
Provide a description of your firm's QA/QC Process/procedures and explain
how it will ensure quality work and an on -time product delivery.
g. CARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Title 13 California Code
of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their
Proposals, valid Certificates of Reported Compliance ("CRC") for the Proposer's fleet
and for the fleet(s) of its listed subcontractors (including any applicable leased
equipment or vehicles). Proposer must additionally complete and submit the Fleet
Compliance Certification, included herein as ATTACHMENT G. Failure to provide a
(9)
EXHIBIT 3
CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet
Compliance Certification, may render the Proposal non -responsive.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing
instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Cost Proposal must include a payment schedule if applicable. City reserves
the right to negotiate compensation and/or payment schedule prior to award of any
resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not
include rate ranges or averages.
The fee proposal shall be submitted separately and concurrently with the technical
proposal, electronically in PlanetBids, and as a hard copy in a separately sealed
enveloped, clearly labeled as "Fee Proposal." This shall include the firm's Standard
Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the
major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.
The City shall not provide reimbursement for travel -related expenses, mileage, parking,
lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any
other business expenses, supplies and materials related to providing services as
specified herein. Additional costs will not be considered and will not be reimbursed by the
City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the
City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed
pricing adjustment for follow-on renewal periods shall be submitted to the City
Representative in writing at least ninety (90) days prior to the new Agreement term. The
City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not
to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted;
annualized change comparing the most recent month's reported data to the same month
of the prior year. (This information may be found on the U.S. Department of Labor's
website at www.bls.gov.)
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a "protest" to an RFP
with the City's Purchasing Department. In order for a Proposer's protest to be considered
valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP
Results/Notice of Intent to Award on the City's online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
(9)
EXHIBIT 3
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If
the protest is valid, the City's Purchasing Manager, or other designated City staff member,
shall review the basis of the protest and all relevant information. The decision from the
Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A:
Proposer's Certification and Proposal Item Pricing
Attachment B:
Proposer's Statement
Attachment C:
Non -Collusion Affidavit
Attachment D:
Non -Lobbying Certification
Attachment E:
Non -Discrimination Certification
• Attachment F:
Subcontractor Designation Form
• Attachment G:
CARB Fleet Compliance Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE.
• All forms above must be signed by a representative of the Firm that is legally
authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the
required attachments.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. The respondent grants permission for the City to contact any individuals
listed as references.
City may disqualify a Proposer if -
References fail to substantiate Proposer's description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
(9)
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer's responsibility to inform the point of contact(s) of normal City
working hours.
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit H — Sample Agreement
IX. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will
evaluate proposals based on the response to the RFP, which includes adherence to outlined
directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by the review committee based on the following
criteria:
CATEGORY
POINTS
Organization/Completeness of Response
o Proposal demonstrates understanding of project and objectives as it
10
relates to the scope of work.
o Proposal demonstrates requirements are addressed and adhered to.
o Proposal is complete, comprehensive, and well -organized.
Qualifications, Capabilities, & Experience The technical qualifications and
experience of the organization are adequately described as they relate to the
Scope of Work (SOW).
o The proposal identifies specific projects completed within the past five
25
(5) years that demonstrate competency of the tasks outlines in the
SOW.
o The ability to meet the needs and concerns of the City is adequately
demonstrated.
Key Personnel / Proposed Staffing Proposer demonstrates experience
providing type of service required or experience providing similar services
o Proposer demonstrates they have the necessary resources,
knowledge, skills, experience, and any required licenses / certifications
20
to provide the required services
o Proposal provides resumes of experienced personnel that are capable
of and devoted to the successful accomplishment of work to be
performed under this contract.
o Amount and quality of time that the key personnel will eb involved in
their respective portions of the project.
(9)
WE111 ]1rc]
o Proposal includes a description of the role for each identified staff
member, including name, position, education, years of experience, and
relevant projects on which they have worked.
Technical Approach / Methodology
• The proposal provides a thorough description of how the firm plans to
meet the requirements of the SOW, addressing specific methods and
techniques to be employed on the project, challenges and
20
opportunities, and explaining why their company is best suited to assist.
o An implementation plan is included outlining a description of efforts the
firm will undertake to achieve client satisfaction and to meet project
deadlines.
Reasonableness of the Fee Schedule
The Cost Proposal will be evaluated as follows:
25
o Lowest price receives the full score.
o Other scores are proportional to the lowest price.
TOTAL POSSIBLE SCORE
100
Before interviews - if held
Interviews (if necessary)
• The City reserves the right to conduct interviews with the highest -rated
firm(s). In the event the City does perform an interview process, the
10
following is the maximum number of additive points that may be applied
to the proposal score. Total possible score may exceed 100 points.
C. Rankings: A final score will be calculated for each submitted proposal and used to rank
Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only
those proposals receiving a score above 70 will be considered for award. The City reserves
the right to award the contract to any proposer(s) with a score above 70. The review
committee will evaluate proposers based on their response to the RFP and the City
evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview,
Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to
present proposals. A final score will be calculated for each submitted proposal and used to
rank Proposers. City reserves the right to begin negotiations and enter into a contract without
holding interviews, or further discussions.
E. Selection: The City is under no obligation to accept any proposal and reserves the right to
negotiate with respondents as to fees and terms. The City may reject proposals at its sole
discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be
considered non -responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated. The review committee
will recommend the qualified Proposers to the City Council or City Manager for award of
contract, as appropriate.
(9)
X. WITHDRAWALS
EXHIBIT 3
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the
execution of a contract and must provide a copy to the Buyer assigned to this RFP. The
awarded party shall maintain a current business license throughout the term of the resulting
contract. Procedure to obtain a City of Santa Ana Business License is available by contacting
the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the
City's website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor's employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor's efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
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EXHIBIT 3
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR'S EXPENSE
Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre -
contractual expenses are not to be included in the cost proposal. Pre -contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre -proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor's proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor's Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor's personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor's personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
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EXHIBIT 3
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG -FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug -free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City's objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager's attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers' compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub -consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub -consultants be offered, the Proposer shall provide the same
assurances of competence for the sub -consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub -consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
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EXHIBIT 3
apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub -contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer's prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor's proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the
awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
Q. NON -PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
(9)
EXHIBIT 3
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City's
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
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EXHIBIT 3
XII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS (AS
APPLICABLE)
A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has
ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight
hours, for each craft or type of worker or mechanic needed to execute any construction or
maintenance contract, which may be awarded by Public Works. The current prevailing wage
rates as adopted by the Director of the Department of Industrial Relations are incorporated
herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing
Wage determination made by the Director of Industrial Relations / Pursuant to California
Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible
for selecting the craft/classification of workers which will be required to perform this service
in accordance with the Contractor's method of performing the work. Pursuant to Section 1775
of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or
portion thereof, for each worker paid less than the stipulated prevailing wage rates for any
public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the 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 requirement on "public works" and "maintenance" projects. Since the
services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the job site. Contractor 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.
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be
listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
[with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the Department
of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to
compliance monitoring and enforcement by the Department of Industrial Relations. Contractors
are further cautioned that certified payrolls shall be submitted electronically directly to the
Department of Industrial Relations.
C. CAL -OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal -OSHA regulations and all other
applicable codes required for vehicle use on the roads or highways in the state of California.
(9)
D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the regulations imposed by California Air
Resources Board ("CARB") including, without limitation, all applicable terms of Title 13,
California Code of Regulations Division 3, Chapter 9 and all pending amendments
("Regulation").
Throughout the Project, and for three (3) years thereafter, Contractor shall make
available for inspection and copying any and all documents or information associated
with Contractor's and its subcontractors' fleets including, without limitation, the
Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance
records, emissions records, and any other information the Contractor is required to
produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice
from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with
any and all violations, or failures to comply with the Regulation. Contractor shall defend,
indemnify and hold harmless the City, its officials, officers, employees and authorized
volunteers free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Regulation.
E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type
of construction involved and materials and techniques specified.
F. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste
and non -usable material resulting from the work under this Contract and shall be disposed
of at the completion of each work day by the Contractor. Hazardous waste must be disposed
of in accordance with the Resource Conservation and Recovery Act and all other applicable
federal, state, and local laws and regulations.
G. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety
regulations and must maintain appropriate hazardous material transportation and handling
certifications and licensing as applicable.
H. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special
provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract
is performed in strict compliance with all applicable Federal, State and local occupational
safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety
devices and protective equipment, and shall take any and all actions appropriate to providing
a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. Contractor shall train all employees, or subcontractor personnel in the
work practices necessary to safely perform his or her job.
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EXHIBIT 3
b. Contractor shall identify all known potential hazards related to the work performed
and train all employees and subcontractor personnel on how to handle the potential
hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe
work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards
found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous
materials to be utilized on site in the performance of work.
f. Contractor is solely responsible for the legal disposal of hazardous waste generated
in the performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to
defend, indemnify and hold harmless the City, its officers, employees and agents
from and against any and all investigations, complaints, citations, liability, expense
(including defense costs and legal fees), claims and/or causes of action for damages
of any nature whatsoever, including but not limited to injury or death to employees
of the Contractor, its subcontractors or City, attributable to any alleged act or
omission of the Contractor or its subcontractors which is in violation of any Cal OSHA
regulation. The obligation to defend, indemnify and hold harmless includes all
investigations and proceedings associated with purported violations of Section
336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer
work sites. The City may deduct from any payment otherwise due the Contractor any
costs incurred or anticipated to be incurred by the Agency, including legal fees and
staff costs, associated with any investigation or enforcement proceedings brought
by Cal OSHA arising out of the assigned work.
OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of
such direction, in accordance with sound industrial practices, to safeguard and protect City
property and adjacent property. Damages to properties caused by Contractor's negligence shall
be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor's employees
with all applicable environmental and hazardous materials handling laws and regulations.
Contractor shall provide City a full report of damage to City property and/or equipment by
Contractor's employees. All damage reports shall be submitted to the Site Coordinator within
twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.)
as required or necessary to ensure the safety of the public, City, and Contractor's employees.
SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are
caused by the negligence of the contractor once hazardous waste materials are in the
possession of the contractor or transported off site.
K. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the
City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste
description, manifest number and line number, date waste shipped, disposal and recycling
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EXHIBIT 3
facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile
number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF
Format) and hard copy format at all times during the term of the contract.
XIII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer"
will hereinafter be referred to as "Consultant' or "Contractor" in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XIV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required
bonds, insurance documents, and contents of the Information Packet for review and
approval by the City. "On -Call" contracts require the City Project Managers to request a
project/task proposal from Consultants on an "as -needed" basis. Proposals will then be
evaluated by City Staff and written NTPs will be issued accordingly per task order.
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EXHIBIT I
SCOPE OF SERVICES
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO. 25-145
INTRODUCTION/BACKGROUND:
EXHIBIT 3
The City of Santa Ana is inviting proposals from experienced and responsive consultants (Consultant)
to provide real estate title, escrow and related services for various Capital Improvement Projects and
other facilities that will be used for public use under the direction of City staff. The Consultant will be
expected to provide experienced and knowledgeable professional staff. The Consultant and its staff or
representatives shall be responsive and maintain excellent working relationships with City staff and City
Right -of -Way Consultants. The Consultant shall be committed to provide adequate staffing levels at all
times in order to adhere to established schedules.
SCOPE OF WORK:
The proposal should include the following tasks and fees and any additional tasks and fees deemed
necessary by the Consultant shall be clearly identified in the proposal. Additionally, the City reserves the
right to provide Notice To Proceed (NTP) for any, all or none of the following optional tasks:
On an as -needed basis, Proposer is responsible for providing real estate title and escrow services on a
timely manner, including but not limited to:
1) Title Research and Reporting
a) Prepare preliminary title reports
i) Update to an existing title report (either ordered by the City or others)
ii) Issue new reports and provide copies of all underlying exception and exclusion documents.
b) Issue chain of title reports on an exception basis (seldom required).
c) Provide other related information and documents of record concerning title to property such as
copies of vesting deeds, parcel maps/tract maps, FEMA flood zone designations.
d) Litigation guarantees — Issue condemnation litigation or continuation guarantees.
e) Prior to closing escrow, Consultant shall order and provide the City with an updated Preliminary
Title report to ensure that no new liens and/or encumbrances are recorded on the
property/property interests to be acquired by the City.
2) Title Resolution and Support
a) Assist with the development of legal descriptions for:
i) public and private properties; and/or
ii) unrecorded easements, right-of-way or other apparent encumbrances or rights granted by
other agencies.
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b) Assist the City, its consultants and agents in resolving issues affecting marketable title to
properties through, among other things, recordation of corrective instruments and/or other
appropriate means.
c) Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary Title
report unless waived by the City in writing.
d) Obtain partial release, partial re -conveyance and subordination agreements from the property
owners or any party having interest in the property.
e) Assist the City in determining the appropriate amount of title insurance coverage for each property
or portfolio (or portion thereof) whether acquired by purchase or without financial consideration
and taking into account valuation as determined by appraisal, or by opinion of value from a
commercial real estate company.
3) Escrow and Closing Services
a) Escrow services:
Issue either CLTA or ALTA extended -coverage owner
CLTA 100
Comprehensive
CLTA 103.1A
Encroachment Coverage
CLTA 103.4
Access through an easement
CLTA 103.7
Access
CLTA 110.1
Deletion of item from policy
CLTA 116
Location
CLTA 116.1
Survey
CLTA 116.4
Contiguity
CLTA 116.7
Subdivision
CLTA 123.3
Zoning
b) Ensure that all conditions present and conditions subsequent provided for in the Purchase
Agreement are met and satisfied prior to closing escrow.
c) Prepare, subject to review and approval by the City, Escrow Instructions for execution by the City
and grantor(s). Consultant shall ensure all legal requirements are satisfied prior to escrow closing.
d) Provide comprehensive Escrow Services to the City and owners involved in the related
transactions.
e) Prepare all necessary conveyance documents; demand and release of lien/encumbrance
documents and submit the same for approval by the City prior to close of escrow.
f) Record grant deeds, certificates of acceptance, memoranda of agreements, and related
documents required with respect to the transfer of each property in the office of Orange County
Recorder.
g) Distribute to the parties originals or copies of executed and/or closing documents.
h) Disburse to the party or parties entitled hereto amounts required to be disbursed in connection
with the closing of each property transfer transaction.
i) Prepare closing settlement statements reflecting pro -rations and funds disbursed through escrow
in each property transfer transaction.
j) Provide multilingual services as needed for efficient closing of escrow.
4) Coordination, Reporting, and Administrative Support
a) Meet and coordinate work with other right-of-way consultants as directed by the City.
b) Provide additional services related to title, escrow and related services specified above, at hourly
rates, the scope of which will be agreed to in writing between the City & Consultant.
c) Consultant shall at no cost to the City provide status reports of the requested services on a weekly,
bi-weekly, or monthly basis at City's option.
d) Consultant shall at no cost to the City provide the City and its consultants with password protected
access to Consultant's website dedicated for City's projects. The website shall contain all copies
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EXHIBIT 3
of City ordered reports and other documents will be posted no later than due date agreed upon
and indicated on the work authorization. Website access must be available to City throughout the
term of the agreement and after expiration for a minimum of 3 months from time all ordered
documents and reports have been posted.
FEE PROPOSAL:
In addition to Section V.G.2 (Proposal Contents: Cost Proposal) fee schedule shall be structured to
correspond to the above mentioned tasks as follows:
The fee schedule shall include the firm's standard hourly fee schedule and each task should include an
hourly breakdown that corresponds to the task total. A list of all positions and hourly rates for
personnel/sub-consultants expected to perform services under this RFP shall be described herein. Hourly
rates for personnel not expected to perform services under this RFP shall not be included. At the request
of the City, the Consultant shall provide a more detailed fee proposal when a specific project proposal is
requested of the Consultant.
The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The
consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and
of the project.
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required information
in the RFP. The City will provide only the staff assistance and the documentation specifically in referred
to herein.
Furnish scope of work and provide general direction as needed for the assigned project.
Facilitate meeting space and coordination and City facilities.
Follow City of Santa Ana Invoicing guidelines.
CONSULTANT RESPONSIBILITIES:
Consultant shall provide all required insurance as outlined in Exhibit II of this RFP.
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.
(9)
EXHIBIT II
SAMPLE AGREEMENT
CONSULTANT -AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20 by and between
, ("Consultant"), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State
of California ("City").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of: Real Estate and
Escrow Services
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field
and that any services performed by Consultant under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor,
materials, tools, equipment, and incidental customary work required to fully and adequately complete the services
described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B. The total amount to be expended during the
term of this Agreement shall not exceed $XXXXX.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing
work performed, subject to City accounting procedures. City and Consultant agree that all payments
due and owing under this Agreement shall be made through Automated Clearing House (ACH)
transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and
provide required documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions. 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 for a three (3) year term with the option
for the City to grant up to two (2) additional one (1) vear extension(s), exercisable by a writing by the City Manager
and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
(9)
EXHIBIT 3
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
professional manner in which Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require
any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement
against claims for injuries to persons or damage to property which may arise from or in connection with services,
products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
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 $2,000,000 per occurrence and $4,000,000
aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain
commercial automobile liability insurance, City will accept evidence of personal automobile insurance,
provided that such policy is endorsed for business use and provides coverage with a minimum limit of
$1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
3. Workers' Compensation (WC): 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, policy or employee, for
bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to
waive such insurance.
4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000
aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of
coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to City.
(9)
Other Insurance Provisions
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The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as
additional insureds, under Consultant's CGL and AL policies, with respect to any liability arising out of
work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and
personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City
Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of
Consultant's CGL, AL, and WC policies which arise from work performed by Consultant under this
Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any
insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall
not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's
insurance shall apply separately to each insured against whom a claim is made or suit is brought, except
with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided,
reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30)
days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to
City for policy cancellation or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for
Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the
Description of Operations section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to
purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current
A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy
of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's
obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
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.
7. 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
(9)
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and
claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors,
agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms
of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation
in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against
any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in the work product or documents provided by Consultant to the City
pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this
Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of
the City to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of
final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably
understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information
except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to
protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"
shall include all nonpublic information. Confidential 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.
11. CONFLICT OF INTEREST CLAUSE
a-. 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.
No immediate family members of either the Mayor, City Council Member, or any appointed City Official,
including appointed board and commission members, as defined under the City's Municipal Code,
whose position with the City shall award or influence the award of this Agreement, or any competing
(9)
EXHIBIT 3
contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other
direct or indirect financial benefit or interest in this Agreement.
The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those
awards, to any former full-time employee for one-year from date of employee separation except for any
CaIPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect
or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now
aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter
becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must
immediately make full written disclosure of such facts to the City. Full written disclosure must include,
but is not limited to, identification of all persons implicated and a complete description of all relevant
circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this
Agreement.
Consultant covenants that none of its directors, officers, employees, or agents shall participate in
selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from
the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or
interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities
or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and
supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement
may not be modified except by written instrument signed by the City and by an authorized representative of
Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the 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.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may
not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and
any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered
null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services
which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such
event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services
performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product(s) completed as of such date, and in such case such work product shall be
(9)
EXHIBIT 3
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions
of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right
or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach,
failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing
so specifies.
17. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the
laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any
action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws
and regulations of the United States, the State of California, the City of Santa Ana and all other governmental
agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. 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:
City Clerk
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:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
First & Last Name, —Title
Consultant Firm Name
Address
(9)
City, State, Zip
Fax:
W7:II 11rc3
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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Rodolfo Rosas, P.E.
Acting Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONSULTANT:
(name)
(title)
(9)
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
EXHIBIT 3
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
ATTACHMENT B
PROPOSER'S STATEMENT
EXHIBIT 3
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Fi
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
ATTACHMENT C
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of , County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
ATTACHMENT D
NON -LOBBYING CERTIFICATION
EXHIBIT 3
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
ATTACHMENT E
NON-DISCRIMINATION CERTIFICATION
EXHIBIT 3
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
(9)
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
ATTACHMENT F
SUBCONTRACTOR DESIGNATION FORM
EXHIBIT 3
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth
below the name and location of each subcontractor who will perform work or labor or render service to the bidder
in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of
work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section
4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform
the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder
must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those
subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an
amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of
work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further
space is required for the list of proposed subcontractors, additional sheets showing the required information, as
indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned
related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion
of work according to detailed drawings contained in the plans and specifications in the amount greater than one
half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount
Contractor's License Number
DIR Registration No.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount:
Contractor's License No:
DIR Registration No:
❑ Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
ATTACHMENT G
CARB FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and
regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9,
effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option
checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported
Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject
vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the
Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling
methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure
renewable diesel (i.e. third -party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this
Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the
exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained,
pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached
hereto.
Bidder's Company Name (please print or type)
Signature of Bidder
Print Name
Title
DOORS ID
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT 2
AGREEMENT TO PROVIDE ON -CALL REAL ESTATE
TITLE AND ESCROW SERVICES
THIS AGREEMENT is made and entered into on this 17th day of March 2026 by and between Chicago
Title Company, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On December 10, 2025, the City issued Request for Proposal ("RFP") No. 25-145, by which it
sought qualified consultants to provide on -call real estate title and escrow services for the City's
Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of work that was
included in RFP No. 25-145.
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. 25-145, 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 two (2)
consultants selected to provide real estate title and escrow services on an on -call basis under
RFP 25-145. The total compensation for these services provided by all such consultants
selected under RFP 25-145 shall not exceed the shared aggregate amount of $300,000 during
the term of the Agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. City and Consultant agree
that all payments due and owing under this Agreement shall be made through Automated
Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH
Vendor Payment Authorization and provide required documentation. Upon verification of the
Page 1 of 8
EXHIBIT 2
data provided, the City will be authorized to deposit payments directly into Consultant's
account(s) with financial institutions. 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 for a one (1) year term expiring
March 16, 2027, with the option for the City to grant up to four (4), one (1) year extension(s), exercisable
by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Consultant
shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Exhibit D.
7. 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,
Page 2 of 8
EXHIBIT 2
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
Page 3 of 8
EXHIBIT 2
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.
11. CONFLICT OF INTEREST CLAUSE
a. 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.
b. No immediate family members of either the Mayor, City Council Member, or any appointed
City Official, including appointed board and commission members, as defined under the City's
Municipal Code, whose position with the City shall award or influence the award of this
Agreement, or any competing contract or amendment thereof, shall be employed in any
capacity by the Consultant or have any other direct or indirect financial benefit or interest in
this Agreement.
The section also prohibits the awarding of any agreement, contract, grant, or any amendment
to those awards, to any former full-time employee for one-year from date of employee
separation except for any CAPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now
in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants
that it is not now aware of any facts which conflict with the prohibitions defined above. If the
Consultant hereafter becomes aware of any facts that might reasonably be expected to create a
conflict of interest, it must immediately make full written disclosure of such facts to the City.
Full written disclosure must include, but is not limited to, identification of all persons
implicated and a complete description of all relevant circumstances. Failure to comply with
the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate
in selecting or administrating any subcontract supported (in whole or in part) by City funds
stemming from the Agreement where the awarding of the subcontract has any direct or indirect
financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this Agreement. Consultant affirms that it is
Page 4 of 8
EXHIBIT 2
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the 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.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
Page 5 of 8
EXHIBIT 2
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. 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:
City Clerk
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:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
FAX: 714-647-5635
To Consultant:
Cheryl Yanez
Sr. Vice President
Chicago Title Company
Page 6 of 8
EXHIBIT 2
601 S. Figueroa Street, Suite 2150
Los Angeles, CA 90017
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.
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.
Page 7 of 8
EXHIBIT 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: � �Z 11q I �"
Kyle llesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Rodolfo Rosas Daiea2,26030-316025600' s®sanWana org, -US
Rodolfo Rosas, P.E.
Acting Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONSULTANT:
s�
Cheryl Yanez
Sr. Vice President
Page 8 of 8
EXHIBIT A
(9)
EXHIBIT I
SCOPE OF SERVICES
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO. 25-145
INTRODUCTION/BACKGROUND:
EXF,IETA
The City of Santa Ana is inviting proposals from experienced and responsive consultants (Consultant)
to provide real estate title, escrow and related services for various Capital Improvement Projects and
other facilities that will be used for public use under the direction of City staff. The Consultant will be
expected to provide experienced and knowledgeable professional staff. The Consultant and its staff or
representatives shall be responsive and maintain excellent working relationships with City staff and City
Right -of -Way Consultants. The Consultant shall be committed to provide adequate staffing levels at all
times in order to adhere to established schedules.
SCOPE OF WORK:
The proposal should include the following tasks and fees and any additional tasks and fees deemed
necessary by the Consultant shall be clearly identified in the proposal. Additionally, the City reserves the
right to provide Notice To Proceed (NTP) for any, all or none of the following optional tasks:
On an as -needed basis, Proposer is responsible for providing real estate title and escrow services on a
timely manner, including but not limited to:
1) Title Research and Reporting
a) Prepare preliminary title reports
i) Update to an existing title report (either ordered by the City or others)
ii) Issue new reports and provide copies of all underlying exception and exclusion documents.
b) Issue chain of title reports on an exception basis (seldom required).
c) Provide other related information and documents of record concerning title to property such as
copies of vesting deeds, parcel maps/tract maps, FEMA flood zone designations.
d) Litigation guarantees — Issue condemnation litigation or continuation guarantees.
e) Prior to closing escrow, Consultant shall order and provide the City with an updated Preliminary
Title report to ensure that no new liens and/or encumbrances are recorded on the
property/property interests to be acquired by the City.
2) Title Resolution and Support
a) Assist with the development of legal descriptions for:
i) public and private properties; and/or
ii) unrecorded easements, right-of-way or other apparent encumbrances or rights granted by
other agencies.
(9)
EXF,IETA
b) Assist the City, its consultants and agents in resolving issues affecting marketable title to
properties through, among other things, recordation of corrective instruments and/or other
appropriate means.
c) Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary Title
report unless waived by the City in writing.
d) Obtain partial release, partial re -conveyance and subordination agreements from the property
owners or any party having interest in the property.
e) Assist the City in determining the appropriate amount of title insurance coverage for each property
or portfolio (or portion thereof) whether acquired by purchase or without financial consideration
and taking into account valuation as determined by appraisal, or by opinion of value from a
commercial real estate company.
3) Escrow and Closing Services
a) Escrow services:
Issue either CLTA or ALTA extended -coverage owner
CLTA 100
Comprehensive
CLTA 103.1A
Encroachment Coverage
CLTA 103.4
Access through an easement
CLTA 103.7
Access
CLTA 110.1
Deletion of item from policy
CLTA 116
Location
CLTA 116.1
Survey
CLTA 116.4
Contiguity
CLTA 116.7
Subdivision
CLTA 123.3
Zoning
b) Ensure that all conditions present and conditions subsequent provided for in the Purchase
Agreement are met and satisfied prior to closing escrow.
c) Prepare, subject to review and approval by the City, Escrow Instructions for execution by the City
and grantor(s). Consultant shall ensure all legal requirements are satisfied prior to escrow closing.
d) Provide comprehensive Escrow Services to the City and owners involved in the related
transactions.
e) Prepare all necessary conveyance documents; demand and release of lien/encumbrance
documents and submit the same for approval by the City prior to close of escrow.
f) Record grant deeds, certificates of acceptance, memoranda of agreements, and related
documents required with respect to the transfer of each property in the office of Orange County
Recorder.
g) Distribute to the parties originals or copies of executed and/or closing documents.
h) Disburse to the party or parties entitled hereto amounts required to be disbursed in connection
with the closing of each property transfer transaction.
i) Prepare closing settlement statements reflecting pro -rations and funds disbursed through escrow
in each property transfer transaction.
j) Provide multilingual services as needed for efficient closing of escrow.
4) Coordination, Reporting, and Administrative Support
a) Meet and coordinate work with other right-of-way consultants as directed by the City.
b) Provide additional services related to title, escrow and related services specified above, at hourly
rates, the scope of which will be agreed to in writing between the City & Consultant.
c) Consultant shall at no cost to the City provide status reports of the requested services on a weekly,
bi-weekly, or monthly basis at City's option.
d) Consultant shall at no cost to the City provide the City and its consultants with password protected
access to Consultant's website dedicated for City's projects. The website shall contain all copies
(9) EXF,IETA
of City ordered reports and other documents will be posted no later than due date agreed upon
and indicated on the work authorization. Website access must be available to City throughout the
term of the agreement and after expiration for a minimum of 3 months from time all ordered
documents and reports have been posted.
FEE PROPOSAL:
In addition to Section V.G.2 (Proposal Contents: Cost Proposal) fee schedule shall be structured to
correspond to the above mentioned tasks as follows:
The fee schedule shall include the firm's standard hourly fee schedule and each task should include an
hourly breakdown that corresponds to the task total. A list of all positions and hourly rates for
personnel/sub-consultants expected to perform services under this RFP shall be described herein. Hourly
rates for personnel not expected to perform services under this RFP shall not be included. At the request
of the City, the Consultant shall provide a more detailed fee proposal when a specific project proposal is
requested of the Consultant.
The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The
consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and
of the project.
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required information
in the RFP. The City will provide only the staff assistance and the documentation specifically in referred
to herein.
Furnish scope of work and provide general direction as needed for the assigned project.
Facilitate meeting space and coordination and City facilities.
Follow City of Santa Ana Invoicing guidelines.
CONSULTANT RESPONSIBILITIES:
Consultant shall provide all required insurance as outlined in Exhibit II of this RFP.
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.
EXHIBIT B
EXFJWIET,TR
RFP NO. 25-145
IN THE CITY OF SANTA ANA
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
SUBMITTED BY:
CHICAGO TITLE
ATTN: CHERYL YANEZ
725 S. FIGUEROA ST, STE. 200
LOS ANGELES, CA 90017
(213) 488-4315
EXFJWIBT,TB
TABLE OF CONTENTS
Tableof Contents------------------------------------------------------------------------------------------- 1
CoverLetter-------------------------------------------------------------------------------------------------- 2
ServicesProvided------------------------------------------------------------------------------------------- 4
AgreementStatement------------------------------------------------------------------------------------- 9
Firm and Team Experience ------------------------------------------------------------------------------- 11
Proposed Work Plan/Understanding of Need--------------------------------------------------------17
ProjectControls -------------------------------------------------------------------------------------------- 19
CarbFleet Compliance ----------------------------------------------------------------------------------- 22
Certifications-----------------------------------------------------------------------------------------------24
References--------------------------------------------------------------------------------------------------33
EXFJWIET,TR
COVER LETTER
EXFJWIETI-4
Chicago Title Company
725 S. FIGUEROA STREET, SUITE 200, LOS ANGELES, CA 90017 (213) 488-4315
January 7, 2026
H ayley G i [be rt, Projects Manager
City of Santa Ana — Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Request For Proposals No. 25-145 for On -Call Real Estate Ttle and Escrow Services
Dear Hayley,
Chicago Title is pleased to submit our Request for Proposal for Title and Escrow Consulting Services.
Chicago Title is a member of the Fidelity National Financial family of companies which is a leading provider of title
insurance, mortgage services, specialty insurance and information services in the real estate industry. Chicago Title
Company is a California corporation. Our Fed Tax ID number is 36-3341513.
P-rimary Contact:
Cheryl Yanez —Sr. Vice President, National Account Executive
Office: 725 S. Figueroa Street, Ste. 200, Los Angeles, CA 90017
Telephone. 213 488-4815
EmailOherl.Yan" ctt. -
The financial strength of a title company must, of course, be an issue of major concern to you. Fidelity National Financial
Family of Companies, of which Chicago Title is part, combines great financial strength and prudence. Our claims
reserves are the largest in the title industry and exceed $1.7 billion. Our available cash and investments are also the
largest in the title industry and exceed $71.3 billion.
Chicago Title is dedicated to delivering the highest [evel of service to its clients. To support this commitment, we have
assembled a team of experienced commercial professionals who are well-equipped to manage the unique requirements
of your project. Tha individuals assigned to this RFP wilt bring the necessary expertise and industry knowledge to
effectivety navigate the complexities of the transactions.
Chicago Title hereby affirms our willingness and commitment to perform all services as outlined in the Request for
Proposal (RFP). We have thoroughly reviewed the scope of work and requirements specified in the RFP and are prepared
to deliver the requested services in accordance with the terms and conditions set forth therein.
If you have any questions or concerns, please do not hesitate in contacting us.
Men
Sr. Vice President
National Account Executive
725 S. Figueroa Street, Ste. 200
Los Angeles, CA 90017
Phone: 213 488-4315
EXFJWIET,TR
SERVICES PROVIDED
EXRWIETI-4
SERVICES PROVIDED
Chicago Title is expecting to complete all the preliminary title reports and address any title issues necessary
within the projected timeframe and within the projected budget allocation. Our Operations Manager and Sales
Executive will be available to address any issues with staffing or workflow. Our Underwriting Counsel is
available as needed to give the attention that your projects deserve.
TITLE RESEARCH AND REPORTING:
Preliminary Title Reports — Title Reports will be delivered in electronic format with hyperlinked documents.
Preliminary reports shall show ownership of specific land parcels along with the encumbrances, all liens
(Money Encumbrances) such as general or specific liens, mechanic liens, all tax liens, appurtenant and
easement in gross, Public Service Easement/Right of Way, Vacation Documentation of Record, mortgage, trust
deeds and legal descriptions. Title reports will remain open for 24 months from the date of the original report.
There are no refunds for the cost of a preliminary title report. A credit can be provided for up to $1000 towards
the policy premium if closed within 12 months from the original report date.
Undated We Reports: -Updated reports will be available within 24 months from original report date.
Work Plan: Within 7 business days based on lot & tract legal descriptions
Title Searches_ Chicago Title will provide easement searches and street searches as needed based on the
hourly rate with the estimated cost and time frame as approved.
Chain of Title Guarantee: A chronological list of documents comprising of the Record History of Title to a
specific parcel of real property. The Chain of Title Report can be deeds only or a full chain of every document
recorded for a specific period of time. The report also includes documents (copies of all vesting deeds) from
the County Recorder's Office for a sequence of historical transfers of title for the specific years required.
Work Plan: 5 to 7 days based on lot & tract descriptions
Other Related Information:
Chicago Title shall provide all relevant documentation and records pertaining to the title of the property. This
includes, but is not limited to:
• Copies of vesting deeds
• Parcel maps and/or tract maps
• Any other documents of record that establish ownership or property boundaries
Note: FEMA flood zone designations are outside the scope of this request and will not be provided by our
team.
Litigation Guaranty: Provides assurances concerning (1) a statement of the present condition of record title
to the estate or interest which is the subject of the Guarantee, setting forth the record owner and all record
defects in or liens or encumbrances on such title; and (2) a listing of all persons who, according to the public
records, would be necessary and proper defendants in the action in order to accomplish its intended purpose,
as determined by inquiry and discussion with the attorney. Required information needed to process: Liability
Amount, Purpose (condemn, foreclose, quiet title, etc.), Name of Insured, Name of Attorney.
Work Plan: Within 7 to 10 businesses day based on lot & tract legal descriptions
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TITLE RESOLUTION AND SUPPORT:
Our team will provide comprehensive title resolution services to ensure clear and marketable title for all
properties involved for the insurance of title insurance. Including:
Development of Legal Descriptions: We will assist in preparing accurate legal descriptions for both public
and private properties, as well as for unrecorded easements, rights -of -way, and other apparent
encumbrances or rights granted by external agencies.
Title Issue Resolution: We will work closely with the City, its consultants, and agents to resolve any issues
impacting marketable title. This may involve recordation of corrective instruments or other appropriate
measures to ensure compliance and clarity.
Clearing Title Exceptions: Our team will provide support to clear exceptions identified in Preliminary Title
Reports, unless specifically waived by the City in writing.
Securing Agreements: Escrow will obtain partial releases, partial reconveyances, and subordination
agreements from property owners or any parties with an interest in the property, ensuring smooth
transaction processes.
Title Insurance Guidance: We will assist the City in determining the appropriate level of title insurance
coverage for each property or portfolio, whether acquired by purchase or without financial consideration.
This will include consideration of appraised values or opinions of value provided by commercial real estate
professionals.
Our approach emphasizes accuracy, compliance, and collaboration to minimize risk and ensure timely
resolution of all title insurance matters.
Escrow Services: Chicago Title is prepared to provide escrow services as outlined in the RFP, including
document handling, disbursements, and closing statements. Regarding Holding Escrows, we offer these
services on a case -by -case basis, subject to preapproval by our underwriters.
Policy and Endorsements
The Consultant shall provide escrow services sufficient to issue either a CLTA or ALTA extended -coverage
Owner's Policy of Title Insurance for each property, including the following endorsements/coverages, as
applicable and available for the property and transaction type:
• CLTA 100 — Comprehensive
• CLTA 103.1A— Encroachment Coverage
• CLTA 103.4—Access Through an Easement
• CLTA 103.7 —Access
• CLTA 110.1 — Deletion of Item from Policy
• CLTA 116 — Location
• CLTA 116.1 — Survey
• CLTA 116.4 — Contiguity
• CLTA 116.7—Subdivision
• CLTA 123.3 — Zoning
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The Consultant shall coordinate with the title insurer to determine availability and underwriting requirements
for each endorsement and obtain all supporting documentation (e.g., surveys, legal descriptions, maps)
necessary to satisfy underwriting conditions.
B. Compliance with Purchase Agreement Conditions
The Consultant shall review, track, and ensure satisfaction of all conditions precedent and conditions
subsequent set forth in the Purchase Agreement prior to the closing of escrow, including obtaining any
required approvals, consents, releases, and deliverables from all parties.
C. Drafting and Administration of Escrow Instructions
The Consultant shall provide Escrow Instructions for execution by the City and the grantor(s), which shall be
subject to review and approval by the City. The Consultant shall ensure that all legal requirements are
satisfied prior to escrow closing, including statutory notices, acknowledgments, certifications, and any City -
specific compliance obligations.
D. Comprehensive Escrow Services
The Consultant shall provide full -service escrow administration to the City and property owners involved in
the transactions, including timeline management, status reporting, and proactive issue resolution to
facilitate an efficient and timely closing.
E. Conveyance and Lien -Related Documentation
The Consultant shall obtain all necessary conveyance documents and demand and release of
Lien/encumbrance documents, and shall submit all such documents to the City for review and approval
prior to close of escrow. The Consultant shall obtain payoff demands, verify lien satisfactions, and
coordinate the clearance of encumbrances in accordance with escrow instructions.
F. Recording
The Consultant shall record grant deeds, certificates of acceptance, memoranda of agreements, and
any related documents required for the transfer of each property in the office of the Orange County
Recorder. The Consultant shall ensure recordability and compliance with recording standards (formatting,
statutory language, signature/acknowledgment requirements, and applicable taxes/fees).
G. Distribution of Documents
Following execution and closing, the Consultant shall distribute originals and/or copies of executed and
closing documents to the City and all parties, consistent with escrow instructions and retention
requirements.
H. Disbursements
The Consultant shall disburse funds to the party or parties entitled thereto in connection with each closing,
consistent with escrow instructions, settlement statements, and applicable laws and regulations.
I. Settlement Statements
The Consultant shall prepare closing settlement statements that accurately reflect pro -rations (e.g.,
7
EXF>EWIBT,TB
taxes, assessments, rents) and funds disbursed through escrow for each property transfer transaction.
Draft statements shall be provided to the City for review prior to closing.
J. Multilingual Services
The Consultant shall provide multilingual services as needed to ensure clear communication and efficient
closing of escrow, including translation and interpretation support for parties to the transaction.
Coordination, Reporting, and Administrative Support
The Consultant shall provide comprehensive coordination and administrative support services to ensure
timely and efficient execution of all tasks under this agreement. These services shall include, but are not
Limited to, the following:
A. Coordination with Other Consultants
The Consultant shall meet and coordinate work with other right-of-way consultants as directed by the City to
maintain alignment of schedules, deliverables, and compliance requirements.
B. Additional Services
The Consultant shall provide additional services related to title, escrow, and other related tasks as specified
in this Scope, at hourly rates. The scope of such additional services shall be agreed upon in writing between
the City and the Consultant prior to commencement.
C. Status Reporting
The Consultant shall, at no additional cost to the City, provide regular status reports detailing progress on
requested services. Reports shall be provided upon request.
D. Secure Document Access
The Consultant shall, at no additional cost to the City, provide the City and its designated consultants with
password -protected access to a dedicated project website maintained by the Consultant. This website
shall serve as a centralized repository for all City -ordered reports and related documents.
• All documents shall be posted no later than the agreed -upon due date indicated in the work
authorization.
• Website access shall remain available to the City throughout the term of the agreement and for a
minimum of three (3) months following expiration, ensuring that all ordered documents and
reports remain accessible.
0
EXFJWIET,TR
AGREEMENT STATEMENT
EXRWIETI-4
AGREEMENT STATEMENT
1. FEMA flood zone designations are outside the scope of this request and will not be provided by
our team.
10
EXFJWIET,TR
FIRM AND TEAM EXPERIENCE
11
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FIRM AND TEAM EXPERIENCE
EXPERIENCE & QUALIFICATIONS: Real estate transactions involving government ownership
require specialized legal knowledge and processes. We have the experience and expertise to ensure
regulatory and legal compliance in all government real estate transactions. Chicago Title is currently working
with many public agencies which indicates that we have the project and management skills to deliver the
required projects on time and within budget.
Chicago Title will provide a variety of title and escrow services and provide support and consultation to the
City of Santa Ana with title and escrow services.
Chicago Title has served the real estate community for over 175 years, with a history dating back to 1847. We
are part of Fidelity National Financial, Inc. (FNF), the largest title insurance group in the world. Our one -stop
shop of residential, commercial and development experts keep your transaction project streamlined.
We provide a team of the most qualified, experienced, and reputable professionals in the industry. We
underwrite our policies providing greater efficiency and the ability to meet your needs. We provide title
services for developed and underdeveloped parcels, privately owned parcels, parcels owned by other
government entities, utility companies and/or railroad companies.
Chicago Title Company is a California corporation, and our tax ID number is 36-3341513 and California
Corporate License # C1180444.
The team members assigned to your transactions are:
Cheryl Yanez — Project Manager, Sr. Vice President, National Account Executive
Numbers of years in the industry: 45
Chicago Title — (213) 488-4315
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Cheryl Yanez is a Senior Vice President for Chicago Title Insurance Company responsible for business
development including growing and maintaining client relations. She specializes in working with real estate
attorneys, developers, investors, public agencies, lenders, and brokers involving single and multi -site
transactions located throughout the country.
Since July 1979, Cheryl has been with Chicago Title where she has gained an extensive knowledge working in
Escrow and in the National Title Division prior to joining the sales force in 1988. She has successfully closed
transactions totaling over $3 billion dollars annually with her hard work ethic and dedication to excellence.
Cheryl feels "superior service" is a great responsibility to her clients and strives to make sure that she
provides the highest customer satisfaction possible. Her unique style of sales and the loyalty of her clients
have consistently ranked her in Chicago Title's Million Dollar Club as a top producer in the nation.
Joe Goodman — Sr. Vice President and Regional Operations Manager, Commercial/Industrial Division —
Numbers of years in the industry: 46 Years
Chicago Title — (213) 612-4183
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Joe Goodman currently serves as Senior Vice President and Regional Manager for Chicago Title Company,
where he oversees the company's Major Accounts in Southern California. These Major Accounts are
comprised of the Commercial, Builder Services, Timeshare, and Energy divisions.
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Joe started his career in the title business right out of high school in 1975, sorting tax bills with Title Insurance
and Trust Company. After working his way upward, he was employed by SAFECO Title Company in 1987,
which was later acquired by Chicago Title. Joe began his role in management in 1993 and assumed his
current responsibilities in 1996.
A true, personable leader —Joe is the recipient of the FNF Top Performer Award for 10 years running. He takes
pride in offering unparalleled customer service and support while helping clients facilitate their complex real
estate transactions. Joe and his team consistently deliver quality and resourcefulness to customer
transactions while maintaining the utmost professionalism.
Lance Capel - Senior Vice President and NCS Manager
Numbers of years in the industry: 31 Years
Chicago Title - (714) 814-8458
4199 Birch Street, Newport Beach, CA 92660
Lance Capel serves as Senior Vice President of Operations and Sales for Chicago Title Company's major
accounts divisions in Southern California. These Major Accounts are comprised of the Commercial,
Builder Services, Time Share and Energy divisions.
Lance joined Chicago Title Company in this role in July 2014, with his primary role being to enhance revenue
generation for Chicago Title and the FNF Family of Companies. With over 30 years in the Title industry, he
enjoys the blend of dealing with Real Estate Law, Lending, Development, Escrow, and all aspects of real
estate transactions.
A positive, yet persistent leader - Lance interfaces with the operations needed to help with the overall client
experience. Chicago Title has a rich tradition as being the Industry Standard for handling commercial
transactions.
George Saoud -Vice President and State Counsel
Number of years in the industry: 14
Chicago Title - (213) 443-0248
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
George Saoud currently serves as the state underwriter and counsel to answer real estate related inquiries of
key personnel from numerous California branch offices in Northern and Southern California. George is also
appointed as primary counsel for Los Angeles County and as the designated state underwriter for the
Territory of Guam. His responsibilities include valuation of risks in issuing title insurance policies on real
estate transactions involving bankruptcies, probates, divorce actions, creditors' rights and mechanic's liens.
In addition, he regularly interacts with attorneys, real estate brokers, lenders and their clients, and the public
on general inquiries as well as giving presentations on various real estate and title related topics.
Mr. Saoud completed both his undergraduate and law degrees from Stetson University in Florida.
Joan Hawkins -Vice President, National Commercial Escrow Officer
Numbers of years in the industry: 28 Years
Chicago Title - (213) 612-4161
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Joan Hawkins serves as AVP, Senior Commercial Escrow Officer in the National Commercial Services
Division at Chicago Title. Having worked in the title industry for over 28 years, loan has handled commercial
escrows since 2001 with refined planning and organizational skills that balance work, team support and
responsibilities in a timely and professional manner.
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"I take pride in resolving complex escrow transactions in a methodical manner with my business partners to
find appropriate resolutions while maintaining a high level of quality and efficiency." She thrives under the
intensity and demands of the title industry while prioritizing clear communication and quality client services.
Ted Tan —Assistant Vice President, Commercial Title Officer
Numbers of years in the industry: 23 Years
Chicago Title — (213) 488-4317
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
With over 23 years of experience in the title industry, Ted has consistently delivered exceptional client
support throughout every stage of the title process. Beginning his career in 1031 Exchange, Ted quickly
advanced to become a Commercial Title Officer. Known for his honesty, reliability, and excellent
communication skills, Ted is highly regarded by his clients. His extensive knowledge and dedication make
him the ideal professional to manage your next transaction seamlessly.
Leticia Sianez— Assistant Vice President, Executive Sales Coordinator
Numbers of years in the industry: 28 Years
Chicago Title — (213) 488-4311
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Leticia has been a dedicated professional in the title industry since 1995, bringing nearly three decades of
expertise and commitment to several roles. Leticia's journey has been marked by significant contributions
and growth in both escrow services and national commercial coordination.
Leticia has been a dedicated professional in the title industry since 1995 which includes ten years in Escrow
and over fifteen years as a National Commercial Coordinator. Since then, Leticia has transitioned to the role
of Executive Sales Coordinator, where she continuously improves processes to enhance efficiency and client
satisfaction.
She's overseen national commercial transactions, coordinating complex deals across multiple states. Prior
rolls involved collaborating with attorneys, underwriters, and real estate professionals, managing large-scale
projects, and continuously improving processes for enhanced efficiency and client satisfaction.
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Relevant Projects Completed Within the Past Five Years
1. City of Los Angeles — 710 E. 111th Place
Escrow No.: 160481-1 H
Transaction Type: Sale
Property Value: $160,000,000
Closing Date: January 30, 2025
Description: Managed full title review and escrow coordination for a major municipal property transaction.
Ensured compliance with city and state regulations, resolved title issues, and facilitated timely closing.
2. City of Los Angeles — Gold Line Project
Escrow No.: 209139-JH
Transaction Type: Sale
Property Value: $20,000,000
Closing Date: June 30, 2025
Description: Provided escrow services for transit -related property acquisition. Coordinated with multiple
parties to meet strict timelines and regulatory requirements.
3. CRA/LA— Martin Luther King Jr. Blvd & Marlton Ave Parcels
Escrow No.: 158143-JH
Transaction Type: Sale
Property Value: $6,000,000
Closing Date: June 11, 2025
Description: Facilitated title clearance and escrow for multiple parcels in a redevelopment project.
Delivered accurate reporting and ensured smooth disbursement of funds.
4. METRO — 3335 Santa Anita Ave
Escrow No.: 2400272A-JH
Transaction Type: Sale
Property Value: $17,900,000
Closing Date: November 30, 2025
Description: Managed escrow and title services for a transportation -related property transaction.
Maintained transparency and compliance throughout the process.
5. County of San Diego — Highway 78
Escrow No.: Mashall Unit
Transaction Type: Sale
Property Value: $5,115,000
Closing Date: May 15, 2025
Description: Oversaw escrow and title resolution for a county property sale. Ensured timely closing and
adherence to local regulations.
Ability to Meet City Requirements
Our experience demonstrates:
• Expertise in Complex Transactions: Successfully managed high -value and multi -parcel property
deals for public agencies.
• Regulatory Compliance: Comprehensive understanding of municipal and state requirements for
title and escrow processes.
• Risk Mitigation: Proactive resolution of title issues to prevent delays and protect public interests.
• Clear Communication: Provided detailed reporting and consistent updates throughout each
transaction.
• Timely Execution: All projects were completed on schedule, ensuring smooth property transfers.
15
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Our leadership team has extensive experience managing high -priority municipal projects and is equipped to
respond swiftly to any service -related issues.
We will utilize a centralized communication platform for real-time updates and issue resolution.
Cheryl Yanez, Project Manager: 75% dedicated
Leticia Sianez, Commercial Accounts Coordinator: 75% dedicated
Sr. Commercial Title Officers: 60% dedicated
National Commercial Title Officer: 60% dedicated
This structure ensures that your project receives the attention and responsiveness it deserves.
Our management team is fully committed to the success of the City of Santa Ana and is prepared to respond
immediately to any issues related to the proposed services. We have established clear escalation protocols
and direct lines of communication to ensure timely resolution of concerns.
16
EXFJWIET,TR
PROPOSED WORK PLAN/UNDERSTANDING OF NEED
17
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PROPOSED WORK PLAN AND UNDERSTANDING OF NEED
Understanding of Scope
We understand that the City of Santa Ana requires a reliable partner to provide comprehensive title and
escrow services for property transactions involving public projects. These services must ensure accuracy,
compliance with municipal and state regulations, and timely execution to avoid delays in project schedules.
Our role is to act as a neutral facilitator, safeguarding funds, verifying title integrity, and delivering clear
documentation throughout the transaction process.
Anticipated Approach
Our approach is structured to provide efficiency, transparency, and compliance at every stage:
1. Opening Escrow
o Establish escrow upon receipt of purchase agreement and confirm receipt of initial funds.
o Review purchase agreement and transaction terms.
2. Title Examination
o Order and review title searches to identify liens, encumbrances, or ownership issues.
o Assist in resolving title defects promptly to ensure clear conveyance.
3. Document Coordination
o Collect and verify all required documents, including deeds, loan instructions, and municipal
compliance forms.
o Maintain accurate records and provide updates to the City.
4. Funding and Disbursement
o Secure seller, buyer and lender funds.
o Disburse proceeds according to instructions and payoff any obligations (taxes, liens, fees).
5. Closing and Recording
o Facilitate signing and notarization of documents.
o Record title documents with the appropriate county office.
o Deliver final closing statements and documentation.
Special Considerations
• Regulatory Compliance: We prioritize adherence to all municipal and state requirements to avoid
legal or financial exposure.
• Risk Mitigation: Proactive resolution of title issues ensures transactions close on time.
• Clear Communication: We provide timely updates and detailed reporting to maintain transparency
throughout the process.
Deliverables and Implementation Plan
• Title report and clearance documentation.
• Escrow instructions and closing statements.
• Recorded deeds/documents and final statements/closing package.
Implementation Plan and Timeline:
• Day 1-5: Open escrow, review agreement, initiate title search (title report may vary based on
complexity of search)
• Day 6-20: Resolve title issues, collect documents, prepare closing package.
• Day 21-30: Secure funds, finalize disbursements, complete closing and recording. (Timeline may
vary based on transaction complexity.)
18
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PROJECT CONTROLS
19
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Project Controls
Cost Control and Budget Management
Chicago Title employs internal controls to ensure accurate cost management and timely invoicing. Each
transaction is tracked through a secure, centralized system that provides real-time visibility into costs and
estimate time frames. Our Title Units and accounting teams work collaborativelyto review and approve all
charges before invoicing, ensuring accuracy. We also provide detailed itemized quotes to clients before
opening orders, enabling transparency with every transaction.
Schedule Monitoring and Timely Completion
We utilize structured workflow systems and milestone tracking to monitor schedules and review times. Our
team sets clear timelines at the outset of each project and conducts regular progress checks to ensure
deadlines are met.
Techniques for On -Time Delivery
Our approach combines technology -driven tools with experienced personnel oversight. By leveraging digital
platforms for document management and communication, we streamline approvals. This ensures that all
preliminary title reports are completed within proposed time frames without compromising quality.
Quality Assurance / Quality Control (QA/QC)
Our QA/QC process helps with accuracy, compliance, and timely delivery. Every title report undergoes a
multi -tier review before finalization. We maintain standardized checklists and verification protocols to
eliminate errors and ensure adherence to regulatory requirements.
By combining internal controls, advanced technology, and highly skilled professionals, we deliver superior
quality work on schedule and within budget.
APPROACH TO PROJECT MANAGEMENT
Our project management philosophy focuses on precision, transparency, and collaboration to support
complex commercial real estate transactions. At Chicago Title, we begin by defining scope, milestones, and
responsibilities to ensure clarity from the outset. Leveraging our deep expertise in title and escrow processes
for commercial properties, we proactively manage risk, maintain regulatory compliance, and safeguard
transaction integrity. Through consistent communication, rigorous quality control, and advanced technology
tools, we deliver efficient, adaptable solutions that meet client objectives and exceed expectations.
Chicago Title — National Commercial Services (California) currently manages a portfolio of title and escrow
projects, including complex commercial real estate transactions, while maintaining capacity for new
engagements. We are fully prepared to deliver exceptional service through strategic resource allocation and
proactive planning.
Key Highlights:
• Dedicated Project Teams: Experienced title and escrow professionals assigned specifically to this
engagement for uninterrupted focus.
20
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• Workload Forecasting: Active monitoring of current and projected commitments to maintain
capacity for commercial real estate and escrow services.
• Scalable Staffing: Ability to adjust personnel and resources to meet milestones without
compromising accuracy or compliance.
• Contingency Planning: Backup personnel and alternative workflows in place to address unexpected
delays or changes, ensuring continuity.
• Proven Track Record: Extensive experience managing multi -party commercial transactions and
escrow processes with successful outcomes.
This approach ensures timely delivery, regulatory compliance, and exceptional service throughout the project
lifecycle.
21
EXIJWIETi,R
CARB FLEET COMPLIANCE
22
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Attachment G
CARB Fleet Compliance
This requirement does not apply to our firm as we do not own or operate a fleet of company
vehicles or equipment. Therefore, we do not have a Certificate of Reported Compliance
(CRC) to submit. Additionally, no subcontractors with fleets will be engaged for this project.
23
EXFJWIET,TR
CERTIFICATIONS (ATTACHMENTS)
24
(9)
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
EXFJWIETI-4
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specifies! herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER'S STATEMENT. I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
Chicago Title 213-488-4311
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
601 S. Figueroa Street, Ste. 2100, Los Angeles, CA 90017
BUSINESS ADDRESS
Cheryl Yanez Sr. Vice President
PRINTED 14ANW OF AUTHORIZ9.D-AGENT TITLE
CheryI.Yanez@ctt.com
36-3341513
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IP AN AWARD IS MADE TO PROPOSER. )
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
25
EXIJWITI,-4
CITY OF SANTA ANA
ATTACHMENT B
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm Chicago Title
Signed and Printed Nam ��-
Title Sr. Vice Pre dent
Date r
Cheryl Yanez
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
26
EXFAW,IETI-4
CITY OF SANTA ANA
ATTACHMENT C
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a fal5e-c,,ertifiSgt4a-may subject the certifier to criminal prosecution.
Sig
State of CA , County of Los Angeles
Subscribed and sworn to (or affirmed) before me on this day of�toe
20�, by
Cheryl Yanez proved to me on the basis of satisfactory idene person(s)
who appeared before me.
*my
L. BRIONES-SIANEZ
Notary Public - California
Los Angeles CountyCommission # 2391948 Comm. Expires Jan 27, 2026
AryPu
ignature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
27
f EXIJWIETi,4
CITY OF SANTA ANA
ATTACHMENT ❑
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that.
(1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not mare than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the langua of this certification be included in all lower tier subcontracts, which exceed
$100,000 and su h sAr i ien�shall certify and disclose accordingly.
Signed:
Title: Sr. Vice
Firm: Chica o T le
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
m
EXIJWIETI R
;..�r CITY OF SANTA ANA
ATTACHMENT E
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her gooks, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7, The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
29
(9)
CITY OF SANTA ANA
EXFJWIETI-4
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1424, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Sr. Vice President
Firm: Chica a Title
Date: 11 -7 LZ
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
30
�r
CITY OF SANTA ANA
EXFJWIET,TR
ATTACHMENT F
SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth
below the name and location of each subcontractor who will perform work or labor or render service to the bidder
in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of
work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section
4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform
the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor wilf perform), bidder
must perform that portion itself or be subjected to penalty under applicable law -
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those
subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an
amount in excess of one half of one percent t0.5%j of bidder's total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of
work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be fisted. If further
space is required for the list of proposed subcontractors, additional sheets showing the required information, as
indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned
related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion
of work according to detailed drawings contained in the plans and specifications in the amount greater than one
half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed -
Subcontractor Name:
n/a
Location:
Portion of Work/Trade:
Bid Amount
Contractor's License Number
DIR Registration No.
Subcontractor Name.
Location:
Bid Amount:
Portion of Work/Trade:
Contractor's License No:
❑iR Registration No:
Xf Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
31
EXIJWIET,TR
CITY OF SANTA ANA
ATTACHMENT G
CARE FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and
regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9,
effective on January 1, 2024 (the "Regulation"), Bidder hereby certifies, subject to penalty for perjury, that the option
checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
u The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported
Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject
vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the
Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling
methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure
renewable diesel (i.e. third -party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this
Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shalt only operate the
exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained,
pursuant to section 2449(i)(4).
�61 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached
hereto.
Chicago Title
Cheryl Yanez
Print Name
Sr. Vice President
Title
11iIOL'B9117
THIS FORM MIDST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
32
EXFJWIET,TR
REFERENCES
33
EXRWIETI-4
REFERENCES
Los Angeles Unified School District
Antonio Pina
Facilities Contracts- Professional Services and Goods
Email: antonio.pina@lausd.net
Phone:213-241-6900
333 S. Bea udryAve. 22"d Floor
Los Angeles, CA 90017
Contract No. 1990006.04/4400007202
Term: March 1, 2024 through February 28, 2027
As needed basis, furnish Preliminary Title Reports including underlying documents, Litigation
Guaranties for potential right of way parcels, policies of title insurance, record documents, record
maps.
Department of Transportation, Caltrans District 8
Raushanah Bow
Associate Gov Program Analyst
Email: Raushanah.Bow@dot.ca.gov
Phone:909-381-2924
464 W. 4th Street., San Bernardino, CA 92401
Contract No. 08A3800
Term: March 1, 2025 through February 29,2028
Multiple -Provider: furnish Preliminary Title Reports including underline documents, Litigation
Guaranties for potential right of way parcels, policies of title insurance, record documents, record
maps. Escrow Services for San Bernardino County properties.
Department of Transportation, Caltrans District 12
Lilli Peterson
Associate Right of Way Agent
Email: Lilli.Peterson@dot.ca.gov
Phone: 424-413-1108
1750 E. 4th Street, Suite 100 Santa Ana, CA 92705
Contract No. 12A2235
Term: September 12, 2025 through September 11, 2030
Multiple -Provider: furnish Preliminary Title Reports including underline documents, Litigation
Guaranties for potential right of way parcels, policies of title insurance, record documents, record
maps. Real Estate Title and Escrow Services.
Additional References on Next Page
34
EXRWIETI-4
County of Orange CEO and Orange County Public Works
Gina Kim
Assistant Admin and Finance Manager
Email: gina.kim@ceo.oc.gov
Phone: 714-385-5522
400 W. Civic Center Dr., 5th Floor, Santa Ana, CA 92701
Contract No. MA-080-22010683
Term: November 1, 2021 through October31, 2026
Multiple -Provider: Real Estate Title and Escrow Services. Furnish Preliminary Title Reports including
underline documents, Litigation Guaranties for potential right of way parcels, policies of title
insurance, record documents, record maps.
Los Angeles Department of Water and Power
Jose Ramirez
Contract Administrator
Email: JoseL.Ramirez@ladwp.com
Phone: 213-367-0797
111 North Hope Street, Room L43
Los Angeles, CA 90012
Phone: 213-202-0588
RFP# 90633/47678, Complete Title Services
Term: March 3, 2021 through March 3, 2026
Multiple -Provider: Real Estate Title and Escrow Services. To furnish complete title services on an
as- needed basis for the potential real property purchased related to Segment A and Haskell
Switching Station of the Barren Ridge- Castaic Transmission project and other ongoing or future
real property projects within the contract period. Both of these locations are in Kern and Los
Angeles Counties.
35
EXHIBIT C
EX1JW,L,TC
"SEALED PROPOSAL FOR
ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO.25-145
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL:'
FEE PROPOSAL
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
EXIJWLTI-C
CONTRACTOR PRICING
A. Title Services Fees: Fees are based on filed rates with the California Dept of Insurance and the
liability amount of a transaction for the issuance of title insurance policies. Quotes for prelims will be
provided based on the complexity of the search and are site specific if no title insurance is requested.
$100.00
Program Manager/Sr. Title Officer
Principal/Title Officer
$100.00
Appraiser/Title Assistant
$50.00
Analyst /Title examiner
$100.00
Engineer/Data Control Analyst
$50.00
Consultant/Project Administrator
$50.00
B. Other related Title Fees:
Preliminary Title Report based on Lot & Tract legal Commercial $1,000.00
descriptions
a) Residential $750.00
Update Report 1 $100.00
Upon contract expiration, the fees for an updated report will be $100. 00 or the cost of the search and examination,
whichever is higher. Additionally, title reports older than two years will require a new title report.
*Cal ifnia land Tide Association
EXFJWLi,-C
CHICAGO
RANCE--
COMPANY
TITLE INSURANCE RATES AND
CHARGES FOR THE STATE OF
CALIFORNIA
F,
EFFECTIVE: February 3, 2025
(Unless otherwise noted herein)
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
Part 1
Residential Property 1-4 Family Unit Residential Properties including
individual Vacant Lots which will be used for 1-4 Residential Purposes
Title Insurance
This part contains pricing for owner's fee and lesser estates, lenders, and leasehold
interests.
Includes pricing for title services for all 1-4 family property except that which qualifies
under any other "Part" within this Schedule of Fees and Charges. Commercial Short
Term Rate is not applicable.
18
State of California
Effective: July 27, 2016
EXIJWILi,-C
CHICAGO TITLE INSURANCE COMPANY
Residential Property 1-4 Family Unit Residential Properties including Individual
Vacant Lots which will be used for 1-4 Residential Purposes
Insurance Rate Table "R"
!without escrow sprvir:psl
Amount of
Insurance
Residential
Owners
Rate
Lender's
Concurrent
Rate
Amount of
Insurance
Residential
Owners
Rate
Lender's
Concurrent
Rate
Up to and including
$3p 000
$609
$463
$550,001-560,000
$1,666
$1,059
$30 001-40,000
$609
$463
$560,001-570,000
$1,682
$1 070
$40,001-60 000
$609
$463
$570,001-680,000
$1 699
$1 080
$50 001-60,000
$609
$463
$580 001-590,000
$1 716
$1,091
$60 001-70,000
$609
$463
$590 001-600 000
$1 733
$1,101
$70 001-80,000
$648
$475
$600,001-610 000
$1,745
$1,112
$80 001-90,000
$685
$486
$610,001-620 000
$1,761
$1,122
$90,001-100,000
$729
$498
$620,001-630 000
$1,778
$1,133
$100,001-110,000
$753
$508
$630,001-640 000
$1,794
$1,143
$110,001-120,000
$777
$519
$640,001-650,000
$1,811
$1 154
$120,001-130,000
$802
$529
$650.001-660,000
$1,828
$1 164
$130,001-140,000
$826
$540
$660,001-670,000
$1,845
$1,175
$140 001-150,000
$851
$550
1 $670,001-680,000
$1 861
$1,185
$150,001-160,000
$875
$561
$680,001-690,000
$1,877
$1,196
$160,001-170 000
$899
$571
$690,001-70000D
$1,894
$1,206
$170,001-180,000
$924
$581
$700,001-710,000
$1,907
$1,217
$180,001-190 000
$947
$592
$710,001-720 000
$1 924
$1,227
$190,001-200 000
$982
$603
$720,001-730 000
$1,939
$1,238
$200,001-210000
$998
$613
$730,001-740000
$1,956
$1,248
$210001-220,000
$1022
$624
$740,001-750,000
$1,973
$1,259
$220,001-230,000
$1 045
$634
$750001-760,000
$1,990
$1 269
$230,001-240,000
$1,069
$645
$760,001-770,000
$2,007
$1,280
$240001-250,000
$1,092
$657
$770 001-780,000
$2 023
$1,290
$250,001-260 000
$1,115
$669
$780,001-790 000
$2,039
$1,301
$260,001-270,000
$1,139
$680
$790,001-800,000
$2,056
$1,311
$270,001-280 000
$1,162
$693
$800,001-810,000
$2,083
$1,322
$280,001-290,000
$1,187
$705
$810,001-820,000
$2,100
2
$290001-300,000
$1 210
$716
$820,001-830,000
$2,116
3
R1,3531
$300,001-310,000
$1,211
$730
$830001-840,000
$2134
$310,001-320,000
$1,229
$744 1
$840001-850000
$2,149
$1,364
$320001-330,000
$1246
$758 1
$850001-860,000
$2165
$1371
$330 001-340,000
$1 264
$773
$860 001-870,000
$2 181
$1,379
$340 001-350,000
$1 282
$786
$870,001-880 000
$2,197
$1,386
$350,001-360000
$1,300
$800
$880,001-890 OD0
$2,213
$1,393
$360,001-370 000
$1,318
$815
$890,001-900,000
$2,229
$1,401
$370,001-380 000
$1,337
$828
$900,001-910 000
$2,249
$1,408
$380,001-390,000
$1,355
$842
$910,001-920,000
$2,265
$1,415
$390,001-400 000
$1,372
$856
$920,001-930,000
$2,281
$1,423
$400,001-410 000
$1,411
$870
$930,001-940,000
$2,296
$1 430
$410,001-420,000
$1,428
$885
$940,001-950,000
$2,313
$1,437
$420,001-430,000
$1,446
$899
$950 001-960,000
$2,329
$1,448
$430,001-440,000
$1,464
$912
$960,001-970,000
$2,345
$1,452
$440,001-450,000
$1,482
$927
$970,001-980 000
$2,360
$1,460
$450,001-460,000
$1 499
$941
$980,001-990,000
$2,376
$1 467
$460 001-470,000
$1,517
$954
$990 001-1,000 000
$2,393
$1,474
$470,001-480,000
$1,535
$969
$1,000,001-1,010,000
$2,406
$1,479
$480,001-490 000
$1,553
$983
$1,010,001-1,020,000
$2,418
$1,485
$490,001-500.000
$1,671
$996
$1,020,001-1,030,000
$2,431
$1490
$500,001-510 000
$1,582
$1 007
$1,030,001-1 040,000
$2,443
$1,495
$510.001-524 000 1
$1 599
$1 017
$1,040,001-1,050,000
$2,456
$1,500
$520 001-530,000 1
$1 616
$1,028
$1,050 001-1 p06O,000
$2,469
$1 506
$530 001-540,000 1
$1 633
$1,038
$1,060 001-1,070 000
$2 481
$1,511
$540,001-550,000
$1,650
$1,049
19
State of California
Effective: January 1, 2023
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
Amount of
Insurance
Residential
Owners
Rate
Lender's
Concurrent
Rate
Amount of
Insurance
Residential
Owners
Rate
Lender's
Concurrent
Rate
$1070,001-1,080,000
$2,494
$1,516
$1600,001-1,610,000
$3,130
$1783
$1 080 001-1 090,000
$2 506
$1 521
$1 610 D01-1,620 000
$3131
$1,787
$1 090 001-1 100,000
$2.519
$1,527
$1 620,001-1 630,000
$3,143
$1.791
$1 p 100,001-1 110,000
$2,532
$1 532
$1 630,001-1 640,000
$3,154
$1,796
-$1-110r001=1120ODO--$2;544
-$1537
-$1640;001=1650;000--$3;167
-$1;800
$1 120 001-1 130,000
$2 557
$1 542
$1,660 001-1 660,000
3,178
$1,804
$1 130 001-1,140 000
$2 569
$1 548
$1,660 001-1,670 000
$3,190
$1,808
$1 140,001-1,150 000
$2,582
$1,553
$1,670 001-1,680,000
$3,203
$1,812
$1,150,001-1,160000
$2,595
$1,558
$1,680001-1.690000
$3,214
$1817
$1,160,001-1170,000
$2,607
$1,663
$1690,001-1,700,000
$3,226
$1821
$1170001-1,180,000
$2620
$1569
$1700,001-1710,000
$3,231
$1,825
$1.180,001-1,190,000
$2,632
$1,574
$1,710 001-1,720,000
$3,243
$1,829
$1,190,001-1 200,000
$2,645
$1,579
$1,720,001-1,730 000
$3,254
$1 833
$1,200 001-1 210,000
$2,658
$1,584
$1,730,001-1,740 000
$3,267
$1 838
$1 210,001-1,220,000
$2 670
$1 590
$1,740,001-1,750,000
$3 279
$1 842
$1,220,001-1,230,000
$2,683
$1,595
$1,750,001-1,760,000
$3,291
$1,846
$1230,001-1,240,000
$2,695
$1.600
$1,760001-1,770,000
$3,302
$1,850
$1 240 001-1,250,000
$2 708
$1.605
$1 770,001-1,78p 000
$3,314
$1,854
$1,250,001-1,260,000
$2,721
$1611
$1780,001-1790,000
$3325
$1859
$1 260 001-1 270,000
$2 733
$1 616
$1,790 001-1 800 000
$3,337
$1,863
$1 270 001-1,280,000
$2 746
$1 621
$1 800,001-1 810 000
$3 364
$1 867
$1 280,001-1,290 000
$2 758
$1 626
$1 810,001-1 820,000
$3 365
$1 871
$1,290,001-1,300 000
$2,771
$1,632
$1 820 001-1,830,000
$3 377
$1 875
$1,300,001-1,310 000
$2,784
$1 637
$1,830 001-1,840,000
$3,388
$1.880
$1,310,001-1 320 OOD
$2,796
$1,642
$1,840 001-1,850,OOp
$3,400
$1,884
$1,320,001-1330,000
$2,809
$1,647
$1,850001-1,860000
$3,411
$1,888
$1330,001-1,340,000
$2821
$1,653
$1860,001-1870,000
$3424
$1.892
$1,340,001-1,350,OOO
$2,834
$1658
$1,870,001-1880,000
$3,436
$1,896
$1,350,001-1,360,000
$2,847
$1,663
$1,880,001-1890,000
$3,447
$1,901
$1,360,001-1,370000
$2,859
$1,668
$1,890,001-1,900,000
$3,459
$1,905
$1,370,001-1,380000
$2,872
$1,674
$1,900,001-1,910,000
$3,474
1$1,909
$1,380,001-1,390000
$2,884
$1,679
$1,910,001-1,920,000
$3,487
$1,913
$1,390,001-1,400 000
$2,897
$1,684
$1,920,001-1,930,000
$3,499
$1,917
$1,400,001-1,410,000
$2,910
$1,689 1
$1,930,001-1,940,000
$3,510
$1,922
$1,410,001-1,420 000
$2,922
$1,695
$1,940,001-1,950,000
$3,522
$1,926
$1,420,001-1,430 000
$2,935
$1,700
$1,950,001-1,960,000
$3,533
$1,930
$1 430 001-1,440,000
$2 947
$1 705
$1 960,001-1 97D 000
$3 545
$1 934
$1 440 001-1,454,00D
$2 960
$1 710
$1 970,001-1 980,000
$3 557
$1,938
$1,450,001-1,460000
$2,973
$1,716
$1,980001-1,990,000
$3,569
$1,943
$1,460,001-1 470 000
$2,985
$1,721
$1,990 001-2,000 000
$3,581
$1,947
$1,470 001-1 480 000
$2,998
$1,726
$2 000 001-2,010 000
$3 587
$1 952
$1,480 001-1,490,000
$3 010
$1 731
$2,010,001-2 020,000
$3,593
$1,957
$1,490,001-1,500,OOO
$3,023
$1,737
$2,020,001-2,030,000
$3,599
$1,962
$1,500,001-1,510 000
$3,028
$1,741
$2,030,001-2,040 OOO
$3,606
$1,968
$1,510,001-1,520,000
$3,029
$1,745
$2 040,001-2,060,000
$3 612
$1,973
$1,520,001-1,530,000
$3041
$1749
$2,050,001-2,060,000
$3,618
$1,978
$1,530,001-1,540,000
$3,053
$1,754
$2,060,001-2,070,000
$3,625
$1,983
$1,540,001-1,550000
$3,065
$1,758
$2,070001-2,080,000
$3,631
$1,989
$1,550,001-1,560 000
$3,077
$1,762
$2,080 001-2,090,000
$3,637
$1,994
$1,560001-1,570,000 1
$3 088
$1,766
$2,090,001-2 100,000
$3 644
$1,999
$1,670,001-1,580,000 1
$3,101
$1,770
$2,100,001-2,110,000
$3,650
$2,004
$1,580,001-1,590,000
$3,112
$1,775
$2,110 001-2,120,000
$3,656
$2,010
$1,590,001-1,600,000 1
$3,124
$1,779
$2,120,001-2,130,000
$3,662
$2,015
20
State of California
Effective: January 1, 2023
EXIJWL,-C
CHICAGO TITLE INSURANCE COMPANY
Amount of
Insurance
Residential
Owners
Rate
Lender's
Concurrent
Rate
Amount of
Insurance
Residential
Owners
Rate
Lender's
Concurrent
Rate
$2 130,001-2 140 000
$3 669
$2,020
$2 570,001-2 680 000
$3,946
$2,251
$2,140,001-2,150,000
$3 675
$2,025
$2 580 001-2,590 000
$3 952
$2,256
$2 150 001-2,160,000
$3.681
$2 031
$2,590 001-2,600 000
$3 959
$2 262
$2 160,001-2 170,000
$3 688
$2 036
$2 600 001-2 610,000
$3 965
$2 267
$2,17D 001-2 180,000
$3 694
$2,041
$2 610,001-2 620,000
$3,971
$2 272
$2.180,001-2,190,000
$3,700
$2,046
$2 620,001-2,630 000
$3,977
$2,277
-$2;190;401=2 200 000-
-$3,,707
-$2 052-
-$2,630 001=2,644 000
$2,283
$2,200,001-2,210,000
$3 713
$2 057
$2,640 001-2,650 000
$3,990
$2,288
$2,210,001-2,220,000
$3,719
$2,062
$2 650,001-2,660,000
$3 996
$2,293
$2,220,001-2,230 000
$3,725
$2,067
$2 660,001-2 670,000
$4 003
$2,298
$2,230,001-2,240,000
$3 732
$2 073
$2,670,001-2,680,000
$4,009
$2 304
$2,240 001-2,250,000
$3,738
$2 078
$2,680,001-2,690,000
$4,015
$2 309
$2,250,001-2,260,000
$3 744
$2,083
$2,690 001-2,700,000
$4,022
$2,314
$2,260,001-2 270 000
$3,751
$2 088
$2,700,001-2 710,000
$4,028
$2,319
$2,270,001-2,280,000
$3 757
$2 094
$2,710,001-2,720,000
$4,034
$2,325
$2 280,001-2,290,000
$3,763
$2,099
$2,720,001-2,730,000
$4 040
$2,330
$2,290,001-2,300.000
$3,770
$2,104
$2 730,001-2 740,000
$4,047
$2,335
$2 300,001-2,310 000
$3,776
$2,109
$2,740 001-2,750 000
$4 053
$2 340
$2,310,001-2 32D 000
$3,782
$2,115
$2,750,001-2,764 000
$4 059
$2 346
$2,320,001-2 330 000
$3,788
$2,120
$2 760,001-2,770 000
$4 066
$2,351
$2,330,001-2 340,000
$3,795
$2,125
$2 770,001-2 780,000
$4 072
$2,356
$2,340 001-2 350,000
$3 801
$2 130
$2 780,001-2 790,000
$4 078
$2,361
$2,350 001-2 360,000
$3,807
$2 136
$2 790,001-2 800,000
$4,085
$2,367
$2,360,001-2,370,000
$3,814
$2141
$2,800,001-2,810,000
$4,091
$2,372
$2,370 001-2,380,000
$3,820
$2 146
$2,810,001-2,820,000
$4,097
$2,377
$2,380 001-2,390,000
$3 826
$2,151
$2,820,001-2,830,000
$4,103
$2,382
$2,390,001-2,400,000
$3,833
$2,157
$2,830 001-2,840,000
$4,110
$2 388
$2,400,001-2,410 000
$3,839
$2,162
$2,840,001-2,850 000
$4,116
$2,393
$2 410,001-2,420 000
$3,845
$2,167
$2,850 001-2,860,000
$4,122
$2 398
$2,420,001-2 430,000
$3,851
$2,172
$2 860,001-2 870,000
$4,129
$2,403
$2,430,001-2,440,000
$3,856
$2 178
$2,870,001-2 880,000
$4,135
$2,409
$2 440 001-2,450,000
$3 864
$2 183
$2,880,001-2,890,000
$4,141
$2,414
$2 450,001-2,460,000
$3 870
$2,188
$2,890,001-2,900,000
$4,148
$2 419
$2,460,001-2,470,000
$3,877
$2,193
$2,900,001-2,910 000
$4,154
$2,424
$2,470 001-2,480,000
$3 883
$2 199 1
$2,910,001-2,920,000
$4,160
$2,430
$2,480 001-2,490,000
$3 889
$2 204
$2,920 001-2,930,000
$4,166
$2 435
$2 490,001-2,50D 000
$3,896
$2,209
$2,930 001-2,944 000
$4 173
$2 440
$2 500,001-2,510 000
$3,902
$2,214
$2,940 001-2,950 000
$4179
$2,445
$2,510,001-2 520 000
$3,908
$2,220
$2,950,001-2,960000
$4 185
$2,451
$2,520,001-2 530,000
$3,914
$2,225
$2 960,001-2 970,000
$4,192
$2,456
$2,530,001-2,540,000
$3 921
$2 230
$2,970,001-2,960,000
$4,198
$2,461
$2 540,001-2,550,000
$3 927
$2,235
$2,980001-2,990,000
$4,204
$2,466
$2,650,001-2 560 000
$3,933
$2,241
$2 990,001-3 000,000
$4,211
$2,472
$2,560,001-2,570,000
$3 940
$2,246
Amount of Insurance
Residential Owners
Rate
Lender's Concurrent
Rate
Over $3 000,000
Add $5.25 per $10 000
$4 211
Add $4.20 per $10,000
$2,472
19a
State of California
Effective: January 1, 2023
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
Part 2
Commerciallindustrial Property
Title Insurance
This part contains pricing for owner's fee and lesser estates, lenders, and leasehold
interests.
See Major Projects/Planned Projects for additional pricing options.
Includes pricing for title services for all property not covered under other Parts of this
manual.
33
State of California
Effective: August 22, 2018
EX1JWLTj-Q
CHICAGO TITLE INSURANCE COMPANY
PART 2
STATEWIDE INSURANCE RATE TABLE C
FOR COMM ERCIALIINDUSTRIAL TITLE INSURANCE
Without Escrow Services
Amount of Insurance
Base Rate
(Owner's)
Lender's
Concurrent Rate
Amount of Insurance
Base Rate
(Owner's)
Lender's
Concurrent
-- -- - -- --Rate---
Up to and including $30 000
$396
$285
$165,001-170,000
$870
$365
$30,001-35,000
$418
$285
$170,001-175,000
$884
$370
$35,001-40,000
$418
$285
$175 001-180,000
$899
$375
$40,001-45,000
$462
$285
$180 001-185 000
$913
$380
$45 001-50,000
$462
$285
$185,001-190,000
$928
$385
$50,001-55,000
$472
$285
$190,001-195,000
$943
$390
$55 001-60,000
$494
$285
$195.001-200,000
$967
$396
$60,001-65,000
$516
$285
$200.001-205,000
$971
$400
$65,001-70 000
$538
$285
$205 001-210,000
$986
$405
$70 001-75,000
$560
$285
$210,001-215 000
$1,000
$410
$76,001-80,000
$582
$285
$215,001-220,000
$1,014
$415
$80,001-85 000
$604
$285
$220,001-225.000
$1 029
$420
$85,001-90,000
$626
$285
$225,001-230 000
$1,043
$425
$90,001-95 000
$648
$285
$230 001-235,000
$1 057
$430
$95 001-100,000
$667
$285
$235 001-240,000
$1 071
$435
$100,001-105 000
$681
$300
$240 001-245 000
$1.086
$440
$105,001-110,000
$695
$305
$245,001-250000
$1,100
$445
$110,001-115,000
$711
$310
$250,001-255,000
$1,114
$450
$115,001-120,000
$725
$315
$255,001-260 000
$1,129
$455
$120,001-125,D00
$739
$320
$260,001-265,000
$1,143
$460
$125,001-130,000
$754
$325
$265,001-270 000
$1,157
$465
$130,001-135,000
$768
$330
$270,001-275,000
$1,172
$470
$135,001-140000
$783
$335
$275,001-280,000
$1,186
$475
$140,001-145,000
$798
$340
$280,001-285 000
$1,200
$480
$145,001-150 000
$812
$345
$285,001-290,000
$1,214
$485
$150,001-155,000
$826
$350
$290,001-295,000
$1,229
$490
$155.001-160,000 1
$840
$355 1
$295,001-300,000
$1,243
$490
$160,001-165,0001
$856
$360
For Each Additional $5,000 or
fraction thereof above $300,000
Base Rate (Owners)
Lender's
Concurrent Rate
Up to and including $500,000
Add $10.55 per $5,000
$1,665
Add $5.25 per $5,000
$700
Up to and including $850,000
Add $9.90 per $5,000
$2,358
Add $5,25 per $5,000
$1,067.50
Up to and including $1,000,000
Add $9,50 per $5,000
$2,643
Add $3.55 per $5,000
$1,174
Up to and including $1,500,000
Add $7.50 per $5,000
$3,393
Add $2.50 per $5,000
$1,424
Up to and including $2,000,000
Add $7.25 per $5,000
$4,118
Add $2.20 per $5,000
$1,644
Up to and including $2,500,000
Add $4.00 per $5,000
$4,518
Add $2.20 per $5,000
$1,864
Up to and including $3,000,000
Add $3.70 per $5,000
$4,888
Add $2.20 per $5,000
$2,084
Up to and including $4,000,000
Add $3.60 per $5,000
$5,608
Add $2.20 per $5,000
$2,524
Over $4,000,000
Add $3.70 per $5,000
Add $2.20 per $S,DOD
34
State of California
Effective: August 22, 2018
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
Part 6
Guarantees and Miscellaneous Plant Services
This part contains pricing for guarantees, plant services and miscellaneous services.
66
State of California
Effective: August 22, 2018
CHICAGO TITLE INSURANCE COMPANY EXFjWLTTC
Part 6
Guarantees
General Rules
1. The charges in this Part are applicable to Guarantees with stipulated
liabilities covering a particular estate, interest or service. Where multiple
guarantees are issued, refer to General_Rules,_Section-L.
2. The Commercial Short Term Rate is not applicable to Guarantees.
3. All of the guarantees/Plant Services number 601-624, inclusive, will have
a stated liability of $1,000, unless otherwise stated in the appropriate
section.
4. If insurance is desired in excess of the stated liability as set forth herein,
the charge for such increased liability shall be 15% of the insurance Rate
Table C, (unless stated otherwise in any section) for the amount of
insurance desired with no credit given for any "work charge" set forth in
any numbered paragraph.
601 LITIGATION GUARANTEES - CLTA GUARANTEE FORM NO. 1
100% of Insurance Rate Table R, or C, based upon the value of the particular
estate or interest involved. Minimum $500,00
NOTE: If issued for the Judicial Foreclosure of a deed of trust for which a
TSG has been or will be concurrently issued the charge is $75.00.
601A LITIGATION GUARANTEES - CONTINUATION GUARANTEE
Each continuation guarantee issued within a period of twenty-four (24) months of
the original guarantee to cover the filing of a lis pendens: $100.00.
NOTE: The provisions and charges under Section 504 and 504A are not
applicable to Trustee's Sale or foreclosure Guarantees covering
deeds of trust or mortgages.
602 PROCEEDING GUARANTEES (CERTIFICATE OF REGULARITY)
Priced under Section 621.
603 CHAIN OF TITLE GUARANTEE - CLTA GUARANTEE FORM NO.6
A guaranteed chain of title is issued only for specific purposes and limited period
of time.
67
State of California
Effective: August 22, 2018
EX1JWL TC
CHICAGO TITLE INSURANCE COMPANY
1. Except under the limited conditions as provided for in 2 below, the charge
shall be:
$250.00 Basic Charge for each chain of title plus minimum $10.00 for
each item reported.
_ NOTE: If issued in conjunction with a preliminary title report, charge
only for each item reported in addition to the charge for the
title report.
2. A limited service for the benefit of a lender only, provided such is related
to the issuance of a policy of title insurance based upon a full examination
of title, the charge shall be:
A. No additional charge where the chain of title is to cover the period
of time not to exceed six (6) months prior to the date the loan is
recorded.
B. For chain of title covering the period of time not to exceed forty-five
(45) days subsequent to the date of the issuance of the lenders
insurance: $100.00,
604 JUDGMENT LIEN GUARANTEE - CLTA GUARANTEE FORM NO. 10
Per name (husband and wife considered one name):
$250.00 minimum, plus $10.00 for each lien reported over two.
605 MECHANIC'S LIEN GUARANTEE - CLTA GUARANTEE FORM NO. 9
1. $250.00 minimum, plus $10.00 for each lien reported over two.
2. Insurance in excess of minimums:
20% of Insurance Rate Table R or C, as applicable for Owner's Insurance
10% of Insurance Rate Table R or C, as applicable for Lender's Insurance.
606 BANKRUPTCY GUARANTEE
Priced under Section 621.
68
State of California
Effective: August 22, 2018
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
607 RESTRICTION GUARANTEE
1. Minimum $125.00 per parcel lists the record owners and the holders of
any deeds of trust and mortgages for the purpose of creating, modifying or
eliminating conditions, restrictions or reservations.
2. Minimum $75.00 per parcel lists the names_ of the record _owners _only,_for
the same purposes as stated in 1, on general plan restrictions.
3. Minimum $125.00 per parcel for matters other than purposes as stated in
1 above.
608 DELETED — RESERVED FOR FUTURE USE
609 CROP AND PERSONAL PROPERTY ENCUMBRANCE GUARANTEE
Priced under Section 621.
610 DELETED— RESERVED FOR FUTURE USE
611 LOT BOOK GUARANTEE/LONG FORM - CLTA GUARANTEE FORM NO. 12
Per parcel, showing the apparent record owner, any deeds of trust or mortgage
affecting the property, if requested;
$250.00 minimum.
plus an additional charge of $10.00 per document for each document to
include any of the following:
AGREEMENT NOT TO ENCUMBER
AGREEMENT TO CONVEY
ATTACHMENTS
ASSIGNMENT OF RENTS
FINANCING STATEMENT
HOMESTEAD
NOTICE OF COMPLETION
TAX DEED
The above charges may apply on each issue. No credit for said charges may be
allowed toward a report or policy.
612 LOT BOOK GUARANTEE/SHORT FORM - RECORD OWNER - CLTA
GUARANTEE FORM NO. 12.
Per parcel showing the apparent record owner, the record description, D.T.T.,
I.R.S., and the recording reference only:
$150.00 minimum.
69
State of California
Effective: August 22, 2018
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
The above charges apply on each issue. No credit for said charges may be
allowed toward a report or policy.
613 SUBDIVISION OR CONDOMINIUM GUARANTEE - CLTA GUARANTEE FORM
NO. 14.
Guarantees for map filing are issued for the following charges:
1. Subdivision Guarantee
$200.00 minimum, plus $20.00 minimum additional charge for each
ownership, easement, rights of way or interest searched or reported. The
standard insurance amount is $1,000. Insurance in excess thereof is
available on an increased liability basis (See Guarantees, General Rule
2. Condominium Guarantee
$200.00 base charge, plus $20.00 minimum additional charge for each
ownership, easement, right of way or interest searched or reported. The
standard insurance amount is $1,000. Insurance in excess thereof is
available on an increased liability basis. (See Guarantees, General Rule
4).
614 PLANT SERVICE INFORMATION GUARANTEE - CLTA GUARANTEE FORM
NO. 17.
Priced under Section 621,
615 DELETED — RESERVED FOR FUTURE USE
616 DELETED — RESERVED FOR FUTURE USE
617 PARCEL MAP GUARANTEES
1. Parcel Map Guarantee, CLTA Form 24 (Preliminary)
Minimum $300,00 plus $50.00 for each additional parcel or chain over
one.
2. Parcel Map Guarantee, CLTA Form 23 (Final)
If Form 24 issued:
$100.00
If Form 24 not issued:
$300.00 plus $50.00 for each additional parcel or chain over one
70
State of California
Effective: August 22, 2018
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
618 BOUNDARY LINE AGREEMENT GUARANTEE
A special form of guarantee issued only to the State of California in conjunction
with the establishment of boundary line agreements with the State Lands
commission.
The charge is as follows, based upon a per parcel_ and per ownership basis:
When the Guarantee is issued in conjunction with a pending transaction
calling for the issuance of a policy of title insurance on the upland property
adjoining the land described in said guarantee, the charge shall be 50% of
Insurance Rate Table R or C, as applicable, based upon the amount of
insurance requested by the State of California. Minimum $700.00,
2. When the guarantee is issued where there is no pending transaction
calling for the issuance of a policy of title insurance on the upland property
adjoining the land described in said Guarantee, the charge, in lieu of the
charge stated in (1) above, shall be $4.00 per $1,000 based upon the
amount of insurance required by the State of California. Minimum
$700.00.
The above charges are standard fees and additional charges may be
made where an unusual amount of engineering or title work is required to
produce the guarantee.
Prior approval to underwrite and/or quote charges is required from the
Regional Counsel or his/her designate.
618A BOUNDARY LINE AGREEMENT - CONTINUOUS GUARANTEE
An additional $50.00 charge if issued within 24 months from the date of the
original Guarantee.
If requested after 24 months from the date of the original Guarantee, priced as in
Section 617.
619 DELETED -- RESERVED FOR FUTURE USE
620 RECORDERS INDEX GUARANTEE - CLTA GUARANTEE FORM NO. 21
A listing of all documents found in the grantor/grantee indices or as required by
the customer. The charge is an hourly rate. Minimum $100.00.
621 RECORDED DOCUMENT GUARANTEE - CLTA GUARANTEE FORM NO. 27
A guaranty to assist prospective lenders and owners in satisfying their CERCLA
due diligence requirements.
$500 Basic Charge plus minimum $10.00 for each item reported.
71
State of California
Effective: August 22, 2018
EXIJWLTI-C
CHICAGO TITLE INSURANCE COMPANY
No increase in liability is available.
622 MORTGAGE MODIFICATION GUARANTEE
Assures that the validity, priority and enforceability of a recorded mortgage has _
not been diminished or lost by reason of a modification or amendment.
$125.00 Flat Fee. Maximum liability is fee paid
623 MISCELLANEOUS GUARANTEES
Priced using a minimum work charge of $100.00 per hour or fraction thereof, for
search and examining time plus a minimum work charge of $20.00 per hour or
fraction thereof, for typing time. Minimum $300.00.
624 CONDITION OF TITLE REPORT GUARANTEE-CLTA GUARANTEE FORM NO.
28
Charge: $500.00 for liability of $5,000.00. No increase in liability is available.
Credit for subsequent Policy or Binder: See General Rules. Credit for preliminary
title reports and/or commitments on subsequent policies.
72
State of California
Effective: August 22, 2018
EX1jW,L,TC
CHICAGO
TITLE COMPANY
ESCROW FEES AND CHARGES FOR
THE STATE OF CALIFORNIA
rm
EFFECTIVE: July 25, 2025
(Unless Otherwise Specified Herein)
EXIJWLTI-C
Chicago Title Company
Chapter 7 Commercial Escrow Fees and Charges for any Property other than a
Single Family 1-4 Residence not otherwise addressed in other parts of this
Manual
7.0 Commercial Sale Escrow Services
Applicable to the following Zones:
a. Zone 1.A, Orange County
b. Zone 1.B, Riverside and San Bernardino Counties
c. Zone 2, Los Angeles County
d. Zone 3, Ventura County
e. Zone 6, San Luis Obispo and Santa Barbara Counties
f. Zone 10, San Diego County
g. Zone 12, Imperial County
Transaction Amount
Fee Charged
$0 to $1,000,000
$200 Base plus $3.00 per thousand,
Minimum $1,200
$1,000,001 and u
$3,200
43
State of California
Effective: January 15, 2025
EXIJWLTI-C
Chicago Title Company
Chapter 2 Residential Sale Escrow Services
2.0 Residential Sale Escrow Services
For Transactions involving the sale of Residential Property, the following rates
shall apply:
Southern California Counties
2.1 Zone 1 (Orange, Riverside and San Bernardino Counties):
1. A. Orange County, only
Sale Price
Escrow Rate
$ 0 to $1,500,000
$1,000 base plus $4 per thousand
minimum $1,100
Over $1,500,000
$7,000
1. B. Riverside and San Bernardino Counties, only
Sale Price
Escrow Rate
$ 0 to $1,500,000
$1,000 base plus $4 per thousand
minimum $1,100
Over $1,500,000
$7,000
2.2 Zone 2 (Los Angeles County):
Sale Price
Escrow Rate
$ 0 to $1,500,000
$1,000 base plus $4 per thousand
minimum $1,100
Over $1,500,000
$7,000
2.3 Zone 3 (Ventura County):
Sale Price
Escrow Rate
$ 0 to $1,500,000
$1,000 base plus $4 per thousand
minimum $1,100
Over $1,500,000
$7,000
17
State of California
Effective: January 15, 2025
EXHIBIT D
EXHIBIT 2
EXHIBIT D
Insurance Requirements
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall
require any subcontractors to obtain and maintain insurance as described below for the entire Term of
this Agreement against claims for injuries to persons or damage to property which may arise from or in
connection with services, products and materials supplied to City. Total cost of such insurance shall be
borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an
"occurrence" basis, including products and completed operations, property damage, bodily
injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and
$4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess
insurance policies.
Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto),
with limits no less than $1,000,000 combined single limits. In the event Consultant does not
maintain commercial automobile liability insurance, City will accept evidence of personal
automobile insurance, provided that such policy is endorsed for business use and provides
coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary
and umbrella/excess insurance policies.
Workers' Compensation (WC): 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, policy or
employee, for bodily injury or disease. Coverage is not required if Consultant has no employees
and signs request to waive such insurance.
4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and
$2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each
line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered
as additional insureds, under Consultant's CGL and AL policies, with respect to any liability
arising out of work or operations performed by or on behalf of the Consultant including
materials, parts, equipment, and personnel furnished in connection with such work or
operations.
Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its
City Council, its officers, officials, employees, agents, and volunteers for losses paid under the
terms of Consultant's CGL, AL, and WC policies which arise from work performed by Consultant
under this Agreement.
EXHIBIT 2
EXHIBIT D
3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any
insurance maintained by City, its City Council, its officers, officials, employees, agents, or
volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant's insurance shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the insurer's limits of liability.
S. Insurance policies required herein shall provide that coverage shall not be canceled, suspended,
voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed
except after thirty (30) days prior written notice has been given to City. Ten (10) days prior
written notice shall be provided to City for policy cancellation or non -renewal due to non-
payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Keri Buck, 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location
of project must be included in the Description of Operations section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a
current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause)
and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements
before work begins. However, failure to obtain the required documents prior to the work beginning shall
not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
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.
AGREEMENT TO PROVIDE ON -CALL REAL ESTATE
TITLE AND ESCROW SERVICES
THIS AGREEMENT is made and entered into on this 17th day of March 2026 by and between
Commonwealth Land Title Company, ("Consultant"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of California
("City").
RECITALS
A. On December 10, 2025, the City issued Request for Proposal ("RFP") No. 25-145, by which it
sought qualified consultants to provide on -call real estate title and escrow services for the City's
Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of work that was
included in RFP No. 25-145.
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. 25-145, 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 two (2)
consultants selected to provide real estate title and escrow services on an on -call basis under
RFP 25-145. The total compensation for these services provided by all such consultants
selected under RFP 25-145 shall not exceed the shared aggregate amount of $300,000 during
the term of the Agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. City and Consultant agree
that all payments due and owing under this Agreement shall be made through Automated
Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH
Page 1 of 8
Vendor Payment Authorization and provide required documentation. Upon verification of the
data provided, the City will be authorized to deposit payments directly into Consultant's
account(s) with financial institutions. 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 for a one (1) year term expiring
March 16, 2027, with the option for the City to grant up to four (4), one (1) year extension(s), exercisable
by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Consultant
shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Insurance requirements are attached hereto as Exhibit D.
7. INDEMNIFICATION
Page 2 of 8
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
Page 3 of 8
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.
11. CONFLICT OF INTEREST CLAUSE
a. 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.
b. No immediate family members of either the Mayor, City Council Member, or any appointed
City Official, including appointed board and commission members, as defined under the City's
Municipal Code, whose position with the City shall award or influence the award of this
Agreement, or any competing contract or amendment thereof, shall be employed in any
capacity by the Consultant or have any other direct or indirect financial benefit or interest in
this Agreement.
The section also prohibits the awarding of any agreement, contract, grant, or any amendment
to those awards, to any former full-time employee for one-year from date of employee
separation except for any Ca1PERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now
in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants
that it is not now aware of any facts which conflict with the prohibitions defined above. If the
Consultant hereafter becomes aware of any facts that might reasonably be expected to create a
conflict of interest, it must immediately make full written disclosure of such facts to the City.
Full written disclosure must include, but is not limited to, identification of all persons
implicated and a complete description of all relevant circumstances. Failure to comply with
the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate
in selecting or administrating any subcontract supported (in whole or in part) by City funds
stemming from the Agreement where the awarding of the subcontract has any direct or indirect
financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. 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
Page 4 of 8
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this Agreement. Consultant affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the 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.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
Page 5 of 8
constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. 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:
City Clerk
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:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
FAX: 714-647-5635
To Consultant:
Page 6 of 8
Griffin A. Wayne
Vice President
Commonwealth Land Title Company
4400 MacArthur Blvd, Suite 800
Newport Beach, CA 92660
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.
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.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: f lvij_�
Kyle ellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Digitally signed by Rodolfo Rosa,
R o d o I f o Rosa s DN: cn=Rodolfo Rosas, email=rrosas@santa-
ana.org, r—US
Date: 2026.03.02 08:15:09-08'00'
Rodolfo Rosas, P.E.
Acting Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONSULTANT:
Digitally signed by Griffin Wayne
Griffin DIN: -Griffin Wayne, -US,
-Commonwealth Land Title
Wa ne Company,
y om
Date.e: 026.02.2chic 6:5
Dale: 2026.02.27 08:46:50-08'00'
Griffin A. Wayne
Vice President
Page 8 of 8
EXHIBIT A
(2)
EXHIBIT I
SCOPE OF SERVICES
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO. 25-145
INTRODUCTION/BACKGROUND:
EXHIBIT A
The City of Santa Ana is inviting proposals from experienced and responsive consultants (Consultant)
to provide real estate title, escrow and related services for various Capital Improvement Projects and
other facilities that will be used for public use under the direction of City staff. The Consultant will be
expected to provide experienced and knowledgeable professional staff. The Consultant and its staff or
representatives shall be responsive and maintain excellent working relationships with City staff and City
Right -of -Way Consultants. The Consultant shall be committed to provide adequate staffing levels at all
times in order to adhere to established schedules.
SCOPE OF WORK:
The proposal should include the following tasks and fees and any additional tasks and fees deemed
necessary by the Consultant shall be clearly identified in the proposal. Additionally, the City reserves the
right to provide Notice To Proceed (NTP) for any, all or none of the following optional tasks:
On an as -needed basis, Proposer is responsible for providing real estate title and escrow services on a
timely manner, including but not limited to:
1) Title Research and Reporting
a) Prepare preliminary title reports
i) Update to an existing title report (either ordered by the City or others)
ii) Issue new reports and provide copies of all underlying exception and exclusion documents.
b) Issue chain of title reports on an exception basis (seldom required).
c) Provide other related information and documents of record concerning title to property such as
copies of vesting deeds, parcel maps/tract maps, FEMA flood zone designations.
d) Litigation guarantees — Issue condemnation litigation or continuation guarantees.
e) Prior to closing escrow, Consultant shall order and provide the City with an updated Preliminary
Title report to ensure that no new liens and/or encumbrances are recorded on the
property/property interests to be acquired by the City.
2) Title Resolution and Support
a) Assist with the development of legal descriptions for:
i) public and private properties; and/or
ii) unrecorded easements, right-of-way or other apparent encumbrances or rights granted by
other agencies.
(9)
EXHIBIT A
b) Assist the City, its consultants and agents in resolving issues affecting marketable title to
properties through, among other things, recordation of corrective instruments and/or other
appropriate means.
c) Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary Title
report unless waived by the City in writing.
d) Obtain partial release, partial re -conveyance and subordination agreements from the property
owners or any party having interest in the property.
e) Assist the City in determining the appropriate amount of title insurance coverage for each property
or portfolio (or portion thereof) whether acquired by purchase or without financial consideration
and taking into account valuation as determined by appraisal, or by opinion of value from a
commercial real estate company.
3) Escrow and Closing Services
a) Escrow services:
Issue either CLTA or ALTA extended -coverage owner
CLTA 100
Comprehensive
CLTA 103.1A
Encroachment Coverage
CLTA 103.4
Access through an easement
CLTA 103.7
Access
CLTA 110.1
Deletion of item from policy
CLTA 116
Location
CLTA 116.1
Survey
CLTA 116.4
Contiguity
CLTA 116.7
Subdivision
CLTA 123.3
Zoning
b) Ensure that all conditions present and conditions subsequent provided for in the Purchase
Agreement are met and satisfied prior to closing escrow.
c) Prepare, subject to review and approval by the City, Escrow Instructions for execution by the City
and grantor(s). Consultant shall ensure all legal requirements are satisfied prior to escrow closing.
d) Provide comprehensive Escrow Services to the City and owners involved in the related
transactions.
e) Prepare all necessary conveyance documents; demand and release of lien/encumbrance
documents and submit the same for approval by the City prior to close of escrow.
f) Record grant deeds, certificates of acceptance, memoranda of agreements, and related
documents required with respect to the transfer of each property in the office of Orange County
Recorder.
g) Distribute to the parties originals or copies of executed and/or closing documents.
h) Disburse to the party or parties entitled hereto amounts required to be disbursed in connection
with the closing of each property transfer transaction.
i) Prepare closing settlement statements reflecting pro -rations and funds disbursed through escrow
in each property transfer transaction.
j) Provide multilingual services as needed for efficient closing of escrow.
4) Coordination, Reporting, and Administrative Support
a) Meet and coordinate work with other right-of-way consultants as directed by the City.
b) Provide additional services related to title, escrow and related services specified above, at hourly
rates, the scope of which will be agreed to in writing between the City & Consultant.
c) Consultant shall at no cost to the City provide status reports of the requested services on a weekly,
bi-weekly, or monthly basis at City's option.
d) Consultant shall at no cost to the City provide the City and its consultants with password protected
access to Consultant's website dedicated for City's projects. The website shall contain all copies
EXHIBIT A
(9)
of City ordered reports and other documents will be posted no later than due date agreed upon
and indicated on the work authorization. Website access must be available to City throughout the
term of the agreement and after expiration for a minimum of 3 months from time all ordered
documents and reports have been posted.
FEE PROPOSAL:
In addition to Section V.G.2 (Proposal Contents: Cost Proposal) fee schedule shall be structured to
correspond to the above mentioned tasks as follows:
The fee schedule shall include the firm's standard hourly fee schedule and each task should include an
hourly breakdown that corresponds to the task total. A list of all positions and hourly rates for
personnel/sub-consultants expected to perform services under this RFP shall be described herein. Hourly
rates for personnel not expected to perform services under this RFP shall not be included. At the request
of the City, the Consultant shall provide a more detailed fee proposal when a specific project proposal is
requested of the Consultant.
The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The
consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and
of the project.
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required information
in the RFP. The City will provide only the staff assistance and the documentation specifically in referred
to herein.
Furnish scope of work and provide general direction as needed for the assigned project.
Facilitate meeting space and coordination and City facilities.
Follow City of Santa Ana Invoicing guidelines.
CONSULTANT RESPONSIBILITIES:
Consultant shall provide all required insurance as outlined in Exhibit II of this RFP.
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.
EXHIBIT B
Commonwealth-
L ANO TITi f COMPANY
January 7, 2426
Ms. Hayley Gilbert
Project Manager
City of Santa Ana
Santa Ana Public Works Agency
20 Civic Center Plaza
Santa Ana, California 92701
Subject: Request For Proposal For On Call Real Estate Title and Escrow Services
(RFP# 25-145)
Dear Ms. Gilbert:
Commonwealth Land Title is pleased to commit our firm's Title and Escrow services for
RFP 25-145
We will provide Title and Escrow services to satisfy the work requirements per the RFP. I
will be the contact person and project manager and commit to our team's availability
throughout the duration of the contract if awarded.
Thank you for your consideration.
Best Regards,
Griffin A. Wayne
Vice President
Commonwealth Land Title Company
714-749-0035 Direct
4400 MacArthur Blvd. Ste. 800 Newport Beach, Ca 92660
EXHIBIT B
TABS:
Table of Contents
Firm Qualifications/ Services Provided
CLEAR Agreement Statement/Redlines & Additions
BLUE Firm and Team Experience
Understanding of Needs
Project Controls
Employee Bios
Carb Fleet Compliance Statement
ORANGE Cost Proposal/ Fees
VROW References
Certifications (Attachments A-G)
EXHIBIT B
Commonwealth
LAND TITLE COMPANY
Firm Qualifications
Our comprehensive line of diverse and technically progressive escrow and title products are designed to
contribute to the success of industry professionals. Whether the project encompasses partial or full takes of a
few properties or a few hundred properties, we can provide excellent service and accomplish the project within
the strict timelines.
Commonwealth Land Title Company was founded in 1876 and our Major Accounts division started a title unit
in 2001 that solely focuses on the local, city, state government agencies, right-of-way, utilities, and wireless
telecommunications. After more than 20 years in this specialized sector, our team is grounded in all facets of
these real-estate transactions (EDA, Public Works, Right of Way, Energy, and Transportation).
Commonwealth Title's experience and success with government entities is well known in the industry. We
are currently working with various City and County agencies throughout Southern California on projects
ranging from street widening and easement relocations to infill, grade separations, large freeway expansions
and powerline transmission projects. (SCE Multi -Year On -Call Contracts, SDGE Sunrise Powerlink and PSEP
Project, ROTC 91 FWY CIP, SANDAG, SBCTA, OCTA, RCTC)
Commonwealth Title's commitment to quality service and our focus on customer satisfaction has allowed us
to exceed our competition in providing a broad spectrum of title and escrow solutions. With 83 title
professionals in just our local Los Angeles and Orange County offices and over 20,000 employees across the
country, rest assured that we have the means to facilitate your business. With a Fortune 500 ranking of 313,
our financial stability is ranked as the top title company within the industry. We are dedicated to continuing
the Commonwealth tradition of innovation, strength, and integrity.
A.M. Best Co.
Financial Strength Rating — A Excellent
Financial Strem-,t /Claims Payine Ability:
Standard & Poor's - A
Moody's Inverstors Services - A2
Underwriter Ratin s:
Kroll Bond Rating Agency (Claims Paying Ability Rating) - A-
Demotech, Inc. (Financial Stability Rating) - A
4400 MacArthur Bird.. Suite 800 Newport Beach, CA 92660
EXHIBIT B
rip Commonwealth -
LAND TITLE COMPANY
Commonwealth Land Title's Special Projects Division will perform all Title and Escrow related
services, including technical advice and support (as allowed by law) throughout the state of
California.
PRELIM] NARUH-LE AEP CHATS.
Preliminary Reports and turnaround will be determined by the complexity of each search. Upon
agency providing APN or address, Commonwealth will provide a quote for delivery prior to
acceptance and work commencing. If the report will take longer to complete, we will immediately
notify an Authorized Representative of the delay and provide a new delivery date.
Title Reports will be distributed electronically, contain the most current vesting deed, and copies of
any and all applicable (electronically linked) underlying schedule B documents. These are to
include tax and other assessment information, any and all easements and rights of way, any and a[[
deeds, restrictions, covenants, UCCfinancing statements affecting property and any pending legal
activity, lawsuits and bankruptcy filings of record.
One (1) Updated Report will be provided at no charge if requested within the first 12 months of
issuance. Beyond 12 months could require a new search.
Title Reports can include up to 3 contiguous parcel numbers with same ownership for SFR and
Commercialllndustrial properties (if originally acquired by same deed) located within Southern
California. Additional fees could be added when significant "Hard Costs" on a local basis is
required for searching and examination. Properties that could require add itionaltime and
increased price are but not limited to Railroad, Utility awned, City, County, State, Federal, BLM or
any other Government owned property.
POLICIES OF TITLE INSURANCE;
Commonwealth Title Company hereby agrees to furnish, upon the recordation of a Final Order of
Condemnation, in the case of a condemnation, or upon the recordation of a Grant Deed or Grant of
Easement, in the case of a voluntary sale, a CLTA title policy, on each individual order number and
parcel file number, in an amount equaIto the full taking price, in the case of Condemnation, or the
full purchase price in the case of a voluntary sale.
LITIGATION GUARANTEES.
Commonwealth Title agrees to furnish a Litigation Guarantee (Electronically) that will reflect all
possible interest holders or claimants of each parcel of land disclosed by those public records that
impart constructive notice. Each Litigation Guarantee issued shall insure in an amount to be
determined by Agency.
4400 MacArthur Blvd, Suite 800 Newport Beach, CA 92660
EXHIBIT B
Cnwealth
- LAND T;TLE COMPANY
ESCROW SERVICES:
Commonwealth will provide all related escrow services based on instruction from all parties and
following an executed purchase and sate agreement.
(1) Acceptance of documents and funds for use in the respective escrow
(2) Disseminating documents for signature from the parties
(3) Accepting demands
(4) Recording documents
(5) Disbursements of funds and furnishing closing statements to both parties.
We will provide within two (2) business days of closing date, a copy of the conformed Grant Deed;
conformed copy of any recorded document; original pen copies of exhibits to Purchase and Sate
Agreement and Joint Escrow Instructions; final closing statement; invoice for payment, if
applicable; refund checks; and checks to applicable County Tax Collector.
4400 MacArthur Blvd, Suite 900 Newport Beach, CA 92660
EXHIBIT B
Commonwealth
LANO TITLE COMPANY
Commonwealth Title's Major Accounts division will assign the following dedicated team to work with
the City of Santa Ana on all future projects/requests:
Mr. Chris Maziar Special Projects/ Senior Commercial Title Officer, will provide ongoing
supervision of the day to day title requests/needs. Mr. Maziar has a long and extensive background
in the title industry bringing a great deal of knowledge and experience to the team. Mr. Maziar has
worked on bond projects with the County of Riverside in excess of $250,000,000, the 91 freeway C I P
($1.4Billion) project with over 500 parcels along with the construction of the Gerald Desmond Bridge
($1.5 Billion)
Mrs. Grace Kim Senior Escrow officer, will provide service and assistance on all escrow related
projects. Mrs. Kim is a valuable part of the Commonwealth Team and will be able to meet the needs
of the agency and its contractors in a timely and efficient manner. Mrs. Kim has closed Right of Way
projects in excess of 400 parcels consisting of both Full and Partial takes. She has also closed multi -
site transaction across multiple states with an aggregate sales amount of more than $8 Billion along
with a $1.4 Billion ROW Project.
Mr. Griffin Wayne Vice President Commonwealth Title's Major Accounts, will be the Project
manager and oversee the workflow of every file. Griffin has successfully managed multiple Right of
Way projects with a net worth over $1.5 Billion (91 CIP and Gerald Desmond Bridge). As an active
member of the IRWA (International Right Away Association) chapter 57 (Orange County) and a Board
Member of chapter 57 (Riverside County), he understands the demands and high-level needs of right
of way projects. Having bid on and successfully awarded more than 150 on call, special projects,
and contractor's projects for many government agencies in the last 25 years, Griffin understands
what it takes to deliver these projects to the contractor/agency within the demanding time
constraints.
IE. proieciGontr—o. .. yAssurance/Methado,logyLC-Qnzy t/n Aonrvachiosasks:
Commonwealth Title is part of the Fidelity National Financial family. Our division has the unique
ability to underwrite transactions for ourselves, differentiating us from the many other title
companies in this market. Commonwealth is a member of CLTA and adheres to the highest
standards and practices in the industry.
Projects and requests are handled internally within our Commonwealth Title's Major Accounts
❑ivision. The Commonwealth Team mentioned above, and their associates have access to two state
of the art title plants located in Colton, CA and Sun Valley, CA. With over 150 years combined
experience in the title industry, the Commonwealth Team possesses the knowledge and resources
to search properties backto the earliest recorded transaction date.
EXHIBIT B
Commonwea#th griffin A. Wayne
,.M,,,,rt,.PAV Vice President
Professional Experience
Griffin Wayne has been in the Title Industry for the past 25 years and
Education
currently serves as Vice President with Commonwealth Land Title
Fullerton College
Business Management
Company. Griffin is a qualified title professional and holds a
professional title license from the California department of Insurance.
MAP Executive Leadership
In this role, Griffin manages a team of industry leading title
and Management Training
professionals providing specialized services incorporating all aspects of
Title and Escrow, including Right of Way, Gas & Electric, Subdivision,
Professional Affiliations
Commercial/industrial Properties, Wind/Solar, Public Housing and
California Department of
Wireless Telecommunication projects.
Insurance. (License $t
s7G42962J
A big believer in being involved and making a difference, Griffin is
California Land Title
proud to serve as a board member of the International Right of Way
Association
Association where he was named "Professional of the Year" in 2017.
Board Member- Griffin has more than 25 years of title and escrow experience managing
International Right of Way special projects. Before joining Commonwealth Land Title Company in
Association CH57 (Riverside 2009, Griffin was employed by Stewart Title's Major Accounts Division
and San Bernardino) for for 9 years, In this role, Griffin was responsible for creating and
past 14 years. managing the "Special Projects Division" which was safely devoted to
Awarded IRWA right of way/ local city, state, federal government agency, and wireless
Professional of the Year telecommunication projects.
2017
It is Griffin's commitment to quality service and his focus on customer
(Commonwealth Title) satisfaction that has allowed him and his team to exceed our
Tenure competition in providing a broad spectrum of title and escrow
16 Years solutions.
Industry Tenure Notable Project Management Experience
25 Years
+ Port of Long Beach/Caltrans: Gerald Desmond Bridge Replacement Project 51.5Billion
• RCTC- 5R91 Toll Roads/CiP Project 18 Mile Toll Road, Over500 parcels, $1.4Billion
• SBCTA, 1-10 Express Project• Phase 1
• LA Metro Goldline Project
• SCE- West of Devers Project
■ SCE- Valley South Sub transmission Project
• OCTA, SR 22 HOW Improvement Project
• Alameda Corridor Transportation Authority South End Section Project
0 OCTA, State Route 1405 Project5BCrA, I-10 Express Project
EXHIBIT B
Commonwealth
Grace U. Kim
.., •, :.....•
Assistant Vice President/Commercial Escrow Officer
Professional Experience
Grace Kim graduated from college with a Bachelor of Science in
Education
Economics, She has worked in the Real Estate industry for over 31
University of California
Years. Grace spent 2 years with a mortgage lender before transitioning
Irvine
to escrow. She worked for both independent and broker owned
escrow companies handling a number of transaction types including,
BA, Economics
large bulk sale, right of way, government acquisitions, bankruptcies
and foreclosure sales.
Grace joined Commonwealth Title Company in May of 2011. Prior to
that Grace had been with Stewart Title of California for 9 years as a
Professional Affiliations
Senior Commercial Escrow Officer and has closed transactions as high
California Escrow
as $8 billion and single projects over 570 parcels.
Association
Project Experience
(Commonwealth Title)
Tenure
Various Major Office Structures in Los Angeles and Orange Counties with liabilities up
14 Years
to $$ sillion.
Right of Way Escrow Officer- Projects include various Cal Trans freeway expansions,
contracts with various county offices and Bonds with liabilities as high as
Industry Tenure
$267,000,ODO,00,
30 Year
■ Port of Long Beach/Caltrans: Gerald Desmond Bridge Replacement Project $1.5Billiort
Project
• RCTC- SR91 Toll Roads/CIP Project 18 Mile Toil Road, 500 parcels, $1.48illion Project
SSCTA, 1-10 Express Project
• OCTA, Lakeview Avenue Grade Separation
City of Fullerton, Raymond Avenue Grade Separation
OCTA, Tustin -Rose Grade Separation
■ RCTC- SR91 CEP Project
■ City of Ontario, Vineyard Avenue Grade Separation
• City of Highland, 314 Street and 51F Street Widening at SR-210
• State Route 90 Smart Street Project
• OCTA-SR 22 HOV Improvements Project
+ University Grade Separation Project — for the City of San Bernardino South End
■ Section Project —for the Alameda Corridor Transportation Authority
a RCTC HWY 74 Widening
EXHIBIT B
Chris Maxiar
Commonwealth Assistant Vice President/Sr. Title Officer
1A41 r]ilf LCA►AM
Professional Experience
Chris Maziar is a Commercial Title Officer with 40 years of experience in the title industry. He
works effectively with property owners, Attorneys, Lenders, and Right of Way firms. Chris has an
Education
extensive background in commercial and industrial title searching and examining. He has overseen
Mt. San Antonio
the completion of thousands of full and partial takes over the last 15 years. He is skilled at using
Community College
the Microsoft Office Suite. In addition, Chris has excellent communication, leadership and time -
management skills. As a Title Officer, he makes underwriting decisions and resolves challenges
with items that may cloud title. Chris often foresees potential issue and presents ways in which to
CLTA /ALTA Underwriting
remedy them with little or no additional cost or time to the client.
Guidelines and Procedures
Proiect fxaerrence
Fraud, Forgery,
Foreclosures, Bankruptcies
• Port of Long Bea ch/CaItrans: Gerald Des mand Bridge Replacement Project S1,513iIIion
Certificates
• RCTC- SR91 Toll Roads/CIP Project $1.4Billion Project
■ OCTA, State Route 1405 Project
■ SBCTA, I.10 Express Project
■ Disneyland Expansion — California Adventure
Professional Affiliations
■ Various Major Office Structures in Los Angeles and Orange Counties with liabilities up
to S100,000,000.m.
■ Successor Agencies RDA Projects City of Brea, Hesperia, Vic torville, Claremont,
California Land Title
BeUFlower, Huntington Beach, San Bernardino
Association
• City of Santa Ana, Bristol/Warner Widening Projects
Right of Way Title Officer- Projects include various Cal Trans freeway expansions,
contracts with various county offices and Bonds with liabilities as high as
IRWA: Has been a speaker
$267,000,000.00
Multiple times to both
■ San Diego Gas &. Electric. Sunrise Powerlink, Bayfront/RW4555, CNF Project
Chapter 57 and 57
Metro Goldline Project
■ OCTA, 5R 22 HOW Improvement Project
International Right of Way
0 Alameda Corridor Transportation Authority South End Section Project
Associations and a Keynote
■ City of Fullerton, Raymond Avenue Grade Separation
Speaker at Chapter 57'5
• Ctty of Highland, 3re Street and 5`" Street Widening at SR-210
ROW symposium.
(Commonwealth Title)
Tenure
15 Years
Industry Tenure
41 Years
EXHIBIT B
Commonwealth
�. AN❑ TITI F C ❑MPANY
• - 1 • 1 . a = 11 = 1
Commonwealth Land Title will provide all title and escrow retated services for the city's various
Capital Improvement and Public Works projects under the direction of City staff.
Services will be provided on an as needed basis. Our timely services include but are not limited to:
1. Issuance of new Preliminary Title Reports
2. The Updating of existing Preliminary Title Reports
3. Issuance of Litigation Guarantees
4. Issuance of Continuation Endorsements on previously issued Litigation Guarantees
5. Issue CLTA and ALTA insurance policies as requested
6. Issue any and all needed CLTA & ALTA Endorsements
7. Copies of all Deeds, Maps, and other related Documents
8. Access to our on-line property information website
9. The creation of Title Chain's going back to a predetermined amount of time
10. Opening and reviewing all purchase and sale agreements entered into escrow.
11. Created deeds and draw up documents as requested per the city
12. Send opening packages within 24 hours of opening Escrow along with estimated closing
statements.
13. Coordinate closings with all parties involved insuring both opening package and closing
packages are executed properly.
14. Disperse funds to named parties and benefactors of each closing and provide final closing
statements.
15. User Name and ID's for the City to access our Online Virtual file system.
U—Pr ect Controts/Quali Assura �IMetha-.Ur/Concept/App[QI
Commonwealth Title is part of the Fidelity National Financial family. Our division has the unique
ability to underwrite transactions for ourselves, differentiating us from the many other title
companies in this market. Commonwealth is a member of CLTA and adheres to the highest
standards and practices in the industry.
Projects and requests are handled internally within our Commonwealth Title's Major Accounts
Division. The Commonwealth Team mentioned above, and their associates have access to two
state of the art title plants located in Colton, CA and Sun Valley, CA. With over 150 years combined
experience in the title industry, the Commonwealth Team possesses the knowledge and resources
to search properties back to the earliest recorded transaction date.
EXHIBIT B
Commonwealth
■ LAND TITLE COMPANY
Commonwealth Land Title Company is an information services and insurance company.
We do not possess a fleet of vehictes or heavy equipment.
EXHIBIT B
Commonwealth'
rr I AN❑ TIT[ F COMPANY
Attached: Commonwealth's Title and Escrow Rates filed with the California ❑epartment of
Insurance. Any deviation from these "filed" rates are in strict violation of CA State Law (CA
SB:133)
EXHIBIT B
COMMONWEALTH LAND TITLE INSURANCE COMPANY
PART II OWNER'S INSURANCE
Insurance Rate Table "R" Base Rate (Owner's)
(without escrow services)
Amount of Insurance
Base Rate7
(Owner's)
Lender's
Concurrent Rate
Amount of Insurance
Base Rate
(Owner's)
Lender's
Concurrent
Rate
Up to and including $30,000
$396
$285
$165,001-170,000
$870
$365
$30,001-35,000
$418
$285
5170,001-175,000
5884
$370
$35.001-40,000
$418
$285
$175,001-180,000
$899
$375
$40.001-45,000
$462
$285
$180.001-185,000
$913
5380
$45.001-50,000
$462
$285
$185,001-190,000
$928
$385
$50.001-55,000
1 $472
$285
$190,001-195.000
$943
$390
$55,001-60,000
$494
$285
$195,001-200.000
$957
S395
$60.001-65,000
$516
$285
$200,001-205.000
$971
540o
$65,001-70.000
$538
$285
$205,001-210,000
$986
$405
$70.001-75.000
$560
$285
$210,001-215,000
$1.000
S410
$75.001-80.000
$582
$285
$216,001-220 000
$1,014
$415
$80,001-85.000
$604
$285
$220,001-225,000
$1,029
S420
$85,001-90.000
$626
$285
$225.001-230,000
$1.043
$425
$90,001-95,000
$648
$285
$230.001-235,000
$1,057
$430
$95,001-100,0o0
$667
$285
$235,001-240,p00
$1,071
$435
$100,001-105,000
$681
$300
$240,001-245.000
$1,086
$440
$105 001-110,000
$695
$305
$245,001-250,000
$1.100
$4"5
$110,001-115,000
$711
$310
$250.001-255,000
$1.114
S450
$115.001-120.000
$725
$315
$255.001-260,000
$1.129
$455
$120,001-125,000
$739
$320
$260.001-265,000
$1,143
$460
$125,001-130,000
$754
$325
$266,001-270.000
$1.157
S465
$130,001-135.000
$768
$330
$270,001-275,000
$1.172
$470
$135,001-140,000
$783
$335
$275,001-280,000
$1.186
S475
$140.001-145,000
$798
$340
$280,001-285,000
$1,200
$480
$145,001-150,000
$812
$345
$285,001-290,000
$1.214
$485
$150,001-155,000
$826
$350
$290,001-295,000
$1,229
5490
$155,001-1n,000
$840
$355 1
$295,001-300,000
$1,243
1 S490
$160.001-165,000
$856
$360
Litigation Guarantee Fee: 80% of CLTA Base Rate (Owners). Based upon value of particular estate or interest involved and property type.
Standard minimum charge applies. Additional work charges may apply for searching and examination due to property characteristics
For Each Additional $5,000 or Base Rate (Owners)
fraction thereof above $300,000
Lender's
Concurrent Rate
Up to and inckuding $500,000
Add $10.55 per $5,000
$',665
Add $5.25 per $5,000
$700
Up to and including $850.000
Add $9.90 per $5,000
$2,358
Add $5.25 per S5,000
$1,067.50
Up to and including $1,000,000
Add $9.50 per $5,000
$2,643
Add $3.55 per $5.000
$1,174
Up to and including $1,500,000
Add $7,50 per $5,000
$3,393
Add $2.50 per $5,000
$1,424
Up to and including $2,000,000
Add $7.25 per $5,000
$4,116
Add $2.20 per $5,000
$1,644
Up to and including $2,500,000
Add $4.00 per $5,000
$4,518
Add $2.20 per $5,000
$1,864
Up to and including $3,000,000
Add $3.70 per $5,000
$4,888
Add $2,20 per $5.000
$2,084
Up to and including $4,000.000 Add $3.60 per $5,000
$5,608
Add $2.20 per $5,000
$2,524
Over $4,000,000 Add $3.70 per $5,000
Add $2.20 per $5,000
15
State of California
Effective: Jury 27, 2016
EXHIBIT B
COMMONWEALTH LAND TITLE COMPANY
Chapter 10 National Commercial Escrow Services
No Office Of The Company OR Office Of An Underwritten Title Company May
Offer This Rate Unless Specifically Designated as a National Commercial
Services Division (NCS).
Other than the General Rules, the only fees applicable to the authorized National
Commercial Services Division(s) are those specifically set forth in this Chapter.
10.0 Commercial Saie Escrow Services:
A. Applicable to the following Zones:
a. Zone 1.A, Orange County
b. Zone 1.13, Riverside and San Bernardino Counties
c. Zone 2, Los Angeles County
d. Zone 10, San Diego County
Transaction Amount
Fee Charged
$0 to $1,000,000
$200 Base plus $3.00 perthousand, Minimum $1,200
$1,000,001 and up
$3,200
63
State of California
Effective: January 15, 2025
EXHIBIT B
commonweafth
,M I AND TETI F COMPANY
Title Report Fees
Property Type
SFR's $650
CommerciaLllndustrial $1,000
UtiIity Owned $1,200
Municipal: City, County, $1,000
State, Federal
Rail Road $1,500 - $2,500
Hourly Miscellaneous work fee $1251hr.
I One free update of the title report is provided within 12 months from the time of order. From 13-24
months the cost is $350 and anything beyond 24 months could require a new search. Plotted
Easements are included on ail files if requested at the time of order placement. Please allow extra
time to process these.
Title Reports will contain the most current vesting deed and copies of any and all applicable
underlying schedule B documents including tax and other assessment information, any and all
easements and rights of way, any and all deeds, restrictions, covenants, UOC financing statements
affecting property and any pending legal activity, lawsuits and bankruptcy filings of record.
Our standard fees listed above include up to 3 contiguous parcel numbers with same ownership for
SFR and CommerciaLllndustrial properties located in SDjdbamcalifornia, Products wilt be
distributed in soft copy format. Additional fees could be added for "Special Handling" or when
significant "Hard Costs" on a local basis is required. Properties requiring additional time and
increased price are but not Limited to Rail Road, Utility Owned, City, County, State, Federal, BLM or
any other Government owned property. The above pricing are estimated ranges.
4400 MacArthur Blvd. Ste. 800 Newport Beach, CA 92660
EXHIBIT B
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
Commonwealth Land Title Compan
LEGAL NAME OF COMPANY
4400 MacArthur Blvd, Suite 800 Newport Beach CA 92660
BUSINESS ADDRESS
Griffin Wayne
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT DATE
94-2241956
949-724-3140
PHONE AND FAX NUMBERS
Vice President
TITLE
2[�, Gwayne@cltic.com
O4
E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REOUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT B
CITY OF SANTA ANA
ATTACHMENT B
PROPOSER'S STATEMENT
Proposer- understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required required bonds and certificate of liability insurance within ten (1 g) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed,
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm Commonwealth Land Title
Signed and Printed Name: (,-
Title Vice President
Date /I I Z I ,- &-
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
144
EXHIBIT B
CITY OF SANTA ANA
ATTACHMENT C
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation, that the proposal is genuine and not
collusive or sham, that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed—•��ri
State of LRIED/Pounty of _yrg'�mm
Subscribed and sworn to (or affirmed) before me on this ' day of JAAU 2y 20 , by
FFW1L_ E , proved to me on the basis of satisfactory evidence to be the persons)
who appeared before me.
r
Note Pubic Signature
�u� x. wurmN
COMM.
o°" 2501!,2 = 6
Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT B
CITY OF SANTA ANA
ATTACHMENT D
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress fin connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure,
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subreJcipients shall certify and disclose accordingly.
Signed: �- _191 f �r
Title: Vice President
Firm: Commonwealth Land Title Company
Date: I// z ��-e-
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
CITY OF SANTA ANA
ATTACHMENT E
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title: Vice President
Firm: Commonwealth Land Title Company
Date: //I .z- /? 6-
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT B
CITY OF SANTA ANA
ATTACHMENT F
SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth
below the name and location of each subcontractor who will perform work or labor or render service to the bidder
in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of
work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section
4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform
the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder
must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those
subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an
amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of
work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further
space is required for the fist of proposed subcontractors, additional sheets showing the required information, as
indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned
related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion
of work according to detailed drawings contained in the plans and specifications in the amount greater than one
half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name:
Not Applicable
Location:
Portion of Work/Trade:
Bid Amount
Contractor's License Number
❑IR Registration No.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount:
Contractor's License No: DIR Registration No:
x Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT D❑ NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT B
CITY OF SANTA ANA
ATTACHMENT G
CARB FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and
regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9,
effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option
checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported
Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject
vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the
Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling
methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure
renewable diesel (i.e. third -party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this
Project has been deemed an Emergency, as defined under section 2449(c)(i8). Bidder shall only operate the
exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained,
pursuant to section 2449(i)(4).
x The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached
hereto. Commonwealth does not have a FLEET. We are a information services company
not a contractor.
Commonwealth Land Title Company
Bidder's Company Name (please print or type)
Signature of Bidder
Griffin Wayne
Print Name
Vice President
Title
NIA
DOORS ID
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
EXHIBIT B
CID Commonwealth'
IAND TITI. E COMPANY
Pry
1. Direct vendor for the City of Santa Ana. We have provided all necessary Title and Escrow
related services on the Bristol Street (Phase 1-4) and Warner Avenue projects. We were also
asked to step in to take over files at the City's request from First American Title who could not
provide the service levels needed.
2. We work directly with the Riverside County Transportation Commission on several freeway
expansions including the interchange of the 60/215/91 freeways and the CIP ($1 Billion project).
These projects required us to search over 600 parcels of land at a time and provide written reports
for those Preliminary Title Reports and later issued Litigation Guarantees and ALTAICLTA title
policies. We have worked directly for the agency, Overland Pacific & Cutler, and Epic Land
Solutions.
1 We work directly with the Orange County Transportation Agency to expand the 22 FWY, 55
FWY, and 1-405 I OCTA, Lakeview Avenue Grade Separation/OCTA. Tustin -Rose Grade
Separation/Metrolink/OCTAICity of Anaheim: State College Grade Separation, Anaheim;
California. All projects with OCTA have been in conjunction with other primes as well as directly
with the agency. Primes include HDR, and ❑PC. We provided over 500 preliminary title reports,
more than 100 Litigation Guarantees, CLTA Policies and Escrow services for TCE's. full and
partial takes.
4. "B" street project in San Bernardino County encompassing more than 200 parcels of both full
and partial take acquisitions. We provided 240 preliminary title reports, 51 Litigation
Guarantees, CLTA Policies and Escrow services for TCE's, full and partial takes.
5. Currently providing all title and Escrow services for the Port of Long Beach, CalTrans, City of
Long Beach, and Nossaman, LLP. on the Gerald Desmond Bridge Replacement project. ($1.5
Billion).
6. City of Fullerton, Raymond Avenue Grade Separation On -Call: Provided 20 preliminary title
reports, 18 Litigation Guarantees, CLTA Policies and Escrow services for TCE's, full and partial
takes.
7. City of Highland, V Street and 5�' Street Widening at SR-210: Provided 35 preliminary title
reports, 5 Litigation Guarantees, CLTA Policies and Escrow services for TCE's, full and partial
takes.
8. City of Ontario, Vineyard Avenue Grade Separation: Provided preliminary title reports,
Litigation Guarantees, CLTA Policies and Escrow services for TCE's, full and partial takes.
EXHIBIT B
Ire Commonweami
I ANn TFTI F COMPANY
Each of the below projects included the issuance of Preliminary Title Reports, Litigation
Guarantees and a final CLTA or ALTA Policy and the Escrow closing of a partial or full
acquisition.
Proiects with HDR- Contact Danny Mendoza: 714-730-2370
Montebello Grade Separation
Riverside Transmission Reliability Project
Turnbull Canyon Grade Separation
Maple Ave. Grade Separation
Pomona Grade Separation
Metrolink/OCTA/City of Anaheim: State College Grade Separation, Anaheim, California
Promects with Para on Partners Inc. — Contact Cheryl DeMucci 714-379-3376
City of Redlands Street Improvement Project
City of Palmdale
Los Angeles County
Joshua Tree/ County of San Bernardino
UPRR/DGS
City of Huntington Beach
City of Rancho Mirage
Gannett Flemming Inc. GIFT Inc.1 Formerly ❑PC and TransS stems — Contact Brian
Everett: 562-304-200 a
RCTC 91 FWY CIP Project
1-10 Expansion
55 FWY Expansion
22 FVVY Expansion
1-405 Expansion Project
EXHIBIT B
rip Commonwealth'
I AND TITI F COMPANY
City and Government Direct Working References
City of Santa Ana 1 Hayley Gilbert, Public Works Agency (714) 647-5047
City of Riverside/ Sheryn Smay, Supervising Real Property Manager (951) 826-5343
County of Riverside/ Sue Anna Schatz Real Estate Services Supervisor (951-955-4817)
Orange County Transportation Authority/ Bill Mock, Senior Real Property Agent (714) 560-5737
Riverside County Transportation Commission/ Hector Casillas Right of Way Manager (951) 778-
1097
Riverside County Flood Control/ Yolanda King Supervisor Real Property (951) 955-1304
Current Private Sector Right of Way References
Gannett Flemming Inc. formerly Overland Pacific and Cutler/ Brian Everett (562) 304-2000
HDR Inc./ Danny Mendoza, Real Estate Services Area Class Leader (714) 730-2370
Epic Land Solutions Inc. Kari Anvick, Vice President California Operations (951) 329-9666
Paragon Partners Inc./ Cheryl DeMuccl, Vice President (714) 379-3376 ext.105
Southern California Edison/ Sal Flores, Title $ Valuation (909) 274-1087
Nossaman, LLP./ Brad Kuhn. Partner Attorney at Law (949) 833-7800
EXHIBIT C
EXHIBIT C
Commonwealth
LAND TITLE COMPANY
Attached: Commonwealth's Title and Escrow Rates filed with the Catifornia Department of
Insurance. Any deviation from these "filed" rates are in strict violation of CA State Law (CA
SB:133)
EXHIBIT C
COMMONWEALTH LAND TITLE INSURANCE COMPANY
PART II OWNER'S INSURANCE
Insurance Rate Table "R" Base Rate (Owner's)
(without escrow services)
Amount of Insurance
Base Rate
(Owner's)
Lender's
Concurrent Rate
Amount of Insurance
Base Rate
(Owner's)
Lender's
Concurrent
Rafe
Up to and including $30,000
$396
$285
$165,001-170,000
$870
$365
$30,001-35,000
$418
$285
$170,001-175,000
$884
$370
$35,001-40 000
$418
$285
$175,001-180,000
$899
$375
$40,001-45,000
$462
$285
$180,001-185,000
$913
$380
$45,001-50,000
$462
$285
$185,001-190,000
$928
$385
$50,001-55,000
$472
$285
$190,001-195,000
$943
$390
$55,001-60,000
$494
$285
$195,001-200,000
$957
$395
$60 001-65,000
$516
$285
$200,001-205,000
$971
$400
$65,001-70,000
$538
$285
$205,001-210,000
$986
$405
$70 001-75,000
$560
$285
$210,001-215,000
$1,000
$410
$75,001-80,000
$582
$285
$215 001-220,000
$1,014
$415
$80 001-85,000
$604
$285
$220,001-225,000
$1,029
$420
$85,001-90,000
$626
$285
$225 001-230,000
$1,043
$425
$90,001-95,000
$648
$285
$230,001-235,000
$1,057
$430
$95,001-100,000
$667
$285
$235,001-240 000
$1,071
$435
$100 001-105 000
$681
$300
$240,001-245,000
$1 086
$440
$105,001-110,000
$695
$305
$245,001-250,000
$1,100
$445
$110,001-115 000
$711
$310
$250,001-255,000
$1,114
$450
$115,001-120,000
$725
$315
$255,001-260,000
$1,129
$455
$120,001-125.000
$739
$320
$260,001-265,000
$1,143
$460
$126,001-130,000
$754
$325
$265,001-270,000
$1,157
$465
$130,001-135,000
$768
$330
1 $270,001-275,000
$1 172
$470
$135,001-140,000
$783
$335
$275,001-280,000
$1,186
$475
$140,001-145,000
$798
$340
$280,001-285,000
$1,200
$480
$145,001-150,000
$812
$345
$285,001-290,000
$1.214
$485
$150,001-155,000
$826
$350
$290,001-295,000
$1,229
$490
$155,001-160,000
$840
$355
$295,001-300,000
$1,243
$490
$160,001-165,000
$856
$360
Litigation Guarantee Fee: 80% of CLTA Base Rate (Owners), Based upon value of particular estate or interest involved and property type.
Standard minimum charge applies. Additional work charges may apply for searching and examination due to property characteristics.
For Each Additional $5,000 or
fraction thereof above $300,000
Base Rate (Owners)
Lender's
Concurrent Rate
Up to and including $500,000
Add $10.66 per $5,000
$1,665
Add $5.25 per $5,000
$700
Up to and including $850,000
Add $9.90 per $5,000
$2,358
Add $5.25 per $5,000
$1,067.50
Up to and including $1,000,000
Add $9.50 per $5,000
$2,643
Add $3.55 per $5,000
$1,174
Up to and including $1,500,000
Add $7.50 per $5,000
$3,393
Add $2,50 per $5,000
$1,424
Up to and including $2,000,000
Add $7.25 per $5,000
$4,118
Add $2.20 per $5,000
$1,644
Up to and including $2,500,000
Add $4.00 per $5,000
$4,518
Add $2.20 per $5,000
$1,864
Up to and including $3,000,000
Add $3.70 per $5,000
$4,888
Add $2.20 per $5,000
$2,084
Up to and including $4,000,000
Add $3.60 per $5,000
1 $5,608
Add $2.20 per $5,000
$2,524
Over $4,000,000
Add $3,70 per $5,000
I
Add $2.20 per $5,000
15
State of California
Effective: July 27, 2016
EXHIBIT C
COMMONWEALTH LAND TITLE COMPANY
Chapter 10 National Commercial Escrow Services
No Office Of The Company OR Office Of An Underwritten Title Company May
Offer This Rate Unless Specifically Designated as a National Commercial
Services Division (NCS).
Other than the General Rules, the only fees applicable to -the authorizedNational
Commercial Services Division(s) are those specifically set forth in this Chapter.
10.0 Commercial Sale Escrow Services:
A. Applicable to the following Zones:
a. Zone 1.A, Orange County
b. Zone 1.13, Riverside and San Bernardino Counties
c. Zone 2, Los Angeles County
d, Zone 10, San Diego County
Transaction Amount
Fee Charged
$0 to $1,000,000
$200 Base plus $3.00 per thousand, Minimum $1,200
$1,000,001 and up
$3,200
63
State of California
Effective: January 15, 2025
EXHIBIT C
Commonwealtli
LAND TITLE COMPANY
Title Report Fees
Property Type
SFR's $650
Commercial/Industrial $1,000
Utility Owned $1,200
Municipal: City, County, $1,000
State, Federal
Rail Road $1,500 - $2,500
Hourly Miscellaneous work fee $125/hr.
* One free update of the title report is provided within 12 months from the time of order. From 13-24
months the cost is $350 and anything beyond 24 months could require a new search. Plotted
Easements are included on all files if requested at the time of order placement. Please allow extra
time to process these.
Title Reports will contain the most current vesting deed and copies of any and all applicable
underlying schedule B documents including tax and other assessment information, any and all
easements and rights of way, any and all deeds, restrictions, covenants, UCC financing statements
affecting property and any pending legal activity, lawsuits and bankruptcy filings of record.
Our standard fees listed above include up to 3 contiguous parcel numbers with same ownership for
SFR and Commercial/Industrial properties located in Southern CaLifo MI -a. Products will be
distributed in soft copy format. Additional fees could be added for "Special Handling" or when
significant "Hard Costs" on a Local basis is required. Properties requiring additionaltime and
increased price are but not limited to Rail Road, Utility Owned, City, County, State, Federal, BLM or
any other Government owned property. The above pricing are estimated ranges.
4400 MacArthur Blvd. Ste. 800 Newport Beach, CA 92660
EXHIBIT D
EXHIBIT D
Insurance Requirements
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall
require any subcontractors to obtain and maintain insurance as described below for the entire Term of
this Agreement against claims for injuries to persons or damage to property which may arise from or in
connection with services, products and materials supplied to City. Total cost of such insurance shall be
borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 or equivalent
covering CGL on an "occurrence" basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per
occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and
umbrella/excess insurance policies
Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto),
with limits no less than $1,000,000 combined single limits. In the event Consultant does not
maintain commercial automobile liability insurance, City will accept evidence of personal
automobile insurance, provided that such policy is endorsed for business use and provides
coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary
and umbrella/excess insurance policies.
Workers' Compensation (WQ 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, policy or
employee, for bodily injury or disease. Coverage is not required if Consultant has no employees
and signs request to waive such insurance.
4. Professional Liability (PL): with limits no less than $1,000,000 per claim, and $2,000,000
aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each
line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered
as additional insureds, under Consultant's CGL and AL policies, with respect to any liability
arising out of work or operations performed by or on behalf of the Consultant including
materials, parts, equipment, and personnel furnished in connection with such work or
operations.
Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its
City Council, its officers, officials, employees, agents, and volunteers for losses paid under the
terms of Consultant's CGL, AL, and WC policies which arise from work performed by Consultant
under this Agreement.
EXHIBIT D
3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any
insurance maintained by City, its City Council, its officers, officials, employees, agents, or
volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant's insurance shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the insurer's limits of liability.
S. Insurance policies required herein shall provide that coverage shall not be canceled except after
thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice
shall be provided to City for policy cancellation due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Keri Buck, 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location
of project must be included in the Description of Operations section of each certificate.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a
current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause)
before work begins. However, failure to obtain the required documents prior to the work beginning shall
not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
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.
Title Insurance
Notwithstanding anything in this Agreement to the contrary, this Agreement shall not alter, affect,
modify, supplement, increase, or decrease any of the duties, obligations, or liability of Consultant or the
issuer of any underwritten or regulated title insurance policies, title indemnity policies, title insurance
commitments, preliminary title reports, title binders, reinsurance, closing protection letters or similarly
named agreements (or any applicable law, regulation, or statute imposing similar liability), title
certificates, foreclosure reports, trustee sale guarantees, UCC policies, or other title search products
issued in connection with this Agreement (collectively, a 'Title Product').
The duties, obligations, or liability arising pursuant to or covered by any Title Product shall be governed
solely and exclusively by the terms, provisions, conditions, and stipulations of such Title Product, and
any endorsements thereto.