100422 PW Real Property and Right of Way Consultant Overland, Pacific & Cutler, Inc. Agreement — City Council - Successor Agency

CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
OVERLAND, PACIFIC & CUTLER, INC.

THIS AGREEMENT is made and entered into this day of , 2022 (“Effective Date”), by and between the CITY OF FULLERTON, a California municipal corporation (“City”), and OVERLAND, PACIFIC & CUTLER, INC., a California corporation (“Consultant”).

W I T N E S S E T H :

A. City proposes to utilize the services of Consultant as an independent contractor to provide certain professional real property and right of way services on an as -needed basis, as more fully described herein.

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code s ection 37103, and holds all necessary licenses to practice and perform the services herein contemplated.

C. City and Consultant desire to contract for the specific services described herein, and desire to set forth their rights, duties and liabilities in connection with t he services to be performed.

D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditio ns contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the City’s Request for Proposals (“RFP”), attached hereto as Exhibit “A,” and Consultant’s Response to City’s RFP (“Consultant’s Proposal”), attached hereto as Exhibit “B,” both incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws and regulations that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the reasonable satisfaction of the City, in accordance with the applicable professional standard of care and City specifications and within the hereinafter specified. Evaluations of the wor k will be done by the City Manager or his designee. If the quality of work is not satisf actory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable and non conflicting Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinance s applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.

1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the serv ices that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s s ole cost and expense.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all da ta, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit B. Consultant’s total compensation shall be based on each proposal the Consultant submits and the City accepts for the services requested on a particular project.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in Consultant’s Proposal set forth in Exhibit “B” unless the City or the Project Man ager for this Project, prior to Consultant performing the Professional On-Call Real Property and Right Of Way Services City of Fullerton
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additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may su bmit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date of this Agreement until three (3) years after the termination date.

2.5. W-9. Consultant must provide City with a current W -9 form prior to the commencement of work under this Agreement. It is the Consultant’s responsibili ty to provide to the City any revised or updated W-9 form during the term of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue until June 30, 2025 unless terminated as provided herein. The term of this Agreement may be renewed for one additional two-year period upon mutual written agreement by both parties.

4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

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accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Insurance Required . Consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its age nts, representatives, employees or subcontractors. Consultant shall provide current evidence of the required insurance in a form acceptable to City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration, or termination of this Agreement.

Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein in Section 6.8 or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.2. Minimum Scope and Limits of Insurance.

A. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.

B. Business Automobile Liability Insurance. Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.

C. Workers’ Compensation and Employers’ Liability Insurance. Consultant shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident.

D. Professional Liability Insurance. Consultant shall maintain professional liability insurance appropriate to Consultant’s profession with a limit of not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.

E. Employee/Officer Fidelity Bond. Consultant shall m aintain a fidelity bond with a minimum limit of $1,000,000, providing coverage for the acts of all employees, officers and directors of Consultant.

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5.3. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by City.

5.4. Other Insurance Provisions. The required insurance policies shall contain or be endorsed to contain the following provisions:

Commercial General Liability. City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant, inc luding materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which Consultant is conducting ongoing operations for City but rather, shal l continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to City, its officers, employees and volunteers. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Commercial General Liability. This insurance shall be primary insurance at least as broad as ISO CG 20 01 04 13 as respects City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self - insurance maintained by City, its officer s, employees and volunteers shall be excess of this insurance and shall not contribute with it.

Professional Liability. If the Professional Liability policy is written on a “claims made” form, the Retroactive Date must be shown and must be before the date of the contract or beginning of contract work. The insurance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract work. If the coverage is canceled or non - renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of five (5) years after completion of work.

Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of City.

Employee/Officer Fidelity Bond, City shall be named as third party beneficiary for losses arising from work done on behalf of City. (Omit if the consultant is not handling City project funds)

All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.

If Consultant maintains higher limits or has broader coverage than the minimums shown above, City requires and shall be entitled to all coverage, and to the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Consultant shall ensure that City is an additional insured on insurance required from subconsultants.

Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special Professional On-Call Real Property and Right Of Way Services City of Fullerton
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circumstances.

5.5 Acceptability of Insurers. All required insurance shall be placed with insurers acceptable to City with current BEST’S ratings of no less than A, Class VII. Wo rkers’ compensation insurance may be placed with the California State Compensation Insurance Fund.

All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of City, insurance provided by non-admitted or surplus carriers with a minimum BEST’S rating of no less than A- Class X may be accepted if Consultant evidences the requisite need to the sole satisfaction of City.

5.6 Verification of Coverage. Consultant shall furnish City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self -insured retentions.

Additionally, Consultant shall furnish copies of all policy endorsements re quired herein. All certificates and endorsements must be received and approved by City before work commences.

City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotia¬tions. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

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IF TO CONSULTANT: IF TO CITY:

Overland, Pacific & Cutler, Inc.
2280 Market Street, Suite 200
Riverside, CA 92501
Attn: Vicky Cook

City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: Public Works Director

6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdi ction located in Orange County, California.

Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless . To the fullest extent of the law, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, and employees, at Consultant’s sole expense, from and against claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the professional services undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by Consultant, its employees, and/or authorized subc ontractors under this Agreement, whether or not Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable .

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints , or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’ s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Professional On-Call Real Property and Right Of Way Services City of Fullerton
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Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Ta x, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and i nterest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontrac tors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS a s an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents . All findings, reports, CAD drawings, documents, information and data , including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at th e sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.13. Public Records Act Disclosure . Consultant has been advised and is aware that Professional On-Call Real Property and Right Of Way Services City of Fullerton
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this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s re presentative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, without prejudice to any other remedy to which City may be entitled to at law or equity, Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. In addition, Consultant shall reimburse City for any and all costs, expenses and/or damages, if any, that the City has incurred due to the aforementioned error or omission.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement Professional On-Call Real Property and Right Of Way Services City of Fullerton
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are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurre nce or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoi ng, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

Professional On-Call Real Property and Right Of Way Services City of Fullerton

EXHIBIT A

REQUEST FOR PROPOSALS

C I T Y O F F U L L E R T O N

R E Q U E S T F O R Q U A L I F I C A T I O N S
RFQ #4377 ON-CALL REAL PROPERTY & RIGHT-OF-WAY SERVICES

SUBMIT YOUR
PROPOSAL BY 2:00 PM PST
ON WEDNESDAY, AUGUST 31, 2022
TO:

City of Fullerton – Purchasing
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775
RFQ Posted: August 9, 2022

Table of Contents
SECTION I NOTICE OF REQUEST FOR QUALIFICATIONS…………………………………………..1 SECTION II SCOPE OF SERVICES/SCOPE OF WORK………………………………………………...2 SECTION III INSTRUCTIONS TO PROPOSERS……………………………………………………….....3 SECTION IV REQUIRED PROPOSAL CONTENT………………………………………………………....7 SECTION V EVALUATION AND AWARD………………………………………………………………....10 SECTION VI SAMPLE PROFESSIONAL SERVICES AGREEMENT……………………………….…..12 SECTION VII STATUS OF PAST AND PRESENT CONTRACT FORM………………………………...25 SECTION VIII EXCEPTIONS FORM………………………………………………………………………....26 1 SECTION I

NOTICE OF REQUEST FOR QUALIFICATIONS
On-Call Real Property & Right-of-Way Services
NOTICE IS HEREBY GIVEN that the City of Fullerton is requesting statement of qualifications from consulting firms to provide On-Call Real Property and Right-of-Way Services for the City in support of the Public Works Department, Engineering Division . The City intends to select up to three (3) firms, but the actual number of firms selected may be based on number of responses and qualifications.

This Request for Qualifications (RFQ) provides information on the City of Fullerton, the required scope of services, the firm(s) selection process, and the minimum information that must be included in the RFQ response. Proposals will be evaluated on the basis of the overall best value to the City based on quality, service, price, and any other criteria set out herein including but not limited to, the proposer’s ability to meet the requirements, qualifications, and competencies set out herein.

BACKGROUND
The City of Fullerton is located 22 miles southeast of metropolitan Los Angeles, in the center of North Orange County. Fullerton is a full-service, general law city that was incorporated in 1904. Fullerton is renowned for its unique mix of residential, commercial, industrial, educational, and cultural environments and is known for being “the education community”. Fullerton has 52 City parks, a museum, a cultural center, a public library, a golf course, and 29 miles of recreational trails. Fullerton provides an outstanding quality of life for both residents and businesses. At 22.4 square miles, Fullerton is also one of the largest cities in Orange County by area and is the sixth most populous.

SUBMITTAL DEADLINE

TO BE CONSIDERED, ELECTRONIC PROPOSALS MUST BE SUBMITTED THROUGH PUBLICPURCHASE OR BY USB FLASH DRIVE, NO LATER THAN Wednesday, August 31, 2022 at 2:00 PM to the Purchasing Division, 303 W. Commonwealth Ave., Fullerton, California, 92832. Failure of, or disturbances in any mail is not a legitimate reason for proposals submitted after the above due date. The City may extend the deadline at its discretion.

It is not the responsibility of the City to notify potential bidders. Prospective bidders shall be notified via the City’s eProcurement portal, Public Purchase at www.publicpurchase.com. Organizations must first register as a vendor and registration is free , and organizations may select to be notified of all future bids posted by the City of Fullerton.
2 SECTION II

SCOPE OF SERVICES/SCOPE OF WORK
The City of Fullerton would like the selected firm (s) to provide Real Property and Right-of-Way Services for City improvement projects and private development activities in support of the Public Works Department, Engineering Division . The City intends to award an agreement for the solicited services for a term of three (3) years with an option to renew for an additional two (2) year period at the City’s discretion. The City encourages firms to submit qualifications for any or all parts of the key services listed below to be eligible for placement on the qualified on -call/as-needed list for each service criteria.

The work will be assigned on an as-needed basis for various projects in the city. At the City’s discretion, successful firms will be assigned projects based on qualifications in relation to the project(s) scope of work.

MINIMUM QUALIFICATIONS
Only those consultants with verifiable experience as it relates to the services requested in this solicitation will be considered during the evaluation process. Consultant staff assigned to execute the scope of services must have relevant experience in providing the necessary services as described under the scope of services. All personnel assigned to the work shall possess appropriate certifications or registrations as required by state and local agencies.

SCOPE OF WORK
Selected firms will report to, and operate un der, the direction of the City of Fullerton Public Works staff, to provide professional services to complete real estate management, planning, and right -of- way acquisition tasks as -needed for the City from private development activities to Capital Improvement Program (CIP) projects. In general, the selected consultant will be expected to provide services, including but not limited to the following:
• Obtain information and documentation to resolve real property issues as they relate to Capital Improvement Program (CIP) projects and/or private developments. • Prepare contracts, agreements, leases, deeds, reconveyances, and other means used to obtain or vacate interests in real property.
• Advise and coordinate Utility Relocation and Real Estate Relocation activities. • Assist City with development, issuance, and tracking of Encroachment Agreements. • Develop and maintain encroachment / easement database; GIS is preferred. • Review City record documents, title documents, legal descriptions, and others as needed. • Research maps, surveys and other documentations as needed from County Recorder. • Provide support for Eminent Domain activities with City’s legal counsel. • Provide support and coordination for Excess Land Sales. • Assist with development of lease rates for public land for various purposes (ie. Outdoor dining, construction storage, etc.).
• Other Right-of-Way and Property Management services as needed. 3 SECTION III

INSTRUCTIONS TO PROPOSERS
Examination of Proposal Documents
By submitting a proposal, firm(s) represents that it has thorough ly examined and become familiar with the work required under this RFQ and is capable of performing quality work to achieve the City’s objectives.

Addenda
Any changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Agreement. City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instructions. Firms shall acknowledge receipt of addenda in their proposals.

If a firm discovers any ambiguity, conflict, discrepancy, omission , or other error in the RFQ, th e proposer should immediately provide the City written notice of the problem and request that the RFQ be clarified or modified. Without disclosing the source of the request, the City may modify the documents prior to the date fixed for submission of proposals by issuing an addendum.

If prior to the date fixed for submissions, a firm(s) knows of or should have known of an error in the RFQ but fails to notify the City of the error, the firm shall submit a proposal at their own risk, and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

California Public Records Act (CPRA)
All proposals submitted in response of this RFQ become the property of the City and under the Public Records Act (Government Code Section 6250 el. Seq.) are public record, and as such, may be subject to public review. However, the proposals shall not be disclosed until negotiations are complete and/or recommendation for action is made to the City Manager and/or City Council.

If a proposer claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the proposal. Note that under California Law, price proposal to a public agency is not a trade secret.

Request for Information
Submitting Questions
All questions must be submitted and received by the City no later than 4:00 P.M. PST on Wednesday, August 17, 2022.
4 Request for clarifications, questions and comments must be submitted through the City’s eProcurement Portal via Public Purchase (www.publicpurchase.com ), a third-party website that hosts the City’s eProcurement’s. Registration is free and interested firms can select to receive automatic bid notifications from the City.

City Responses
Responses from the City will be posted on the City’s bid webpage and the City’s eProcurement Portal, Public Purchase, tentatively scheduled to be posted on August 22, 2022.

City’s Bid Webpage: www.cityoffullerton.com/business/bids-rfps City’s eProcurement Portal – Public Purchase: www.publicpurchase.com

CITY CONTACT
General questions regarding this RFQ are to be directed to the following:

City of Fullerton – Purchasing
Attn: Karen Chung, Buyer
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
Phone: 714/738-6537
Email: [email protected]
Any contact outside of the City staff/representative shall be cause for disqualification Submission of Proposals
Date and Time
Proposals must be submitted at or before 2:00 PM PST on Wednesday, August 31, 2022.

Proposals received after the above-specified date and time will not be accepted by the City and will be returned to the firm unopened.

How to Submit
Firm shall submit one (1) complete electronic proposal in one (1) USB flash drive or submit electronically through PublicPurchase. USB flash drive must be submitted in a sealed package bearing the firm’s name and address and clearly marked as follows:

RFQ #4377 On-Call Real Property & Right-of-Way Services City of Fullerton – Purchasing
Attn: Karen Chung, Buyer
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775
Phone: 714-738-6537 Email: [email protected] Proposer shall ensure that proposals are received by the City on or before the specified date and 5 time. Failure to adhere to the deadline will result in disqualification.

Acceptance of Proposals

1. City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.

2. City reserves the right to withdraw or cancel this RFQ at any time without prior notice, and the City makes no representations that any contract will be awarded to any proposer responding to this RFQ.

3. City reserves the right to postpone proposal openings for its own convenience.

4. Submitted proposals are not to be copyrighted.

5. City does not guarantee any work upon award of an agreement.

Pre-Contractual Expenses
City shall not, in any event, be liable for any pre -contractual expenses incurred by firm in the preparation of its proposal. Firm shall not include any such expenses as part of its proposal.

Pre-contractual expenses are defined as expenses incurred by firm(s) in:

1. Preparing its proposal in response to this RFQ;

2. Submitting that proposal to the City;

3. Negotiating with the City any matter related to this proposal; or any other expenses incurred by firm prior to date of award, if any, of the Agreement.

Joint Offers
Where two or more firms desire to submit a single proposal in response to thi s RFQ, they should do so on a prime-sub-consultant basis rather than as a joint venture. City intends to contract with a single firm per agreement and not with multiple firms doing business as a joint venture.

Exceptions and Deviations
The firm(s) shall enter into an agreement with the City based upon the contents of the RFQ and the firm’s proposal. The City’s standard form of agreement is included in Section VI . The firm(s) shall carefully review the agreement, especially with regard to the indemnity and insurance provisions, and include with the proposal a description of any exceptions, technical or contractual, requested to the standard contract . If there are exceptions or no exceptions, a statement to the effect shall be included in the proposal as well. All firms are required to complete an Exceptions Form and include in your proposal, which is included in Section VIII of this RFQ.

Insurance Requirements
The consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection 6 with the performance of the work hereunder by the consultant, his agents, representatives, employees or subcontractors. Consultant shall provide current evidence of the required insurance in a form acceptable to the City and shall provide replacement evidence for a ny required insurance which expires prior to the completion, expiration or termination of this Agreement.

See attached sample Professional Services Agreement for insurance requirements. 7 SECTION IV

REQUIRED PROPOSAL CONTENT
Proposal Format and Content
This section provides the requirements for which the City will look for and expect to be included in the proposal.

Electronic proposal will be submitted in a format that will print on 8 ½” x 11" size paper and uploaded in one (1) USB flash drive or through PublicPurchase . Charts and schedules must be submitted in a format that will print on an 8 ½” x 11” size paper . The firm(s) should not include any unnecessary elaborate or promotional material. Lengthy narrative is discouraged , and presentations should be brief and concise.

Letter of Transmittal
The Letter of Transmittal shall be addressed to the City of Fullerton and, at a minimum, contain the following:
(1) Identification of proposer that will have contractual responsibility with the City.

Identification shall include legal name of company, corporate address, and telephone number. Include name, title, address, email and telephone number of the contact person identified during period of proposal evaluation.
(2) Identification of all proposed sub-consultants (if known) including legal name of company, contact person’s name and address, and phone number. Relationship between proposer and sub-consultant if applicable.
(3) Acknowledgment of receipt of all RFQ addenda, if any. (4) A statement to the effect that the proposal shall remain valid for a period of no less than 120 days from the date of submittal.
(5) Signature of a person authorized to bind proposer to the terms of the proposal. (6) Signed statement attesting that all information submitted with the proposal is true and correct.

Technical Proposal
Qualifications, Related Experience, and References of Proposer This section of the proposal should establish the ability of the firm(s) to satisfactorily perform the required work by reasons of: experience in performing work of the same or similar nature ; demonstrated experience working with other public agencies; strength and stability of the firm(s); 8 staffing capability; work load; record of meeting schedules on similar contracts; and supportive client references. Most recent references preferred.

Proposer to:
(1) Provide an overview of the proposal (including the firm’s relevant experience), a summary of the firm’s understanding of the requested Scope of Work, and its approach to providing those services.
(2) A brief description of your firm’s background , size, and history as it may be relevant to the services required. Include subconsultants as applicable. (3) Describe your experience providing similar services for other public agencies and authorities, with an emphasis on California jurisdictions and agencies. (4) References – Please provide at least three (3) client references for whom your firm has performed similar work to that requested in this RFQ during the past five (5) years. For each client, please provide the name, project lead, street address, tele phone number, and email address.

Proposed Staffing and Organization
This section of the proposal should establish the method that will be used by the firm to manage the agreement as well as identify key personnel assigned. Proposed staffing and organization are to be presented by firm identified in the Scope of Work.

Proposer to:
(1) Provide education, verifiable experience and applicable professional credentials of contract staff. Include applicable professional credentials of “key” contract staff. (2) Furnish brief resumes (no more than one page each) for key personnel. (3) Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, and proposed position for this project, current assignment, and level of commitment to that assignment, availability for this assignment and how long each person has been with the firm. (4) Include an organization chart that clearly delineates communication/reporting relationships among the staff, including sub-consultants (if applicable). (5) Include a statement that key personnel will be available to the extent proposed for the duration of the project, acknowledging that no person designated as "key" to the contract shall be removed or replaced without the prior written concurrence of the City.

Detailed Work Plan
Proposer shall provide a narrative that addresses the Scope of Work and shows proposer's understanding of City's needs and requirements.
9 The Proposer shall:
(1) Describe the proposed approach and work plan for completing the services specified in the Scope of Work. The description of the approach shall discuss the services in sufficient detail to demonstrate the proposer’s ability to accomplish the City’s objectives. (2) Describe approach to managing resources, including a description of the role(s) of any sub - consultants, if applicable, their specific responsibilities, and how their work will be supervised.

Identify methods that proposer will use to ensure quality, budget, and schedule control.

Fee or Rate Proposal
Submit a rate sheet of key personnel who will be assigned to perform the services outlined in the “Scope of Work” of this RFQ. Describe how customary reimbursable expenses will be charged, including attendance at meetings in the City. Respondents verify the proposed costs are their best offer. The City may seek to enter into cost negotiations over various aspects of the fee proposal with the selected firm(s). Rates will be set for the first year, and selected firm(s) may update the rates for the subsequent years. Any proposed requests to change the adopted rates annually shall not exceed the relevant Consumer Price Index for the preceding 12 -month period and is also subject to cost negotiation. Other direct costs intended to be charged to the City need to be stated. No mark-ups will be allowed for other direct costs.

Appendices
Information considered by proposer to be pertinent to this contract and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Please note that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.

Status of Past and Present Contracts Form
Firm(s) are required to complete and sign the form entitled “Status of Past and Present Contracts” provided in this RFQ and submit as part of the proposal. The firm shall list the status of past and present contracts where either the firm has provided services as a p rime contractor or a sub - consultant during the past five ( 5) years and the contract has ended or will end in termination, settlement or litigation. A separate form shall be completed for each contract. If the contract was terminated, list the reason for termination. Firm must also identify and state the status of any litigation, claims or settlement agreements related to any of the identified contracts. Each form must be signed by the firm confirming that the information provided is true and accurate. The firm(s) are required to submit a copy of the completed form(s) as part of the proposal. 10 SECTION V

EVALUATION AND AWARD
Evaluation Criteria
City will evaluate the proposals received based on the following criteria, but not limited to, as outlined below. Respondents who are not actively engaged in providing services of the nature proposed in their response to this request and/or who cannot clearly demonstrate to the satisfaction of the City their ability to satisfactorily perform the work i n accordance with the requirements set forth in this request will not be considered. The City shall be the sole judge of the qualifications and services and its decision shall be final. Discussions may be conducted with respondents who submit qualification s determined to be reasonably acceptable of being selected for award. Any changes to the RFQ requirements will be made by addendum. All addenda shall be signed by firms and attached to the proposal. Failure to attach any addenda may render the proposal non -responsive and cause it to be eliminated from consideration.

City will evaluate the proposals received based on the following criteria:

1. Qualifications of the Firm - Technical experience in performing work of a similar nature; experience working with public agencies is mandatory; strength and stability of the firm; and assessment by client references.

2. Project Management Approach - Qualifications of proposed key personnel; logic of organization; and adequacy of labor commitment and resources to satisfactorily perform the requested services and meet the City’s needs.

3. Detailed Work Plan - Thorough understanding of the City's requirements and objectives; logic, clarity, specificity, and overall quality of work plan.

4. Fee Proposal - Reasonableness of proposed fees or rates.

The City will select a firm based upon the responding firms’ qualifications and experience, together with its resp onses to the requests for information set forth above. It should be noted that none of these factors in and of themselves are determinative, and the City reserves the right to select a firm on any basis that is in the best interests of the City. The City may contact firms in response to questions raised in their proposals and the City reserves the right to cancel this solicitation without selecting any firms.

Evaluation Procedure
An Evaluation Committee will review all proposals. The committee will be comprised of City staff and may include outside consultants. The City of Fullerton reserves the right to request clarification of additional information from any firm at any time. The committee will recommend to the City Manager the firm(s) whose proposal is most advantageous to the City of Fullerton. If required, the City Manager will then forward its recommendation to the City Council for final action. 11 After the submittals are evaluated, the City, at its sole discretion, may elect to interview all, some, or none of the firms. The interview will help to clarify each proposal, approach and qualifications for the services requested in the scope of work . Firms may be asked to submit additional documentation at or after the interview stage. Based upon the interview and evaluation of the proposals, the top-ranked firm will be recommended to the City Manager and/or City Council (if necessary). In addition, the City reserves the right to select a firm without conducting interviews or to abandon this RFQ. Final selection of a firm and authority awarding the contract to proceed with these services shall be at the sole discretion of the City and if required, City Council.

Award
The City of Fullerton may negotiate contract terms with the selected firm(s) prior to award, and expressly reserves the right to negotiate with several firms simultaneously. However, since the selection and award may be made without discussion with any firm, the proposal submitted should contain firm's most favorable terms and conditions.

City Manager and/or City Council action will be requested by City staff to award contract to the selected firm(s).

Notification of Award
Firms who submit a proposal in response to this RFQ shall be notified regarding the firm(s) awarded a contract. Such notification shall be made within seven (7) days of the date the contract is awarded.

Notification of Intent to Award will be emailed to firms w ho submitted a proposal, and will also be available on the City’s bid webpage www.cityoffullerton.com/business/bids-rfps and on the City’s eProcurement platform (www.publicpurchase.com).

Tentative Schedule
** Tentative Schedule may be changed at the City’s discretion, Interviews and Negotiations will be scheduled if required **
Release of RFQ August 9, 2022
Question Submittal Deadline August 17, 2022, at 4:00 P.M. PST Response to Questions Posted August 22, 2022
RFQ Submittal Deadline August 31, 2022, at 2:00 P.M. PST Consultant Interviews/Contract TBD
Scope Negotiations
Contract Award September 20, 2022
12 SECTION VI

SAMPLE PROFESSIONAL SERVICES AGREEMENT
SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]

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CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
[VENDOR/CONSULTANT BUSINESS NAME]
THIS AGREEMENT is made and entered into this __ day of [MONTH, YEAR] (“Effective Date”), by and between the CITY OF FULLERTON, a California municipal corporation (“City”), and [VENDOR/CONSULTANT BUSINESS NAME], a [California corporation] (“Consultant”).

W I T N E S S E T H :

A. City proposes to utilize the services of Consultant as an independent contractor to provide certain [ INSERT BRIEF DESCRIPTION OF SCOPE OF SERVICE ] services, as more fully described herein.

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated.

C. City and Consultant desire to contract for the specific services described herein, and desire to set forth their rights, duties and liabilities in connection with the services to be performed.

D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the [Services & Fees Schedule attached hereto as Exhibit “A”] and incorporated herein by this reference.

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[CONSULTANT NAME]

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(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable and non conflicting Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement . Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against Ci ty for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its ow n employees perform services similar to those services contemplated by this Agreement.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the [fee schedule set forth in Exhibit A].

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[CONSULTANT NAME]

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2.2. Additional Services. Consultant may perform the [additional services described in Exhibit “B”] attached hereto and incorporated herein by this reference if specifically engaged to do so by City. Consultant shall not receive compensation for any services provided outside the scope of services specified in [Exhibit A] unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at m utually convenient times from the Effective Date of this Agreement until three (3) years after the termination date.

2.5. W-9. Consultant must provide City with a current W -9 form prior to the commencement of work under this Agreement. It is the Consultant’s responsibility to provide to the City any revised or updated W-9 form during the term of this Agreement.

3.0. TIME OF PERFORMANCE

3.2. Excusable Delays . Neither pa rty shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue through [ INSERT TERMINATION DATE (i.e. December 31, 2020)], unless terminated as provided herein.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]

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services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional se rvices actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services c ontemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncomp leted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Insurance Required . Consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractors. Consultant shall provide current evidence of the required insurance in a form acceptable to City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration, or termination of this Agreement.

5.2. Minimum Scope and Limits of Insurance.

A. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.

B. Business Automobile Liability Insurance. Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1 ,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.

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[CONSULTANT NAME]

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D. Professional Liability Insurance. Consultant shall maintain professional liability insurance appropriate to Consultant’s profession with a limit of not less than $2,000,000.

Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work.

E. Employee/Officer Fidelity Bond. Consultant shall maintain a fidelity bond with a minimum limit of $1,000,000, providing coverage for the acts of all employees, officers and directors of Consultant.

F. Cyber Liability Insurance. C onsultant shall maintain cyber liability insurance coverage with a limit of not less than $2,000,000 per claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include but not be limited to claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines, penalties and credit monitoring expenses with limits sufficient to respond to these obligations.

5.3. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by City.

5.4. Other Insurance Provisions. The required insurance policies shall contain or be endorsed to contain the following provisions:

A. Commercial General Liability. City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of C onsultant, including materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which Consultant is conducting ongoing operations for City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to C ity, its officers, employees and volunteers.

B. Commercial General Liability. This insurance shall be primary insurance as respects City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self -insurance maintained by City, its officers, employees and volunteers shall be excess of this ins urance and shall not contribute with it.

C. Professional Liability . If the Professional Liability policy is written on a “claims made” form, the Retroactive Date must be shown and must be before the date of the contract or beginning of contract work. The in surance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract work. If the coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of five (5) years after completion of work.

D. Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]

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on behalf of City.

E. Employee/Officer Fidelity Bond, C ity shall be named as third party beneficiary for losses arising from work done on behalf of City.

F. All Coverages. E ach insurance pol icy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.

If Consultant maintains higher limits or has broader coverage than the minimums shown above, City requires and shall be entitled to all coverage, and to the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum lim its of insurance and coverage shall be available to City.

G. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Consultant shall ensure that City is an additional insured on insurance required from subconsultants.

H. Special Risks or Circumstances. C ity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

5.5 Acceptability of Insurers . All required insurance shall be placed with insurers acceptable to City with current BEST’S ratings of no less than A, Class VII. Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund.

Additionally, C onsultant shall furnish copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by City before work commences.

City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

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[CONSULTANT NAME]

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6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with C ity during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

IF TO CONSULTANT: IF TO CITY:

[VENDOR/CONSULTANT NAME]
[MAILING ADDRESS]
Attn: [NAME AND TITLE]

City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: [NAME AND TITLE]

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

Page 20 ends

and employees, at Consultant’s sole expense, from and against claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the professional services undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by Consultant, its employees, and/or authorized subc ontractors under this Agreement, whether or not Cons ultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable .

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, compla ints, or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no for ce and effect.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, repr esent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Cons ultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptl y pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment o f any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]

Page 21 ends

any contribution to be paid by Cit y for employer contribution and/or employee contributions for PERS benefits.

6.12. Ownership of Documents . All findings, reports, CAD drawings, documents, information and data , including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other Project related items as requ ested by City or its authorized representative, at no additional cost to the City.

6.13. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Recor ds Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret inc luding, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.15. Responsibility for Errors. Consultant shall be re sponsible for its work under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, without prejudice to any other remedy to which City may be entitled to at law or equity, Consultant shall, at no cost to City, provide all necessary design drawings, estimates and oth er Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]

Page 22 ends

and to participate in any meeting required with regard to the correction. In addition, Consultant shall reimburse City for any and all costs, expenses and/or damages, if any, that the City has incurred due to the aforementioned error or omission.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.19. No Third Party Benefici ary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Ag reement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be u nenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]

Page 23 ends

binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provision s of this Agreement.

6.27 Executive Order N -6-22. On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions i mposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entit ies that are determined to be a target of Economic Sanctions. Accordingly, should the City determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for te rmination of this agreement. The City shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the City.

Contractor shall immediately notify City in writing upon being subjected to Economic Sanctions or upon being charged by an government agency of conducting prohibited transactions within the meaning of Executive Order N-6-22.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF FULLERTON
__________________________________ Date: __________________________ City Manager

CONSULTANT
__________________________________ Date: __________________________ [NAME AND TITLE]
_On File___________________________
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
24 __________________________________
Richard D. Jones, City Attorney
25 SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM
Firm is required to complete and sign the form entitled “Status of Past and Present Contracts” provided in this RFQ and submit as part of the proposal. Firm shall list the status of past and present contracts where either the firm has provided services as a pri me contractor or a sub - consultant during the past five (5) years and the contract has ended or will end in termination, settlement or litigation. A separate form shall be completed for each contract. If the contract was terminated, list the reason for term ination. Firm must also identify and state the status of any litigation, claims or settlement agreements related to any of the identified contracts. If no contract ended in termination, settlement or litigation, a statement to that effect shall be made on this form. Each form must be signed by the firm’s confirming that the information provided is true and accurate. Firm is required to submit a copy of the completed form(s) as part o f the electronic proposal on the one (1) USB Drive requested.

By signing this Form entitled “Status of Past and Present Contracts,” I am affirming that all of the information provided is true and accurate.

Signature_________________________ Date___________________________ Name: ___________________________
Title:_____________________________

26 SECTION VIII

EXCEPTIONS FORM
If your company is taking exception to any of the specifications, terms or conditions (including insurance indemnification and/or proposed contract language) stated in this Request for Qualifications, please indicate below and describe details: (check any that apply). _____ No exceptions taken
_____ Exception taken to the scope of work or specifications _____ Exception taken to indemnification and insurance requirements _____ Exception to proposed contract language
_____ Other
Please explain any of the checked items
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ PROPOSING FIRM___________________________________________ DATE____________ BUSINESS ADDRESS _________________________________________________________ SIGNATURE OF REPRESENTATIVE:_____________________________________________ BY:_____________________________________ TITLE ______________________________ INSTRUCTION REGARDING SIGNATURE: If proposer is an individual, state "Sole Owner" after signature. If firm is a partnership, signature must be by a general partner, so stated after "Title".

RFQ# 4377 On-Call Real Property & Right-Of-Way Services Questions & Responses

1. Are all of the insurance requirements and minimums listed in the sample agreement required of this contract as well? Are they required of subconsultants too?

RESPONSE: Yes, all insurance requirements and minimums listed in the sample agreement are required for the On-Call Contract(s).

Insurance requirements are also required for subconsultants, but that responsibility falls on the prime consultant.

2. Paragraph 5.2.F - Cyber Liability Insurance: We currently have $1MM in Cyber Liability Insurance. Would the City of Fullerton accept our $1MM?

RESPONSE: Yes, but it must include a $2 million aggregate.

3. Sample Agreement, Paragraph 6.8 - Indemnification and Hold Harmless: We would like to request additional language be added to account for a finding of comparative fault.

Suggested language: "If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City , then Consultant's indemnification and defense obligations shall not exceed Consultant's proportionate percentage of fault."

RESPONSE: The City cannot accept this modification to the language contract at the moment.

However, proposers may submit this request with the RFQ. If selected, City Attorney will review the modification to the contract language for acceptance or declination.

4. Does the City have an existing bench of on-call appraisers and appraisal reviewers?

RESPONSE: No, the City does not have an existing bench of on -call appraisers and appraisal reviewers.

5. Does the City have an existing bench of on-call title insurance firms?

RESPONSE: No, the City does not have an existing bench of on-call title insurance firms.

Professional On-Call Real Property and Right Of Way Services City of Fullerton

EXHIBIT B

CONSULTANT’S PROPOSAL

Brian Everett
Chief Executive Officer
Main : 562.304.2000
Direct : 562.304.2060
E : [email protected]
Vicky Cook
Director of Programs
Main : 951.683.2353
Direct : 714.767.9978
E : [email protected]
OPC Principal Broker OPC Program Manager
www.OPCservices.com
overland, pacific & cutler, llc
Due: August 31, 2022 by 2:00 PM
Valid: For a minimum of 180 days
RFQ #4377

ON-CALL

REAL PROPERTY
& RIGHT-OF-WAY

SERVICES

Enhancing Lives Through Infrastructure
opcservices.com
2280 Market St., Suite 200, Riverside, CA 92501
800.400.7356 | opcservices.com
Table of Contents
Page
4 Qualifications, Experience, References
11 Proposed Staffing and Organization
15 Work Plan
25 Rate Proposal
28 Required Forms
31 Team Resumes

2280 Market St., Suite 200, Riverside, CA 92501
800.400.7356 | opcservices.com
August 31, 2022
Karen Chung, Buyer
City of Fullerton – Purchasing
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
Subject: RFQ #4377, On-Call Real Property and Right-of-Way Services Submitted via: Public Purchase
Dear Karen:

Overland, Pacific & Cutler, LLC, (OPC) understands the City of Fullerton (City) is requesting Statement of Qualifications (SOQ) for on-call Real Property and Right-of-Way (R/W) Services in support of the Public Works Department, Engineering Division.

For 42 years, OPC has been the leader in California and the Western US supporting municipal agencies with comprehensive right of way services, both on an as-needed and project-specific basis. We understand that the Engineering Division of the Public Works Department is in need of a variety of real estate tasks to support City properties, infrastructure maintenance, and projects under the City’s Capital Improvement Program (CIP), on an as-needed basis. In the pages that follow, we present our strategies to ensure the City will have an available and qualified right of way team and why the OPC team is indispensable to your future projects.

Since our start, OPC has assisted a variety of governmental and non-governmental organizations with their real estate and related needs. Our depth of directly-relevant experience and our proven success on projects for similar agencies, sets our firm apart from the competition. We are excited about the opportunity of assisting the City on projects that will enhance the quality of life of its residents and businesses.

OPC has teamed with Integra Realty Resources (IRR) to provide appraisal services led by OPC’s Appraisal Manager, Andy Nierenberg. IRR is a DBE, WBE, and SBE appraisal firm with a local Orange County office.

Beth B. Finestone, MAI, AI-GRS, FRICS, CRE, will act as IRR’s contact at 16030 Ventura Boulevard, Suite 620, Encino, CA 91436-4473, telephone 818.290.5400, and email [email protected]. OPC and IRR have enjoyed a long-standing relationship, working together on several past projects.

Vicky Cook, Director of Programs, will act as the City’s contact during the period of proposal evaluation. Her contact info, along with identification of OPC’s corporate address, is included at right.

The OPC team looks forward to guiding your future projects on a path of success and offering excellence in Real Property and Right of Way Services to the City of Fullerton. This proposal will remain valid for a period of no less than 120 days. We are in receipt of Addendum 1. By signing below I am attesting that all information submitted with our SOQ is true and correct.

Sincerely,
Brian Everett
Chief Executive Officer
OPC
Vicky Cook
Director of Programs
2280 Market Street
Suite 200
Riverside, CA 92501
P : 714.767.9978
[email protected]
Corporate Office
5000 Airport Plaza Drive
Suite 250
Long Beach, CA 90815
P : 562.304.2000
Contact Information
Enhancing Lives Through Infrastructure
opcservices.com

T E C H N I C A L P R O P O S A L
Qualifications, Experience, References
Qualifications,
Related Experience,
and References
OPC is way above its competitors in
the industry. I have a very positive
experience and feelings about OPC
and its staff. I would recommend
OPC to our colleagues if asked for
my opinion.

Didar Khandker, PE, MSCE
City of Redondo Beach
Engineering Services Division
Qualifications, Experience, and References
Enhancing Lives Through Infrastructure
opcservices.com
RFQ #4377 - CITY OF FULLERTON
ON-CALL REAL PROPERTY & RIGHT-OF-WAY SERVICES page 5
opc

ADVANTAGE
Synergy: team
already working
together on
projects

ADVANTAGE
Available for this
contract and
ready to proceed
The OPC
Advantage
The OPC
Advantage
Overland, Pacific & Cutler, LLC, (OPC) presents the following Statement of Qualifications (SOQ) to the City of Fullerton (City) to share our understanding and experience providing on-call real property and right of way (R/W) services. For 42 years, OPC has worked on on-call R/W service contracts for similar agencies throughout the state of California. Our SOQ will convey to the City why we are the best choice to keep all aspects of your projects in compliance with local, state, and/or Federal funding requirements and other guidelines. Our depth of local knowledge and technical expertise gained on similar projects sets our team apart.

The information presented will confirm our abilities to meet all requirements of the RFQ:
• Verifiable experience as it relates to the services requested, through references that can speak of our past success.
• Long history providing all facets of the services as outlined in the RFQ. • Available personnel that possess appropriate certifications, registrations, licensing as required by state and local agencies.
• In-house, turnkey services to meet all of the scope items as defined, plus the addition of an experienced appraisal team.
• Time-tested management programs and systems in place to keep your projects on track. (1) OVERVIEW OF THE PROPOSAL
Overview of the Proposal, Experience
RELatED ExPERiEnCE
Enhancing Lives Through Infrastructure
opcservices.com
page 6RFQ #4377 - CITY OF FULLERTON

ON-CALL REAL PROPERTY & RIGHT-OF-WAY SERVICES
opc
Project
Client /
Project Name Description
1 City of Santa Ana
Public Works
Warner Avenue
Widening Project
The corridor will increase to six lanes from four lanes and include ADA compliant pedestrian improvements and dedicated bike lanes.

OPC, led by Roy Guinaldo, RWA, RWP , is responsible for right-of- way acquisition and relocation during Phase I for 23 parcels and 32 households and businesses. OPC developed the right-of-way acquisition and relocation cost estimates, followed by relocation planning and acquisition and relocation.
2 City of Lancaster
Pedestrian
Gap Closure
Improvements
Project
This Federally funded project is part of a comprehensive effort to promote active transportation within the City of Lancaster, including street widening, curb ramps, grading, and installation of curb, gutter, and sidewalks. Led by Project Manager Kelly Dewitt, OPC provided R/W engineering documents; investigated title issues; determined MVE per the Uniform Act; negotiated to obtain consent for dedications; cleared escrow; and prepared R/W Certification Forms. The project involved 29 properties that ranged in zoning from vacant land to residential and commercial properties. 3 Riverside County
Transportation
Commission
(RCTC)
SR-91 CIP Surplus
Land Sales
OPC is contracted with RCTC to manage the disposition of surplus Land and parcels following the extensive SR-91 Corridor Improvement Project (CIP). A total of 38 vacant commercial, industrial, and residential lots were left over from the extensive SR- 91 CIP project. Led by Roy Guinaldo, Senior Project Manager, OPC is responsible for Public Agency Noticing prior to placing parcels on the open market to the public. We use LoopNet, CoStar, and the Multiple Listing Service (MLS) to market the properties. OPC is also responsible for the coordination of Purchase Agreements, escrow, and title.
4 City of Anaheim
Public Works
West and Citron
Street Sidewalk
Gap Closure
Acquisition
OPC worked with the City of Anaheim to acquire permanent and temporary easement rights to support sidewalk improvements along Citron Street using non-federal funds. OPC coordinated PTRs and ROW certifications. OPC also provided a Minimum Value Estimate and right of way acquisition services for one parcel for the 845 Citron Project.
5 City of La Quinta
Public Works
La Quinta Village
Complete Streets
Project
This project was funded by a $7.313 million ATP Cycle 3 Grant. It includes five new roundabouts in the La Quinta Village for safer and more accessible roadways for pedestrians and bicyclists. OPC provided R/W services for three permanent partial acquisitions and two TCEs. The services included early planning, preparing R/W cost estimates, R/W data sheets, appraisal coordination, negotiations for part takes and permits to enter, and R/W certifications.

At OPC, satisfaction of our clients is our top priority. The following City projects outline our related experience providing similar services. References for each project are included in section “(4) References” .

Related Experience
OPC has extensive experience with on-call contracts for Public Works departments for our City agency clients on roadway, sidewalk, curb, gutter improvements, and more. All services under this contract will be performed in accordance with the regulations and standards of the acquiring agency and the Uniform Act. The OPC team will adhere to all professional standards and ethics, and all other applicable laws and regulations.

Our staff of licensed and credentialed personnel have an excellent working knowledge of Title 49 Code of Federal Regulations (CFR) Part 24, State of California Eminent Domain Law, Uniform Standards of Professional Appraisal Practice (USPAP), Caltrans R/W Manual Acquisition guidelines, and other applicable guidelines, policies, and procedures.

At OPC, we recognize that we represent the human side of our clients’ projects. The OPC Team’s overriding approach is to complete our work in a timely and proficient manner, while treating owners and others impacted by the Project respectfully and equitably. Success in any right of way assignment is contingent upon communicating technical data to people who may be apprehensive. As your representative, our objective is to build trust within the local community on your behalf.

Our team will follow an integrated approach emphasizing proactive coordination with City staff, engineering consultants, and legal counsel during all tasks. An outline of our integrated work plan goes into further detail in the Work Plan section, beginning on page 15.

SUMMaRY OF U nDERStanDinG anD aPPROaCH
Enhancing Lives Through Infrastructure
opcservices.com
RFQ #4377 - CITY OF FULLERTON
ON-CALL REAL PROPERTY & RIGHT-OF-WAY SERVICES page 7
opc
Summary of Understanding

PROGRAM MANAGEMENT
Established, successful program
management relationship,
exceptional know-how.

LOCATION & RESOURCES
Local offices with depth of
resources unparalleled by other
firms.

INTEGRATED P1 SYSTEM
Communication and reporting
with our state-of-the-art
Sharepoint based system.

SERVICES UNDER ONE ROOF
Turnkey services provided by
an integrated team available to
meet the City’s expectations.

It’s how we do our
work that makes OPC
a leader in right of way
services for California
Public Agencies.

Enhancing Lives Through Infrastructure
opcservices.com
page 8RFQ #4377 - CITY OF FULLERTON

ON-CALL REAL PROPERTY & RIGHT-OF-WAY SERVICES
opc
(2) DESCRIPTION OF THE FIRM
innOVatiOn
CLOUD SH aRinG
RESPO nSiVEnESS
OPC utilizes a state-of-
the-art dedicated project
management tool called
ProjectOne®. ProjectOne®
gives the client access to up-
to-date, real-time information
via a secure site that you can
simply login to at any time.

Because our work is ‘in
the cloud’, all reports and
information are at your
fingertips whenever you need
it. Our automated reporting
platform utilizes the latest
technology for management of
project data, progress tracking,
documentation, and reporting.

Nothing beats hopping on
a quick call and getting
the information you need
immediately. Our goal is to
ensure at any point in time you
know exactly how your project
is progressing.

Overland, Pacific & Cutler, LLC (OPC) was established in 1980 to provide right of way and related real property
services to public agencies. Our clients include public works and utilities, transportation authorities, housing authorities, school districts, community development
agencies, and municipal governments.

OPC operates 10 offices staffed by more than 100
employees. California office locations include Long
Beach (headquarters), Riverside, Alameda and
Sacramento. Additional offices are located in Texas,
Nevada, Arizona, and Washington DC.

For 42 years, OPC has had an exclusive
focus on R/W services for public projects
of all types.

OPC brings to the City our local Southern California
experience negotiating on behalf of governmental
entities with local landowners.

OPC is currently working on public works, roadway,
highway, and utility projects with both State and
Federal funding and our team deeply understands how
to build trust within the Fullerton community for timely negotiated settlements.

APPRAISAL SUBCONSULTANT
Leveraging our relationships with our peers in the appraisal community, OPC has incorporated an appraisal subconsultant to support our in-house valuation group. Integra Realty Resources has worked with OPC for more than 25 years.

Integra Realty Resources - Los Angeles (IRR-LA) serves all of Southern California in the areas of real property valuation and appraisal. As a national appraisal firm, Integra Realty Resources provides real estate valuation and counseling services for a broad range of property types, addressing diverse client needs. Their Los Angeles team is led by former OPC Appraisal Director Rick Donahue.

One page resumes for the IRR team are included in the Appendix.

Firm Description

Enhancing Lives Through Infrastructure
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RFQ #4377 - CITY OF FULLERTON
ON-CALL REAL PROPERTY & RIGHT-OF-WAY SERVICES page 9
opc
Services for California Public Agencies
OPC knows that proven and successful public infrastructure experience is vital to the City. OPC has been a leader in turnkey services for public works, transportation, energy and utility, and City agencies throughout the state.

Our extensive experience has resulted in OPC becoming the preferred R/W service provider for government agencies across California. OPC assists the following clients with similar services; this is only a partial list. (3) SIMILAR SERVICES FOR CALIFORNIA PUBLIC AGENCIES
• City of Anaheim
• City of Buena Park
• City of Garden Grove
• City of Irvine
• City of La Habra
• City of Laguna Beach
• City of Laguna Hills
• City of Laguna Niguel
• City of Mission Viejo
• City of Santa Ana
• City of Stanton
• City of Tustin
• City of Yorba Linda
• South Coast Water
District
• Yorba Linda Water
District
• Orange County Public
Works
• Orange County
Transportation
Authority (OCTA)
• The Tollroads
(Transportation
Corridor Agencies)
Knowledgeable, responsive
and work to make sure the
client has what they need and
are satisfied with their services.

Understanding what the client
needs and if there is some
difference, they work through
it in a professional and polite
manner.

Mary Torres, Property Services
Officer, City of Long Beach
Property
Management
Brokerage
Services
Construction
Support/Close
Out
Feasibility &
Cost Studies
Title & Escrow
Coordination
Appraisal
Valuation
Acquisition
Relocation
Assistance
Utility
Coordination
The OPC team brings expert working knowledge of Title 49 Code of Federal Regulations (CFR) Part 24, State of California Eminent Domain Law, Uniform Standards of Professional Appraisal Practice (USPAP), Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, effective as of February 2005 (URA or Uniform Act), and Caltrans Right of Way Manual.

Program Manager Vicky Cook and Senior Project Manager Roy Guinaldo, bring extensive experience on California right of way programs. In selecting the OPC team, the City receives the attention of the most qualified ROW specialists available. This will result in assured program compliance, preservation of funding, and right of way and related services on-time and within your budget.

Enhancing Lives Through Infrastructure
opcservices.com
page 10RFQ #4377 - CITY OF FULLERTON

ON-CALL REAL PROPERTY & RIGHT-OF-WAY SERVICES
opc
The following references correspond to the relevant experience table on page 6. Please contact our references to hear about how OPC helped similar agencies achieve their project delivery goals. (4) REFERENCES
Project #
Client
Project Name Contact / Project Lead
Address
Telephone / Email
# 1
City of Santa Ana
Warner Avenue Widening
Project
Kenny Nguyen, PE
Senior Civil Engineer
20 Civic Center Plaza
Santa Ana, CA 92701
714.647.5663
[email protected]
# 2
City of Lancaster
Pedestrian Gap Closure
Improvements Project
Edith Witte
Engineer – Capital Programs
44933 Fern Avenue
Lancaster, CA 93534
661.945.6866
[email protected]
#3
Riverside County
Transportation Commission
(RCTC) Surplus Land Sales
Hector Casillas
Right of Way Manager
4080 Lemon St., 3rd Floor
Riverside, CA 92502
951.787.7141
[email protected]
#4
City of Anaheim
West and Citron Street
Sidewalk Gap Closure
Acquisition
Cesar Carrillo, PE,
Principal Civil Engineer
200 S. Anaheim Blvd.

Anaheim, CA 92805
714.765.5175
[email protected]
#5
City of La Quinta
La Quinta Village Complete
Streets Project
Bryan McKinney
Public Works Director / City
Engineer
78-495 Calle Tampico
La Quinta, CA 92253
760.777.7045
[email protected]
References
Enhancing Lives Through Infrastructure
opcservices.com
Proposed Staffing and Organization
OPC Corporate Headquarters
Proposed Staffing
and Organization
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(1) EXPERIENCE OF CONTRACT STAFF
Experience of Key Personnel
The following project matrix includes examples of recent assignments completed over the past 5 years by the proposed team members. Our goal is to provide the City with an experienced team ready to get the job done, on time and within budget.

Client Project / Date Size/Services Key
Personnel
Riverside County
Transportation
Commission (RCTC)
Mid-County Parkway
Project
57 Impacts; 250 properties;
turnkey R/W services
Vicky Cook
Roy Guinaldo
RCTC/Western Riverside
County Regional
Conservation Agency
On-Call Contract Residential, Rural, Vacant, and
Commercial parcels;
Appraisal Review
Vicky Cook
Roy Guinaldo
Kelly Dewitt
Andy Nierenberg
San Bernardino County
Transportation Authority
(SBCTA)
I-10 Express Lanes Project-
Design Build
210 Parcels; Acquisition,
Relocation, Utility Coordination
Vicky Cook
Roy Guinaldo
Kelly Dewitt
Katie Quick
San Bernardino County
Transportation Authority
(SBCTA)
I-10 Cedar Interchange Utility Coordination, coordination of potholing, 6 utility owners
Keith Williams
City of Palmdale Avenue S-8 and 40th Street
Roundabout
11 Parcels; Project management,
appraisal, R/W Certification
Roy Guinaldo
City of Lancaster Pedestrian Gap Closure 26 Parcels; Project Management, title, plats/maps, cost estimating
Roy Guinaldo
Kelly Dewitt
Katie Quick
Riverside County
Transportation
Commission (RCTC)
SR-91 Corridor
Improvement Project
Surplus Land Sales
30+ Parcels, open market and
auction sales, brokerage services
Roy Guinaldo
Kelly Dewitt
Katie Quick
City of Bakersfield/TRIP Centennial Corridor
Improvement Project
OPC performed 398 acquisition
and assisted with 985 relocations.

Also provided property
management services.

Vicky Cook
Roy Guinaldo
Kelly Dewitt
Katie Quick
City of El Monte Temporary and Permanent
Relocations
Project Manager responsible for
temporary/permanent residential
relocations. Coordination of
movers, MOU, etc.

Norma Jacquez
Information on the key personnel education, project experience, and applicable professional credentials are included in the resumes at the end of our proposal (Appendix). (2) RESUMES FOR KEY PERSONNEL
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Availability of Staff
Name/Office
Location
Years with Firm Proposed Position
Current Assignment Level of
Commitment
%
Availability
Vicky Cook
Riverside
18 Years with OPC
Program Director/
Project Oversight
Oakland Housing 10%
North County Corridor 15%
Glendale, On Call 10%
City of Santa Ana RW Specialty 10%
POLB Pier B On-Dock 15%
40%
Roy Guinaldo, RWA,
RWP
Long Beach
21 Years with OPC
Senior Project
Manager/Broker
City of Santa Ana RW Specialty 20%
I-10 Express Lanes 20%
RCTC Surplus Sales 10%
50%
Kelly Dewitt
Long Beach
6 Years with OPC
Project Manager/
Senior Acquisition
I-10 Express Lanes 20%
10th Street Widening 20%
City San Bernardino Pepper Ave 15%
City of Santa Ana Lift Station 10%
35%
Norma Jacquez
Long Beach
20 Years with OPC
Project Manager/
Relocation
Studio 6 Motel Relocations 15%
Quality Inn Relocations 15%
City of Thousand Oaks On-Call 10%
LA Metro 15%
45%
Keith Williams
Riverside
4 Years with OPC
Senior Utility
Manager
Cajalco at I-15 20%
SBCTA I-10 Cedar Avenue 25% 55%
Katie Quick
Long Beach
4 Years with OPC
Senior Agent
I-10 Express Lanes 20%
Rancho San Pedro 15%
West Valley Connector 10%
55%
Andy Nierenberg
Long Beach

1.5 Years with OPC
Appraisal Manager
Various Projects (continuously revolving) 50%
Inez Garcia
Riverside
25 Years with OPC
Escrow Coordinator Various Projects (continuously revolving) 50% The table that follows includes the key personnel, office location, years with firm, proposed position on the contract, level of commitment on current assignments, and percent of availability. As the City’s projects are as- needed on-call assignments, we can assure there will be staff available due to the additional staff we have in our local offices.
(3) AVAILABILITY OF KEY STAFF
OPC has translators on staff because we know that our
success rate is increased significantly by being able to converse in the primary language of the people affected by your projects. OPC maintains a database of all relocation documents and brochures in both English and Spanish
translation. We also have relationships established with additional translators for any languages outside of OPC’s translation capabilities.
30%
BILINGUAL STAFF ¡Hola!
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(4) ORGANIZATIONAL CHART - KEY STAFF
(5) No key staff will be removed or replaced without prior written concurrence of the City.

Vicky Cook
Roy Guinaldo, RWa,
RWP
Broker
Katie Quick
Senior Agent
inez Garcia
Title & Escrow
Project Coordinator
Property Management
Legal Descriptions
Records Search
Map Research
Eminent Domain Support
Cost Estimating/Analysis
andrew P .
nierenberg
Appraisal Manager
Appraisal
Subconsultant:

Beth Finestone, MAI
Rick Donahue, MAI
integra Realty
Resources
Keith Williams
Sr. Utility Manager
+ Utility Coordinators
Kelly Dewitt
Project Manager
+ Sr. Agents/Agents
norma Jacquez
Project Manager
+ Relocation Agents

PROGRAM

DIRECTOR

SENIOR PROJECT

MANAGER

ADDITIONAL RIGHT OF WAY SERVICES
PERFORMED BY OPC STAFF:

UTILITY

COORDINATION

ACQUISITION/

NEGOTIATION

RELOCATION

ASSISTANCE
Organizational Chart
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Work Plan
Work
Plan
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Work Plan
(1) APPROACH AND WORK PLAN
OPC’s Project Management approach will be based on solid communication to determine parcel management requirements and objectives. OPC will utilize comprehensive plans to manage each project in compliance with the City’s Policies and Procedures. We will identify the activities that must be accomplished on each and every project. Our management approach will include:
• Comprehensive initial project planning, including policy and budget analysis. • Tracking/managing all budgetary-related, recordkeeping, and regulatory compliance aspects of the project associated with our scope of work.
• Maintaining OPC’s ProjectOne® platform (as outlined on page 23). • Assisting with development of administrative policies, procedures, and forms. • General consultation/project coordination with client and project team members. • Manage and attend required meetings including City meetings, Advisory Committee meetings, or public stakeholder’s meetings, whether via Zoom/Teams or in person, as requested. • Administration of tracking reports to monitor completion of project tasks. • Preparation/presentation of monthly written status reports, as required. • Identification of any foreseeable challenges to managed parcels, budget, or schedule.

PROJECt ManaGEMEnt
Orange County is a growing community with a diverse population.

To accommodate ongoing project needs, the City is seeking a variety of services to support its future on-call assignments. OPC provides an extensive list of one-stop-shop services to suit your needs. It will be essential that the City has a trusted right of way (R/W) partner on board.

OPC is committed to the delivery of timely, responsive, cost- competitive on-call consulting services. OPC can provide all of the services you require to complete your on-call assignments:
• Acquisition/Negotiation including right of entry, rights of way, and land use
• Brokerage services including surplus sales, leasing, market analysis
• Title search, title clearance, and ordering of preliminary reports. • Utility Coordination, relocation assistance, and help with other right of way related activities.
• Property Management, including managing surplus parcels. • Appraisal Coordination
• Coordinating and processing permanent and construction easements with utilities.
• Comprehensive, documented project close out.
• Eminent domain assistance, when required.

Voluntary Acquisition
Avoid Condemnation
Timely
Relocation
Counseling
Factually
Supported
Offer
Well
Planned
Appraisal
Solution-Driven Methods
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OPC will support your projects with title and escrow coordination services, as follows:

1. Secure vesting deeds, property profile, and tax map for each property.

2. Secure preliminary title reports (PTRs) for each property acquisition. PTRs will be updated within one year of receipt, at no additional cost unless an ownership change has occurred. If an acquisition goes through escrow, the PTR will be updated at the opening of escrow and a title policy will be issued at close of escrow. If an acquisition goes into to condemnation, the PTR will be upgraded to a Litigation Guarantee at an additional cost from the Title Company. PTR’s include hyperlinks to the recorded back-up documents.

3. Secure copies of recorded back-up documents as needed. Share preliminary title information with right of way engineer, surveyor, and real estate appraisers for their use on the project. Prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with approved project plan.

4. Facilitate changes to preliminary title reports after the preparation of the legal descriptions, if necessary for partial acquisition projects.

TITLE & ESCROW SERVICES

APPRAISAL COORDINATION AND REVIEW
OPC’s in-house Caltrans experienced appraiser, Andy Nierenberg, will provide coordination of the City’s on- call appraisal needs including coordinating with our subconsultant Integra Realty Resources, and/or providing appraisal review.

Work Plan
This scope of work will be led by Roy Guinaldo, RWA, RWP , and supported by additional members of the proposed team. As a licensed California Broker, Roy will provide the City with real property services including:
• Property Disposition, Surplus/Excess Land Sales and Evaluation • Market Analysis and Professional Broker’s Opinion of Value (PBOV) • Prepare contracts, agreements, leases, deeds, and other services for vacate interests in real property • Development of lease rates for public land for various purposes

BROKER AGE/REAL ESTATE SERVICES

FEASIBILITY

STUDIES

PROPERTY

DISPOSITION

PROFESSIONAL
BROKER’S OPINION OF

VALUE (PBOV)

PROPERTY

SEARCHES
MARKET

ANALYSIS

SURPLUS
LAND
SALES
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ACQUISITION /NEGOTIATION SERVICES
Personally contact owner and represent the City and its project. Answer questions, discuss concerns, and act as liaison between City and landowner. Respond quickly to all parties involved within two (2) business days of any inquiries.

Skillfully-trained OPC team members will provide good-faith negotiations utilizing our integrative approach toward win-win settlements. Our main objective is to build trust on your behalf.

Prepare acquisition packages in accordance with the City’s R/W Manual to include an offer letter, summary statement, Purchase and Sales Agreement, property legal description and plat, and Title VI brochure.

Prior to initiation of negotiations, establish just compensation with the City. OPC crafts individual offer and agreement packages signed by the City (First Written Offers). Presented in person, when possible, no later than 15 days after approved appraisal.

Acquisition Agent will respond to questions and maintain phone, email, and/or personal contact with owners to facilitate settlement. Personal contact increases likelihood of amicable settlements.

Once conditional settlement reached (reviewed and approved by City), Agent provides written report for consideration. If administrative settlement is reasonable and in public’s best interest, Agent prepares settlement memorandum, providing justification for higher settlement amount for consideration.

If settlement is reached, pursuant to City’s approved appraisal or administrative settlement, Agent prepares Memorandum of Settlement (MOS). Following QA/QC, the MOS is transmitted to the City within one week of receiving owner’s signature on required documents.

OPC’s R/W services commence with project kick-off meetings in collaboration with the City and its stakeholders to determine the project requirements, objectives, time-lines, and deliverables. The following provides details of OPC’s unique approach to acquisition and negotiation services.

Work Plan
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RFQ #4377 - CITY OF FULLERTON
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STEP
01 STEP
02 STEP
03 STEP
04 STEP
05 STEP
06 STEP
07 STEP
08 Occupants begin receiving advisory assistance
referrals from relocation specialist

RELOCATION

ADVISORY

ASSISTANCE BEGINS
Relocation and reimbursement process (actual and
eligible expenses) explained to occupant
Necessary steps begin to document and verify
the eligibility and entitlement
Team begins extensive searches for
replacement housing or business location
that meets occupant’s needs
Replacement locations that fits size,
convenience, financial means, is
identified and secured.

Team obtains moving bids
from fully vetted contractors
Vacancy walk-through
confirms clean with no
items left behind
Final Inspection
conducted of
vacant unit
Steps to Success
in the Relocation
Process

RELOCATION SERVICES
We are keenly sensitive to the human and political aspects of the work we undertake. We believe strongly in thorough planning, respectful treatment of the families we assist, and most importantly – the communication required to build trust.

OPC protects the community and the client with our extensive knowledge and understanding of the various relocation requirements per Laws, Government Codes, Federal, and State Regulations (State Guidelines).

The people we relocate during our assignments have names.

They are not just ‘designated headcounts’.

Work Plan
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Our qualified team of utility coordinators will act as the primary point of contact with conflicting utility owners to:
• Verify with utility owners that all utilities plotted on utility plans are accurate. • Coordinate, plan and meet with Design Team and Utility Owners to determine what facilities require potholing.
• Coordinate all phases of the positive location of utilities. • Review and verify with the Design Team the conflicts based on the results of the potholing. • Issue Relocation Claim Letters.
• Work with the design team to develop and update a utility conflict matrix. • Determine liability for the utility conflicts that are impacted by the Project. • Coordinate and plan with the utility owner and their designers as needed to discuss project design, conflicts, relocation alternatives, and resolution to conflicts. • Prepare Utility Agreement for utility owner who has prior rights and conflict with the Project.

If Settlement by Eminent Domain: OPC will assist eminent domain counsel with the following:

1. Prepare a letter for the client signature, to eminent domain counsel requesting proceeding to condemnation.

2. 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.

3. Provide eminent domain counsel with a duplicate copy of the parcel file, together with a copy of the appraisal, offer to purchase, correspondence, acquisition contract, and deed as presented.

4. Convert preliminary title reports to litigation guarantees for eminent domain counsels’ use. Title company fees (based on the value of the interest required) are additional.

UTILITY COORDINATION

EMINENT DOMAIN COORDINATION
Work Plan
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PROPERTY MANAGEMENT SERVICES
For 42 years, OPC has provided property management services to public agencies, transportation authorities, and private developers. We have managed all types of properties including land/ surplus, market rate and affordable housing, mobile home parks, retail centers, office and industrial parks, vacant lots, storage facilities, and more.

Rent collections and reporting functions are handled by dedicated property managers and/or financial specialists who establish client trust accounts, collect and deposit rents, prepare operations checks for second-party signature, prepare rent rolls and tenant ledgers, and reconcile account statements.

Our property managers send late notices and interact with tenants on anything relating to rents or deposits owed or paid. Our assistant property managers handle inspections and orchestrate repairs and maintenance with a team of previously vetted vendors.

Post Possession Interim
Management
Post Possession Site Control
• Prepare and deliver rental agreements
tailored to project objectives (if desired).
• Collect and deliver monthly rent payments
to the City.
• Prepare and deliver required notices.
• Administer emergency and unsafe condition
repairs.
• Contract for on-going building and ground
maintenance.
• Coordinate payment of vendor fees and
utility bills.
• Collect keys and verify abandonment.
• Provide monthly reporting to the City.
• Contract board-up, fencing, security services
• Utility disconnection and meter removal
• Asbestos and demolition cost estimates
• Coordination of asbestos abatement and
demolition contractors.
• Collection of keys and abandonment
verification
• Monthly reporting to the City
Work Plan
OPC’s Property
Management Services:
• Property Management
• Administrative and Contract
Management
• Property Management Plan (PMP)
• Evictions and Legal Actions
• Tenant Services
• Property Inspection Services
• Coordination and Performance
of Other Property Management
Services
• Coordination and Management of
Vendor Services
• Environmental Compliance
Coordination
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aDDitiOnaL RiGHt OF WaY SERViCES
Obtaining Permits to Enter and Construct/Right of Entry Our acquisition agents have solicited permits to enter and construct on projects where construction plans indicated work to be performed which would be beneficial to the property owner. In these instances, no permanent rights were acquired and condemnation was not a factor. The most common permit to enter requests by our clients are for conforming slight grade changes in driveways and the removal of backyard fencing and tying in side yard fencing for various project installations.

Road and Rail Relocation Agreements
As the project progresses and property requirements are further defined, driveways, private (and sometimes public) roads may require relocation to remain functional and reduce potential damages.

We coordinate with the property owners and design engineers to plan the relocation of driveways and roadways. Railroads present complications and demand specialized teams to work cooperatively with them to discuss track alterations, grade separations, or shooflies.

OPC has experience working on project teams where major railroads have been impacted. A successful result is the negotiation of a fully executed construction and maintenance agreement.

Encroachment permits are granted by public agencies providing a semi-permanent right to a private party, utility or another public agency. Our team members have experience in obtaining encroachment permits on behalf of private entities, property owners, utility companies, utility/water districts, and local public agencies.

OPC has experienced team members with solid knowledge of issuing and processing encroachment permits. OPC has been involved with creating policies to aid our clients with processing requests from private parties, other public agencies, and utilities.

Obtaining and Coordinating Encroachment Permits
Work Plan
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For the City’s projects, OPC will utilize our organized database, to maintain accuracy on all of your projects.

Our state-of-the-art automated tracking and reporting
tool ProjectOne® is a major benefit provided to the
City.DATA m AnAgemen T
communic ATion
exTrAneT Technology
STAnDArD proce SSeS
clou D bASeD
quAliTy con Trol
ProjectOne® Project
sites are SharePoint-
based data repositories
of key information and
documents related to the
project, including high-
level schedule and risk
management elements.

ProjectOne® offers a state-
of-the-art communication
platform for the project
team. It provides an
innovative portal to access
all of the intricate pieces
of the project in one
centralized location, making
communication across the
team effortless.

Extranet technology allows
our clients a secure and
controlled access to OPC
resources. Authorized users
have 24/7/365 access to
select ProjectOne® sites.

ProjectOne® can be
customized to specific
project requirements at
the time of set-up and
modified along the way to
handle all project related
requirements.

OPC utilizes a world-
class, cloud-based system
to simplify access to our
project information and offer

99.9% uptime. Additionally,
our teams have access to
ProjectOne® from practically
anywhere.

The goal of the ProjectOne®
Project Site is to provide an
organized and transparent
place for managing the
project assuring consistent
application of policies and
the highest level of quality
control.
qc
Managing Resources, Budget, Schedules
(2) MANAGING RESOURCES, QUALITY, BUDGET, AND SCHEDULES
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QUaLitY COntROL + innOVatiOnS = SUCCESS S tRatEGiES
A B C
Tools
Used
Verification
Performed
Inputs
Identified
• Staff Schedules
• Project Scopes
• Resource
Requirements and
Availability
• Anticipated Risks
• SharePoint Software
• Critical Path Analysis
• Schedule
Compression
Opportunities
• Brainstorm “What-if”
Scenarios
• Resource leveling
and Critical Chain
Planning
• Impact of Risks
aLLOCatinG StaFF RESOURCES FOR SCHEDULE COntROL
We adjust our staff availability to match the City’s needs, and scale staffing resources up/down depending upon the size of the project and urgency of the task at hand. OPC’s procedures are driven by our ultimate goal of matching team resources to the project tasks/subtasks:

From our prior experience managing project large and small, we have determined the best staff allocation is based on the deliverables to be provided and the urgency of the needs. Staff scheduling that is detailed enough to be relevant and communicated regularly to all team members, as well as the City.

Management of project and financial records is an essential part of an auditable R/W program. At the core of such a system is accuracy and consistency. The QA/QC program begins with the preparation of a detailed Quality Control Plan, communicating OPC’s approach and project objectives to the City. We thoroughly communicate the approved plan to the project team so that they may implement it into every action, calculation, payment, approval, and record. It is used throughout the project to ensure program compliance. Any exceptions are promptly corrected as events occur.

To maintain accuracy, all records will undergo periodic quality/accuracy checks. All computations of entitlements and distributions of financial assistance are clearly documented for compliance with federal, state, and local regulations and statutes, along with City policies.

Actions which require innovative solutions are thoroughly documented and referenced to applicable regulations for compliance support. Our project files are spot-checked by the Program Manager and/ or the Project Manager biweekly to ensure records are being accurately maintained. Upon completion of each file, the entire file undergoes a final analysis to ensure that it contains all information, all claims are properly documented, and we have made all records of payments. All files belong to the City, and electronic files are available for inspection at any time. Along with Vicky Cook, we have subject matter experts that will provide final QA/QC.

Managing Resources, Budget, Schedules
ManaGinG SUBCO nSULtantS
OPC’S appraisal subconsultant will be managed by the Senior Project Manager, Roy Guinaldo, in coordination with OPC’s Appraisal Manager, Andy Nierenberg.

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Cost Management
Without a detailed budget, you can’t effectively map out the resources needed for your project. To do this takes accurate estimates of all costs to ensure the project stays on-time and within budget. The key to success is our abilities of tracking/ managing all budgetary-related aspects of the project associated with OPC’s Scope of Work.

R AT E P R O P O S A L
Rate Proposal
Hourly Rates/Billing T erms
Management & Implementation
Senior Director $250.00
Program Manager / Director $200.00
Senior Project Manager $165.00
Project Manager / Project Controls Manager $150.00
Senior Agent / Senior Analyst $135.00
Agent / Analyst $120.00
Relocation Specialist $105.00
Utility Coordination
Senior Utility Manager $200.00
Utility Manager $165.00
Senior Utility Coordinator $150.00
Utility Coordinator $135.00
Right of Way Engineering
Engineering Manager (PE) $225.00
Survey Manager (PLS) $200.00
Senior ROW Engineering / Survey Analyst $150.00
GIS / CADD Analyst $120.00
Appraisal/Valuation Services
Senior Valuation Manager $275.00
Valuation Manager $250.00
Senior Valuation Analyst $225.00
Valuation Analyst $150.00
Assistant Valuation Analyst $120.00
Property Management/Property Services
Property Management Supervisor $165.00
Property Manager $135.00
Property Services Supervisor $135.00
Community Liaison/Analyst $120.00
2022 Hourly Rates
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The following include OPC’s hourly rates to perform the services as outlined in the Scope of Work for the first 12 months of the contract. Billing terms follow that describe how customary reimbursable expenses will be charged. Attendance at meetings with the City would be charged at the hourly rate as noted.

T erms and Conditions
Unless superseded by Client-generated Billing Terms in an Agreement executed by OPC, the following terms shall apply to this Scope of Services.

OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile, and mobile communication charges a normal part of doing business and such costs are included in the stated hourly rates. Out-of- pocket expenses including pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling.

Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).

In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two (2) times the regular hourly rates.

In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.

Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.

OPC will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The Client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice.

Terms and Conditions
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Required Forms

R E Q U I R E D F O R M S
I would tell my colleagues not to
waste time with other firms and to
use OPC from the start.
alejandro Martinez
Chief Real Estate and Economic
Development Officer, Coalition
for Responsible Community
Development
25 SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM
Firm
provided in this RFQ and submit as part of the proposal. Firm shall list the status of past and present contracts where either the firm has provided services as a pri me contractor or a sub - consultant during the past five (5) years and the contract has ended or will end in termination, settlement or litigation. A separate form shall be completed for each contract. If the contract was terminated, list the reason for term ination. Firm must also identify and state the status of any litigation, claims or settlement agreements related to any of the identified contracts. If no contract ended in termination, settlement or litigation, a statement to that effect shall be made on this form. Each form must be signed by the
confirming that the information provided is
true and accurate. Firm is required to submit a copy of the completed form(s) as part o f the electronic proposal on the one (1) USB Drive requested. the information provided is true and accurate.

Signature_________________________ Date___________________________ Name: ___________________________
Title:_____________________________
 


     
   



 
  
   
     
   
       
     
26 SECTION VIII

Names of all other partners and their business addresses must be shown below. If proposer is a corporation, signature must be by an authorized officer, so stated after "Title", and the names of the President and Secretary and their business addresses must be shown below:
___________________________________ ______________________________________ ___________________________________ ______________________________________ ___________________________________ ______________________________________ ___________________________________ ______________________________________ 
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Enhancing Lives Through Infrastructure
opcservices.com
T eam
Resumes
Team Resumes
The OPC staff that I have dealt with
have been consummate professionals
and very knowledgeable.

Principal,
nCM Engineering
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Victoria
Cook

DIRECTOR OF PROGRAM S

Ms. Vicky Cook oversees development
of program managers and project managers
within OPC. Vicky has acted as Program Manager for
several large scale transportation projects providing project management oversight for the implementation of
acquisition, relocation services, property management and demolition, as well as oversight and management of cost controls, policy development, schedules, and risk
assessment. She has also managed affordable housing
projects, redevelopment projects, and grade separation
projects. Prior to joining OPC in 2005, she had six years of Section 8 and HUD experience, and served as a non -profit Executive Director for many years. As a Director of
Programs, she is responsible for the management of her
acquisition and relocation staff and the bud get and critical paths for each of her team’s projects.

PROJECT EXPERIENCE

Education

License
Affiliations/Certifications
Years of Experience

OVERVIEW
BS, Hotel & Restaurant Management, California State
Polytechnic University, Pomona
Real Estate License, California, No. 01758695
Initial Year in Industry: 2000
Initial Year with OPC: 2005
City of Bakersfield/TRIP
Centennial Corridor Improvement Project . Provided Project Management, acquisition services for 422 parcels, relocation services for approximately 310 residential occupants and 526 businesses, and property management for the project. This project will facilitate the ex tension of SR -58 to the west of SR -99 providing a continuous freeway connection to the Westside Parkway (future SR -58). Rosedale Highway Widening Project . Provid ed Project Management and acquisition services for the partial acquisition of 137 parcels for t he construction of two additional lanes (one in each direction) between Allen Road and Gibson Street on Rosedale Highway (SR-58). SR 178 Widening Project . Provided Project Management and acquisition services for the partial acquisition of 70 parcels to widen SR-178 from two to six lanes from 0.68 miles east of Morning Drive to Masterson Street, and from two to four lanes from Masterson Street to Miramonte Drive. 24th Street Improvement Project. Providing Project Management, acquisition, and relocation services for full acquisition of 22 parcels and 43 partial acquisitions.

City of Visalia
Various Trail and Road Improvement Projects , including the Packwood Creek Trail Project . Providing Project management and acquisition services for partial acquisitions of four parcels for the construction of approximately

1.26 miles of multi-purpose bicycle trail.

Riverside County Transportation Commission (RCTC)
Mid-County Parkway Project. Overseeing the Right of Way Program Management including oversight on cost estimating, title, acquisitions, tenant acquisitions, residential and business relocations, esc row coordination, property management, right of way certification, and coordination of appraisal and environmental due diligence services for the first two phases of the project. The project has impacted 57 parcels with three tenant acquisitions, five residential relocations, and four business relocations in the first phase of the project. SR-91 CIP, Design-Build Project. Acted as Assistant Program Manager, providing project management oversight for the implementation of acquisition and relocation for this design-build project that will widen approximately 16 miles of active highway .

Worked closely with staff to analyze the residential and commercial relocation impacts on over 250 properti es throughout the project area, including developing and preparing the recommendation summaries of the impacts for presentation to the agencies involved.

Member, Women in Transportation Seminar (WTS)
Member, IRWA
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Roy Guinaldo RWA, RWP SENIOR PROJECT MANAGER

As a Senior Project Manager, Mr.

Guinaldo is a team leader with over 30
years of real estate experience . He is knowledgeable of municipal and governmental procedures and regulations
relating to property acquisition (full - and part -takes) and excess land di spositions. He is responsible for both
residential and commercial acquisitions in public and private sector client acquisition projects and is knowledgeable of the relocation procedures for both residential owners and tenants. Mr. Guinaldo provides training to OPC staff and is bilingual in English/Spanish.

PROJECT EXPERIENCE

OVERVIEW
Education

License

Affiliations/Certifications
Years of Experience

Coursework, Cerritos Community College
Associated coursework for Real Estate license
Initial Year in Industry: 1988
Initial Year with OPC: 2002
Real Estate Broker, California, No. 00986344
City of Walnut / RKA Civil Engineering
Valley Boulevard and Lemon Avenue Improvement , Walnut, CA . Senior Project Manager responsible for this intersection improvement project. Managed appraisal, negotiation and escrow coordination for acquisition of roadway and temporary construction easement settlements with five (5) commercial property owners.

City of Palmdale
Avenue S-8 and 40 th Street E ast Roundabout Project , Palmdale, CA . Project Manager overseeing appraisal, appraisal review, full take acquisition, and Right of Way certifications of 11 parcels. This Federally funded project will convert an existing two-way stop to a roundabout at the intersection of Avenue S-8 and 40th St. East.

City of Lancaster / Kimley Horn
Pedestrian Gap Closures, Lancaster, CA. As a Project Manager, responsibilities include overseeing coordination of title documents, legals/plats/maps, cost estimating, Minimum Value Estimates (MVE), the negotiation process for dedication of land, eminent domain support, and escrow for 26 parcels to construct city improvements such as street widening, ADA complaint curb ramps, and the instillation of curb, gutter , and sidewalks to promote active transportation within the City of Lancaster. Federally funded project.

San Bernardino County Transportation Authority (SBCTA)
I-10 Express Lanes Project , Montclair, CA . Project Manager responsible for over 450 partial acquisitions and complex partial acquisitions as part of a high profile, politically sensitive project to add tollway lanes along the 33- mile segment of I-10 from the Los Angeles/San Bernardino County Line and Ford Street in San Bernardino County.

Orange County Transportation Authority (OCTA)
I-405 Widening Project , Orange County, CA . This project is for the creation of new tolled express and general purpose lanes and miscellaneous widening improvements along the I-405 between SR-73 and I-605. As a Project Manager, responsible for the right of way acquisition work for 15 parcels.

City of Anaheim
Brookhurst Street Widening Remnant Parcels. Senior Project Manager over title review, acquisition, escrow services, residential relocation planning, and residential relocation services for three (3) impacted residential properties.

Member, International Right of Way Association
(IRWA), RWA and RWP Certification
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Kelly Dewitt PROJECT MANAGER

As a Right of Way Project Manager ,
Mr. Dewitt provides extensive experience
in right of way acquisition, real estate transactions, and the mortgage industry, including a solid background in the
escrow process. He brings to our OPC team over 35 years of real estate experience, including title research of real property pertaining to Resolution of Liens. Mr. Dewitt is knowledgeable of both federal and state regulations relating to the acquisition process. He is proficient in the preparation of acquisition and relocation documents needed for
resolution and closure of acquisition and relocation cases.

PROJECT EXPERIENCE

Education

License
Years of Experience

OVERVIEW
California Real Estate License Coursework
Real Estate License, California, No. 00928779
Initial Year in Industry: 1986
Initial Year with OPC: 2016
City of Lancaster / Kimley Horn
Pedestrian Gap Closures , Lancaster, CA . In the role of Project Manager , responsible for acquisitions of 26 temporary construction easements of commercial and industrial parcels including coordination of the preparation of offer packages, purchase and sale agreements and administrative settlement documents. Also responsible for conducting parcel site inspections, comparable sales research, and preparation of Minimum Valuation Estimates for commercial and industrial parcels impacted by the project. Attends monthly meetings with the client. Avenue K Interchange , Lancaster, CA . Project Manager for f our (4) partial acquisitions, including c lient coordination/meetings, budget preparation/oversight, staff coordination, and R/W document preparation/review.

Lancaster Health District, Lancaster, CA. Project Manager. 16 partial acquisitions. Client coordination/meetings, budget preparation/oversight, staff coordination/meetings, and R/W document preparation/review.

City of La Cañada Flintridge / Ardurra
I-210 Soundwall Improvement Phase III, La Cañada Flintridge, CA. Senior Agent. Responsible for acquisitions of 17 temporary construction easements (TCEs) of commercial and residential parcels including coordination of the preparation of offer packages, purchase and sale agreements and administrative settlement documents.

Responsible for conducting parcel site inspections, comparable sales research , and preparation of Waiver Valuations for commercial and industrial parcels impacted by the project. Attended monthly client meetings.

City of Rancho Cucamonga
Etiwanda Grade Separation, Rancho Cucamonga, CA. Project Manager for 12 partial acquisitions, including client meetings, budget preparation, and staff oversight, and R/W document preparation/review.

City of Pico Rivera
Hot Spots Project Rosemead Blvd . at Beverly Blvd ., Pico Rivera, CA . Project Manager. Responsible for negotiating partial and complex-partial acquisitions involving TCEs, road easements and permanent subsurface easements. Coordinates the preparation of offer packages, purchase and sale agreements and administrative settlement documents.

City of Anaheim
Brookhurst Street Widening Remnant Parcels , Anaheim, CA. Project Manager. Client coordination/meetings.

Budget oversight/review, Owner coordination/negotiations. Completed the agreements, deeds, and legal & plat documents into one offer package for the buyer.

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Norma
Jacquez

PROJECT MANAGER

Ms. Jacquez is a self -starter who
demonstrates excellent inter -personal
skills in working with residential homeowners and tenants, as well as commercial relocation. As a practitioner and project manager, she has more than seve nteen years of
relocation assistance experience and is bilingual/bicultural (English and Spanish). Her duties include initial interviews and evaluation, processing benefits, moving coordination, replacement site inspections, extensive file documentation, and final relocation assistance.

PROJECT EXPERIENCE

License
s

Years of Experience

OVERVIEW
Initial Year in Industry: 2002
Initial Year with OPC: 2002
City of El Monte
Project Manager responsible for coordination with client and responsible for three temporary residential relocations and one permanent residential relocation. Including coordination of movers, temporary replacement, preparation of notices, explanation of MOU and relocation process to residents.

City of Gardena
Project Manager responsible for coordination with client and staff for permanent relocation of four households receiving Title 25 benefits. Project delivered on time.

City of Signal Hill
Project Manager responsible for the permanent relocation of six commercial tenants under Title 25.

Abode Communities
Sunsage Project. Senior Agent responsible for temporarily relocating 71 households, Direct coordination with client. Responsibilities included preparing notices, explaining MOU, and coordinating with onsite manager and movers. Project delivered within budget and within project deadline. Roland Curtis Gardens Project. Senior Agent responsible for relocating 24 of 48 residential tenant occupants, which included many Section 8 households.

American Gold Star Manor Project . Project Manager responsible for temporarily relocating appro ximately 345 residential tenant occupants which included Project based vouchers. Project delivered a month ahead of schedule.

Front Porch
Pilgrim Tower. Senior Agent responsible for assisting with coordina ting temporary residential relocation of 108 Senior residents. Provided transportation to Hotel as needed on weekends. Prepared notices and conducted residential meetings to explain MOU and temporary relocation process.

C&C Development
Minnie Street Proje ct. Senior Agent responsible for temporarily relocating six residential tenant occupants.

Responsibilities included preparing notices, explaining MOU, and coordinating with onsite manager and movers.

Housing Authority of the City of Los Angeles
Jordan Downs. Assisted with relocation interviews of nearly 700 residents for the relocation plan. Assisted with updates to status reports and management of GIN and certificates.

Real Estate License, California, No. 02078682
Notary Public License, California No. 2148200
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Keith
Williams

SENIOR UTILITY MANAGER

Mr. Keith Williams is a dedicated Senior
Utility Manager and right of way
professional with Design -Build, Design-Bid-Build, railroad, toll road, grade separation, canal, and other infrastructure project experience. He has sig nificant knowledge in
effectively communicating technical information with
experience in improving processes, calculating risk
management, and delivering projects on-time while creating solid, strategic business relationships. With over 16 years of experience working at Caltrans in Right of Way and Utility Coordination, he has developed strong business
relationships with many of the larger utility companies.

PROJECT EXPERIENCE

OVERVIEW
Education

Years of Experience
B.S., Business Administration, California State
University Long Beach
Initial Year in Industry: 1992
Initial Year with OPC: 2018
Los Angeles County Metropolitan (LA Metro)
WB SR-91 Widening Project from Alondra to Shoemaker. Acting as Senior Utility Coordinator, and main point of contact two 20 utility owners for identifying and verifying utility facilities lying within the proposed right of way.

Participate on project development team meetings. Use DigAlert to identify all utility owners and make sure they are plotted on utility plans. Coordinate and assist the design team with the preparation and updating of a utility conflict matrix; Review and verify with Design team what utility facilities are in conflict with construction. Assist with development of pothole; issue pothole notices to utility owners. Determine liability for the utility conflicts (who pays) impacted by the project. Prepare and issue Relocation Claim Letter(s), Notice to Owners, Report of Investigation(s), and Utility Agreement(s) if applicable. Coordinate between the utility owner(s) and the design team to identify any areas that will affect utility owner easement(s), joint use agreement, consent to common use agreement, and if necessary, replacement and/or create new agreements. Obtain proposed cost to perform and complete relocation of utility owner’s facilities, detail scope of work plan for owner facilities relocation, and estimated start and completion date . Ensure project is following Chapter 13 Utility Relocation of the Caltrans Manual. Assist with completion of utility cer tification documents. The project involved 10 separate relocations that include: Fiber Optic, Copper (Cable), Telecommunications, Electric, Natural Gas, Water, and Telephone.

San Bernardino County Transportation Authority
I-10 Cedar Interchange Project. This project which propose d to expand the existing bridge structure crossing both the I -10 freeway and the adjacent railroad facilit y. As a Senior Utility Coordinator, involved in all utility coordination activities as indicated above and a significant amount of potholing (75 holes). This project involved the coordination with not only 6 different utility owners but also San Bernardino County, Caltrans , SBCTA and UPRR. Keith coordinated phased relocations to accommodate construction of the two bridges and successfully worked through a directional drill option to completely remove a fiber optic line from the structure all while coordinating efforts through UPRR and the Stakeholders during a pandemic.

City of Chino
Right of Way Research and Associated Services. As a Senior Utility Coordinator familiar with all aspects of right of way involvement as it relates to utility relocations and liability determination, provided the following services as part of liability determination effort. Research ed and reviewed available City record documents, performed chain of title search at County Office, City, and State of California (i.e., JUA’s, CCUA’s, Utility Agreement and Contracts), research and reviewed Caltrans records documents (i.e., Record Maps and Encroachment Permits), and provided a report summarizing the findings and determination of pertinent documentation.

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Katie Quick SENIOR AGENT

As a Senior Agent, Mrs. Quick is
responsible for right of way acquisition,
surplus land sales and relocation services for public agency projects. She fulfills a variety of functions including management support, property negotiations, and document preparation for property acquisition and relocation, title compilation for property reports, research and analysis for cost estimates, site searching, and escrow functions. She is a California Real Estate licensee, with seven years of sales experience.

Mrs. Quick has a thorough understanding of federal and
state laws which govern the acquisition and relocation
process and work ing with the various regulations which must be followed depending on the funding agency.

PROJECT EXPERIENCE

OVERVIEW
Education

License
Affiliations/Certifications
Years of Experience
IRWA Coursework, ADHI, Real Estate Principals;
Property Management
Real Estate License, California, No. 01999213
California Notary Public
Initial Year in Industry: 2018
Initial Year with OPC: 2018
Member, National Association of Realtors
Member, IRWA
City of Palmdale
North County ITS Palmdale Extension Project.

As acquisition Agent, responsible for reviewing and analyzing Preliminary Title Reports, property profiles, and Legals & Plats for the purposes of inputting data and creating Title Review Summaries and preparing offers for 2 parcels to construct city improvements such as fiber optic interconnect, CCTV surveillance, traffic operations center (TOC) upgrades, and new/upgraded signals within the city. Key benefit to the client included identifying grant of easement on title over the property interest area, saving the Agency acquisition costs.

City of Lancaster / Kimley Horn
Pedestrian Gap Closures Project. Agent responsible for reviewing and analyzing Preliminary Title Reports, property profiles, and Legals & Plats for the purposes of inputting data and creating Title Review Summaries for 26 parcels to construct city improvements such as street widening, ADA complaint curb ramps, and the instillation of curb, gutter, and sidewalks.

Los Angeles World Airports (LAWA)
Land Side Access Modernization. Agent responsible for relocation of residential and busines cases, processing and transmittal of claims, and assist the client in project close-out for business and residential cases. Manchester Square Noise Mitigation Project. Agent for voluntary relocation of residences and businesses as part of the FAA voluntary noise mitigation program.

San Bernardino County Transportation Authority (SBCTA)
I-10 Express Lanes Project. California Department of Transportation (Caltrans), the lead agency, in cooperation with San Bernardino County Transportation Authority (SBCTA), proposes to add tollway lanes along the 33-mile segment of Interstate 10 (I -10) between the Los Angeles/San Bernardino County Line and Ford Street in San Bernardino County to reduce traffic congestion. This high profile, politically sensitive project involves over 450 partial acquisition s and complex partial acquisitions. Agent responsible for part take acquisitions as well as complex acquisitions of residential, commercial, and industrial parcels.

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Andrew
P. Nierenberg

APPRAISAL MANAGER

Mr. Andrew P. Nierenberg is a Program
Manager and Appraisal Manager with OPC. He is a former
public sector executive manager with 38 years of
experience in state government managing the appraisal and acquisition of right of way. Most recently , Mr. Nierenberg served as Deputy District Director of Right of Way for the State of California Department of Transportation, District 7.

His experience in appraisal includes various types of real property, with emphasis on appraisal for partial acquisition of fee and easement rig hts. He also has s pecialized
experience in the appraisal of "airspace" rights for
development o f long-term leasehold s. Mr. Nierenberg ’s extensive background in all facets of right of way makes him an exceptional addition to the team.

PROJECT EXPERIENCE

City of Glendale Department of Water and Power
Glendale Community College Parking Lot Solar Canopy Appraisal, Glendale, CA. Appraisal Manager for valuation for parking canopy space leased to the City from Glendale Community College for generating power through solar photovoltaic panels.

Riverside County Transportation Commission / Western Riverside County Regional Conservation Agency
On-Call Right of Way Services, Riverside County, CA. Appraisal Manager and Appraisal Reviewer for residential, rural, vacant, and commercial parcels for habitat conservation projects as well as roadway and highway projects under an on-call contract with Riverside County Transportation Commission (RCTC).

Stanislaus County Public Works
North County Corridor – Phase I. Consulting with the project team on appraisal and acquisition documents required for project delivery. Performed a high level review of memorandum of adjustment documents for the acquisiton team.

Texas Department of Transportation (TxDOT)
North Houston Highway Improvement Project (NHHIP), 3rd Ward Environmental Justice, Houston, TX. Assisted in the preparation of an affordable housing development program for the impacted residents of the Third Ward.

Assisted in the preparation of construction cost estimates for the construction of homes for that same program.

OVERVIEW
Education

License
Affiliations/Certifications
Years of Experience
MS, Public Admin., Cal State University, Los Angeles
BA, Economics/History, William & Mary College, VA

CA State University, Sac., Leadership Training I and II General Real Estate Appraiser, California, #AG021653
Recipient of the Emerson Rhyner Award for
Outstanding Management, California Transportation
Foundation and Caltrans
Member of Pi Sigma Alpha, National Political Science
Honor Society

Initial Year in Industry: 1983
Initial Year with OPC: 2021

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Inez Garcia PROJECT COORDINATOR

Ms. Garcia supports the Escrow Lead
Coordinator Specialist, and Project Support
Specialist and manages OPC’s ProjectOne project sites.

She assures her staff completes all procedures correctly and a timely manner. Ms. Garcia reviews case files to
evaluate t he appropriate documentation for several
projects. She assists with acquisition documents, escrow documents, preliminary/ litigation guarantee reports, and addresses/resolves any issues. Her professional
knowledge and understanding of Escrow and Right of Way
Acquisition has become an asset in multiple departments.

Ms. Garcia develops new procedures to ensure a
successful escrow process for OPC’s projects. She also
provides project support to Project Managers and
Acquisition/Relocation Agents, delivers documents, checks for relocation projects. Bilingual in English/Spanish, Ms.

Garcia serves as a translator for many of OPC’s consultants and clients.

PROJECT EXPERIENCE

Education

License
Years of Experience

OVERVIEW
Notary Public Coursework
California Notary Public
Initial Year in Industry: 1997
Initial Year with OPC: 1997
City of Long Beach

Various Real Estate Acquisition, Relocation, and Property Management Projects. Project coordinator, file setup and prepared claim transmittals for benefit payments. Provided research data for property land and assisted in property management. Assisted with tempora ry relocation of tenants for a Lead Testing Program. Maintained monthly reports of payment benefits.

City of Pico Rivera & the BNSF Railroad
Passons Grade Separation Project. Project Support, assisted in the relocation plans for 95 units. The City of Pico Rivera partnered with the City of Santa Fe Springs, Burlington Northern Santa Fe Railroad (BNSF), Caltrans Division of Rail and several other transportation agencies to secu re funding for the $43 million grade separation project.

City of Glendora
South Hills Mobile Home & Estates Project. Project Support, compiled data for the relocation plan and performed telephone interviews for a 40-unit mobile home park project.

City of Bakersfield
Thomas Road Improvement Program. Acquisition and Escrow support for 50 percent of files for three projects for the City of Bakersfield.

Escrow Coordination Experience
Various Projects . Escrow coordination, general escrow reports, assist s in property management in preparing documents, document review, generation of agreements, preliminary/litigation guara ntee reports, escrow instructions, title insurance policies, and documentation for escrow officers. Orders preliminary/litigation guarantee reports, deeds vestings, and other escrow documents. Reviews, and assists with record deeds at the Recorder’s Assess
ors Office.

Beth B. Finestone, MAI, AI-GRS, FRICS, CRE
[email protected] – 818.290.5455
Integra Realty Resources
Los Angeles
16030 Ventura Boulevard
Suite 620
Encino, CA 91436-4473
T 818.290.5400
www.irr.com/losangeles
Experience
Ms. Finestone, Managing Director for and a principal of INTEGRA REALTY RESOURCES – LOS ANGELES, has been with the firm since 2004 and has been appraising in Southern California since 1981. She is also the Executive Director of Integra Realty Resources – Orange County. She has specialized in valuation and consulting services related to public agency clients and for major, investment-grade commercial properties, e.g., office, industrial, retail, multifamily, land, and special purpose properties, for over 35 years. Ms. Finestone has also been very active is the appraisal of land, both entitled and unentitled. She has been involved in the appraisal of open space land, land for mitigation purposes and valuing various types of land for conservation easement purposes.

Ms. Finestone was the 2019 president for the Southern California Chapter of the Appraisal Institute (SCCAI), the largest Appraisal Institute chapter in the United States. She also holds the AI-GRS designation of the Appraisal Institute. In addition, she is a fellow of the RICS (past board member) and is also a member of the CRE and of the IRWA. She has been honored locally for her professional accomplishments. In May 2009, she was a Los Angeles Business Journal nominee for Executive of the Year – Women Making a Difference. In October 2006 Ms. Finestone was honored as one of Real Estate Southern California’s 2006 Women of Influence for contributions to commercial real estate and devotion to community enrichment.

Ms. Finestone previously held senior positions with Finestone & Associates and Cushman & Wakefield of California. At Finestone & Associates from 1996 through 2003, she specialized in real estate appraisal, valuation and consulting services with focus on preparation of appraisals for industrial, commercial, and special purpose properties. This focus included consultation services, due diligence work, litigation support, and expert witness designation.

At Cushman & Wakefield of California, Inc. from 1983 through 1996, Ms. Finestone was in the Los Angeles Appraisal Services Group, specializing in real estate valuation and consulting. By the end of her tenure, she was responsible for the management the Los Angeles Valuation Advisory Services Group, including preparation and review of appraisal reports, business development, consulting and litigation work, management and coordination of multi-property assignments and national accounts, professional staff development, and support staff supervision.

Ms. Finestone’s clients include public agencies, right-of-way firms, lenders, institutional investors, major corporations, law firms, and individual property owners. Her services include a wide range of specialized studies including ground lease rent studies, partial interest acquisitions, value diminution (from both internal and external influences), market demand, feasibility, severance damages and project benefits, investment analysis, assessment allocation, reuse analysis, and the valuation of partial interests including leasehold, leased fee, possessory interests, and minority interests.

Ms. Finestone is well known as an appraiser with expertise in the valuation of land, both entitled and unentitled. Ms. Finestone has been involved in numerous appraisals of large tracts of land requiring a detailed highest and best use analysis.

Ms. Finestone has significant experience in coordinating and managing multiproperty assignments.

She has been active in acquisition appraisals for SCE in Los Angeles, Tulare, Fresno, Kern, San Bernardino, and Riverside counties; Riverside County Transportation Commission (RCTC) as part of the expansion of the SR-91 freeway in Corona and the Placentia Avenue Project; the Orange County Transportation Authority (OCTA) as part of the I-405 expansion, the I-5 expansion, and the SR-55 expansion; San Bernardino County Associated Governments (SANBAG); Los Angeles County Department of Public Works; City of Ontario; City of Inglewood; the California Department of General Services; the U.S. General Services Administration; and the California High-Speed Rail Authority (CHSRA).

Agricultural Land
Apartment complexes
Auto service/gas stations
Camps and schools
Cold-storage facilities
Commercial land
Condominiums
Healthcare properties
Hotel/motel properties
Industrial Land
Industrial manufacturing
Mixed retail/residential
Mitigation and open space land
Mobile home parks
Office buildings
Pipeline easements
Produce marts
Rail and transportation corridors
Religious facilities
Residential Land
Restaurants
Shopping centers
Single-family residences
Special purpose properties
Subdivisions
Theaters
Warehouse/distribution
Wind farms
Professional Activities
Member: Appraisal Institute (MAI No. 7973)
Designation: Appraisal Institute – General Review Specialist (AI-GRS) Fellow: Royal Institution of Chartered Surveyors (FRICS No. 1259538) Member: The Counselors of Real Estate (CRE No. 13807)
Member: International Right of Way Association
License: California State Certified General Real Estate Appraiser No. AG004030 Recognition
 Los Angeles Business Journal 2009 Nominee for Executive of the Year – Women Making a Difference, May 2009
 Designated one of Real Estate Southern California’s 2006 Women of Influence, October 2006 Seminar Presentations
 Corridors, Crops & Condemnation (IRWA National Conference in San Diego, June 2015)  Eminent Domain Appraisals: Pitfalls & Value-Added Services (RICS – Southern California Chapter, CPD Presentation, April 16, 2015)
 Government Buildings (Appraisal Institute, Special Purposes Seminar, July 15, 2014)  The Trouble with Ignoring Building Code Violators (SCCAI 43 rd Annual Litigation Seminar, Moderator, November 15, 2013)
 Conflicting Mandates & Instructions Between USPAP, Yellow Book, & Caltrans Appraisal Guidelines (IRWA Annual Valuation Seminar, April 24, 2012)  Current Issues in Real Estate Appraisal (Lorman Education Services, live audio conference, March 8, 2012)
 The Role of the Appraiser in Construction Defect Litigation: Measuring Damages from Construction Defects (MCLE-approved presentation, January 11, 2012, March 4, 2010, and February 10, 2010)
Expert Testimony
Ms. Finestone has qualified as an expert witness in real estate matters and has testified before:
 Superior Courts: Los Angeles and Orange Counties
 Arbitration Hearings: Los Angeles County
 Tax Appeal Boards: Los Angeles and San Diego Counties Beth B. Finestone, MAI, AI-GRS, FRICS, CRE
[email protected] – 818.290.5455
Integra Realty Resources
Los Angeles
16030 Ventura Boulevard
Suite 620
Encino, CA 91436-4473
T 818.290.5400
www.irr.com/losangeles
Education
M.B.A., Pepperdine University
B.S., Kinesiology, University of California, Los Angeles Ms. Finestone is currently certified by the Appraisal Institute’s program of continuing education for its designated members.

Representative Appraisal Assignments
 Appraisal of in excess of 75 private properties as part of the California High Speed Rail Authority.

The property types included agricultural, commercial and residential. Most of the appraisals involved partial acquisitions. In addition, Finestone completed the appraisal of over 50 railroad corridor properties in conjunction with the high speed rail project.  Appraisal of 50± miles of pipeline easement running through UPRR and BNSF rail corridors in Urban Los Angeles.
 Appraisal of the Concerto high-rise residential complex in downtown Los Angeles, adjacent to Staples Center, as part of bankruptcy proceedings. The assignment involved an expanded highest and best-case analysis to analyze the property as condos for sale and as an apartment complex.  Appraisal of 50+ single-family residences impacted by the I-405 Widening Project in Costa Mesa.

The acquisitions all involve temporary construction easements (TCEs). This assignment required an analysis of temporary severance damages due to impacts to rear yards as well as a valuation of all site improvements in the TCE areas. We also appraised 50+ commercial properties impacted by various types of partial acquisitions. Some of the appraisals were extremely complex with significant severance damage studies required.  Appraisal review services on 39 appraisals for the SR-55 Freeway Expansion Project.  Appraisal of Wilshire Federal Building: We appraised a deep tunnel easement on the Wilshire frontage of the Federal Building as part of LACMTA’s Purple Line extension. Consideration was given to the redevelopment potential of the site and the benefits to the remainder, as well as to the value of the parts taken.
 Appraisal involving the valuation of numerous partial acquisitions impacting the Westfield Mall in Century City as part of LACMTA’s Purple Line extension. This assignment was challenging with respect to valuing the underlying land associated with the larger parcel. The property is unique for its location due to its size. Complexities involved determining the number of trips allocated to the site as this in part drives land value. Again, consideration was given to damages and benefits, as well as to the value of the parts taken.
 Appraisal of numerous surface and subsurface acquisitions were required on the Veteran’s Administration building for the construction of a subway station and tunnel easements for LACMTA’s Purple Line. Significant research was required relative to the VA specific plan and the highest and best use of the property. Consideration was given to damages and project benefits as well as the value of the parts acquired.
 Appraisal of nine commercial properties in Beverly Hills that were proposed to be impacted by subway tunnel easements for LACMTA’s Purple Line. These involved office and medical office buildings.
 Appraisal in Fresno County for the State Department of Water Resources, which included 22 permanent flowage easements and three partial fee acquisitions. Some of the proposed flowage easements overlapped existing road and utility easements which had to be considered. Due to the nature of the flowage easements, substantial severance damages accrued to the remainder parcels which had to be considered. This assignment also included the consideration of orchard and crop values.
 As a subcontractor on behalf of the CHSRA since 2015, we have completed appraisals of full acquisitions and partial acquisitions (with severance and mitigation damage studies) for many property types including agricultural, commercial, industrial, residential, railroad corridors, and other special purpose property appraisals. In total, we completed over 100 appraisals (some of which involved multiple parcels).

Beth B. Finestone, MAI, AI-GRS, FRICS, CRE
[email protected] – 818.290.5455
Integra Realty Resources
Los Angeles
16030 Ventura Boulevard
Suite 620
Encino, CA 91436-4473
T 818.290.5400
www.irr.com/losangeles
 Appraisal of 9,800 acres of land in Kern County for use as a wind farm. Jointly retained by the seller (GE Wind Energy) and the buyer (Los Angeles Department of Water and Power) to act as the third appraiser to determine the purchase/sale price of the site.  Appraisal of the Del Mar Fairgrounds, Racetrack, and Horsepark (450 acres of land and over 1,000,000 square feet in improvements) for the California Department of General Services.  Multiple appraisal assignments for Southern California Edison Company included:
 Central Valley Phase I: Appraisal of 34 existing overhead distribution, transmission line and power pole easements which SCE wanted to update and perfect. These involved residential, commercial and agricultural properties. For the agricultural properties, the valuation included and analysis of the loss in value from orchard trees being taken.  Central Valley Phase II: Appraisal of 16 new acquisitions for overhead distribution, transmission line and power pole easements. This involved all agricultural properties and included an analysis of compensation for trees being taken. The project was highly contentious and significant research related to severance damages was completed.  Barstow/Daggett: Appraisal of 44 overhead transmission line and power pole easements which SCE wanted to update and perfect involving residential and unimproved agricultural land.  Victorville: Appraisal of 38 overhead distribution, transmission line and power pole easements which SCE wanted to update and perfect. These included improved residential and commercial properties.
 Tehachapi: Appraisal of 14 overhead distribution, transmission line and power pole easements which SCE wanted to update and perfect. These included residential, commercial and unimproved agricultural properties.
 Corona: Acquisition of 11 subsurface easements for underground transmission and distribution lines. These represent the acquisition of new easements which partially overlap previously existing easements in favor of SCE. All of the properties involved are improved with single-family residences.

Integra Realty Resources
Orange County
2151 Michelson Drive
Suite 205
Irvine, CA 92612
T 949-591-8150
irr.com /orangecounty

J. Richard Donahue, MAI
Experience
Mr. Donahue joins Integra Realty Resources – Orange County as Senior Managing Director. He has been appraising in Southern California since 1977, specializing in valuation and consulting services related to public agency and right -of-way clients and for ma jor, investment grade commercial properties and special purposes properties. Mr. Donahue is experienced in valuing partial and full acquisitions related to eminent domain actions. These services include fee, easement and temporary easement valuations. Mr. Donahue has specialty experience in the appraisal of conservation easements, air right valuations, sub -surface easements, utility easements and transmission line easements. He also has expertise in valuing an extensive variety of investment grade real esta te and special purpose properties for lending, investment consulting and other purposes. Mr. Donahue's services include a wide range of specialized studies including tax appeals, market demand, feasibility, investment analysis, assessment allocation, reuse analysis, and the valuation of partial interests including leasehold, leased fee and minority interests. He also acts as a review appraiser for multiple public agencies. Mr.

Donahue has been a featured speaker at Appraisal Institute functions, a USPAP Ins tructor, and previously served on the organization’s national Board of Directors as Regional Chair, Member of the Executive Committee and Chair of the National Audit Committee. He is a recipient of the Bert L. Thornton Professional Service Award of the Sou thern California Chapter of the Appraisal Institute, awarded in recognition of many years of unselfish dedication to the Appraisal Institute and its Professional Goals and for the exemplary conduct displayed during their professional career.

Professional Activities & Affiliations
Appraisal Institute: Past Member of the National Board of Directors and Executive Committee Appraisal Institute: Past Chair of the Audit Committee
Appraisal Institute: Past President of Southern California Chapter Appraisal Institute: Former Instructor - USPAP and AI Business Ethics courses Appraisal Institute: Southern California Chapter Instructor - The Valuation of Religious Properties Licenses
California, Certified Real Estate Appraiser, AG008427, Expires April 2023 Education
B.A., History, California Polytechnic University, Pomona Qualified Before Courts & Administrative Bodies
U.S. Bankruptcy Court, Southern California District
Orange County Superior Court
San Bernardino County Assessors Appeal Court
Orange County Assessors Appeals Court
Various Arbitration Courts in Los Angeles and Orange counties [email protected] – 949 -591 -8150
Overland, Pacific & Cutler, LLC (OPC)
Contact Information
Overland, Pacific & Cutler, LLC
2280 Market Street
Suite 200
Riverside, CA 92501
Vicky Cook
Director of Programs
Direct : 714.767.9978
Office : 951.683.2353
Email : [email protected]
www.OPCservices.com
42 Years of Experience
Providing Right of Way
Services to Public Agencies

City Council - Successor Agency - Housing AuthorityOctober 4, 2022

City Council - Successor Agency - Housing Authority
October 4, 2022