HomeMy WebLinkAbout25B - AGMT - RIGHT-OF-WAY PROJECT MNGT SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
AGREEMENT FOR RIGHT-OF-WAY
PROJECT MANAGEMENT SERVICES
FOR CIP PROJECTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on Is' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement for right-
of-way Project Management & Oversight services subject to nonsubstantive changes approved
by the City Manager and City Attorney with California Property Specialists, Inc. for an amount not
to exceed $250,000.
DISCUSSION
On October 18, 2010, the City Council authorized the Public Works Agency to release a Request
for Proposals (RFP) to qualified consulting firms to provide right-of-way related services for
Capital Improvement Projects (CIP). These services will be utilized for the current CIP, including
Phases II & III of the Bristol Street Widening and the Grand Avenue Widening Projects. In
addition, these firms will augment City staff in the day-to-day oversight of right-of-way tasks such
as City owned properties, disposal of surplus properties, deed research, and cost estimates for
all Public Works projects.
The RFP for the Project Management and Oversight services was sent to eight firms who
specialized in this field. A special effort was made to reach out to Santa Ana firms. Five
proposals were received and evaluated by personnel from the Public Works Agency, Community
Development Agency and the City Attorney's Office. Each firm was rated according to its
qualifications, experience, and capacity to perform the required work. Special consideration was
made for the local firms, especially in Santa Ana. Following is the list of the firms and their
respective scores:
California Property Specialists Inc. 90
Paragon Partners 86
HDR 85
Epic Land Solutions 84
CE Prime, Inc. 69
25B-1
Agreement for Right-of-Way
Project Management Services
For CIP Projects
February 22, 2011
Page 2
Based on the ratings and their past experience with the City, staff recommends that the firm of
California Property Specialists, Inc. (CPSI) be retained for the Project Management and
Oversight for the right-of-way services. CPSI is a Santa Ana based firm that has been assisting
the City with right-of-way acquisition of CIP projects for many years. The agreement with this
firm will be for a period of one fiscal year or until the funds are exhausted, whichever comes first.
The City has an option to renew the agreements for an additional year if the firm is responsive to
the City's needs.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
These services are on-call and will be used when funds are available in the various CIP projects.
APPROVED AS TO FUNDS AND ACCOUNTS:
T-
Raul Godinez II
Executive Director
Public Works Agency
RG/SA
Exhibit: 1. Agreement
•T 1
Francisco Gutierrez r_d
Executive Director
Finance & Management Services Agency
25B-2
PROPERTY MANAGEMENT
SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 22°d day of February, 2011, by and
between CALIFORNIA PROPERTY SPECIALISTS, INC., a California corporation (hereinafter
"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 (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
property acquisition management services.
B. Consultant represents that it is able and willing to provide such services for Santa Ana.
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
Consultant shall provide services, as set forth in City's Request for Proposals-Right of
Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A,
and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A-1, and
both exhibits incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
Exhibit 1
25B-3
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The
total sum to be expended under this Agreement shall not exceed $250,000.00 during the term of
this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. The invoice shall
include a detailed breakdown of the services provided, the project title, the tasks, the hours, and
hourly rates. 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.
4. TERM
This Agreement shall commence on March 1, 2011 and terminate on the earlier of
February 28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance
with Section 13, below. The City shall have the option to extend the term for an additional one-
year period.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
25B-4
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 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
25B-5
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
8. 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.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. 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 facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
and
Public Works - Design Engineering
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
25B-6
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: California Property Specialists, Inc.
600 W. Santa Ana Blvd., Ste. 115
Santa Ana, California 92701
Attn: Kent Jorgensen
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 facsimile, 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.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. 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.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
25B-7
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. 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.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
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. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25B-8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
CALIFORNIA PROPERTY
SPECIALISTS, INC.
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
KENTJORGENSEN
Principal
Tax ID#
25B-9
25B-10
Exhibit A
SCOPE OF WORK
GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES
Consultants under contract with the City of Santa Ana will provide support to City of
Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the
Statement of Work prior to submitting a response to this Request for Qualifications
(RFQ).
• The Consultant shall perform work to produce a high quality, professional and
complete work product.
• Consultant must have experience with State and Federally funded projects. All
work shall be performed in conformance with all applicable regulations, policies,
procedures and standards.
• Real estate appraisers provided by the Consultant must be certified and a
Member of the Appraisal Institute.
• All acquisition agents and property managers, performing work for the City, must
hold a valid California Real Estate License. Salespersons must be registered with
California Department of Real Estate (DRE), as working solely under the
Consultant's supervising broker of record.
• Work may include, but not be limited to, the following: onsite review of the project
area; review of existing records; conducting research and performing analysis;
information gathering; negotiations; development of strategies.
• The Consultant shall carry out the instructions received from the City and shall
cooperate with the City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the
work produced. The work will be reviewed by the City for conformity with the
requirements of the Agreement. Reviews by the City may NOT include a
detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of Consultant.
• The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work
performed by its sub-consultants and the responsibility for accuracy and
completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Control Plan in effect during the entire time
work is being performed under the Agreement. The Quality Control Plan shall
establish a process whereby work products are independently checked,
corrected and back checked. All projects related correspondences and
documents should be maintained and bound in appropriate project files.
25B-11
• The Consultant shall diligently work on each assignment and complete each task
in accordance with the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspections by City, County, State and
Federal representatives.
• Project files including copies of all correspondences, reports, documents, and
electronic files shall be submitted to the City when requested.
• All work, including reports, analysis, data, and intellectual properties developed
during the life of the Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon
on such notification, the Consultant will proceed with the services required by the
Agreement.
Specific Scope of Work for Proiect Management Services includes:
In general Project management and oversight services include assistant to the Deputy
City Engineer and the staff that oversee the right-of-way & real estate program. The
successful firm will not be selected for any other real estate services. Following is the list
of some but not all the tasks involved:
• Administration of all other right-of-way related consultant contracts
• Establishment of right of way requirements for road widening projects
• Review accuracy of Right of way mapping and legal descriptions
• Review Title reports and identify pertinent information
• Review and comment on Real estate appraisals
• Review and comment on Fixtures and equipment appraisals
• Review and comment on Loss of business goodwill appraisals
• Review and comment on Environmental studies
• Review and comment on Acquisition tasks such as offer packages
• Monitor negotiations done by other consultants
• Review Relocation plan and monitor status of relocation and eviction efforts.
• Monitor condition of City property and provide property management services
• Prepare documentation for administrative settlements
• Provide Condemnation support
• Monitor Demolition activities
• Prepare documentation for Right of way disposition
• Attend meetings and present progress status reports to City staff
• Manage sales activities on City owned property including:
o Set-up procedure to sell surplus property
o Assemblage of smaller parcels into marketable units
o Market for sale properties via traditional and non-traditional methods
25B-12
EXHIBIT A-1
CONSULTANT'S PROPOSAL
25B-13
PROJECT TASKS AND DEIAVERA L S
This section presents CPSI's understanding of the potential project assignment and
our approach to accomplish the scope of services. These procedures assure that the
services provided will produce a successful project In accordance with appropriate
rules and -regulations.
The Public Works Agency of the City of Santa Ana requires the services of a profes-
sional consultant to provide project management services for planned road widening
4..
and intersection projects. CPSI's approach to completing the assignment will be to
iknA partner with the Public Works Department and its staff to gather all the necessary
information to ensure a successful completion to any and all assigned tasks. Our per-
sonnel's past experience in handling acquisition, relocation and property management
for the Public Works Department of Santa Ana will ensure successful completion of
future projects.
rsr CPSI"S DIRECT APPROACI:-1
.y M Although CPSI's team members will always abide by our clients authorized Scope of
bo Work, we are also trained to be cognizant of each client's project goals and what it
"" takes to achieve them. The City's direct contact for Project Management Services will
I
be Mr. Kent Jorgensen. We anticipate the project management service to include the
work assignments listed on the "'Project Management Scope of Services" Document
on the following pages.
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PROJE T MANAGEMENT SCOPE OF SERVICES
1.0 GENERAL
TASK NO.
1.1 PROJECT LOCATION AND PURPOSE
This Scope of Services addresses project management and related services for right
of way activities for the continuation of the Bristol Street Widening Project, Grand
Avenue Widening, as well as various other activities.
1.2 GENERAL DESCRIPTION OF SERVICES
For the purposes of responding to the Request For Proposal for project management
services, California Property Specialists, Inc. (CPSI) will provide right of way services
under the direction of City staff. These professionals will be responsive and maintain
excellent working relationship with the public, City staff and the City's consultants.
CPSI will provide professional right of way services including coordination of apprais-
al, title, Phase II, acquisitions services, relocation assistance, and property manage-
ment activities. CPSI also recommends that the Project Management Team complete
Title Review Reports, prepare all acquisition and relocation packages, and perform
the complex and/or unresolved acquisition and relocation activities on the full acquisi-
tion commercial properties. This may also include but not limited to, coordinating a
Phase I and II ESA's, providing acquisition services, procuring settlements and facili-
tating closings, preparing condemnation case information, providing depositions and
testimony in a court of law, providing business and residential relocation assistance,
coordination of demolition bid package and demolition project oversight.
2.0 PROJECT COORDINATION AND MANAGEMENT
2.1 Meetings - Attend meetings with the City. Meeting minutes, agendas and
reports will be provided when directed by the City.
2.2 Status Reports - Provide and maintain a title, appraisal, acquisition, reloca-
tion and property management status reports for all project personnel to access.
2.3 Sub Consultant Management - Provide management and coordination of
25B-15
2I
services for all consultants.
2.4 Escrow Coordination - Provide coordination services with the escrow company, including
ordering Preliminary Title Reports, Litigation Guarantees, if required, opening escrows, facilitating
escrows for both acquisition of the subject property and replacement property.
2.5 Schedules - Prepare and provide to the City project schedules as needed.
2.6 QA/QC Management -Provide Quality Control Management for all areas-of the project,
including coordinating efforts with the City to ensure a successful and compliant project.
2.7 Project Close Out - Provide services required to finalize and close out the project accord-
ing to appropriate City, State and Federal regulations.
v.. 3.0 TITLE AND WATER RIGHTS SERVICES
p- TASK NP,
3.1 Preliminary Title Reports - Order and monitor completion of Preliminary Title Reports
and receipt of supporting documents. Title reports produced for each parcel will at a minimum
establish legal owners and all valid liens, encumbrances and easements of record. A Title Report
Summary will be completed by the Project Management Staff and with a copy distributed to the
City file, acquisition consultant and City Attorney's office.
ba 3.2 Litigation Guarantees - Order as directed by the City Attorney's office Litigation Guar-
' antees identifying the legal owners and all interests affected in the proposed litigation. Copies of
the report will be placed in the City file and copy distributed to the City Attorney's office.
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4.0 PHASE I AND II ESA AND DEMOLITION ASBESTOS SURVEY
on
TASK NO.
En
4.1 Phase I Environmental Site Assessment Survey - A Phase I study has been per-
r, formed in compliance with the standard practices of the American Society for Testing and Materi-
als (ASTM) Phase I ESA Process (Standard: E 1527-00). Monitor to see that: reasonable attempts
03 are made to interview the existing and former owners of the properties; a visual survey of the
site and adjacent sites were made; a reasonable attempt was made to contact local government
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officials regarding conditions in connection with the property; a review site/area land use history;
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25B-16 22
a review site area geology and subsurface/surface potential for pollutant transport from public
sources. A report containing results of inspections and interviews, site characteristics, record and
historical review information and potential contamination issue, and conclusions and recommen-
dations for any work required. Copies to be distributed to City file, City Attorney, and Property
Management consultant, if required, on site.
4.2 Phase II Environmental Site Assessment Survey - Review with City staff the Phase
II ESA to determine the need for a Phase II ESA Survey. If necessary, coordinate the completion
of a Phase II ESA. Upon receipt of the Phase II report, prepare recommendation for an additional
environmental analysis. Distribute the Environmental Site Report and written recommendations to
City staff and City Attorney's office.
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4.3 Demolition Asbestos & Follow Up Surveys -- Coordinate or assist the Property Man-
agement consultant with the coordination and completion of asbestos and lead surveys. Coordi-
nate distribution of these reports to applicable consultants. Perform follow-up inspections before
the beginning of the demolition process.
5.0 PUBLIC MEETINGS
w TASK NO.
a" 5.1 Public Information Hearing - Facilitate and/or conduct Public Meetings as required by City
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to address acquisition, relocation and related issues.
6.0 APPRAISAL
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6.1 Facilitate - distribution of appraisal assignments including appraisal reviews using the
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City's approved list of qualified appraisers. Obtain fee proposals for given assignments.
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25B-17 23
6.2 Coordinate - meeting with the selected appraiser and review appraiser to review
and discuss USPAP, Uniform Act, and California Code of Regulations, and Title 25 require-
ments. Coordinate with City staff and City Attorney's office the type of reports required
and the required written notice of inspection 'to the owner. In all cases a complete ap-
praisal Is required. The format and level of documentation for an appraisal report depend
on the complexity of the appraisal problem. Complex property assignments are to be
reported in a self-contained, narrative format. A summary report in conformance with
USPAP Standards Rule 2-2(b) is permitted in cases, which, by virtue of their low value
or simplicity, do not require the In-depth analysis and presentation necessary in a self-
contained appraisal report. A summary report may be acceptable on complex property
assignments on a case-by-case basis as determined by the City.
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6.3 Complete Appraisal Summary Statements - Obtain appraisals for each ac-
quisition prepared in accordance with the State of California Laws and USPAP, date
stamp, record information and properly disperse reports. Review appraisal report and
prepare an Appraisal Summary Statement, in accordance with the applicable regulations,
including Assembly Bill 237, These Appraisal Summary Statements will be utilized as part
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of the "Offer Letter."
6.4 Tenant-Owned Improvements - Coordinate and review completeness and
accuracy of fixtures and equipment appraisals. During the initial appraisal process, coor-
dinate with fee appraiser, FF&E appraiser, fee owner and tenant identification and owner-
ship of tenant-owed improvements, if necessary Specialty Appraisals shall be ordered,
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and a copy submitted to the appraiser & review appraiser for inclusion In the appraisal
and appraisal review analysis.
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7.0 APPRAISAL REVIEW- ESTABLISHMENT OF JUST COMPENSATION
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m TASK NO.
7.1 Appraisal Review - If federal funding Is involved with a specific project assign-
t" ment, coordinate and obtain reviews of the appraisals referenced above in accordance
°- with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable
Federal Laws, State of California Laws, Public Law 91-646, Title III, and USPAP.
t1_4 25B-18 24
7.2 Just Compensation Coordination - Upon completion of the appraisal and appraisal
review, the completed reports will be submitted to the City for review of the establishment of Just
Compensation.
8.0 ACQUISITION/SETTLEMENTS & CLOSINGS/PREPARATION FOR CONDEMNATION
TASK NO.
8.1 Parcel Files - Establish and maintain an accurate and complete working file for each parcel
in a format approved by the City.
8.2 Subsequent Review Title Reports - Before the "Offer Package" is prepared, complete
a second review of County Assessors information and title reports, paying particular attention to
ownership and easement lien, and encumbrances.
8.3 Review Right of Way Drawings - Review project plans becoming familiar with the proj-
ect and its impact on the various properties. Verify information on the project plans; correspond
to the legal descriptions, plants and information contained in the appraisal reports.
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8.4 Offer Package - Prepare "Offer Package" in accordance with City approved format. At
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minimum, the "Offer Package" will include a receipt form (listing contents of Offer Package) and
?. present the written offer letter to the property owner, along with the appraisal summary statement,
acquisition brochure, Title VI information, Tenant Information Statement, Language Translation
form. Before distribution to the acquisition agent, the complete Offer Package will be submitted to
the City Attorney's office for approval.
8.5 Acquisition/ Negotiations Parcels - Distribute to consultants in accordance with City
?. staff directives. Coordinate and track communications, negotiation progress and consultant suc-
cess, via an approved tracking report. Offers to out of area owners will be mailed Certified Return
Receipt Requested. On complex and unresolved cases, assist acquisition group in case resolution
to accommodate project parameters.
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8.6 Administrative Settlement Proposal Recommendations - For unre-
solved cases, review and provide a written recommendation together with support
documentation on all counter proposals submitted by the property owners to the City
for review and approval/disapproval.
8.7 City/Owner Liaison - Provide liaison duties between the City, other consul-
tants and property owners.
8.8 Contact Documentation - Thoroughly document all contacts with the prop-
erty owner and/or their representative indicating attendees, time and place of meet-
ings. Documentation will include thorough diaries and copies of all correspondence
and emalls. Diaries should be updated immediately after each contact, if possible,
and retained in the permanent acquisition file.
8.9 Close Out Acquisition Pile - Close out file, provide final reports and deliver
complete files to the City upon completion of the project assignment.
9.0 RELOCATION ASSISTANCE
TASK NO,
9.1 Residential Relocation Packages - Prepare "Relocation Packages" in ac-
cordance with the City approved format. At minimum, "Relocation Package" will in-
clude a receipt form (listing contents of Relocation Package), General Information
Notice, Relocation Brochure, Title VI Information, Certificate of Occupancy State-
ment, and Language Translation Statement. Before distribution to the acquisition
agent, the complete Offer Package will be submitted to the City Attorney's office for
approval.
9.2 Purchase Price Differential or Rental Assistance Payment Entitle-
ment - Review entitlement packages submitted to the City for approval, in ac-
cordance with applicable rules and regulations. This will include but not limited to
market data, selection of most comparable properties, completion of necessary data
forms and of entitlements. The Oversight Team will coordinate approval of the relo-
cation assistance entitlements and document the file accordingly.
26
25B-20
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9.3 Moving Options - Upon submission by consultant, review requested moving
entitlements based on room count or if necessary, submitted moving bid estimates.
When required, provide guidance to the Relocation Consultant regarding the selection
of a moving option, prepared moving agreement, obtain signatures, if required, and
monitor move.
9.4 General Eligibility Notices- Prepare and issue all General Eligibility Notices
to potential relocatees advising them of their potential relocation and eligibility for
benefits.
9.3 Notices - Prepare and deliver entitlement letters, notices, including the Gen-
eral Information Notice, 90 and 30-Day Letters.
9.6 Relocation Advisory Assistance - For complex business relocation cases,
provide relocation advisory assistance from the initiation through completion stag-
es. Advisory services consist of providing housing referrals, determining relocation
needs, explaining benefits, performing housing inspections, providing transportation
as needed to displacees searching for replacement housing, providing counseling or
advising of other sources of assistance that may be available.
9.7 First Level Appeals - Coordinate and handle first level appeals, if required.
9.8 Relocation Payment Packages - Review claim forms and relocation payment
packages with reference to the appropriate regulation, to ensure proper documentation
to for audit and payment,
9.9 Close Out Relocation Files - Close out file, provide final reports and deliver
complete files to the City upon completion of the work assignment.
10.0 DEMOLITION BID PACKAGE PREPARATION
When required and approved by the City, CP5I and/or sub-consultant shall perform
the following services related to management of demolition activities: Assist the City
In the advertisement for procurement of and administration of demolition contracts in
accordance with the City's policies and procedures for competitive bidding.
25B-21
27
?. rate specification bid packages that abatement and demolition contractors can use to provide a
detailed cost estimate. This work will include site meetings with the contractors fro the bid pro-
I- cess, job walk, and the preparation of an addendum for clarification of any question in regards to
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specification changes if required.
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10.3 Asbestos Abatement Monitoring & Visual Clearances - Monitoring of the project
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,- during the abatement process. Provide all documentation collected during the process and provide
.W visual inspections of all regulated areas prior to the demolition process. Air Quality Clearances will
not be recommended as long as all units are sealed following abatement and signage remains in
place during the demolition process. If materials are allowed to be salvaged, full air.quality clear-
ances will be required for each regulated area after abatement.
10.4 Demolition Supervision & Coordination -Provide adequate field supervision of demoli-
Sao tion activities to ensure compliance with all City policies and procedures as well as all terms of the
® demolition contract. Perimeter air monitoring will be required during the demolition process the
first day, if the removal of ACM's is necessary and final air quality clearances are not conducted.
t 11.0 ESCROW COORDINATION
L", Task No.
11.1 Monitor Escrows -- Coordinate with title companies and open escrows on all purchases.
Monitor escrows, review all escrow documents, request funds from City and ensure that the City
receives title insurance policies in the amount of the purchase cost of the land and improvements
and clear title to all properties acquired.
11.2 Partial Acquisition -- Special attention will be given on partial acquisitions, due to the
1.w difficulty in obtaining partial release documents on a timely basis. At the City's option, the Project
28
25B-22
Management Team will complete the entire escrow and work directly with the title company to
obtain the necessary Title Policy.
12.0 PROPERTY MANAGEMENT OVERSY'OHT
Task No.
12.1 Status Reports - Provide or coordinate, with property management consultant, bi-
monthly Status Reports showing critical milestones.
12.2 Sub Consultants Management - Provide management and coordination of property
management services with City and other consultants.
12.3 Monitor and Control Budget Expenditures - Prepare, monitor and track project
budget expenditures and assist the City with Funding reimbursements.
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CPSI Created a plan to allow this medical center to remain open
for business during the Bristol St. Widening project by using a ren-
.. ment parcel.
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25B-23
TABLE RESOURCE CHART
ORGANIYATIONAL CHART
CPSI pledges that we will not remove or change any member of the Santa Ana/CPSI orga-
nizational chart without the prior consent of the City.
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PROJECT MANAGEMENT
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25B-24
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EXHIBIT B
FEE SCHEDULE
25B-25
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CPSI is submitting the proposed pricing to provide the services for each work task
described in the City's RFP, Attachment 1, Scope of Work.
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Right of Way Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE I -- HOURLY RATES
Name Job Title/Classifi- Job Function Fully Burdened
cation Hourly Rate''
Kent Jorgensen Project Manager Project Mana er $125.00
Jackie Martinez Right of Way Right of Way $75.00
Technician Tasks
*"Fully Burdened" Rates include all overhead, general costs, administra-
tion costs and profit.
Below, please find our list of key personnel and their job functions (City's Exhibit A).
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25B-26
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