HomeMy WebLinkAbout25D - AGMT - ON CALL SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING, DATE:
OCTOBER 4, 2016
TITLE:
AGREEMENTS FOR ON -CALL RIGHT -
OF -WAY COORDINATOR AND
PROPERTY APPRAISAL SERVICES
(NON- GENERAL FUND)
(STRATEGIC PLAN NO. 6, 1G)
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CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
C].l As Amended
0 Ordinance on 1 " Reading
0 ordinance on 2nd Reading
C] Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute four on -call right -of -way specialty
service agreements with the firms listed below to perform the activities listed for three -year terms
expiring October 5, 2019, with provisions for one, two -year renewal option exercisable by the City
Manager and City Attorney, for a total not -to- exceed amount listed for each firm over the entire
life of the agreement, including any renewal period, subject to nonsubstantive changes approved
by the City Manager and City Attorney:
Service / Firm Total Contract Amount
Real Property Coordinator
1. Civil Source, Inc.
$300,000
Right -of -Way Property Appraiser
1. Lidgard and Associates $200,000
2. Kiley Company $200,000
3. Bender Rosenthal, Inc. $200,000
DISCUSSION
Approval of the recommended action will provide for on -call right -of -way coordinator and property
appraisal services as needed to complete Public Works projects. These services will be utilized
for the current Capital Improvement Program, including Bristol Improvement Phases 3A, 3B and 4
and the Warner Avenue Improvements project. In addition, these on -call services will support
City staff in the day -to -day oversight of right -of -way tasks, such as deed research and cost
estimates for all Public Works projects; reviewing existing leases, licenses, franchises,
easements, permits and other agreements; and providing property appraisal services for property
acquisitions.
25D -1
Agreements for Right -of -Way Coordinator and
Property Appraiser
October 4, 2016
Page 2
On August 3, 2016, the Public Works Agency released a Request for Proposals (RFP) to qualified
consulting firms to provide on -call right -of -way services. The RFPs were also posted on the City
website. Two proposals were received for Right -of -Way Coordinator and four proposals were
received for Property Appraisal Services, and all six were deemed responsive. These proposals
were evaluated by personnel from the Public Works Agency and the City Attorney's Office. Each
firm was rated according to its qualifications, experience, capacity to perform the required work,
and proposed cost and pricing data. Following is the list of the firms and their respective scores:
Right- of -Wav Coordinator
1.
Civil Source, Inc.
91.6
2.
CPSI
77.6
Real Prooertv Aooraisal Services
1.
Lid and & Associates
87.8
2.
Kiley Company
84.6
3.
Bender Rosenthal, Inc.
84.2
4.
Overland, Pacific, and Cutler, Inc.
78.9
Based on the ratings, staff recommends that the top firm for the Right -of -Way Coordinator and
the top three firms for Property Appraisal Services be retained for the respective on -call services
as indicated in the Recommended Action. Most of these firms have assisted the City with right -
of -way and property management services in the past, and they have demonstrated good track
records.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
On -call agreements are utilized based on the City's approved Capital Improvement Program
budgets. Funding will be verified by Finance & Management Services for each task order for this
work during Fiscal Years 2016 -17, 2017 -18, 2018 -19, and 2019 -20, as needed, prior to issuance
of notice to proceed.
25D -2
Agreements for Right -of -Way Coordinator and
Property Appraiser
October 4, 2016
Page 3
C j /)- -
Fre M usavipour
Executive Director
Public Works Agency
FM /EWG /JG /ML
Exhibits: Agreements:
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
1. Real Property Appraisal Services — Lidgard & Associates
2. Real Property Appraisal Services — Kiley Company
3. Real Property Appraisal Services — Bender Rosenthal, Inc.
4. Right -of -way Program Management— CivilSource Inc.
25D -3
25D -4
AGREEMENT TO PROVIDE RIGHT -OF -WAY PROPERTY
APPRAISAL SERVICES ON AN ON -CALL BASIS
THIS AGREEMENT is made and entered into this 4th day of October, 2016 by and between Lidgard and
Associates, Inc. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City"),
RECITALS
A. On August 3, 2016, the City issued Request for Proposal No. 16 -091, by which it sought
consultants to furnish right -of -way property appraisal services on an on -call basis.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of work that was
included in RFP No. 16 -091 and attached herein as Exhibit A.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable
in its field and that any services performed by Consultant under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows;
1. SCOPE OF SERVICES
On an as- needed basis, and at the sole discretion of City, Consultant shall furnish the services that
are described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though
fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minirnum or maximum compensation to
Consultant tinder this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The total
stun to be expended Corder this Agreement, including any extension period, shall not exceed
$200,000.
b. Payment by City shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payrment need
not be made for work that fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3, TERM
This Agreement shall commence on the date stated above and continue through October 3, 2019,
unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be
extended for a single (2) two -year period upon a writing executed by the City Manager and the City
Attorney. EXHIBIT 1
25D -5
4. 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 mariner in which Consultant performs the services which are the
subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in
a manner consistent with all applicable standards and regulations governing such services, Consultant shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
5, OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that
City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Da.ta. Consultant makes no such representation and warranty in regard to Documents
& Data which were provided to Consultant by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain aid maintain insurance as described below:
a. Commercial General Liability hnsurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
aid 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
lirnit coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
in the aggregate. Such insurance shall (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.
Business automobile liability insurance, or equivalent form, with a connbined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired aid non -owned automobiles.
25b -6
C. Workers' Compensation Insurance. In accordance with the California Labor Code,
Consultant, if Consultant has any employees, is required to be insured against liability for
workers' compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $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 by the City,
(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,
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
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 terminate
this Agreement, Such termination shall not affect 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.
INDEMNIFICATION
Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injuny,
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 or willful
misconduct of the Consultant or its, 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 farther 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
25D -7
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, Consultant's indemnification obligations in this
section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782,8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives,
and employees against any and all liability or losses, including costs and attorney's fees, for infringement
of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or
documents provided or used by Consultant under this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other docuuments created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such infonnation except in the performance of this Agreement, and farther 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 an obligation of confidentiality; (d) is required to be disclosed by operation
of law; or (e) is independently developed by the Consultant without reference to information disclosed by
the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with the perforrmance of services specified under this
Agreement.
P
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 4988
Fax 714- 647 -6956
With courtesy copies to:
To Consultant:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Lidgard and Associates, Inc.
2592 North Santiago Boulevard
Orange, California 92867 -1862
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant
regarding the subj act matter therein, and supersedes any and all other agreements, oral or written, between
the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not 'bind or obligate Consultant or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein.
25D -9
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a
waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute
a continuing waiver unless the writing so specifies.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (3 0) 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, City may require Consultant to deliver to the City all work
product completed as of such date, and in such case such work product shall be the property
of the City unless prohibited by law, and Consultant consents to the City's use thereof for
such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
17. NONDISCRIMINATION
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
or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be 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 maybe brought or arise out of, in connection
with or by reason of this Agreement.
256610
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions. Said 'usability shall be cause for
termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By. /'vi Y' _
Jobn Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour, Executive
Public Works Agency
CITY OF SANTA ANA
David Cavazos
City Manager
CONSULTANT:
Name:
Title:
25D -11
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25D -12
CITY OF SANTA ANA
RFP NO.: 16 -091
ON -CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
SCOPE OF WORK
Introduction and Background:
The City of Santa Ana, is issuing this Request for Proposals (RFP) to qualified Right of Way Property
Appraisal firms to,provide property appraisal services for the City of Santa Ana Public Works Agency on an
as- needed basis. From the proposals received, it is the City's goal to select up to two firms, The City will
enter into separate agreement with each firm for a not to exceed amount of $200,000. Work will be assigned
by Contract Task Orders (CTO). As tasks are identified, they will be distributed among the firms based
upon their ability to perform the required work within the prof cot schedule and budget constraints.
Minimum Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http: /hvww. dot.ca.gov/liq /row /rownran/tnanual /index.htnL
Description of Work:
Consultants under contract with the City of Santa Ana will provide support and services to City of Santa Ana
staff or their designee on an as- needed basis. The Consultants shall be thoroughly familiar with the Statement
of Work prior to submitting a response to this Request for Proposal (RFP).
• The Consultant shall perform work to produce a high quality, professional and complete work product.
• Consultant must have experience with State and Federally funded projects, All work shall be performed
in conformance with all applicable regulations, policies, procedures and standards.
• Work may include, but 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 instnictions received from the City and shall cooperate with the City
and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the work produced. The
work will be, reviewed by the City for conformity with the requirements of the Agreement. Reviews by
the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of the Consultant.
• The Consultant shall be. responsible for coordination and supervision of all work performed by its sub-
consultants. The Consultant shall review all work performed by its sub- consultwts and the
responsibility for accuracy and comploteness of work performed remains solely that of Consultant.
25D -13
CITY OF SANTA ANA
RFP NO., 16 -091
ON-CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
The Consultant shall have a Quality Assurance /Quality Control (QAlQQ plan in effect during the entire
time work is performed under the Agreement. The QA /QC plan is intended to ensure that the appraisals,
maps, reports, plans, studies, estimates, agreements and other docutents submitted Linder assigned Scope of
Work are complete, accurate, checked, and proofread to meet professional standard practice requirements,
and to monitor work for conformance with the appropriate standards and policies. Additionally, all
electronic files shall conform to the City's file naming system.
• The Consultant shall diligently work on each assignment and complete each task in accordance with the
schedule and accommodate the City's needs.
• The Consultant's work will be, subject to inspection and audit by City, County, State and Federal
representatives.
• Prgject files including copies of all correspondences, reports, documents, and electronic files shall be
submitted to the City when requested and electronically updated monthly. The schedule and/or status
report may require updating more frequently.
• All work, including reports, analysis, data, and intellectual properties developed during the life of the
Agreement sb,all 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.
Scope of Work.
Consultant shall prepare appraisal services that include full and partial acquisition for residential property;
commercial property; industrial property; easements; special use or zoned property; and review appraisals.
Appraisal Services shall be in accordance with federal, state, and local regulations, policies, procedures and
standards. Consultmt must make every effort to meet with the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
• Prepare appraisal report in accordance with the State of California Laws and the Uniform Standards of
Professional Appraisal Practice (USPAP)
• Research records, inspect the site and communicate with the property owner in preparation of the
appraisal report, This might require multiple attempts for site visit and inspection.
• Prepare Real Estate Appraisal reports for full and partial acquisition
• Prepare Appraisal Summ,aty Statements to accompany City's Offer Package
• Prepare Valuation of City's Landscape Setback Basement requirements
• Prepare detailed appraisal report necessary for condemnation
• Coordinate with Fixtures and Equipment Appraisers
• Coordinate with Business Goodwill Appraisers
• Communicate with property owners in writing and as required to obtain adequate information to prepare
the report
• Prepare all necessary correspondence, letters and reports
• Provide effective communication with engineers, planners, attorneys, and City staff
• Comply with federal, state and Local regulations
25D -14
CITY OF SANTA ANA
RFP NO.: 16 -091
ON -CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
• Create files and maintain all records
0 Provide condemnation consultations as necessary
d Attend rnoatings /public hearings and conduct presentations
a Provide expert witness testimony as required for condemnation proceeclings
• Coordinate and review of Phase I and Phase II Environmental Studies
0 Review appraisal reports prepared by other consultants as required by the City and prepare review
summary
• Prepare Review Appraisal Reports (Required For Federally Funded Projects)
9 Coordinate, direct and obtain Review Appraisals in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act (Uniform Act) and Caltrans guidelines
Examine all appraisals and corresponding reports
a Seek any corrections or revisions deemed, appropriate
• Prepare Dual Appraisal Report as required for federally funded projects under Caltrans Guidelines
• Real estate appraisers must be certified and a Member of the Appraisal Institnte.
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrars' Audits and Investigations (A &I), other state audit organizations, or the federal
govonnment. The selected Consultant shall complete Exhibit 10 -TC — Consultant Certification Contract Costs
and Financial, in the Appendix of this UP as Attaclunent 4,
City Responsibilities:
The City will provide information in its possession relevant to preparation of required information in RFP. The
City will provide only the staff assistance aril documentation specifically referred to herein.
Special Reauirenients (Attachment 4):
Compliance with Requirements of Funding Agency:
o Consultant Audit and Review Process ( Caltrans funded contract)
o This project is funded through Federal and Measure M2 and shall comply with all requirements of
Caltrans and OCTA
The attached forms must be completed in their entirety and submitted with your proposal:
• LAPM Exhibit 10 -H : Fee Proposal
• LAPM Exhibit 10 -T : Notice to Proposors, DBE Information
• LAPM Exhibit 10 -K: Consultant Certification of Contract Costs and Financial management
System
• LAPM Exhibit 10 -01: Consultant Proposal DBE Commitment
o This project will be financed by federal Rinds. Consultant shalt meet all required federal
requirements included in this request for proposal. Consultants are advised that, as required by
federal law, the City of Santa Ana is i.re lementing the new Race Conscious Disadvantaged Business
Enterprise (DBE) Program. The DBE goal for this contract is 4.0 %.
25D -15
17
25D -16
.FEE PRQPOSAL
The formats of 'the sample cost proposals identified as Exhibit 10 -H in the
RFP are not adaptable to the scope of real estate services proposed herein.
The following fee schedule includes all expenses incurred in connection with
the real estate appraisal service and will remain firm for the three -year
contract period. In the event Lidgard and Associates, Inc. is authorized to
engage appraisal services for specialized equipment items or business
valuations, it is assumed that the fees for said services will be reimbursed.
Further, the fee schedule is intended to cover all relevant items set forth in
Exhibit 10 -H. The consultant's billable rates will not include mark -ups for
overhead and profit.
It is understood that no additional payment will be made for those items.
Additionally, the City does not reimburse for travel, mileage, nor the use of
computer equipment.
Single Parcel Multiple Parcel
Property Type - Assianments Assianments
Partlal Take Aoquisltlons.
Vacant land: $3,000- $3,500 $2,200 - $2,700
Noncomplex residential takes: $2,500 - $3,000 $2,200 - $2,700
Complex residential takes: $3,000 - $4,000 $2,500 - $3,500
Noncomplex commercial takes: $4,300-$5,000 $3,300-$4,000
Complex commercial takes: $5,000 - $6,000 $4,000 - $5,000
Noncomplex industrial takes:
Complex industrial takes:
Full Take Acquisitions:
Vacant land:
Single family residential:
Multiple family residential:
2 -10 dwelling units:
11 -20 dwelling units:
30+ dwelling units:
Commercial properties:
Single tenant buildings:
Multiple tenant buildings:
$4,300 - $5,000 $3,300 - $4,000
$5,000 - $6,000 $4,000 - $5,000
$2,800 - $3,400
$2,750 - $3,100
$2,650 - $3,500
$3,500 - $4,500
$5,000+
$3,500 - $4,500
$4,000 - $5,000
$2,500 - $3,000
$2,600 - $2,850
$2,400 - $3,000
$3,000 - $4,000
$5,500+
$3,000 - $4,000
$3,500 - $4,500
The schedule for professional acquisition appraisal services will be based on
the fee structure set forth below. In general, the hourly rate of the principal
appraiser is $335. Market research associates and office staff are billed at
LIDGARD AND ASSOCIATES
APPRA[SRRS- CONSULTANTS
25D -17
FEE PROPOSA (Continued)
hourly rates of $195 and $135, respectively. Said rates are fully burdened,
i.e. inclusive of overhead costs, general, administrative, and profit. As stated,
Lidgard and Associates, Inc. is a fully staffed appraisal firm, and does not
engage in the subcontracting of outside appraisal companies.
The foregoing summary represents a general illustration of typical appraisal
fees based on the various categories of properties and scope of services.
The appraisal fee for a specific appraisal assignment will be negotiated prior
to commencement thereof.
Court appearance fees and /or deposition appearance fees will be based
Upon an additional $375 per hour with a $1,500 per half day minimum in the
forenoon or afternoon. Pretrial and pre deposition conferences, if any, will be
based upon an additional $375 per hour. The hourly rate will be applied for
file review, travel time, and additional investigation deemed necessary by
legal counsel as part of litigation.
LIDGARD AND ASSOCIATES
APPRAISERS- CONSULTANTS
25D -18
AGREEMENT TO PROVIDE RIGHT -OF -WAY PROPERTY
APPRAISAL SERVICES ON AN ON -CALL BASIS
THIS AGREEMENT is made and entered into this 4th day of October, 2016 by and between Kiley
Company ( "Consultant "), and the City of Santa Ana, a charter city and rmmicipal corporation organized
and existing under the Constitution and laws of the State of California ( "City ").
RECITALS
A. On August 3, 2016, the City issued Request for Proposal No. 16 -091, by which it sought
consultants to furnish right -of -way property appraisal services on an on -call basis.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of work that was
included in RFP No. 16 -091 and attached herein as ExhibitA.
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 terns
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as- needed basis, and at the sole discretion of City, Consultant shall furnish the services that
are described in Exhibit A to this Agreement, Consultant's proposal is incorporated by reference as though
fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant tinder this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The total
surn to be expended under this Agreement, including any extension period, shall not exceed
$200,000.
b. Payment by City shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need
not be made for work that fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date stated above and continue through October 3, 2019,
unless terminated earlier in accordance with Section 16, below. The tern of this Agreement may be
extended for a single (2) two -year period upon a writing executed by the City Manager and the City
Attorney, EXHIBIT 2
250 -19
4. 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.
S. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data'). Consultant shall require all subcontractors to agree in writing that
City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents
& Data which were provided to Consultant by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant .shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Consultant's
operations in the performance 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, with $2,000,000
in the aggregate. Such insurance shall (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.
Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
25D?20
C. Workers' Compensation Insurance. In accordance with the California Labor Code,
Consultant, if Consultant has any employees, is required to be insured against liability for
workers' compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and ornissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $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 Rill 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 by the City.
(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.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to fiirnish 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 terminate
this Agreement. Such termination shall not affect 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 inderrinify the City for any work performed prior to
approval of insurance by the City.
INDEMNIFICATION
Consultant agrees to and shall indemnify, defend, 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 or willful
misconduct of the Consultant or its, 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 farther 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
25[5 -21
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. Consultant's indemnification obligations in this
section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782,8, to claims that arise out o£, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant
S. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives,
and employees against any and all liability or losses, including costs and attorney's fees, for infringement
of any United States' letters patent, trademark, or copyright, alleged or contained in, the work product or
documents provided or used by Consultant under this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation
of law; or (e) is independently developed by the Consultant without reference to information disclosed by
the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with the performance of services specified under this
Agreement.
25 D-
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
-- P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
To Consultant:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Kiley Company
2151 Michelson Drive, Suite 205
Irvine, CA 92612
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above, For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded,
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant
regarding the subject matter therein, 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 airy purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein.
250 -23
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest' herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a
waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute
a continuing waiver unless the writing so specifies.
16. TERMINATION
This Agreement maybe terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, City may require Consultant to deliver to the City all work
product completed as of such date, and in such case such work product shall be the property
of the City unless prohibited by law, and Consultant consents to the City's use thereof for
such purposes as the City deems appropriate,
b. Payment need not be made for wort that fails to rneet the standard of performance
specified in the Recitals of this Agreement.
17. NONDISCRIMINATION
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
recruitrment, selection, training, utilization, promotion, termination or other employment related activities
or in connection with any activities under this Agreement. Consultant affinns that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be 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 maybe brought or arise out of, in connection
with or by reason of this Agreement.
25D6 24
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents mid warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Irk
John Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour, Executive Director
Public Works Agency
CITY OF SANTA ANA
David Cavazos
City Manager
CONSULTANT:
Name:
Title:
2503 -25
EXHIBIT A
25D -26
CITY OF SANTA ANA
RFP NO.: 16 -091
ON -CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
SCOPE OF WORK
Introduction and Background:
The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Right of Way Property
Appraisal firms to,provide property appraisal services for the City of Santa Ana Public Works Agency on an
as- needed basis. From the proposals received, it is the City's goal to select up to two firms. The City will
enter into separate agreement with each firm for a not to exceed amount of $200,000. Work will be assigned
by Contract Task Orders (CT% As tasks are identified, they will be distributed among the firms based
upon their ability to perform the requixed work within the proj cot schedule and budget constraints.
Minimum Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http: / /tvww.dot.ca.gov/hq /row /rowman/mantial /index.htni,
Description of Work:
Consultants under contract with the City of Santa Ana will provide support and services to City of Santa Ana
staff or their designee on an as- needed basis, The Consultants shall be thoroughly familiar with the Statement
of Work prior to submitting a response to this Request for Proposal (RFP).
• The Consultant shall perform work to produce a high quality, professional and complete work product.
• Consuttaait must have experience with State and Federally funded projects. All work shall be potfornzed
in conformance with all applicable regulations, policies, procedures and standards,
• Work may include, but not be lirr tad 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 cant' out the instructions received from the City and shall cooperate with the City
and other agencies,
• The Consultant has total responsibility for the accuracy and completeness of the work produced. The
work will be reviewed by the City for conformity with the requirements of the Agreement, Reviews by
the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of the Consultant.
• The Consultant shall be responsible for coordination and supervision of all work performed by its sub -
consultants. The Consultant shall review all work perfortnod by its sub- consultants and the
responsibility for accuracy= and completeness of work performed remains solely that of Consultant.
25D -27
CITY OF SANTA ANA
RFP NO.: 16 -091
ON- CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
The Corsultant shall have a Quality Assurancc /Quality Control (QA/QC) ,plan in effect cluing the entire
time work is performed, under the Agreement, The QA /QC plan is intended to ensune that the appraisals,
maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of
Work are complete, accurate, cheeked, and proofread to meet professional standard practice requirements,
and to monitor work for con.formanee with the appropriate standards and policies. Additionally, all
electronic files shall conform to the City's file .naming system.
• The Consultant shall diligently work on each assignment and complete each task in accordance with the
schedule and accommodate the City's needs.
The Consultant's work will be subject to inspection and audit by City, County, State and Federal
representatives.
• Project files including copies of all correspondences, reports, documents, and electronic files shall be
submitted to the City when requested and electronically updated monthly. The schedule and/or status
report may require updating more frequently.
• All work, including reports, analysis, data, and intellectual properties developed during the fife 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 tlaa services required by the Agreement.
Scope of Work:
Consultant shall prepare appraisal services that include Rill and partial acquisition for residential property;
corrvnerciol property; industrial property; casements; special use or zoned property; and review appraisals.
Appraisal Services shall be in accordance with federal, state, and local regulations, policies, procedures and
standards. Consultant most make every effort to meet with the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
• Prepare appraisal report in accordance with the State of California Laws and the Uniform Standards of
Professional Appraisal Practice (USPAP)
+ Re&earchrecords, inspect the site and communicate with the property owner in preparation of the
appraisal report. This might require multiple attempts for site visit and inspection
• Prepare Real Estate Appraisal reports for NIL and partial acquisition
+ Prepare Appraisal Summary Statements to accompany City's OPCer Package
+ Prepare Valuation of City's Landscape Setback Easement requirements
• Prepare detailed appraisal report necessary for condemnation
• Coordinate with Fixtures and Equipment Appraisers
• Coordinate with Business Goodwill Appraisers
• Communicate with property owners in writing and as required to obtain adequate information to prepare
the report
• Prepare all necessary correspondence, letters and reports
Provide effective cormnanication with engineers, planners, attorneys, and City staff
• Comply with federal, ,state and local regulations
25D -28
CITY OF SANTA ANA
RFP NO.: 16 -091
ON -CALL R(C TIT OF WAY PROPERTY APPRAISAL SERVICES
• Create files and maintain all records
Provide condenmatlon consultations as necessary
• Attend meetings /public hearings and conduct presentations
• Provide expert witness testimony as required for condemnation proceedings
• Coordinate and review of Phase I and Phase rl Environmental Studies
4 Review appraisal reports prepared by other consultants as required by the City and prepare review
summary
• Prepare Review Appraisal Reports (Required For Federally Funded Projects)
Coordinate, direct and obtain Review Appraisals in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act (Uniform Act) and Caltraus guidelines
Examine all appraisals and corresponding reports
• Seek any corrections or revisions deemed appropriate
Prepare Dual Appraisal Report as required for federally funded projects under Caltrans Guidelines
+ ReaI estate appraisers must be certified and a Member of the Appraisal Institute.
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrans' Audits and Investigations (A &I), other state audit organizations, or the federal
government. The selected Consultant shall complete Exhibit 10 -K — Consultant Certification Contract Costs
and Financial, in the Appendix of this RFP as Attachment 4.
City Responsibilities:
The City will provide information in its possession relevant to preparation of required infbrmation in R FP. The
City will provide only the staff assistance and documentation, specifically referred to herein.
Special Requirements (attachment 4):
Compliance with Requirements of Fur ding Agency:
o Consultant Audit and Review Process (Caltrans funded contract)
o This project is funded through Federal and Measure M2 and shall comply with all requirements of
Cal trans and OCTA.
The attached forms must be completed in their entirety and submitted with your proposal:
• LAPM Exhibit 10 -II : Fee Proposal
• LAPM Exhibit 10-1: Notice to Proposers, DBE loformatioa
• LAPM Exhibit 10 -IC; Consultant Certification of Contract Costs and Financial management
System
• LAPM Exhibit 10 -0.1 Consultant Proposal DBE Commitment
D This project will be financed by federal funds. Consultant shall mcet all required. federal
requixetuents included in this request for proposal. Consultants are advised that, as required by
federal lacy, the City of Santa Ana is implementing the new Race Conscious Disadvantaged Business
Enterprise (DBE) Program. The DBE goal for this contract is 4.0 %.
25D -29
ON 0 11 � r
25D -30
Fee Proposal
Exhibit B 10 -H
Hourly Rate Schedule
Kiley Company
Ke Personnel
INITIAL TERM 3YEARS
2- YEAROPTION
Fully Fully Fully
Fully Fully
Burdened Burdened Burdened
Burdened Burdened
Hourly Rate Hourly Rate Hourly Rate
Hourly Rate Hourly Rate
Name
job Function
2016 2017 2018
2019 2020
President/Certified
Christine White
General. Real Estate
$60
$60
$6o
$70
$70
Elizabeth M. Kiley
Appraiser
$200
$200
$200
$210
5210
Elizabeth M. Kiley
Court Related
$400
$400
$400
$450
$450
Stephanie L. Kavanaugh
Real Estate Appraiser
$90
$90
$90
$100
$100
Meredith McDonald
Real Estate Appraiser
$90
$90
$90
$100
$100
Maria Olson
Real Estate Appraiser
- $90
$90
$90
$100
$100
Mark Thompson
Real Estate Appraiser
$90
$90
$90
$100
$100
Paul Kim
Real Estate Appraiser
$70
$70
$70
$75
$75
Ellen Netzer
Researcher
$70
$70
$70
$75
$75
Other Labor Charges
INITIAL TERM 3 YEARS
2 -YEAR OPTION
Fully Fully Fully
Fully Fully
Burdened Burdened Burdened
Burdened Burdened
Hourly Rate Hourly Rate Hourly Rate
Hourly Rate Hourly Rate
Name
Job Function
2016 2017 2016
2019 2D20
Project
Christine White
Manager /Admin.
$60
$60
$6o
$70
$70
25D -31
25D -32
AGREEMENT TO PROVIDE RIGHT -OF -WAY PROPERTY
APPRAISAL SERVICES ON AN ON -CALL ]BASIS
THIS AGREEMENT is made and entered into this 4th day of October, 2016 by and between Bender
Rosenthal, Ina ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ( "City ").
RECITALS
A. On August 3, 2016, the City issued Request for Proposal No. 16 -091, by which it sought
consultants to furnish right -of -way property appraisal services on an on -call basis.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of work that was
included in RPP No. 16 -091 and attached herein as Exhibit A.
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 perfonned
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 terns
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as- needed basis, and at the sole discretion of City, Consultant shall furnish the services that
are described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though
fully set forth herein.
2. COMPENSATION
a, City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement. at the rates and charges identified in Exhibit B. The total
sum to be expended under this Agreement, including any extension period, shall not exceed
$200,000.
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 that fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date stated above and continue through October 3, 2019,
unless terminated earlier in accordance with Section 16, below. The tern of this Agreement may be
extended for a single (2) two -year period upon a writing executed by the City Manager and the City
Attorney. EXHIBIT 3
25D -33
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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that
City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents
& Data which were provided to Consultant by the City. City shall not be limited in any way in its use of
the Doeurnents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insuuance as described below:
a. Commercial General .Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection .
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Consultant's
operations in the performance 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 51,000,000 per occurrence, with $2,000,000
in the aggregate. Such insurance shall (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.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
25d -34
C. Workers' Compensation Insurance. In accordance with the California Labor Code,
Consultant, if Consultant has any employees, is required to be insured against liability for
workers' compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $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 by the City.
(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.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
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 terminate
this Agreement. Such termination shall not affect 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.
INDEMNIFICATION
Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives fiorn 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 or willful
misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section I of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the
terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding
any action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
250 -35
by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Consultant's indemnification obligations in this
section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782,8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives,
and employees against any and all liability or losses, including costs and attorney's fees, for infringement
of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or
documents provided or used by Consultant tinder this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minirnunn period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10, CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation
of law; or (c) is independently developed by the Consultant without reference to information disclosed by
the City.
11. 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 the performance of services specified under this
Agreement.
4
25 D-36
12. NOTICE
Any notice, tender, demand, delivery, or other commtnication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Clerk of the City Cotmcil
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
To Consultant:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Bender Rosenthal, Inc.
4400 Auburn Blvd,, Suite 102
Sacramento, CA 95841
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, drily registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transnutting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between. the City and Consultant
regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between
the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein.
250 -37
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City,
15. WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a
waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute
a continuing waiver unless the writing so specifies.
16. TERMINATION
This Agreement may be tenninated'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, City may require Consultant to deliver to the City all work
product completed as of such date, and in such case such work product shall be the property
of the City unless prohibited by law, and Consultant consents to the City's use thereof for
such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
17. NONDISCRIMINATION
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
or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be 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.
6
25D-38
11. PROFESSIONAL LICENSES
Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
I
. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
John . Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour, Executive Director
Public Works Agency
CITY OF SANTA ANA
David Cavazos
City Manager
CONSULTANT:
Name:
Title:
25[5 -39
R
R
25D -40
CITY OF SANTA ANA
RFP NO,: 16.091
ON -CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
,SCOPE OF WORD
Introduction and background:
The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Right of Way Property
Appraisal firms to provide property appraisal services for the City of Santa Ana Public Worlcs Agency on an
as- needed basis. From the proposals received, it is the City's goal to select up to two firms, The City will
enter into separate agreement with each firm for a not to exceed amount of $200,000. Work will be assigned
by Contract Task Orders (CTO). As tasks are identified, they will be distributed among the firms based
upon their ability to perform the required work within the project schedule and budget constraints.
Minimunr Qualifications:
Consultant qualifications must demonstrate tine minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://Nvww,dot,ca.gov/laq/row/rownian/mantial/iiidex,htni,
Description of Work:
Consultants under contract with the City of Santa Ana will provide support and services to City of Santa Ana
staff or their designee on an as- needed basis. The Consultants shall be thoroughly familiar with the Statement
of Work prior to submitting a response to this Request for Proposal (RFP),
• The Consultant shall perform work to produce a high quality, professional and complete work product.
• Consultant must have experience with State and Federally funded projects, All work shall be performed
in conformance with all applicable regulations, policies, procedures and standards.
• 'Work may include, but 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 the Consultant.
• The Consultant shall be responsible for coordination and supervision of all work performed by its sub -
consultants. The Consultant shall .revicw all work performed by its sub - consultants and the
responsibility for accuracy and completeness o f work performed remains solely that of Consultant.
25D -41
CITY OF SANTA ANA
RFP NO.: 16 -091
ON -CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES
The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire
time work is performed under the Agreement, The QVQC plan is intended to ensure that the appraisals,
rnaps, reports, plans, studies, estirnates, agreements and other documents submitted under assigned Soope of
Work are complete, accurate, checked, and proofread to meet professional standard practice requirements,
and to monitor work for conformance with the appropriate standards and policies. Additionally, all
electronic files shall conform to the City's file naming system.
• The Consultant shall diligently work on each assignment and complete each task in accordance with the
schedule and accommodate the City's needs.
The Comultant's work will be subject to inspection and audit 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 and electronically updated monthly, The schedule and/or status
report may require updating more frequently.
6 All work, including reports, analysis, data, and intellectual properties developed during, the life of the
Agreerneut 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.
Scant Of Work:
Consultant shall prepare appraisal services that include full and partial acquisition for residential property;
commercial property; industrial property; easements; special use or zoned property; and review appraisals.
Appraisal Services shall be in accordance with federal, state, and local regulations, policies, procedures and
standards, Consultant must make every effort to meet with the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
0 Prepare appraisal report in accordance with the State of California Laws and the Uniform S tandards of
Professional Appraisal Practice (i 1SPAP)
• Research records, inspect the site and communicate with the property owner in preparation of the
appraisal report. This might require multiple attempts for site visit and inspection
Prepare Real Estate Appraisal reports for Eul and partial acquisition
• Prepare Appraisal Srtrnmary Statements to accompany City's Offer Package
• Prepare Valuation of City's Landscape Setback Easement requirements
Prepare detailed appraisal sport necessary for condemnation
a Coordinate with Fixtures and Equipment Appraisers
• Coordinate with Business Goodwill Appraisers
Commru irate with property owners in writing and as required to obtain adequate information to prepare
the report
Prepare all necessary correspondence, letters and reports
+ Provide effective communication with engineers, planners, attorneys, and City staff
Comply with federal, state and local regulations
25D -42
CITY OF SANTA ANA
RFP NO,: 16 -091
ON -CALL RTGFIT OF WAY PROPERTY APPRAISAL SERVICES
Create files and maintain all records
• Provide condemnation consultations as necessary
• Attend meetings /public hearings and conduct presentations
• Provide expert witness testimony as required for condemnation proceedings
+ Coordinate and review of Phase I and Phase 1I Environmental Studies
Review appraisal reports prepared by other consultants as required by the City and prepare review
summary
• Prepare Review Appraisal Reports (Required For Federally Funded Projects)
+ Coordinate, direct and obtain Review Appraisals in accordance with the Uniforrn Relocation Assistance
and Real Property Acquisition Policies Act (Un form Act) and Caltrans guidelines
+ Examine all appraisals and corresponding reports
+ Seek any corrections or revisions deemed appropriate
• Prepare Dual Appraisal Report as required for federally funded proj acts under Caltrans Guidelines
• Real estate appraisers must be certified and a Member of the Appraisal Institute.
Consultant Responsibilities:
Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrans' Audits and Investigations (A &I), other state audit organizations, or the federal
government, The selected Consultant shall complete Exhibit 10 -K — Consultant Certification Contract Costs
and Financial, in the Appendix of this RFP as Attachment 4.
City Responsibilities:
The City will provide information in its possession relevant to preparation of required information in RFP. The
City will provide onily the staff assistance and dociunontation specifically referrod,to herein.
Special Requirements (Attachment 4):
Compliance with Requirements of Funding Agency:
o Consultant Audit and Review Process (Caltrans funded contract)
o This project is funded through Federal and Measure M2 and shall comply with all requirements of
Caltanis and OCTA
The attached forms must be completed in. their entirety and submitted with your proposal:
• LAPM Lxhibit I0B ; Fee Proposal
• LAPM Exhibit 10-1: Notice to Proposers, DBE Information
• LAPM Exhibit 10 -K: Consultant Certification of Contract Costs and Financial management
System
• LAPM Exbibit 10 -01: Consultant Proposal DBE Connnitment
v This project will be financed by federal fiords. Consultant shall mcet all required federal
requirements included in this request for proposal. Consultants are advised that, as required by
federal law, the City of Sauta Ana is iroplenrcating the new Pace Conscious Disadvantaged Business
Enterprise (DBE) Program. The DBE goal for this contract is 4.0 %.
25D -43
r- 0
25D -44
EP] BET �TTS 4400 Auburn Boulevard, Suite 102
NDER Sacramento, GA 95841
ROSE/ 7��7�u main :916.976.4900 - fax :916.978,4904
1\ i 1AAE, INC. wvw,,bendemosenthal.com
COMMERCIAL VALUATION AND RIGHT OF WAY SERVICES
2016 BILLING RATES
Cydney Bender Reents, MAI
David Wraa, MAI, ARA
Bob Morrison, PE, CA Real Estate Broker
Designated Members of the Appraisal Institute (MAI/SRA)
Senior Project Manager
Quality Control Auditor
Senior Appraiser
Relocation Specialist
Senior Acquisition Agent
Acquisition Agent
Appraiser
Other Associated Professional Staff
Researchers
Administrative/Production
$275/hr.*
$275/hr.*
$250/11•.*
$250 /hr.*
$190 /hr.
$175 /hr.
$150/11•.
$145/hr.
$145/hr.
$130 /11r.
$130 /hr.
$ 95 /hr.
$ 85 /hr,
$ 70 /hr.
*NOTE: For court or briefing preparation, depositions, any pre -trial conferences, court
appearances, and related activities, the hourly rate is $450•
25D -45
25D -46
AGREEMENT TO PROVIDE RIGHT -OF -WAY
COORDINATING SERVICES ON AN ON -CALL BASIS
THIS AGREEMENT is made and entered into this 4th day of October, 2016 by acrd between CivilSource,
Inc. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ( "City ").
RECITALS
A. On August 3, 2016, the City issued Request for Proposal No. 16 -087, by which it sought
consultants to furnish right -of -way coordinating services on an on -call basis.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of work that was
included in RFP No. 16 -087 and attached herein as Exhibit A.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable
in its field and that any services performed by Consultant under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as- needed basis, and at the sole discretion of City, Consultant shall furnish the services that
are described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though
fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant render this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B. The total
sum to be expended under this Agreement, including any extension period, shall not exceed
$300,000.
b. Payment by City shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need
not be made for work that fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall cormacnce on the date stated above and continue through October 3, 2019,
unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be
extended for a single (2) two -year period upon a writing executed by the City Manager and the City
Attorney. EXHIBIT 4
25D -47
4. 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.
5. OWNERSIIIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other docurnents or works of authorship fixed in any
tangible mediuin of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that
City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation. and warranty in regard to Documents
& Data which were provided to Consultant by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Consultant's
operations in the performance 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, with $2,000,000
in the aggregate. Such insurance shall (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.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
25 48
C. Workers' Compensation'Insurance. In accordance with the California Labor Code,
Consultant, if Consultant has any employees, is required to be insured against liability for
workers' compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $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 by the City.
(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.
(iv) Consultant shall supply City with a frilly executed additional insured
endorsement.
If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to famish 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 terminate
this Agreement. Such termination shall not affect 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.
INDEMNIFICATION
Consultant agrees to and shall indemnify, defend, 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 or willful
misconduct of the Consultant or its, 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
terns 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
25d -49
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. Consultant's indemnification obligations in this
section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant
S. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives,
and employees against any and all liability or losses, including costs and attorney's fees, for infiingement
of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or
documents provided or used by Consultant under this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDEN'T'IALITY
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 infornra.tion 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 an obligation of confidentiality; (d) is required to be disclosed by operation
of law; or (e) is independently developed by the Consultant without reference to information disclosed by
the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any mariner with the performance of services specified under this
Agreement.
25D4 50
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Cleric of the City Coumcil
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
To Consultant:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
CivilSource, Inc.
9890 Irvine Center Drive,
Irvine, CA 92618
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant
regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between
the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein.
25b -51
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a
waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute
a continuing waiver unless the writing so specifies.
16. 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, City may require Consultant to deliver to the City all work
product completed as of such date, and in such case such work product shall be the property
of the City unless prohibited by law, and Consultant consents to the City's use thereof for
such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
17. NONDISCRIMINATION
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
or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be 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,
25D6 52
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain
or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind then respective parties to each of the terms of this Agreement,
and shall indemnify City hilly, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar �u
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
JohnIII��X Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour, Executive Director
Public Works Agency
CITY OF SANTA ANA
David Cavazos
City Manager
CONSULTANT:
Name:
Title:
251J -53
001 IWA
25D -54
CITY OF SANTA ANA
RFP NO.: 16 -087
ON -CALL RIGHT OF WAY COORDINATOR
SCOPE OF WORT{
Introduction and Backaround:
The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Right of Way Coordinator
firms to provide right -of -way coordinating services for the City of Santa Anna Public Works Agency on an
as- needed, basis, From the proposals received, it is the City's goal to select one firm. The City will enter
into agreement with firm for a. not to exceed amount of $300,000.
Minimum Qualifications:
Consultant qualifications must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
littp://www.dot,ca,gov/hq/row/rowman/manLial/indox.htin.
Description of Work:
Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana
staff or their designee on an as- needed basis. The Consultant shall be thoroughly familiar with the Statement of
Work prior to submitting a response to this Request for Proposal (RFP).
• The Consultant shall perform work to produce a high quality, professional and complete work product.
• Consultant must have experience with State and Federally funded projects, All work shall be performed
in conformance with all applicable regulations, policies, procedures and standards.
• Work may include, but 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 requirernen *s of the Agreement. Reviews by
the City may NOT include a detailed review for the accuracy of items submitted. `the responsibility for
accuracy and completeness of such items remains solely that of the Consultant.
• The Consultant shall be responsible for coordination and supervision of all work performed by its sub -
consultants, The Consultant shall review all work performed by its sub-consultants and the
responsibility for accuracy and completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Assurance /Quality Control (QA/QC) plan in effect during the entire
time work is performed under the Agreement. The QA /QC plan is intended to ensure that the appraisals,
maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of
Work are complete, accurate, checked, and proofread to meet professional standard practice requirements,
25D -55
CITY OF SANTA ANA
RFP NO.: 16-087
ON -CALL RIGHT OF WAY COORDINATOR
and to monitor work for conformance with the appropriate standards and policies. Additionally, all
electronic files shall conform to the City's file naming system.
• The Consultant shall diligently wo-•k on each assignment and complete each task in accordance with the
schedule and accommodate the City's nceds.
• The Consultant's work will be subject to inspection and audit 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 and electronically updated monthly, The schedule and/or status
report may require updating more frequently.
• 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.
Scone of Work:
Assist City staff overseeing all the right of way and real estate services. Ensuring all work will be performed in
accordance with the public agency's policies and procedures and federal, state and local regulations. Consultant
shall assign one staff as Project Coordinator managing and overseeing the following tasks including, but not
limited to:
• Administration of all right-of-way related consultant contracts including but not limited to: 1) Property
appraisal; 2) Furniture, fixture and equipment appraisal; 3) Business goodwill appraisal; 4)
Acquisition /relocation and property management set-vices; and 5) City real estate properties.
• Establisbanent 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 continent on improvements pertaining to realty, furniture, fixtures and equipment appraisals
• Review and comment on loss of business goodwill appraisals
• Review and comment on environmental studies to meet all applicable local, federal, and state laws,
regulations, rules, and other requirements.
• Review and comment on acquisition tasks such as offer packages
• Review and comment on relocation plan, arrange for periodic circulation support in accordance with the
Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITY's
Real Property Policies and Procedures and any other applicable regulations.
• Monitor negotiations clone by other consultants
• Review relocation claim and monitor status of relocation and eviction efforts in accordance with the
Uniform Relocation and Real Property Acquisition Act of 1970 (Uniform Act); the Califonua
25D -56
CITY OF SANTA ANA
RFP NO.: 16 -087
ON -CALL RIGHT OF WAY COORDINATOR
Relocation Assistance and Real Property Acquisition Guidelines; CITY's Real Property Policies and
Procedures and any other applicable regulations.
• Prepare documentation for administrative settlements
• Provide Condemnation support
• Monitor Demolition activities
• Prepare documentation for Right of way disposition
• Attend neighborhood and Council meetings, make public presentations to individuals and organizations
and represent CITY in presentations and public hearing on all matters pertaining to the right of way
process,
• The overseeing Right of Way Coordinator shall be currently and validly licensed to praotice the business
of Real Estate in the State of California, The Proposal shall include the Right of Way Coordinator's
Broker License Number as issued by the California Department of Consumer affairs Bureau of Real
Estate. All right of way activities shall be in accordance with CITY's Real Property Policies and
Procedures Manual, and Federal, State and local regulations
• The Coordinator shall also have full time experience conducting same work as those required by this
REP for at least the past 5 years,
• Review title and escrow services necessary for the acquisition of real property, which include, but are
not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, docxanent
searches, document preparation, estimates of closing costs, escrow instructions, and other documents,
• Review all documents for submission and delivery to escrow companies; review title and escrow
documents; ensure that CITY is acquiring good title and/or the property rights needed for the completion
of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development
of future consideration; coordinate escrow closings and file all applicable forms and documents with the
County Assessor's Office.
• Coordinate and provide support to CITY legal staff to clear title, if necessary,
+ Prepare all necessary docuuuents to the title and escrow companies for approval by CITY.
CONSULTANT will be responsible for managing and monitoring the title and escrow companies to
ensure timely delivery.
• Advise CITY of any Preliminary Title Reports /Litigation Guaranties, determine title deficiencies,
develop a plan to resolve and cure title deficiencies and clear liens and enciunbrances,
+ Upon oompletien of Project, advise CITY of any Policy of Title insurance, American Land Title
Association (ALTA) or California Land Title Association (CLTA) extended - coverage owner's policy
based on the value of the property provided by CITY.
• Market for sale properties via traditional and non - traditional methods
> Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary,
environmental site assessments.
• Coordinate Phase I Environmental Soil Assessment Reports and, if required, provide Phase E
assessments, Hazardous Materials Disclosure Documents (I-INIDD) and Request to Acquire
Contaminated Property (RACP) if required.
• Advise for the submittal of any approval, cartification or other similar document that any jurisdictional
agency may require, and obtain approval /acceptance from said jurisdictional agency.
• Reconmaend amount of just compensation. The CITY shall make the final determination of just
compensation.
• Review and maintain a parcel negotiator's log (parcel diary) for each parcel.
25D -57
CITY OF SANTA ANA
RFP NO,: 16 -087
ON -CALL RIGIIT OF WAY COORDINATOR
• Advise in the preparation of the Informational Letter and Offer Letter
• Maintain a Record of Negotiations documenting that all elements of the acquisition process and
transactions were performed in accordance with applicable Federal, State, and local laws and
regulations.
• Establish and maintain an acquisition file for each properly owner or property Interest acquired and
maLntain a file checldist pursuant to CITY's policies and procedures,
• Secure Agreements for Possession and Use, Right of Entries, and licenses or permits from property
owners for purposes of performing hazardous waste, archeological and other inspections, If needed,
provide support to CITY legal staff.
• Perform any other normal procedures and processes to implement the acquisition assignment and shall
provide, any other supporting information and /or correspondencc required by CITY
• Provide bilingual acquisition agents as needed.
• Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Way
Certification.
• .Assist CITY in Eminent Domain Support. If requested, CONSULTANT shall provide expert testimony
in any court or administrative proceedings, and assist as required in Iagal matters as directed by CITY
legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering
of documents and information.
• Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities
required by the PROJECT.
• Review existing leases, licenses, franchises, easements, permits and other agreements for the subject
properties,
• Set -up procedure to sell surplus property
The firm must have its own office space with all equipment and supplies necessary to carry out the Right of
Way Coordination Services. The Project Manager may at times need to work at the City alongside with City
staff, The City will provide a work station for the Project Manager to use for no more than 20 hours a week.
Consultant Responsibilities:
Consiiltamt Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrans' Audits and Investigations (A &I), other state audit organizations, or the federal
govelrtment. The selected Consultant shall complete Exhibit 10 -K — Consultant Certification Contract Costs
and Financial, in the Appendix of this RFP as Attachment d,
Gil Responsibilities:
The City will provide information in its possession relevant to preparation of required information in REP. The
City will provide only the staff assistance and documentation speaifloally referred to herein.
Special Requirements (Attachment 41:
+ Compliance with Regturements of Fimding Agency:
• Consultant Audit and .Review Process (Caltrans funded contract)
• This project is funded through Federal and Measure M2 and shall comply with all requirements of
Caltrans and OCTA
25D -58
CITY OF SANTA ANA
RFP NO.: 16 -087
ON -CALL RIGHT OF WAY COORDINATOR
The attached forms must be completed in, their entirety and submitted with your proposal:
• LAPM Exhibit 10 -11: Fee Proposal
• LAPM Exhibit 10-1: Notice to Proposers, DBE Information
• LAPM Exhibit INK Consultant Certification of Contract Costs and Financial management
System
• LAPM Exhibit 10 -01: Consultant Proposal DBE Commitment
This project will be fmanced by federal funds, Consultant shall meet all required federal
requirements included in this request for proposal. Consultants are advised that, as required by
federal law, the City of Santa Ana is implementing the new Race Conscious Disadvantaged Business
Enterprise (DBE) Program. The DBE goal for this contract is 4.0 %.
25D -59
a
r r
25D -60
FEE SCHEDULE
RFP M 16-087
0' M x
�otol#1 i.
SPECIALTY SERVICES HOURLY RATE
PROJECT DIRECTOR /QUALITY CONTROL MANAGER $155
PROJECT MANAGER /PRINCIPAL AGENT $155
(ALTERNATE) PROJECT MANAGER $130
TECHNICAL/ADMINISTRATIVE SUPPORT STAFF $75.45
25D -61
25D -62