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HomeMy WebLinkAboutCalifornia Property Specialists, Inc. - CPSI - Paragon Partners Ltd - 2013-05-06�t Dept. ID ED 14-39 Page 1 of 2 �.,pMeeting Date: 11/3/2014 I�- �lld111Eb -7 -0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/3/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Travis Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No. 1 to Agreement between the City and Paragon Partners, Ltd., in an amount not to exceed $39,220.00 for additional appraisal, acquisition, and relocation services for the Atlanta Avenue Widenina Proiect Statement of Issue: Additional appraisal, acquisition, and relocatio Atlanta Widening Project, which requires an between Paragon Partners, Ltd., and the City. n services are needed for the City to complete the amendment to the professional services contract Financial Impact: Sufficient funds are available in the Atlanta Widening Project Account (20690002.82300) Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach, Paragon Partners, Ltd., for Appraisal, Acquisition, and Relocation Implementation Services" for the Atlanta Widening Project. Alternative Action(s): Do not approve the contract and direct staff accordingly. Analysis: On May 6, 2013, the City Council approved a professional services contract between the City and California Property Specialist, Inc. (CPSI) for appraisal, acquisition, and relocation services for the Atlanta Widening Project. The original contract amount was One Hundred Eleven Thousand, Nine Hundred Twenty -Five Dollars ($111,925.00). On June 20, 2013, CPSI notified the City that the company would be merging with Paragon Partners, Ltd., (Paragon). On September 16, 2013, the City Council approved and authorized the execution of an Assignment Agreement between CSPI and Paragon that kept the same CPSI team intact and honored the terms of the original contract. Since this time, Paragon has been conducting all necessary work related to the Atlanta Widening Project. However, the project has recently experienced various issues that have required additional project management and appraisal services along with an extension of the project schedule, which was not part of the original contract. This includes reconfiguring the proposed area to be included in the Temporary Construction Easement (TCE). The TCE is the area that will not be permanently taken HB -, 09- Item 8. - I Dept. ID ED 14-39 Page 2 of 2 Meeting Date: 11/3/2014 as part of the street widening, but will be needed during the construction period, therefore only a temporary easement is required during the construction period. The original TCE contemplated was an area that was roughly rectangular in shape and included a much larger portion of the mobile home park. After further consultations with the project team, a reduced TCE was defined so as to not affect those residences not purchased as part of the property acquisition and to further reduce impacts to the mobile home park during construction. Accordingly, additional work to estimate the value is required. While this action increases this project cost, the reduced TCE will ultimately lower the cost of the overall acquisition. As such, Paragon is requesting, and the success of the project requires, a contract amendment for these additional services. The total funding required for Paragon's additional services is Thirty -Nine Thousand Two Hundred Twenty Dollars ($39,220.00). The City Attorney's Office prepared the proposed Amendment No. 1, which includes Paragon's proposed additional services and updated insurance documentation. Staff recommends approval of Amendment No. 1.' Environmental Status: Not applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach, Paragon Partners, LTD, for Appraisal, Acquisition, and Relocation Implementation Services" for the Atlanta Widening Project. Item 8. - 2 HB -110- AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND. PARAGON PARTNERS LTD FOR APPRAISAL, ACQUISITION, AND RELOCATION IMPLEMENTATION SERVICES THIS AMENDMENT NO. 1 is made and entered into the -30 day of O U , , 2014, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "City," and PARAGON PARTNERS LTD., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, City and Consultant are parties to that certain agreement, dated May 6, 2013, entitled "Professional Services Contract between the City of Huntington Beach and California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services," hereinafter referred to as the "Original Agreement;" and City consented to the assignment of the Original Agreement on June 30, 2013, from California Property Specialists, Inc. to Paragon Partners Ltd., and City and Consultant wish to amend the Original Agreement to reflect the additional compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: ADDITIONAL COMPENSATION In consideration of the additional services to be performed by Consultant hereunder as described in the Scope of Additional Work attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, City agrees to pay Consultant an additional sum not to exceed Thirty -Nine Thousand Two -Hundred Twenty Dollars ($39,220.00). This additional sum shall be added to the Original Contract 14-4368/ 112496 amount for a new total amount not to exceed One -Hundred Fifty -One Thousand One - Hundred Forty -Five Dollars ($151,145.00). 2. EXTENDED TERM The term of the Original Agreement is hereby extended and the Original Agreement shall now terminate on May 6, 2017. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. PARAGON PARTNERS LTD, a California corporation By: l print name ITS: (circle one) Chairman/ reside ice President print name (circle one) SCCteiary/Chief Financial Officer/Asst. Secretary — Treasurer 14-4368/112496 CITY OF HUNTINGTON BEACH, a California municipal corporation APPROVE SSTTO^FORM: C' Attorney %�• Za . � � �� La vj WED AND APPROVED: Manager Exhibit A Scope of Work Additional and/or extended services: • Project management beyond the original 9-month schedule; • Appraisal oversight work on the modification to offer package; • Additional acquisition work for sic (6) mobile homes; • Postponed utility relocation work; and • Projected litigation support Georgia Marquis will remain as Project Manager and will continue to serve as the central point of contact through project completion, and Kent Jorgensen will continue providing acquisition and quality control support. It is our recommendation that the following staff be added to the contract: • Brett Paulson, SR/ WA, R/W-NAC, R/W-RAC Brett will provide acquisition assistance for the additional work. A seasoned real estate consultant professional with over 20 years of land delivery experience for private and public infrastructure projects, Brett is an expert in the planning, management, and coordination of Right of Way projects, from site selection, licensing, acquisition, and relocation, through condemnation, property management, and demolition. An articulate speaker, he is a powerful communicator at many levels, from the public to city council, and also a highly effective negotiator. James Vanden Akker, ARWP James will continue to assist with relocation and escrow coordination. James is highly knowledgeable of federal and state regulations relating to relocation assistance and benefits, and is a licensed real estate salesperson in California as well as a notary public. He provided similar services for the Inland Valley Development Agency Mountain View Avenue Widening Project involving reconstruction of the Santa Ana River Bridge. Christopher Carrillo Mr. Carrillo will provide overall project support as necessary. A licensed California Real Estate Salesperson, Chris brings over 12 years of right of way experience to this project. He is cross -trained in acquisition, residential / business relocation, and property management. He is known for his ability to successfully and efficiently handle the toughest case from conception through completion, including mobile home park closures, without delaying construction. • Jeff Wellcome, SR/WA Mr. Wellcome is knowledgeable of federal and state regulations relating to acquisition, relocation assistance, and property management. He is experienced in the preparation of right of way certification per Caltrans guidelines; able to prepare and present board items that go before the County Board of Supervisors for various approvals. He will provide overall project support as needed. Additional Services Additional Hours Hourly Rate Total Costs Right of Way Program and Project Management Services 90 $115/Hr $10,350 Appraisal Services Paragon Coordinate/Review $115/Hr $1,150 Primary Appraisal — Kiley 10 Flat Fee $4,500 Review Appraisal - Hjelmstrom Flat Fee $2,500 Acquisition Services New offer & negotiations for Part -Take —John Saunders 40 $115/Hr $4,600 Mobile Home — 6 units- Settlements per City Attorney 72 $85/Hr $6,120 Utility Relocation Services $10,000 Exhibit B Schedule of Professional Fees 2014 Classification Hourly Rate Project Manager $115.00 Senior Acquisition Agent $85.00 Senior Relocation Agent $85.00 Depositions and Court Testimony (These hourly charges are separate from the total budget projection.) $250.00 Direct Charges Photocopies $0.15/page Pagers/Cellular N/C ME Size Copies $5.00 each Air Travel/Lodging 9 N/C Real Estate Data Services Cost +15% Mileage @ $0.565/mile* Telephone/Fax Cost Subconsultants 9 Cost + 15% Postage/FedEx Cost Other Expenses Al Cost + 15% OP ID: SN .4CORD' �- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 10/16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Dougherty Company, Inc. g P Y� P.O. BOX 7277 Long Beach, CA 90807 Richard Lindgren CONTACT NAME: S Ivia Nelson PHONE FAX INC,No Ext : A/C No): E-MAIL Ivia dou he Ins.com y g PRODUCER CUSTOMER ID #: PARAG-3 . INSURER($) AFFORDING COVERAGE NAIC # INSURED Paragon Partners Ltd. 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 INSURER A: Hartford Insurance Company 29424 INSURER B : Lloyds of London 112300 INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DD B POLICY NUMBER EFF MM/DDPOLICY/YYYY MM/DDYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 300,00 A X COMMERCIAL GENERAL LIABILITY X 72UUNPR1964 01/01/2014 01/01/2015 MED EXP (Any one person) $ 10,00 CLAIMS-MADE FxI OCCUR PERSONAL & ADV INJURY $ 1,000,00 X Contractual Deductible -0- GENERAL AGGREGATE $ 2,000,00 P OV AS TO 1 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS -COMP/OP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO JP 72UUNW4M!RNW 01/01/2014 01I01I2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,0009000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE (PERACCIDENT) $ SCHEDULED AUTOS HIREDAUTOS X X $ NON -OWNED AUTOS X $ Deductible -0- INSD OWNS -0- AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 109000,000 A EXCESS LIAB CLAIMS -MADE 72RHUPR1858 - 01/01/2014 01/01/2015 DEDUCTIBLE $ X $ RETENTION $ 109000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YI N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A 72WENG6914 ALL STATES EMPLOYERS LIA STOP GAP 01/01/2014 01/01/2015 WC STATU- OTH- X DRYLIMITS ER E.L. EACH ACCIDENT $ 19000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,UU If yes, describe under DESCRIPTION OF OPERATIONS below B Real Estate MPLK102807414 05/22/2014 05/22/2015 Claim: 2,000,00 Errors & Omissions ICLMS MADE:$25K RETENTION Aggregate 23000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named additional insured for general liability as respects all o erations of the named insured per attached endorsement. 30 written notice for cancellation or reduction in coverage applies except 10 days notice for non payment of premium. GtKIINUAIt HULUtK t ANt r_LLAIIVIV HUNTBCH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Economic Development Department AUTHORIZED REPRESENTATIVE 2000 Main Street _41 "o Huntington Beach, CA 92648 ©1988-2009 ACORD CORPORATION. All rights reservea. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72 DUN PR1964 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Ib ,leiV R�. - • �° i _ ". �- _ j a �• This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Huntington Beach, its officers Ongoing operations elected or appointed officials, employees, agents & volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1 Requested by: Duran Villegas, Real Estate Services Manage 2. Date: 10/17114 3. Name of contractor/permittee: Paragon Partners, LTD 4. Description of work to be performed: Amendment No. 1 to professional services contract for appraisal, acquisition and relocation services 5. Value and length of contract: Co.ateact value is $151,145; Term is through May 6, 2017 6. Waiver/modification request: , jXdeductible for professional liabilit 7. Reason for request and why it should be granted- Unable to comply with the city's $25k deductible requirement for professional liability 8. Identify the risks to the City in approving this waiver/modification: None nt Head. Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval fro rTl the City Administr s t0 r's Office' lonly required if Risk Management City City Attorney's disagree Management pproved El Denied(-,-'--' I'D Signature Date 2. City rney's Office proved ❑ De ed Signature Date 3. City Manager's Office F1 Approved El Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval- Once the contract has been approved, this form is to be filed with the Risk. Management Division of Human Resources Insurance Waiver Form.doc 10/17/2014 11:4/:UU AM July 10, 2014 City of Huntington Beach Attn: Mike Green 2000 Main Street Huntington Beach, CA 92648 Subject: Request for Additional Budget Acquisition and Relocation Services for the Atlanta Avenue Street Widening Project Dear Mr. Green: As a result of our project management meeting on June 19, 2014, Paragon Partners Ltd. (Paragon) hereby requests a modification to the services and staff specified in the original contract dated May 6, 2013 for the Atlanta Avenue Street Widening Project. Due to the unusual circumstances beyond Paragon's control, the anticipated project completion is now past due. Pursuant to your request, we are submitting a modification to our existing contract as the schedule has been extended by a minimum of 12 months. Please take this as our formal request for an increase to the original budget amount and added tasks assigned by the City for additional work beyond our original scope of work. Our additional fee proposal is attached, and is based on the following additional and/or extended services: • Project management beyond the original 9-month schedule; • Appraisal oversight work on the modification to offer package; • Additional acquisition work for six (6) mobile homes; • Postponed utility relocation work; and • Projected litigation support. Georgia Marquis will remain as Project Manager and will continue to serve as the central point of contact through project completion, and Kent Jorgensen will continue providing acquisition and quality control support. It is our recommendation that the following staff be added to the contract: Brett Paulson, SR/WA, R/W-NAC, R/W-RAC Brett will provide acquisition assistance for the additional work. A seasoned real estate consultant professional with over 20 years of land delivery experience for private and public infrastructure projects, Brett is an expert in the planning, management, and coordination of Right of Way projects, from site selection, licensing, acquisition, and relocation, through condemnation, property management, and demolition. An articulate speaker, he is a powerful communicator at many levels, from the public to city council, and also a highly effective negotiator. 5762 Bolsa Avenue, Suite 2011 Huntington Beach, California 92649 714.379.3376 1888.899.7498 1 Fax 714.373.1234 1 www.paragon-partners.com PARAGON PARTNERS 11 LTD • lames Vanden Akker, ARWP James will continue to assist with relocation and escrow coordination. James is highly knowledgeable of federal and state regulations relating to relocation assistance and benefits, and is a licensed real estate salesperson in California as well as a notary public. He provided similar services for the Inland Valley Development Agency Mountain View Avenue Widening Project involving reconstruction of the Santa Ana River Bridge. • Christopher Carrillo Mr. Carrillo will provide overall project support as necessary. A licensed California Real Estate Salesperson, Chris brings over 12 years of right of way experience to this project. He is cross -trained in acquisition, residential / business relocation, and property management. He is known for his ability to successfully and efficiently handle the toughest cases from conception through completion, including mobile home park closures, without delaying construction. • Jeff Wellcome, SR/WA Mr. Wellcome is knowledgeable of federal and state regulations relating to acquisition, relocation assistance, and property management. He is experienced in the preparation of right of way certifications per Caltrans guidelines; able to prepare and present board items that go before the County Board of Supervisors for various approvals. He will provide overall project support as needed. Additional Fee Proposal Paragon proposes to perform the additional tasks outlined above as per the table below and the attached Schedule of Professional fees, on a time -and -materials basis, not to exceed the amount of $39,220. �•• i fr&nal Additio oUrly• • Right of Way Program and Project Management Services 90 $115/hr $10,350 Appraisals Services Paragon Coordinate / Review 10 $115/hr $1,150 Primary Appraisal - Kiley Flat Fee $4,500 Review Appraisal - Hjelmstrom Flat Fee $2,500 Acquisition Services New offer & negotiations for Part -Take —John Saunders 40 $115/hr $4,600 Mobile Home — 6 units — Settlements per City Attorney 72 $85/hr $6,120 Utility Relocation Services $10,000 .; - GRAND T ji Justification Paragon's request for an additional project budget is based on the following: • A significant extension of the project schedule resulting in additional project management support. This has and will continue to require additional participation hours by our Project Manager, Georgia Marquis. Atlanta Avenue Street Widening July 10, 2014 Request for Additional Acquisition & Relocation Services Budget Page 2 PARAGON 11 PARTNERS LTD The acquisition budget for the real property is exhausted as the City has decided to modify right of way requirements, revise the appraisal, complete a new review appraisal, and present a new offer, additional hours for acquisition services is necessary. ® As a result of the modification to the TCE the City has requested Paragon to add new acquisition work with the mobile home owners for six (6) additional units. • The money allocation for utility relocation work included a $2,500 budget plus an allocation from Luis Gomez for miscellaneous general services of $12,650. With the extended project, the miscellaneous services category will be depleted before the majority of the utility relocation work begins. With the delay in the delivery of the construction drawings there will be a significant amount of work to be completed in the near future. We anticipate this proposal is a supplemental agreement to the existing May 6, 2013 contract for $111,925. If you have any questions regarding this additional scope of services, please contact Georgia Marquis by telephone at (714) 379-3376, or email at gmarquis@paragon-partners.com. Thank you for your consideration. Sincerely, Kent Jorgensen Vice President & C00 Atlanta Avenue Street Widening July 10, 2014 Request for Additional Acquisition & Relocation Services Budget Page 3 PARAGON PARTNERS 'r,ir-rs Schedule of Professional Fees 2014 Project Manager $115.00 Senior Acquisition Agent $ 85.00 Senior Relocation Agent $ 85.00 Depositions and Court Testimony (These hourly charges are separate from the total budget projection.) $250.00 Dirat Pagers/Cellular @ N/C Photocopies @ $0.15/page D&E Size Copies @ $5.00 each Air Travel/Lodging @ N/C Real Estate Data Services @ Cost + 15% Mileage @ $0.565/mile* Telephone/Fax @ Cost Subconsultants @ Cost + 15% Postage/FedEx @ Cost Fother Expenses @ Cost+ 15% *Or current IRS allowable Atlanta Avenue Street Widening July 10, 2014 Request for Additional Acquisition & Relocation Services Budget Page 4 City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 * www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk November 13, 2014 Paragon Partners, Ltd. 5762 Bolsa Ave., Suite 201 Huntington Beach, CA 92649 Dear Ms. Carlson: Enclosed for your records is a copy of "Amendment No. 1 to Professional Services Contract. Between the City of Huntington Beach and Paragon Partners Ltd for Appraisal, Acquisition, and Relocation Implementation Services." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand Dept. ID ED 13-08 Page 1 of 3 Meeting Date: 5/6/2013 q INK,0611110D41 MEETING DATE: 5/6/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Assistant City Manager Travis Hopkins, Director of Public Works SUBJECT: Approve and authorize execution of a Professional Services Contract with California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project Statement of Issue: Transmitted for City Council consideration is a professional services agreement with California Property Specialist, Inc. (CPSI) for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening project. Financial Impact: Sufficient funds are available in the Atlanta Avenue Widening account (21990002.69365). Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project" in the amount of One Hundred Eleven Thousand, Nine Hundred Twenty Five Dollars ($111,925.00). Alternative Action(s): Do not approve the contact and direct staff accordingly. Analysis: A. PROJECT BACKGROUND On April 23, 2013, Planning Commission approved Coastal Development Permit No. 09-001 and Conditional Use Permit No. 09-019 which approves the widening of Atlanta Avenue from Huntington Street to Delaware Street needed to comply with the primary arterial street classification in the General Plan Circulation Element. The project will also bring the subject segment of Atlanta Avenue into compliance with the Orange County Master Plan of Arterial Highways. The project is approved for Federal funding. Construction of the proposed street improvements will require the acquisition of a 25 feet wide by 630 feet long (approx.) strip of land from the Pacific Mobile Home Park located immediately south of Atlanta Avenue. The acquisition of the 25 feet would directly impact eight mobile homes within the Park. HB -393- Item 13. - 1 Dept. ID ED 13-08 Page 2 of 3 Meeting Date: 5/6/2013 B. CONSULTANT SELECTION PROCESS On November 29, 2012, the City released a Request For Proposal in search of a qualified Right -of - Way Consultant to provide appraisal, acquisition, relocation services, and other right-of-way functions and activities needed to complete with the Atlanta Avenue Widening Project. The City received a total of seven proposals. All proposals were evaluated and rated by an evaluation committee consisting of three City staff members, Caltrans District 12 Branch Chief, and an Orange County Transit Authority Senior Real Property Agent. The CPSI proposal was rated as superior by the evaluation committee based on the company's pricing, right-of-way experience and expertise with similar federally funded projects. The table below lists the respondents and proposed bid amounts for each. BIDDER'S NAME BID AMOUNT COMMENT Security Land and Right of Way Services, Inc $46,900.00 Disqualified - Pricing not provided for all project components California Property Specialist, Inc $99,275.00 Selected Bid HDR, Inc $112,499.00 Overland, Pacific, and Cutler, Inc $125,490.00 Paragon Partners, Ltd $125,711.00 Epic Land Solutions, Inc $149,125.00 Universal Field Services, Inc. $188,825.00 California Property Specialist, Inc. must conduct all right-of-way activities in accordance with all applicable federal, state, and local laws, regulations, directives, and standards including, but not limited to: the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA") as amended, the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines), the Caltrans Right -of -Way Manual and Local Assistance Procedures Manual. C. STAFF RECOMMENDATION: A Professional Services Agreement between the City and CPSI is necessary to complete appraisal, acquisition, relocation services, and other right-of-way functions and activities needed to complete the Atlanta Avenue Widening Project. Staff recommends City Council approve the contract in the amount of $111,925.00 and authorize the Mayor and City Clerk to execute the agreement. Due to the nature of this work, it is anticipated unforeseen items will occur during this process so staff has added a line item in the amount of $12,650.00 contingency for unforeseen work. Environmental Status: The project is covered by Recirculated MND No. 09-001, which was approved by the City Council on February 19, 2013. Recirculated MND No. 09-001 concludes that the project would not result in significant adverse environmental impacts with the incorporation of mitigation measures. Item 13. - 2 H B -39 - Dept. ID ED 13-08 Page 3 of 3 Meeting Date: 5/6/2013 Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Professional Services Contract with California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project HB -395- Item 13. - 3 ATTACHMENT #1 LL- Item 13. - 4 HB -396- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA PROPERTY SPECIALISTS, INC. FOR APPRAISAL, ACQUISITION, AND RELOCATION IMPLEMENTATION SERVICES FOR THE ATLANTA AVENUE WIDENING PROJECT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and California Property Specialists, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide appraisal, acquisition and relocation implementation services for the Atlanta Avenue Widening Project; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," Attachment 1, which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Georgia Marquis, Principal, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1 13-3672/91982 2. CITY STAFF ASSISTANCE CITY shall assign Luis Gomez, PE, Real Property Agent, as the designated contract Manager to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on /Ti�N 0/:::> , 20J:3_ (the "Commencement Date"). This Agreement .shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A," Attachment 1 shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A," Attachment 1. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT at the rates, and for the completion of each of the project components specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Eleven Thousand Nine Hundred Twenty -Five Dollars ($111,925.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 2 13-3672/91982 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 3 13-3672/91982 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 4 13-3672/91982 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, 5 13-3672/91982 unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of 6 13-3672/91982 CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Economic Development Department 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: California Property Specialists, Inc. ATTN: Marcella A. Jorgensen, Principal 27782 Vista del Lago, Suite C29 Mission Viejo, CA 92692 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 7 13-3672/91982 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 8 13-3672/91982 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 9 13-3672/91982 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. FEDERAL FUNDING CONTRACT REQUIREMENTS This Agreement shall be governed and construed in accordance with the provisions of the Federal Funding Contract Articles set forth in Exhibit "A," Attachment 2, as well as the provisions of 44 Code of Federal Regulations, Part 13.36 as set forth in Exhibit "A," Attachment 3 to this Agreement. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior 10 13-3672/91982 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /Q�c./ (� 20 C�.3 CALIFORNIA PROPERTY SPECIALISTS, CITY OF HUNTINGTON BEACH, INC., a California corporation By: MGrced (2 �ra�rS�►1 print name ITS: (circle one) Chairm resider ice President • D 2 6% TED AND APPROVED: Assistant City Manager REVIEW VfD PPROVED: // 117 City Manager 11 13-3672/91982 EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide appraisal, acquisition and relocation implementation services for the Atlanta Avenue Widening Project for each phase of the project based upon the scope of services, work schedule, and cost proposal submitted to the CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall be as specified in the Agreement and collectively those specified in Exhibit "A," Attachments 1, 2 and 3, which are attached hereto and incorporated into the Agreement upon award and during the contract period. Only qualified CONSULTANT and subconsultant personnel shall perform project tasks specified in the Agreement. CONSULTANT and subconsultant qualification requirements are specified in Exhibit "A," Attachment 4, which is attached hereto and incorporated into the Agreement and further described in the Caltrans Right of Way Manual, Sections 17.06.00.00 through 17.06.04.01. CONSULTANT and subconsultant personnel must be deemed qualified by the CITY and Caltrans prior to starting work. The CONSULTANT shall obtain from Caltrans the Right -of -Way Certification required to proceed with this Project by no later than April 30, 2014. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish record information and documents that are available at the CITY. 2. Provide general direction to CONSULTANT as needed, review and provide comments on CONSULTANT submittals, and pay CONSULTANT for satisfactory services rendered in accordance with the Agreement. 3. Obtain authorization and approvals as necessary to proceed, with assistance from CONSULTANT as needed. 4. All Local Public Agency (LPA) Responsibilities and Contract Manager Responsibilities specified in Exhibit "A," Attachment 4 and further described in the Caltrans Right of Way Manual, Sections 17.06.04.03 and 17.06.04.04. D. WORK PROGRAM/PROJECT SCHEDULE A project schedule will be developed by CONSULTANT and approved by the CITY for each phase of the Project. 13-3672/91982 EXHIBIT "A" Attachment 1— Project Scope of Work ATTACHMENT 1 1. BACKGROUND The City of Huntington Beach ("City") invites proposals from qualified Turnkey Right -of -Way Consultants to provide appraisal, acquisition, relocation implementation services, and the other right-of-way functions and activities needed to proceed with the City's proposed widening of Atlanta Avenue, between Huntington Street and Delaware Street. The Atlanta Avenue Widening Project ("Project") is a federally funded project, thus the selected Consultant must conduct all right-of-way activities in accordance with all applicable federal, state, and local laws, regulations, directives, and standards including, but not limited to: the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA") as amended, the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines), the Caltrans Right -of -Way Manual and Local Assistance Procedures Manual. Project Description The City proposes to widen the south side of Atlanta Avenue, between Huntington Street and Delaware Street, to comply with the primary arterial street classification in the General Plan Circulation Element. Both the City's General Plan Circulation Element and Orange County's Master Plan of Arterial Highways (MPAH) designate Atlanta Avenue as a primary arterial street. As defined in the General Plan, the primary arterial street classification provides sidewalk, curb, gutter, a bike lane, and two through lanes in each direction of travel, separated by a striped median. Currently, the subject segment of Atlanta Avenue provides one lane in each direction, a striped median, and on -street parking along a portion of the north side of the street. The proposed street improvements would create the street section needed to ultimately provide an additional through lane and bike lane in each direction of travel (see attached Conceptual Design). In addition, the Project's scope of work includes the on -site deconstruction and hauling away of the 8 mobile homes that would be directly impacted by the proposed project, clearing and grubbing, the construction of asphalt concrete roadway, striping, curb, gutter, sidewalk, an 8- foot tall concrete block wall atop a variable height (7 ft. max.) retaining wall, landscaping (including the removal or relocation of 25 trees within the existing mobile home park), reconstruction of a 24 ft. wide drive aisle (circulation road) and two emergency accesses along the Atlanta Avenue frontage of the mobile home park, and both public and privately owned utility adjustment and relocation. The five utility poles and overhead lines currently located along the south side of Atlanta Avenue within the existing public right-of-way would require relocation approximately 25 feet to the south based on the proposed southerly curb alignment. In accordance with the City's franchise agreements, the utility companies would be responsible for the relocation and/or adjustment of their facilities located within the existing public right-of-way. The relocation of any utilities located within Pacific Mobile Home Park ("Park"), however, would need to be coordinated with both the utility companies and the Park owner, as these are privately owned facilities. Generally, the existing utilities serving the 8 impacted mobile homes would be disconnected, the area would be cleared, and new utilities would be placed beneath the reconstructed 24 ft. wide circulation road. It should be noted that the Project requires approval of a coastal development permit for development in the coastal zone and a conditional use permit for the proposed retaining wall. The existing public street right-of-way along the subject segment of Atlanta Avenue varies from 60 ft. wide (30 ft. north and 30 ft. south of street centerline) at Huntington Street to 85 ft. wide (55 ft. north and 30 ft. south of street centerline) at Delaware Street. Consequently, construction of the proposed street improvements would require the acquisition of an additional 25 feet (approx.) of public street right-of-way south of the centerline of Atlanta Avenue (i.e., the public street right-of-way is proposed at approx. 55 ft. south of street centerline). The additional 25 feet of right-of-way would come from a 25 feet wide by 630 feet long (approx.) strip of land from the Pacific Mobile Home Park located immediately south of Atlanta Avenue. The acquisition of the 25 feet would directly impact eight mobile homes (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) within the Park. It is estimated that Project construction would take approximately six months. Once a contract is awarded, the contractor would provide a construction schedule to the City for review and approval. The 8 mobile homes that would be directly impacted by the proposed Project would be inspected and cleared of any hazardous materials, then deconstructed by hand using a sawzall and other hand -operated tools. No heavy demolition equipment would be used to complete this task. It is anticipated that the utilities serving the 8 directly impacted mobile homes could be disconnected with minimal or no disruption of service to the remainder of the Park. Once the area has been cleared, new utilities would be placed beneath the reconstructed 24 ft. wide circulation road. Residents would be notified in advance of any temporary disruption to service and any emergency needs would be addressed on a case by case basis. The following Project milestones have been completed: • November 18, 2010: Caltrans approves federal NEPA environmental document • January 18, 2011: City Council approves MND 09-001 for CEQA compliance* • May 2, 2011: Caltrans authorizes City to proceed with the Right -of -Way (ROW) phase • December 19, 2011: City Council approves Relocation Plan and Grievance Procedures *IMPORTANT NOTE: The City is currently revising the CEQA documents in response to litigation filed by Pacific Mobilehome Park, LLC. It is anticipated that the recirculated MND will be brought to the City Council for consideration in February 2013. However, staff will not proceed with the work identified in this RFP until so advised by the City Attorney's office. 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP Deadline for Written Questions Responses to Questions Posted on Web Proposals are Due Proposal Evaluation Completed Approval of Contract 3. SCOPE OF WORK November 29, 2012 December 13, 2012 December 20, 2012 January 10, 2013 January 31, 2013 March 4, 2013 The following is a general description of the anticipated Project Components: 1. Right -of -Way Program and Project Management Services 2. Title Investigation/Clearance Services 3. Appraisal Services 4. Acquisition Services 5. Escrow Coordination Services 6. Relocation Plan Update 7. Relocation Assistance Program Implementation Services 8. Right -of -Way Certification Services 9. Supplemental Title Clearance Services* 10. Supplemental Relocation Assistance Services* 11. Utility Coordination and Relocation* 12. Eminent Domain Services (as needed)* *Optional Project Components Consultants are encouraged to provide recommendations with respect to scope, any additional project components, and order of completion. A detailed work plan, including a breakdown of specific tasks and phasing is required as part of the Consultants' proposals. The scope of work for each of the proposed Project Components may include, but is not limited to the following tasks: Required Project Components Right -of -Way Program and Project Management Services a. Prepare a comprehensive work plan designed to ensure all Project elements are considered and the City's policies are clearly understood. b. Prepare a comprehensive initial budget and schedule. c. Track and manage on -going right-of-way project tasks and budget. d. Assist with the development of administrative policies, procedures and forms necessary to carry out the right-of-way program. All public notices/written correspondence shall be subject to review and approval by the City. e. Provide on -going general consultation and Project coordination with the City, social service agencies, governmental entities and project team members. f. Represent the City at public meetings, hearings, and litigation related matters. g. Prepare and present a monthly written status report based on the agreed upon guideline on information to be provided. Confer weekly with City verbally on general status, problem areas, and progress. h. Coordinate and meet with federal and state oversight agencies such as Caltrans as directed by City. i. Subcontract for and manage all necessary disciplines needed for project. J. Provide Spanish-speaking translation agents as required. 2. Title Investigation/Clearance Services a. Secure vesting deeds, property profiles, and tax map for each property. b. Secure preliminary title reports for each property which will remain valid for 6 months or until there is an ownership change. c. Secure copies of recorded back-up documents as needed. d. Share preliminary title information with City staff, including but not limited to: right-of-way engineer, surveyor, and real estate appraisers for their use on the Proj ect. e. Prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with approved Project plan. Appraisal Services a. Determine, if applicable, the requirement to identify and appraise lease fee and leasehold interests of each property and provide appraisal reports for the following: i. Mobile home park right-of-way acquisition area (if this property is valued at over $500,000 two appraisals will be required) ii. Individual mobile home appraisals of 8 mobile homes directly impacted by the proposed Project (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) iii. Temporary construction easement (TCE) area b. Provide Review Appraisal Report(s) as required. c. Mail notification letter and acquisition policies brochure to each property owner, requesting permission to conduct an on -site inspection of the property, and requesting information regarding the property appraised which could influence the appraisal value. d. Appraiser will review title information pertaining to respective ownerships and will review drawings and other pertinent information relative to the property. e. Appraiser will inspect each property personally with the owner (if possible) and document the inspection with photographs for use in the report. f. Appraiser will inventory all improvements affected by the proposed acquisition including notes on their manner of disposition (i.e., compensate for and remove vs. salvage and relocate). g. Appraiser will perform market research to support the selected appraisal methodologies and will document and confirm comparable sales information. h. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve as an acquisition appraisal and will be prepared in a summary format consistent with the specification for narrative appraisal reports. i. Review appraiser will inspect the proposed acquisition and comparable sales used. j. Review appraiser will evaluate appraiser's valuation findings and methodology and provide written report stating agreement or disagreement with appraisal report. k. Fixture and Equipment appraiser will evaluate the fair market value -in -place of each mobile home considering improvements such as skirting, steps, patios, storage areas and other added improvements. 1. Consultant will receive and analyze the completed appraisal reports and will reconcile the real estate, fixtures, and equipment appraisal(s) as necessary and recommend to the City the statement of just compensation for each property. 4. Acquisition Services — Mobile Home Park Owner and Individual Mobile Home Owners a. Establish and maintain complete and current ownership files in a form acceptable to the City. b. Receive and analyze title information, approved appraisal reports, and legal descriptions in sufficient detail to negotiate with property owners and other properties. c. Prepare all offer letters for real property, TCE area, and personal property, summary statements, and lists of compensable items of fixtures and equipment, in accordance with federal or state regulations and approval of City. d. Present written purchase offers to owners or their representatives in person, when possible. Secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable. e. Notify relocation agent of initiation of negotiations within five (5) business days and provide appraisal information, occupant contact information, and tenant information as necessary. f Follow-up and negotiate with each property owner, as necessary for real property, TCE area, and personal property; prepare and submit recommended settlement justifications to City for review and approval; review any independent appraisal secured by property owner and coordinate reimbursement of appraisal fees (up to $5,000 for the land owner) with City. On -going negotiations and settlement discussions will continue for up to 8 weeks after the initial offer, or until a settlement is reached. g. In the event a counteroffer is made by property owner(s), Consultant shall prepare a memorandum to City stating amount of counteroffer and justification for amount exceeding original offer. h. Prepare and assemble acquisition contracts, deeds and related acquisition documents required for the acquisition of necessary property interests. Legal descriptions to accompany temporary construction easement or partial acquisition deeds will be completed by the City. i. Maintain a diary report of all contacts made with property owners or representatives and a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Copies of all applicable written correspondence will be maintained in files. j. Prepare an impasse letter for any property where, after diligent attempts to settle by negotiations, it appears eminent domain will be necessary or prudent to acquire the needed interest. k. Transmit executed acquisition documents to City. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes the pertinent data relative to the transaction. 1. Communicate and coordinate with engineers, planners, attorneys, real property agents, Caltrans and other agency staff, and Consultants. in. Provide required information to City staff for preparation of City Council Agenda Items, Staff Reports and public hearing notices as required for approval of acquisition terms. n. Provide coordination and assistance necessary to aid the condemnation counsel should the City determine that eminent domain proceedings are necessary, such as providing Histories of Owner Contacts, Property Owner Fact Sheets, etc. o. Provide a written summary of the status of the acquisition of each property on a monthly basis or upon request of City staff. Maintain current right-of-way property diaries. 5. Escrow Coordination a. If by Negotiated Settlement: Assist the escrow/title company in the following: i. Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount. ii. Provide escrow with fully executed acquisition contract and notarized deed. iii. Review settlement statement for accuracy. iv. Coordinate deposit of acquisition price and estimated closing costs with escrow. V. After the closing, review the title insurance policy for accuracy. vi. Prepare and mail a letter to County Assessor requesting cancellation of taxes if appropriate. 6. Relocation Plan Update (Update existing Plan) a. Interview all potentially affected occupants to determine relocation needs. The interviewer shall verify household information such as: the number, ages and gender of all occupants, income of the household, current rent, distance to employment and utilized neighborhood services, special needs of the household, legal residency, etc. b. Research the marketplace for available replacement dwelling and locations for compiling project costs. c. Compile statistics on available, comparable replacement housing. d. Calculate potential project costs. e. Update the Relocation Plan and review with City staff. f. Distribute Relocation Plan to Project participants and make it available for public review. g. Make any needed revisions brought up during the public review period. h. Participate in adoption presentation meeting. 7. Relocation Assistance Program Implementation Services a. Secure basic case information and set up case file; maintain the necessary case documentation and contact diary throughout the course of City's involvement with the claimant. b. Provide General Information Notice to all Project site occupants at time of first written offer, including proof of service. c. Conduct initial in-depth field interview with claimant: Document rent, income, family size, names/ages of occupants, legal residency; determine relocation needs, preferences and special requirements; provide general information notices and brochure; explain relocation process, rights and benefits available. d. Provide on -going advisory assistance to minimize hardships on claimants, including referral to and coordination with community service resources, public housing and other public services as needed. e. Document rent with rental agreement, receipts, or economic rent if needed. f. Document/verify income using pay stubs, budgets worksheets, tax returns, certification, and/or cash affidavit as necessary. Use rent -to -rent method if income cannot be verified. g. Assist with the reconciliation of FF&E ownership among owner and tenant. h. Search for, document and inspect individual comparable dwellings for each claimant. Provide initial referrals and three sets of additional housing referrals every 2-4 weeks, as necessary. i. Prepare letter of eligibility and entitlement amounts based on most appropriate comparable replacement dwelling and seek authorization from City. j. Deliver letter of eligibility to claimant, discuss findings and impacts to occupants' particular needs. Amend the letter of eligibility one additional time if the economics of the comparable's availability changes over the course of respective assignment. k. Prepare and deliver all notices as required by all applicable federal, state, and local laws, and as approved by the City. 1. Arrange for transportation to view replacement sites if needed; assist claimants with their selection of a replacement site, with lease offers, with review of rental agreements, and with move bids or fixed moving payment. in. Inspect selected site to ensure it meets decent, safe, and sanitary requirements. n. C the replacement site escrow and explain the relocation process to agent and escrow officer as necessary. o. Review and discuss claimants' moving plans, build -out specifications and personal property inventory and coordinate eligibility limitations in advance of physical move. p. Verify vacation of the displacement site and secure a certificate of abandonment. q. Determine eligibility for proposed amount of relocation benefits, including actual and reasonable moving payments, rental/purchase differential payments and fixed payments as applicable. r. Each claim will be signed by the claimant, supported by appropriate back-up (written bids, schedules, receipts, etc.), and will be reviewed by Consultant's project manager for recommendation before submitting to City for approval. Each claim check will be delivered to claimant in person (as feasible) and a receipt of payment will be secured. 8. Right -of -Way Certification Services a. Attend certification planning meeting with City's Right-of-way Local Assistance Coordinator and Project team. b. Prepare real estate components of right-of-way data sheet and provide current and escalated costs for acquisition and relocation; incorporate engineers' construction and utility information as provided to Consultant. c. Ensure appraisal maps/right-of-way maps and legal descriptions are all properly identified and prepared in conformance with approved right-of-way numbering system. d. Oversee utility relocation activities as required for completion of certification form including compiling utility notices and submittal of hi -low risk utility sheet prepared for Caltrans Right -of -Way Local Assistance Coordinator review. e. Ensure that all interests necessary for the project have been secured and all relocation activities have been performed in compliance with applicable laws and regulations. f. Prepare certification forms in coordination with engineer and City to include the compilation of all necessary back-up documents required including: deed, final order of condemnation, access easements, cooperative agreements, permits, right of entries, etc. g. Attend and coordinate pre- and post -audit submittal meetings. Optional Project Components 9. Supplemental Title Clearance Services a. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in the settlement memorandum and escrow instructions. b. Coordinate payment of taxes due and release of liens. c. Secure full or partial reconveyance instruments from lien holders of record. d. Coordinate lost instrument bonds as may be necessary. e. Coordinate and facilitate recordation of corrective deeds to clear vesting issues. f. Secure subordination agreements from conflicting easement holders. 10. Supplemental Relocation Assistance Services a. Provide support to City for claimant appeals. b. Continue to work with claimant beyond 180 days from general information notice. c. Administer periodic payments of relocation benefits. d. Security of dual consultant services which may be necessary in hostile/violent households. e. Translation services (other than Spanish) if needed by Consultant and requested by City or claimant. f. Intensive move planning, administrations, and physical move coordination services in complex or hardship cases. g. Section 8 administration or processing services where Consultant aids in the application process on behalf of claimants or is converting conventional units to Section 8 units. 11. Utility Coordination and Relocation a. Review design plans and cross sections and conduct a field review to identify potential utility involvements. Review findings with the project manager/project engineer. b. Prepare utility notices and other correspondence to utility owners as directed by the City. c. Contact cities and utility companies to obtain as-builts, utility location maps and other documentation to identify utility locations. d. Coordinate potholing to positively identify conflicts. e. Coordinate with the City, utility owners, appraisers, and contractors to determine total cost associated with on -site, private utility relocation and prepare an itemized cost estimate to the City for budgeting purposes. f Prepare a Report of Investigation to determine liability for relocation costs, including a determination of prior rights. g. Coordinate and plan with the utility owners and their engineers as needed, to discuss project design, potential conflicts, relocation alternatives, and resolution to conflicts. h. Obtain detailed scopes of work from the utility companies for relocation, estimated start and completion dates and proposed cost to perform and complete the job. i. Work with the City, land owner, and utility owner(s) to ensure the Utility Relocation Plan is compatible with permit requirements and utility agreements are properly prepared. j. Assist in obtaining permits, licenses and replacement easements as necessary for utility relocations. k. Obtain final drawings and as -built plans from the utility owners and confirm that all items of work have been completed by the utility owner. 1. Prepare utility closeout file for each utility and transfer to the City. 12. Eminent Domain Coordination Services (as needed) a. If Settlement by Eminent Domain: Assist eminent domain counsel with the following: i. Prepare a letter for the City's signature, to eminent domain counsel requesting proceeding to condemnation. ii. Provide eminent domain counsel with available right-of-way maps and legal descriptions, preliminary title reports and title review documents, and information on how to contact each owner or interest holder. iii. Provide eminent domain counsel with a duplicate copy of the property file, together with a copy of the appraisal, offer to purchase, correspondence, acquisition contract, and deed as presented. iv. Convert preliminary title reports to litigation guarantees for eminent domain counsels' use. EXHIBIT "A" Attachment 2 — Federal Funding Contract Articles ATTACHMENT 2 FEDERAL FUNDING CONTRACT ARTICLES ARTICLE 1 INTRODUCTION A. The Contract Manager for the City of Huntington Beach shall be Luis Gomez, PE, Real Property Agent, or his designated representative. ARTICLE 2 PERFORMANCE PERIOD (DELETE) ARTICLE 3 ALLOWABLE COSTS AND PAYMENT A. Specific tasks will be assigned to the CONSULTANT through issuance of Task Orders. B. The CONSULTANT will be reimbursed for tasks completed to the satisfaction of the CITY based on the corresponding lump sum, unit costs, or hourly rates specified in the CONSULTANT's Cost Proposal (Exhibit "B"). The specified lump sum, unit costs, or hourly rates shall include all costs and expenses, including but not limited to: direct and indirect salary costs, employee benefits, overhead, reimbursable expenses, profit, and fee. C. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. D. The CONSULTANT shall not commence performance of work or services until this Agreement has been approved by the CITY, and notification to proceed has been issued by the CITY's Contract Manager. No payment will be made prior to approval or for any work performed prior to approval of this contract. E. The total amount payable by the CITY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. F. The total amount payable by the CITY for all Task Orders resulting from this Agreement shall not exceed $111,925. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders. G. All subcontracts in excess of $25,000 shall contain the above provisions. ARTICLE 4 FUNDING REQUIREMENTS A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to the CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. D. The CITY has the option to void the Agreement under the 30-day cancellation clause, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE 5 COST PRINCIPLES A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the individual allowability of cost items. B. The CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to the CITY. ARTICLE 6 CONTINGENT FEE The CONSULTANT warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE 7 RETENTION OF RECORDS / AUDITS For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, the CONSULTANT, subcontractors, and the CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, the State Auditor, CITY, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. ARTICLE 8 DISPUTES A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the CITY's Contract Manager and the City Engineer or his designated representative, who may consider written or verbal information submitted by the CONSULTANT. B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the CITY Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this Agreement. ARTICLE 9 AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the CITY's Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the CITY's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by the CITY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this Agreement. ARTICLE 10 SUBCONTRACTING A. The CONSULTANT shall perform the work contemplated with resources available within its own organization, and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the CITY's Contract Manager; except that which is expressly identified in the approved Cost Proposal. B. Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. C. Any substitution of subconcontractors must be approved in writing by the CITY's Contract Manager. ARTICLE 11 EQUIPMENT PURCHASE (DELETE) ARTICLE 12 INSPECTION OF WORK The CONSULTANT and any subcontractor shall permit the CITY, the state, and the FHWA if federal participating funds are used in this contract to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis. ARTICLE 13 SAFETY A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the CITY's Authorized Agent or representative. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the CITY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE 14 OWNERSHIP OF DATA A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. The CONSULTANT shall furnish the CITY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into. C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the CITY of the machine-readable information and data provided by the CONSULTANT under this Agreement; further, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the CITY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the CONSULTANT. D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreement as appropriate. E. The CITY may permit copyrighting reports or other Agreement products. If copyrights are permitted, the Agreement shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. F. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. ARTICLE 15 CLAIMS FILED BY CITY' S CONSTRUCTION CONTRACTOR A. If claims are filed by the CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from the CONSULTANT's personnel is required in order to evaluate or defend against such claims, CONSULTANT agrees to make its personnel available for consultation with the CITY's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that the CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the CONSULTANT's personnel services under this Agreement. C. Services of the CONSULTANT's personnel in connection with the CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to finally resolve the claims. D. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. ARTICLE 16 CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to the CITY's operations, which are designated confidential by the CITY and made available to the CONSULTANT in order to carry out this Agreement, shall be protected by the CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by the CITY relating to the Agreement, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. The CONSULTANT shall not comment publicly to the press or any other media regarding the Agreement or the CITY's actions on the same, except to the CITY's staff, CONSULTANT's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the CITY, and receipt of the CITY's written permission. E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article. F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSULTANT to any entity other than the CITY. ARTICLE 17 NATIONAL LABOR RELATIONS BOARD CERTIFICATION (DELETE) ARTICLE 18 EVALUATION OF CONSULTANT The CONSULTANT's performance will be evaluated by the CITY. A copy of the evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. ARTICLE 19 STATEMENT OF COMPLIANCE The CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. ARTICLE 20 DEBARMENT AND SUSPENSION CERTIFICATION A. The CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the CITY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT's responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. ARTICLE 21 STATE PREVAILING WAGE RATES A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. ARTICLE 22 REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right in its discretion to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE 23 PROHIBITION OF EXPENDING CITY, STATE OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies to the best of his or her knowledge and belief that: 1. No state, federal or local agency appropriated funds have been paid, or will be paid by - or -on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. EXHIBIT `'A" 44 Code of Federal lRtegrrMons Fart 13.36 (i) Contract provisions. A grantees and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold). (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (Ail contracts in excess of $10,000). (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). (4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for construction or repair). (5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required. by Federal grant program legislation). (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CPR part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requir nnents and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, 09-MI/432W .. t'ww..... .__' _ r • �,_� _r.-a-wu+.......� .•.. _ .. ,...�,.....- •s�o•:c�_-- �... •..r.,_'- �+ntis:..:.—��. �.�. ... ... i 3 documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of maidng audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub, L. 94-163, 89 Stat. 871). D9-=1/43M -�--- .a„ .-- i.`✓ .r . w�, � M�,�,'••� � _ � � • t �;a � � • .r.. ♦ r`•. . i •r � • ` .. --•o'wv.—.—s• -... � . EXHIBIT "A" Attachment 4 — Consultant Qualifications and Selection Criteria 17.06.00.00 - CONSULTANT QUALIFICATIONS AND SELECTION CRITERIA 17.06.01.01 Consultant Oualifications - General It is extremely important for the LPA to select a R/W consultant who not only knows what the LPA's specific needs are but has the qualifications to perform the work legally and ethically to meet those specific needs. The authority for the selection of private sector consultants to perform right of way functions on both local assistance projects (Off State Highway System) and locally funded projects (On State Highway System) with or without federal funding has been delegated to the Local Public Agency. The selection process will be administered by the LPA using the Consultant Selection Criteria and Guide (below). The Criteria establish recommended minimum levels of experience and permit the evaluation of prospective consultant firms. Work samples provided by the consultant should be reviewed by the LPA. The LPA must advertise and seek competitive bids from consultants who meet the selection criteria for the right of way function needed on a project -by -project basis when there is State or Federal funding in the project. 17.06.02.01 Consultant Selection Criteria and Guide RIGHT OF WAY ESTIMATING CONSULTANTS To be used when an estimate of the cost of right of way requirements is needed for a project or an update to the right of way estimate is needed. When selecting consultants to prepare right of way estimates, care must be exercised to ensure that the candidates have expertise in appraisal fields of all types of real estate needed for transportation projects, acquisition for transportation projects, relocation for transportation projects, and utility relocation. The consultant is required to possess either an Appraisal License or a Real Estate License. The consultant must have a minimum of two (2) years' experience and the knowledge necessary to estimate the value of all types of real estate needed for transportation projects, the cost to relocate displacees under the requirements of the Uniform Act, and the costs associated with utility relocations. Please see Exhibit 17-EX-21, Right of Way Data Sheet for Local Public Agencies. APPRAISAL CONSULTANTS To be used on projects where property rights are to be acquired for a project, whether those rights are temporary, permanent, in fee, or easement, or compensable damages accrue to property as a result of the project. The appraiser measures the fair market value of the rights to be acquired. When selecting appraisal consultants, care must be exercised to ensure that the candidates have expertise in the specific appraisal field appropriate for the contemplated project. The greater the complexity of the project, the greater the need for highly specialized and/or experienced appraisers. An Appraisal License is required by law for transportation projects on or off the State Highway System. 17.06 - 1 (REV 3/2011) Appraisal Consultants are required to possess: • Appropriate Appraisal license as issued by the California Office of Real Estate Appraisers in accordance to the degree, complexity and value of the appraisal required: a) Residential License for any noncomplex 1-4 family property with value of $1 million and Nonresidential property with a transaction value up to $250,000. b) Certified Residential for any 1-4 family property without regard to transaction value or complexity; and Nonresidential property with a transaction value up to $250,000. c) Certified General for all real estate without regard to transaction value or complexity. • Minimum two (2) years' experience in appraisal of rights for eminent domain purposes. • Successful completion of a course in appraisal of partial acquisitions for public agencies. • Successful completion of a course in the Uniform Relocation and Real Property Acquisition Policies Act taught by a recognized organization. • Specific knowledge and experience appropriate for the proposed project, including effects of State Eminent Domain Law on the appraisal process. Appraiser Responsibilities under the Uniform Act: • Property owner must be notified in writing of Agency's decision to appraise. • Property owner or designee must be given opportunity to accompany appraiser during property inspection. • Responsibility of sending Title VI information. • Diary entry of notifications and contacts. • Appraisal to contain minimum recognized standards for public acquisition (Zoning, Property Rights to be acquired, Highest and Best Use Analysis, Comparables, Improvements Acquired, Damages, Cost to Cure, etc.) • All appraisals must contain Appraiser and Review Appraiser Certificates. REVIEW APPRAISER CONSULTANTS Each appraisal must be reviewed by a qualified review appraiser and contain a Review Appraiser Certificate. The review appraiser is the person responsible for appraisal quality and value determination. The review appraiser must remain independent and must not be subject to undue influence or pressure from any source to arrive at a particular value or to accept inadequate appraisal reports. It is essential that the review appraiser understands his/her responsibility is to recommend an estimate of value for just compensation determination by the acquiring agency. The Uniform Act requires that an official of the acquiring agency must make the final determination of just compensation. Review Appraiser Consultants are required to possess: • Certified Residential License for any 1-4 family property without regard to transaction value or complexity; and Nonresidential property with a transaction value up to $250,000 or • Certified General License for all real estate without regard to transaction value or complexity. • Minimum two (2) years' experience in reviewing appraisals for eminent domain purposes. • Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act. • Specific knowledge and experience appropriate for the proposed project, including effects of State Eminent Domain Law on the appraisal process. 17.06 - 2 (REV 3/2011) Review Appraiser Responsibilities under the Uniform Act: • Confirmation of Analysis of Highest and Best Use, Damages, and Cost to Cure Damages. • Confirmation of valuation. • Confirmation of Calculations and Report Integrity. • Prepare signed statement certifying value of appraisal reviewed, including an explanation of the basis for recommendation. ACOUISITION CONSULTANTS To be used when rights are to be acquired, whether those rights are temporary, permanent, in fee, or easement, or compensable damage payments are to be made as a result of the project. When selecting acquisition consultants, care must be exercised to ensure that the candidates have expertise with the conditions affecting the acquisition that are present in the contemplated project. These may vary, and some factors to be considered include property type, type of occupancy, and project design/impact on remainder. Acquisition Consultants are required to possess: • Real Estate Broker's or Salesperson's License (when under the direct supervision of a Real Estate Broker) as issued by the California Department of Real Estate (required by law). All Right of Way Contracts must be approved for content and signed or initialed by the Real Estate Broker. • Minimum two (2) years' experience in the acquisition of rights for eminent domain purposes. • Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act taught by recognized organizations. • Specific knowledge and experience appropriate for the proposed project, including knowledge of State Eminent Domain Law. It is extremely important for the local agency to be fully aware of the acquisition consultant's qualifications and knowledge of the Uniform Act. If there are violations by the acquisition consultant or consulting firm, the local agency could jeopardize a portion of, or all of the federal funding for the entire project. If you have questions or concerns, please contact the Department's Right of Way Local Programs Coordinator in your area. Acquisition Consultants Responsibilities under the Uniform Act: • Ensure establishment of just compensation by local agency prior to initiation of negotiations. • Expeditious acquisition within 30 days of approved appraisal. • First Written Offer should be presented in person when possible. • Summary Statement (basis for the appraisal) to be included with the First Written Offer. • Owner to be given reasonable time to consider offer and present material relevant to value determination (i.e., 30 days and a minimum of 3 contacts). • Payment is required before taking possession unless date of possession clause is used in contract. • Local agency is responsible for payment of all incidental expenses (title, escrow, surveys, prepayment penalties, etc.) • Preparation of Administrative Settlements when it is reasonable and in the public interest. • Diary entries including confirmation of delivering Title VI information if project is federally funded. • By signing the Right of Way Contract, the Broker or Principal of the Company acknowledges responsibility for maintaining a complete file on each parcel. 17.06 - 3 (REV 3/2011) RELOCATION CONSULTANTS To be used when there are occupants and/or personal property within the project area that must be relocated outside the project area. Occupancy may be residential or nonresidential, including agricultural uses. Relocation specialists may be used to prepare the relocation impact documents (part of the environmental clearance document) in the planning stage. A consultant proficient in both acquisition and relocation may be retained for both functions under the "caseworker" approach. When selecting relocation consultants, care must be exercised to ensure that the candidates have expertise with types of occupancy affected by contemplated project, whether residential (owner -occupied), residential (tenant -occupied), personal property only, business, or nonprofit organization. The greater the complexity of the project, the greater the need for highly specialized and/or experienced relocation consultants. Relocation Consultants should possess: • Minimum two (2) years' experience at the working level providing public agency relocation assistance. • Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act taught by recognized organizations. • Specific knowledge and experience appropriate for the proposed project, including State Eminent Domain Law. UTILITY RELOCATION CONSULTANTS Utility Consultants should be used when there are utilities within the project area that must be relocated. Utility Consultants may be used to prepare preliminary utility engineering documents as part of the environmental clearance document in the planning stage. When selecting Utility relocation consultants, a local agency must ensure that the candidates have expertise with Utility relocation. The greater the complexity of the project, the greater the need for highly specialized and/or experienced consultants. Local agencies are encouraged to include Caltrans District Right of Way Utility Coordinators on their selection panels. Utility Consultants for all Local Agency Projects should possess the following: • Training and experience in preparing utility relocation estimates based on construction in the manner proposed, coordinating work to positively locate underground utility facilities including all High/Low Risk utility facilities within the project limits. • Understand the determination of liability for cost of utility relocation and responsibility. Obtain and analyze data to allocate cost between the utility owner and local agency for all required utility adjustment work and to clearly document, support and set forth the basis of this finding in a Report of Investigation. • Training and experience in preparing Utility Agreements between the utility owner and local agency. • Training and experience in preparing Notices to Owner for utility facility relocations. • Knowledge of Local, State and Federal laws, policies and procedures that deal with Utility relocation, including but not limited to Chapter 14 of the Local Assistance Procedures Manual and Chapter 13 of the Caltrans Right of Way Manual. Utility Consultants for Local Agency Proiects "On the State Highway System" should also possess the following: • Knowledgeable in Caltrans Project Development process, Caltrans Encroachment Policy, Caltrans R/W Utilities policy and procedures, and local encroachment policy and procedures. o Understanding R/W Utility activities time lines and schedules o Caltrans Encroachment Permits Manual Chapter 6 o Caltrans R/W Manual Chapter 13 — Utility Relocations o Project Procedures Manual Appendix LL-High and Low Risk Manual 17.06 - 4 (REV 3/2011) • Training and experience in preparing utility estimates (data sheet) based on proposed construction and scopes of work. • Experience in coordinating with utility companies and Project Engineers for all utility activities. o Utility Verification o Utility Conflict o Utility Relocation o Billings • Knowledgeable in liability determination for cost of utility relocation. o Understanding Master Contracts between Caltrans and utility companies o State's Streets and Highways Code / Statutes relating to the Department of Transportation o Property rights • Knowledgeable of the Utility relocation process. o Preparing Claim Letter, Report of Investigation, Notices to Owner, Utility Agreements o Requesting Encroachment Permits • Knowledge of Local, State and Federal laws, policies and procedures that deal with Utility Relocation. PROPERTY MANAGEMENT CONSULTANTS To be used when tenants will be in occupancy of the right of way after the agency has acquired the property but prior to displacement. When selecting property management consultants, care must be exercised to ensure that the candidates have expertise with types of tenancies affected by the contemplated project, whether residential, personal property only, business, or nonprofit organization. The greater the complexity of the project, the greater the need for highly specialized and/or experienced property management consultants. Property Management Consultants must possess: • Real Estate Broker's or Salesperson's License (when under the direct supervision of a Real Estate Broker) as issued by the California Department of Real Estate (required by law). • Minimum two (2) years' experience at the working level in management of rental properties. • Knowledge of applicable sections of the Uniform Relocation and Real Property Acquisition Policies Act, State Eminent Domain Law, and Landlord Tenant Law. • Specific knowledge and experience appropriate for the proposed project. RIGHT OF WAY PROJECT MANAGEMENT CONSULTANTS May be used to coordinate and direct the work of other consultants as well as local agency staff. Will have primary responsibility to ensure the work products for the project satisfy all requirements of applicable laws, statutes, regulations, policies, and procedures. Project Management Consultants should possess: • Minimum five (5) years' experience at a supervising, managerial, or oversight level in a right of way organization operating with the power of eminent domain. • Knowledge of the Federal and State Uniform Relocation and Real Property Acquisition Policies Act and Article 1, Section 19, California Constitution (granting the power of eminent domain law). • State Eminent Domain Law taught by recognized organizations. Successful completion of courses in the Uniform Relocation and Real Property Acquisition Policies Act and • Familiarity with project management theories and techniques, including project scheduling, staff assignments, and coordination and communication with other project entities. 17.06 - 5 (REV 3/2011) Pro iect Management Consultant or Principal of the consulting firm's responsibilities: • Ensure right of way process has been followed in accordance with the Uniform Act. • Ensure consultants have appropriate licenses for the scope of work. • Ensure Broker signs or initials all right of way contracts. • Approval of all right of way files (signature in diary) that files are complete and in accordance to the Uniform Act with appropriate diary entries. TURNKEY RIGHT OF WAY CONSULTANTS Multifunctional right of way organizations that may be used to provide all right of way services required of a given project. Should be competent in each individual functional area. Staff are required to meet the criteria listed above in each of the Right of Way functions involved in the project. Turnkey consultants must have sufficient staff to preserve separation of the appraisal, appraisal review, and acquisition functions. An individual may be technically proficient in multiple functions, but may not be used as a turnkey consultant. All appropriate licenses/certifications are required for the type of services performed. 17.06.03.01 Competitive Bidding Competitive bidding is one of the cornerstones of a financially successful project. It should be stressed to LPAs that seeking bids from qualified firms will ensure that the agency is getting the most reasonable price. Prior to soliciting bids, careful consideration should be given to defining the scope of work for the consultant, estimating the cost of the consultant's work, and determining the type of contract needed. The LPA should be advised that caution must always be exercised in the choice of a consultant. Just because a particular consultant meets the threshold criteria, this should never be the only basis for retaining them. Other factors, such as experience on past projects as well as references, should be given careful consideration. Each project and each agency have unique demands; and just because a prospective consultant meets the broad qualifications contained in the Consultant Criteria, this does not also mean that the consultant can meet the LPA's requirements. The LPA is responsible for maintaining documentation concerning the consultant selection process. This information should be made available to the Department as part of the oversight process. 17.06.04.01 Local Public Agency Liability for Consultants LPAs should be reminded that, as noted above, they are responsible and accountable for the actions of their consultants in properly executing their duties and activities in accordance with the Uniform Act. The LPA retains the ultimate responsibility for signing the Right of Way Certifications and is accountable for the actions and performance of their consultants. The consultant's work products will be subject to oversight by the Department's Region/District R/W Local Programs staff. The Department has established broad criteria for use in evaluating the qualifications in the respective right of way functions, but the Department is in no way liable either for devising such criteria or for the performance of the consultants selected by the LPA. In the event the actions or performance of the consultant result in the loss of federal funds for the project, it is the sole responsibility of the local agency to repay these funds. 17.06 - 6 (REV 3/2011) 17.06.04.02 Consultant Contracts In entering into consultant contracts, it should be stressed to the LPA that consultants must perform right of way functions to the same standards, practices, rules, and regulations as the LPA. The following additional discussion about contracting responsibilities should also be clearly conveyed to the LPA. 17.06.04.03 LPA Responsibilities In each contract, the LPA responsibilities include the following: 1. Appraisal Review - As noted above, when state or federal funds are used for any portion of the project, a formal review of the appraisal by a review appraiser is required. When the parcel is on the State Highway System, a formal review must be done, whether or not federal funds are used. 2. Establishment of Just Compensation - In projects involving the acquisition of right of way, it will be necessary for the LPA to determine just compensation. This cannot be delegated to a consultant. 3. Assignment of a Contract Manager - The manager will serve as the contact person during the course of the project. The Contract Manager must be an employee of the LPA. The Contract Manager should be knowledgeable about all aspects of the project. 17.06.04.04 Contract Manager Responsibilities The Contract Manager is responsible for the following: 1. Coordinating the review and approval of all consultant work products. 2. Approving requests for payment. 3. Coordinating all consultant activities for the project. 4. Providing interim and final contract completion reports. 5. Following the California Department of Transportation Right of Way Manual in the performance of any right of way activities. 17.06.04.05 Contract Manager Qualifications The Contract Manager ideally should have the following background: 1. Strong professional experience in the functional area under contract. 2. Familiarity with the project and contract objectives. 3. Understanding of management expectations. 4. Experience with the contract process. 5. The ability to communicate effectively. 17.06 - 7 (REV 3/2011) EXHIBIT B EXHIBIT "B" Payment Schedule A. Fee Schedule CONSULTANT'S fees for such services shall be based upon Lump Sum, Unit Cost and Hourly rates specified in Exhibit B.1, Fee Schedule, attached hereto. B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Surfnet Exhibit B hourly I 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B hourly 2 EXHIBIT B.1 APPRAISAL, ACQUISITION, AND RELOCATION IMPLEMENTATION SERVICES FOR ATLANTA AVENUE WIDENING PROJECT FEE SCHEDULE REQUIRED PROJECT COMPONENTS QUANTITY UNIT UNIT COST PROPOSED FEE 1) Right -of -Way Program and Project Management Services PER HOUR @ $ 115.00 = $ 6,325.00 2) Title Investigation / Clearance Services 1 LUMP SUM @ $ 500.00 = $ 500.00 3) Appraisal Services" v ►Pacific Mobile Home Park Right -of -Way Acquisition Area 1 LUMP SUM @ $ 6,500.00 = $ 6,500.00 ►Mobile Home and Appurtenances (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) 8 EACH @ $ 1,750.00 = $ 14,000.00 ►Temporary Construction Easement Area 1 LUMP SUM @ $ 9,500.00 = $ 9,500.00 4) Acquisition Services ► Pacific Mobile Home Park Right -of -Way Acquisition Area 1 LUMP SUM @ $ 4,500.00 = $ 4,500.00 ►Mobile Home and Appurtenances (Unit Nos. 101, 102, 201, 301, 302, 401, 501, and 502) ►Temporary Construction Easement Area 8 1 EACH LUMP SUM @ @ $ 2,000.00 $ 1,500.00 = = $ 16,000.00 $ 1,500.00 5) Escrow Coordination Services 9 EACH @ $ 500.00 = $ 4,500.00 6) Relocation Plan Update 1 LUMP SUM @ $ 1,500.00 = $ 1,500.00 7) Relocation Assistance Program Implementation Services 9 EACH @ $ 1,750.00 = $ 15,750.00 8) Right -of -Way Certification Services 1 LUMP SUM @ $ 2,000.00 = $ 2,000.00 FEE FOR REQUIRED PROJECT COMPONENTS = $ 82,S7S.00 OPTIONAL PROJECT COMPONENTS QUANTITY UNIT UNIT COST PROPOSED FEE 9) Supplemental Title Clearance Services 8 EACH @ $ 200.00 =� $ 1,600.00 10) Supplemental Relocation Assistance Services 8 I EACH @ $ 1,000.00 = $ 8,000.00 11) Utility Coordination and Relocation 1 LUMP SUM @ $ 2,500.00 = $ 2,500.00 12) Eminent Domain Services 40 PER HOUR @ $ 115.00 = $ 4,600.00 FEE FOR OPTIONAL PROJECT COMPONENTS = $ 16,700.00 13) General Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project not otherwise described above billed on a time and materials basis not to exceed $12,650 at rates specified in the CPSI Fee Proposal. 110 PER HOUR @ $ 115.00 = $ 12,650.00 FEE FOR SERVICES NOT OTHERWISE INCLUDED IN SCOPE OF WORK = $ 12,650.00 Schedule of Hourly Rates Subconsultant Fee Schedule Ken Jorgenson, Corporate Broker/Project Director - $115 Kiley Company - Fee Appraisal - Lump Sum Fee $6,500 Georgia Marquis, Relocation Project Manager - $115 Scott Lidgard - Mobile Home Appraisals _lump Sum Fee $14,000 Michael Garcia, Quality Control Manager - $115 Hjelmstrom & Assoc - Review Appraisals - Lump Sum Fee $9,500 CALIPRO-01 ADUHE .`� ��► CERTIFICATE OF LIABILITY INSURANCE DATE __.. _ _ -__. .. _._..._.....__- _----__ .. 3/26/2013 _.._.. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED i REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hoider is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). i21650 PRODUCER �CONTACPeter C. Foy & Associates Insurance Services Inc, PHONE FAX - Oxnard St. IArc No,,Fxt) {818) 703-8057 (A/c No): (818) 703 0936 �Suite1900 EMAIL _ ADDRESS: I Woodland Hills, CA 91367 I INSURER(S) AFFORDING COVERAGE_ NAIC # I y ellnsuranceCompanyltd 11000 INSURERA 5entln,-_ INSURED I INSURERS Twin City Fire Insurance Company ; ( � INSURER C Houston Casualty Company 142374 California Property Specialists, Inc, _ __. ._. w .., _ _.. 27782 Vista Del Lago Ste C-29 INSURER D : i Mission Viejo, CA 92692 INSURER E : _INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ ` TYPE OF INSURANCE - —_ POLICY EFf POLICY EXP J- -- -- - -- - INSR WVD-� __,�.___ POLICY NUMBER, _. I {MMIDDNYYjt). (MM/DDNYVY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ DAMAGE TO RENTED 2,000,000� . ..... A X COMMERCIAL GENERAL LIABILITY i X 72SBAUW5903 3/1/2013 3/1/2fl14 PREMISES (Ea ocaurrence) s 1 000,000` f ..1 CLAIMS -MADE I X-� OCCUR I MED EXP (Any one person) __. S 10,000, _ ,..._. ._.....___.. PERSONAL & ADV INJURY S - 2,000,000! 4,000,000j GEML AGGREGATE LIMIT APPLIES PER; + _ - _ _ + PRO - AUTOMOBILE LIABILITY [�.. LOC,.__. .-�--_ _._....-..__._� _ .. ._,___...._. _ - COMBINED TSINGLE AGG_ S_ .-1 O�6,001,DJEC POLICY _._..� LITY ��ELIMIT t.-_ A ANY AUTO ( 172SBAUW5103 ; 3/1/2013 I 3/1/2014 + BODILY INJURY (Per person) S ALL OWNED _ i SCHEDULED AUTOS _ AUTOS HIRED AUTOS X NO, ?AUTOS AUTOS UMBRELLA LIAR _ +OCCUR EXCESS LIAR CLAIMS -MADE! I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B : ANY PROPRIETORIPARTNERIEXECUTIVE Y / N �72WECJW9885 OFFICERIMEMBER EXCLUDED? N!A (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS _ C {Professional Llab H71319092 BODILY INJURY (Per accident) S PROPERTY DAMAGE - -—� S (PER,ACCDENT)_ ! S EACH OCCURRENCE i S AGGREGATE �S 3/1/2013 1 3/1/2014 E.L. EACH ACCIDENT 1/4/2013 I 1/4/2014 tEa. Claim 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Scheduie, if more space Is required) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are hereby named Additional Insured as respects to General Liability and Hired and Non -Owned Auto Liability as their interest may appear. All policy terms and conditions apply. v` Y yl CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Risk Management PO Box 190 - 2000 Main Street Huntington Beach, CA 92648-2702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1986-2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 s wrww.huntingtonbeachca.gov Office of the City Clerk Joan L. )Flynn, City Clerk May 8, 2013 California Property Specialists, Inc. Attn: Marcella A. Jorgensen, Principal 27782 Vista del Lago, Suite C29 Mission Viejo, CA 92692 Dear Ms. Jorgensen: Enclosed for your records is a copy of the "Professional Services Contract Between the City of Huntington Beach and California Property Specialists, Inc. for Appraisal, Acquisition, and Relocation Implementation Services for the Atlanta Avenue Widening Project." Sincerely, Jo-. L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand