Loading...
HomeMy WebLinkAboutOVERLAND, PACIFIC & CUTLER, INC. -2014INSURANCE AOS' ON FILE WORK MAY T PROCEED CLERK OF COUNCIL DATE: ApR 1 5 2014 o .c1AlNaVa1cVtlilliltrk AGREEMENT FOR PROVISION OF APPRAISAL CONSULTANT SERVICES THIS AGREEMENT, made and entered into this I" day of January, 2014 by and between Overland Pacific & Cutler, 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 issued Request for Qualifications (RFQ 13-053) on September 12, 2013, in order to retain a consultant having special skill and knowledge in the field of professional real estate appraisal 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: 1. SCOPE OF SERVICES Consultant shall provide real estate appraisal consulting services, including preparation of studies and technical reports and other necessary services, on an on-call basis, at the written direction of the Executive Director of the Community Development Agency, or his/her designee, in compliance with the Scope of Work, attached hereto and incorporated herein as Exhibit A. The Consultant will provide an experienced, educated and professional team, whose Project Manager and staff shad be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. Consultant acknowledges and agrees to all of the terms and conditions of each of the exhibits attached hereto and incorporated herein. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Community Development Agency, or his/her designee, and the representative of the Consultant shall be the Program Manager or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have N-2014-036 the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 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. 4. 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 and incorporated herein as Exhibit B. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Invoices. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number ii. Beginning and ending dates of services iii. City project number and/or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional real estate appraisal consultant. 5. TERM This Agreement shall commence on the date 'first written above and terminate on December 31, 2017, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Community Development Agency and the City Attorney, 6. 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. 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 and in the aggregate. Such insurance shall be endorsed as follows: (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, (Sample Additional Insured Endorsement attached hereto as Exhibit C.) b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 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. 8. 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 negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Consultant 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 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, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. 9. 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. 10, 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. 11. 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: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 Courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6549 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Consultant: Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200 Irvine, California 92618 Attn: Kevin Donahoe Phone(949)951-5263 Fax (949)951-6651 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. 12. 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. 13. ASSIGNMENT hiasmuch 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. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 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. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, authority, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and Federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 etseq, and the Unruh Civil Rights Act, Civil Code § 51 etseq. 16. 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. 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. 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. {Signatures on following page) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR G Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: e Lisa torcl< Assistant City Attorney RECOMMENDED FOR APPROVAL: Nancy Fong, Interim Exec Community. Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Overland, Pacific & Cutler, Inc. l �I.J�UNLL LIST OF EXHIBITS: Exhibit A — Scope of Work Exhibit B — Proposers Statement & Fee Schedule Exhibit C — Additional Insured Endorsement Exhibit D — References Exhibit E — Proposal & Contract Agreement/Proposers Statement Exhibit F — Certification of Non -Discrimination Exhibit G — Non -Collusion Affidavit 10 EXHIBIT A CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES SCOPE OF SERVICES INTRODUCTION The Community Development Agency issuing this Request for Qualifications (RFQ) for Appraisal Services to obtain professional appraisers for non -condemnation purposes exterior -only appraisals and appraisals with inspections on an as needed basis. The Community Development Agency is seeking a professional appraiser to provide the following services: • Single Family Residence Drive-by Appraisals (One to Four Units) • Single Family Residence Appraisals with Inspection (One to Four Units) • Income Property Appraisal, both Commercial and Residential • Desk Reviews • Field Reviews The Agency will enter into a contract with the individuals or firms selected to provide these services. City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 9 EXHIBIT B CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES PROPOSERS STATEMENT AND FEE SCHEDULE Certification — I certify that I have read, understand and agree to the terms and conditions of this Request for Qualifications. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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. TYPE OF APPRAISAL FEE RANGES APPROXIMATE TURN AROUND TIME Single Family Residential Interior and Exterior $1,000-$1,500 10-15 days Exterior Only $900-$1,350 10-15 days URAR Form Appraisal $900-$1.400 10-15 days Multi -Family 2-4 Units $1,800-$2,400 10-15 days 5-10 Units ----$2,200-$2,800 15-30 days 11-20 Units 21-30 days 21-30 Units ----$3,500-$4,500 91-30 days 30+ Units $4,000-$6,000 30-40 days Multiple buildings $Z500- $4,500 - 40 days Commercial (Mixed Use, etc) Form $2.000-$4,000 15-30 days Narrative $3,500-$10.000 30-45 days Vacant Land Form $1,500-$4,500 15-21 days Narrative $2,000-$5,000 Desk Reviews Form $500-$1,500 5-15 days Narrative 10-15 days Satisfactory Completion Certificate Rush Service 25% to 50% of fee *If your firm offers additional services that are appropriate, please include them in your fee schedule. City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 10 Overland, Pacific &Cutler, Inc. 562.304.2000/562.304.2020 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER 3750 Schaufele Avenue, Suite 150, Long Beach, CA 90808 BUSINESS ADDRESS Brian Everett Program Manager/President PRINTED NAME OF AUTHORIZED AGENT TITLE 10.15.2013 beverett@opcservices.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS Fed Tax ID #95-3559948 FEDERAL ID NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 11 Proposal to Provide Appraisal Services for the Housing Division of the City of Santa Ana Hourly Rates Managing Director / Director $275.00 per hour Senior Valuation Analyst $225.00 per hour Valuation Analyst $150.00 per hour Assistant Valuation Analyst $105.00 per hour Project Support Specialist $75.00 per hour Administrative Assistant 1 $40.00 per hour BILLING TERMS: OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile, and mobile communication charges a normal part of doing business and such costs are Included in the stated hourly rates. Out-of-pocket expenses including pre -approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%). In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract. Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge. OPC will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable. 25 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company Venbrook This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza M-37, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are names as additional insured(s) ("additional insured(s)" with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of additional insured(s). 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person of organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured(s), this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-37, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Please see note this endorsement form as part of Policy # Issued to Overland, Pacific & Cutler, Inc. Name Insured Countersigned by: Authorized Representative Please find attached sample Certificate of Insurance. Formal certificate will name City of Santa Ana as Certificate holder. City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 12 EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required for additional references. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Address: City of Palmdale Contract Individual: 38250 Sierra Highway Phone Number: Palmdale, CA 93550 Facsimile Number: Contract Amount: $12,500 Year: Description of appraisal services provided: Michael Livingston 661.267.5312 2012 Project: Safe Routes to School Project. Appraisals of multiple properties for partial acquisition of roadway and pedestrian Reference No. 2 Customer Name Address: of Burbank 275 East Olive Avenue Burbank, CA 91502 Contract Individual: Phone Number: Facsimile Number: Contract Amount: $8.500 Year: Description of appraisal services provided: Valuation of Strip Retail Building for possible loan collateral. City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 13 Mary Hamzoian 818.238.5180 2011 Reference No. 3 Customer Name: City of Moreno Valley Contract Individual: Address: 14177 Frederick STreet Phone Number: Moreno Valley, CA 92552 Facsimile Number: Contract Amount: $20,000 (part of contract) Year: Description of appraisal services provided: Larry Gonzales 951.413.3136 2013 Project: Partial acquisition appraisal of 4 vacant and improved properties for Nason Street Widening Project TO BE INCLUDED IN PROPOSAL City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 14 EXHIBIT E CITY OF SANTA AND COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFQ (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 here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form for this document, and its execution, and when it or an exact copy of it ahs be 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 bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check drafts, 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 damagers due to the delay and other causes suffered by City because of failure to enter into an Agreement and/or furnish 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 RFQ schedule are solely for the purpose of comparing qualifications, 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 Non -Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFQ. Overland, Pacific & Cutler, Inc. FIRM Brian Everett SIGNED AND PRINTED NAME Program Manager/President 10/14/2013 TITLE DATE TO BE INCLUDED IN PROPOSAL City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 15 EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor 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 limited to, the following: employment, upgrading, demotions, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor 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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreements or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor complies 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 Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and order 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 the Contractor's non-compliance with the non-discrimination 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 contractor may be declared ineligible for further Government contracts or federally assisted construction/ services contracts in accordance with procedures authorized in Executive Orders 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 Contractor 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 City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 16 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 Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons 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 Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. Overland, Pacific & Cutler, Inc. f FEWA Brian Everett SIGNED AND PRINTED NAME Program Manager/President 10/14/2013 TITLE DATE City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page 17 TO BE INCLUDED IN PROPOSAL EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR QUALIFICATIONS FOR APPRAISAL SERVICES NON -COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United State Code Section 112 and Public Contract Code 7106 the PROPOSER declares that this bid Is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid 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 bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, 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 bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid 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 bid are true; and, further, that the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 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. State of California County of (i)��9 Subscribe/s Subscribed and sworn to (or affirmed) before me on this day of { ° � 2013 'by C...,, (i s 4e AJ SAA+ 1�- , proved to me on the basis of satisfactory evidence to the persons) who appeared before rri4. LL KANE W N COMM. # CALIFORNIA 1890236 ofary My CONPublic Signature Notary Public Seal A, EXP.Couerr NE MAY 20, 7014 " City of Santa Ana Community Development Agency Request for Qualifications Appraisal Services Page IS a DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE, DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER VenbrGo'k Insurance Services CA LGC OD80832 6320 Canogga Avenue, 12th Floor Woodland Hills, CA 01367 ACT ME: NAME: PHONE 81-598-8900 arc Non: 818-598-8910 E-MAIL ADDRESS: A INSURERS. AFFORDING COVERAGE NAlC# COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑✓OCCUR INSURER : Hartford Accident and Idemnit Com an 22357 www.venbrc)ok.com .'' INSURED Overland Pacific & Cutler Inc. 3750 Schaufele Avenue, INSURER B : Hartford Fire Insurance Company 19582 INSURER c : Hartford Casualty Insurance Company_28424 Stinel insurance Company, Limited 11000 Suite 150 Long Beach CA 90808 n Cit Fire Insurance Com gD 29459 aINSURE stern World Insurance Company 1319E COVERAGES CERTIFICATE NUMBER: 25736181 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OF INSURANCE IVSD WVD POLICY NUMBER MM! POLICYIYYYY EFF POLIO YYYY Y EXP LIMITS A 1/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑✓OCCUR ✓ 72UUNTR7859 6/1/2015 6/1/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMkSES Ea nccurcemc® $_ 300,000 M ED EXP (Any one person) $ _ 10,000 $10,000 BI&PD Ded. Per Claim PERSONAL & ADV INJURY --. $ 11000,000 GEN'L AGGREGATE (LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,000 POLICY ® JE® ✓� LOC PRODUCTS - COMPIOP AGG $ 2,000',000 Emp. Ben. Liab, Occ. $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY 72UUNTR7859 611/2015 6/112016 COacBadeDSINGLE LIMIT $ 1,000,000 ....$ BODILY INJURY (Peer person) ANY AUTO AALILLOS NED ✓ SCHEDULED AUTSNON.-OWNED BODILY INJURY (Per accident).. $ HIRED AUTOS ✓ AUTOS PROPERTY DAMAGE:. Per accident.. $ ✓ om $1,000 V Coll $1,000 C UMBRELLA LIAR OCCUR 72RHUTR7849 6/1/2015 6/1/2016 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000' EXCESS LIAR CLAIMS -MADE. DED I I RETENTION $ ''....... $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORtPARTNER/EXECUTIVE❑ OFFICERIMEMBER EXCLUDED? NIA 72WEDC14300 6/1/2015 611/2016 ,/ SPER TATUTE nTRH E.L. EACH ACCIDENT $ 1,000,000 - E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 F Professional Liab. BRL0009106 6!1/2015 611/2016 $2,000,000 Each Claim Claims Made $2,000,000 Aggregate Retro Date: 6/30/03 $50,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Sched'uke, maybe attached If more space Is required) RE: The insurance is for On avail Appraisal Services with the Housing Authority of the City of Santa Ana Housing Authority of the City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured per the attached endorsement #CG2026 (excl work comp) on primary & non-contributory basis where required by contract. Subject to policies" terms, conditions, and exclusions. *10 Days Notice of Cancellation for Non Payment of Premium, 30 Days All Others. WT CERTIFICATE HOLDER CANCELLATION Housing Authority Of the City Of Santa Ana HOU Hou. BOX litho P.OACCORDANCE 20 Civic Center Plaza ( M-36 ) Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (WH) Wendy Filice @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 25'736183, 00000n 19 1 15/15 GL AU WC UM9 PROFi (WH) Linda. Doyenart I 7/27/2015 3:341:3.5 PM IPD'T) I Page 1 of 3 POLICY NUMBER. 72UUNTR7859 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N a ar MIS] ILI IM 1-901 This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILrry COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Housing Authority of the City of Santa Ana P.O. Box 1988 20 Civic Center Plaza ( M-36 Santa Ana CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations, Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organ ization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "Personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 @) ISO Properties, Inc., 2004 25736181 1 GOD00019 1 15/16 GL AU WC UM2 PROF I 1WH) Linda Dayenart 1 7/27/2015 3:30:15 PM (=) II Page 2 of 3 Page 1 of I .that are in excess 6f the applicable limit of li*nsurance,. An agreed settlement means a settlement and release of liability signed by LIS the Insured and the clairrant,or the claimant's legal representative, 4.: `Other Insurance ,If other valid and collectible insurance is available to, :the insured for a loss we cover,uridef Coverages A oi- B of this Coverage Part, Our obligations are Jimited as :follows: ,a. Primary Insurance This insurance is primary except when b. below applies. If other insurance 4s also primary, we will share with all that other insurance by the 'method described in c. below.. Excess Insurance This insurance is excess over any of the other insurance, whether primaiy, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended CoverageBuilder's Disk„, Installation Risk or Similar coverage for "your v to r"; (2) Preirnis0s-Rented To 'ydu That is fire, lightning Or explosjrid insurance for premises rented to you OF temporarily occupied. by you with permission of the owner; r ,�3) Tenant Liability That Is insurance purchased by you to cover your liability as a tenant for "properly damage" 10 pferniW5 rented to you or temporarily occupied by you with permission of the owner' X4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance Or use.. of aircraft, "autos"' or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability,. 6) Property Damage to Borrowed Equipment Or Use Of Elevators If (lie loss arises out (if ""properly damage" to borrowed equipment or the use of elevators to the extent not Subject to Exclusion j. of Section I - Coverage A - Bodily Injtlry And Property Damage Liability; 16) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the pe6ftaes of operations, or products and completed operations, f0f-W111011 YOU have been added as an additional insured by that I1`115UIWICC;, Or Page 14,6fA-S I 171, Wben You Add Others As Afr A-4 'q4tol Insured To ThIsInsurance Any other insurance available to a0- additi6nAl ensured. however, the.1followin.9 provt'sloris apply'to other AISUrance available to arty person (x organization who is an additionalinsured under thts coverage part. Primary -Insurarir-0, 'Whoa Fb,1,Q,rX1r0d By Contract This insurance is i5lrim-ary if you have agreed In -a written contract or written agreement 4hat this Insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below, ,4b) Primary And Non-Corifiributory To Other Insurance When Required By Contract If You have agreed In 9 written contract,, written agreement. or permlit. that ttiis. insurance is primary and non-contributory with the additional insured's own insurance, this Insurance is primary and we will not seek contribution from that other insurance: Paragraphs (a) arid (b) do not apply to,other insurance to which the additional insured fia6. been added as an additional insured. When this Insurance is excess, we will have no, duty under Coverages A or B to defend the insured .against any "3URt' if any Other insurer has a duty to defend the insured against that "suit". If no other insurer clefefids, we will undertake to do so, but we will be entitled to the insured's rights agairl5t, RIJ those other insurers. 'VVhefl this Insurance is excess over other J . nsurance, we will pay only our share of the arrIOLint of the loss, if any, that exceeds the Sum nr: (f) The total amount that all such other Insurance would pay for the loss In the absence of this insurance; and (2) The total of ail deductible ible and self-insurpfl amounts Linder all that other insurance. We will share the remaining lass, if any, with any other insurance that is not described In this Excr,55 lnstiranGC provision and was.not bOLIght specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this Coverage Part. c., Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under 'this approach each Insurer contributes equal amounts until it has paid its applicable limit of Insurance or none, of,the loss remains, whichever ,comes first, 3 25736181 9 OODOO�019 q 15/16 M, AU WC OM13 PROP I (WH) Linda Doyenart 1 7/27/2015 3;30:35 PM (PDT) I Page 3 of 3