CITY OF FULLERTON
PROFESSIONAL SERVICES AGREEMENT
WITH
MONUMENT ROW
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 MONUMENT ROW, 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 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 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
(c) Terminate the Agreement as hereinafter set forth.
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 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 services 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 Co nsultant’s sole 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 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 shal l 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 Manager 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 gene rally 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 responsibility to provide to the City any revised or updated W-9 form during the term of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. 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 ter mination 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.
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 Professional On-Call Real Property and Right Of Way Services City of Fullerton
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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 maintain a fidelity bond with a minimum limit of $1,000,000, providing coverage for th e acts of all employees, officers and directors of Consultant.
Professional On-Call Real Property and Right Of Way Services City of Fullerton
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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:
MONUMENT ROW
200 Spectrum Center, Suite 300
Irvine, CA 92618
Attn: Amber Costello
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 effec t 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 jurisdiction located in Orange County, California.
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, transf er, 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.
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. T he 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 assert s 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 con duct 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 Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, a nd 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 Retir ement 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 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 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 Doc uments. 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 expen ses, 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 sub contractors, 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 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 dr awings, 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 Cit y 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 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 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.
Professional On-Call Architectural 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]
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.
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 satisfactory, City in its discretion has the right to:
SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]
(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
(c) Terminate the Agreement as hereinafter set forth.
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.
1.5. 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 pu rsuant 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 services that are subject to this Agreement or may have its ow n employees perform services similar to those services contemplated by this Agreement.
1.7. 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 sole 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 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].
SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]
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.
2.3. Method of Billing. Consultant may submit 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 fourty-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 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
3.1. 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 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.
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 SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]
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.
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 $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.
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.
SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]
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]
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.
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, 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.
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.
SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]
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 C ity 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.
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]
6.5. 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 jurisdiction located in Orange County, California.
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.
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, SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL
[CONSULTANT NAME]
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.
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 othe rwise 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 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]
any contribution to be paid by Cit y 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 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.
6.14. 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 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]
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 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]
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".
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:
___________________________________ ______________________________________ ___________________________________ ______________________________________ ___________________________________ ______________________________________ ___________________________________ ______________________________________
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 Architectural Services
City of Fullerton
EXHIBIT B
CONSULTANT’S PROPOSAL
REQUEST FOR QUALIFICATIONS (RFQ) #4377
ON-CALL REAL PROPERTY AND RIGHT-OF-WAY SERVICES
PREPARED BY:
MONUMENT
200 Spectrum Center, Suite 300
Irvine, CA 92618
Ph: 800.577.0109
www.monumentrow.com
PREPARED FOR:
City of Fullerton - Purchasing
303 W. Commonwealth Avenue
Fullerton, CA 92832
SUBMITTED ON AUGUST 31, 2022
TABLE OF CONTENTS
SECTION ONE
LETTER OF TRANSMITTAL
SECTION TWO
QUALIFICATIONS, RELATED EXPERIENCE,
AND REFERENCES
04 SECTION THREE
PROPOSED STAFFING AND ORGANIZATION13
SECTION FOUR
DETAILED WORK PLAN
SECTION FIVE
FEE PROPOSAL
SECTION SIX
STATUS OF PAST AND PRESENT
CONTRACTS FORMS
APPENDICES
22 01
31 33
35 Section One
Letter of Transmittal
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 1 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 & Right-of-Way Services
Dear Ms. Chung and RFQ Review Panel,
Monument is proposing on the City of Fullerton On-Call Real Property and Right-of-Way Services. Monument has researched the City’s Capital Improvement Program and understands the potential project needs. We are confident Monument is the right choice for the City as demonstrated below and outlined in our Proposal.
Why Monument is the Clear Choice for the City. The following differentiators demonstrate just a few of the many reasons why Monument is the clear choice for the City’s right-of-way needs. These are expanded upon in our Proposal. • Our Project Manager. We are presenting one of our best, Daniela Borbe, as the Project Manager for the City of Fullerton. Over the past 15 years Daniela has provided hands-on real estate and right-of-way services to municipalities throughout Orange County. Daniela possess the knowledge, experience and local tribal knowledge necessary to successfully execute the City’s projects. • Our Team. The Monument Team is a force to be reckoned with and unmatched in experience. Our Team is a diverse group speaking multiple languages to better serve the local community. In addition, Daniela has prior experience working with the City and surrounding local municipalities. Our Team understands the needs of the City’s and are accustomed to working under on-call agreements. We will hit the ground running without a learning curve. This saves time and money. • We are Local. Monument has offices in Irvine with the majority of our staff within 10-15 minutes from the City of Fullerton. We are present and available to make in-person visits, meetings, and community meetings.
Technical Approach and Timeline. The members of the Monument Team are known in the industry for successfully completing projects on an accelerated schedule. We offer value through early project planning, a clear scope of work, defined project tasks and deliverables, quality control, exceptional project performance and knowing the real estate and right-of-way process and timetables. In addition, we know the importance of collaborating with stakeholders to ensure the successful and timely completion of each project.
Our Subconsultants. Monument has teamed with seasoned and reliable appraisers, a review appraiser, and a title and escrow company. We have worked with these subconsultants for many years and are confident in their ability to deliver.
For fee appraisal, we have designated Rick Donahue from Integra Realty Resources located at 2151 Michelson Dr #205, Irvine, CA 92612 and 949.591.8150 and Christie Santolucito from Santolucito Doré Group located at 2151 Michelson Dr City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 2 #205, Irvine, CA 92612 and 951.225.3500 ext. 101. Monument’s very own Lee Smith, will provide review appraisal services out of our Irvine office and Chris Mazier and Grace Kim from Commonwealth for Title and Escrow Services can be reached at 949.724.3170 at 4100 Newport Place, Suite 120, Newport Beach, CA 92660.
Responsiveness. Our proposal is in strict compliance with the Request for Qualification requirements, and we acknowledge the RFQ and Addendum No. 1. Our proposal shall remain valid for no less than 120 days.
Corporate Information. Our legal corporate name is Monument ROW and we will be contractually responsible to the City.
The proposed services will be performed out of our Irvine office located at 200 Spectrum Center Drive, Irvine, CA 92618.
Our general phone number is 800.577.0109.
Point of Contact and Authority to Bind. Joey Mendoza, Project Manager, Principal, and COO is authorized to bind Monument and can be reached directly at 949.378.0687 or electronically at [email protected].
Price. Monument understands and is sensitive to the budget constraints that government entities often face; therefore, we are happy to provide competitive rates that fall within the City’s budget.
We are confident that the attached proposal clearly identifies the ways in which Monument can fulfill the needs of the City of Fullerton in a cost-effective and timely manner. Please do not hesitate to reach out with additional questions. Amber Costello may be reached by phone at 562.260.0507 or electronically at [email protected]. We look forward to serving the City of Fullerton.
I, Amber Costello, President of Monument, hereby certify that all information submitted with our proposal is true and correct.
Sincerely,
Amber Costello
President
Monument
Section Two
Qualifications, Related Experience, and References
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 4 UNDERSTANDING OF NEED
The City of Fullerton is seeking a professional consultant to provide a full array of real estate and right-of-way services to assist in delivering the City’s Capital Improvement Program. Monument reviewed the City’s 5-Year Capital Improvement Program and researched each of the infrastructure projects listed in the program to determine any potential right-of-way related requirements. We also reviewed the City’s Budget Study for fiscal year 2022/2023 that was presented to City Council on April 26, 2022. The City anticipates completing several capital projects including, street rehabilitation, utility (sewer, water and storm drain), traffic systems, and other improvements. We believe the following major infrastructure projects may require the services of a right-of-way consulting firm to help address potential permanent and temporary acquisition requirements.
Orangethorpe Avenue - State College Blvd to Placencia Avenue The Orangethorpe Avenue Improvement Project will involve the replacement of the aged sewer line and rehabilitation of the roadway pavement between State College Boulevard and Placentia Avenue. The project will also include repairs to the damaged curb, gutter, sidewalk and driveways, in addition to construction of new accessible curb ramps. This segment of Orangethorpe Avenue is zoned for commercial and industrial uses and consists of 13 separate Assessor’s Parcel Numbers (APN) with direct access from the roadway. Based on current Assessor’s Maps, the project may require a permanent acquisition from APN 338-172-30 to accommodate the construction of the project, and could require temporary access from the other 12 properties to provide the construction contract for workspace to complete the sidewalk and driveway improvements.
Associated Road - Rolling Hills Dr to Imperial Hwy
The Associated Road Improvement Project will involve the replacement of the water main, repair of sewer main segments and rehabilitation of the roadway pavement between Rolling Hills Drive and Imperial Highway. The project also proposes to reconstruct curbs, gutters, sidewalks and connecting driveways. While it does not appear additional permanent right-of- way will be required, the project may involve the acquisition of temporary rights to provide the construction contractor with enough workspace for form work and to conform driveways. Further, the project may involve coordination with Caltrans as it relates to the portion of Associated Road intersecting with State Route 57.
Other City Projects
Sewer Main Improvements - Barris Fern Residential Area
Euclid Street Traffic Signal synchronization
Yorba Linda Blvd Traffic Signal synchronization
We understand the City is looking for a trusted Consultant that provides quality service, but also goes above and beyond in achieving the City’s objectives, and that’s what Monument does.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 5 FIRM BACKGROUND
Monument, a DBE, SBE and WBE certified firm, is a full- service real estate and right-of-way company providing
exceptional service, strategic planning, innovation and timely delivery. We serve local, state and federal agencies, transportation authorities and engineering partners with public infrastructure projects throughout California. At Monument, we understand the difference an experienced,
solutions-minded right-of-way partner can bring in achieving the goals and objectives of a project and that’s exactly what we are. We have successfully delivered hundreds
of projects that include all of the services in the RFQ as a Team, with our success attributed to our Company motto. . . we listen, we innovate, we deliver.
Monument is more than your typical right-of-way company.
Our Team is comprised of the best in the industry, most with over 25 years in the business, and leaders of some of the largest and most complex projects delivered in the State of California. The Monument Team is currently providing real estate and right-of-way Services to several cities and agencies in Orange County, including Yorba Linda, Irvine, Mission Viejo, Laguna Beach, Santa Ana, and Orange
County Transportation Authority. We are highly experienced in working with municipalities under on-call agreements and understand the need for streamlined, simple and cost effective performance. We have long standing relationships with our municipal clients because we are responsive,
flexible, and believe that no task is too small for us to handle.
Monument’s interdisciplinary team is composed of highly experienced project managers, seasoned acquisition
agents, relocation experts and project support specialists, working together with the client to provide solutions at every phase of the project. The Monument Team is known
in the industry for successfully completing projects on an accelerated schedule. We accomplish this with early project planning, a clear scope of work, defined project tasks and deliverables, quality control, exceptional performance, and communication with the client and project partners. We
know the importance of collaborating with stakeholders
to ensure the successful and timely completion of each
project. Monument is a project partner, equally invested in the goals and objectives of the project and fully integrated with the project team.
Project Location. We will provide services out of our Irvine office. We have over 10 team members residing in Orange County and available to serve the City. Residing within a 10-15 minute drive to Fullerton allows us to be present as needed and relate to the local community.
DBE, SBE, and WBE Participation. Monument is certified
as a Disadvantaged Business Enterprise (DBE) registered as CUCP #46456, a Small Business Enterprise (SBE)
registered as Metro #8144, and a Woman-Owned Business
Enterprise (WBE) registered as CPUC #21001055 in the
State of California. These certifications may assist the City with it’s funding goals.
Our Services. Monument is a robust team of experts in all right-of-way disciplines. We are more than just acquisition and appraisal. Monument offers the following full range of services, should the City have any additional right-of-way needs:
• Project & Program Management
• Planning & Programming
• Property Acquisition
• Residential & Business Relocation
• Property & Asset Management
• Appraisal & Appraisal Review
• Title & Escrow
• Condemnation Support
• Feasibility Studies & Cost Estimating
• Site Location & Corridor Analysis
• Utility Coordination
• Prior Rights Research & Investigation
• In Lieu Staffing Support
“Monument demonstrates a very high level of
experience, innovation and agility in the project
delivery process. The Monument Team works hand-in-
hand with the Agency to accomplish both Agency and
project goals. The leadership has been instrumental
in solving many project challenges and achieving
successful project delivery.”
- Joe Gallardo, Real Property Manager, OCTA
FORM OF ORGANIZATION:
Corporation, DBE, SBE, and WBE
FIRM SIZE: 25+ employees
OFFICES: Irvine, Los Angeles,
Concord and Sacramento
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 6 MONUMENT HIGHLIGHTS
Monument’s core services include project management, acquisition, relocation, utility coordination, property management, and the coordination of appraisal, appraisal review, title and escrow, environmental, survey, and condemnation support.
We understand the scope of services the City is seeking and it’s what we do every single day. Below are some Monument highlights which demonstrate why Monument is the right choice for the City. 9Our niche is helping cities and municipalities deliver their Capital Improvement Program. We understand the nuances of managing risk, the importance of a streamlined delivery process, collaborative communication, and how to get the best out of the entire project team. 9Our designated Project Manager, Daniela Borbe, has successfully delivered hundreds of projects in her 20 plus years of experience. Daniela is innovative and collaborative with project delivery teams and is particularly good at managing teams of subconsultants and resources to ensure project delivery success.
Daniela is well known and respected in Orange County and has been working for long standing clients such as the cities of Yorba Linda, Fullerton, Mission Viejo, Irvine, Laguna Niguel, and South Coast Water District. She works well with cities and counties because she understands the flexibility, collaboration and quick response needed. Daniela has previous experience working with the City of Fullerton on the Imperial Highway Project, and looks forward to the opportunity to work together again. 9We have over 10 Orange County based staff, most of whom are multilingual to serve the local community. 9Monument represents over 25 local right-of-way managers, experts and technical advisors, licensed agents, brokers, and relocation agents; all with an exceptional record of delivering infrastructure projects.
Our Team is qualified and experienced in providing the services required to deliver the City’s projects. 9We thrive in accelerated schedule situations and regularly deliver ahead of schedule. 9Monument is a DBE, SBE and WBE certified business which will assist the City with any federal funding goals. Support local, small, minority, and disadvantaged businesses! Monument is more than your typical right-of-way company. We are loyal and committed to our clients and project success.
We are collaborative, team players, and a trusted advisor.
PROJECT EXPERIENCE
Monument’s team has been part of the Southern California business landscape for more than 25 years delivering right-of- way services on hundreds of projects. Our portfolio of projects include a variety of capital improvement projects for cities, counties, transportation agencies and municipalities, with an emphasis on projects involving state and federal funding that require compliance with the Caltrans Right-of-Way Manual and FHWA procedures. Specifically, Monument has extensive experience serving local cities and counties such as Yorba Linda, Laguna Niguel, Laguna Beach, Mission Viejo, Irvine, just to name a few. While we have significant experience delivering large programs, we know cities require the ability to shift quickly, be flexible, innovative and highly collaborative.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 7 Monument’s staff have successfully completed countless projects that involved implementation of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (the Uniform Relocation Act) and under local, state and federal guidelines. The following table identifies recent Southern California projects that involved the delivery of right-of-way services for local Agencies.
AGENCY | PROJECT NAME | LOCATION
MONUMENT
STAFF
CALTRANS
FHWA
PROJECT
MANAGEMENT
ACQUISITION
RELOCATION
PROPERTY
MANAGEMENT
UTILITY
COORDINATION
TITLE &
ESCROW
RIGHT-OF-WAY
CERTIFICATION
Bastanchury Widening Project
City of Yorba Linda | Santa Ana, CA
Rick Yee | 714.961.7171 | [email protected]
Daniela Borbe
July Yokogawa
South Laguna Tunnel Stabilization and Sewer Pipeline Replacement South Coast Water District | Laguna Beach, CA
Joseph McDivitt | 949.499.4555 ext 3122 | [email protected] Daniela Borbe
Joey Mendoza,
July Yokogawa
La Paz Bridge / Roadway Widening
City of Mission Viejo | Mission Viejo, CA
Mark Chagnon | 949.470.3091 | [email protected] Daniela Borbe
Joey Mendoza
Crown Valley Parkway Widening Project
City of Laguna Niguel | Laguna Niguel, CA
Carrie Davis | 949.400.9361 | [email protected]
Daniela Borbe
Joey Mendoza
Anaheim Canyon Metro Link Pedestrian Improvement Project City of Anaheim | Anaheim, CA
Cesar Morales | 714.765.5176 ext 4433 | [email protected] Daniela Borbe
Joey Mendoza
Jamboree Road Bridge Widening at State Route 73
City of Newport Beach | Newport Beach, CA
Andy Tran | 949.644.3315 | [email protected]
Daniela Borbe
Joey Mendoza
State Route 55 Project
Orange County Transportation Authority | Orange, CA
Rose Casey | 714.560.5729 | [email protected]
Daniela Borbe
Joey Mendoza,
July Yokogawa
Interstate 405 Improvement Project
Orange County Transportation Authority | Orange, CA
Rose Casey | 714.560.5729 | [email protected]
Daniela Borbe
Joey Mendoza,
July Yokogawa
Warner Avenue Widening Project, Phase 1 and 2
City of Santa Ana | Santa Ana, CA
Kenny Nguyen | 714.647.5632 | [email protected]
Daniela Borbe
Joey Mendoza,
July Yokogawa
Bristol Street Widening Project, Phases 3A, 3B, and 4
City of Santa Ana | Santa Ana, CA
Kenny Nguyen | 714.647.5632 | [email protected]
Daniela Borbe
Joey Mendoza,
July Yokogawa
Grand Avenue Widening Project
City of Santa Ana | Santa Ana, CA
Kenny Nguyen | 714.647.5632 | [email protected]
Daniela Borbe
Joey Mendoza
La Cadena Over Santa Ana River Bridge Improvement Project City of Colton | Colton, CA
Victor Ortiz | [email protected]
Daniela Borbe
Joey Mendoza,
July Yokogawa
West Valley Connector Project
San Bernardino County Transportation Authority | San Bernardino, CA Victor Lopez | 909.884.8276 | [email protected]
Joey Mendoza
July Yokogawa
Ontario Tunnel Project
San Bernardino County Transportation Authority | San Bernardino, CA Victor Lopez | 909.884.8276 | [email protected]
Joey Mendoza
July Yokogawa
Mount Vernon Bridge Replacement
San Bernardino County Transportation Authority | San Bernardino, CA Dennis Saylor | 909.889.8611 | [email protected]
Joey Mendoza
July Yokogawa
In the following pages we present 7 project references which highlight our experience delivering similar projects as those anticipated by the City in the next few years.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 8 BRISTOL STREET WIDENING, PHASES 3A, 3B, AND 4 | CITY OF SANTA ANA. The Bristol Street Corridor is a Major Arterial Highway as designated in the Orange County Master Plan of Arterial Highways.
This four-lane highway serves as a vital north-south transportation link in Central Orange County, California which has regional as well as local significance. This public improvement project accomplished the widening of Bristol Street from four to six lanes to provide for additional capacity.
This Highway has a high volume of motorists as well as bicyclists and pedestrian walkways. This project added a landscaped center median to provide safe mobility for all users, including pedestrians, bicyclists, transit riders, and motorists.
The project involved both partial and full-take acquisitions and relocation of single-family residences and many businesses.
Daniela was responsible for the overall right-of-way project coordination and oversight and the ongoing interim property management which included both maintenance and management services. She provided oversight of overall project coordination on Phase III A & B and managed all elements of the right-of-way acquisition for this project, which entailed 28 partial and full acquisitions and relocation of 15 businesses and 23 residential occupants. Monument recently started working on Phase IV of this project.
BASTANCHURY ROAD WIDEINING | CITY OF YORBA LINDA
The Bastanchury Roadway Widening Project is a locally funded project, expanding the roadway between Casa Loma Avenue and Eureka Avenue. The City of Yorba Linda opted to obtain a Permit to Enter and Construct (“PTE”) from any properties that they needed work space from to construct the project improvements. Along with the addition of one lane in each direction on Bastanchury Road, the sound wall adjacent to the residential properties will be constructed at a higher height in accordance to the environmental study that was performed. PTEs from eight properties were obtained for the construction of project improvements. One major challenge for this project was the voluntary granting of the PTE from the property owner for no monetary compensation on an accelerated schedule. Acquiring rights on a voluntary basis is unique and challenging at the same time in today’s real estate market.
Daniela and the Team saved the City money by acquiring necessary rights via voluntary right of entries, and completed additional out of scope tasks per client’s request within the original budget. There was 100% success in securing the property rights needed for the project without the need for eminent domain.
ON-CALL SERVICES | CITY OF MISSION VIEJO. Daniela has worked with the City of Mission Viejo for the past 15 years. She has provided her expertise on multiple projects throughout the years including Felipe Road/Oso Parkway Intersection Improvement Project, La Paz Widening Project, Oso Parkway at I-5 On Ramp Improvement Project and Interstate 5 Soundwall Improvements Project. Daniela handled all aspects of project planning, development, and risk analysis and continues to work with the City to assist with advice and strategic planning. She has been responsible for the management of all real estate and right-of-way
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 9 services including property negotiations, document preparation for property acquisition, title compilation for property reports, research and analysis for cost studies, site searching, preliminary escrow functions, and other field work. She provided oversight of overall project coordination and managed all elements of the right-of-way acquisition as needed.
Daniela is essentially on-call to the City to assist them with all real estate related issues the City may face.
SOUTH LAGUNA TUNNEL STABILIZATION AND SEWER PIPELINE
REPLACEMENT PROJECT | SOUTH COAST WATER DISTRICT.
This water and tunnel project improved a tunnel built in 1954 which was over two-miles in length beneath the oceanfront homes along the bluffs in South Laguna Beach. This tunnel has maintained a minimal carbon footprint since its first day of operation and it remains a vital piece of regional infrastructure. The tunnel houses a sewer line that conveys one million gallons of wastewater a day by gravity flow to the Coastal Treatment Plant in nearby Alison Canyon. The volume of wastewater carried by the line is approximately 25% of the District’s daily load.
The tunnel was undersized, deteriorating, and unsafe, posing risks of injury to workers and risks of damaging or breaking the sewer line itself, potentially causing a sewage spill onto the beaches along the two-mile coast of Laguna Beach.
The new tunnel was designed to increase capacity to accommodate a new sewer pipeline, maintenance equipment, and safe access and working conditions for maintenance personnel. The right-of-way program entailed 214 partial acquisitions to accommodate the improvement of the subterranean tunnel. The partial acquisitions consisted of upgraded easements, new easements, and fee interests. The project affected single-family residential properties located in the exclusive coastal area of Laguna Beach.
A second phase of the project included contacting the property owners for an additional easement to remedy additional takes resulting from the actual construction of the new tunnel. Daniela and the Monument Team were responsible for delivery of this project.
WARNER AVENUE WIDENING PROJECT | CITY OF SANTA ANA.
Warner Avenue is a regionally significant arterial roadway, providing east-west travel through the City. This project expands Warner Avenue from Oak Street to Grand Avenue by adding an additional lane of traffic and medians. These improvements were designed utilizing Complete Streets principals to provide safe, comfortable, and convenient travel for all users – pedestrians, bicyclists, transit riders, and motorists. This project will improve the flow of traffic and greatly improve commuter safety.
Daniela and the Monument Team are responsible for the acquisition of 20 full and partial take residential and commercial properties and over 17 residential relocations. The Monument Team provided referrals in more affordable areas which created additional opportunities for the owners to locate a replacement property within their budget. Our hands-on approach, including in- person communications with the property owners, their family members and their agents, contributed to a rebuilding of trust in the process.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 10 SANTA ANA WATER RESOURCES ON-CALL SERVICES | CITY OF
SANTA ANA
Daniela recently started working with the Water Resources Department even though she has worked with the City of Santa Ana’s Public Works Department for most of her 22 year career. She works closely with the City of Santa Ana Water Department to provide project oversight for the implementation of the Water Department’s applicable right-of-way services. Recently, she developed and prepared acquisition formats and provided recommendation summaries of the right-of-way impacts facing the City. Daniela has prepared acquisition documents, negotiated with property owners, provided escrow coordination, researched the local market for available properties to fit the City’s needs, identified the fair market rents, and compiled reports. Daniela also recently negotiated with property owners on voluntary acquisition of land. She is essentially the go to real estate and right-of-way specialist to the City. Specific Projects include the following:
Well Site # 32 Rehabilitation Project (STA 002) The City is planning to rehabilitate a well by bringing the facility up to current codes and standards. Improvements include upgrading the power supply, motor control system, Supervisory Control and Data Acquisition (SCADA) system, and constructing a new discharge pipeline. The project is required to maintain effective operation of the City’s water system and to provide reliability to the City water supply.
Water Pressure Reducing Station Project – PRV 3 (STA 003) The project proposes to replace the existing obsolete Pressure Reducing Vault structure at the corner of Maxine Street and McFadden. Improvements include a new vault structure, new piping, new flow control valves, power controls and new communications equipment.
CROWN VALLEY PARKWAY WESTBOUND WIDENING | CITY OF
LAGUNA NIGUEL
This is a new project involving the widening of Crown Valley Parkway in Laguna Niguel. The current street is 4 lanes each way and is impacted with multiple turn lanes, two intersections and a freeway entrance and exit. Significant traffic and unsafe bike access have caused this section of the road to be dangerous. The Project will widen each side of Crown Valley and impact multiple businesses including a combination car wash and gas station, medical facility, railroad access and possibly a Costco parking lot.
As Project Manager, Daniela will provide oversight of overall project coordination and manage all elements of the right-of-way acquisition for this project which entails property negotiations, document preparation for property acquisition, provide recommendation summaries of the impacts for the City, title compilation for property reports, preliminary escrow functions, and other field work.
“The City of Mission Viejo recently had two projects for which it needed multiple property owner acknowledgments.
Despite our best efforts, there were several property owners whom we could either not locate or who were non- responsive. For both projects, we called on Monument and had the signed acknowledgments in short order. Neither project could have moved forward without their efforts.
For key projects, you need to have your “go-to” people. For me, when it comes to right-of-way services, that person is Daniela Borbe. I have worked with Daniela for many years. She is consistently personable and professional and, most importantly, always delivers.”
-Mark Chagnon, Director of Public Works
City of Mission Viejo
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 11 REFERENCES
Monument has established an impeccable reputation with our clients and we look forward to building our relationship with the City of Fullerton. We have provided three references below and encourage you to call to hear about our performance.
CITY OF MISSION VIEJO
Mark Chagnon
[email protected]
ORANGE COUNTY TRANSPORTATION
AUTHORITY
Rose Casey, Director of Highways
Programs
[email protected]
CITY OF YORBA LINDA
Jamie Lai, PE, Director of Public Works
[email protected]
Section Three
Proposed Staffing and Organization
13 EXPERTS IN ACQUISITION
AND RELOCATION
MULTI-LINGUAL, INCLUDING
SPANISH, CANTONESE,
VIETNAMESE, GERMAN, AND
ROMANIAN
STATEWIDE EXPERTS
IN UTILITY RELOCATION
COORDINATION
THE MONUMENT TEAM HAS
DELIVERED HUNDREDS OF
PROJECTS ON TIME AND
WITHIN BUDGET
MONUMENT’S
TEAM
AT A GLANCE
ROADWAY IMPROVEMENT
EXPERTS
SENSITIVE TO
COMMUNITY CONCERN
THE MONUMENT TEAM:
A DEPTH OF EXPERIENCE
We have reviewed the City’s Capital Improvement Program and specifically tailored our Team to meet upcoming project goals. Accordingly, we are proud to designate and commit our most experienced Project Manager, Daniela Borbe, to lead the Monument Team. Daniela was selected based on her extensive experience managing multiple municipal projects for cities like the city of Fullerton. She is also familiar with the multitude of projects cities face like sewer water, bike access, intersection and roadway projects. Daniela and the Monument Team are well versed in managing on-call contracts for municipalities and we excel at providing experienced day-to-day support as needed.
Daniela will provide day-to-day management of all City projects and will rely on the expertise of our proposed Team and amazing agents. Our Key staff will include Curtis Bibolet as Utility Coordination and Property Management Manager for all utility relocation coordination and property management support. Curtis has been providing utility coordination and property management services for 13 years and is unmatched in knowledge procedures and protocol, making him an unparalleled value to the City’s projects.
BJ Swanner is key and dedicated as our GIS Manager. He will be responsible for all geospatial services and will develop and maintain the requested encroachment and easement database. BJ has been providing project control and systems services for over 15 years. He is one of a few in our industry providing this level of service to our clients. Rounding out the Key Staff Team is Kim Bibolet. Kim is a seasoned Project Manager with extensive experience with excess land sales. Kim has processed hundreds of excess sales for RCTC and SBCTA and will efficiently support the City.
Finally, we have supplemented our Team to provide the City with additional expertise and resources, as needed. These include Rick Donahue from Integra Realty Resources and Christie Santolucito from Santolucito Doré Group for Fee Appraisal, Lee Smith, Monument’s resident Appraiser, for Review Appraisal Services, and Chris Mazier and Grace Kim from Commonwealth for Title and Escrow Services. These subconsultants have proven experience in their respective fields and were chosen specifically for their competence and ability to deliver.
Monument’s interdisciplinary team has decades of experience, extensive local knowledge, and working relationships with other local agencies throughout Southern California. Our Team is trained and well versed in federal and state law and regulations and adept in property negotiation, relocation assistance, valuation, project management, property management, and related right-of-way disciplines. We implement real estate programs for infrastructure projects large and small, under the Uniform Act involving roadway improvement, highway widening, transit, utilities, and water resource projects. The Monument Team is unparalleled in experience and success.
In addition to our proposed Team, Monument has additional staffing resources to support the City, as needed. Our organizational chart below outlines our Team, their roles and the communication and reporting relationships.
EXPERTS IN GIS AND
DATABASE BUILD AND
MANAGEMENT
EXPERIENCED IN
SEWER WATER
PROJECTS
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 14 TEAM ORGANIZATION
AGENTS
Raimie Dawit §◊
RWA
SENIOR AGENT
July Yokogawa §◊
RWP
SENIOR AGENT
Tim McCloud
AGENT
Haben
Woldemariam §◊
RWA
AGENT
Cami Stigall§
AGENT
UTILITY COORDINATION
Curtis Bibolet *§
SR/WA, R/W-AMC
UTILITY COORDINATION
MANAGER
George Enriquez
AZTEC
POTHOLING
TITLE & ESCROW
Chris Mazier
Commonwealth Title
and Land Company
TITLE SERVICES
Grace Kim
Commonwealth Title
and Land Company
ESCROW SERVICES
PROJECT SUPPORT
Tiffany McCloud
PROJECT SUPPORT
Kristine Sander
PROJECT SUPPORT
Legend:
KEY PERSONNEL
REAL ESTATE
LICENSE
MULTILIGUAL
*
§
◊
APPRAISAL
Rick Donahue
Integra Realty
Resources
FEE APPRAISAL
Christie
Santolucito
Satolucito Dore
FEE APPRAISAL
Lee Smith §
REVIEW APPRAISAL
PROJECT MANAGER
Daniela Borbe * §◊
PRINCIPAL-IN-CHARGE
Joey Mendoza *§
EXCESS LAND SALES
Kim Bibolet *§
SR/WA, R/W-NAC
PROJECT MANAGER
GIS & MARKET
ANALYSIS
BJ Swanner*
PROJECT MANAGER
TITLE INVESTIGATION
Jamie Gates
PROJECT MANAGER
PROPERTY
MANAGEMENT
Curtis Bibolet *§
SR/WA, R/W-AMC
PROPERTY
MANAGEMENT MANAGER
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 15 KEY PERSONNEL
Below we introduce you to our Key Personnel. Key personnel will be available and no person designated as “key” to the contract shall be removed or replaced without the prior written concurrence of the City. Full resumes can be found in the appendices. Now, let’s meet the Team!
Monument is proud to designate Daniela Borbe, a high
level, dedicated, and experienced Project Manager, to lead our team. In recent years, Daniela has provided hands-on delivery of municipal capital projects, including Crown Valley Parkway for Laguna Niguel, Bastanchury Road for
Yorba Linda, La Paz Road Widening for Mission Viejo,
and Bristol Street Widening Project, Warner Avenue
Widening Project, Grand Avenue Widening Project for
Santa Ana..
Daniela has 20 years of experience in the real estate and right-of-way industry with an extensive history in Southern California. She’s managed a wide range of capital projects from local water improvement projects to road widening
projects to major regional transportation projects, varying in size from just a few parcels to hundreds of acquisition and relocation cases. As a recognized leader in the Southern California right-of-way industry, she is knowledgeable
of the local real estate market in Orange County, and has relationships with the key stakeholders in the region.
Daniela’s strength lies in developing creative cost savings solutions, attention to detail and her ability to deliver services within strict deadlines and critical schedule requirements.
During her 20 years of experience, Daniela has managed
major public improvement projects, acquisition and
relocation teams and the budget and critical paths for
each of her team’s projects. Daniela was most recently
DANIELA BORBE , PROJECT MANAGER
the Project Manager for the City of Yorba Linda. She
provided program management for the implementation
of acquisition services, as well as oversight and
management of cost controls, schedules, and risk
mitigation. Daniela was able to implement a voluntary
donation acquisition program including 13 acquisitions
at no cost to the City. This is one of many examples where Daniela has surpassed the client’s expectations.
Daniela has an extensive background in quality control and assurance and maintaining federal, state, local, agency and Caltrans compliance. She is fully versed in all aspects of the Uniform Act, FHWA regulations, Caltrans Right-of- Way Manual and has a perfect track record passing federal and Caltrans audits. Daniela takes pride in meeting project goals and objectives, and her clients find her proactive, creative, responsive, and a pleasure to work with.
Assigned Duties. Daniela will be responsible for Project Management, Title and Escrow Coordination, Appraisal Coordination, Eminent Domain Coordination, Right-of-Way Certification, Construction Support, and Project Closeout.
60% AVAILABLE
“Daniela is the best in the business. She
gets projects completed on time and
within budget, or under budget. There
is no stopping this woman. She is great
to work with and really easy going.”
-Joe McDivitt, South Coast Water District
BACHELORS
Public Administration,
Babes Bolyai University,
Romania
EDUCATION
REAL ESTATE
SALESPERSON
State of California
CA#01511932
LICENSES
• BRISTOL STREET WIDENING,
SANTA ANA
• WARNER AVENUE WIDENING,
SANTA ANA
• BASTANCHURY ROAD WIDENING,
YORBA LINDA
RELEVANT EXPERIENCE
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 16 BJ Swanner is a skilled utility player with demonstrated experience managing projects, as well as developing
and implementing technological solutions to real estate challenges utilizing GIS and other systems. He is a planning and development manager with over 15 years of experience managing right-of-way programs for a variety of public
infrastructure projects from small to large. BJ is an astute project manager responsible for all aspects of project
management from project set-up through project closeout.
As a recognized leader in the Southern California right-of-
BJ SWANNER , PROJECT MANAGER, GIS AND MARKET ANALYSIS
way profession, he is knowledgeable of the local market, and has existing relationships with key stakeholders in the region. This includes important relationships with Caltrans personnel at the District office and Headquarters level.
BJ’s resume is filled with impressive accomplishments and successful projects which showcase his skill and ability. He has delivered projects for public agencies including LA Metro, San Bernardino County Transportation Authority,
Riverside County Transportation Authority and a
Assigned Duties. BJ will be responsible for Acquisition and Relocation Management. 55% AVAILABLE
Curtis has 13 years of experience in utility relocation coordination and property management. He has direct
experience with providing utility coordination and
property management on projects such as the West
Valley Connector and SR-55 improvement Project.
Curtis has also worked with a wide range of public agencies and private sector clients, including Orange County
Transportation Authority, San Bernardino Transportation Authority, Riverside County Transportation Commission,
and Foothill/Eastern Transportation Corridor Agency, just to name a few.
Curtis is focused on clearing encroachments, and
mitigating utility conflicts for his clients. His demonstrated success is attributed to his ability to quickly identify and
CURTIS BIBOLET , SR/WA, RW-NAC
UTILITY COORDINATION AND PROPERTY MANAGEMENT MANAGER
resolve underlying owner concerns in order to reach
agreements swiftly and without legal action. He maintains strong relationships with local utility owners, which has been instrumental in expediting the utility coordination process. Curtis is recognized in the industry for his ability to collaborate with project partners and his experience in successfully coordinating utility relocations to ensure his projects are delivered on time.
Curtis is not only a utility relocation expert, he has managed hundreds of properties throughout the State of California and currently oversees our Property Management Team.
He is dedicated to ensuring his clients’ assets are properly maintained and cared for through his experience in
coordinating maintenance and working with vendors.
BACHELORS
Communications Studies,
Minor in Business,
University of Idaho
EDUCATION
• LA CADENA BRIDGE IMPROVEMENT,
COLTON
• SR-55 IMPROVEMENT PROJECT, OCTA
• RAMON ROAD WIDENING,
PALM SPRINGS
RELEVANT EXPERIENCE
Assigned Duties. Curtis will be responsible for coordination and oversight of utility relocation and property management.
60% AVAILABLE
Bachelors
Geography, UCLA
EDUCATION
ALLIED BUSINESS SCHOOLS
Real Estate Principles
Real Estate Practice
Real Estate Appraisal
TRAINING
• EUCLID AND GLEN OAKS
INTERSECTION IMPROVEMENT,
ANAHEIM
• AVE. R ACTIVE TRANSPORTATION
PALMDALE
• LA RIVER BIKE PATH GAP CLOSURE
LA METRO
RELEVANT EXPERIENCE
REAL ESTATE
SALESPERSON
State of California
CA#02008725
LICENSES
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 17 variety of local cities and counties including Anaheim, Inglewood, Palmdale, Santa Ana, and Los Angeles. BJ
has provided planning and development to LA Metro for
the West Santa Ana Branch Transit Corridor, I-105 Express Lanes, Green C Line Extension to Torrance, Caltrans SR- 710 North Study and the Antelope Valley Line. He has also provided planning and feasibility studies for California High Speed Rail Authority for the segments from Los Angeles to Anaheim, Bakersfield to Palmdale, and Los Angeles to San Diego.
BJ’s strength lies in developing creative cost savings
solutions, attention to detail and his ability to deliver services with strict deadlines and critical schedule requirements.
He thrives in settings involving solving complex problems and working in collaboration with his clients and team
members to seek out innovative solutions. He is an
expert in Geospatial Software which includes geospatial analysis, database management, mobile mapping custom
interface design and UAV data collection. BJ is also highly experienced in providing right-of-way cost estimating and asset management tracking and anaylsis. BJ ensures
quality control and assurance in maintaining federal, state, local, agency, and Caltrans compliance, including the
Caltrans Right of Way Manual and FTA guidelines.
Kim has built an impressive resume over the past 15 years by managing countless capital improvement projects,
involving large and small, complex and time-critical projects throughout Southern California. Kim has touched every
aspect of the profession from property negotiations,
escrow coordination, title investigation and clearance, cost estimating, residential and business relocation,
condemnation coordination, right-of-way certification,
and excess land sales.
This experience is the foundation of her demonstrated
success in managing multi-disciplinary, complex
infrastructure projects involving overlapping funding
sources, Caltrans and FHWA oversight and political
sensitivities. Kim has extensive knowledge in local, state and federal laws, regulations and procedures as well as an extensive background in quality control and assurance and maintaining federal, state, local, agency and Caltrans compliance. She is fully versed in all aspects of the Caltrans Right-of-Way Manual and has a perfect track record passing federal and Caltrans audits.
Kim has demonstrated experience managing large volumes
of excess land for agencies. Recently she managed the
excess land sales for Riverside County Transportation
Commission and San Bernardino County Transportation
Authority.
KIM BIBOLET, SR/WA, RW-NAC, EXCESS LAND DISPOSITION MANAGER Assigned Duties. Kim will be responsible for Excess Land Sales. She will identify potential excess land for planning purposes and prepare a Staff Report for City approval. 45% AVAILABLE
BACHELORS
Sports Science, University of
Idaho
EDUCATION
REAL ESTATE
SALESPERSON
State of California
CA#01883565
LICENSES
• ORANGETHORPE AVENUE GRADE
SEPARATION
• LAUREL STREET GRADE SEPARATION
• I-5 AND OSO PARKWAY INTERCHANGE
IMPROVEMENTS
RELEVANT EXPERIENCE
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 18 Joey is a Senior Program Manager and has served
on numerous major transportation projects including
highway, transit, and design-build projects throughout
California, Nevada, Texas, and Arizona. He has expertise in corridor-oriented projects from the early inception of the initial planning phase, through environmental approval, engineering design, construction coordination, and project closeout. Joey’s experience includes overall project
management, budgeting, and project cost estimating;
schedule preparation; document management; risk
management; partial and full-take acquisitions; commercial, residential, and industrial relocation assistance projects; eminent domain support; and appraisal and appraisal
review.
JOEY MENDOZA , PRINCIPAL-IN-CHARGE
Having been in the right-of-way and real estate acquisition services industry for over 30 years, Joey is dedicated to saving clients money and delivering solid projects on
time. He has the technical expertise and administrative guidance to develop and manage right-of-way programs
for large scale, multi-faceted infrastructure projects. Joey is experienced in the implementation of federal, state, and local laws, as well as the design-build and alternative delivery process, risk management, and Federal Transit
Administration (FTA), Federal Highway Administration
(FHWA), and State Department of Transportation (DOT)
procedures.
Assigned Duties. Joey will ensure Fullerton projects conform to funding requirements, meet state and federal law and local requirements, and are delivered pursuant to City policy and procedure. He will be available to participate in project planning, strategic risk management, and program and project management as needed. 55% AVAILABLE
REAL ESTATE BROKER
State of California
CA#01144860
LICENSES
• SR-91 CORRIDOR IMPROVEMENT
PROJECT
• MOUNT VERNON BRIDGE REPLACEMENT
• SR-91 HIGH OCCUPANCY VEHICLE
(HOV) IMPROVEMENT PROJECT
RELEVANT EXPERIENCE
COURSEWORK
Business Administration,
California State University,
Long Beach
EDUCATION
MONUMENT’S AGENTS AND SUPPORT TEAM
The Monument Team is stacked with local talent ready to assist the City with all of its project needs. In addition, Monument has resources beyond our proposed Team. This depth allows us to support the City with all project delivery needs in a timely manner. Below is a brief introduction to the rest of our proposed Team.
ADDITIONAL TEAM
MEMBERS EXPERIENCE
RAIMIE DAWIT, RWA
Senior Agent
50% Available
15 Years of Experience
• Bachelors, Communications, California State Polytechnic University • California Real Estate Salesperson, CA# 01829708
• Notary
• Member of the IRWA, Chapter Secretary, RWA and coursework toward SR/WA • Specialties include complex partial acquisitions and expert in state and federal regulations • Multilingual
JULY YOKOGAWA,
RWP
Senior Agent
60% Available
7 years of Experience
• Bachelors, Administration and Finance, California State Polytechnic University • California Real Estate Salesperson, CA# 01810975
• Notary
• Member of IRWA, RWP certification, working towards SR/WA • Specializes in property owner negotiations with 100% success rate on recent projects • Multilingual
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 19 TIM MCCLOUD
Agent
55% Available
6 Years Experience
• Bachelors, Business Administration, California State University, LA • California Real Estate Salesperson, CA# 02081711
• Notary
• Member of IRWA, taking coursework towards SR/WA
• Experienced in property negotiations, residential relocation and title investigation • Multilingual
HABEN
WOLDEMARIAN, RWA
Agent
55% Available
6 Years Experience
• California Real Estate Salesperson, CA# 02138220
• Notary
• Member of IRWA, RWA certification, taking coursework towards SR/WA • Specializes in partial and full take acquisitions, business relocation, utility prior rights research and transfer of land conveyances
CAMI STIGALL
Agent
60% Available
3 Years of Experience
• Masters, Reading Instruction and Administration, Loyola Marymount University, LA • Bachelors, Psychology, Loyola Marymount University, LA • California Real Estate Salesperson, CA# 02156107
• Member of IRWA, coursework towards SR/WA
• Experience agent in property negotiations, title research and investigation and valuation analysis
TIFFANY MCCLOUD
Project Support
55%Available
7 Years of Experience
• Member of IRWA and relevant coursework
• Expert in Microsoft Word and Excel
• Experience in relocation assistance procedure
• Record and file management
• Preparation and management of documents, deeds, notices and agreements • Project coordination of acquisition, relocation and utility coordination projects
KRISTINE SANDER
Project Support
55% Available
6 Years of Experience
• Bachelors, Human Development and Family Services, Oregon State University • Specializes in title research, agreement and deed preparation, and tracking meeting agendas and minutes, and is an Excel Superuser
• Member of the IRWA
• Data management and status reporting
LEE SMITH
Appraisal Review
55% Available
35 Years of Experience
• Bachelors, Urban Planning, Park & Landscape Design and Planning, California State Polytechnic University
• Certified General Appraiser, California #AG009798
• California Real Estate Broker, CA# 00648958
• Member of IRWA
JAMIE GATES
Title Investigation
55% Available
25 Years of Experience
• Bachelors, Business Management, Keuka College, New York • Member of IRWA
• Member of AAPL
• Expert in land research and interpretation, permitting, valuation studies and due diligence
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 20 SUBCONSULTANTS EXPERIENCE AND AVAILABILITY
Our amazing subconsultant partners include the following firms and their indicated Key Staff. Each of these companies have proven experience and knowledge in their respective fields and were chosen based on their commitment to excellent delivery and years of successful collaboration with the Monument Team.
NAME AND ROLE QUALIFICATIONS
RICK DONAHUE
Fee Appraisal
40% Available
Rick has been involved in the appraisal of real estate and business properties for over 35 years.
Valuation and consulting assignments have encompassed a wide variety of purposes including right-of-way acquisition. His experience includes appraisal, litigation support, portfolio valuations, investment analysis, condemnation consulting, due diligence investigation, lease-by-lease analysis, highest and best use studies, market studies, and feasibility analysis.
CHRISTIE
SANTOLUCITO
Fee Appraisal
50% Available
John is the President of R.P. Laurain and Associates and has been providing appraisal services for over 31 years. He has extensive experience in the Los Angeles market, and is familiar with providing appraisal reports in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP), FAA guidelines, Caltrans Manual, and other related standards. John is familiar with appraising properties inclusive of full and partial acquisition studies.
CHRIS MAZIER
Title Services
55% Available
Commonwealth has been a title insurance company for over a century, and is committed to providing unmatched expertise and exceptional customer service. Chris Maziar is a Commercial Title Officer with 35 years of experience in the title industry and has an extensive background in commercial and industrial title searching and examining. Chris is the lead for title services.
GRACE KIM
Escrow Services
55% Available
Grace has over 23 years experience at Commonwealth and has handled a number of transaction types including, but not limited to, right-of-way and government acquisitions. Grace is the lead for escrow services.
Together, the Monument Team, Integra Realty Resources, Santolucito Doré Group, and Commonwealth are ready to provide the City with the best comprehensive Real Property and Right-of-Way Services available.
Section Four
Detailed Work Plan
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 22 DETAILED WORK PLAN
PROJECT MANAGEMENT AND CONTROLS
Successful implementation of the right-of-way program occurs with a Project Manager who has an in-depth understanding of the right-of-way process, applicable policies and regulations, an ability to comprehend both the “big picture” and the project details, superior problem-solving and communication skills, creative thinking and adaptability. Daniela possesses these qualities and will ensure quality control and timely execution of City projects. We will work closely with City staff and the engineering team in performing the required real estate services, and establish work processes to manage and coordinate right-of-way activities to ensure that deliverables meet quality standards. Daniela will work with City staff to anticipate potential issues, resolve problems, recommend solutions, and ensure the project schedule is adhered to by the team. Daniela will perform the following services for each task:
9 Participate in a Right-of-Way Kick Off meeting with the City and design consultant to ensure design, appraisal and right-of-way impacts are coordinated and on schedule, establish lines of communication, project reporting requirements, as well as listen to the City’s concerns and address any issues that may arise.
9 Schedule regular meetings with the City and Project Team to ensure that project deliverables stay on schedule and within budget. Participate in project and public meetings, as required. 9 Provide oversight for all right-of-way acquisition activities to ensure timely and accurate performance of real estate activities.
9 Coordinate with design engineers and surveyors in the performance of right-of-way engineering. 9 Prepare and deliver written progress status reports for cases, updates to other City consultants on schedule and cost updates, as required.
9 Manage and maintain quality control program to ensure compliance with City and Monument requirements. Our QA/QC Manager will conduct weekly reviews of the project reporting to ensure compliance with City and regulatory requirements.
9 Provide general consulting services to City staff and their consultants on matters relating to appraisals, appraisal reviews, environmental assessments, acquisitions, relocation assistance, property management, title and closing services and policy implementation. 9 Implement and comply with Uniform Act guidelines, State and Federal laws, Caltrans Local Assistance Program Guidelines, Caltrans Local Assistance Procedures Manual and the Caltrans Right of Way Manual (as necessary).
9 Develop all necessary acquisition and relocation formats for use on the project, including appraisal notices, offer letters, appraisal statements, acquisition brochures, agreements, contracts, deeds, relocation notifications and claim forms, in a format acceptable to the City and the City’s counsel.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 23 MANAGING SUBCONSULTANTS
Managing comprehensive right-of-way programs that involve multiple subconsultants is nothing new to Monument. In fact, this is one of our many strengths. This process begins with assembling the finest team of subconsultants that is built on trust, dependability, and a history of delivering quality services together.
Successful management of a subconsultant team requires proper planning, establishing clear lines of communication, monitoring the services being performed and verifying quality standards are being met. Daniela will provide continuous guidance and coordination with our subconsultants on project status, allowing them to mobilize efficiently throughout delivery. We use four key steps in managing our subconsultants effectively and efficiently, as summarized below. 9Set Expectations Immediately. For each task order, Monument will meet with our subconsultants to provide a detailed understanding of the assignment and give clear instruction about the services and deliverables being requested. This will be memorialized in a Statement of Work which will be incorporated into Monument’s task order to the subconsultant. The Statement of Work will address the following items:
• Each party’s responsibilities and authority
• Detail of deliverables
• Definition of services
• Deadline to perform services and complete deliverables • Quality standards and acceptance-of-work process
• Terms and conditions between the parties
9Plan, Plan, Plan. Prior to initiating the assigned work, Monument and the subconsultants will work together to prepare a detailed schedule that ensures the deadline stated in the task order is achieved. The schedule will include key milestones, approval requirements, and constraints such as due dates for deliverables.
Weekly updates to the schedule will track the progress of completed and ongoing tasks, and will provide Daniela with the information required to make any necessary course corrections. 9Communicate Early and Often. Monument will establish communication channels with subconsultants for effective management and communication. The reporting structure will involve weekly check-ins with each subconsultant to drill down the cost accounting level, progress of work, and unanticipated problems.
APPRAISAL COORDINATION
Our appraisal team consists of Rick Donahue from Integra Realty Resources and Christie Santolucito from Santolucito Doré Group for fee appraisal assignments, and Monument’s own Lee Smith for appraisal reviews. These appraisers were selected based on their expertise, their capacity to commit the necessary resources to meet the project schedule requirements, and their experience appraising property in Orange County.
Fee Appraisals. Daniela will provide day-to-day management of the appraisal process and will work closely with our team of appraisers to ensure report quality, conformity to required standards and that reports are completed on time to meet the project schedule. Our team of appraisers have demonstrated experience in appraising properties for public property City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 24 acquisition in accordance with the Uniform Act and with the Uniform Standards of Professional Appraisal Practice (USPAP).
Daniela will work to insure information, coordination and consistency as well as insure report quality and conformity to required standards. She will be familiar with all potential properties, proposed property interests, and related market conditions. After preparation of the Notice of Decision to Appraiser letter for each property, Daniela will manage and oversee the appraisal activities conducted by the appraiser which include:
9Ensuring the appraisal report complies with laws that are applicable to the specific appraisal assignment and USPAP.
9Perform an inspection of the subject property, the proposed project area and surrounding area. 9Make certain the appraisal report identifies the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market-based highest and best use.
9Presentation and analysis of relevant market information. 9Development of appraisal, disregarding any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project.
9Development of lease rates for public land for various purposes (ie. Outdoor dining,construction storage, etc.).
Appraisal Review. Upon completion of each appraisal, Monument will utilize our very own Review Appraiser, Lee Smith, to conduct a formal review of the appraisal. Lee will review each appraisal report to ensure the appraisal meets minimal reporting requirements under the applicable regulations. This includes preparation of a separate review report stating findings, concurrence (or not) with the fair market value conclusion, and recommendation of approval of a Statement of Just Compensation to the City. The appraisal reviews will be completed in a timely fashion to avoid delay to project timelines and goals.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 25 ACQUISITION AND NEGOTIATION
Our right-of-way agents will obtain information and documentation to resolve real property issues as they relate to Capital Improvement Program projects and/or private developments. They will contact the property owners and meet with the owner in person to present the City’s offer within two weeks after receipt of the approved appraisal and determination of just compensation by the City. During this meeting, the agent will discuss the project, explain the property rights affecting the property, review the proposed project design, present the offer to purchase, review the salient information in the appraisal report, review the terms of the right-of-way contract and answer any questions or concerns the owner may have concerning the process.
Owners will be given reasonable opportunity to consider offers, present materials they believe are relevant to determining property values, and suggest modifications in the proposed terms and conditions of the purchase. Every reasonable effort will be made to acquire the necessary real property rights expeditiously by negotiations. The right-of-way agent will proactively communicate with the property owner on a regular basis, meet in person when necessary, and respond to any questions, concerns or clarifications requested by the property owner. The right-of-way agent will establish a file and maintain a parcel diary and log to record all communications with the property owner or the property owner’s representative. Our Agents will prepare contracts, agreements, leases, deeds, reconveyances, and other means used to obtain or vacate interests in real property.
CONDEMNATION SUPPORT.
In the event negotiations are unsuccessful and the acquisition agent recommends that an administrative settlement is not feasible or project timing requires use of the eminent domain process, Daniela will submit a recommendation to the City to initiate condemnation proceedings. Daniela and the Monument Team will work closely with the City’s legal counsel in preparing the resolution hearing notices, providing a duplicate copy of the agent’s acquisition file, and assist in the eminent domain complaint and in trial preparation as requested. Settlement negotiations by legal staff may continue until the trial begins, including alternative dispute resolution and negotiations for Stipulated Use and Possession to ensure access to the property consistent with project schedules.
TITLE AND ESCROW SERVICES
Title Investigation. When necessary, Monument’s Title Investigation Manager, Jamie Gates, will build a detailed ownership report for each parcel, providing the City with a thorough understanding of what has happened on a particular piece of property. Our Title Investigation services include:
9Courthouse research
9Online research
9Talking to local landowners
9GIS mapping
9Investigating mineral and surface rights
9Researching grantors, grantees, mortgages, easements, maps, surveys and other documentations as needed from the County Recorder.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 26 9Summarizing facts into detailed ownership reports
9Providing info about state and local land requirements 9Gain a comprehensive view of the land beneath your project—from patent until now. 9Chain of title
9Encumbrances
9Leases
9Mortgages
9Summary and recommendations
Title Reports. Monument will utilize Commonwealth Land Title Company to obtain Preliminary Title Reports for impacted parcels and review them for ownership and determine if there are any unacceptable liens or encumbrances that need to be addressed prior to the property being conveyed to the City. We will order litigation guarantees for any parcels prior to beginning the eminent domain process.
Escrow. After execution and acceptance by both owner and the City, signed documents will be delivered to Commonwealth Land Title Company and escrows will be opened. The escrow officer will be instructed to produce a Settlement Statement which will allow the City to process funds and deposit them into escrow. For partial fee acquisitions and permanent easements, properties with loans will require a lender consent or subordination agreement prior to closing escrow.
Oftentimes, title companies require support in contacting lenders and processing their requests for consent. Monument has assisted with countless lender consents and title clearances and is committed to ensuring that all escrows are closed promptly and title insurance is issued. The City will be provided with the title insurance policy and along with a final closing package.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 27 GIS MAPPING
A Geographic Information System (GIS) is the perfect technology to store and manage data about land rights and encroachments. The enterprise relational database backbone means that a nearly unlimited amount of data can be stored, and data can be retrieved through advanced reporting or a purpose-built user interface. Additionally, the dedicated spatial tools in a GIS are ideal for handling features such as parcels, tax lots, roads, railroads, utilities, and any other element that has a geographic extent.
BJ Swanner, Monument’s GIS Project Manager, has extensive experience developing and using GIS tools to locate, store, manage, and report on land rights and agreements such as easements, leases, and licenses as well as encroachments.
BJ can work with the City to determine specific requirements for a GIS, identify a suitable platform to host the system, digitize existing records, capture new data using field survey tools, and organize the information in such a way that it is accessible to the City and the Monument Team managing the data.
Once the system is established, BJ can add new agreements (including tracking the status of new agreements from application through approval or recordation), remove or archive expired agreements, update information associated with existing agreements such as amendments to terms, adjustments to rent amounts, renewed insurance certificates, or resolution of encroachments. BJ can prepare periodic reports showing status of the agreements, and/or create a dashboard that summarizes key metrics in real time.
The specific platform chosen to host the City’s GIS will depend on specific requirements and constraints, as well as other systems with which the GIS will need to integrate (if necessary); however, we generally recommend a well-established platform such as ESRI’s ArcGIS Server, or ArcGIS Online, depending on what type of tools, performance, and access the City requires. An initial information gathering session will help establish many of these requirements and would be the first step Monument would take in helping develop the system.
UTILITY RELOCATION COORDINATION
Monument’s Utility Relocation Team, led by Curtis Bibolet, has experience providing utility coordination management for agencies throughout the Inland Empire and is familiar with local utility providers. Monument utilizes the Caltrans process for utility coordination as our standard protocol in addressing conflicting utility owners on our projects. Our Team will coordinate interviews amongst the City, the project’s design team, stakeholders and utility owners on utility relocation procedures. Our Team will assist with identification and verification of utilities in the project area and will obtain confirmation from the utility owners. This will involve preparing and mailing utility verification requests to Owners and follow-up letters requesting as-builts and current information on any existing facilities including claim of liability. This information, along with performing site verifications and working with design, will be used in identifying all utility locations. Monument will confirm with utility companies that the facilities are located as represented in the project’s utility maps. Monument will coordinate the potholing efforts or field surveys with the utility companies and the design team.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 28 A utility matrix will be prepared identifying utility owners, descriptions of facilities, dispositions (i.e. protect, relocate, abandon) and initial liability determinations. Monument will issue the Relocation Claim Letters and Notice to Owner to relocate in order to coordinate with utility companies for adjustment and/or relocation of interfering utilities. Our Team will coordinate with affected agencies and utility owners to obtain permits, approvals, and necessary agreements, including Utility Agreements, for relocations.
EXCESS LAND DISPOSITION
Monument will identify potential excess land for planning purposes and prepare a Staff Report for City approval. We will follow the California Government Code Section 54220 as well as the City’s Policies and Procedures when offering the property for sale. Kim, Monument’s Excess Land Disposition Manager, has assisted cities with the sale of surplus property for the last 10 years to agencies as well as to the public. The steps include:
9Develop a legal description and plat of the excess area 9Appraise the excess land to determine its highest and best use and minimum value for sale. 9Prepare a resolution for the City Council to approve declaring the area as excess and available for sale. 9Per Gov. Code 54220, reach out to various governmental agencies to determine if they are interested in purchasing the excess land at the appraised value.
9If governmental agencies are not interested, then expose the excess land to the open real estate market via a standard “For Sale” process, or request for bid.
• The “For Sale” process includes marketing the land via local MLS service or other tool, publishing the sale in local periodicals, and placing a sign on the property. The sale would be to the most responsible offer received within a given timeframe. • The request for bid process includes marketing the property and receiving bids on a specific day. On that day, open bids and award to the highest responsible bidder. 9Work with the City attorney to draft a sales agreements and closing the property through escrow.
RIGHT-OF-WAY CERTIFICATION
Daniela will assist the City in the preparation of the submittal package that will include the certification form and compilation of the necessary back-up documents and coordinate with Caltrans to address any comments prior to approval. This would generally include deeds, resolutions of necessity, final orders of condemnation, access agreements, cooperative agreements, permits, utility relocation agreements and notices, utility relocation plans, among other documents. Daniela is well versed and experienced in right-of-way certification and will be instrumental to the City in advising and navigating the sometimes difficult Caltrans process.
City of Fullerton | RFQ #4377 | On-Call Real Property and Right-of-Way Services 29 PROPERTY MANAGEMENT AND PROPERTY MAINTENANCE
Curtis and the Monument Team will provide post-acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance, and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. The Monument Team will inspect all City-owned properties and confirm the tenancy of occupants.
Our Team has demonstrated experience with Property Management and Maintenance Tasks including the following:
9 Review existing leases, licenses, franchises, easements, permits, and other agreements for the City’s properties.
9 Negotiate and draft new agreements or make revisions to existing agreements for approval by the City. 9 Collect rent and calculate tenant rental adjustments, increases, and operating expenses for approval by the City. Calculate the market rent for holdover tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include them in the escrow documents.
9 Coordinate with escrow companies for transfer of leases, security deposits, and rents prior to close of escrow.
9 Schedule, coordinate, and perform property maintenance tasks with qualified vendors. 9 Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism.
9 Meet and inspect City properties post-acquisition to ensure conformance with appropriate regulations. 9 Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner’s name, tenant’s name and contract rent amount, notices, vacancy date and demolition.
9 Maintain and update tenant databases.
9 Act as Property Management Liaison between the tenants and the City. 9 Coordinate eviction of tenants, if necessary, with the City staff. 9 Coordinate with escrow companies for transfer of tenant information upon closure of escrow. 9 As needed, Monument will establish a trust account via a separate checking account in the name of the City and Monument with the City to be co-owner of the account. 9 Coordinate with all utility companies for transfer and disconnection including but not limited to SCE, Gas Company, Waste Management, water, cable and telephone utilities.
IN CLOSING
We are confident in our ability to deliver right-of-way services for the city of Fullerton. We have demonstrated that the Monument Team has the qualifications, experience, compatibility with City goals and objectives, and the ability to coordinate with City Staff for successful project delivery. Our Team has spent much of their careers working for and delivering projects in Orange County. We are prepared to provide the level of support needed by the City immediately and we look forward to working with you!
Section Five
Fee Proposal
MONUMENT RIGHT-OF-WAY 2022 HOURLY RATE SCHEDULE Right of Way Management & Implementation Program Manager / Principal $250.00 per hour Senior Project Manager $180.00 per hour Senior Utility Project Manager $180.00 per hour ROW Project Manager / Utility Project Manager $155.00 per hour Utility Coordinator $105.00 per hour Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $125.00 per hour Acquisition Agent / Relocation Agent $105.00 per hour Project Coordinator / Researcher $90.00 per hour Project Support / Administrative Professional Staff $80.00 per hour Project Support Specialist $70.00 per hour Administrative Assistant $60.00 per hour The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service. These expenses including out-of-pocket expenses such as 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 Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract. Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge. Monument will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable.
Section Six
Status of Past and Present Contracts
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:_____________________________
Not Applicable
Amber Costello
President
August 31, 2022
Appendices
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".
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:
___________________________________ ______________________________________ ___________________________________ ______________________________________ ___________________________________ ______________________________________ ___________________________________ ______________________________________ Monument ROW
8/31/2022
200 Spectrum center, Suite 300, Irvine, CA 92618
Amber Costello
President
x
Joey Mendoza, Secretary
Amber Costello, President
200 Spectrum Center, Suite 300, Irvine, CA 92618
200 Spectrum Center, Suite 300, Irvine, CA 92618
DANIELA BORBE
PROJECT MANAGER
Daniela has over 20 years of industry experience and possesses an extensive knowledge of all aspects of the real estate and right-of-way process. Over the span of her career she has managed numerous projects and successfully completed over 5,000 acquisitions and relocations for public improvement projects. She is responsible for the management of her acquisition and relocation staff and the budget and critical paths for each of her team’s projects.
Daniela is knowledgeable in Federal, State and local laws, regulations, and policies related to eminent domain, easements, rights of entry, and other right-of-way technical and legal activities involved with the formal process of acquiring right-of-way.
BASTANCHURY WIDENING
City of Yorba Linda | Yorba Linda, CA | 2022-Ongoing
Daniela is the Project Manager for this project constructing road improvements along Bastanchury Road between Casa Loma Avenue & Eureka Avenue. The project improvements are constructed entirely within the public right of way with local funds. As a result, the need for voluntary right of entries over 8 properties is desired to complete the project. Right-of-way services provided include negotiations with property owners for voluntary right of entries, optional minimum value estimates to determine value of land and landscaping items located in conflict with the project, and project management services.
SOUTH LAGUNA TUNNEL STABILIZATION AND SEWER REPLACEMENT PROJECT South Coast Water District | South Laguna Beach, CA | 2007 - Ongoing Daniela has been working with South Coast Water District for ten years. This project widened and improved an underground sewer tunnel spanning two miles of Pacific Coast Highway. This project involved acquiring upgraded easements, new easements, and fee interest from over 214 properties. Daniela continues to provide acquisition services in additional phases of the project to date.
MISSION VIEJO - VARIOUS PROJECTS
City of Mission Viejo | Mission Viejo, CA | 2010 - Ongoing Daniela has been the go-to Project Manager for the City of Mission Viejo for over ten years.
She provides advisory services for all right-of-way issues and provides all acquisition and relocation services for the City. She is currently managing the Oso Park On-Ramp Project on the I-5 Freeway.
CITY OF SANTA ANA PROJECTS
City of Santa Ana | Santa Ana, CA | 2005 - Ongoing
Warner Avenue Widening, Phase II. This project expands Warner Avenue from Oak Street to Grand Avenue by adding an additional lane of traffic and medians. This project will improve the flow of traffic and greatly improve commuter safety. Daniela is responsible for the acquisition of 20 full and partial take residential and commercial properties and over 17 residential relocations Grand Avenue Widening Project. As Acquisition Project Manager, Daniela provided oversight of overall project coordination. She worked with her staff to analyze acquisition impacts, prepare acquisition documents, negotiate with property owners, and compile project reports. She coordinated escrow and cleared encumbrances from titles to close out the project.
Bristol Street Widening Project, Phases 3A & B. As Project Manager, Daniela provided oversight of overall project coordination and managed all elements of the right of way acquisition for this project, which entailed 28 partial and full acquisitions and relocation of 15 businesses and 23 residential occupants.
PROJECT EXPERIENCE
20 YEARS EXPERIENCE
BACHELORS DEGREE
Public Administration, Babes
Bolyai University, Romania
EDUCATION
REAL ESTATE SALESPERSON
State of California
CA#01511932
NOTARY PUBLIC
State of California
LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar
AFFILIATIONS
Daniela came to America from
her native country Romania and
jumped right into the world of
right-of-way. After a brief stint
selling corduroys at JCPenney,
she took a job at a local right-
of-way company answering
phones even though she barely
spoke English. Through hard
work and perseverance, she
grew into the fierce professional
that she is today.
FUN FACT!
CURTIS BIBOLET, SR/WA,
R/W-AMC
UTILITY COORDINATION AND PROPERTY MANAGEMENT MANAGER
As a certified right-of-way professional, Curtis possesses an abundance of real estate transaction, utility relocation, and property management expertise. He has over 13 years of experience managing best practices, regulatory procedures, and logistics for utility relocation and property management projects on behalf of public agencies.
With his friendly demeanor, Curtis provides oversight and quality review for Monument agents. He is focused on maximizing revenue, clearing encroachments, and mitigating utility conflicts for his clients.
I-5 IMPROVEMENT PROJECT
Orange County Transportation Authority | Orange, CA
This 9-mile highway corridor improvement project improves the I-5 between the I-405 and SR-55, Curtis identified right-of-way and utility impacts associated with two build alternates.
Based on the preliminary geometric plans, Curtis prepared Caltrans Right of Way Data Sheets for review and approval by OCTA and Caltrans District 12. He prepared a detailed scope, schedule, and estimated cost of utility relocations. Curtis identified low and high-risk utility areas within the project limits which may be subject to the requirements of the California Public Utility Commission General Order 131-D.
HARVARD AVENUE AND MICHELSON DRIVE IMPROVEMENTS PA/ED
City of Irvine | Irvine, CA
Curtis provided critical project development support to plan and estimate the costs of utility impacts in this capital improvement project for City of Irvine. Curtis determined liability for utility relocations and estimating those costs based on utility facility conflicts identified and mapped by the design team.
MOUNT VERNON BRIDGE REPLACEMENT PROJECT
San Bernardino County Transportation Agency | San Bernardino, CA The Mt. Vernon Bridge over BNSF Intermodal Yard Replacement is a $140 million Design-Build project owned by SBCTA involving the demolition of the existing bridge and construction of a new bridge over 1,000’ in length.
Curtis provided Property Management services including oversight of board-ups, fencing, and engaging law enforcement to remove trespassers and homeless on approximately 30 properties. He also coordinated testing for lead paint and managed all property maintenance subconsultants. Curtis also handled utility coordination involving 17 utility companies. Curtis was responsible for preparation of Notices to Owners for the 10 facilities in conflict, drafted a utility agreement, and coordinated 30 potholes. Funding sources and stakeholders include Federal Highway Administration, Federal Highway Bridge Program, Caltrans, and BNSF Railway.
NORTH FIRST AVENUE BRIDGE REPLACEMENT OVER BNSF RAIL YARD City of Barstow | Barstow, CA
Utilizing Caltrans Highway Bridge funds, the City is replacing the bridge to correct structural deficiencies. As the Utility Manager, Curtis provided utility coordination services for 28 utility conflicts in the original design and ultimately coordinated relocations for 11 facilities. Utilities affected included City of Barstow sewer, Golden State Water, Southwest Gas, Southern California Edison, Spectrum, and Frontier. Curtis provided cost estimates for the utility relocations for the Caltrans Right of Way Data Sheet and certification package. Curtis also managed all property management and maintenance for the project, procured the most qualified abatement and demolition providers and worked with the City for approval of all vendors.
PROJECT EXPERIENCE
13 YEARS EXPERIENCE
BACHELORS DEGREE
Communications Studies,
Minor in Business, University
of Idaho
EDUCATION
SENIOR RIGHT-OF-WAY AGENT
International Right-of-Way Association
RIGHT-OF-WAY ASSET
MANAGEMENT
International Right-of-Way Association
REAL ESTATE SALESMAN
State of California
CA#02008725
LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar
AFFILIATIONS
Curtis is a boating enthusiast
even though his acronym for
BOAT means “Bust Out Another
Thousand.” He is exceptional at
producing large crawfish boils
and his favorite food is creole.
He played football in college and
married his college sweetheart.
FUN FACT!
BRIAN JAMES “BJ” SWANNER
GIS AND MARKET ANALYSIS MANAGER
BJ is a skilled utility player with demonstrated experience managing projects, as well as developing and implementing technological solutions to real estate challenges utilizing GIS and other systems. He is a planning and development manager with over 15 years of experience managing right-of-way programs for a variety of public infrastructure projects from small to large. BJ is an astute project manager responsible for all aspects of project management from project set-up through project closeout. As a recognized leader in the Southern California right- of-way profession, he is knowledgeable of the local market, and has existing relationships with key stakeholders in the region.
BJ HAS PROVIDED GIS, MARKET ANALYSIS, AND PROJECT MANAGEMENT ON THE
FOLLOWING PROJECTS
TRANSPORTATION
AECOM – LACMTA/Caltrans, I-710 Corridor EIR/EIS
Bender Rosenthal – City of Inglewood, Inglewood Transit Connector City of Anaheim – Euclid and GlenOaks Intersection Improvements HDR – LACMTA High Desert Corridor
Mott MacDonald – LACMTA, LA-Glendale-Burbank Rail Feasibility Study Mott MacDonald – LACMTA, Crenshaw/LAX Transit Corridor
Mott MacDonald – LACMTA, Antelope Valley Line
Jacobs – California High Speed Rail Authority, Los Angeles to San Diego Jacobs – Caltrans Arroyo Seco Parkway Safety Enhancement Project Jacobs – I-710 Corridor Sound Wall Early Action Project Jacobs – LA River Bike Path Gap Closure Project
Jacobs – LACMTA/Caltrans SR-710 North Study
Parsons Transportation Group – LACMTA, I-405 to Wilmington PSR/PA&ED Psomas – Palmdale, Avenue R Active Transportation Project Riverside County Transportation Comission – Property Management San Bernardino County Transportation Authority – Property Management SENER – California High Speed Rail Authority, Bakersfield to Palmdale STV Inc. – California High Speed Rail Authority, Los Angeles to Anaheim STV Inc. – LACMTA, Green (C) Line Extension to Torrance STV – LACMTA Brighton to Roxford Double Track Project
WSP Global Inc. – LACMTA, I-105 ExpressLanes
WSP Global Inc. – LACMTA, West Santa Ana Branch Transit Corridor
UTILITIES
Jacobs – WRD of SoCal, Regional Brackish Water Reclamation Project Jacobs – LADWP, Groundwater Master Plan
Gannett Fleming – WBMWD, Palos Verdes Lateral
USGVWD – Indirect Reuse Replenishment Project
Woodard and Curran – OCSAN Taft Branch Sanitary Sewer
Woodard and Curran – Anaheim Knollwood Circle Sanitary Sewer TetraTech – MNWD Crown Valley Pipeline Replacements Project Northwest Natural Gas – Emerald Mist Pipeline
Summit Power – Palmdale Energy Project
SDG&E – Sunrise Powerlink
Various Confidential Wind and Solar Developers – Siting Studies, GIS
PROJECT EXPERIENCE
15 YEARS EXPERIENCE
BACHELORS
Geography, GIS and Remote
Sensing,UCLA
EDUCATION
ALLIED BUSINESS SCHOOLS
Real Estate Principles
Real Estate Practice
Real Estate Appraisal
PROJECT MANAGEMENT
INSTITUTE (PMI)
Managing Multiple Projects
Agile Project Management
Certified Scrum Master
TRAINING
CUSTOM
Contour
EPMA
SharePoint
FINANCIAL
BillQuick
BST Enterprise
AvazaSeminar
GEOSPATIAL
ESRI ArcGIS
SOFTWARE
When he isn’t developing
software or managing projects,
BJ can be found in the great
outdoors. He is an avid trail
runner, likes to compete in
triathlons, and spends time rock
climbing and mountaineering.
FUN FACT!
KIM BIBOLET, SR/WA,
R/W-NAC
EXCESS LAND SALES MANAGER
Kim Bibolet is a tenured right-of -way professional with over 15 years of experience.
She has worked closely with numerous local governments, public agencies, and private companies on transit, transportation, housing, and utility infrastructure projects. She has been involved in all aspects of right-of-way work, including excess land sales, property management, appraisal valuations, curative title, environmental assessments, escrow coordination, encroachment mitigation and permitting, eminent domain support, and relocation advisory services.
HOMEOWNERS ASSOCIATION (HOA) ACQUISITION NEGOTIATION FOR NEW CITY PARK City of Fullerton | Fullerton, CA
The City of Fullerton acquired a vacant, blighted property on behalf of the City Parks and Recreation Department to build a new city park at 3001 Pearl Drive. The vacant lot used to be home to a swimming pool and clubhouse for the adjacent apartment complexes, which the 33 property owners in the HOA failed to maintain. Kim managed the negotiations with the 33 property owners for the City to acquire the rights and managed a lengthy escrow process in which about 18 property owners required partial releases from their lenders. She also managed varying lender requirements, 15 of which hired appraisers for new appraisals.
ORANGETHORPE AVENUE GRADE SEPARATION
Orange County Transportation Authority | Orange, CA
Kim provided right-of-way acquisition support for this Caltrans oversight project to acquire interests in over 20 parcels, two of which were commercial centers. She worked with over 25 business owners in these centers on furniture, fixtures and equipment issues, along with loss of business goodwill claims. Other responsibilities included acquiring permits to enter, obtaining Phase I and II environmental site assessments, escrow coordination, and eminent domain support to the Authority and its attorneys.
LAUREL STREET GRADE SEPARATION AND I-10 TIPPECANOE AVENUE INTERCHANGE
IMPROVEMENT PROJECT
San Bernardino County Transportation Authority | Loma Linda, CA Kim assisted SBCTA with interim property management, marketing, and sale of 24 excess remnant parcels that were originally acquired for both the Laurel Street Grade Separation Project and the I-10 Tippecanoe Avenue Interchange Improvement Project in Loma Linda.
As part of this effort, Kim notified public agencies of the offer to sell, alerts adjacent property owners and has developed a comprehensive marketing program to get the most exposure for the properties. Kim handled the escrow process as well as the property management until sold.
RAIL RIGHT-OF-WAY PROPERTY MANAGEMENT
Riverside County Transportation Commission | Riverside County, CA Kim was the Project Manager for this on-call contract which involved reviewing and upgrading licenses and leases on RCTC property, disposal and sale of excess lands including public auction services, certifying highway rights of way with Caltrans, developing a property management and tenant contract database, reviewing and resolving title and boundary issues, performing appraisals for insurance purposes, and drafting procedures for property management.
PROJECT EXPERIENCE
15 YEARS EXPERIENCE
BACHELORS DEGREE
Sports Science, University
of Idaho
EDUCATION
SENIOR RIGHT-OF-WAY AGENT
International Right-of-Way Association
RIGHT-OF-WAY NEGOTIATION
AND ACQUISITION
International Right-of-Way Association
REAL ESTATE SALES PERSON
State of California
CA#01883565
LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar
AFFILIATIONS
Kim is obsessed with ice cream
and spends her free time on
the soccer field coaching her
kid’s teams. She prefers to be
outdoors whether she’s boating,
camping, hiking or golfing.
Speaking of golf. . . she’s pretty
good and has the coveted title of
having a hole in one!
FUN FACT!
JOEY MENDOZA
PRINCIPAL IN CHARGE
Joey has over 30 years of experience in program and project management in right-of-way and has delivered a broad spectrum of projects including grade separation, highway expansion, and interchange improvement. He has successfully managed and executed over 10,000 acquisitions, relocations and real estate related transactions for public projects throughout California. He is considered one of the industry leaders in right-of-way program management, preparation of detailed project management plans, cost estimates and budgetary reports for large public sector projects.
INTERSTATE 405 IMPROVEMENT PROJECT
Orange County Transportation Authority | Orange, CA | 2015 - Ongoing Joey is responsible for the development, implementation, and overall delivery of the necessary right-of-way to construct this 16-mile design-build project of the I-405 between State Route 55 and the I-605. This project consisted of 288 partial acquisitions affecting residential, commercial, retail, motels, public facilities, federal lands, and a regional shopping mall, which required right- of-way certification and release to the design-build contractor in segmented parcel groups.
Joey led the right-of-way program that includes real estate appraisals, appraisal reviews, parcel mitigation planning, property negotiations, title and escrow, relocation assistance, condemnation coordination, certification, scheduling, cost estimating, risk management, and project closeout. The project boasts 100% of right-of-way delivered on schedule with no delays to construction. The project involved minimal condemnation due to the high settlement rate.
Joey was part of a think tank that developed new processes which saved OCTA millions of dollars and accelerated the delivery process. Project Cost: $1.9 billion including $145 million in right-of-way capital costs.
MOUNT VERNON AVENUE BRIDGE REPLACEMENT PROJECT
San Bernardino County Transportation Commission | San Bernardino County, CA | 2018 - 2020 Joey was responsible for managing the right-of-way acquisition program and oversight of the day-to-day activities of the consultant team for the design-build bridge replacement project.
This included acquisition, relocation, title, appraisal, appraisal review, demolition, property management, right-of-way certification, eminent domain support, and construction oversight.
Joey was instrumental in the development of the design-build procurement documents, analysis of proposed ATC’s, preparation of cost estimates, federal funding authorization applications, and budget and schedule management. Built in 1934, the Mount Vernon bridge has been declared by Caltrans as structurally deficient and functionally obsolete and in desperate need of replacement. The project involves the demolition of the existing bridge and complete construction of a new bridge. The right-of-way associated with this project consisted of 32 full take acquisitions, 12 partial acquisitions and displacement of 45 residential homes. Project Cost: $250 million including $17 million of right-of-way capital costs.
STATE ROUTE 91 CORRIDOR IMPROVEMENT
Riverside County Transportation Commission | Riverside, CA | 2012 - 2017 Joey was responsible for planning, managing, and implementing a wide array of right-of- way activities during the environmental phase including strategic planning, cost estimating, and market trend analysis; risk identification and management; public outreach; design- build procurement process; corridor analysis, and early and advance acquisition. Joey fully implemented and oversaw the entire right-of-way process, policy development, and coordination with state and federal regulatory agencies. This high-profile, politically sensitive design-build project involved over 450 partial and full acquisitions with varying degree of difficulty, and approximately 250 residential and business relocations. This project widened approximately 16 miles of active highway through the urbanized area of Corona and the County of Riverside.
Project Cost: $1.3 billion including $250 million of right-of-way capital costs.
PROJECT EXPERIENCE
33 YEARS EXPERIENCE
COURSEWORK
Business Administration,
California State University,
Long Beach
EDUCATION
REAL ESTATE BROKER
State of California
CA#01144860
LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar
ACEC
American Council of
Engineering Companies
AFFILIATIONS
When he isn’t strategizing
about project delivery, Joey
can be found in his man cave
woodworking with his assistant,
his English bulldog. He likes to
build custom furniture and décor
pieces for his family. Joey is a
sports fanatic, avid golfer, and
world traveler
FUN FACT!
monumentrow.com
200 SPECTRUM CENTER | SUITE 300 | IRVINE, CA 92618
THANK YOU
FOR YOUR CONSIDERATION