Lease Number
Revenue Lease
construction of the Initial Improvements, as evidenced by issuance of Certificates of Occupancy for all buildings included in the Initial Improvements, on or before the four (4) year anniversary of the Commencement Date ("Guaranteed Construction Completion Date"). Following commencement of construction of the Initial Improvements, Tenant shall diligently continue performance of the Work through completion thereof in accordance with the Construction Schedule, a copy of which is attached hereto as Exhibit D, as same may be amended from time to time with the prior written approval of the Chief Real Estate Officer. The construction of the proposed facility will be delivered as a traditional public works design, bid, build project pursuant to the California Public Contract Code. Any compensable or non-compensable project time extensions provided to the contractor by the City shall be clearly documented pursuant to standard public project management procedures, and the contractor's master project schedule shall be updated and shared with the Chief Real Estate Officer throughout the course of construction.
Tenant acknowledges that a principal inducement to County to enter into this Lease, is the timely commencement, performance and completion by Tenant of the construction of the Initial Improvements. If Tenant fails to comply with its obligations under this Clause 17.1.3 including, without limitation, commencing and completing the Work of the Initial Improvements by the Guaranteed Construction Commencement Date and Guaranteed Construction Completion Date, respectively (as such dates may be changed pursuant to the provisions of this Lease), then such failure shall be deemed an Event of Default.
4. Preconditions. No Work for development of the Initial Improvements shall be commenced, and no building or other materials shall be delivered to the Premises, until Tenant has satisfied the following preconditions:
(a) If not previously obtained prior to Tenant's exercise of the Lease, Tenant shall have received all applicable entitlements and approvals for the project from the City and other applicable government agencies with jurisdiction over the Premises; (b) Written notice shall have been given by Tenant to County of the proposed commencement of construction of the Initial Improvements or the delivery of construction materials in order to permit County to take all necessary actions under California Civil Code section 3094, including posting of a notice of non -responsibility at the Premises; (c) Tenant shall have provided to County (i) evidence that Tenant has entered into architect and construction contracts in the forms approved by Chief Real Estate Officer prior to Commencement Date of this Lease and with a general contractor ("Contractor") and architect ("Architect") licensed by the State of California, and who is adequately insured for the purposes of performing under this Lease, and approved by Chief Real Estate Officer prior to the Commencement Date of this Lease, and (ii) the written agreement of the Contractor and Architect that, in the event this Lease is terminated for any reason, then at County's election, Architect and/or Contractor, as applicable, will recognize County as the assignee of the contracts with the Architect and/or Contractor, as applicable, and County may, upon such election, assume such contract with credit for payments made prior thereto;
(d) Tenant shall have secured the construction funding required under Clause
17.1.6 below, and provided County with evidence of assurance of construction completion in accordance with Clause 17.2 below; and
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Lease Number
Revenue Lease
(e) Tenant shall have delivered to County certificates of insurance evidencing that Tenant and Contractor have acquired all the insurance that they are obligated to carry pursuant to Clause 21.
5. Utilities. To the extent not already constructed, Tenant, at no cost to County, shall construct or cause to be constructed all water, gas, heat, light, power, air conditioning, telephone, and other utilities and services supplied to and/or used on the Premises at Tenant's sole cost and expense for the purposes of conducting Tenant operations thereon. All such utilities shall be separately metered from any utilities which may be used by County in conducting its operations, if any, on or about the Premises, and all taxes, connection fees, or service fees related to Tenant's operations on the Premises shall be Tenant's responsibility and shall be paid prior to the delinquency date. Tenant agrees to indemnify County against any liability for the late payment or non-payment of any such taxes, connection fees, or service fees. Nothing contained in this Clause is to be construed or implied to give Tenant the right or permission to install or to permit any utility poles or communication towers to be constructed or installed on the Premises.
Tenant shall be responsible for timely payment of all utilities, including water, gas, electricity, and sewer.
6. Construction Funding. Prior to commencement of construction of the Initial Improvements, Tenant shall provide to County evidence reasonably satisfactory to County of funding available to Tenant that is sufficient to pay for any and all hard and soft costs to be incurred by Tenant in connection with the design and construction of the Initial Improvements, as set forth in the Construction Budget, a copy of which is attached hereto as Exhibit E. Tenant may from time to time change any of the foregoing funding sources and the allocation thereof, so long as the aggregate available funding continues to be sufficient to pay for Tenant's estimated remaining cost of constructing the Initial Improvements, provided that Tenant shall promptly notify County of any such change.
7. Compliance with Laws and Permits. Tenant shall cause all Improvements made by Tenant to be constructed in compliance with all applicable Laws, including all applicable grading permits, building permits, and other permits and approvals issued by governmental agencies and bodies having jurisdiction over the construction thereof. No permit, approval, or consent given hereunder by County, in its governmental capacity, shall affect or limit Tenant's obligations hereunder, nor shall any approvals or consents given by County, as a party to this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations, or have any effect on approval rights that the County may have in its governmental capacity.
8. Reports. Not less than quarterly from the commencement of construction of the Initial Improvements, Tenant shall provide County with written construction status reports in the form of AIA No. G702, augmented by oral reports if so requested by County.
9. Certificate of Occupancy. Tenant shall provide County with a copy of the Certificate of Occupancy of the Initial Improvements promptly following issuance thereof.
10. Mechanic's Liens.
(a) Payment of Liens. Tenant shall pay or cause to be paid the total cost and expense of all "Work of Improvement," as that phrase is defined in the California Mechanics' Lien RI:10/6/2022
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Revenue Lease
law in effect and as amended from time to time. Tenant shall not suffer or permit to be enforced against the Premises or Improvements or any portion thereof, any mechanics', materialmen's, contractors' or subcontractors' liens arising from any work of improvement, however it may arise.
Tenant may, however, in good faith and at Tenant's sole cost and expense contest the validity of any such asserted lien, claim, or demand, provided Tenant (or the Contractor or subcontractor, as applicable) has furnished the release bond (if required by County or any construction lender) required in California Civil Code §3143 (or any comparable statute hereafter enacted for providing a bond freeing the Premises from the effect of such lien claim). In the event a lien or stop notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, Tenant shall either:
(1) Record a valid Release of Lien, or
(2) Procure and record a bond in accordance with Section 3143 of the Civil Code, which releases the Premises from the claim of the lien or stop notice and from any action brought to foreclose the lien, or
(3) Post such security or provide such alternative financial arrangements as shall be required by Tenant's title insurer to insure over such lien or stop -notice, or
(4) Should Tenant fail to accomplish either of the three optional actions above within 30 days after Tenant receives notice of the filing of such a lien or stop notice, it shall constitute an Event of Default hereunder.
(b) Indemnification. Tenant shall at all times indemnify, defend with counsel approved in writing by County and save County harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against such claims, including attorney fees and costs. (c) Protection against Liens. County shall have the right to post and maintain on the Premises any notices of non -responsibility provided for under applicable California law.
During the course of construction, Tenant shall obtain customary mechanics' lien waivers and releases. Upon completion of the construction of any Improvements, Tenant shall record a notice of completion in accordance with applicable law. Promptly after the Improvements have been completed, Tenant shall (or shall cause Contractor to) record a notice of completion as defined and provided for in California Civil Code Section 3093.
(d) County's Rights. If Tenant (or the Contractor or subcontractor, as applicable) does not cause to be recorded the bond described in California Civil Code §3143 or otherwise protect the Premises and Improvements under any alternative or successor statute, and a final judgment has been rendered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and if Tenant fails to stay the execution of judgment by lawful means or to pay the judgment, County shall have the right, but not the duty to pay or otherwise discharge, stay or prevent the execution of any such judgment or lien or both. Upon any such payment by County, Tenant shall immediately upon receipt of written request therefor by County, reimburse County for all sums paid by County under this paragraph together with all County's reasonable attorney's fees and costs, plus interest at the Interest Rate from the date of payment until the date of reimbursement.
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Revenue Lease
11. No Responsibility. Any approvals by County with respect to any Improvements shall not make County responsible for the Improvement with respect to which approval is given, or the construction thereof. Tenant shall indemnify, defend and hold County harmless from and against all liability and all claims of liability (including, without limitation, reasonable attorneys' fees and costs) arising during the term of this Lease for damage or injury to persons or property or for death of persons arising from or in connection with such Improvement or construction.
B. Tenant's Assurance of Construction Completion. Prior to commencement of construction of the Initial Improvements by Tenant, Tenant shall furnish to County evidence that assures County that sufficient monies will be available to complete construction of the Initial Improvements prior to the Guaranteed Construction Completion Date and in accordance with the Construction Budget. Tenant's failure to complete construction of the Initial Improvements by the Guaranteed Construction Completion Date shall be deemed an Event of Default under this Lease.
The amount of construction funds available to Tenant shall at least equal the budgeted hard and soft costs for the design and construction of the Initial Improvements as set forth in the Construction Budget. Such evidence may take one of the following forms:
1. A Completion or performance bond issued to County as obligee;
2. A Completion Guaranty, in form and substance acceptable to County, issued by a guarantor acceptable to County, and pursuant to which the guarantor thereunder will guarantee to County that construction of the Initial Improvements will be completed in accordance with the terms and conditions of this Lease;
3. Irrevocable letter of credit issued to County from a financial institution to be in effect until County acknowledges satisfactory completion of construction;
4. Cash deposited with the County (may be in the form of cashier's check or money order or may be electronically deposited); and
5. Any combination of the above.
All bonds and letters of credit must be issued by a company qualified to do business in the State of California and acceptable to Chief Real Estate Officer. All bonds and letters of credit shall be in a form acceptable to Chief Real Estate Officer and shall insure faithful and full observance and performance by Tenant of all terms, conditions, covenants, and agreements relating to the construction of improvements within the Premises.
Prior to commencement of construction of approved facilities, or any phase thereof, within the Premises by Tenant, Tenant shall furnish to County a performance bond and labor and material bond or performance bond in a principal sum equal to the total estimated construction cost supplied by Tenant's contractor or contractors, provided said bonds are issued jointly to Tenant and County as obligees.
Tenant shall provide or cause its general contractor to provide payment and/or performance bonds in connection with the construction of the Initial Improvements, and shall name County as an additional obligee on, with the right to enforce, any such bonds RI: 10/6/2022
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Revenue Lease
C. Ownership of Tenant Improvements.
1. During Term. Title to all Tenant Improvements constructed or placed on the Premises by Tenant and paid for by Tenant are and shall be vested in Tenant during the entire Term of this Lease, until the expiration or earlier termination thereof.
2. Upon Expiration of Term. All Tenant Improvements on the Premises at the expiration or earlier termination of the Term of this Lease shall, without additional payment to Tenant, then become County's property free and clear of all claims to or against them by Tenant and free and clear of any other liens and claims arising from Tenant's use and occupancy of the Premises, and with Taxes paid current as of the expiration or termination date. Tenant shall upon the expiration or earlier termination of the Term deliver possession of the Premises and the Improvements to County in a well -maintained condition consistent with the requirements of this Lease, taking into account reasonable wear and tear and the age of the Improvements. (a) County retains the right to require Tenant, at Tenant's cost, to remove, demolish and clear all Improvements located on the Premises at the expiration or termination hereof. Said removal shall include leveling the Premises, the removal of any underground obstructions, and the compaction of filled excavations to ninety percent (90%) compaction.
(b) In order to ensure that Tenant has sufficient funds reserved for such removal, demolition and clearing County may, at any time during the last ten (10) years of the Term, request an estimate showing the then estimated costs for the removal, demolition and clearing of the Improvements. Tenant shall, within sixty (60) days following receipt of such notice, provide County a report prepared by a construction and demolition expert reasonably acceptable by County that details and estimates the cost and required time period for the demolition and removal of the Improvements at the expiration of the Term (the "Demolition and Removal Report"). If Tenant thereafter elects to exercise its option to extend the Term pursuant to Clause 8, then Tenant shall, following receipt of written notice from County at any time during the Extension Term, cause the Demolition and Removal Report to be updated to reflect the extended Lease Term. Tenant shall deliver a copy of the updated Demolition and Removal Report to the County within sixty (60) days following receipt of such notice from the County. (c) Following County's receipt of such estimate, County may require Tenant to establish a separate account, in a bank or other financial establishment approved by Chief Real Estate Officer, for the deposit of funds to cover such estimated anticipated expense of demolition and clearing (the "Demolition Security"). The Demolition Security shall be maintained for the remaining duration of the Lease Term and expended solely for the demolition and clearing under this Clause. The Demolition Security shall also be explicitly available to the County for such removal in the event that Tenant does not comply with the terms of this Clause upon the time periods set forth herein. To the extent that Tenant does not comply with the terms of this Clause upon the time periods set forth herein and the County shall have the right to use the Demolition Security to pay the costs of demolition and removal and, to the extent that the amount of the Demolition Security exceeds the actual cost of such demolition and removal, the excess funds shall be delivered to Tenant within sixty (60) days after completion of such demolition and removal. Upon completion of all of Tenant's obligations under this Clause 17.3.2, the remaining balance of any Demolition Security (and to the extent not used by County pursuant this Clause) shall be returned to Tenant.
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Revenue Lease
D. "AS BUILT" Plans. Within sixty (60) days following completion of any substantial improvement within the Premises, Tenant shall furnish the Chief Real Estate Officer a complete set of reproducibles and two sets of prints of "As -Built" plans and a magnetic tape, disk or other storage device containing the "As -Built" plans in a form usable by County, to County's satisfaction, on County's computer aided mapping and design ("CAD") equipment. CAD files are also to be converted to Acrobat Reader (*.pdf format), which shall be included on the disk or CD ROM. In addition, Tenant shall furnish Chief Real Estate Officer copy of the final construction costs for the construction of such improvements.
18. OWNERSHIP OF IMPROVEMENTS (2.7 SR) — Intentionally Omitted
19. MECHANICS LIENS OR STOP -NOTICES (2.8 SR) — Intentionally Omitted
20. OPERATIONAL REQUIREMENTS OF TENANT (2.9 SR)
A. Quality and Service Standards. Tenant shall at all times manage, operate, and staff the Premises and Center, at Tenant's sole cost and expense, in a manner consistent with Clause 3 (USE) and consistent with the operations of other park center facilities in the area. The Parties agree that Tenant shall not use any Park facilities for the operation of the Center, without the prior written consent of the Director of OC Parks. The Parties have agreed, and the County's willingness to enter into this Lease is premised upon the fact that the Center will have all of its own amenities and services, including, but not limited to, utilities, parking and access.
B. Hours. Regular hours of operation for the Center shall be no earlier than 7:00 am and no later than 10:00 pm. All Tenant events held at the Premises or Center shall not commence prior to 7:00 am and shall end by 10:00 p.m., except with the prior written consent of the Director of OC Parks, which shall be requested at least ten (10) business days in advance and shall not be unreasonably withheld.
C. Standards of Operation. Tenant shall operate the Center in a manner similar to other comparable facilities in Southern California which offer similar services and amenities. Tenant shall, at its sole expense, take reasonable steps to provide security measures for the protection of persons and property within the Center. In addition, Tenant shall not impede or block any public trail or accessway within the Park at any time or for any reason.
D. Park Access. Center activities and operations shall not interfere with Park activities and operations, and Tenant shall design and construct the Center in such a way that all operations are separable from the Park, including, but not limited to, utilities, parking and access. The County shall retain rights of access through the Premises in order to conduct maintenance, patrol, operations, or public safety activities related to the Park. Tenant shall be able to fully secure the Premises from the rest of the Park, such that the Park can be closed to the public completely during Park non -operating hours; which may be accomplished through a combination of various methods, including, but not limited to fencing, landscaping, barriers, buildings, or other reasonable methods.
Any and all costs for securing the Premises shall be borne by the Tenant.
E. Protection of Environment. Tenant shall not permit:
1. Littering within the Premises.
2. Excessive noise emanating from the Premises.
3. Excessive light and glare from light fixtures within the Premises that could impact the safe operation of automobiles, watercraft and aircraft in the area.
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Revenue Lease
4. Discharge or runoff of pollutants, including petroleum products, waste and debris from any source on the Premises into the waters within or adjacent to the Premises or other activities that are harmful to water quality.
5. Tenant shall immediately report any spillage, leakage, or discharge of any toxic, hazardous or polluting materials to the proper authorities.
Failure by Tenant to comply with A, B and C of this Clause shall result in Tenant Default (as further defined in Clause 30 (DEFAULTS AND REMEDIES)) and County shall have the right to exercise any remedy available to it by virtue of such Tenant Default in addition to any County Remedies defined in Clause 30 (DEFAULTS AND REMEDIES).
F. On -Site Management.
1. Tenant shall employ and designate to County a competent manager ("Tenant Manager") who shall be responsible for the day-to-day operation and maintenance, cleanliness, and general order of the Premises. Tenant Manager shall be vested with the authority of Tenant with respect to the supervision over the operation and maintenance of the Premises, including the authority to enforce compliance by Tenant's agents, employees, subtenants, concessionaires, or licensees with the terms and conditions of this Lease and any and all rules and regulations adopted hereunder.
Tenant shall notify County in writing of the name of the manager currently so employed, as well as successor managers, in the manner as provided in the Clause 62 (NOTICES) below.
2. Tenant agrees to obey, abide by, and be in conformance with all applicable governmental codes, laws, rules and/or regulations, now or hereafter promulgated, concerning operations on the Premises.
G. Interior Improvements, Additions and Reconstruction of Improvements. Following completion of construction of the Initial Improvements, Tenant shall not commence construction of any work or series of works on the Improvements, other than routine maintenance and repairs, without the prior written approval of the Chief Real Estate Officer. Tenant shall provide the Chief Real Estate Officer with written notice of all such intended work, which notice shall include copies of (I) all required permits, (II) architectural, engineering and landscaping drawings for such work, (III) Tenant's contracts with its general contractor and architect for such work, (IV) Tenant's budget for such work, (V) the construction schedule for such work, and (VI) such other documentation and information regarding such intended work as the Chief Real Estate Officer may reasonably request. Notwithstanding the foregoing, following the completion of construction of the Initial Improvements, Tenant shall have the right from time to time, without the Chief Real Estate Officer's prior written consent, to perform the following alterations or renovations to the Improvements ("Permitted Alterations"): (i) to make any interior improvements to the Improvements required for tenant improvements to the extent same are consistent with the Permitted Uses; and (ii) following any damage to or destruction of the Improvements, to restore and reconstruct the Improvements (interior and exterior) in accordance with the Construction Drawings, a copy of which is attached hereto as Exhibit F. Tenant shall perform all work authorized by the Chief Real Estate Officer pursuant to this Clause at its sole cost and expense and in compliance with all applicable Laws in all material respects.
H. All Other Construction, Demolition, Alterations, Improvements and Reconstruction.
Following the completion of construction of the Initial Improvements, and except as specified in Clause 17.1 and Subsection E above, any construction, alterations, additions, repairs, maintenance, RI: 10/6/2022
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Revenue Lease
demolition, improvements or reconstruction of any kind shall require the prior written consent of the County, which consent shall not be unreasonably conditioned, delayed or withheld and may require Board of Supervisors approval. Tenant shall perform all work authorized by this Clause at its sole cost and expense and in compliance with all applicable Laws in all material respects.
21. INSURANCE (3.0 SR)
Tenant agrees to maintain a program of self-insurance or purchase commercial insurance and all required insurance at Tenant's expense and to deposit with the County certificates of insurance, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Lease have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with the County during the entire term of this Lease. Tenant shall deposit the Certificate of Insurance with CEO Real Estate, consistent with the Notice clause, through electronic correspondence on or before the Effective Date of this Lease and annually throughout the Term, as necessary to: [email protected] Tenant agrees that Tenant shall not operate on the Lease Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of Director of OC Parks. In no cases shall assurances by Tenant, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. Director of OC Parks will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. Tenant also agrees that upon cancellation, termination, or expiration of Tenant's insurance, County may take whatever steps are necessary to interrupt any operation from or on the Lease Area until such time as the County reinstates the Lease.
If Tenant fails to provide Director of OC Parks with a valid certificate of insurance and endorsements, or binder at any time during the term of the Lease, County and Tenant agree that this shall constitute a material breach of the Lease. Whether or not a notice of default has or has not been sent to Tenant, said material breach shall permit County to take whatever steps necessary to interrupt any operation from or on the Lease Area, and to prevent any persons, including, but not limited to, members of the general public, and Tenant's employees and agents, from entering the Lease Area until such time as Director of OC Parks is provided with adequate evidence of insurance required herein. Tenant further agrees to hold County harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from the County's action.
Tenant may occupy the Premises only upon providing to County the required insurance stated herein and maintain such insurance for the entire term of this Lease. County reserves the right to terminate this Lease at any time Tenant's insurance is canceled or terminated and not reinstated within ten (10) days of said cancellation or termination. Tenant shall pay County a fee of $750.00 for processing the reinstatement of the Lease. Tenant shall provide to County immediate notice of said insurance cancellation or termination.
All contractors performing work on behalf of Tenant pursuant to this Lease shall obtain insurance subject to the same terms and conditions as set forth herein for Tenant including policy endorsements. Tenant shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the County from the Tenant under this Lease. It is the obligation of the Tenant to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the Lease RI: 10/6/2022
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Lease Number
Revenue Lease
Area. Such proof of insurance must be maintained by Tenant through the entirety of this Lease and be available for inspection by a County representative at any reasonable time.
All self -insured retentions ("SIR(s)") shall be clearly stated on the Certificate of Insurance. Any SIR in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager, or designee, upon review of Tenant's current audited financial report.
If Tenant's SIR is approved, Tenant, in addition to, and without limitation of, any other indemnity provision(s) in this Lease, agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Tenant's, its agents, employee's or subcontractor's performance of this Lease, Tenant shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Tenant's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Tenant's SIR provision shall be interpreted as though the Tenant was an insurer and the County was the insured.
Qualified Insurer
County acknowledges that Tenant is a self -insured public entity. PARTIES agree that Tenant may satisfy its insurance requirements through a program of self-insurance or commercial insurance. County shall not be obligated to maintain any insurance for improvements installed by and which are the property of the Tenant. In the event Tenant discontinues its policy of self-insurance, Tenant agrees to procure and continue in force and effect insurance coverage for bodily injury and property damage liability and fire and extended coverage for vandalism and malicious mischief for the Tenants' fixtures, furniture and improvements. Tenant will provide coverage in equivalent amounts as set forth below through Tenant's public entity self-insurance program.
In the event that Tenant chooses not to self -insure to the full limits herein, Tenant's commercial Insurance policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).
It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of self insurance or commercial insurance maintained by the Tenant shall provide the minimum limits and coverage as set forth below:
Coverages
Minimum Limits
Commercial General Liability
Sexual Misconduct including
Abuse and Molestation
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
$2,000,000 aggregate
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Revenue Lease
Liquor Liability (if applicable)
Umbrella/Excess Liability with
Follow Form Coverage
$1,000,000 per occurrence
$2,000,000 aggregate
$25,000,000
Automobile Liability including coverage for
owned, non -owned and hired vehicles
$1,000,000 limit per occurrence
Workers' Compensation
Statutory Minimum
Employers' Liability Insurance
$1,000,000 per occurrence
Commercial Property Insurance on an "All Risk"
or "Special Causes of Loss" basis covering all
buildings, contents and any tenant improvements
including Business Interruption/Loss of Rents
with a 12 month limit
100% of the Replacement Cost Value
and no coinsurance provision
Contractor's Pollution Liability
$1,000,000 per claims made or per
occurrence
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange, its elected and appointed officials, officers, employees, agents as Additional Insureds. Blanket coverage may also be provided which will state- As Required By Written Agreement. 2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that the Tenant's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.
The Contactor's Pollution Liability policies shall contain the following endorsements, which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the County of Orange, and it's respective elected and appointed officials, officers, employees, and agents as Additional Insureds.
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2) A primary non-contributing endorsement evidencing that the Contractor's insurance is primary and any insurance or self-insurance maintained by County shall be excess and non- contributing.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees. Blanket coverage may also be provided which will state- As Required By Written Agreement.
All insurance policies required by this lease shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.
The Commercial Property policy shall contain a Loss Payee endorsement naming the County of Orange as respects the County's financial interest when applicable.
If Contractor's Pollution Liability is a claims -made policy, Contractor shall agree to maintain coverage for two (2) years following completion of contract The Commercial General Liability policy shall contain a severability of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the County address provided in the Clause 62 (NOTICES) below or to an address provided by Director of OC Parks. Tenant has ten (10) business days to provide adequate evidence of insurance or this Lease may be cancelled.
County expressly retains the right to require Tenant to increase or decrease insurance of any of the above insurance types throughout the term of this Lease. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Tenant in writing of changes in the insurance requirements. If Tenant does not deposit copies of acceptable certificates of insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Lease may be in breach without further notice to Tenant, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit Tenant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease, nor in any way to reduce the policy coverage and limits available from the insurer.
22. INDEMNIFICATION (3.1 SR)
A. Tenant's Indemnity. Tenant hereby agrees to indemnify, hold harmless, and defend County, its elected and appointed officials, officers, agents, employees, and those special districts and agencies which the Board of Supervisors acts as the governing board, with counsel approved in writing by County, which approval shall not be unreasonably withheld, conditioned or delayed, against any and all claims, loss, demands, damages, costs, expenses or liability arising out of the ownership, maintenance, or use of the Premises, except for liability arising out of the negligence or willful misconduct of County, its elected and appointed officials, officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom.
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In the event County is named as co-defendant, Tenant shall notify County of such fact and shall represent County, with counsel approved in writing by County, which approval shall not be unreasonably withheld, conditioned or delayed, in such legal action unless County undertakes to represent itself as co-defendant in such legal action, in which event Tenant shall pay to County its litigation costs, expenses and attorneys' fees. In the event judgment is entered against County and Tenant because of the concurrent negligence of County and Tenant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment.
B. County's Non -liability. County shall not be liable to Tenant and Tenant hereby waives all claims against County, its employees and agents for loss of or damage to any property, or any injury to any person, resulting from acts or omissions (criminal or otherwise) of third parties, or their agents, employees or invitees, fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak or flow from or into any part of the Premises or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Premises, regardless of the negligence of County, its agents or any and all affiliates of County in connection with the foregoing. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Premises.
Should Tenant elect to receive any service from a concessionaire, licensee or third -party tenant of County, Tenant shall not seek recourse against County for any breach or liability of that service provider. Notwithstanding anything to the contrary contained in this Lease, in no event shall County be liable for Tenant's loss or interruption of business or income (including without limitation, Tenant's consequential damages, lost profits or opportunity costs), or for interference with light or other similar intangible interests. Tenant shall immediately notify County in case of fire or accident in the Premises and of defects in any improvements or equipment within the Premises.
C. Waiver of Subrogation. County and Tenant each hereby waives all rights of recovery against the other on account of loss and damage occasioned to the Premises of such waiving Party to the extent that the waiving Party is entitled to proceeds for such loss and damage under any property insurance policies carried or otherwise required to be carried by this Lease; provided however, that the foregoing waiver shall not apply to the extent of Tenant's obligation to pay deductibles under any such policies and this Lease. By this waiver it is the intent of the Parties that neither County nor Tenant shall be liable to any insurance company (by way of subrogation or otherwise) insuring the other Party for any loss or damage insured against under any property insurance policies, even though such loss or damage might be occasioned by the negligence of such Party, its agents, employees, contractors or invitees.
Tenant acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Tenant, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this paragraph.
23. HAZARDOUS MATERIALS (3.2 SR)
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Revenue Lease
A. Definition of Hazardous Materials. For purposes of this Lease, the term "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste which is or shall become regulated by any governmental entity, including, without limitation, County, acting in its governmental capacity, the State of California or the United States government.
B. Use of Hazardous Materials. Tenant or Tenant's employees, agents, independent contractors or invitees (collectively "Tenant Parties") shall not cause or authorize any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the Premises (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, Tenant and Tenant Parties may keep on or about the Premises small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Premises. Said permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided by law.
C. Tenant Obligations. If the presence of any Hazardous Materials on, under or about the Premises caused or authorized by Tenant or Tenant Parties results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a portion thereof), or (iii) injury to or contamination or any real or personal property wherever situated, Tenant, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Premises to the condition existing prior to the introduction of such Hazardous Materials to the Premises and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of County under this Lease, Tenant shall pay the cost of any such cleanup or remedial work performed on, under, or about the Premises as required by this Lease or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or authorized by Tenant or Tenant Parties to be introduced on, under or about the Premises. Notwithstanding the foregoing, Tenant shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Premises caused or authorized by Tenant or Tenant Parties, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi, -governmental entity without first obtaining the prior written consent of the Director, which consent shall not be unreasonably withheld, conditioned or delayed. All work performed or caused to be performed by Tenant as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by Director, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have no obligation to indemnify the County or any other party in connection with any Claim arising from Hazardous Materials on or under the Premises prior to the commencement of the term of the Lease.
24. BEST MANAGEMENT PRACTICES (3.3 SR)
A. Tenant shall conduct operations under this Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact Receiving Waters (as used herein, "Receiving Waters" include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).
B. The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System ("NPDES") permits ("Stormwater Permits") to the RI: 10/6/2022
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County, and to the Orange County Flood Control District and cities within Orange County, as co- permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County, including the Premises leased under this Lease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System.
C. To assure compliance with the Stormwater Permits and water quality ordinances, the County have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices ("BMP(s)") , and which may change from time to time, that tenants using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost-effective manner. These BMPs are found within County's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff.
D. BMP Fact Sheets that apply to uses authorized under this Lease include the BMP Fact Sheets on OCPW/OC Environmental Resources website found at:
https://ocerws . ocpublicworks. com/service-areas/oc-environmental-resources/oc- watersheds/documents/best-management-practices-bmp. These BMP Fact Sheets may be modified during the term of the Lease; and County shall provide Tenant with any such modified BMP Fact Sheets. Tenant, its subtenants, agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this Lease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Lease commences or as the Stormwater Permits may be modified. Tenant agrees to maintain current copies of the BMP Fact Sheets on the Premises throughout the term of this Lease. The BMPs applicable to uses authorized under this Lease must be performed as described within all applicable BMP Fact Sheets.
E. Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County for review and approval prior to implementation.
F. County may enter the Premises and/or review Tenant's records at any time to assure that activities conducted on the Premises comply with the requirements of this clause. Tenant may be required to implement a self -evaluation program to demonstrate compliance with the requirements of this clause.
G. Among other requirements, the industrial NPDES permit requires periodic stormwater inspections by the State and/or County OC Watersheds staff to ensure facility compliance, which may include annual inspections of the Premises, with follow up inspections as a result of observed violations requiring corrective actions.
H. Dependent upon the reuse of the Premises, the Premises shall have a clarifier drain that captures low flow runoff from throughout the site, which ensures all flows are properly drained without any unacceptable runoff. Tenant shall conduct their work throughout the site and any resultant low flow discharges shall work their way to the clarifier. In regard to Tenant Improvements, Tenant RI: 10/6/2022
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shall designate operational zones minimally affected by storm flows that allow drainage to the clarifier, and the non -operational portions of the site are to have normal storm discharges going through the storm drain system. As the site undergoes a new NPDES Industrial Permit application process, these conditions may get re-examined.
I. The BMP's shall stipulate the process for the Tenant to take corrective actions, and state the consequences of non-compliance or County options under the Lease to self -remedy the matter.
The Santa Ana and San Diego Regional Water Quality Control Boards have established penalties/consequences for non-compliance and those are to be included in this Lease. County to have the option to terminate the Lease if the Tenant does not correct a non-compliance situation in a timely manner and that the security deposit reflects this circumstance.
J. Environmental Indemnification language may be added or amended from time to time.
K. Work activities are to be conducted in a controlled area where pollutants shall be contained and any heavy metals detected at significantly higher levels than the benchmarks set by the Regional Board shall be addressed. All applicable BMPs are to be properly implemented, including any and all future modifications, updates, or replacement BMPs that may be issued from time to time, shall be used by Tenant.
L. Site modifications, such as distinctly designated work areas with controls to prevent pollutants from escaping and wastewater drain, will be required to be segregated from stormwater drain.
M. In the event Tenant fails to comply with all applicable BMPs, County, in addition to any and all remedies available in Clause 30 (DEFAULTS AND REMEDIES), shall have the right to self- help remedies or terminate the Lease as follows:
1. Terminate the Lease due to non-compliance with the BMPs incorporated in the Lease and as BMPs may change from time to time, or;
2 Remedy a non-compliance situation with a chargeback to the Tenant for the cost. The details regarding notification, timeline, and procedure are to be drafted and mutually agreed upon by both Parties to ensure all water quality issues are addressed within the Lease. In the event the Tenant's BMP implementation is lacking or if the Tenant allows a prohibitive discharge to occur, then the Regional Board will only take enforcement action against County. Therefore, this Lease must establish a BMP compliance partnership with the Tenant and the Lease must ensure the protection of water quality is inherent in the Tenant's day-to-day operations.
25. BUILDING AND SAFETY REQUIREMENTS (3.4 SR)
During the Term and any Extension Term(s) of this Lease, Tenant, at Tenant's sole cost, agrees to maintain the Premises in compliance with all applicable laws, rules, regulations, building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended, including but not limited to the California Building Code, Title 24, Seismic Code, Fire and Life Safety requirements and, if applicable, California Green Building Standard Code.
Included in this provision is compliance with the Americans with Disabilities Act ("ADA") and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are RI: 10/6/2022
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applicable on the dates of this Lease, and as they may be subsequently amended and all regulations issued by the U. S. Attorney General or other agencies under the authorization of the ADA.
However, Tenant shall not be responsible for any ADA violations resulting from alterations made by County or the placement of fixtures or equipment by County.
Tenant shall use commercially reasonable efforts to repair and maintain the Premises as a "safe place of employment," as defined in the California Occupational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400) and the Federal Occupational Safety and Health Act, where the provisions of such Act exceed, or supersede, the California Act, as the provisions of such Act are applicable on the date of this Lease, and as they may be subsequently amended. County agrees to notify Tenant of any repair or maintenance necessary within the Premises or Center to comply with such Act and Tenant agrees to diligently act to repair or maintain appropriately.
In the event Tenant neglects, fails, or refuses to maintain said Premises as aforesaid, following thirty (30) days after written notice from County to Tenant providing notice of such neglect, failure or refusal, County may, notwithstanding any other termination provisions contained herein:
A. Thirty (30) days following a second written notice of such neglect or failure or refusal, County may terminate this Lease with written notice to the Tenant; or B. At County's sole option, cure any such Tenant Default by performance of any act, including payment of money, and add the cost thereof plus reasonable administrative costs (ten percent (10%)) to the Rent, if applicable.
Tenant agrees to reimburse and indemnify, and defend County for any expenses incurred because of the failure of the Premises to conform with any and all applicable laws, rules, regulations, building codes, statutes, and orders, including the costs of making any alterations, renovations, or accommodations required by the ADA, or any governmental enforcement agency, or any court, any and all fines, civil penalties, and damages awarded against County resulting from a violation or violations of the above -cited laws, rules, regulations, building codes, statutes, and orders and regulations, and all reasonable legal expenses incurred in defending claims made under the above - referenced laws, rules, regulations, building codes, statutes, and orders, including reasonable attorneys' fees. Should Tenant fail to comply with the provisions of this Clause 25 Tenant may be found in Tenant Default and the County may exercise those remedies set forth in Clause 30 (DEFAULTS AND REMEDIES).
26. DAMAGE TO OR DESTRUCTION OF PREMISES AND/OR TENANT
IMPROVEMENTS (3.5 N)
A. Premises. In the event the whole or any part of the Tenant Improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by Tenant, at any time during the Term, Tenant shall (except as provided in Clause 26.B below) with all due diligence, at Tenant's sole cost and expense, repair, restore and rebuild the Tenant Improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage, with any changes made by Tenant to comply with then applicable laws and with any upgrades or improvements that Tenant may determine in its reasonable discretion. If Tenant desires to change the use of the Premises following such casualty, then Tenant may make appropriate changes to the RI: 10/6/2022
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Premises to accommodate such changed use after approval of such change of use by the County pursuant to Clause 3 (USE) above.
B. Damage During Last 10 Years. If the Tenant Improvements are destroyed or damaged during the last ten (10) years of the Term, and provided further that the extent of such damage or destruction is twenty percent (20%) or more of the replacement value of the Tenant Improvements immediately prior to the occurrence of such damage or destruction, then Tenant may cancel this Lease by giving written notice of its election to do so to County within sixty (60) days after such damage or destruction, in which event Tenant need not restore or rebuild the Tenant Improvements provided Tenant complies with all the following conditions: (i) Tenant pays all Rent due hereunder through the date of termination of this Lease, (ii) Tenant delivers possession of the Premises to County and quitclaims by deed or such other instruments as County's title insurer may require, all right, title and interest in the Premises and remaining Tenant Improvements if, and promptly after, ceasing to do business on the Premises; (iii) Tenant causes to be discharged all liens and claims arising from Tenant's use and occupancy of the Premises, and with Taxes paid current as of the expiration or termination date; and (iv) Tenant razes and removes the damaged Tenant Improvements and any other Tenant Improvements designated by the County for removal and delivers the Land to County in the same condition pre -Improvements, provided that County may elect by written notice to Tenant to instead have Tenant deliver the Tenant Improvements to County in their then existing damaged condition.
C. Restoration. In the event of any restoration or reconstruction pursuant to this Clause, all such work performed by Tenant shall be constructed in a good and workmanlike manner according to and in conformance with the laws, rules and regulations of all governmental bodies and agencies and the requirements of this Lease applicable to the construction of the Tenant Improvements.
D. Application of Insurance Proceeds. If following the occurrence of damage or destruction to the Premises or Tenant Improvements, Tenant is obligated to or otherwise elects to restore the Premises and Tenant Improvements pursuant to this Clause 26, then all proceeds from the insurance required to be maintained by Tenant on the Premises and the Tenant Improvements shall be applied to fully restore the same, and any excess proceeds shall be paid to Tenant and any deficit in necessary funds plus the amount of any deductible shall be paid by Tenant. If the insurance proceeds shall be insufficient to pay all costs to fully restore the Tenant Improvements, Tenant shall pay the deficiency and shall nevertheless proceed to complete the restoration of the Tenant Improvements and pay the cost thereof. Upon lien free completion of the restoration, any balance of the insurance proceeds remaining over and above the cost of such restoration shall be paid to Tenant .
27. ASSIGNMENT AND SUBLETTING (3.6 SR)
Subject to prior review and approval by County, which approval shall not be unreasonably withheld, conditioned or delayed, Tenant may allow for the rental, licensing, permitting, or subletting, etc. of the Premises when doing so results in providing for the uses permitted in Clause 3 (USE) above. Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, license, permit, or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of Tenant's interest in the Premises, or any part or portion thereof without the prior written approval of County is prohibited. All Encumbrances are subject to County's review and approval, including those Encumbrances that result in providing for the uses permitted in Clause 3 (USE) above.
County approval is subject to negotiation by the Parties and may result in additional charges for Rent and/or Additional Rent as those terms are defined and used in Clause 9 (RENT) and/or Clause 10 (RENT ADJUSTMENT), above. County may reasonably withhold such approval.
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Should County consent to any Encumbrance, such consent shall not constitute a waiver of any of the terms, covenants, or conditions of this Lease or be construed as County's consent to any further Encumbrance. Such terms, covenants or conditions shall apply to each and every Encumbrance hereunder and shall be severally binding upon each and every party thereto. Any document to mortgage, pledge, hypothecate, encumber, transfer, sublet, or assign the Premises or any part thereof shall not be inconsistent with the provisions of this Lease and in the event of any such inconsistency, the provisions of this Lease shall control.
Tenant may, with prior notice, engage the services of a professional management company and such employment shall not be construed to be an assignment or transfer of the Lease. Any license, sublease, permit, etc. issued by Tenant shall be consistent with and subject to the terms and conditions of this Lease and shall be subject to review and approval by the County, whose approval shall not be unreasonably withheld. Each license, sublease, permit, etc. issued by Tenant shall require adequate insurance, as determined by the County, with the County of Orange named as additional insured, and shall indemnify the County of Orange, its elected officials, agents, officers, and employees.
28. TAXABLE POSSESSORY INTEREST ASSESSMENTS (3.7 SR)
Should this Lease create any possessory interest, which is subject to the payment of taxes levied on such interest, it is understood and agreed that all assessments associated with said taxable possessory interest shall be the full responsibility of the Tenant, and Tenant shall cause said assessments to be paid promptly.
29. ESTOPPEL CERTIFICATE (3.8 SR) — Intentionally Omitted
30. DEFAULTS AND REMEDIES (3.9 SR)
A. Tenant Default: Tenant shall be deemed in default of this Lease if: a) in the event of any monetary breach of this Lease by Tenant, County shall notify Tenant in writing of such breach, and Tenant shall have three (3) days from such notice in which to cure said breach or b) in the event of any non -monetary breach of this Lease, Tenant fails within twenty (20) days after receipt by Tenant of written notice specifying wherein such obligation of Tenant has not been performed; provided however, that if the nature of Tenant's obligation is such that more than twenty (20) days after such notice are reasonably required for its performance, then Tenant shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such twenty (20) day period, or such additional time as agreed to by the Parties, and thereafter diligently pursued to completion (each, a "Tenant Default").
B. County Default: County shall be deemed in breach of this Lease if: a) in the event of any monetary breach of this Lease by County, Tenant shall notify County in writing of such breach, and County shall have ten (10) days from such notice in which to cure said breach or b) in the event of any non -monetary breach of this Lease, County fails within thirty (30) days after receipt by County of written notice specifying wherein such obligation of County has not been performed; provided however, that if the nature of County's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then County shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such thirty (30) day period and thereafter diligently pursued to completion (each, a "County Default").
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C. Tenant Remedies: Tenant's sole remedy for a County Default shall be against the County's interest in the Premises (including, without limitation, proceeds from the sale of the Premises, condemnation awards to which County is entitled under the terms of the Lease and proceeds from insurance policies that County maintains under the Lease) and includes only the right to damages and/or injunctive relief (collectively, "Tenant Remedies"), and in no event shall Tenant have the right to terminate this Lease or to rent abatement hereunder.
D. County Remedies: If the Tenant Default is a result of a monetary breach by Tenant in the payment of the Rent or Additional Rent, if any such amounts are due at that time, County may, at the County's sole discretion, a) declare all Rent payments to the end of Tenant's current fiscal year to be due, including any delinquent rent from prior budget years or b) terminate the Lease.
County's remedies as the result of Tenant Default for monetary or non -monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity. No delay or omission of County to exercise any right or remedy shall be construed as a waiver of such right or remedy or of any Tenant Default hereunder.
31. LABOR CODE COMPLIANCE (4.0 SR)
Tenant acknowledges and agrees that any and all improvements or modifications required to be performed by Tenant at the request of County shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.), as applicable. These provisions may be applicable to improvements or modifications costing more than $1,000, unless an exception applies, including but not limited to the exception to the definition of public works under § 1720.2.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange County Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this Lease for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications from the Director of the State Department of Industrial Relations. Copies of said prevailing wage rates may be obtained from the State of California, Department of Industrial Relations or Chief Real Estate Officer.
Tenant hereby agrees to pay or cause its contractors and/or subcontractors to pay said prevailing wage rates at all times for all improvements or modifications to be completed for Tenant within the Premises, and Tenant herein agrees that Tenant shall post, or cause to be posted, a copy of the most current, applicable prevailing wage rates at the site where the improvements or modifications are performed.
Prior to commencement of any improvements or modifications, upon request Tenant shall provide Director of OC Parks with the applicable records for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker.
If Tenant fails to comply with this clause, such occurrence may constitute an event of default of this Lease and County may, notwithstanding any other termination provisions contained herein:
A. Terminate this Lease upon written notice to Tenant; or RI: 10/6/2022
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B. At County's sole option, County may deduct from Tenant's Security Deposit, as a penalty for such non-compliance of paying prevailing wage, which Security Deposit deduction would be County's estimate, in its sole discretion, of such prevailing wage rates not paid by Tenant.
Except as expressly set forth in this Lease, nothing herein is intended to grant authority for Tenant to perform improvements or modifications on space currently leased by County or for which County has entered into a lease or lease amendment.
32. RIGHT TO WORK AND MINIMUM WAGE LAWS (4.1 SR)
In accordance with the United States Immigration Reform and Control Act of 1986, Tenant shall require its employees that directly or indirectly service the Premises or terms and conditions of this Lease, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. Tenant shall also require and verify that its contractors or any other persons servicing the Premises or terms and conditions of this Lease, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States.
Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, Tenant shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the Premises, in any manner whatsoever. Tenant shall require and verify that all its contractors or other persons servicing the Premises on behalf of the Tenant also pay their employees no less than the greater of the Federal or California Minimum Wage.
Tenant shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the Premises or terms and conditions of this Lease.
Notwithstanding the minimum wage requirements provided for in this clause, Tenant, where applicable, shall comply with the prevailing wage and related requirements, as provided for in Clause 31 (LABOR CODE COMPLIANCE) of this Lease.
33. SIGNAGE (4.2 SR)
Subject to prior review and approval by County, Tenant may install and maintain signs or displays on the Premises. Such signage must comply with all applicable laws and zoning and site plan requirements. Unapproved signs, awnings, banners, flags, etc., may be removed by County without prior notice to Tenant.
34. AUTHORITY (4.3 SR)
The persons executing this Lease on behalf of County or Tenant warrant that they have the power and authority to bind County or Tenant to this Lease.
35. LEASE ORGANIZATION (4.4 SR)
The various headings in this Lease, the numbers thereof, and the organization of the Lease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise.
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36. SUCCESSORS IN INTEREST (4.5 SR)
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the Parties hereto, all of whom shall be jointly and severally liable hereunder.
37. AMENDMENTS (4.6 SR)
This Lease sets forth the entire agreement between Tenant and County and any modification must be in the form of a written amendment.
38. PARTIAL INVALIDITY (4.7 SR)
If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
39. WAIVER OF RIGHTS (4.8 SR)
The failure of Tenant or County to insist upon strict performance of any of the terms, conditions, and covenants in this Lease shall not be deemed a waiver of any right or remedy that Tenant or County may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained. Any waiver, in order to be effective, must be signed by the Party whose right or remedy is being waived.
40. HOLDING OVER (N)
In the event Tenant shall continue in possession of the Premises after the Term of this Lease, Tenant shall become a Tenant as sufferance only, at a monthly rental rate of ten thousand dollars ($10,000.00), increased annually commencing with commencement of the hold over period by an amount equal to the greater of (i) three percent (3%) for each year of the Term, or (ii) a percentage equal to the percentage increase from the Base Period of the Consumer Price Index ("CPI') for Los Angeles- Riverside -Orange County [All Urban Consumers -All Items, not seasonally adjusted (Base Period 1982-84=100)]. Said CPI for the month of December for the second year of the Term shall be considered the "Base Period." Said adjustment shall be made by comparing the CPI for the Base Period to the CPI for the month of December immediately preceding each such adjustment. If at any time there shall not exist the CPI, County shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence, and shall be most nearly equivalent thereto. If Tenant fails to surrender the Premises and the Tenant Improvements as stated herein, and County shall take legal action to cause Tenant's eviction from the Premises and is successful in such action, Tenant shall be responsible for all costs and expenses, including reasonable attorney's fees and costs, incurred by County in connection with such eviction action; Tenant shall also indemnify and hold County harmless from all loss or liability or reasonable attorney's fees and costs, including any claim made by any succeeding tenant, incurred by County founded on or resulting from such failure to surrender.
41. EARTHQUAKE SAFETY (5.0 SR)
Tenant accepts the Premises "as is" and "where is" and County offers no warranties or RI: 10/6/2022
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representations whatsoever that the Premises is or has been in compliance with applicable seismic safety regulations and building codes at the time of construction. All such seismic, safety and building regulation compliance is the responsibility of the Tenant.
42. QUIET ENJOYMENT (5.1 SR)
County agrees that, subject to the terms, covenants and conditions of this Lease, Tenant may, upon observing and complying with all terms, covenants and conditions of this Lease, peaceably and quietly occupy the Premises.
43. GOVERNING LAW AND VENUE (5.2 SR)
This Lease has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Lease, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.
44. ATTORNEYS' FEES (5.3 SA)
In the event of a dispute between Tenant and County concerning claims arising out of this Lease, or in any action or proceeding brought to enforce or interpret any provision of this Lease or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs.
45. TIME OF ESSENCE (5.4 SR)
Time is of the essence of this Lease. Failure to comply with any time requirements of this Lease shall constitute a material breach of this Lease.
46. INSPECTION OF PREMISES BY A CERTIFIED ACCESS SPECIALIST (5.5 SR) A Certified Access Specialist ("CASp") can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction -related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The Parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the Premises.
Pursuant to California Civil Code 1938, County hereby represents that the Premises has not undergone an inspection by a certified access specialist and no representations are made with respect to compliance with accessibility standards. If it is determined during this tenancy that a violation of handicapped access laws (including the Americans with Disabilities Act) exists at the Premises, Tenant shall correct such non-compliance at Tenant's cost.
47. FORCE MAJEURE (5.6 SR)
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Lease Number
Revenue Lease
For purposes of this Lease, the term "Force Majeure" means any of the following events which are beyond the control of either Party: act of God, unavailability of equipment or materials (but only if such equipment and materials were ordered in a timely fashion), enemy or terrorist act, act of war, riot or civil commotion, strike, lockout or other labor disturbance, fire, earthquake, explosion, governmental delays (including nonstandard delays in issuance of any permit or other necessary governmental approval or the scheduling of any inspections or tests), nonstandard delays by third party utility providers, or any other matter of any kind or character beyond the reasonable control of the Party delayed or failing to perform under this Lease despite such Parry's best efforts to fulfill the obligation. "Best Efforts" includes anticipating any potential force majeure event and addressing the effects of any such event (a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting delay to the greatest extent possible. Force Majeure shall not include inability to obtain financing or other lack of funds. Tenant and County shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control.
48. CONDEMNATION (5.7 SR)
If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively, "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If all or a material portion of the useable area of the Premises are taken by Condemnation, Tenant may, at Tenant's option, to be exercised in writing within ten (10) days after County shall have given Tenant written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. County shall also have the right to terminate this Lease if there is a taking by Condemnation of any portion of the building or property which would have a material adverse effect on the ability to reasonably operate the remainder of the building. If neither Party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining.
Condemnation awards and/or payments in regard to the County's fee interest in the leasehold premises shall be the property of County, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken or for severance damages. Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure, or any similar or successor Laws unless such award is specifically related to the improvements constructed by the Tenant on the Premises.
49. CONSENT OR APPROVAL (5.8 SR)
Unless expressly stated otherwise, where the consent or approval of a Party is required, such consent or approval will not be unreasonably withheld, conditioned or delayed.
50. UNENFORCEABLE PROVISIONS (5.9 SR)
If any paragraph or clause hereof shall be determined illegal, invalid or unenforceable, it is the express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby, and it is also the express intentions of the Parties hereto that in lieu of each paragraph or clause of this Lease which may be determined to be illegal, invalid or unenforceable, there may be added as a part of this Lease a paragraph or clause as similar in terms to such illegal or invalid or unenforceable paragraph or clause as may be possible and may be legal, valid and enforceable.
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Lease Number
Revenue Lease
51. CONTROL OF HOURS, PROCEDURES, AND PRICES (6.0 SR) - Intentionally Omitted
52. LIMITATION OF THE LEASEHOLD (6.1 SR)
This Lease and the rights and privileges granted Tenant in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance to Tenant of rights in the Premises which exceed those owned by County, or any representation or warranty, either express or implied, relating to the nature or condition of the Premises or County's interest therein. Tenant has accepted the Premises in its "as is" / "where is" condition.
53. PERMITS AND LICENSES (6.2 SR)
Tenant shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the operation of the Premises as set out herein. No permit, approval, or consent given hereunder by County, in its governmental capacity, shall affect or limit Tenant's obligations hereunder, nor shall any approvals or consents given by County, as a party to this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations.
54. PAYMENT CARD COMPLIANCE (6.3 SR) - Intentionally Omitted
55. NONDISCRIMINATION (6.4 SR)
Tenant agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Lease. Tenant shall make its accommodations and services available to the public on fair and reasonable terms.
56. CONDITION OF PREMISES UPON TERMINATION (6.5 SR) - Intentionally Omitted
57. DISPOSITION OF ABANDONED PERSONAL PROPERTY (6.6 SR) If Tenant abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to and left on the Premises fifteen (15) days after such event shall, at County's option, be deemed to have been transferred to County. County shall have the right to remove and to dispose of such property without liability therefor to Tenant or to any person claiming under Tenant, and shall have no need to account therefor.
58. QUITCLAIM OF TENANT'S INTEREST UPON TERMINATION (6.7 SR) Upon termination of this Lease for any reason, including but not limited to termination because of Tenant Default, Tenant shall execute, acknowledge, and deliver to County, within thirty (30) days after receipt of written demand therefor, a good and sufficient deed whereby all right, title, and interest of Tenant in the Premises is quitclaimed to County. Should Tenant fail or refuse to deliver the required deed to County, County may prepare and record a notice reciting the failure of Tenant to execute, acknowledge, and deliver such deed and said notice shall be conclusive evidence of the termination of this Lease and of all rights of Tenant or those claiming under Tenant in and to the Premises.
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OC Parks — Tri-City Park Senior/Community Center
Lease Number
Revenue Lease
59. PUBLIC RECORDS (6.8 SR)
Any and all written information submitted to and/or obtained by County from Tenant or any other person or entity having to do with or related to this Lease and/or the Premises, either pursuant to this Lease or otherwise, at the option of County, may be treated as a public record open to inspection by the public pursuant to the California Records Act (Government Code Section 6250, et seq.) as now in force or hereafter amended, or any Act in substitution thereof, or otherwise made available to the public and Tenant hereby waives, for itself, its agents, employees, subtenants, and any person claiming by, through or under Tenant, any right or claim that any such information is not a public record or that the same is a trade secret or confidential information and hereby agrees to indemnify and hold County harmless from any and all claims, demands, liabilities, and/or obligations arising out of or resulting from a claim by Tenant or any third party that such information is a trade secret, or confidential, or not subject to inspection by the public, including without limitation reasonable attorneys' fees and costs.
60. RELATIONSHIP OF PARTIES (6.9 SR)
The relationship of the Parties hereto is that of lessor and Tenant, and it is expressly understood and agreed that County does not in any way or for any purpose become a partner of or a joint venturer with Tenant in the conduct of Tenant's business or otherwise, and the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method by which rental payments are to be measured and ascertained.
61. NO BROKERS USED (7.0 SR)
Neither Party has employed any broker or finder or incurred any liability for any brokerage fee, commission, finder's fee, or reimbursement expenses in connection with the transactions contemplated by this Lease.
62. NOTICES (7.1 SR)
All written notices pursuant to this Lease shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed received upon personal delivery, delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail.
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Lease Number
Revenue Lease
To: Tenant
To: County
City of Placentia
City Administrator/City Clerk
401 E. Chapman Avenue
Placentia, CA 92870
County of Orange
OC Parks
13042 Old Myford Road
Irvine, CA 92602
Attn: Director
With a copy to:
County Executive Office Real Estate
400 West Civic Center Dr., 5th Floor
Santa Ana, CA 92701
Attention: Chief Real Estate Officer
In regards to insurance, Tenant shall ensure that any and all insurance related mail includes the Lease number and project name and Tenant shall mail all insurance certificates and insurance related correspondence to: [email protected].
63. SURVEY AND RELATED COST (N)
County shall perform a field survey to establish Premise boundaries. OCPW/OC Survey will provide cost of such survey which will include a legal description and plot map of the Premises.
Said cost is approximately twenty thousand dollars ($20,000.00) shall be paid by the Tenant.
Upon Tenant written request, CEO Real Estate will obtain a written estimate from OCPW/OC Survey for exact survey cost.
64. FUTURE COST (N)
Under no circumstance shall this transaction incur any current or future costs to the County or OC Parks. Should the Tenant terminate this Lease or vacate the Premises for whatever reason, the Tenant, at its sole cost and expense, shall return the Premises, at County's sole discretion, in its original condition prior to any construction.
65. OPTION TO PURCHASE (N)
At any time during the Term of this Lease, Tenant shall have the optional right to purchase the Park from the County for one dollar ($1.00), for continuing use as a City park, in the Tenant's sole discretion.
66. ATTACHMENTS TO LEASE (7.2 SR)
This Lease includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A — Description of Premises
Exhibit B — Depiction of Premises
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Lease Number
Revenue Lease
Exhibit C - Initial Improvements
Exhibit D - Construction Schedule
Exhibit E - Construction Budget
Exhibit F - Construction Drawings
Exhibit G - Specifications
Exhibit H — Board Resolution
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Lease Number
Revenue Lease
IN WITNESS WHEREOF, the Parties have executed this Lease the day and year first above written.
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Deputy
TENANT
CITY OF PLACENTIA
a municipal corporation
By:
Damien R. Arrula
City Administrator
Date:
By:
Robert S. McKinnell
City Clerk
Date:
COUNTY
COUNTY OF ORANGE
Thomas A. Miller, Chief Real Estate Officer,
Orange County, California, pursuant to Minute Order
dated
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OC Parks — Tri-City Park Senior/Community Center
Lease Number
Revenue Lease
EXHIBIT A
DESCRIPTION OF PREMISES
PROJECT NO:
PROJECT:
DATE:
VERIFIED BY:
All the Premises shown crosshatched on a plot plan marked Exhibit B, attached hereto and made a part hereof, being.
NOT TO BE RECORDED
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Lease Number
Revenue Lease
EXHIBIT B
DEPICTION OF PREMISES
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OC Parks — Tri-City Park Senior/Community Center Revenue Lease
PLACENTIA COMMUNITY/SENIOR CENTER CONCEPT PLAN
II ir
iv! I New Placentia Community/Senior Center Concept Plan • Site Area:
• Building Area: -30,000sf
• Parking: -200 spaces
b
t
-2.25 Acres (--98,000sf)
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'pry
laa 46!
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EXHIBIT C
INITIAL IMPROVEMENTS
The Project envisioned, as of the Effective Date of this Lease, entails the construction of an approximate 30,000 square foot public facility to be used as a Senior and Community Center as well as host special events. City has contracted with architectural firm to prepare a 35% preliminary architectural and engineering design of the building through close consultation with an appointed Blue Ribbon Committee consisting of City residents.
The 35% preliminary basis for architectural and engineering design as well as the 100% complete construction documents as approved by the County shall be attached to this Lease upon completion and approval by the Parties, and as a condition to the Commencement Date.
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OC Parks — Tri-City Park Senior/Community Center Revenue Lease
EXHIBIT D
CONSTRUCTION SCHEDULE
As of the Effective Date of this Lease the Construction Schedule is still being developed as the construction documents have yet to be prepared and bids solicited from contractors. The City's contractor will be required to provide a Construction Schedule prior to the commencement of construction activities and that schedule shall be attached hereto as Exhibit D, and as a condition to the Commencement Date.
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OC Parks — Tri-City Park Senior/Community Center Revenue Lease
EXHIBIT E
CONSTRUCTION BUDGET
As of the Effective Date of this Lease, a Construction Budget and financing plan has yet to be established.
Should the 35% Preliminary Architectural and Engineering Basis of Design be approved by the City Council and County, the associated preliminary construction cost estimate may be attached to this Lease to be followed by the final architect's project estimate once the final Construction Documents have been prepared and approved by the County. The approval and attachment of the Construction Budget hereto, by amendment executed by the Parties, shall be a condition to the Commencement Date.
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EXHIBIT F
CONSTRUCTION DRAWINGS
As of the Effective Date of this Lease, the project Construction Drawings have yet to be prepared. Once prepared and approved by the County, said drawings shall be attached hereto this Lease, and such approval shall be a condition to the Commencement Date.
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OC Parks — Tri-City Park Senior/Community Center Revenue Lease
EXHIBIT G
SPECIFICATIONS
[To be attached prior to, and as a condition to, the Commencement Date] RI:10/6/2022
OC Parks — Tri-City Park Senior/Community Center Revenue Lease
EXHIBIT H
BOARD RESOLUTION
[To be attached]
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Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: OCTOBER 18, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR REAL ESTATE ADVISORY
SERVICES FOR AFFORDABLE HOUSING DEVELOPMENT AT BAKER
STREET
FISCAL
IMPACT: AFFORDABLE HOUSING IN LIEU FUND :
AFFORDABLE HOUSING IMPACT FEE FUND:
TOTAL APPROPRIATIONS:
SUMMARY:
$36,691.70 (342534-6099)
S26,308.30 (682534-6099)
$63,000.00
On August 24, 2022, the City issued a Request for Proposals (RFP) for Real Estate Advisory Services for Affordable Housing Development on Baker Street. The specific City -owned properties include 323, 307, 312, and 414 Baker Street as well as evaluate options for the potential acquisition of additional private properties for a larger development. The RFP solicited interest among six (6) different companies that specialize in municipal real estate advisory services. After a thorough review of the proposals by the Evaluation Committee consisting of the Deputy City Administrator, Director of Development Services and the Assistant to the City Administrator, the Evaluation Committee recommends Keyser Marston Associates (KMA). This action authorizes the City Administrator to enter into a Professional Services Agreement with KMA for Real Estate Advisory Services for Affordable Housing Development on Baker Street.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a Professional Services Agreement to Keyser Marston Associates for Real Estate Advisory Services for Affordable Housing Development on Baker Street in the amount of $63,000; and
2. Reject all other proposals, and
3. Approve Resolution No. R-2022-67, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§ 1206 and 1209 pertaining to appropriations for actual expenditures; and
1.g.
Oct 18, 2022
City Council/Successor Agency/ICDA Agenda
October 18, 2022
4. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to Promote Community and Economic Development under Objective #3.9, which is Facilitate Affordable Housing along Baker Street.
DISCUSSION:
On July 18, 2017, the City Council successfully adopted the Old Town Revitalization Plan. This zone change plan will improve and position the City's historic center to better connect with other areas of the City. Old Town Placentia is an asset to the City and is poised to be one of the City's key destinations. The plan will enhance the historic importance of the area and create public spaces and pathways making a cohesive small scale walkable urban village feel with retail, restaurants, offices, and residential areas. The Baker Street properties described in the RFP are within this zone change and are designated for high density residential development at 65 max density units per acre. This area is zoned for a maximum building height of four stories (55 feet) located along Baker Street and Walnut Avenue at the southwest corner of the Plan area, just north of the railroad tracks.
Request for Proposal Process
The Request for Proposal (RFP) was released on August 24, 2022 with a submission deadline of September 26, 2022. A total of six (6) firms met the deadline. The RFP included the following scope of services:
• Review and study the City owned properties at 323, 307, 312 and 314 Baker Street and the adjacent private properties upon award of contract. • Develop a comprehensive Request for Proposals (RFP) for the sale of the City owned properties at 323, 307, 312 and 314 Baker Street in a form acceptable by the City. Evaluate options for potential acquisition of additional private properties for a larger development. • Assist in the evaluation of the proposals and recommendation of a qualified developer. This includes scoring and verifying developer's experience in affordable/workforce housing development, reviewing developer's credit worthiness, portfolio and funds necessary to purchase the property, and schedule of performance, analyze various financial reports including but not limited to Pro forma analysis, development budget, cash flow analysis, and other economic analysis (e.g. fiscal impact reports, highest and best use, tax analysis.) • Assist in the real estate negotiations and in the development of an Exclusive Negotiation Agreement and/or a Purchase and Sale Agreement/Development Agreement in a form acceptable by the City and City's broker.
City Council/Successor Agency/ICDA Agenda
October 18, 2022
• Participate in up to five (5) in -person meetings with City Staff and the Housing, Community and Economic Development Ad -Hoc Committee and up to five (5) City Council Closed Session/Open Session meetings for Real Property Negotiations. • Other tasks which may be requested by the City.
The submitted proposals were reviewed by an Evaluation Committee consisting of the Deputy City Administrator, Director of Development Services and the Assistant to the City Administrator.
The City's Evaluation Committee evaluated all proposals received in accordance with the firms' technical experience in performing work of a closely similar nature; record of completing the work on schedule; strength and stability of the firm; strength, stability, experience, and quality of the final product completed with other agencies. The City's Evaluation Committee also evaluated the depth of the firms' understanding of affordable housing review, the City's requirements, overall quality of work plan; logic, clarity, and specificity of work plan and variances proposed for the work plan; and the utility of technical or procedural innovations.
The RFP solicited interest among six (6) different companies that specialize in municipal real estate advisory services, as follows:
Firm
Total Proposal
Keyser Marston Associates
$63,000
AECOM
$74,550
Kosmont Companies
$80,000-$100,000
Alex L.P. Andres
$93,000
Economic & Planning Systems, Inc.
$125,000
RSG
$151,800
The Evaluation Committee was impressed by the quality of proposal received by KMA and their proven track record of expertise in affordable housing development real estate transactions among municipalities. Thus, the Evaluation Committee agreed that KMA would be the best qualified firm to assist the City with its real estate advisory efforts in securing an affordable housing developer for the Baker Street area. Should the City Council elect to award this contract, the City will begin to work with KMA to complete the tasks as outlined in the RFP's scope of work.
FISCAL IMPACT:
The proposed contract with professional services firm KMA is in the amount of $63,000. The Affordable Housing In -Lieu Fund has a balance of $36,691.70 and was used prior to the formation of the Affordable Housing Impact Fee Fund. This amount will be applied towards this agreement with the remaining balance of $26,308.30 allocated from the Affordable Housing Impact Fee Fund, of which sufficient funds exist for this agreement.
City Council/Successor Agency/ICDA Agenda
October 18, 2022
Prepared by:
J ani�etf rt ga
Assistant to the City Administrator/
Economic Development Manager
Reviewed and approved:
Jentiife Lampman
Reviewed and approved:
h "Lambert
Director of Development Services
Reviewed and approved:
Damien R.3la
Director of Finance City Administrator
Attachments:
1. Agreement with Keyser Marston Associates
2. Request for Proposals for Real Estate Advisory Services for Affordable Housing Development on Baker Street
3. Resolution R-2022-67
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH KEYSER MARSTON ASSOCIATES, INC.
THIS AGREEMENT is made and entered into this 18th day of October, 2022 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and KEYSER MARSTON ASSOCIATES, INC., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide real estate advisory services as more fully described herein; and B. WHEREAS, 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; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, 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 Consultant's Proposal ("Proposal"), 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 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. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, 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;
(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 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. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Acreement. 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 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 2 Keyser Marston
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". Consultant's total compensation shall not exceed Sixty -Three Thousand Dollars ($63,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement 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.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
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 forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
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. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
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. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
3 Keyser Marston
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue until October 18, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the Parties. Parties may agree to in writing to extend this agreement for one (1) additional six (6) month extension.
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 at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
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 within thirty-five (35) days after service of the 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 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 4 Keyser Marston
possession of the Consultant. City shall not be liable for any claim of lost profits.
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. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 11 88, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the 5 Keyser Marston
duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
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(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
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 Administrator or his or her 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. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
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 and who shall not be changed by Consultant without the express written approval by the City. 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, 7 Keyser Marston
facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. 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) 72 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:
Keyser Marston Associates, Inc.
777 South Figueroa St., Suite 2555
Los Angeles, CA 90017
Tel: (213) 622-8095
Attn: Julie Romey
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: (714) 993-8264
Attn: Damien R. Arrula
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. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
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. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the alleged negligence or willful misconduct in the performance of the work undertaken by the Consultant, its employees, and/or authorized subcontractors, 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 the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or 8 Keyser Marston
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 active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of 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, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and 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 Documents. With the exception of Consultant's proprietary computer models, all findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, 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, but shall be made available to the City within ten (10) days of request 9 Keyser Marston
or within ten (10) days of termination. 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, preliminary notes and working documents, 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. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
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 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 and results 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, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
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 10 Keyser Marston
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 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 unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the 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 provisions of this Agreement.
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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 PLACENTIA,
A municipal corporation
Date:
Damien R. Arrula, City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
KEYSER MARSTON ASSOCIATES, INC.
Date:
Signature
Julie L. Ramey, Vice President
Name and Title
94-2363741
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christain L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Rosanna Ramirez, Risk Management
12 Keyser Marston
APPROVED AS TO CONTENT:
Date:
Jeannette Ortega, Project Manager
DEPARTMENTAL APPROVAL
Date:
Joseph Lambert, Director of Development Services
13 Keyser Marston
EXHIBIT A
CONSULTANT'S PROPOSAL
14 Keyser Marston
i
KEYS E R MARSTON ASSOCIATES
REQUEST FOR PROPOSALS
REAL ESTATE ADVISORY SERVICES FOR
AFFORDABLE HOUSING DEVELOPMENT
BANKER STREET PROPERTIES
Prepared for:
City of Placentia
Development Services Department
401 E. Chapman Avenue
Placentia, CA 92870
Contact: Jeannette Ortega, Assistant to City
Administrator/Economic Development Manager
Prepared by:
Keyser Marston Associates, Inc.
GPI
KEYSER MARSTON ASSOCIATES.w
ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT
September 26, 2022
ADVISORS IN:
Real Estate
Affordable Housing
Economic Development
BERKELEY
A. Jerry Keyser
Debbie M. Kern
David Doezema
LOS ANt,�:�:1:
Kathleen H. Head
James A. Rabe
Gregory D. Soo-Hoo
Kevin E. Engstrom
Julie L. Romey
Tim R. Bretz
SAN DIKGU
Paul C. Marra
Jeannette Ortega
Assistant to the City Administrator / Economic Development Manager City of Placentia
401 E. Chapman Avenue
Placentia, California 92870
RE: RFP for Real Estate Advisory Services — Baker Street Properties Dear Ms. Ortega:
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal to provide real estate and economic advisory services to the City of Placentia (City) regarding the selection of a developer and disposition of the Baker Street properties in the City.
KMA has provided similar services to our public sector clients for nearly 5O years, including the City of Placentia. KMA's Los Angeles office has significant experience with developer selection and disposition of affordable housing sites. For this assignment the City has requested experience and expertise in the following four major areas:
• Preparation of Requests for Proposals (RFP);
• Evaluation of developer submittals and developer selection; and • Transaction negotiations.
To perform in each of these areas, the consultant needs to have a strong background and demonstrated experience in real estate, economic and affordable housing analysis, transaction negotiations, and public and closed session presentations. Over the years, KMA has demonstrated its expertise and experience in all of these areas. The following proposal presents KMA's qualifications, experience, references, scope of work approach, timeline and budget:
• Schedule of Performance
• Company Information
• References
• Key Personnel
• Project Fee
777 SOUTH FIGUEROA STREET, SUITE 2555 - LOS ANGELES, CALIFORNIA 90017 - PHONE 213.622.8095 WWW.KEYSERMARSTON.COM
2209D09:PLA:jir
99900.000.002
Jeannette Ortega
City of Placentia
September 26, 2022
Julie Romey will serve as Principal -in -charge of this assignment. She is authorized to answer any questions regarding this proposal and is authorized to negotiate a contract. Her contact information is provided below:
Julie Romey
Senior Principal
714-526-0444 x306
[email protected]
We look forward to working with the City to select a developer for this key City development opportunity to provide affordable housing.
Sincerely,
Keyser Marston Associates, Inc.
Julie Romey
Senior Principal
Attachment
2209009:PLA:jIr
99900.000.002
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street
SCHEDULE OF PERFORMANCE
After reviewing the City of Placentia (City) Request for Proposals (RFP) for real estate advisory services related to the potential sale of City -owned properties on Baker Street, Keyser Marston Associates, Inc. (KMA) has prepared the following to illustrate our proposed approach to the six tasks listed in the RFP. Also included are an estimated timeline and a not -to -exceed budget. The developer selection and negotiation tasks can be quite time intensive leading to high costs. For purposes of the scope of work and budget estimate, KMA has made several assumptions regarding the number of meetings, interviews, etc. These are over and above those noted in Task
5. PROPOSED SCOPE OF WORK
KMA understands that the City is requesting the following scope of work:
Task 1: Background Review
• Review and study the City -owned properties at 323, 307, 312 and 314 Baker Street (City -Owned Properties) and the six parcels with the following addresses (Private Properties): 320 S. Walnut (APNs 339-392-21 & 22), unknown address (APN 339-392-20) adn 319, 315, 311 Baker Street.
Task 2: RFP Preparation & Land Acquisition Options
•Develop a comprehensive RFP for the sale of the City -Owned Properties in a form acceptable by the City. •Evaluate options for potential acquisition of the Private Properties for a larger development.
Task 3: Evaluation of Proposals
• Assist in the evaluation of the proposals and recommendation of a qualified developer, including:
•Scoring and verifying developer's experience in affordable/workforce housing development, reviewing developer's credit worthiness, portfolio and funds necessary to purchase the property, and schedule of performance.
•Analyze various financial reports including but not limited to pro forma analysis, development budget, cash flow analysis, and other economic analysis (e.g. fiscal impact reports, highest and best use, tax analysis) Task 4: Negotiation Support & Transaction Documentation Assistance • Assist in the real estate negotiations and in the development of an Exclusive Negotiation Agreemetn (ENA) and/or Purchase and Sale Agreement/Development Agreement in a form acceptable by the City and the City's broker.
Task 5: In -Person Meetings
• Up to 5 in -person meetings with City Staff / Development Ad Hoc Committee • Up to 5 in -person meetings with City Council (Closed/Open Session) meetings for Real Property Negotations Task 6: Other Tasks
•Other tasks, as may be requested by the City.
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services - Baker Street
KMA APPROACH TO PROPOSED SCOPE OF WORK
Based on the scope of work and background provided in the RFP, the following outlines KMA's proposed approach:
I ask : Background Review
KMA views Task 1 as a period of gathering relevant information about the City's goals for the City -owned parcels, determining an approach to potentially include the private parcels in the future development, developing a Surplus Land Act (SLA) strategy for the project, determining affordable housing requirements that need to be met in the project, the Housing Successor's SB 341 income targeting status, land conveyance options, available funding sources and any issues or restrictions on the City -owned parcels and many more items.
KMA proposes that the City and KMA meet for a kickoff meeting (Kickoff Meeting) to discuss all of the above and develop an additional requested information list for the City to provide to KMA. KMA will review all the documents. In addition, the City and KMA will develop up to three land acquisition options for KMA to analyze in Task 2. zl� '1° Y UP rf`t'' ,ZJ Opti rr„
After the Kickoff Meeting with City Staff and the receipt of the information request items, KMA will begin on the following two subtasks. It should be noted that the City will likely be required to make decisions about the acquisition of the Private Properties prior to the completion of the RFP.
a'k 2A RUP .Preparation
KMA understands that the City intends to solicit purchase and development proposals for the City -Owned Properties. The following scope of services assumes that KMA will prepare the RFP and the City will supply any necessary contract language or standard City procurement language. Costs can be reduced if the City prepares the RFP with input from KMA.
KMA proposes to undertake the following scope of services related to the preparation of an RFP:
1. Recommend the solicitation scope, format, submittal requirements and evaluation criteria for City approval.
2. Recommend a strategy for incorporating the State of California's Surplus Land Act (SLA) requirements into the City's disposition plan for the City -Owned Properties.
3. Prepare draft solicitation documents for City review, which will include, at a minimum, the following sections and required information from potential developers:
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street Introduction
City Goals and Objectives
Site Information -
'
Regional and local context
"Property details
' Zoning and entitlement information
Submittal Requirements, including
' Proposed development entity
' Development experience
' Key staff member experience
' Financial capacity
' Proposed development program
' Project pro forma
' Project schedule
"Price and Terms
Evaluation Process and Schedule
Additional documents
4. Prepare final solicitation documents that incorporate the City's comments on the draft documents.
S. KMA will also help the City identify affordable housing developers that may be interested and qualified to develop the property.
Task 2B -- Lana .4crtutsitio►t Options
Also, after the Kickoff Meeting, KMA will analyze up to three options for how the Private Properties can be assembled so that a larger development could be possible. These options could include the City acquiring one or more of the identified private properties, request in the RFP that developers propose how they would attempt to acquire the properties, or one or more of the current property owners partner with the City and/or Developer in the development of affordable housing.
KMA will provide a matrix to City Staff that itemizes the issues/concerns, strengths/weaknesses of the various land acquisition options. The City will need to provide direction to KMA on how the potential for acquiring the Private Properties should be incorporated into the RFP and Task 2Bwould need to be completed prior to the RFP document completion. 1'ask 3: Evaluation of Proposak
KMA assumes it will be leading the evaluation process and undertaking technical analyses for the evaluation panel. To that end, KMA proposes the following:
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street RFP Inquiries
• KMA will act as a point of contact for financial and economic questions concerning the RFP including attendance at a pre -bid meeting (if necessary).
Financial Statement Review
• KMA will perform a confidential review of the developers' financial statements to ensure their ability to perform.
Initial Proposal Review
• KMA will review proposals and identify deficiencies or areas that require clarification. We will also prepare a list of follow up questions for each developer to augment the proposal submittal. KMA will evaluate the responses to ensure the developers have fully addressed all aspects of the RFP.
Reference Review ..
• KMA will check references for each of the submitting developers. • KMA will assist the City in preparing for and conducting developer interviews (if necessary).
Detailed Proposal Review
• KMA will review the assumptions made by the developers to ensure its consistency with existing and future conditions.
• KMA will evaluate the proposed action plan and schedule of performance proposed by the developers, including their proposed marketing and management plans as well as plans to acquire any of the identified private parcels.
• Finally, KMA will review the development and operating projections:
• Evaluate project costs.
• Consider whether proposed affordability restrictions will meet the various City and funding source requirements.
• Compare operating cost assumptions to current norms.
■ Evaluate the proposed acquisition price to the City and public revenues.
Summarize RFP Review
• KMA will prepare a comparison matrix of the developer proposals with an accompanying memorandum summarizing the key issues and assumptions and recommendation. The matrix will also include KMA's scoring of each proposal.
Developer Selection
• KMA will assist in preparing the staff report that will be submitted to the City Council that recommends the selected proposer.
• KMA will participate as needed as needed at closed and open session of City Council.
Task 4: Negotiation c,ipport & Transaction Document itir,u A tt,nct� After selection of the developer(s), KMA will assist the City and its legal counsel in the negotiation of the ENA, Development and Disposition Agreement (DDA), Owner Participation Agreement Keyser Marston Associates, Inc.
September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street (OPA) or such other agreements as are necessary to implement the project. KMA will provide the following services:
KMA proposes to provide the following support during negotiations:
1. Assist the City Staff and legal counsel in preparing an ENA;
2. Be involved in land disposition negotiations between the City and Developer; and
3. Summarize, interpret and explain key aspects of the financial characteristics of the proposer's negotiating positions. This may include preparing financial models illustrating the ramifications of proposed agreement terms.
atilt
( alee
KMA will also assist in structuring the financial terms of the transaction and the documents:
1. Assist legal counsel in preparing the business term portions of the disposition agreement.
2. Prepare a summary of the financial components of the proposed transaction in support of the City staff recommendations; and
3. As required by State law to dispose of Housing Successor land, KMA will prepare the reuse analysis and 33433 report.
Task 5: In -Person Meetings
The RFP estimates that the Consultant will participate in up to five in -person meetings with City Staff and/or the Development Ad Hoc Committee and five Closed and/or Open City Council meetings. At the discretion of the City, KMA can lead the discussion of selection and deal point issues with the City Council and/or senior management. The following provides when in -person meetings may be needed:
Staff / City Council
Development Closed / Open
Ad Hoc Session Total
Task In -Person Meeting Purpose Committee Meetings Meetings 1 Kickoff Meeting 1 0 1
2A RFP Drafting Decisions 1 0 1
2B Acquisition Scenarios 1 0 1
3 Developer Selection 1 2 3
4A Approval of Development Agreement 1 2 3
4B Disposition Reporting 0 0 0
Additional Meetings, as needed 1 1 2
Totals 5 5 10
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA - Real Estate Advisory Services - Baker Street Task 6: Other Tasks, as Need
The City may have other tasks that are not currently anticipated. KMA will undertake such tasks on a time and material basis. KMA can provide fiscal impact reports, highest and best use analyses, tax analyses, ground lease vs. sale analyses, etc.
WORK PRODUCTS / DEADLINES
The following work products will be provided as follows:
Task Work Product
Estimated Timeline
1: Background
Review
2A: RFP
Preparation
2B: Land
Acquisition
Options
3: Evaluation of
Proposals
4A: Negotiation
Support
4B: Transaction
Documents
Assistance
• Additional Requested
Information List
■ Draft RFP document
• Final RFP document
• Draft Matrix
• Final Matrix
■ Draft Evaluation / Scores
• Final Evaluation / Scores
• 3 Days after Kickoff Meeting
• 4 Weeks after project initiation
• Within 1 Week of receipt of comments
from the City.
• 2 Weeks after Options agreed upon.
• 1 Week after comments on Draft received
from City Staff.
• Dependent upon
Negotiations
• Reuse Analysis
• 33433 Summary Report
• 3 to 4 Weeks after KMA receives
proposals (based on the number of
proposals)
• 1 Week after receipt of City comments
• No work product known at this time
• 2 Weeks after Deal Terms finalized
• 2 Weeks after Deal Terms finalized
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA - Real Estate Advisory Services - Baker Street
PROPOSED TIMELINE
KMA estimates the following schedule for the selection and negotiation process. The process represents the technical work effort; does not consider City review periods or publication requirements. KMA expects the RFP to allow 60 to 90 days for developer responses. $.mated Timeline
1: Background Review
2A: RFP Preparation
2B: Land Acquisition Options
RFP Release
Due Date of Developer Proposals
3: Evaluation of Proposals
4: Negotiations 1 Documents
5: In -Person Meetings
6: Other Tasks, as needed
2 Week Review Period
5 Weeks (concurrently with Task 2B)
3 Weeks (concurrently with Task 2A)
December 19, 2022
February — March 2022
5 Weeks to Finalize Scores (assumes no interviews and
evaluation panel is in place)
Schedules for these are outside the control of KMA.
If the Kickoff Meeting occurs the same week as the anticipated approval of the consultant (October 18, 2022), and City Staff is able to turn around each of the various drafts within one week, KMA estimates that the RFP should be able to be released by December 19, 2022. KMA does suggest, however, that unless there is a certain reason the RFP must be released by the end of the 2022 that the City wait until January 2023 to release it to make sure developers don't miss the noticing of the RFP during the holiday season.
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street
COMPANY INFORMATION
FIRM DESCRIPTION
Keyser Marston Associates, Inc. is a full -service real estate, financial and economic consulting firm that has a dedicated affordable housing advisory group. Founded in 1973, the firm has served over 600 clients on more than 2,000 projects, including some of the most high -profile public/private partnerships in California. The firm's public -sector clients include nearly every major municipality in California, as well as counties, ports, special districts, universities, and former military bases. While we are best known for our role as advisors to public sector and institutional clients, we also have an extensive private sector practice, which primarily serves corporations, law firms, and landowners. The majority of KMA assignments involve long- standing client relationships with former redevelopment agencies, housing successor agencies, housing authorities, city and county governments, including the City of Placentia as well as the cities of Anaheim, Fullerton, Irvine, Huntington Beach, Santa Ana, and many other jurisdictions in Orange County.
For nearly 50 years, KMA has held the same commitment to clients: to provide creative and pragmatic solutions to complex urban development. Our practice areas include:
• Public -private real estate transactions
• Fiscal and economic impacts
• Transit -oriented neighborhoods
■ Public benefits and entitlements
• Affordable and inclusionary housing
• Economic development
We approach all our assignments from a reality -based perspective. Our objective is to provide decision -makers with sound advice supported by strong technical analysis of all economic factors that impact success, including:
• Market conditions • Community needs and benefits
• Financial investments requirements • Development issues KMA presently has 19 professional staff persons, three corporate staff members, and three support staff members. KMA has three offices located in Los Angeles, Berkeley, and San Diego.
The Los Angeles group also has a satellite office in Brea. The Los Angeles/Brea office, which will provide services to the City of Placentia, includes eight full-time professional staff members and provides consulting services to a wide range of government agencies and a limited number of private sector clients in Southern California.
Uniquely, KMA combines its real estate advisory services with a range of financial planning services, including affordable housing services, projection of public revenues, fiscal impact analyses and economic analyses of alternative land use options. This integration of disciplines allows KMA to deliver extremely cost effective, coordinated services to our clients.
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services - Baker Street KMA's principals are frequent speakers to industry groups including the League of California Cities, the American Planning Association, NAHRO, the Urban Land Institution, California Association of Local Housing Finance Agencies (CAL-ALHFA), and other similar organizations.
They have also served on policy -advisory committees for the State Legislature and Governor on issues such as affordable housing, economic development and military base reuse. Currently Julie Ramey serves on the board of CAL-ALHFA and on a working group focused on the Surplus Land Act that includes CAL-ALHFA and the State of California's department of Housing and Community Development (HCD).
The increased complexities of affordable, workforce and supportive housing projects and associated sales and ground lease transactions demand a strong technical understanding of real estate, financing markets and a keen understanding of California laws that affect the disposition of public property. The firm is unique among other real estate consulting firms by possessing this particular combination of skills. The combined knowledge and expertise in these areas has resulted in KMA's ability to provide services, which not only comply with the current policies and practices pertaining to local development but are also based on a fundamental understanding of real estate markets, valuation and financing.
Some unique characteristics possessed by KMA include:
.Y�7t'Plt 1�t's
KMA has nearly 50 years of experience assisting clients throughout the West in real estate market and evaluation services; negotiation services; structuring public/private transactions; affordable housing services; and project implementation services.
Lt 1 Liitect'ttwite.ss
KMA is cost effective for our clients given our ability to provide comprehensive services relating to market and financial feasibility, economic analysis, direct implementation experience and public finance without the need for additional consultants.
The philosophy and structure of our firm is to provide our clients with maximum direct contact with principals. The commitment of principals who are recognized leaders in real estate advisory services throughout California provides our clients with quality, tailored and direct services.
AREAS OF EXPERTISE IN AFFORDABLE HOUSING & NEGOTIATIONS The relevant area affordable housing areas in which KMA provides services include the following:
Strategic Planning
KMA assists clients in creating strategic plans to assist in fulfilling their unmet need for affordable housing. These plans include a review of the existing affordable housing stock within the jurisdiction, and the identification of resources that are available to assist in providing and Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street preserving affordable housing. KMA also provides insight into strategies for the Surplus Land Act (SLA) and SB 341 income targeting requirements that are imposed on the use of the low and moderate income housing asset funds (LMIHAF).
T I 1!\ l 9(4t d (l,a Prlrt;rrrtg}flMT
KMA assists clients in all types of disposition of real estate holdings. These services include preparation of developer solicitation documents such as RFPs, RFQs, RFQ/Ps and NOFAs, developer selections and reviews including due diligence, participation in developer or landowner negotiations, and analysis of pending agreements. KMA has taken an active role in the negotiation process leading to literally hundreds of disposition and development agreements (DDA). KMA also prepares reuse analyses and summary reports that are required under Health and Safety Code Section 33433 and additional new reporting requirements under AB 562 and SB 470.
KMA assists clients in the evaluation and selection of developers for affordable housing projects.
The evaluation typically includes a thorough review of the developer's prior experience and that of the development team, its financial strength and property management expertise. KMA also is asked to be on the interview panels during development selection process in order to provide a commentary on the feasibility of proposals.
I evera .*.inu and 1.averin€ Analvses
KMA prepares market and financial analyses to quantify the appropriate level of client assistance to a project. We evaluate the impact of burdens and incentives on affordable housing programs and advise on all aspects of project structuring, including the use of available outside funding sources.
Density Bonus Analyses
KMA evaluates density bonus applications submitted to jurisdictions under the auspices of California Government Code Sections 65915-65918. The KMA analyses include an evaluation of the characteristics associated with a project that complies with the site's base zoning; calculation of the affordability gap associated with the income restricted units proposed to be provided; and the preparation of a pro forma analysis of the projects proposed to be developed including the density bonus, incentives or concessions, and development standards relief being requested by the applicant.
Further details about KMA's services can be found at www.ke, sermarston.com.
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street
KEY PERSONNEL
KMA's unique strength is the depth, continuity and availability of our principals who average more than 20 years of practical experience working with our public and institutional clients. All work assignments are directly supervised by a principal, and it is the personal involvement of our principals that contribute to the firm's ongoing success. For each assignment, it is KMA's policy to assign a principal with specific expertise in the subject matter to lead the consulting team.
Fu11 resumes for each of the team members who will be assigned to the proposed engagement are provided in Attachment A. Summaries of these individuals' experience follow:
PROJECT MANAGE -1j
Julie Romey, a Senior Principal in KMA's Los Angeles office, will serve as Principal -in -Charge and Project Manager for this assignment. Julie predominately works out of the firm's Brea satellite office as well as lives in the City of Fullerton. As such, she is very familiar with the City of Placentia and has assisted the City with affordable housing issues/projects. The most recent assignment was the review and analysis of a Middle Income Housing (MIH) proposal submitted for the Union Place Apartments. Julie prepared a written analysis as well as discussed, the pros/cons of the proposal in closed session with City Council. Julie will oversee all aspects of the assignment and be directly involved with assisting the City in making decisions about the RFP, developer selection and negotiations. KMA will not be utilizing outside consultants.
ADDITIONAL PERSONNEL
The following provides a brief description of KMA staff that would have a role in this assignment.
C'otur'nov Boll. 1tRa asr��r
Courtney is a Manager in the Los Angeles office who joined KMA in 2017 with a background in asset management, economic and market analysis and land use planning. Courtney's work at KMA focuses on affordable housing studies and nexus analyses, market and demographic studies, HOME Program policies and procedures, developer solicitation documents, and affordable housing monitoring and compliance reviews. Courtney also provides project management and loan closing services to public sector clients.
Courtney's role will be to organize the information derived from Task 1 and prepare the RFP document in Task 2A. She has excellent organizational skills and experience of working with clients to resolve outstanding issues.
Ryan Koyanagi, Senior Anaiysi
Since joining KMA in 2022, Ryan has provided public and private sector clients with real estate economic analyses for affordable housing and adaptive reuse projects. Ryan holds a bachelor's degree in Geography from California State University, Fullerton where he is also pursuing a Master of Arts degree in Geography.
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street Ryan will be assisting Julie with Tasks 2B, 3 and 4. He has recently completed developer proposal evaluations for the County of Los Angeles and the City of Beverly Hills. Ryan is also proficient in preparing pro forma analyses that will be used to evaluate the selected developer's proposals during the negotiations process.
( her
It should be noted that KMA can also draw on addition KMA principals that have various expertise that may be useful for this assignment. For instance, Jim Rabe, a Senior Principal will be available to assist with negotiations. Kathe Head, President of KMA, and Managing Principal of the Los Angeles office will be available for affordable housing policy questions and in the weeds information about the SLA process. Tim Bretz, a Senior Principal in the Los Angeles office and who prepared the residential nexus study in support of the City's Affordable Housing Impact Fee, will be available to assist if issues regarding that funding source arise. Kevin Engstrom, also a Senior Principal working out of the Brea office, is available for any fiscal impact analysis needs the City may have as a result of the RFP/Project. KMA principals are also well versed in the EIFD adoption and implementation process if issues should arise regarding the EIFD as a funding source.
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street
REFERENCES
CITY OF PLACENTIA
FINANCIAL ANALYSIS AND DEVELOPER SOLICITATION j 207-209 W. CROWTHER AVENUE P3
® Value Capture &
Public Benefits
Affordable Housing
® Infrastructure
Finance
Asset Manageme
® Land Use Strategies
® Public Finance
Project Timeline:
Project Status:
KMA Personnel:
Project Budget:
Contact:
KMA is currently working with the City of Placentia on the development of a parcel adjacent to the new Metrolink station in the City, at 207-209 W.
Crowther Avenue. The initial analysis involved a lease versus sale analysis and review of current market value versus appraised value. KMA then prepared the RFP and solicited developers for a residential and street front retail project under an unusual ground lease structure that required a large upfront payment. A developer was selected and KMA and the City are currently negotiating the ground lease transaction and other development related documents.
*Additionally, in 2017 KMA prepared a residential nexus study in support of an affordable housing impact fee for the City. And, in 2022, KMA assist the City with analyzing a Middle Income Housing proposal for the Union Place Apartments.
December 2016 - 2020
Under Construction
Jim Rabe, Julie Romey, Kevin Engstrom
$49,900
Jeanette Ortega
Economic Development Manager
City of Placentia
401 E Chapman Avenue
Placentia, CA 92870
714-993-8171
[email protected]
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street
CITY OF LOS ANGELES
G DEPARTMENT (LAH!
❑ P3
❑ Value Capture &
Public Benefits
►II Affordable Housing ® Asset Management ® Public Finance ❑ Infrastructure Z Land Use Strategies
Finance
Project Timeline:
Project Status:
KMA Personnel:
Project Budget:
Contact:
KMA provides ongoing affordable housing consulting services to LAHD on a variety of affordable ownership and rental projects. LAHD received numerous properties from the former Community Redevelopment Agency of the City of Los Angeles, as well as surplus properties from other City departments. These properties are proposed to be developed with affordable housing projects, with a focus on providing PSH units. KMA's tasks include: 1. Affordability and feasibility gap analyses; 2. Property disposition reports; and 3. Developer selection and negotiation for long term ground leases. The projects that KMA analyses are financed with a variety of funding sources including Tax Credits, HCD funding sources, and the city's HHH funds which are designated for PSH units. KMA has worked with the city's legal counsel to draft a template ground lease agreement that is financeable as well as provides security for the city as well as negotiated with developers and construction lenders on behalf of LAHD. KMA summarizes each transaction in a memorandum and presents each project to LAHD's Loan Committee for approval. For these tasks, KMA draws on our extensive knowledge and experience with project economics, including construction costs, financing structure, and the "feasibility gap" associated with developing affordable units.
Ongoing since 2013
Various stages
Julie Romey, Tim Bretz, Kathe Head
Project Specific ($5,000 - $50,000+ per assignment)
Magdalina Zakaryan
Acting Director, Housing strategies and Services Division Los Angeles Housing Department
Los Angeles, CA 90017
213-808-8592
[email protected]
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street
LOS ANGELES COUNTY DEVELOPMENT AUTHORITY (LACDA)
ON L SERVICES. - _
Off p3
❑ Value Capture &
Public Benefits
® Affordable Housing
❑ Infrastructure
Finance
Asset Management ® Public Finance
❑ Land Use Strategies
Project Timeline:
Project Status:
KMA Personnel:
Project Budget:
Contact:
Since 2015, KMA has been providing on -going financial consulting services to LACDA. KMA has reviewed development proposals for projects throughout the County that are submitted through LACDA's NOFA process. This service includes performing a threshold review of the financial and economic components of the project as well as a technical review that considers LACDA's underwriting guidelines and funding/market conditions to determine project feasibility as well as the need for assistance. KMA then presents the proposals to the LACDA NOFA Committee and discusses how to resolve identified issues. KAM has also been on various developer selection review panels for LACDA, including the American Legion Site in Downey owned by the County and the LA County + USC Restorative Care Village RFP. As the number of projects and funding sources have increased for LACDA, KMA also provides project management services to LACDA during the underwriting and loan closing process.
Ongoing since 2015
Various stages
Julie Romey, Kathe Head, Courtney Holt, Ryan Koyanagi
Project Specific ($5,000 - $50,000+ per assignment)
Lynn Katano
Director of Housing Investment and Finance Division
Los Angeles County Development Authority
Alhambra, CA 91801
626-586-1806
[email protected]
Keyser Marston Associates, Inc. September 26, 2022
CITY OF PLACENTIA — Real Estate Advisory Services — Baker Street
PROJECT FEE
KMA proposes to complete the scope of work for a not -to -exceed amount of $63,000. The following provides the KMA estimates for each Task.
Task 1
Task 2A
Task 2B
Task 3
Task 4A
Task 4B
Task 5A
Task 5B
Project Expenses
Total Budget
Background Review $3,500
Comprehensive RFP Preparation 1 $10,500
Land Acquisition Options 2 $6,000
Evaluation of Proposals 3 $12,500
Negotiations Support $10,000
Transaction Documentation Assistance $7,500
City Staff / Development Ad Hoc Committee In -Person Meetings $4,000 City Council (Closed/Open Session) Meetings $7,500
Data Acquisition & Production $1,500
$63,000
It should be noted that KMA bills on a time and materials basis (see billing rates below).
TASK 6: ADDITIONAL SERVICES, AS NEEDED
Since potential services to be provided were not included in the City's RFP, KMA is unable to estimate a budget. However, we propose that when additional services are needed, we will provide a scope and budget at that time based on time and materials. The following are the Fiscal Year 2022/23 KMA hourly billing rates:
Chairman, President, Managing Principals* $305.00
Senior Principals* $295.00
Principals* $275.00
Managers* $245.00
Senior Associates $205.00
Associates $185.00
Senior Analysts $170.00
Analysts $145.00
Technical Staff $105.00
Administrative Staff $90.00
Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. *Rates for individuals in these categories will be increased by 50% for time spent in court testimony.
Costs can be reduced if the City prepares the RFP with input from KMA. 2 Costs can be reduced if the number of options reviewed is reduced. 3 Costs can be reduced if fewer than 10 proposals are submitted.
Keyser Marston Associates, Inc. September 26, 2022
Appendix A
Resumes
Keyser Marston Associates, Inc.
September 26, 2022
Julie Romey I Senior Principal, Los Angeles / Brea Offices Julie Romey is a
Senior Principal in
the Los Angeles
office of Keyser
Marston
Associates, Inc.
Julie provides
public and private
clients with real
estate economic
analysis, and with
expertise in
market rate and affordable housing in California.
Key Role
For more than 30 years, Julie has analyzed real
estate projects on a market and site -specific
level. In Keyser Marston s Los Angeles office,
Julie has a role in structuring development
agreements for projects in Anaheim, Brea,
Irvine, Fullerton, Los Angeles, Long Beach,
Pasadena, Carson, Huntington Beach, and
Compton.
Specific Areas of Expertise
Affordable Housing Transactions
Throughout her career, Julie has been involved in
analyzing residential projects with affordability
components, with a majority of these projects
utilizing the federal low income housing tax
credit program. Other funding sources Julie has
experience with are low and moderate income
housing asset funds (LMIHAF), HOME funds, No
Place Life Home, tax-exempt bonds, and other
State of California housing programs.
Ground Lease Transactions
Julie has reviewed and negotiated ground leases
for various jurisdictions. She has worked with
developers, lenders and policy decision makers to
establish terms that satisfy requirements of all
parties. In particular, Julie has assisted the City
and County of Los Angeles to create policies for
ground leasing affordable housing sites.
Developer Selection
Julie has reviewed numerous development
proposals on behalf of governmental entities such
as LACDA, LAHD, and the cities of Fullerton,
Huntington Beach, Placentia, and Long Beach.
Her role in the developer selection process
includes preparing the RFP/ RFQ/ NOFA,
reviewing the financial proposal and pro forma
submitted by the proposers, scoring development
proposals based on the RFP requirements, taking
part in developer interviews, developing deal term
sheets, attending negotiation meetings with staff,
reviewing draft development agreements, and
preparing financial analyses and presentations for
decision makers.
Affordable Housing Strategies/Prograrns
Julie works with Cities to ensure their housing
programs are SB 341 compliant, including drafting
a template for the annual report that is used by
most Housing Successors across the State of
California. She has helped clients develop efficient
homebuyer approval processes. She has assisted
the Cities of Anaheim, Fullerton, and Huntington
Beach with the ongoing monitoring of their
affordable housing projects and qualifying
homebuyers.
Project Management Services
Julie provides understaffed clients with project
management services such as training housing
department staff on affordable housing processes,
assist at various levels of involvement with
construction and permanent closings, including
final underwriting, lender calls, managing the legal
document process.
CSU Chancellor's Office
Julie provided financial modeling services to CSU
Monterrey Bay during the ground lease
negotiations for a large mixed use project on
campus. She is currently working with CSU
Fullerton in analyzing the feasibility of providing
student/employee affordable housing project..
Professional Credentials
Julie holds a master's degree in real estate finance
from Cornell University and a bachelor's degree
in business administration from San Diego State
University. She co -taught the "Planning and
Economic Development Finance" class in the
School of Policy, Planning and Development at
USC for two years. She is a member of the Cornell
Real Estate Council and a board member of
California Association of Local Housing Finance
Agencies (CAL-ALHFA).
Key Role
Courtney Holt I Manager, Los Angeles Office
Courtney Holt is a
Manager in the Los
Angeles office of
Keyser Marston
Associates, Inc.
(KMA). She joined
KMA in 2017 with
a background in
asset management,
economic and market
analysis, and land
Ms. Holt's work at KMA focuses on affordable
housing and nexus analyses, compliance with
local, state and federal housing programs,
market and demographic studies, and
inclusionary housing studies and agreements
for public sector clients.
Specific Areas of Expertise
Affordable Housing Strategies
Ms. Holt has assisted in the analysis of numerous
affordable housing projects and studies in Los
Angeles, Monterey, and Orange County. Past
projects include the physical and financial
assessment of public housing developments in
the City and County of Los Angeles, affordable
housing monitoring and compliance review,
writing requests for proposals (RFD's) for the sale
of City -owned properties, and reviewing and
scoring affordable housing projects serving
special needs populations for a variety of Los
Angeles County funding sources, including the
No Place Like Home Program, the Mental Health
Housing
Program, Section 8 Project -Based Vouchers, and
Project -based Veterans Affairs Supportive Housing
Vouchers. In addition, she has assisted cities with
compliance to the regulatory requirements
applicable to HOME -funded projects and written
HOME Program Policies & Procedures manuals for
the Cities of Orange and San Bernardino.
Project .Management Services
Ms. Holt provides public sector clients with project
management services for construction and
permanent loan closings, including financial
underwriting, management of the legal document
process, participation in lender calls on behalf of the client, and assisting clients with unanticipated
issues that arise during the closing process.
Market Studies
Ms. Holt has participated in preparing market
demand analyses, economic studies, and
demographic profiles for public sector clients
around the Southern California region, including
the cities of Anaheim, Irvine, Long Beach, San
Bernardino, Whittier and Los Angeles, as well as
Los Angeles and San Bernardino Counties.
Professional Credentials
Ms. Holt holds a Master of Planning degree and
Real Estate Development certificate from the
University of Southern California, and a Bachelor
of Arts degree in International Studies from the
University of Washington.
She is currently a member of the American
Planning Association (APA) and the Young
Professionals Group at the Urban Land Institute
(ULI), and previously served on ULI's Transit -
Oriented Development Committee.
Ryan Tuong An Koyanagi I Real Estate Analyst, Los Angeles Office has worked
Bernardino,
Ryan Tuong An Koyanagi
is a Real Estate Analyst in
the Los Angeles office of
Keyser Marston
Associates. Since joining
the firm in 2022, Ryan has
provided public and
private clients with real
estate economic analysis
for affordable housing,
inclusionary housing and
adaptive reuse projects. He
on projects in Los Angeles, Orange, San
Riverside and Ventura Counties.
Key Role
Ryan conducts financial analysis of developer
pro formas, conducts market and demographic
research for real estate projects, evaluates
developer responses to RFPs and performs
affordable rent calculations for affordable
housing projects.
Specific Areas of Expertise
Market and Demographic Analysis
Ryan has experience in assisting in market and
demographic analysis for residential, commercial
and mixed -use projects through platforms such as
CoStar and Esri Business Analyst.
Affordable Rent Analysis
Ryan assists in calculating affordable rent for a
variety of household sizes, affordability depths
and rental markets for affordable housing
developments.
Qualitative Data Analysis
Ryan has experience conducting surveys and
interviews of key stakeholders and informants as
well as analyzing, organizing and presenting key
findings, including developer responses to
RFP/Qs. He has experience reviewing qualitative
using qualitative data analysis tools such as
NVivo.
Mapping and Geographic Analysis
Ryan has experience using both the Esri ArcGIS and
QGIS suites to conduct geographic analysis and
create maps to illustrate and communicate findings
internally, with the public and with project
stakeholders.
Professional Credentials
Ryan holds a Bachelor of Arts degree in Geography
from California State University, Fullerton where
he is also pursuing a Master of Arts degree in
Geography.
EXHIBIT B
CERTIFICATES OF INSURANCE
15 Keyser Marston
ACOREP CERTIFICATE OF LIABILITY INSURANCE
--
DATE (MM/DD/YYW)
10/04/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Marsh Affinity
a division of Marsh USA Inc.
PO Box 14404
Des Moines, IA 50306-9686
NAME CT Marsh Affinity
PHONE FAX
(A/C, No, Ext): 800-743-8130 (A/C, No):
E-MAIL DRESS: [email protected]
INSURER(S)AFFORDING COVERAGE
NAIC #
INSURER A: AIU Insurance Company
19399
INSURED
ADP TotalSource DE IV, Inc.
5800 Windward Parkway
Alpharetta, GA 30005
UC/F:
Keyser Marston Associates, Inc.
1299 Fourth St. Ste 408
San Rafael, CA 94901
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDLSUBR
INSD
WVD
POLICY NUMBER
POLICYEFF
(MM/DD/YYW)
POLICY EXP
(MM/DD/YYW)
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
CLAIMS -MADE
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GEN'L
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
RO
JECT
PER:
LOC
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGG
$
$
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N/A
X
WC 053418316 CA
07/01/2022
07/01/2023
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 2,000,000
E.L. DISEASE - EA EMPLOYEE
$ 2,000,000
E.L. DISEASE - POLICY LIMIT
$ 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All worksite employees working for Keyser Marston Associates, Inc. paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER AS RESPECTS OF JOB PERFORMED BY Keyser Marston Associates, Inc. AS REQUIRED BY WRITTEN CONTRACT
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 E. Chapman
Placentia, CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE J col
ACORD 25 (2016/03)
© 1988-2015 ACORD .CORPORA7ION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 07/01/2022 12:01 AM
Issued to AIU Insurance Company
By
ADP TotalSource DE IV, Inc.
5800 Windward Parkway
Alpharetta, GA 30005
L/C/F:
Keyser Marston Associates, Inc.
1299 Fourth St. Ste 408
San Rafael, CA 94901
forms a part of Policy No. WC 053418316 CA
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be `)/0 of the total estimated workers compensation premium for this policy.
ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF
RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE
OCCURRENCE OF LOSS
WC 04 03 61
(Ed. 11/90)
Jit
Countersigned by
Authorized Representative
ACORO�
404....------- CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
11/28/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
MOC Insurance Services
License No. 0589960
101 Montgomery St. , Suite 800
San Francisco CA 94104
CONTACT Halidee Callejas
NAME:
PHOE AX
(A/C, No.Ext): (415)957-0600 (Ac NU): (415)957-0577
E-MAIL [email protected]
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Massachusetts Bay Ins. Co.
22306
INSURED
Keyser Marston Associates, Inc.
1299 4th Sreet Suite 408
San Rafael CA 94901
INSURERB:AllmeriCa Financial Benefit Co.
41840
INSURERc:Hanover Insurance Company
22292
INSURERD:
INSURER E :
INSURERF:
COVERAGES
CERTIFICATE NUMBER:2021-2022
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
ZDFA49104907
12/1/2021
12/1/2022
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 500,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE
X
LIMIT APPLIES
TN
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/OPAGG
$ Included
$
B
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
Coll $500
X
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
Comp $1,000
X
AWFA490049
12/1/2021
12/1/2022
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
Uninsured motorist combined single
$ 1,000,000
C
X
UMBRELLALIAB
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
X
UHFA49117107
12/1/2021
12/1/2022
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4 , 000, 000
DED
X
RETENTION $ 0
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N /A
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
C
Professional Liability
Retention $25,000
LHFD42616504
Retro Date: 11/11/1976
12/1/2021
12/1/2022
Each Wrongful Act $1,000,000
Aggregate Limit $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as additional insureds as respects their interest may appear per written contract.
This insurance is primary and non-contributory. Waiver of Subrogation applies. 30 day notice of cancellation/10 day for non-payment of premium.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
Attn: Damien Arrula
401 E. Chapman
Placentia, CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Halidee Callejas/HCA
plofi�et Cal/1{-4)
ACORD 25 (2014/01)
INS025 (201401)
© 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMENTS/REMARKS
EXCESS PROFESSIONAL LIABILITY COVERAGE
POLICY NUMBER: MPX3007521
POLICY TERM: 12/01/2021 - 12/01/2022
CARRIER: AMBRIDGE GLOBAL SPECIALTY USA
AM BEST RATING: A XV
LIMITS:
$1,000,000 PER CLAIM
$1,000,000 PER AGGREGATE
RETROACTIVE DATE: 8/21/2020
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
POLICY NUMBER: ZDFA49104907
Effective Date: 12/01/2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)
or Organization(s):
Location(s) of Covered Operations
It is understood and agreed that this insurance is
primary, and any other insurance maintained by the
Additional Insured shall be excess only and not
contributing with this insurance in regards to all
operations as pertains to the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a princi-
pal as a part of the same project.
CG 20 10 07 04
© ISO Properties, Inc., 2004 Page 1 of 1 o
COMMERCIAL AUTO
CA 00 01 03 06
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The
words "we", "us" and "our" refer to the Company pro-
viding this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V —
Definitions.
SECTION I - COVERED AUTOS
Item Two of the Declarations shows the "autos" that
are covered "autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Description Of Covered Auto Designation
Symbols
Symbol
Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos"
Only
Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy bec ins.
3 Owned Private
Passenger
"Autos" Only
Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned "Autos"
Other Than Pri-
vate Passenger
"Autos" Only
Only those "autos" you own that are not of the private passenger type (and for Li - ability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy bec ins.
5 Owned "Autos"
Subject To No-
Fault
Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you ac - quire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally caraced. 6 Owned "Autos"
Subject To A
Compulsory Un-
insured Motor-
ists Law
Only those "autos" you own that because of the law in the state where they are li- censed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists re- quirement.
7 Specifically De-
scribed "Autos"
Only those "autos" described in Item Three of the Declarations for which a pre- mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three).
8 Hired "Autos"
Only
Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.
9 Nonowned
"Autos" Only
Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs.
CA 00 01 03 06
© ISO Properties, Inc., 2005
19 Mobile Equip-
ment Subject To
Compulsory Or
Financial Re-
sponsibility Or
Other Motor Ve-
hicle Insurance
Law Only
Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are li- censed or principally garaged.
B. Owned Autos You Acquire After The Policy
Begins
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered
next to a coverage in Item Two of the Declara-
tions, then you have coverage for "autos" that
you acquire of the type described for the re-
mainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that cover-
age only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that cover-
age; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that cover-
age.
C. Certain Trailers, Mobile Equipment And
Temporary Substitute Autos
If Liability Coverage is provided by this Coverage
Form, the following types of vehicles are also cov-
ered "autos" for Liability Coverage:
1. "Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any "auto" you do not own while used with the
permission of its owner as a temporary substi-
tute for a covered "auto" you own that is out of
service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.
SECTION II — LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an "acci-
dent" and resulting from the ownership, mainte-
nance or use of covered "autos". However, we will
only pay for the "covered pollution cost or ex-
pense" if there is either "bodily injury" or "property
damage" to which this insurance applies that is
caused by the same "accident".
We have the right and duty to defend any "insured"
against a "suit" asking for such damages or a
"covered pollution cost or expense". However, we
have no duty to defend any "insured" against a
"suit" seeking damages for "bodily injury" or "prop-
erty damage" or a "covered pollution cost or ex-
pense" to which this insurance does not apply. We
may investigate and settle any claim or "suit" as we
consider appropriate. Our duty to defend or settle
ends when the Liability Coverage Limit of Insur-
ance has been exhausted by payment of judg-
ments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permis-
sion a covered "auto" you own, hire or bor-
row except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto". This
exception does not apply if the covered
"auto" is a "trailer" connected to a cov-
ered "auto" you own.
CA 00 01 03 06 O
(2) Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household.
Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company), or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
A partner (if you are a partnership), or a
member (if you are a limited liability
company) for a covered "auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an "in-
sured" described above but only to the ex-
tent of that liability.
2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds (in-
cluding bonds for related traffic law vio-
lations) required because of an "acci-
dent" we cover. We do not have to fur-
nish these bonds.
The cost of bonds to release attach-
ments in any "suit" against the "insured"
we defend, but only for bond amounts
within our Limit of Insurance.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day be-
cause of time off from work.
All costs taxed against the "insured" in
any "suit" against the "insured" we de-
fend.
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" against the "in-
sured" we defend, but our duty to pay in-
terest ends when we have paid, offered
to pay or deposited in court the part of
the judgment that is within our Limit of
Insurance.
These payments will not reduce the Limit of
Insurance.
(3)
(5)
(3)
(5)
b. Out -Of -State Coverage Extensions
While a covered "auto" is away from the
state where it is licensed we will:
(1) Increase the Limit of Insurance for Li-
ability Coverage to meet the limits speci-
fied by a compulsory or financial re-
sponsibility law of the jurisdiction where
the covered "auto" is being used. This
extension does not apply to the limit or
limits specified by any law governing
motor carriers of passengers or prop-
erty.
(2) Provide the minimum amounts and
types of other coverages, such as no-
fault, required of out-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Exclusions
This insurance does not apply to any of the follow-
ing:
1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the "in-
sured".
2. Contractual
Liability assumed under any contract or agree-
ment.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract" provided the "bodily in-
jury" or "property damage" occurs subse-
quent to the execution of the contract or
agreement; or
b. That the "insured" would have in the ab-
sence of the contract or agreement.
3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under any
workers' compensation, disability benefits or
unemployment compensation law or any similar
law.
4. Employee Indemnification And Employer's
Liability
"Bodily injury" to:
a. An "employee" of the "insured" arising out of
and in the course of:
(1) Employment by the "insured"; or
CA 00 01 03 06
© ISO Properties, Inc., 2005
PLACENTIA
Rich Heritage, Bright Future
CITY OF PLACENTIA
REQUEST FOR PROPOSALS
REAL ESTATE ADVISORY SERVICES FOR
AFFORDABLE HOUSING DEVELOPMENT
BAKER STREET PROPERTIES
All Proposals must be received in the
Development Services Department,
401 E. Chapman Avenue, Placentia, CA 92870, by:
Monday, September 26, 2022 at 11:00 a.m., PST
Deadline for all questions is Thursday, September 15, 2022 at 5:00 p.m., PST. Please submit written questions related to this Request For Proposals to Jeannette Ortega, Assistant to the City
Administrator/Economic Development Manager via email at '[email protected].
CITY OF PLACENTIA
REQUEST FOR PROPOSALS
FOR REAL ESTATE ADVISORY SERVICES FOR AFFORDABLE HOUSING DEVELOPMENT
BAKER STREET PROPERTIES
NOTICE IS HEREBY GIVEN that the City of Placentia is soliciting Request for Proposals (RFP) from well qualified firms to assist the City on real estate advisory services for the City owned properties at 323, 307, 312 and 314 Baker Street, Placentia, CA 92870 including but not limited to developing a Request for Proposals for this location to include a high -density affordable housing development, evaluation of the proposals, and project/developer negotiations for real estate transaction.
Firms have the option of sending their Proposals via standard mail or personal delivery. Firms are solely responsible for ensuring their Proposals are received by the Development Services Department by the submittal deadline. Proposals must be received by no later than 11:00 a.m., Pacific Standard Time, on Monday, September 26, 2022, at the following address:
City of Placentia
Jeannette Ortega, Assistant to the City
Administrator/Economic Development Manager
401 E. Chapman Avenue
Placentia, CA 92870
RE: RFP for Real Estate Advisory Services - Baker Street Proposals must be signed by a representative authorized to bind the company.
Proposals submitted by facsimile or email are not acceptable and will not be considered. Proposals are to be submitted in sealed envelope with the name of the Firm and RFP title clearly marked on the outside of the envelope.
Failure to comply with the requirements set forth in this RFP may result in disqualification. Submitted Proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. Proposals cannot be changed after the submittal deadline.
No handwritten notations or corrections will be allowed.
The City reserves the right to reject all Proposals and to waive any minor informalities or irregularities contained in any Proposal. Acceptance of any Proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract.
Request for Proposals - Real Estate Advisory Services Page 2 of 10
The contract award, if any, will be made to the Firm who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City of Placentia.
INTRODUCTION
The City of Placentia ("Placentia" or "City") hereby requests Proposals from qualified firms to provide real estate advisory, develop a comprehensive RFP for developers and project/developer negotiations for real estate transaction for the City owned properties located at 323, 307, 312 and 314 Baker Street and evaluate options for potential acquisition of additional private properties for a larger development (as referenced in Exhibit A). This includes structuring public/private transactions, review of documentation which consists of Pro forma analysis, development budgets, cash flow analysis and other economic analysis (e.g. fiscal impact reports, highest and best use, tax analysis, etc.).
The Firm must demonstrate experience managing and implementing successful real estate advisory services to municipalities and a focus similar to what is desired by the City. The Firm should also demonstrate expertise in all aspects of public/private real estate transactions including affordable/workforce housing developments, as well as an understanding of project/developer negotiations.
CITY OVERVIEW
Primarily known as a bedroom community, the City of Placentia, which is nestled in northern Orange County, is a family -oriented community of approximately 53,000 residents. Incorporated in 1926, Placentia serves an area of approximately 6.7 square miles and has retained the small-town image that has remained since settlers arrived more than 100 years ago.
The City operates and maintains a full range of municipal services, including Police, Fire, Administration, Public Works, Community Services, Finance, and Community Development Departments.
The City in partnership with the Orange County Transportation Authority (OCTA) has secured funding for the construction of a new, state-of-the-art Metrolink Station and 246 -space parking structure. To take advantage of the upcoming Metrolink Station and parking structure, the City has adopted two master plans for the preservation and revitalization of the City's original Old Town and Packing House District areas. This includes the restoration of historic buildings from the 1900s, the development of mixed -use, transit -oriented development, residential and commercial buildings, and a vibrant, multi -modal environment. Collectively, these project areas will create significant economic development impacts to our local, regional and national economies.
Request for Proposals - Real Estate Advisory Services Page 3 of 10
On July 18, 2017 the City Council successfully adopted the Old Town Revitalization Plan. This zone change plan will improve and position the City's historic center to better connect with other areas of the City. The Baker Street properties described in this RFP are within this zone change. The Old Town Placentia is an asset to the City and is poised to be one of the City's key destinations. The plan will enhance the historic importance of the area and create public spaces and pathways making a cohesive small scale walkable urban village feel with retail, restaurants, offices, and residential areas. For more information about the Plan please visit www.placentia.org/oldtown .
On April 18, 2017, the City Council successfully adopted a Transit Oriented Development (TOD) Plan which rezoned the property around the proposed Metrolink Station. This new station creates an exciting prospect for TOD and allows for high density (65-95 du/ac) development, which will spur the revitalization of this area and bring in new housing, mixed use development, employment and supporting services adjacent to this major transit amenity. For more information about this Plan, please visit www.placentia.org/tod .
Both of these planning areas are within walking distance to Cal State Fullerton (CSUF), which serves over 60,000 students, many of which live within the City and in some cases, near this area.
The City in partnership with the County of Orange, Southern California Council of Government (SCAG) and Kosmont Companies formed an Enhanced Infrastructure Financing District ("EIFD"), pursuant to SB 628 and AB 313. This district offers a new platform to finance a broad array of economic development projects that generate taxes and jobs, including public infrastructure. A portion of the property tax increment (the amount above the property taxes collected in the base year of 2022) that the City of Placentia and the County of Orange receive would be specifically restricted to pay for the infrastructure projects listed in the Infrastructure Financing Plan (IFP) at an estimated cost of $8.2 million. These infrastructure improvements include street improvements, pedestrian connectivity, and landscape and lighting upgrades in Old Town Placentia. For more information about the Placentia EIFD, please visit www.placentia.org/eifd .
PROPERTY DESCRIPTION
There is one subarea in the Old Town Revitalization Plan designated for high -density residential development. This can be four stories in height and is located along Baker Street and Walnut Avenue at the southwest corner of the Plan area, just north of the railroad tracks. The City owned properties at 323, 307, 312 and 314 Baker Street are included in this area, which allows multi -family residential development by -right.
These parcels can be assembled together with the private parcels or a portion of these private parcels, with the potential of some street dedication, to be used for a high -density affordable housing development.
Request for Proposals - Real Estate Advisory Services Page 4 of 10
SCOPE OF WORK
The Scope of Work for this RFP shall include six (6) tasks:
Task 1: Review and study the City owned properties at 323, 307, 312 and 314 Baker Street and the private properties upon award of contract.
Task 2: Develop a comprehensive Request for Proposals (RFP) for the sale of the City owned properties at 323, 307, 312 and 314 Baker Street in a form acceptable by the City. Evaluate options for potential acquisition of additional private properties for a larger development.
Task 3: Assist in the evaluation of the proposals and recommendation of a qualified developer. This includes scoring and verifying developer's experience in affordable/workforce housing development, reviewing developer's credit worthiness, portfolio and funds necessary to purchase the property, and schedule of performance. Analyze various financial reports including but not limited to Pro forma analysis, development budget, cash flow analysis, and other economic analysis (e.g. fiscal impact reports, highest and best use, tax analysis).
Task 4: Assist in the real estate negotiations and in the development of an Exclusive Negotiation Agreement and/or a Purchase and Sale Agreement/Development Agreement in a form acceptable by the City and City's broker.
Task 5: Participate in up to five (5) in -person meetings with City Staff and Development Ad Hoc Committee and up to five (5) City Council Closed Session/Open Session meetings for Real Property Negotiations.
Task 6:
LOCATION
Other tasks which may be requested by the City.
The location of the specific real estate services will be for the City owned properties located at the following addresses and its respective Assessor's Parcel Number (APN):
City -Owned Properties APN
323 Baker Street, Placentia, CA 92870
307 Baker Street, Placentia, CA 92870
312 Baker Street, Placentia, CA 92870
314 Baker Street, Placentia, CA 92870
339-392-19
339-392-14
339-391-15
339-391-14
Request for Proposals - Real Estate Advisory Services Page 5 of 10
Firm shall evaluate options for potential acquisition of additional private properties, listed below, for a larger development.
Private Properties APN
320 S. Walnut Avenue, Placentia, CA 92870
320 S. Walnut Avenue, Placentia, CA 92870
Unknown Address
319 Baker Street, Placentia, CA 92870
315 Baker Street, Placentia, CA 92870
31 1 Baker Street, Placentia, CA 92870
CONTENTS OF PROPOSAL
The following should be submitted with your Proposal:
339-392-22
339-392-21
339-392-20
339-392-18
339-392-17
339-392-16
Transmittal Letter: This letter will summarize (in a brief and concise manner) the firm's understanding of the scope of work. The transmittal letter must be signed by an officer of the firm authorized to do so. Also include contact information for: (1) the person responsible for answering questions regarding this Proposal, (2) the person responsible for contract negotiation, and (3) the signer.
Schedule of Performance: This section of the Proposal should clearly list the schedule of performance as it relates to the scope of work. Please explain the scope of work as understood by the firm, and detail the approach, activities, meetings, timelines, draft and final work products, and deadlines.
Company Information: This section provides each Firm with the opportunity to demonstrate how its history, organization, and related experience differentiate it. Any additional information, which the firm considers pertinent, may be included in a brief and concise manner. The use of graphics to supplement and/or summarize written statements is encouraged.
Key Personnel: This section must provide identification of all key personnel who will be working on this project. Please distinguish the Project Manager who will be responsible for this Project. Please explain what involvement each person will have in the Project. Please distinguish if the key personnel are employees of the firm or retained sub -Firms. Include person's name, title, phone number, and email address.
References: At a minimum, provide contact information for three (3) references, at least two (2) of which are municipal or governmental agencies; including the name, contact person's name, title, address, telephone number, and email address. For each reference, provide a summary overview of Project including budget, scope of work, and timelines.
Request for Proposals - Real Estate Advisory Services Page 6 of 10
Project Fee: Provide an estimate of the fee with a not -to -exceed amount for accomplishing the tasks listed in the scope of work. As this RFP is not a brokerage/commission service, please provide a total compensation amount for real estate advisory services as detailed in the scope of work. The amount should include all travel expenses for up to five (5) in -person meetings with City staff and up to five (5) City Council meetings.
INQUIRIES
Requests from interested firms for additional information or interpretation of the information included in the RFP should be directed in writing to the following individual by no later than 5:00 p.m., PST, on Thursday, September 15, 2022.
Jeannette Ortega
Assistant to the City Administrator/Economic Development Manager Email: jortega©placentia.org
A written response will be posted on the City's website by Tuesday, September 20, 2022 at 5:00 p.m. under this RFP.
SCHEDULE FOR SELECTION AND AWARD
All dates shown are tentative and subject to change. The City will make every effort to adhere to the dates shown below. Advance notice of any changes to the schedule will be given to any firm that has submitted a response to this RFP by the deadline.
Provided below is the anticipated timeline to be followed for this RFP process:
1. Release of RFP
2. Written Questions Due Date
3. RFP Due Date
4. Evaluation of RFP Submittals
5. City Council Meeting Award
6. Notice of Selection
7. Project Commences
8. RFP Issued for Developers
EVALUATION CRITERIA
August 24, 2022
September 15, 2022
September 26, 2022
September 29, 2022
October 18, 2022
October 19, 2022
October 19, 2022
December 19, 2022
An Evaluation Committee will be established, composed of City staff. The City's Evaluation Committee will evaluate all Proposals received in accordance with the firms technical experience in performing work of a closely similar nature; record of completing the work on schedule; strength and stability of the firm; strength, stability, experience, and quality of the final product completed with other agencies. The City Request for Proposals - Real Estate Advisory Services Page 7 of 10
will evaluate the depth of Firm's understanding of City requirements and overall quality of work plan; logic, clarity, and specificity of work plan and variances proposed for the work plan; and the utility of technical or procedural innovations.
Interviews with prospective Firms may be scheduled during this evaluation period.
SELECTED FIRM
1. An Agreement with the selected Firm will be negotiated by the Office of the City Administrator. The City shall require the Firm to bind itself to the City's Professional Services Agreement.
2. Selection of a Firm's Proposal does not mean that all aspects of the Proposal are acceptable to the City of Placentia. The City retains the right to modify the terms and conditions in the Proposal or reject terms and conditions proposed by the selected Firm prior to the execution of an Agreement with the City, which the City, in its sole discretion, deems necessary to ensure a satisfactory procurement. The City may, by written notice stating the extent and effective date, cancel and/or terminate any order resulting from this RFP for cause in whole or in part, at any time.
3. The final Agreement will incorporate the RFP, the selected Firm's Proposal and all modifications and clarifications that are submitted at the request of the City of Placentia during the evaluation and negotiation process. The RFP, including all attachments and addenda, and all promises, warranties, commitments and representations in the successful Proposal of the selected Firm shall be binding.
4. No cost chargeable to the proposed Agreement may be incurred before the selected Firm has received a fully executed Agreement.
SPECIAL CONDITIONS
A. Reservations. This RFP does not commit the City of Placentia to award a contract, to defray any costs incurred in the preparation of a Proposal pursuant to this RFP, or to procure or contract for work. No payment of any kind will be provided to the Firm responding to this RFP, or parties they represent, for obtaining any of the information solicited.
B. Public Records. All Proposals submitted in response to this RFP become the property of the City of Placentia. Information in the Proposal, unless specified as trade protected, may be subject to public review. Any information contained in the Proposal that is proprietary must be clearly designated. Marking the entire Proposal as proprietary will be neither accepted nor honored. Proprietary information submitted in response to this RFP will be handled in accordance with the California Public Records Act.
Request for Proposals - Real Estate Advisory Services Page 8 of 10
C. Right to Cancel and Amend. The City of Placentia reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to:
selection schedule, submittal date, and submittal requirements. If the City of Placentia cancels or revises the RFP, all Firms that have requested to be on the project holder's list will be notified in writing.
D. Additional Information. The City of Placentia reserves the right to request additional information and/or clarification from any or all Firms.
E. Conflict of Interest. Firm covenants that the company, its officers, employees and/or agents presently have no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services requested herein by the City of Placentia.
Firm further covenants that, in the performance of any contract or agreement resulting from this RFP, no subcontractor or person having such an interest shall be employed. Firm certifies that to the best of Firm's knowledge, no one who has or will have any financial interest under any contract or agreement resulting from this RFP is an officer or employee of the City of Placentia.
F. Public Information. Firms who respond to this RFP who wish to release information to the public regarding selection, contract award or data provided by the City of Placentia must receive prior written approval from the City before disclosing such information to the public.
G. Independent Contractor. It is expressly agreed by Firm that in the performance of the services solicited by this RFP, Firm and any of its officers, employees and/or agents shall at all times be considered independent contractors and not agents of the City of Placentia.
Request for Proposals - Real Estate Advisory Services Page 9 of 10
"Exhibit A"
City -Owned Properties (Depicted in Yellow) APN
323 Baker Street, Placentia, CA 92870
307 Baker Street, Placentia, CA 92870
312 Baker Street, Placentia, CA 92870
314 Baker Street, Placentia, CA 92870
339-392-19
339-392-14
339-391-15
339-391-14
Private Properties (Depicted in Blue) APN
320 S. Walnut Avenue, Placentia, CA 92870
320 S. Walnut Avenue, Placentia, CA 92870
Unknown Address
319 Baker Street, Placentia, CA 92870
315 Baker Street, Placentia, CA 92870
311 Baker Street, Placentia, CA 92870
339-392-22
339-392-21
339-392-20
339-392-18
339-392-17
339-392-16
Request for Proposals - Real Estate Advisory Services Page 10 of 10
RESOLUTION NO. R-2022-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2022-23, Resolution No. R-2022-67, is hereby amended for the new appropriation to the account below:
Fund
Description
Department
GL Account
Amount
Type
Affordable Housing
In -Lieu Fund 405
Expenditures
related to Real
Estate Advisory
Services for Baker
Street
Development
Services
342534-6099
$36,691.70
Expense
Citywide Affordable
Housing Impact Fee
Fund 244
Expenditures
related to Real
Estate Advisory
Services for Baker
Street
Development
Services
682534-6099
$26,308.30
Expense
Resolution R-2022-67
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS le DAY OF OCTOBER 2022.
Rhonda Shader, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 18th day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-67
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: OCTOBER 18, 2022
SUBJECT: PROFFESSIONAL SERVICES AGREEMENT FOR ON -CALL
ARCHITECTURAL DESIGN SERVICES
FISCAL
IMPACT: EXPENSE: $750,000 TOTAL CONTRACT NOT -TO -EXCEED AMOUNTS (VARIOUS CIP PROJECTS)
REVENUE: $750,000 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET SUMMARY:
On May 26, 2022, Staff solicited qualifications from architectural firms to create a bench list of professional consultants to provide various building and facility design services for projects included in the Capital Improvement Program budget (CIP). A total of eight (8) qualification proposal packages were received and after a comprehensive review of each proposal by the Review Committee, the five (5) top ranking firms were selected to be placed on an on -call bench list. These firms possess the experience and expertise to deliver architectural services on a wide variety of CIP projects. This bench list will be used to provide design for various types of facilities by both Public Works and Community Services. Some of these projects include, park facilities, City Hall and Police Department remodeling and upgrades, community centers, public pool facilities and repairs for all publicly owned buildings and facilities.
Staff recommends that City Council award contracts to the top five (5) ranked firms for a 3 -year term with an option for a two-year term extension based upon performance and at the discretion of the City. Each consultant shall serve on an on -call basis and with a not -to -exceed contract amount of $150,000, the cost of which will be charged to individual project budgets. The purpose of having multiple firms on a bench list is to ensure efficient delivery of multiple capital improvement projects many of which may run concurrently. This approach allows the City to assign more specialized projects to those firms which have experience and expertise in delivering similar projects. This action will provide the City with available on -call services for all the architectural services in support of multiple CIP projects over the next 5 years.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1.h.
Oct 18, 2022
City Council Agenda
October 18, 2022
1. Approve a Professional Services Agreement with Black O'Dowd and Associates, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and
2. Approve a Professional Services Agreement with IDS Group, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and
3. Approve a Professional Services Agreement with Infrastructure Architects, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and
4. Approve a Professional Services Agreement with Rania Alomar Architect, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and
5. Approve a Professional Services Agreement with SVA Architects, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000, and
6. Authorize the City Administrator to approve any contract term extensions and amendments up to 10% of the cumulative contract not -to -exceed amount; and
7. Authorize the City Administrator to execute the above -mentioned Professional Services Agreements, in forms approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item is not part of the City Council's approved 5 -Year Strategic Goals.
DISCUSSION:
The City plans and budgets for capital projects on an annual basis within its Capital Improvement Program (CIP) Budget. The Budget allocates funds for not only the construction of each project but also for soft costs such as professional architectural & engineering design services. In preparation for delivery of the City's various CIP projects, Staff prepared an RFQ for on -call architectural design services. A total of eight (8) proposals were received from qualified consulting firms with extensive experience in design of public works' facility projects. The RFQ Review Committee consisted of the Deputy City Administrator, Director of Community Services, and City Engineer. The cumulative composite score for each firm's proposal is noted below:
City Council Agenda
October 18, 2022
On -Call Architectural & Engineering Services
Ranking
Consultant
TOTAL SCORE
1 SVA Architects
91 2
RA -DA
88 3
IDS Group
87 4
Infrastructure Architects
83 5
BOA
81 6
Archetype International
79 7
Tait
76 8
IMEG
75 Based on each firm's extensive experience and expertise in delivering architectural design services, the top five (5) ranked firms were selected to be included in the on -call consultant bench list. By utilizing more than one firm to provide these services, the City can achieve greater flexibility in delivering capital projects. Individual projects are assigned based on the type of work to be performed as the expertise and experience of each firm will vary. For instance, firms with greater experience in delivering ADA-related or building improvement projects would typically be assigned those types of projects, whereas firms with greater experience in delivering building and facility projects would then prepare those types of projects. Assigning projects in this manner will ultimately ensure the individual experience and expertise of the design to the City's projects are closely matched to the unique scopes of work to be completed on each project.
The consultants providing design services will work on an on -call basis and the contracts are structured on a time and materials basis, with a not -to -exceed amount. Each firm will submit a separate cost proposal for each project for which they will provide these services. Since payment for these services is on a time and materials basis, the overall cost to the project is dependent on the allotted working days afforded the contractor along with the complexity of the project. The complexity could require more consultant hours applied towards the kind of services needed for each project. The hours allocated by each firm to the projects to which they have been assigned is negotiated and based on actual project need, the cost of which is allocated within individual project budgets and is controlled by the hourly rates provided by each firm. The overall cost to provide architectural design services will vary from project to project and is based upon the scope of work of each individual project. The proposed not -to -exceed contract amount for each agreement is an estimate of what the City could potentially pay for these services over an initial contract term of three (3) years.
City Council Agenda
October 18, 2022
FISCAL IMPACT:
The cumulative not -to -exceed contract amount for each proposed agreement is $150,000. The award of these contacts does not commit the City to expending a specified amount for design services since the consultants will serve on an on -call, project by project basis. Funds for design services are budgeted as part of individual project budgets funded in the City's annual CIP Budget.
Prepared by:
Masoud Sep.. i, P.
City Engine rj
Reviewed an
Luiz Estevez
Deputy City Administrator
Reviewed and approved:
Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Agreement with SVA Architects, Inc.
2. Agreement with RA -DA, Inc.
3. Agreement with IDS Group, Inc.
4. Agreement with Infrastructure Architects, Inc.
5. Agreement with BOA Architects, Inc.
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
SVA ARCHITECTS, INC.
THIS AGREEMENT is made and entered into this 18th day of October, 2022 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and SVA ARCHITECTS, INC., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on -call architectural and engineering services in addition to accessibility design services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and 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, including credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations; and
C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, among other reasons, the City is hiring Consultant to perform accessibility design services at a number of sites within the City to comply with all applicable accessibility requirements. Accordingly, Consultant desires to perform these services and to bear all risk the City may bear resulting from accessibility designs that are not complaint; E. WHEREAS, 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 Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference, including but not limited to, preparing all design documents free from defects.
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, and with credentials as a Certified Access Specialist under Subchapter
2.5 of Title 21 of the California Code of Regulations. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shalt advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant
shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.
1.3. Performance to Satisfaction of C. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, 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;
(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 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. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
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 2 SVA ARCHITECTS, INC.
Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One Hundred Fifty Thousand Dollars ($ 150,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement 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.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Bilfing. 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 forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3 SVA ARCHITECTS, INC.
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. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
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. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on October 18, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three-year term.
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 at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
4 SVA ARCHITECTS, INC.
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
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 within thirty-five (35) days after service of the 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 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. City shall not be liable for any claim of lost profits.
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. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury 5 SVAARCHITECTS, INC
and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or 6 SVA ARCHITECTS, INC
on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
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 7 SVAARCHITECTS, INC
exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her 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. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
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 and who shall not be changed by Consultant without the express written approval by the City. 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 if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. 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) 72 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:
SVA Architects, inc.
6 Hutton Centre Dr., Suite 1150
Santa Ana, CA 92707
Tel: 949-809-3380
Attn: Robert M. Simons
Partner and President
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Attn: Masoud Sepahi
City Engineer
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 8 SVA ARCHITECTS, INC.
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
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. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the 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 active negligence or willful misconduct of the City.
This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of 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, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement 9 SVAARCHITECTS, INC.
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 Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, 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, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. 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, preliminary notes and working documents, 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. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
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 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 10 SVA ARCHITECTS, INC.
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 and results 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, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Furthermore, Consultant will comply with the following:
(a) Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. (b) E-Verifv. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Consultant shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e-verifv.uscis.gov/enroll . Consultant shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
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 11 SVA ARCHITECTS, INC.
incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
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. Headincs. 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 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. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the 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 12 SVA ARCHITECTS, INC.
parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
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 PLACENTIA,
A municipal corporation
Date:
Damien R. Arrula, City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
relewt At,SimDln,i
Signature
Robert M. Simons. Partner and President
Name and Title
President
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Date:
Date:
9/28/2022
13 SVAARCHITECTS, INC.
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Date:
Masoud Sepahi, City Engineer
DEPART AL GTr` ROVAL
Luis Estevez, Dep ' City Administrator
14 Date:
co(Cioz
SVA ARCHITECTS, INC.
REQUEST FOR QUALIFICATIONS FOR ON -CALL
ARCHITECTURAL ENGINEERING DESIGN ',SERVICE:;S
SVA Architects, Inc.
6 Hutton Centre Drive, Suite 1 150
Santa Ana, CA 92707
T: (949) 809-3380
www.sva-architects.com
SVA COST PROPOSAL
Hourly Rates
Listed below are the hourly rates of SVA staff and our selected subconsultants.
SVA Architects (Architect)
Partner/Principal
Senior Project Architect/Manager
Senior Designer
Project Architect/Manager
Job Captain
Intermediate Technical Designer
Junior Technical Designer
Clerical Staff
$225
$195
$185
$175
$155
$125
$100
$75
VCA Engineers (Civil & Structural Engineers)
Principal Engineer $190
Lead/Senior Project Engineer $165
Project Engineer $150
Senior CADD Technician $100
tkl sc (MEP Engineers)
Partner
Principal
Senior Director
Director
Senior Associate
Associate
Senior Engineer
Engineer II
Engineer I
Designer
Sierra West Group (Cost
Chief Estimator
Estimator)
$265
$245
$230
$210
$195
$175
$160
$140
$125
$105
$125
Reimbursables
Reimbursement for any direct expenses will be at 1.10 times the actual expense. Reimbursable expenses will include, but not be limited to, computer plots, printing and reproduction, photo work, artist renderings (if requested by Client), overnight delivery, and messenger services. SVA's in-house progress sets are excluded from reimbursement.
City of Placentia I SVA Architects 1
SVA Architects, Inc.
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707
949.809.3380
www.sva-architects.com
Transmittal
ARCHITECTS
To: Masoud Sepahi, City Engineer
City of Placentia, Public Works Department
401 East Chapman Avenue
Placentia, CA 92870
Re: Request for Qualifications For
On -Call Architectural & Engineering
Design Services
Due: 06/23/2022 by 5:00 PM
Via: Hand Delivery
Enclosed:
❑ Drawings
o Samples
o Contract
Transmitted:
X For Your Review
o To Be Initialed
o Per Your Request
o Specifications
o Correspondence
o Addendum
o For Signature
o Please Return
o For Your Records
Item Description:
Quantity
o Shop Drawings
X Response to RFQ/P
o Other:
o For Approval
o Separate Cover
o Other:
Description
USB Flash Drive w/ copy of Proposal
Cost Proposal
Remark:
From: Robert M. Simons
Partner & President
[email protected]
Copy to: N/A
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
15 SVA ARCHITECTS, INC.
REQUEST FOR QUALIFICATIONS FOR ON -CALL
ARCHITECTURAL & ENGII EERING DESIGN SERVICES
i A (C •C ['TEL
SVA Architects, Inc.
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707
T: (949) 809-3380
www.sva-architects.com
ARCHITECTS
A Letter of Transmittal
June 23, 2022
City of Placentia
Attn: Masoud Sepahi, PE, City Engineer
401 E. Chapman Avenue
Placentia, CA 92870
RE: CITY OF PLACENTIA REQUEST FOR QUALIFICATIONS FOR
ON -CALL ARCHITECTURAL & ENGINEERING DESIGN SERVICES
Dear Mr. Sepahi,
SVA Architects, Inc. (SVA) is excited to have the opportunity to submit our proposal to provide the City of Placentia (City) to provide on -call architectural services in support of various capital improvement projects for public buildings, parks, and recreational facilities. Our team has decades of relevant experience in facilities planning, design, and construction with a strong emphasis in civic facilities. Our proposed team members have been selected based on their experience and availability to commit. The City will benefit from a team that can demonstrate the following expertise:
• Civic Project Expertise — SVA and its staff have developed a diverse portfolio of civic and public sector work, including designs for new construction as well as the renovation and modernization of existing structures.
We have worked on all project types from civic centers and public safety complexes to M&O and Parks and Recreation facilities.
• Serving as "On -Call"Architects — Our team understands the expectations of this role and what an as -needed or on -call basis entails. We are currently an On -Call Architect for the City of Irvine, Glendora, Oxnard, Orange County Public Works, County of Los Angeles, to name a few. Our work with these civic clients encompasses projects of all scales.
• Local Presence — With our headquarters located in Santa Ana, SVA and our key team members have completed a variety of work in the surrounding communities that is focused on serving the public interest and cultivating opportunities for community growth. Some of our clients include the City of La Habra, City of Westminster, City of Irvine, Orange County Public Works, and Placentia-Yorba Linda Unified School District. • Cost & Schedule Control — SVA has a proven track record of projects delivered on time and on budget.
Our firm has the technical expertise and the staff resources to complete your projects successfully. We are experienced with tight timelines and rigorous budgets, and we work closely with clients and builders to develop phasing and construction strategies to minimize the impact of construction.
With a significant portfolio of relevant work, demonstrated by featured projects in this proposal, the SVA team is poised to provide the City of Placentia a fully integrated approach for your projects. Our reputation with successful projects, award -winning designs, and repeat relationships with satisfied clients make us highly qualified to collaborate with the City of Placentia. Please do not hesitate to contact me if you have any questions.
SVA acknowledges RFI No. 1 and has incorporated the information into this proposal.
Sincerely,
SVA Architects, Inc.
Robert M. Simons AIA
Partner & President II CFO II Primary Contact
E: [email protected] II C: 949.233.6391
SVA Architects, Inc.
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707
T: 949.809.3380 II F: N/A
www.sva-architects.com ARCHITECTS
City of Placentia I SVA Architects 1
B Table of Contents
A. Letter of Transmittal
B. Table of Contents
C. Summary Sheet
D. Allocation of Resources
E. Understanding of Scope of Work
F. References
G. Certifcation of Proposals
1 2
3 17
20 23
31 *Our proposal is at 29 pages when excluding cover letter, table of contents, and front/back covers.
City of Placentia I SVA Architects
2 CSummary Sheet
APPENDIX B
SUMMARY SHEET
Firm Name: SVA Architects. Inc.
Firm Parent or Ownership: Robert M. Simons - 50% Ernesto Vasquez - 50% Firm Address: 6 Hutton Centre Drive, Suite 1150, Santa Ana, CA 92707 Firm Telephone Number: 949.809.3380
Firm Fax Number: N/A
Number of years in existence: 18+
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Robert M. Simons Title: Partner & President
Telephone Number: 949.809.3380
Email: [email protected]
Fax: N/A
:Secondary contact relating to this RFQ:
Judy Cheng, Principal,
949.809.3380 / [email protected]
Project Manager (Person responsible for day-to-day servicing account):
Name: Doug Brown
Title: Senior Project Manager
of the
Telephone Number: 949.809.3380 Fax: N/A
Email: [email protected]
Types of services provided by the firm: Architectural Design, Planning, Interiors, Sustainable Design, Landscaping
City of Placentia I SVA Architects 3
TITLE
Partner & President
EDUCATION
Bachelor of Architecture,
California Polytechnic State
University, San Luis Obispo
REGISTERED ARCHITECT
C-18301
PROFESSIONAL AFFILIATIONS
American Institute of Architects
Coalition for Adequate
School Housing
Community College
Facility Coalition
California Parks &
Recreation Society
Society of College &
University Planners
ARCHITECTS
ROBERT M. SIMONS AIA
Partner -In -Charge
Robert M. Simons has devoted his 38-yearcareerto creating enduring,functional, and innovative spaces in the public sector. He believes that outstanding planning, architecture, and sustainability are foundational assets to creating effective working, learning, and living spaces. His vision for creating spaces that enhance quality of life has resulted in an array of unique developments and award -winning projects. Under his leadership, the growing firm is focused on delivering exceptional environments that benefit both faculties and learners alike. His work comprises many civic facilities throughout California. • County of Los Angeles Various Projects, Los Angeles, CA. SVA's ongoing relationship with the County of Los Angeles comprises three major recent/ ongoing projects. The first was the LEED Gold certified Quartz Hill Library.
The second involves design for the new LAC+USC Child Care Center. The third is the La Puente One -Stop Development Center.
• Orange County Public Works Various On -Call Projects, Orange County, CA. SVA is currently providing services for eight of OCPW's projects, among which are a park shelter replacement, an amphitheater remodel, multiple library modernizations and furniture specifications for all branches, juvenile hall security camera upgrade and the master plan for the Dana Point Harbor revitalization.
• City of Riverside Various Projects. SVA's relationship with the City of Riverside includes the design of two projects. The first was for the Arlanza Library. At the core of this 10,000 sq. ft. library is a public computer center that provides internet and software access. The second design was for La Sierra Senior Center. This state-of-the-art facility houses a 5,350 sq. ft. banquet hall with a stage that also features a full kitchen to accommodate the senior nutrition program.
• City of Westminster Civic Center Space Planning, Westminster, CA. SVA is providing programming and conceptual planning for the relocation of the internal functions of the City Hall into the existing Police Headquarters.
Scope includes meeting with stakeholders of both City Hall and Police Department to understand their functional requirements. • County of Santa Clara Parks and Recreation Department On -Call Projects, Santa Clara, CA. SVA is serving in an on -call capacity for various projects for the County of Santa Clara and its Parks and Recreation Department.
The first project concerns restroom renovations at the County fairgrounds, highlighted by ADA improvements, new doors and frames, and new water fountains. The other project involves path of travel and accessibility improvements for the East Valley Health Clinic.
• Placentia-Yorba Linda District Performing Arts Center, Placentia, CA.
The new 600 -seat performance facility serves as the main concert venue for the District and also accommodates a variety of theatre and drama productions. The site is also the new home for the award -winning El Dorado High School band program.
City of Placentia I SVA Architects 4
TITLE
Senior Associate Partner
EDUCATION
Master of Architecture,
Arizona State University
Bachelor of Architecture,
Arizona State University
REGISTERED ARCHITECT
C-30818
PROFESSIONAL AFFILIATIONS
National Council of Architectural
Registration Boards
ARCHITECTS
DOUG BROWN ARCHITECT, NCARB
Senior Project Manager
Mr. Brown's solid background in construction and project management has made him a highly qualified member of SVA's design development and production team and he will serve as Senior Project Manager on this project.
His contributions of design and management experience bring to the team a unique spirit of creative and thoughtful design that ultimately results in successful projects.
• Orange County Public Works Various On -Call Projects, Orange County, CA. SVA is currently providing services for eight of OCPW's projects, among which are a park shelter replacement, an amphitheater remodel, multiple library modernizations and furniture specifications for all branches, juvenile hall security camera upgrade and the master plan for the Dana Point Harbor revitalization.
• Orange County Public Library Renovations, Orange County, CA. Our team is currently working on six of the County's libraries to bring each of them up to today's standards with 21st century technology features; the renovations will provide each facility with a modern look and the design will be more responsive to emerging programs to serve all patrons, young and old. ■ City of Bell Gardens Aquatic Center, Bell Gardens, CA. The building interior will feature a new lobby entrance/reception, new staff offices, staff lounge/ break room. The outdoor area is composed of four elements: a 50m x 25yd competition pool, a 1,000 sq. ft. therapy pool, a 6,000 sq. ft. recreation pool, and a picnic area that provides shaded lounging space and bench seating with storage underneath.
• Anaheim Family YMCA Phase II, Anaheim, CA. This facility is comprised of two main components: a 10,000 SF community building and a youth activity gymnasium. The 15,750 SF Recreation Center will consist of multipurpose space, office space, a group exercise room, catering kitchen, teaching kitchen, restrooms, and a high school regulation court. e City of Gardena Community Aquatic and Senior Center, Gardena, CA. The program for the project includes a new 25 -yard (8) lane pool, diving bay, connected learner / fitness pool with ADA ramp, new bleachers & shade structures, exercise equipment, and a 12,000 square foot building that will house locker rooms for the pool as well as senior activities. ■ City of La Habra Civic Center, La Habra, CA. The project relocated the existing civic center to a business complex, as it had outgrown its space over the years. The two-story office complex was fully converted to a new City Hall that houses administration, finance, community development, public works, and engineering, along with a Post Office and an art museum.
A vacant bank was transformed into the City Council Chamber. ■ County of Los Angeles La Puente Enhanced One -Stop Development Center, La Puente, CA. The new building is defined as an approximate 7,500 SF, one-story building with public queuing/waiting spaces, interactive application workstations, and public restrooms. It will also include staff offices, open workstations, conference rooms, and a staff lunch area.
City of Placentia I SVA Architects 5
TITLE
Senior Associate Partner
EDUCATION
Bachelor of Architecture,
California State Polytechnic
University, Pomona
Architecture / Planning
Certificate, University of
Copenhagen, Denmark
REGISTERED ARCHITECT
C-18828
ARCHITECTS
MEL TAN ARCHITECT
Senior Project Architect & Designer
Mr. Tan will serve as Senior Project Architect and Designer for this assignment and brings with him over 30 years of expertise. He has extensive experience with a variety of architectural assignments including a long history with civic and public facilities. For his projects, he coordinates closely with the project committee and design team, building consensus through user feedback and integrating the comprehensive range of needs into the final design. ▪ City of Riverside La Sierra Senior Center, Riverside, CA. This state-of-the- art facility is designed to function as an active senior community clubhouse as well as a facility for various community activities. There is a 5,350 SF banquet hall with a stage that also features a full kitchen to accommodate the senior nutrition program.
■ City of Irvine Various Projects at the Great Park, Irvine, CA. SVA is providing design services for the City for three critical buildings: the Great Park Administration Building, the Public Safety Training Center, and the Maintenance & Operations Building.
• City of Riverside Arlanza Library, Riverside, CA. This new facility responds to the community's need to 'access information and technology with a dynamic digital media program. At the core of this 10,000 SF library is a public computer center that provides internet and software access. ■ West Basin Municipal Water District Water Recycling Facility & Visitor Center Renovations, El Segundo, CA. The project includes reconfiguration of the existing large conference room; construction of new large divisible meeting/conference room, restrooms, and storage rooms; remodeling of the reception and front office space area; and relocation of the control room.
It also includes a multipurpose visitor center with interpretive exhibits. ■ City of Moreno Valley Civic Center Amphitheater, Riverside, CA. The new 500-600 seat theater is anticipated to host 75-100 events a year and will serve as the city's premier performance venue. The project is articulated by a translucent precast Kalwall band shell that focuses sound to the audience and, when lit up at night, serves as a glowing beacon of cultural activity. • Orcutt Union School District Various Modernization Projects, Orcutt, CA.
SVA was chosen to prepare a ten-year master plan for the District, as well as provide architectural services for future projects. These projects include renovations to school entryways upgraded both the safety and the aesthetic look, as well as an upgraded I.T. Center, administration building renovations, and a cafeteria renovation.
• Santa Monica College Various Projects, Santa Monica, CA. SVA is collaborating with SMC on six (6) improvement projects. They include Shade Structures for both Student Services and Early Childhood Education Center, Structural and Water Intrusion repairs for both the Parking Structure 3 and the Stadium, as well as elevator upgrades and other scheduled maintenance projects.
City of Placentia I SVA Architects 6
TITLE
Director of Interiors
EDUCATION
Bachelor of Architecture,
University of Arizona
PROFESSIONAL AFFILIATIONS
International Interior Design
Association
ARCHITECTS
ROBERT PULED ASSOC. IIDA
Space Planner & Programmer
Mr. Puleo has over 30 years of professional experience in functional space planning, overall facility utilization and layout studies, interior design, and project management. He is especially accomplished in building requirements programming, existing facility evaluation studies, building renovation and relocation, floor area analysis, and space layout planning. He can also provide FF&E services if needed for the assignment.
• Orange County Public Library Interior Improvements, Orange County, CA. SVA is providing complete specifications, as well as three alternate color palettes that will include furniture finishes and upholstery. These specifications and materials will be complied into manuals that can be provided to each team overseeing library renovations or construction. • Inland Empire Health Plan Learning &Training Center, Rancho Cucamonga, CA. The project consists of over 100,000 SF of office tenant improvements and 75,000 SF of exterior/landscaping renovations. The interior tenant improvements consist of a center for learning and innovation, in addition to a wellness and workout room.
• City of Moorpark City HaII Tenant Improvements, Moorpark, CA. These tenant improvements will consist of office space, meeting rooms, and other ancillary spaces for approximately 60 people. Additionally, the design will provide a new 100 -seat city council chamber with an audio -video room and an overflow room, a new central records vault, storage, new signage, and landscaping.
• City of La Habra Civic Center, La Habra, CA. The project relocated the existing civic center to a business complex, as it had outgrown its space over the years. The two-story office complex was fully converted to a new City Hall that houses administration, finance, community development, public works, and engineering, along with a Post Office and an art museum.
A vacant bank was transformed into the City Council Chamber. • Department of Public Social Services, El Monte, CA. This project is home to 600 employees who administer public outreach programs and provide counseling for families. The lower floors of the building have been designed to house the public functions for reception, interviewing, and development skills training; the upper floors accommodate administrative and private counseling requirements with multiple office functions and systems. ▪ Monte Vista Water District Master Plan and Renovation, Montclair, CA.
SVA Architects is working with Monte Vista Water District (MVWD) in master planning its 2.8 -acre site with both new and renovated facilities. Project scope includes an expansion to the two-story administration building, relocation of the Board Room to an accessible ground level, reorganization of all of its departments, and improvement of the overall site circulation. • Department of Public Social Services, Los Angeles, CA. The Rancho Park DPSS facility is a four-story structure with three and one-half levels of subterranean parking, clad with gray granite with black granite highlights.
The corners of the building are curtain wall elements in silver metallic aluminum finish topped by balconies on the fourth floor.
City of Placentia I SVA Architects 7
Additional SVA Staff
1117:
}
Daniel Ruiz — Job Captain
Mr Ruiz has worked on a variety of civic, educational, multi -family, and mixed -use developments throughout his career. He specializes in the oversight of design drawings from the development phase through construction completion. Daniel's responsibilities will include supporting all aspects of project document development to maintain the quality of the work within the established project schedule. He received his Bachelor of Architecture from the University of Southern California David Forman AIA — Director of Quality Assurance / Quality Control Mr. Forman will be in charge of Quality Assurance/Quality Control. David has proven himself to be a versatile project architect particularly knowledgeable in technical and design areas. He will define and manage the QA/QC procedures, manage risk analysis, and resource planning, and take an active role in process inspection and improvement. He received his Bachelor of Architecture degree from California State Polytechnic University, Pomona.
Judy Cheng MBA, LEED AP _ Project Coordinator
Ms. Cheng will be the Project Coordinator assigned to this project. She has been involved with all phases of projects from schematics to construction administration for various public and institutional projects, including the firm's recent work for West Basin Municipal Water District and Inland Empire Health Plan Tenant Improvement. She received her Bachelor of Architecture from the University of Southern California and a Master's in Business Administration from the University of California, Irvine.
Jonathan Stalvey ASLA _ Landscape Designer
Jonathan is a Landscape Designer who brings experience that includes civic, hospitality, public/private parks, and master planned communities. He brings a diverse portfolio of projects with a personal emphasis on sustainability, place making, site identity, and quality. Jonathan has a collaborative and progressive design approach and believes the design process is boundless and indefinite. Jonathan graduated from California State Polytechnic University, Pomona with a Bachelor of Science in Landscape Architecture.
It became
apparent to me from
our initial meetings
that the SVA team was
committed to taking
our conceptual desires
for this facility and
translating them into
a realistic, functional
design.
Robert Simmons
Emergency Management Administrator
City of Irvine
I highly value
SVA's cooperativeness and
responsiveness during the
design and construction
phase of this very challenging
project. They have worked
successfully with the Port
staff and contractor to control
costs, comply with schedules,
and integrate sustainable
design into this project. »
Mort Rowghani
Harbor Engineer /Chief of
Program Management
Port of Los Angeles
The City had two very
successful grand openings
and are pleased with
these new additions to our
communities. SVA was flexible
in accommodating the City's
needs beyond the initial
scope. They not only met our
expectations but exceeded
them.
Richard Gonzales
Project Manager
City of Riverside
City of Placentia I SVA Architects 8
Organizational Chart for Architectural and Engineering Team Our staff of 55 professionals is ready and able to take on any and all work assigned to us by the City of Placentia. Please view an organizational chart of our proposed team below, with detailed resumes for our key staff and subconsultants on the following pages.
PLACENTIA
0 Robert M. Simons
Partner -in -Charge
SVA Architects
Key Team Members
Doug Brown
Senior Project Manager
SVA Architects
Mel Tan"
Senior Project
Architect & Designer
SVA Architects
Robert Puleo
Programmer 8 Space Planner
SVA Architects
r
Subconsultants
•
Civil 8 Structural Engineer
VCA Engineers
tklsc
MEP Engineer
tklsc
o
Sierra West Group
Cost Estimator
Sierra West Group
City of Placentia I SVA Architects 9
For the City of Placentia's on -call projects, SVA proposes utilizing the following subconsultants. We have a long history of collaborating with each of these engineers and consultants, and each is committed to providing the City with unparalleled customer service.
.40C A ENGINEERS. INC
www.vcaeng.com
tklsc
www.tkl sc.com
Sierra West Group
CONSTRUCTION CONSULTANTS
www.sierrawestgroup.com
VCA Engineers
Civil & Structural Engineer
VCA Engineers is a client -focused, service -oriented civil and structural engineering firm located in the City of Alhambra and Irvine, California. With over 30 employees, VCA Engineers, Inc. engages in a wide variety of engineering designs and services involving private and public land development, facility engineering, transportation engineering, and topographical engineering.
AlphaMEP
MEP & Low-Voltage/Technology Engineer
tkl sc is committed to bringing the highest quality results to every project. Our collaborative approach that draws on over 45 years of industry experience is what sets us apart. tkl sc delivers progressive, balanced and technically sound results through a focus on service and communication. Carefully understanding each project's goals and needs results in architecturally pleasing, sustainable and functional solutions for the lifetime of a project.
From Principals to BIM specialists, the tkl sc team brings a wealth of experience, value and expertise to each project.
Sierra West Group
Cost Estimator
Sierra West Group (SWG) brings over 23 years of experience in budgeting; conceptual/ parametric estimates; schematic and design development estimating; construction document estimates; GMP estimates; value engineering cost analysis and change order evaluation.
Civic Project Experience
City of Irvine
Great Park Administration Buildin
City of Bell Gardens Aquatic Center
r,
City of Beaumont Civic Center Master Plan
City of Riverside
La Sierra Senior Center
City of Thousand Oaks Kavli Theatre Auditorium
City of Riverside Arlanza Library
City of Placentia SVA Architects 10
C A ENGINEERS, INC.
CIVIL • STRUCTURAL
MBE • DBE ■ SBE
VIRGIL C. AOANAN, PE, SE, QSD, ENV S.P.
Principal
EDUCATION:
B.S. Civil Engineering 11979 University of Hawaii
REGISTRATION:
1983 Civil Engineer, California No. 36079
1994 Structural Engineer, California No. 3903
1990 Professional Engineer, New York No. 067561
1994 Civil and Structural Engineer, Washington No. 23349 2012 CASQA Qualified SWPPP Developer and Practitioner (QSD and QSP) 2017 Envision Sustainability Professional (ENV S.P.)
SUMMARY:
Mr. Aoanan has over thirty years of hands-on experience in civil and structural engineering related to planning, design, management, and construction of aviation, commercial, education, healthcare, housing industrial, institutional, military, municipal, recreation and transportation facilities. He has prepared and executed engineering construction documents (plans, specifications, calculations, requisitions, contracts) in multiple capacities as project manager, project engineer, lead engineer, design engineer, and construction engineer in both the civil and structural disciplines. As a Civil Engineer, Mr. Aoanan is intimately familiar with design issues related to: site development, site and facility condition assessments, public works improvements (B -Permits) storm wet utility design and capacity studies (sanitary sewer, potable and fire water), water management (LID, SWPPP, SUSMP), grading and earthwork calculations, site sustainable design (LEEDS, CHPS), site infrastructure design, capital improvement programming, roadway and streetscapes geometries, composite utilities coordination and right of way, onsite traffic/parking circulation and analysis, hydrology and hydraulics studies and design, ADA path of travel requirements. In addition, Mr. Aoanan has also extensive design experience not only in on -site improvements as described above but also in off -site improvements involving municipal and jurisdictional interfaces such as the City of Los Angeles B -Permit, California State Water Resources Control Board, California Coastal Commission or similar requirements. As a Structural Engineer, he directly managed and participated in the structural analysis, design, and construction of various types of buildings and structures, new, renovated, and/or seismically retrofitted. These building types and structures include reinforced concrete (cast in place and tilt -up), masonry, wood, and steel.
PROFESSIONAL EXPERIENCE - PROJECT LIST:
Mr. Aoanan served as Project Manager or Lead Civil/Structural Engineer for the following projects:
• City of Los Angeles, Channel 35 Studio Site Improvements — Los Angeles, CA • City of Los Angeles, Alpine Recreation Center Site Improvements — Los Angeles, CA • City of Los Angeles, Budokan Recreation Center Onsite Improvements — Los Angeles, CA • City of Los Angeles, Granada Hills Pool and Bathhouse Refurbishment — Granada Hills, CA • City of Los Angeles, Studio City Recreation Center Site Improvements —Studio City, CA • City of Los Angeles, New Woodland Hills Recreation Center — Woodland Hills, CA • City of Los Angeles, Van Ness Pool and Bathhouse Replacement — Los Angeles, CA • City of Los Angeles, Algin Sutton Pool Replacement — Los Angeles, CA • City of Los Angeles, Central RC Pool and Bathhouse Replacement — Los Angeles, CA • City of Los Angeles, Rosecrans Recreation Center Site Improvements — Gardena, CA • City of Los Angeles, Los Angeles River Greenway Project —Studio City, CA • City of Los Angeles, Proposition K Projects Task Order Solicitation (TOS) — Los Angeles, CA • City of Los Angeles, New Rio De Los Angeles State Park — Los Angeles, CA • City of Lynwood, New Lynwood Linear Park — Lynwood, CA • City of San Clemente, Ole Hanson Beach Club Rehabilitation - San Clemente, CA • City of Santa Monica, Reed Park Design of "Hat" Structure — Santa Monica, CA • City of South Gate, Circle Park Site Improvements and Restroom - South Gate, CA • City of South Gate, Hollydale Park Restroom Renovation, Grading, and Drainage - South Gate, CA City of Placentia I SVA Architects 11
CA ENGINEERS. INC.
CIVIL ■ STRUCTURAL
DBE M SBE
YOUNG K. NAM, P.E., S.E.
Principal -In -Charge
EDUCATION:
Advanced Graduate Study (PhD candidate) Structural Engineering 11985-1988University of California Master of Science in Software Engineering 11985South Dakota State University B.S. Civil and Environmental Engineering 11983 Han Yang University REGISTRATION:
1992 Civil Engineer, California No. 49470
1996 Structural Engineer, California No. 4029
2002 Structural Engineer, Korea
2004 Certified DSA Structural Plan Reviewer
2006 Registered California Emergency Management Agency Safety Assessment Program Evaluator, SAP ID # 10739 SUMMARY:
Mr. Nam is a licensed professional engineer in California and a licensed structural engineer in California and South Korea. He holds a bachelor's degree in civil engineering from Hanyang University in South Korea, and a master's degree in structural engineering from South Dakota State University. He undertook studies in Ph.D. program in structure engineering at the University of California, Irvine. For more than 26 years, Mr. Nam has designed and directed large and complex projects including new construction, historic renovations, additions, and seismic upgrades and retrofits. He has been Project Manager and Project Principal on a variety of projects including education, commercial, high-rise, healthcare, cultural, and sports. Mr. Nam is an active member of Structural Engineers Association of Southern California (SEAOSC), International Code Council (ICC), American Concrete Institute (ACI), American Institute of Steel Construction (AISC), Asian American Architects and Engineers Association (AAa/e) and Collaborative for High Performance Schools, Inc. (CHPS).
PROFESSIONAL EXPERIENCE — PROJECT LIST:
Mr. Nam served as Project Manager or Lead Structural Engineer for the following Municipal projects:
■ City of Hemet, Diamond Valley Aquatic Facility Building — Hemet, CA ■ City of Huntington Beach, Hyatt Regency New Restroom Building — Huntington Beach, CA • City of Irvine, Orchard Hills Park Structural Design for Various Park Structures —Irvine, CA ■ City of Irvine, Woodbury Community Park Structural Design of Parking Structures — Irvine, CA ■ City of Irvine, Oak Creek Community Park New Restroom Building — Irvine, CA • City of Irvine, Lower Peter Canyon Park Structural Design of Park Structure — Irvine, CA • City of Los Angeles, Los Angeles River Greenway Project - Studio City, CA ■ City of Los Angeles, Central RC Pool and Bathhouse Structural Design — Los Angeles, CA • City of Los Angeles, New Vermont Miracle Park Structural Design — Los Angeles, CA • City of Los Angeles, Granada Hills Pool and Bathhouse Refurbishment — Granada Hills, CA • City of Los Angeles, Algin Sutton Pool Replacement — Los Angeles, CA • City of Los Angeles, Alpine New Recreation Center — Los Angeles, CA • City of Lynwood, Linear Park Structural Design of Site Structures — Lynwood, CA • City of San Diego, New Petco Park Structural Design — San Diego, CA • City of Rancho Cucamonga, Central Park Restroom Structural Design of Park Structures — Rancho Cucamonga, CA • City of Beaumont, Albert Chatigny Community Center Structural Design — Beaumont, CA • City of Dana Point, Senior Center Addition Structural Design — Dana Point, CA • City of Irvine, Los Lomas Community Center Structural Design — Irvine, CA • City of San Dimas, City Hall, Structural Engineering Renovation — San Dimas, CA • City of Tracy, City Hall, Structural Engineering Improvements — Tracy City, CA • County of Orange, Mile Square Shelter Replacement — Fountain Valley, CA City of Placentia I SVA Architects 12
DAVID MITCHELL, LEED AP BD+C
Lead Mechanical Engineer
education
California Polytechnic State IJnlveisrty
Pomona
• BS Mechanical Engineer 'nu
license / registration
• LEED Accaedited Protesslonal
affiliations
An'reric:an Society of Heating,
Pefrigeratinq, and Air Conditioning
Engineers
United $tatesCreeri Building
Council Member
current workload
• Reseda High School Modernization
• Burroughs Middle School
Modernization
Irvine Valley College Fine Arts
tklsc
profile.
Joining tklsc in 2014, David brought with him over 20 years of strong experience in the construction industry in Southern California with expertise in a wide variety of project types. David's recent projects include Kaiser Permanente's Antelope Valley Specialty Medical Office Building, a flagship net -zero energy project. In addition to mechanical engineering, David brings an extensive level of understanding of how specialty services such as CFD analysis, energy modeling, commissioning, lighting design, low voltage system design, and sustainable design are used to fit into an overall integrated design process.
David's commitment to design excellence, sustainability, and professionalism make him a strong addition to our growing team.
project experience.
Orange County Juvenile Hall Security Cameras & Data Retention (Orange, CA) David was the mechanical descipline lead for the 25,000 square -foot multi- use rehabilitation facility consisting of visitation spaces, flexible program space, and a gymnasium for the Orange County Juvenile Hall. The performance of this project involves the installation of new video surveillance recording system equipment in new CCTV monitoring room located in the main building, and installation of 16 additional CCTV cameras.
Edward C. Little Water Recycling Facility Visitor Center Renovation (El Seg undo, CA) This project involved the renovation of the 9,100 square -foot public meeting spaces and exhibit gallery at the Edward C. Little Water Recycling Facility Visitor Center. The remodel included reconfiguration of the existing large conference room; construction of new large divisible meeting/conference room, enlarged public restrooms and outdoor seating areas, an expanded parking lot with electric vehicle charging stations, indigenous landscaping, and a full HVAC replacement.
Orange County Great Park District Cadence Park (Irvine, CA) David served as the mechanical descipline lead for the new, state-of-the-art school and an arts park. tklsc provided electrical, mechanical, and plumbing engineering and audio/visual systems design for eight buildings/structures including a digital arts building, visual arts building, performing arts building, pool restroom building, pool equipment building, bike hut, pool building with play element, and open shade structure.
Metropolitan Transit Authority Division 20 (Los Angeles, CA) As the mechanical lead, David led the mechanical engineering design for the three-story 86,500 square -foot facility. The facility includes rooftop parking for MTA employees, including foundations and structural framework, exterior envelope including wall and roof systems, interior construction and finish materials, service equipment, and maintenance and storage equipment.
City of Placentia I SVA Architects 13
RAY SWARTZ, PE, M I ES, LEED AP
Lead Electrical Engineer
education
University of California Riverside
- BS Physics
license / registration
Protessional Engineer - C:A
affiliations
• American Institute of Architects
Orange County Chapter
-.Society of American Military
Engineers
Illuminating Engineering Society of
North America
tklsc
profile.
Ray Swartz's responsibilities include being involved in all aspects of design operations and production activities for the firm's complete range of electrical engineering/design services. Ray acts as the Principal in Charge, as well as the project's Electrical Engineer of Record for all projects with which he is involved.
His day-to-day involvement with each project ensures a coordinated quality design that will result in a highly successful end product. Ray also specializes in architectural lighting design/consulting and has been responsible for innovative and creative lighting designs that have enhanced the utility, comfort, and grace of numerous architectural and landscape projects.
project experience
San Bernardino High Desert Government Center (Hesperia, CA) - Ray served as the Electrical Project Executive for this 66,100 square foot, two-story county LEED Gold Certified government building and emergency operations center (PSOC). The building houses branches of the county clerk, recorder, assessor, code enforcement, environmental health, public works, planning, building and safety, fire and veterans' affairs agencies. Construction cost approximately $20 million dollars.
Hesperia Government Center/Police Department (Hesperia, CA) - Ray worked with the electrical team on the design and build of this two-story 40,000 square foot Law Enforcement Facility. The new municipal government center includes a 45,000 square foot City Hall building, 20,000 square foot library building and a 40,000 square foot Police Station Facility. This projct is LEED Gold Certified with a construction cost of approximately $71.7 million.
US Federal Bankruptcy Court / Stanislaus County DA Office (Modesto, CA) - Ray led electrical efforts on this new new -story, 78,000 square foot building with an adjacent six -level/ 600 car parking structure. The project was designed to GSA standards and houses the local US Trustees Court as well as the Stanislaus County District Attorneys office.
Riverside County Law Building (Indio, CA) - 90,000 square foot office building housing the Indio branch of the Riverside County Law Library and offices for the district attorney, public defender and county counsel. This building achieved LEED Platinum Certification.
Chino Hill Government Center (Chino Hills, CA ) - Ray collaborated with the electrical team as the project lead for this new 128,000 total square foot city government facility in four separate buildings;. City Hall, Fire Administration, Sheriff Facility, and County Library. The Sheriff's Facility was designed to meet the required essential facility standards.
City of Placentia I SVA Architects 14
RUSSELL GAULT, LEED AP
Lead Plumbing Designer
education
phoenix x CCillegr€
• AS Appliod Science
license / registration
• LEEI:)Accredited Professional
affiliations
Internatiorial As,oe.iation of
Plumbing rind Mechanical
Officials
,Arnerican Society ot Plumbing
Engineers
current workload
Irvine: Valley College Fire Arts
VA Parking Structure
PaVenSw(od Middle School
tklsc
profile.
With over 35 years of experience in plumbing and fire protection system design, Russ has become the leader of our plumbing department. Having been involved with some of the most significant projects in our firm's history, Russ brings a strong ability to understand project requirements, respond to client needs and communicate with industry professionals contributing to overall project success. Russ has worked on build -to -suit, commercial, hospitality, educational and civic projects with an emphasis of bringing value throughout all phases of project development and construction.
project experience.
Yorba Regional Park Maintenance Building Renovations (Yorba Linda, CA) Russell served as the plumbing lead to improve an existing 925 square -foot maintenance office facility. The plumbing scope included replacing existing fixtures, a water heater with a circulating pump, and a new garbage disposer.
OC Great Park Cadence Park (Irvine, CA) Russ served as the plumbing descipline lead for the new, state-of-the-art school and an arts park. tklsc provided electrical, mechanical, and plumbing engineering and audio/visual systems design for eight buildings/structures including a digital arts building, visual arts building, performing arts building, pool restroom building, pool equipment building, bike hut, pool building with play element, and open shade structure.
Edward C. Little Water Recycling Facility Visitor Center Renovation (El Segundo, CA) Russ served as the plumbing lead for the renovation of the 9,100 square -foot public meeting spaces and exhibit gallery at the Edward C. Little Water Recycling Facility Visitor Center. The remodel included reconfiguration of the existing large conference room; construction of new large divisible meeting conference room, an expanded parking lot with electric vehicle charging stations, indigenous landscaping, and a full HVAC replacement.
Dana Point Harbor Revitalization Parking Building (Dana Point, CA) As part of this harbor revitalization project, Russ served as the lead plumbing engineer. He was involved in all aspects of this three -level 322,561 square -foot naturally ventilated above- ground parking structure to accommodate 968 vehicles from feasibility through construction administration. Additional scope included event space and restroom design, dry utility coordination, and low voltage services.
Riverside County Law Building (Indio, CA) Russell led the plumbing design and worked closely with the project team to develop a system design that met the project and owner's requirements. The facility is approximately 90,000 square -foot office building housing the Indio branch of the Riverside County Law Library and offices of the offices for the district attorney, public defender, and county council. This facility achieved a LEED Platinum Certification.
City of Placentia I SVA Architects 15
PROFILE
JOHN MORENO
Chief Estimator, Vice President
Q (916) 925 4000
[email protected]
O 9700 Business Park Drive #102
Sacramento, CA 95827
EDUCATION
• AA -Construction. Butte Community
College, Chico. CA
• RS Means Electrical Estimating
• RS Means Mechanical Estimating
• CSUS & ARC Estimating
AFFILIATIONS
Association of Professional Estimators
(ASPE)
Construction Specifications Institute
(CSI)
Association of General Contractors
(AGC)
Sierra West Group
CP•AI•YCIlP• C6Ml4hif1,1!
PROFILE
Mr. Moreno offers a diverse range of construction expertise. He brings with him over 23 years of experience in construction and estimating.
Specializing in mechanical and electrical work, his participation ranges from the conceptual planning phase through design and final construction. With an extensive knowledge base, Mr. Moreno has a proven record and is known for his ability to work with clients to produce quality results.
PROJECT ROLE
John leads the cost estimating efforts for Sierra West Consulting Group, Inc. He works closely with the entire team through each phase of the project to provide a series of successively refined estimates as the project scope is clarified to assure that the project remains within the budget parameters.
PROJECT EXPERIENCE
• City of Irvine Various On -Call Projects, Irvine, CA
• Rancho Santiago CCD Various On -Call Projects, Santa Ana & Orange, CA
• Inland Empire Health Plan Learning & Training Center, Rancho Cucamonga, CA
• Monte Vista Water District Master Plan & Renovation, Montclair, CA
• West Basin Municipal Water District Water Recycling Facility & Visitor Center Renovations, El Segundo, CA
• City of Esparto Community Park & Aquatic Center,
Esparto, CA
• Pio Pico Adobe Restoration, Whittier, CA
• De La Oso Adobe, Encino, CA
• Santa Barbara Fire Department Training Center, Santa Barbara, CA
• Border Field Park & Recreation Center, San Diego, CA
• Silverwood Lake Park & Recreation Area, San Bernardino, CA • County of Santa Clara Parks & Recreation Department On -Call Projects, County of Santa Clara, CA
• Placer County Various On -Call Projects, County of Placer, CA • City of Mountain View Public Safety Headquarters, Mountain View, CA
• CALSTRS Office Renovation, Sacramento, CA
• County of Fresno Office Building Renovation, Fresno, CA • City of Manteca Building H Renovation, Manteca, CA
• City of Elk Grove City Hall Addition, Elk Grove, CA
• California Highway Patrol Field Office Renovation, Bakersfield, CA
City of Placentia I SVA Architects 16
D
Allocation of Resources
Description of Firm
SVA Architects, Inc. (SVA) is the natural evolution of decades of innovative and award -winning architecture, master planning, and sustainable design achievements. Mr. Robert Simons AIA and Mr. Ernesto Vasquez FAIA founded the company in 2OO3. Since its inception, SVA has advocated for the development and improvement of healthy communities through creation of public and private projects. We regularly and avidly interacted with public agencies, cities, counties, colleges, universities, and school districts to bring the goals of viable communities to fruition. As President and CEO, they each have over 35 years of architectural experience and have utilized this expertise and skill to guide the SVA team in designing a wide range of 21st century facilities.
A leader in sustainability through effective design, SVA has a strong portfolio of LEED-certified and Zero Net Energy projects. We strongly emphasize cost-effectiveness solutions for our projects, balancing thorough analysis of each site, objectives, delivery schedule, and contractual items to deliver functional and sustainable designs.
The key to our success is adopting our client's goals and making them our own. With our extensive industry experience, our partners and team members are committed to client satisfaction.
Some of our current and recent civic clients are featured below.
THE SVA TEAM
CITY OF OAKLAND
Cathedral City
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CUPERTINO
Metropolitan
Transportation
Authority
Cparks t'C PublicWorks
Public Libraries
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City of Placentia I SVA Architects 17
IN-HOUSE RESOURCES
SVA Architects is a substantial architectural firm; we provide full architectural services, including architectural design, planning, interior design, sustainable design solutions, needs assessment, and master planning.
Architectural Design — SVA has extensive experience in a wide variety of architectural designs for educational, civic, institutional, residential, mixed -use, commercial, hospitality, and recreational developments. The firm's rich history includes award -winning projects responding to the needs of both the local community and the end users. SVA offers a full range of architectural design services that includes programming, entitlements, conceptual design, schematic design, design development, construction documents, construction administration, and post -occupancy services. Our team of qualified experts works together in an interactive manner to ensure quality results at each stage of the process.
Planning — SVA provides needs assessment and master planning services, with scope of services including preliminary analysis, site opportunities and constraints analysis, land planning and circulation studies, programming with a series of stakeholder workshops, development of design standards, project coordination, and final master plan documentation.
A specific work plan with a phasing schedule will be established according to our client's vision and goals.
Interior Design — SVA creates memorable environments reflecting the character and values of our clients, while promoting healthy places to enhance the experience of all participants in an innovative and responsible manner. SVA's Interior Design Studio manipulates space, forms, materials, and light to create appealing and functional spaces for a diverse client group that includes educational, commercial, resort, residential, retail, and institutional users.
Sustainable Design Solutions — SVA believes that sustainable design should be viewed as an integral part of every project rather than as an add-on and, thus, employs an integrated design approach for project delivery. This approach relies on continuous communication and coordination between project team members and key stakeholders to set goals for project performance, evaluate sustainable design strategies, and validate design and construction elements to ensure delivery of a project that blends sustainability with aesthetics, maintainability, and appropriate economy.
Landscape Design — SVA's landscape design team provides a full range of landscape design services, creating attractive and functional environments that showcase imaginative design while blending seamlessly with the surrounding ecosystem.
_ an r-,;4 lit
IX ItA
City of Placentia I SVA Architects 18
Cost Control
Cost control is a constant goal of management and is placed as a permanent item on the project meeting agendas.
SVA Architects keeps up-to-date records of building system costs for its past and current assignments in an effort to monitor the costs of construction. Our team's proactive cost management approach to providing cost estimates assures our clients are getting the most for their invested dollar as well as accurate pricing based upon our local market analysis and our understanding of the national economy. We employ a proven process that delivers the goals and objectives set by the client on time, on budget, and within quality standards. The detailed process of development of our estimate which includes checking the costs with the industry assures our ability to have an accurate estimate through each phase of the development.
Schedule Control
For schedule control, we establish a detailed work plan at the start of each phase, indicating the major tasks and milestones to be accomplished by each team member. This schedule is used to track the progress of design and construction throughout the assignment. We maintain a continuous communication with our clients, focusing on the important design, cost, and schedule issues to ensure both technical accuracy and timeliness of delivery.
This is invaluable in fostering a team spirit for successful project completion. With substantial project experience, SVA has an excellent understanding of what it takes to provide a realistic and efficient project schedule. We have decades of experience and have maintained excellent relationships with various local jurisdiction, including the Fire Marshal.
Quality Assurance/Quality Control
The SVA team firmly believes that the key to a successful quality assurance plan and process is the commitment of not simply a few key members but the entire team. It is the responsibility of all project team members to maintain the highest quality of standards for all project documentation at all times. Every project is reviewed by the project manager as well as SVA's QA/QC Director (David Forman, AIA) who provides a fresh set of eyes to both architectural and engineering drawings; David has over 30 years of project experience. Reviews are built into the project schedule at the kickoff meeting, and deadlines are established for all responses. In addition, page turns are scheduled at the completion of Design Development and Construction Document stages to review scope and re -confirm design intent with the client. Outlined are the assets that the SVA team brings to the QA/QC process.
Revit Software - The ability to effectively integrate BIM is a significant part of SVA's Quality Assurance effort.
The nature of the software allows our team to spend time more efficiently on design ideas and technical implementation. Revit has eliminated many of the manual procedures that exist in traditional CAD processes in preparing documents.
Training - The SVA team utilizes a thorough and ongoing internal training program to remain current in methodologies and standards. We publish these standards internally, distribute them through our Intranet, and review them with our teams at regular in-house training sessions.
Document Delivery Checklists - During the design process, the SVA team incorporates tracking documents that monitor the status of deliverables and information required as part of the drawings at major project milestones.
Detail Standards - The SVA team has established multiple standard detail and project note sheets that outline essential technical information that is consistent from project to project. These standards address accessibility, life -safety and code requirements, and other key building components.
Library of Project References - Throughout the years, SVA has compiled a vast library of projects documented and constructed that are available for our staff to use as references and we use these at our regular internal training sessions.
City of Placentia I SVA Architects 19
E Understanding of Scope of Work
We have reviewed the scope of work and services set forth in Section 4 of the RFQ and we have a good understanding of the A/E team's responsibilities for projects of this nature. Below is an outline of the typical services we will provide, it will be customized with City's input when project details are defined.
Project Orientation
Members of our project team will conduct an initial meeting with City staff, facilities team, and other stakeholders to review the project objectives and planning premises. We will tour the existing facility and site to better understand the stakeholders' concerns and their goals. We will obtain and review any existing plans and documents pertinent to the development of the project. Additionally, we will discuss the organizational structure, time schedule, project budget, and other special areas of interest to the City. We will also establish the key architect and client responsibilities, the suggested procedures and priorities, and the methods for work review and approval during the course of the project.
Input meetings regarding the architectural programming and design issues will be conducted during the concept master planning and programming phase. Additional meetings will be conducted for review of the Schematic Design Phase and final review of the final design proposed.
Schematic Design
Schematic design studies will be developed based upon the results of the conceptual design phase. Sketch studies will be prepared depicting relationships of functional areas, building utilization, and the primary interior activity relationships related to the building and program adjacencies. Schematic site and floor plans, building elevations, building sections and preliminary landscape/parking plans will be prepared. Schematic site studies will also be prepared in order to create architectural site plans to indicate functional site requirements, vehicle and pedestrian circulation systems, signage, etc. All major program elements for a completed project with any requirements for future phasing or program expansion will be outlined.
The schematic design documents will be evaluated for the purpose of comparing major advantages and disadvantages, as well as cost considerations. Criteria will be established for all major engineering systems, and will be compared to consider the programmatic, security, environmental, operational and maintenance characteristics. Reviews will be established with the project committee and with applicable governing agencies. A preliminary building code analysis will be reviewed at this time. A preliminary estimate of construction costs will be prepared. At the conclusion of the schematic design phase, a final design concept will be defined and approved.
Completion of schematic design documents, sketches, studies, and analysis will occur. A preliminary material board will be prepared based upon the final design concept. Upon completion of schematic design components, the preliminary design will be presented for review and approval.
Design Development
Design development drawings, outline specifications, and preliminary engineering calculations and analysis will be performed for all major disciplines. Drawings will reflect architectural, interiors, civil, landscape architectural, structural, electrical / mechanical, and specialty design components. Detailed development of project components will occur. Construction materials, methodologies, major products and materials, and required equipment will also be determined.
Design development concepts will be prepared and defined based upon function, security, permanency, quality, and cost. Structural design studies will be completed to primarily assess the best structural concepts for the facility.
The mechanical system design will be developed based upon zoning requirements, capacities, and program criteria. Power services, lighting, telephone, communications, etc. will be identified and reviewed.
City of Placentia SVA Architects 20
An outline set of specifications and a preliminary draft of the final project manual will be created including bidding and contract requirements, general conditions, and all division one requirements. A second estimate of construction costs will be developed. Wherever possible, based upon the amount of detail available, area and material take -offs will be prepared with estimates of labor, overhead / profit, and general condition requirements.
Construction Documentation
Based upon the results of previous reviews, the final design of the project will be coordinated with the stakeholders.
Design development documents will be revised and refined accordingly. The design team will prepare all final construction documents, drawings, and supporting calculations. All engineering systems design will be finalized and completed. A final interiors color and material presentation board will be prepared and submitted for review and approval. The design team will coordinate and check documents. The design team will prepare and coordinate the construction contract contents of the project manual including the technical specifications, bidding package, general conditions, and division one requirements.
Updated estimates of construction costs will be prepared during this phase. The final construction documents, project manual, supporting calculations, and final cost estimate will be presented to the City for final review and approval. Construction documents will be submitted to the local jurisdictions for plan check and permit approval.
The design team will make all necessary revisions and corrections consistent with all agency reviews and will obtain final approvals from all governing authorities in order to secure final plan check approval.
Bidding Phase
Contract documents and bidding requirements will be assembled and incorporated into the project manual. The design team will assist the project committee in the modification of certain parts as may be required by construction manager review pertaining to the instructions to bidders and agreements for construction. The design team will coordinate distribution to contractors, assistance with a construction pre -bid conference, and availability to answer bidder's questions during the bidding phase. Any necessary addenda will be prepared, and our design team will assist the City in evaluating all of the bids and the related bidder's qualifications. The design team will make recommendations to the project coordinator for award of the construction contract.
Construction Administration
Our design team will provide construction observation on a scheduled basis to observe the progress of construction, quality of work, and to determine if general compliance with drawings and specifications is being achieved. Our design team will advise the City of any deficiencies observed in the work during construction. Both an administrative and physical review of the status of the project will be conducted. We will review and prepare meeting minutes, make recommendations, prepare and process field revisions and clarifications, construction changes authorizations, and any necessary change orders.
The design team will review shop drawings, testing and
inspection reports, and product / material samples submitted by the contractor. We will monitor the status of construction in order to review and process the contractor's application for payment on a monthly basis.
SVA will review and monitor the construction schedule as required. Specific attention will be given to major phases and events related to determination of overall critical path. Specific job site reviews will be conducted in order to determine the point of substantial and final completion. A detailed punch list will be created for each space, building component, or site element in a detailed manner by the design team and submitted to the contractor for correction and completion. At the time of final completion, the design team will conduct a final job site review.
City of Placentia I SVA Architects 21
PROJECT DEVELOPMENT PROCESS
Below is a graphical representation of the typical scope for each project phase. This will be customized for each project with our client's input.
STEP-BY-STEP PROJECT DEVELOPMENT PROCESS
PRE-DESIGN/PLANNING FEASIBILITY STUDY
DATA COLLECTION 8
ASSESSMENT
KICK-OFF AND
CONSENSUS BUILDING
PROGRAMMING
CONCEPTUAL DESIGN
PROJECT TEAM
KICK-OFF MEETING
REVIEW EXISTING
DOCUMENTATION
DISTRIBUTE QUESTIONNAIRE
TO DEPARTMENT REPS.
ESTABLISH TEAM
RESPONSIBILITIES
DISCUSS TIMELINE
& MILESTONES
ASSESS/CONFIRM
CONDITION OF EXISTING
FACILITIES
REVIEW
PROJECT GOALS
IDENTIFY PROJECT
OPPORTUNITIES &
CONSTRAINTS
FACILITATE COMMUNITY
OUTREACH TO IDENTIFY:
- SPECIFICATIONS
- PERSONNEL & SPACE
REQUIREMENTS
- FUNCTIONAL ADJACENCIES
DEFINE, ANALYZE AND
DOCUMENT FEASIBILITY OF
THE PROPOSED OPTIONS
STAKEHOLDER
WORKSHOP(S)
IDENTIFY & COLLECT
ADDITIONAL DATA AS
REQUIRED
DEVELOP PROJECT/ SPACE
PROGRAM
ALIGN PROPOSED SCHEDULE
ANALYZE SUSTAINABLE
DESIGN APPROACH
DELIVERABLES/
DOCUMENTATION TO
INCLUDE:
- EXECUTIVE SUMMARY
- SPACE NEED ASSESS
-PRELIMINARY CONCEPTUAL
STUDIES
- CODE ANALYSIS
-PROJECTSCHEDULE
- PRE -DESIGN ESTIMATE
- DESIGN GUIDELINES
DEVELOP SUSTAINABLE
DESIGN CONCEPTS
GENERATE PHASING
OPTIONS IF NECESSARY
SELECT DESIGN CONCE
MI ME
' ' !• Ilil� lm mu min Pm llll� llll� llll� llll� illy llll� llll� 1111(♦ i� DESIGN
VALIDATE EXISTING
CONDITIONS AND AS -BUILT
ACCURACY
FURTHER DEVELOP &
DETAIL INTEGRATED
PLANS, SECTIONS, INT.
ELEVATIONS
FULLY DEVELOP DETAILED
DRAWING SET AND
SPECIFICATIONS
OBTAIN FINAL
JURISDICTION REVIEW AND
APPROVAL
PREPARE DETAILED
WORKPLAN
• m•
111
1 1
1 IMPLEMENTATION
SCHEMATIC
DESIGN..
DESIGN
DEYEJ..QRMENT
CONSTRUCTION
DO UMENTA 1Q
APPROVALS/
BID t PERMIT
CONSTRUCTION
ADMILHSTRATQN x
TRANSLATE VISION &
PROGRAM INTO DESIGN
CONCEPTS
ASSIST USER GROUP WITH
FF&E SELECTION
REVIEW& COORDINATE
WITH SUB -CONSULTANTS
ISSUE BID PACKAGE
FACILITATE WEEKLY
CONSTRUCTION
MEETINGS
DEVELOP BLOCK PLANS,
TEST FITS, RENDERINGS
ENSURE CODE
COMPLIANCE
FINALIZE COST ESTIMATE
ANALYZE PRELIMINARY
SYSTEMS & BUILDING
COMPONENT
UPDATE COST ESTIMATE
PROVIDE
CONSTRUCTABILITY
REVIEW
IDENTIFY & VERIFY CODE/
AGENCY REQUIREMENTS
PROVIDE QUALITY
CONTROL
PREPARE COST ESTIMATE
REFINE SPECIFICATIONS
PROVIDE VALUE
ENGINEERING AS
REQUIRED
ASSIST WITH BIDDING
PROCESS INCLUDING
BID ADVERTISEMENT,
JOB WALK, ADDENDA
PREPARATION, AND
RESPONDING TO RFI'S
PROVIDE CONSTRUCTION
OBSERVATION
PROCESS SUBMITTALS &
RFI'S
BID EVALUATION
REVIEW & PROCESS
CHANGE ORDERS
OUTLINE SPECIFICATIONS
SUBMIT FOR PRELIMINARY
PLAN CHECK AS REQUIRED
SUBMIT CONSTRUCTION
DOCUMENTS FOR PLAN
CHECK AND APPROVALS
AWARD CONTRACT
PREPARE PUNCH LISTS I
INITIATE GOVERNMENTAL
AGENCY REVIEWS AS
REQUIRED
SELECT COLOR AND
MATERIAL
FILE NOTICE OF
COMPLETION
CERTIFY FINAL PAYMENT
PROJECT CLOSE OUT
BUILDING OCCUPANCY
City of Placentia SVA Architects 22
F References
ORANGE COUNTY PUBLIC WORKS VARIOUS ON -CALL PROJECTS
ORANGE COUNTY, CALIFORNIA
. PublicW o rks
I 230'
SVA has or is currently providing services for Orange County Public Works on seven different projects. A few of the projects are listed below:
Mile Square Park Shelter #3 Replacement
The picnic shelter #3 replaces a group of old and rotting wood shelters, picnic tables, service counters with sink, and BBQ grills.
Carbon Canyon Amphitheater Remodel
The project includes installation of new seating for 500-600 people, a covered staging area, lighting and power at the stage.
Craig's Park Sports Complex Update
This project is to remove and replace approximately 2,555 SF of existing wooden lattice structure.
Yorba Maintenance Building Remodel
The project includes the renovation of the existing Maintenance Yard Operations Office.
AGENCY / CLIENT
Orange County Public Works
CONTACT
Cecelia Varela
Project Manager
601 N Ross St,
Santa Ana, CA 92701
T: 949.266.7286
E: [email protected]
PROJECT DATES
2016 - Ongoing
City of Placentia I SVA Architects 23
ORANGE COUNTY PUBLIC LIBRARIES VARIOUS MODERNIZATIONS
ORANGE COUNTY, CALIFORNIA
II�1i1 ' �iiiillo! ifi
Orange County Public Libraries selected SVA to design the interior standards for both the development of all planned interior renovations of existing County libraries and construction of all new public libraries.
Orange County has begun a program of County -wide renovations with a dozen projects currently on the board.
Our team is currently working on the following six libraries to bring each of them up to today's standards with 21st century technology features; the renovations will provide each facility with a modern look and the design will be more responsive to emerging programs to serve all patrons, young and old.
Cypress Branch Library
Rancho Santa Margarita Library
San Juan Capistrano Regional Branch Library
Westminster Public Library
Dana Point
Aliso Viejo
AGENCY / CLIENT
Orange County Public Libraries
CONTACT
Mathew DeHart
Project Manager
333 W. Santa Ana Blvd.
Santa Ana, CA 92701
T: 714.667.4972
E: [email protected]
PROJECT DATES
2019 - 2023
City of Placentia I SVA Architects 24
COUNTY OF SANTA CLARA FAIRGROUND RESTROOM RENOVATION
SANTA CLARA, CALIFORNIA
SVA is serving in an on -call capacity for various projects for the County of Santa Clara and its Parks and Recreation Department. The first project concerns the restroom renovation of three buildings, known respectively as "The Pavilion," "Exposition Hall," and "The Fiesta," at the County Fairground. The scope of the project covers numerous modernizations and safety upgrades including modified slope entrances, new concrete walkways, drinking fountain replacements, new ADA door and wall signages, new doors, frames, and hardware, tile repair, and new paint.
SVA is working on three other projects with the County, which include a CASp report/ADA assessment for their fairground complex, the Parkmoor Office Building Demolition, and the Santa Cruz Recovery Center relocation.
AGENCY / CLIENT
County of Santa Clara
CONTACT
Karl Bakke
Construction Project Manager
2310 N First St. Suite 200
San Jose, CA 95131
T: 408.993.4617
E: [email protected]
PROJECT DATES
Ongoing
City of Placentia SVA Architects 25
CITY OF WESTMINSTER CIVIC CENTER SPACE PLANNING
WESTMINSTER, CALIFORNIA
SVA has been retained in conjunction with DLS Builders by the City of Westminster to redesign the existing Public Safety building located in the heart of the Westminster Civic Center complex to accommodate the growing needs of City Hall staff. This challenging assignment reimagines the office work areas of the building to creatively accommodate City Hall staff while sequestering secured police facilities. The goal of the project is to accommodate approximately 17,000 sq. ft. of workspace for City Hall staff within the confines of the existing underutilized spaces of the Public Safety department and transform the building into a new combined City Hall/Public Safety facility. Modifications will be made to every level of this three-story complex and will be phased to allow continuous occupancy of the building.
Additionally, SVA will study creating a new separate building to accommodate the Council Chambers for City Hall along with additional conferencing facilities.
PM
AGENCY / CLIENT
City of Westminster
CONTACT
Alexa Smittle
Community Developement Director
8200 Westminster Blvd.
Westminster, CA 92683
T: 714.548.3674
E: [email protected]
PROJECT DATES
2021-2022
City of Placentia I SVA Architects 26
WEST BASIN MUNICIPAL WATER DISTRICT
EDWARD C. LITTLE WATER RECYCLING
FACILITY VISITOR CENTER RENOVATION
EL SEGUNDO, CALIFORNIA
The driving design theme behind this renovation was Education. The goal was to create a Visitor Center that educates the general public on the Water District's dynamic and vital role in the water cycle. The newly designed visitor center features an enlarged and remodeled public lobby space and a newly constructed conferencing center where interpretative exhibits and multimedia presentations educate visitors on the five "designer waters" the facility produces. The project also includes reconfiguration of the existing large conference room; construction of new large divisible meeting/ conference room, enlarged public restrooms and outdoor seating areas, an expanded parking lot with electric vehicle charging stations, indigenous landscaping, and a full HVAC replacement.
,68.664.
it
AGENCY / CLIENT
West Basin Municipal Water District
CONTACT
Kevin Cullen
Water Resources Engineer
1935 S Hughes Way
El Segundo, CA 90245
T: 310.660.6259
E: [email protected]
PROJECT DATES
2015 - 2019
City of Placentia I SVA Architects 27
htthda
INLAND EMPIRE HEALTH PLAN TENANT IMPROVEMENT
RANCHO CUCAMONGA, CALIFORNIA
The project consists of 100,000 sq. ft. of office tenant improvements and 75,000 sq. ft. of exterior/landscaping renovations. The interior tenant improvements consists of a center for learning and innovation, in addition to a wellness and workout room. IEHP's objective is to provide a dedicated space for non - department specific company training and development such as leadership trainings, provider meetings, certification programs, orientations, community meetings, retreats, and college course classes.
IEHP also promotes and encourages employee health and wellness education.
To continue supporting this vision, the improvements will also include a yoga studio, aerobic room, fitness equipment, shower facilities, and interior mile markers.
AGENCY / CLIENT
Inland Empire Health Plan
CONTACT
Briana Esparza
Business Analyst/ Project Specialist
10801 6th St. #120
Rancho Cucamonga, CA 91730
T: 951.396.3099
E: [email protected]
PROJECT DATES
2018 - 2020
City of Placentia I SVA Architects 28
CITY OF LA HABRA CIVIC CENTER RENOVATION AND EXPANSION
LA HABRA, CALIFORNIA
This project features the relocation of the Civic Center to an existing business complex directly across the street on La Habra Boulevard. The old civic center had dim corridors along with confusing split departments and an infrastructure not ready to accommodate today's technology. The new City Hall houses all departments and functions including administration, finance, community development, public works, and engineering. Moreover, the new location provides space for the existing Post Office, new Police evidence storage, and training workshop space. One of the key design features of the new City Hall is the transformation of the exterior courtyard to an enclosed atrium -style lobby, filled with natural light, this now serves as the central hub for all the City's services. The project also adapted the adjacent old bank building into the new Council Chambers including utilizing the vault as the public record file room. The new Civic Center is responsive to the vision of the City and its leaders while considering its community's various needs.
The modernized and more sustainable facility provides a space for residents and employees to do business as well as the capacity to conduct large community events and private functions.
AGENCY / CLIENT
City of La Habra
CONTACT
Roy Ramsland
Planning Manager
201 E La Habra Blvd.
La Habra, CA 90631
T: 562.383.4100
E: ramslandOlahabraca,gov
PROJECT DATES
2014 - 2017
City of Placentia
SVA Architects 29
COUNTY OF LOS ANGELES LA PUENTE
ONE -STOP DEVELOPMENT CENTER
LA PUENTE, CALIFORNIA
The new project located on a 32,752 sq. ft. site will include the construction of a new facility and demolition of the existing facility and a surface parking lot.
The new building is defined as a 7,500 sq. ft., one-story building with public queuing/waiting spaces, interactive application workstations, and public restrooms. It will also include staff offices, open work stations, conference rooms, and a staff lunch area. The existing building will remain in operation until the new building is constructed. Then demolition will commence followed by site development work.
AGENCY / CLIENT
County of Los Angeles
CONTACT
Andre Calderon
Capital Project Management
5040 W Ave. M2
Quartz Hill, CA 93536
T: 626.418.0204
E: [email protected]
PROJECT DATES
2019 - 2023
Terminations
SVA has not had any contracts terminated by an public agencies in the last three years.
City of Placentia l SVA Architects 30
GCertifications of Proposals
APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQ), dated June 2022, and to be bound by the terms and conditions of the RFQ.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated June 2022.
5. This firm has carefully read and fully understands all of the items contained in Section 7, General Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 90 days from June 22, 2022.
Name of Firm: SVA Architects, Inc.
By:
(Authorized Signature)
Type Name: Robert M. Simons
Title: Partner & President
Date: 06/23/2022
City of Placentia I SVA Architects 31
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
16 SVA ARCHITECTS, INC.
y
,`' " CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
0/07/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Aon Risk Services Central, Inc.
Chicago IL Office
200 East Randolph
Chicago IL 60601 USA
CONtACT
NAME:
11VC. Na, E:t): (312) 381-1000
AX
(A C. No,): (312) 381-7007
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURED
SVA Architects, Inc.
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707 USA
INSURER A: Evanston Insurance Company
35378
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
ICATE NUMBER: 574095994915
REVISION NUMBER:
THIS fS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER(OII
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Limits shown are as requested ILTR
TYPE OF INSURANCE
toSD
VNDR
POLICY NUMBER
(MMIDDIYYYY)
MM100Y
POLICY EXP
IMMlpDlYYYY]
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
CLAIMS -MADE OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL 8 ADV INJURY
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
POLICY ■ PRO ❑ LOC
JECT
PRODUCTS - COMP/OP AGG
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accidonl)
ANY AUTO
BODILY INJURY ( Per person)
OWNED
—
SCHEDULED
AUTOS
BODILY INJURY (Per accident)
AUTOS ONLY
HIRED AUTOS
ONLY
NON -OWNED
AUTOS ONLY
PROPERTY DAMAGE
(Per accident)
_
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
DED r RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY YIN
• PER STATUTE OTH-
,ER
ANY PROPRIETOR / PARTNER I EXECUTIVE
E L EACH ACCIDENT
OFFICER/MEMBER EXCLUDED?
N I A
(Mandatory in NH)
E L DISEASE -EA EMPLOYEE
If yes, describe under
—
DESCRIPTION OF OPERATIONS below
E L DISEASE -POLICY LIMIT
A
Archit&Eng Prof
MKLV7PL0005546
Architects&Engineers
09/29/202209/29/2023
Limit
Aggregate
Deductible
$5,000,000
$5,000,000
$100,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHfC LE (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: SVA Project No. 2022-40187.000
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870 USA
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
[-
a1�
�Q
C �! eye:
p
Wx4CiG Batt
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Holder Identifier :
Aea'zLI CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Affinity Insurance Services
1100 Virginia Drive, Suite 250
Fort Washington, PA 19034
CONTACT
NAME:
PHONE
PA No. �); 866-854-1782 C. NO 800-567-4028
ADDRESS:
INSURERS) AFFORDING COVERAGE
NAIC #
INSURER A : Travelers Property Casualty Company of America 25674
INSURED
SVA Architects, Inc
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707
INSURER B;
INSURER C :
INSURER D :
INSURER E : _
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER_
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
IN$)
SUER
wvD
POLICY NUMBER
POLICY EFF
IMMJ p/' rmY)
POLICY EXP
jaimroprnyvI
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
,-1 CLAIMS -MADE L c 1 OCCUR
680 — 007T437569
9/29/2022
9/29/2023
EACH OCCURRENCE
$2,000,000
PPREMSES RENTED
R (�ocourrepoe)
$1,000,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 2,000,000
GENERAL AGGREGATE
$ 4,000,000
GEN'L GE
X
AGGREGATE
I POLICY
, OTHER
LIMIT APPLIES
PRO-
JECT
PER:
LOC
PRODUCTS-COMP/OPAGG
$4,000,000
$
A
AUTOMOBILE
X
_
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
—
_
_
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
BA -7T437742-1
9/29/2022
9/29/2023
COMBINED SINGLE LIMIT
tEa accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
tPer accidarr
$
-
$
A
x
UMBRELLA LIAB
EXCESS LIAB
X
r
CUP -007T437809
9/29/2022
9/29/2023
EACH OCCURRENCE
$5,000,000
$
AGGREGATE
$
DED
RETENT QN $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETT ER ARTNEEXCLU/EXECUTIVE
oFFIcERNEM(Mandatory In NH)
If yes. describe under
DESCRIPTION OF OPERATIONS below
YIN
- -
N / A
U B - 007T437766
9/29/2022
9/29/2023
,
TUTE PER
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
CERTIFICATE HOLDER
CANCELLATION
PROOF OF COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPfESENTAT IVE
<ss,
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AG SRO
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
10/10/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
AOn Risk Services Central, Inc.
Chicago IL Office
200 East Randolph
Chicago IL 60601 USA
CONTACT
NAME:
(A( , Na- mil); 866-854-1782 ( No ): 800-567-4028
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURED
SVA Architects, Inc.
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707 USA
INSURER A: Travelers Property Cas Co of America
25674
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER: 570095976863
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUER
WV❑
POLICY NUMBER
POLICYEFF
(Mkv000YYYY1 MJ
POLICY EXP
M DWYYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
6800077437569
General Liability
09/29/202
09/29/2023-
EACH OCCURRENCE
$2,000,000
DAMAGE1ORENTED
PREMISES (Ea occurrence)
$1,000,000
CLAIMS -MADE X OCCUR
MED EXP (Any one person)
$5,000
PERSONAL 6 ADV INJURY
$2,000,000
GEN'L
AGGREGATE
POLICY
OTHER: ❑
X
LIMIT APPLIES PER:
PRO -
JECT LOC
GENERAL AGGREGATE
$4,000,000
PRODUCTS - COMP/OPAGG
$4,000,000
A
AUTOMOBILE
X
-
LIABILITY
ANY AUTO
OWNED
-
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
BA -7T437742-1
Auto
09/29/2022
09/29/2023
COMBINED SINGLE LIMIT
(Fa accident)
$1,000,000
BODILY INJURY ( Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
A
X
UMBRELLALIAB
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
CUP007T437809
Umbrella
-09/29/2022"09/29/2023
EACH OCCURRENCE
$2,000,000
AGGREGATE
$2,000,000
OED RETENTION
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NF)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N
N / A
UB007T437766
workers Compensation
09/29/2022
09/29/2023
X
PER STATUTE OTH.
ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000.000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more apace Is required) RE: SVA Project No. 2022-40187.000
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870 uSA
AUTHORIZED REPRESENTATIVE
M
�`
�Cze�.Jsses
J4on
cJetis
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Holder Identifie
Certificate No : 570095976863
-2
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".
CA T4 74 02 16
2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
© 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy No. 680007T437569
Effective Date: 09/29/2022-09/29/2023
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.
The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or
omissions of such person or organization; or
d. For "bodily injury", "property damage" or
"personal injury" for which such person or
organization has assumed liability in a
contract or agreement.
The insurance provided to such additional insured
is limited as follows:
e. This insurance does not apply on any basis to
any person or organization for which
coverage as an additional insured specifically
is added by another endorsement to this
Coverage Part.
f. This insurance does not apply to the
rendering of or failure to render any
"professional services".
In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the
insurance provided to the additional insured
shall be limited to the limits of liability required
by that "written contract requiring insurance".
This endorsement does not increase the
limits of insurance described in Section III —
Limits Of Insurance.
g.
h. This insurance does not apply to "bodily
injury" or "property damage" caused by "your
work" and included in the "products -
completed operations hazard" unless the
"written contract requiring insurance"
specifically requires you to provide such
coverage for that additional insured, and then
the insurance provided to the additional
insured applies only to such "bodily injury" or
"property damage" that occurs before the end
of the period of time for which the "written
contract requiring insurance" requires you to
provide such coverage or the end of the
policy period, whichever is earlier.
2. The following is added to Paragraph 4.a. of
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
The insurance provided to the additional insured
is excess over any valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the
additional insured for a loss we cover. However, if
you specifically agree in the "written contract
requiring insurance" that this insurance provided
to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
non-contributory basis, this insurance is primary
to other insurance available to the additional
insured which covers that person or organizations
as a named insured for such loss, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have signed that "written contract
requiring insurance". But this insurance provided
to the additional insured still is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured when that
person or organization is an additional insured
under any other insurance.
CG D3 81 09 15
© 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission
Policy No 6802H8974812147
Effective Date: 09/29/2021-09/29/2022
COMMERCIAL GENERAL LIABILITY
3. The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you
before, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal injury"
offense is committed.