200 S. Anaheim Blvd.
Suite #276
Anaheim, CA 92805
Tel: (714) 765-5176
Fax: (714) 765-5161
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: MAY 21, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR AS-NEEDED
TITLE REPORT AND ESCROW SERVICES TO SUPPORT THE
PUBLIC WORKS DEPARTMENT
ATTACHMENT (Y/N): YES ITEM # 17
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion:
1) Approve the Professional Services Agreement (Agreement) between the City of Anaheim (City) and Chicago Title Company, in the not-to-exceed amount of $250,000 per Work Order Package with a total not-to-exceed contract amount of $1,000,000 per contract year per consultant company plus a 15% contingency for as needed extra services, for a three-year term, with two, one-year optional renewals, for as-needed Title Report and Escrow Services to support the Design Services Section of the Department of Public Works;
2) Authorize and direct the Director of Public Works and the City Clerk to execute the Agreement, and the Director of Public Works to take any and all actions as are necessary, required or advisable to implement and administer the Agreement; and,
3) Authorize de minimis changes that do not substantially change the terms and conditions of the Agreement, so long as such changes are determined to be de minimis by the City Attorney’s Office.
DISCUSSION:
As a standard practice, the Department of Public Works (Department) maintains as- needed service agreements with title report and escrow service firms to obtain competent and experienced personnel in a timely and cost-efficient manner to support the Department’s fluctuating workload of diverse projects. These consultants will typically compete for work assignments through a Request for Work Order Proposal (RFWOP) solicitation process carried out by City staff. However, when certain tasks require an immediate response, the qualified consultant with the most favorable rates will be contacted to provide services on an on-call, short-notice basis. The work order Professional Services Agreement for As-Needed Title Report and Escrow Services to Support the Public Works Department May 21, 2024
amount for each assignment under this Professional Services Agreement can vary depending on the specific project’s scope, schedule, duration, and complexity. These services are used to supplement the Department’s staff to support various projects including street widening/improvements, intersection widening/improvements, bridge widening, repair, or replacement, sanitary sewer improvements, storm drain improvements, rail improvements and landscape improvements.
The use of consultants benefits the Department by providing flexibility to meet workload demands. The ability to utilize consultants frees staff to manage multiple projects at once. The use of consultants allows the Department to maintain a minimal staffing level but still meet the needs for peak workloads.
On February 6, 2024, the Department advertised a Request for Qualifications (RFQs) for professional services for as-needed title report and escrow services through the City’s online bidding platform, PlanetBids, and received a response from one consultant company.
In accordance with the qualification-based selection procurement pursuant to City Council Policy
4.1, the Department established a review board, conducted the proposal rating review, and evaluated the proposal. The evaluation criteria included the ability of the consultant to perform the specific tasks outlined in the RFQ, of the specific individuals who will work on the project, amount of time and involvement of key personnel who will be involved in respective portions of the project, demonstrated record of success by the consultant on work previously performed, and specific method and techniques to be employed by the consultant on the project or problem and reasonableness of the fee requested to do the work.
Upon evaluation of the proposal, the following Consultant company best meets the service requirements of the Request for Qualifications and is recommended for selection in accordance with Council Policy 4.1:
Title Report and Escrow Services
1. Chicago Title Company
The recommended Consultant has an existing Agreement with the Department and has extensive technical experience in their respective area of expertise to perform the required services. The proposed Agreement will enable the Department to continue the timely Title Report and Escrow Services for various projects into the coming years at a fair and reasonable cost.
The award amount for each assignment will vary based upon the specific project need, schedule, and complexity. The maximum contract amount per Work Order Package will be $250,000, with a total not-to-exceed contract amount of $1,000,000 per contract year per Consultant. The attached Agreement is structured with the same terms and conditions as the past approved On-Call Professional Services Agreement, which will terminate on September 12, 2024. The Agreement term is for three years, with two, one-year optional renewals for a total of five years possible. The executed Agreement for the Consultant will be available in the Office of the City Clerk.
Professional Services Agreement for Title Report and Escrow Services to Support the Public Works Department May 21, 2024
IMPACT ON BUDGET:
This Agreement will be funded through project-specific budgets approved by City Council in the Public Works Capital Improvement Program Budget.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Professional Services Agreement Template
2. RFQ for Title Report and Escrow Services
3. List of Consultant Companies