Santa Ana City Council
May 17, 2022

Jtに|ド
に:!y2020
 City Council 28 – 425/17/2022  Local Assistancc P「 ocedures Manual EXHIBIT 10■ 2
Cost Proposal
NOTESil Key personnei must be marked wkh an astettsk o and empioyeesthat are subieCttO prevairng wage requrements must be marked with mo astettsks(~)Ali costs mustcomplyv面 th the Fedetti cost pttnciples Subconsuitants w‖ i pro前 de thei「 own cost proposals 2 可he cost proposalformat Sha‖ not be amended
3 Bilhng rate=actual houHy rate t l刊
十1CR)・ (1+Fec)indirect cost rates shaII be updated on an annual basis in accordance wК h the consukants annual accoundng pettod and established by a cogni2ant agency or accepted by Cakrans.Ali costs must comply面 th the Federal cost p両nciples for reimbursement 4 For named employees and key personnel enterthe a(責 uat hourly rate For ctassittcations onlyl enter the Average Hourly Rate for that classincatiOn ExHIBIT 10‐ H2CosT PROPOSAL Page2of3
SPECIFiC RATE OF COMPENSATiON(USE FOR ON― CALL OR AS― NEEDED CONTRACTS) ((3oNSTRUCTiON ENGINEERING AND INSPECTiON CONTRACTS)
Consuhant Desmond Marcelio&Amster】 LLC
日 Pmne Consuttnt
□ Subconsuhant
Proi ect No.RFP 21-131 Conttact No Date l1/29/2021
Note:Add additional pagesif necessa!yNOTES:
1 日st other direct cost kems with estimated costs These costs shouid be compedt帝 e in thei『 respect帝 e industttes and suppoited with appropriate documentation, 2 Proposed ODC items should be consistentty bi‖ ed regardiess of client and contra(丈 type3 items when incured forthe same purposetin like circumstancet should not be included in any indirect cost pool orin the ovehead rate 4 kems such as specialtoo“ ngt w‖ i be reimbursed at actual cost wkh suppo!ung documentationぐ nvoiCe). 5 itemslisted above that would be considered Wtoois ofthe trade"are not reimbursable as other direct cost 6 Travel related costs should be pre‐ approved by the contracting agency and sha‖ not exceed current State Depaitment of Personnel Administration rules Page S of9
SCHEDULE OF OTHER DIRECT COST ITEMS tAdd addidonat pages as necessaryⅢ Description ofitem Quandty Unit Unit Cost Total
Mileage Costs $0.00Equipment Rental and Supplies 30.00Perml Fees $0,00PIan Sheets $0.00 Test $0.00
Vehicle 30.00
Subconsuitant lSubconsuitant 2:Subconsultant 3:

Subconsultant 4Subconsultant 5:
棚
20  City Council 28 – 435/17/2022  Loc』
畑 載孤、ce P『ocedures Manual Ⅸ 卜lBBIT 10引
2 Cost

7.ifm‖eage is daimed:the rate should be prope『 ly suppo!ted by dle consukantts caicuiation ofthei『 attuai cotts fOr companyvehides.h addmonithe m‖ es cttmed shoutt be suppo,ted by m‖ cage bgs。
3,ra consuttnt p『 oposes rentti costs for a vehictet ule cOrnpany must demonstFate hat his is ks standaFd prOCedure fo『 封〕oflldr conttacts and thathey do not om any vehiclcs that oouid be used forthe same pu中OSe.
9,The cost proposalfomat shali not be amended.Ali costs must compty前 h the Federai cost ttjndples.

10. Add addttonal pagesifnecessagy,

11.Subconsukants must脚
両de dleir own cost pЮposais.

Janua,y2020
 City Council 28 – 445/17/2022  Local Assistance Procedures Manuat EXHIBIT 10‐ H2
Cost Proposal
ExHIBIT 1 0‐H2CosT PROPOSAL Page3of3
Certification of Direct Costs:
|,the undersigned,cettify to the best of my knowiedge and beliefthat a‖ direct costs identitted on the cOst proposal(s)in this contract are actualB reasonablet a‖ owable,and a‖ ocable to the contractin accordance wtth the contractterr¬ s and the fo‖ owing requrementsi

7.Generally Accepted Accounting Principles(GAAP)

8. Terms and condhions ofthe contract
9,Thic tt Untted States Code Section l1 2-Letting of Contracts

10.48 Code of Federal Requlajons Pa武 31-Contract Cost Principles and Procedures ll.路 Code of Federal Regula価 o日 S Pa武 172‐ Procurement,Managementi and Adrninistration of Engineering and Design Retated Service 12 48 Code of Federal Regulattons Pa武 9904-Cost Accounttng Standards Board(when applicable)
Ali costs must be applied consistentiy and fairty to a‖ contracts. Ali documentation of compliance r¬ ust be retained in the proieCtttles and be in compliance wnh applicable federal and state requirements Costs that are noncompliant wnh the federal and state requttements are not eligible for reirnbursement.

Pri『 了Be COnsuitant or Subconsuitant Ce hifvina:

Nam Mad Mamaux 士. Managing Pariner Titie
Signature Date of Cettittcation(mm′ dd′ yyyy) 11/29/2021 Emaili mmamauxc)dmavalue. Phone Number 310-216-1400
Address 222 Paciic Coast Highway, 1 0th Fioor,EI Segundo,CA 90245 士An individual executive or編 口ancial oTlcer ofthe consuitant's or subconsultant'so「 ganization at a levelΠ o lowerthan a Vice President or a Chief Financia1 01覇 ccr,or equivalent,who has authortty to represent the ttnancialinforr¬ ation utilized to establish the cost proposaifor the contract,
List services the consuttantis underthe contracti

January 2020
Business Goodwili AppraisaI SeⅣ ices
City Council 28 – 45 5/17/2022
Local Assistance Procedures Manual Exhibit 10‐ 01
Consultant Proposal DBE Commitment
ExHIBIT 10‐01 CoNSULTANT PROPOSAL DBE CoMMHTMENT
l LocalAgency: Citv of Santa Ana Public Works Acencv 2 Contract DBE Coal 3 Prqect Descnpuon!
4 Ptted Locauon
5 Consuhants Name: Desmond,Marcello&Amster,LLC s Pnme cetted D砥 □ DiSTRIBUTiON: Onginal_included wtth consukants proposalto local agency, ADA Notice: Forindividuals with sensory disab‖ hies,this documentis ava‖ able in altemate formats ForinformaMon ca‖ (916)654‐ 6410 orTDD(916)654‐ 3880 or wnte Records and Forms Management,1120 N Street,MS‐89,Sacramento,CA 95814 Page l of2
January 2019
usiness Goodwill AppH
7 Descttpdon of Work,SeⅣ ice,or Matenals
Supp“ ed
8 DBE
cettricatOn
Number
20 Consuitant's Ranking aRer Evaluation:

Local Agency oettiles that a‖ DBE oettincatiOns are valid and infor:nation on this forrn is complete and accurate,

19.PЮ posed Contract Execulon Date:
17 Local Agency Contract Number

18.Federal‐Aid Prttect Number:

Local Agency to Complete this Sectton
LiSal N/A

11.TOTAL CLAIMED DBE PARTiCIPATiON
N/A
9 DBE Contactinfomauon
0 10 DBE%
IMPORTANT,Idendfy a‖ DBE呵rrns being ciaimed for credttj 16 Prepareド s Titie
ヽなadeleine Mainaux
12 15,Phone
11/29/2021
req
Ofuer wnten each‖sted DBE is
14 Prepareド s Name
Managing Partner
13 Date
310‐ 216‐ 1400
0 %
LPP 18‐01City Council 28 – 46 5/17/2022
Local Assistance Procedures Manual Exhibit 10‐ 01
Consultant Proposal DBE Commitment
INSTRUCTIONS― CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1.Local Agency― Enter the name ofthe tocal or regional agency that is funding the contract.

2.Contract DBE Goal― Enterhe contract DBE goal percentage as it appears on he prttect advenisement.

3.ProieCt Locatiom― Enttr the proJect iocation as it appears on the prttect adVenisement.

4.ProieCt Descriptiom― Enterthe ptteCt description as it appears on the prtteCt advertisement(Bridge Rehab, Seismic Rehab,Overiay,Widening,etc。 )。
5。 Comsultant's Name― Enter the consultant's fina name.

6.Prime Certined DBE― Check box ifprinle contractor is a certined DBE.

7.Descriptiom of Work,Services,or Materials Supplied― Enter description ofwork,sewices,or rnaterials to be provided.Indicate an work to be perfoД llled by DBEs including work perfolilled by the prirne consultant'sown forces,ifthe prime is a DBE.If 1000/O ofthe item is notto be perfomed or furnished by the DBE,describe the exact portion to be perfoinlcd Orfumished by the DBEo Sce LAPM Chapter 9 to detelllline how to countthe panicipation of DBE alittis.

8.DBE Certirlcatiom Number― Enterthe DBE's Certirlcation ldentiflcttion Number.AH DBEs must be cenifled on the date bids are opened。

9.E)BE Comtact lmformation― Enttrthe name,address,and phone number ofaH DBE subcontracted consultants, AIso,cnter thc prirne consultant's name and phone number,ifthe prirne is a DBE.

10.I)BE O/O― Percent pahicipation of、vork to be perfoililed or seⅣ ice provided by a DE〕 E.Inctude the prirne consuitantifthe prime is a DBEo Sec LAPM Chapter 9 for how to count fun/panial pahicipation.

11.Total Claimed DBE Participation O/O― Enter the total DBE participttion ctairned.Ifthe total%claimed is less than item“ Contract DBE Goal,''an adequately documented Good Faith Effon(GFE)is required(sce Exhibit 15-H DBE Information― Good Faith Efforts ofthe LAPM).

12.Preparer's Sigmature― The person completing the I)BE conll■ itment forni on behalfofthe consultant's fimll must sign their name.

13.Date― Enterthe date the DBE col■mitment fottlll is signed by the consuitant's preparer. 14。 Preparer's Name‐ Enter the name ofthe person preparing and signing the consultant's DBE co■11■ itment fo二 二二二.

15.Phome― Enterthe area code and phone number ofthe person signing the consuitant'sI)BE co■ lrnitment fbrm。

16.Preparer's Title― Enter the positionん itle ofthe person signing the consultant's DBE coimmitment form。

LOCAL AGENCY SECTION

17.Local Agemcy Contract Nurrlber― Enter the Local Agency contract number or identifler.

18.Federa卜Aid Prttect Number― Enter the Federal… Aid PtteCtNumber. 19。 Proposed Contract Executiom〕 Date‐ Enter the proposed contract execution date.

20.Comsultant's Ranking after Evaluation― Enter consultant's ranking aner an subnlittals/consultants arc evaluated.Use this as a quick comparison for evaluating rnost quaHaed consultant.

21.Local Agency Representative's Sigmature― '「 he person completing this section ofthe Form for the Local Agency must sign their name to cenify thatthe info二 二二ladOn in this and the Consuhant Section ofthis foklll is connplete and accurate。

22.Date― Enter the date the I)BE conll■ itment follil is signed by the Local Agency Representative.

23.Local Agemcy Representative's Name― Enterthe name ofthe Local Agcncy Representaive∝ hifying the consultant's DBE commitmentfo二 二二二.

24.Phone― Enterthe area code and phone number ofthe person signing the consultant's DBI]co■ llnitrnent fbm.

25.Local Agency Representative Title― Enter the posidon/tttle ofthe Local Agency Representaive ce五ifying he consultant's DBE commitment follli.

January 2019
LPP 18‐ 01City Council 28 – 47 5/17/2022

EXHIBIT C
City Council 28 – 48 5/17/2022

FEE PROPOSAL

DESMOND, MARCELLO & AMSTER, LLC
SPECIAL TY AREA 11

BUSINESS GOODWILL APPRAISAL

DM&A'S STANDARD HOURLY RATE SCHEDULE
Title Staff Member Standard Rate

BUSINESS GOODWILL APPRAISAL
Managing Partner Madeleine Mamaux $325
Partner Wesley Nutten 395
Principal Ricardo Goni 250
Principal Eric Lietzow 275
Partner Kevin Blair 225
Analyst Silvia Tauber 140

FURNITURE, FIXTURES, MACHINERY & EQUIPMENT APPRAISAL
Partner Marcus Pigrom
Appraiser Raul Bermudez
Appraiser Ryan Nutten
Examples of typical fee ranges by assignment type include:

Non-Complex
Moderately Complex
Very Complex
$5,000 to $8,000
$8,000 to $10,000
$10,000 to $15,000
225
125
125
The above fee ranges are for acquisition appraisals. They assume full cooperation of business owners, no material delays, and no litigation support. DM&A's business goodwill appraisals are very business specific with fees for appraisal services primarily impacted by business type and the complexity of the business' operations.

DM ... City Council 28 – 49 5/17/2022
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: D 7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials 11. DBE 13.DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount Business Goodwill Appraisal N/A N/A 0
Local Agency to Complete this Section

20. Local Agency Contract $0
N11mhc.r· 14. TOTAL CLAIMED DBE PARTICIPATION

21. Federal-Aid Project Number:

22. Contract Execution 0%
n::otA·
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE Is requl
t
\_} 11/29/2021

23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Madeleine Mamaux 310-216-1400

25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18.Phone Managing Partner

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency

2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-641 o or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

July 23, 2015
City of Santa Ana Public Works Agency
On-Call
Desmond, Marcello & Amster, LLC
City Council 28 – 50 5/17/2022
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment

INSTRUCTIONS - CONSULTANT CONTRACT DBE COMMITMENT

CONSUL TANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant's Name - Enter the consultant's firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants - Enter the total dollar amount for all subcontracted consultants.

SUM= (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SUM= (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total% claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.

July 23, 2015
City Council 28 – 51 5/17/2022
AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY SERVICES: BUSINESS

GOODWILL APPRAISAL SERVICES FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between Donna Desmond Associates (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 6, 2021, the City issued Request for Proposal (RFP) No. 21-131, by which it sought a qualified consultant having special skill and knowledge in the field of business goodwill appraisal services on an as needed basis.

B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that Consultant is able and willing to provide the services described in the scope of work that was included in RFP 21-131.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 21-131, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of the highest ranking firms to provide business goodwill appraisal services on an on-call basis under RFP 21-131. The total compensation for these services provided by all such consultants selected under RFP 21-131 shall not exceed the shared aggregate amount of One Hundred Forty-Eight Thousand Dollars and Zero Cents ($148,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

City Council 28 – 52 5/17/2022

3. TERM
This Agreement shall commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 28 – 53 5/17/2022

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees).

4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

City Council 28 – 54 5/17/2022

2. Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’srating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of one (1) year after completion of work.

City Council 28 – 55 5/17/2022

8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

TheCityreservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.

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

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

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees City Council 28 – 56 5/17/2022
against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is City Council 28 – 57 5/17/2022
an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

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18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City Council 28 – 59 5/17/2022
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:

Donna Desmond, President
Donna Desmond Associates
265 S. Beverly Glen Boulevard
Los Angeles, CA 90024
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM: DONNA DESMOND ASSOCIATES:

SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra Donna Desmond
Deputy City Attorney President
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
Digitally signed by
Donna Desmond
Date: 2022.05.03
18:47:44 -07'00'
City Council 28 – 60 5/17/2022

EXHIBIT A
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City of Santa Ana RFP 21-131
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Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT-OF-WAY SERVICES:

GOODWILL, FF&E, & PROPERTY MANAGEMENT
RFP NO. 21-131

INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide On-Call Right-of-Way Services: Goodwill, FF&E, & Property Management on an asneeded or “on-call” basis.

It is the City’s goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements.

The services being considered for contract are the following “Specialty Areas”:

Specialty Areas Maximum Contract
Aggregate Amount
I. Property Management Services $148,000
II. Business Goodwill Appraisal Services $148,000
III. Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City’s goal to select one to two firms for each of the specialty services (I, II, and III). The City will enter into separate agreements (the “Agreement”) with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints.

A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City’s interests.

Interested firms who provide more than one right of way service are welcome to submit proposals for all Specialty Areas. However, the firm providing the Specialty Service for the selected parcels will not be selected for a different Specialty Service for the same parcels.

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MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.

Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects.

DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).  The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its sub-consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.  The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in City Council 28 – 63 5/17/2022
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appropriate project files. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives
 Consultant’s Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings.
 Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City.  Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services.  All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project.
 Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City.
 All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement.

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SPECIALITY AREA: I

PROPERTY MANAGEMENT SERVICES
Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. The property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants.

Property Management duties shall include but not limited to:
 Review existing leases, licenses, franchises, easements, permits and other agreements for City properties.
 Negotiate and draft new agreements or make revisions to existing agreements for approval by the City.
 Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City. Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents.  Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow.
 Schedule, coordinate, and perform property maintenance tasks with qualified vendors.  Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism.
 Meet and inspect the City properties post-acquisition to ensure conformance with appropriate regulations.
 Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner’s name, tenant’s name and contract rent amount, notices, vacancy date and demolition.
 Maintain and update tenant databases.
 Coordinate with City’s acquisition/relocation consultant for post-acquisition Property Management of City properties.
 Act as Property Management Liaison between the tenants and City.  Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities.
 Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures.
 Provide security services as needed. Security service may be required to deter the City Council 28 – 65 5/17/2022
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vandalism of vacant properties. Hours may vary depending on the need for day or night time security.
 Provide comprehensive maintenance services including the yard and site maintenance.  Coordinate vacancy of the properties with acquisition/relocation consultant.  Coordinate fencing and boarding up of buildings after vacancy as necessary for security prior to demolition.
 Arrange for board up if there was any break- in of the original board up.  Coordinate and provide access to properties, with demolition contractor.  Coordinate eviction of tenants if necessary with City staff.  Coordinate with escrow companies for transfer of tenant information upon closure of escrow.

Trust Account
Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies:

1. At the creation of the account, Consultant shall document all tenancies that currently exist at City-owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants.

2. Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants.

3. Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City.

4. Non-emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (7) below.

5. All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable.

6. Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City’s Public Works and Finance and Management Agencies.

7. Consultant is required to maintain books and records in compliance with generally accepted accounting principles. On a monthly basis or upon City’s request, Consultant City Council 28 – 66 5/17/2022
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shall provide a listing of the following:
a. Rental income by tenant (identify property address)
b. Expenditures by category (e.g., utilities, maintenance, property management fees, etc.)

8. Consultant shall make available all books and records related to the services provided to City Finance staff or an independent Certified Public Accounting firm acting on behalf of City.

9. City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant’s books and records related to above-referenced service. The examination may be conducted on annual basis or upon City’s discretion on reasonable notice.

Weekly Status Reports
Consultant shall provide to the City weekly status reports relating to the management and operation of the premises for the preceding calendar week. These documents shall include the following, but are not limited to:
 Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.)
 Contractor competitive bids
 Tenant information, owner’s information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90-day notice dates, fencing, board up, testing dates, utility shut offs and meter removal dates.  Status report must also include inspection dates and any action items needed during the inspection and follow up of the action items.

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SPECIALITY AREA: II

BUSINESS GOODWILL APPRAISAL SERVICES
Consultant shall perform professional and technical Loss of Goodwill Appraisal services on an as-needed basis to prepare reports for use during ROW negotiations for the project and settlement during condemnation proceedings. The Loss of Goodwill reports are to be prepared in accordance with all applicable regulations as determined by the City. These may include, but are not limited to local, state and federal regulations, policies, procedures, manuals, and standards including.

Consultant has total responsibility for the accuracy and completeness of the Loss of Goodwill Appraisal Reports and other work performed pursuant to this Agreement and prepared for this Project and shall check all such material accordingly. Reports will be reviewed by the City for conformity with General Goodwill Appraisal standards and coordination with State procedures.

Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services shall include providing:
 Budgetary Estimates of Goodwill Loss
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of goodwill loss will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, these estimates will take into consideration Consultant’s experience in preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a brief letter.  Goodwill Loss Acquisition Appraisals
During the early stages of property acquisition, Consultant can provide preliminary estimates of goodwill loss. Acquisition appraisals are based upon data, which may be provided by the business’ ownership at its discretion. Such information may include:
leases; background on the business provided via owner/management interviews; historical and prospective financial data; and information about proposed relocation sites. In addition, Consultant shall perform basic transactional research in light of our understanding of the business’ operations and financial condition. Consultant will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, Consultant’s analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill.

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Consultant shall perform the following tasks:
 Preparation of Preliminary Estimates
 Preparation of Complete Loss of Goodwill Appraisals
 Perform field work as necessary
 Attend Pre-submission Review Conferences as required
 Prepare Correspondence
 Make presentations to city staff as needed
 Perform special studies within the scope of Consultant’s expertise.  Coordinate with other ROW consultants as necessary
 Coordinate with City-hired Real Estate appraisers and FF&E appraisers as required.

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SPECIALITY AREA: III

FURNITURE, FIXTURES, MACHINARY AND EQUIPMENT
(FFME) APPRAISAL SERVICES
Consultant shall complete work under the direction of City staff. Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules.

Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing:
 Budgetary Estimates of Fixtures and Equipment Values
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of fixtures and equipment values will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, the estimates take into consideration Consultant’s experience in preparing fixtures and equipment appraisals of comparable businesses, as well as knowledge of relevant statutes and case laws, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a spreadsheet of estimates and a summary report.
 Fixtures and Equipment Appraisals
Consultant will provide a fully contained appraisal report, in triplicate and a digital file, of the improvements pertaining to the realty and major movable equipment of each business appraised. The report will include an estimate of the fair market value in place and liquidation value of all appropriate items and will be prepared in conformance with Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210. (Compensation for losses in connection with movable personal property is included in the California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures will be guided by the USPAP. The improvements pertaining to the realty and major movable equipment for businesses that occupy multiple properties shall be clearly delineated by property address. In preparing each comprehensive appraisal, Consultant will: inspect the business’ facility; prepare an inventory of the improvements pertaining to the realty and major movable equipment; coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation; interview the business’ owner/manager regarding the business’ history, operations and tangible assets owned; and utilize generally accepted valuation methodology to determine the fair market value in place and liquidation value of the appropriate items owned by the business.

Furniture, Fixtures and Equipment Appraisals tasks may include:
 Inspect the business facility and perform field work as necessary  Prepare separate inventories for the Fixture and Immovable Equipment and Movable City Council 28 – 70 5/17/2022
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Personal Property.
 Coordinate appraisal activities with the real estate appraiser and /or Goodwill appraiser to avoid duplication of compensation
 Interview the business owner regarding the history, operation and tangible assets owned.  Prepare report utilizing accepted valuation methodology to estimate the replacement cost, fair market value in place and salvage value of the appropriate items owned by each business operation. Perform Special Studies as required by the City within the scope of Consultant’s expertise.
 Attend meetings and present the reports and findings if necessary.

PAYMENT AND INVOICING:

Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City.

Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed.

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Facilitate meeting spaces and coordination with City staff  Access to City facilities
CONSULTANT RESPONSIBILITIES:
 Provide all required insurance as outlined in Attachment 2 of this RFP.  Submit renewal of Certificate of Insurance 30 days before expiring.  Ensure Certificate of Insurance is current when submitting invoices.

SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal:
 LAPM Exhibit 10-H: Sample Cost Proposal
 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment  LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package)
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 LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only.

Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:

This agreement may be funded with state and/or federal grant funds administered by Caltrans.

Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2 for On-Call Contracts) in the Appendix of this RFP.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:

The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 – Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s DBE goal.

CONSULTANT AUDIT AND REVIEW PROCESS:
(Speciality Area A - Acquisition/Relocation only)
Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans’ Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub-consultants in the Appendix of this RFP.

To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council 28 – 72 5/17/2022

EXHIBIT B
City Council 28 – 73 5/17/2022
DONNA DESMOND ASSOCIATE’S

RESPONSE TO THE CITY OF SANTA ANA PUBLIC WORKS AGENCY
REQUEST FOR PROPOSALS No. 21-131
FOR ON-CALL RIGHT OF WAY SPECIALTY SERVICES:

GOODWILL, FF&E & PROPERTY MANAGEMENT
RESPONSE FOR:

SPECIALTY AREA II – BUSINESS GOODWILL APPRAISAL SERVICES Date of Submittal: December 13, 2021

ORIGINAL
City Council 28 – 74 5/17/2022
265 S. Beverly Glen Blvd., Los Angeles, CA 90024
(310) 475-1114 • [email protected]
1 of 8
Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services December 13, 2021
City of Santa Ana
Attn. Mr. Kenny Nguyen
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Re: Response to RFP No. 21-131 for On-Call Right of Way Specialty Services: Goodwill, FF&E & Property Management
City of Santa Ana Public Works Agency

To Whom It May Concern:

Submitted herein is Donna Desmond Associates’ (“DDA”), a California corporation, response to the City of Santa Ana’s Request for Proposal No. 21-131 for On–Call Right of Way Specialty Services. DDA is responding specifically to provide Specialty Area II - Business Goodwill Appraisal Services. DDA is located at 265 S. Beverly Glen Boulevard, in Los Angeles. The contact person for this response is:

Donna Desmond, ASA
Donna Desmond Associates
265 S. Beverly Glen Boulevard
Los Angeles, CA 90024
Tel. (310) 475-1114
[email protected]
The corporation’s Federal Taxpayer ID Number is 95-4699391. Donna Desmond, ASA is the firm’s President and Secretary. There are no other corporate officers.

DDA is a business valuation appraisal firm that specializes in preparing goodwill loss studies for eminent domain purposes. The firm has been providing transportation agencies, cities and counties throughout the State of California with goodwill loss appraisal services since 1997.

Thank you for the opportunity to submit this response to the Request for Proposal. It is our hope to provide business goodwill loss appraisal services to the City of Santa Ana in the future.

City Council 28 – 75 5/17/2022
2 of 8
Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services Mr. Kenny Nguyen
December 13, 2021
Respectfully submitted,

DONNA DESMOND ASSOCIATES
Donna Desmond, ASA
Enclosures
City Council 28 – 76 5/17/2022
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Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services 1 - STATEMENT OF QUALIFICATIONS
B: CONTRACT AGREEMENT STATEMENT
DDA has reviewed the sample agreement attached as Attachment 2 in the Appendix of the RFP. All terms of the agreement are acceptable with the exception of the following:

Insurance Coverage Requirement for Errors & Omissions: I respectfully request a waiver of the $2,000,000 per claim with $2,000,000 aggregate coverage requirement. DDA has E&O insurance coverage of $1,000,000 per claim with $2,000,000 aggregate. It is difficult and expensive for a very small business to obtain the high level of coverage included within the sample agreement. DDA has had E&O coverage since 1997 and has never had a claim submitted.

C; FIRM & TEAM EXPERIENCE
Firm Description
Donna Desmond Associates is a business valuation firm specializing in valuing goodwill loss in eminent domain proceedings pursuant to California Code of Civil Procedure section 1263.510. Donna Desmond has been providing condemning agencies and private parties throughout California with goodwill loss appraisal services since 1988. DDA was founded in 1997 and since that time has worked closely with condemning agencies and their consultants to provide comprehensive, well researched and defensible goodwill loss appraisals. The firm is organized as a California corporation and is a certified DBE. It has one office located at 265 S. Beverly Glen Boulevard in Los Angeles, California. Donna Desmond is the firm’s sole employee and will be responsible for all services provided to the city.

Goodwill loss appraisal services provided by Donna Desmond Associates include the following:
 Preliminary Estimates for Budgetary Purposes
 Goodwill Loss Appraisals
 Litigation Support
 Appraisal Review
 Court Testimony
Key Personnel - Donna Desmond, ASA
Donna Desmond, President of Donna Desmond Associates, has specialized in business valuation since 1988. She has completed thousands of goodwill loss appraisal assignments for both public agencies and private parties throughout the State of California since 1988.

Ms. Desmond has qualified as an expert in goodwill loss and business damages in the Superior Court of California in Los Angeles, Orange, Riverside, San Diego, San Bernardino, Kern, Santa Clara, Sonoma, San Mateo, San Francisco and Contra Costa counties and in the states of Nevada and Texas. Ms. Desmond has also testified in Federal District Court and has testified extensively in arbitration throughout California. Prior to founding DDA in 1997, she was a principal with Desmond, Marcello & Amster, responsible for appraisal management and testimony.

City Council 28 – 77 5/17/2022
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Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services Ms. Desmond is a senior member of the American Society of Appraisers in the Business Valuation Discipline. This designation was attained in 1995. She is also a member of the International Right of Way Association. Ms. Desmond has written articles for International Right of Way Association newsletters and the California Redevelopment Journal. She is also a contributing author to the Handbook of Small Business Valuation Formulas, published in 1987 and revised in 1988. Ms. Desmond regularly gives seminars to public agencies, attorney groups, and right of way organizations relative to issues pertinent to goodwill loss in eminent domain actions and billboard appraisal.

Ms. Desmond graduated with a bachelor’s degree from the University of California, Los Angeles in 1986 and continues to attend professional education courses in appraisal, finance and accounting.

Ms. Desmond will be directly responsible for all appraisal services provided to the City of Santa Ana. She is located out of an office in Los Angeles and will be available to commit 20 hours per week for appraisal preparation and litigation support for this project. Ms.

Desmond will be available to provide goodwill loss appraisal services for the duration of the contract with the City of Santa Ana. No other person will replace Ms. Desmond.

D. UNDERSTANDING OF NEED
DDA is proposing to provide the City of Santa Ana with business goodwill loss appraisal services, including preparation of Budgetary Estimates and Acquisition Appraisals. DDA will also provide litigation support, as necessary. All appraisal services will be coordinated with City staff, relocation and acquisition consultants, real estate appraisers and fixture & equipment appraisers. All appraisal services will be performed in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and will adhere to the California Code of Civil Procedure and all applicable current case law.

E. RELEVANT PROJECT EXPERIENCE
The following is a partial list of Donna Desmond Associates’ public agency clients and assignments from the last five years:

City of Santa Ana – 2007 – 2020, providing goodwill loss appraisal services and litigation support for businesses impacted by the Bristol Street Widening Project, as well as other projects throughout the City. Jason Gabriel (714) 647-5664 Orange County Transportation Commission (OCTA) – 2010 - ongoing, providing goodwill loss appraisals and litigation support for various projects including the I-405 Widening Project, I-5 Widening Project and the State Route 55 Improvement Project. Gary Weisberg (714) 415-1065
Los Angeles County Metropolitan Transportation Agency – 2005 – ongoing, providing goodwill loss appraisals and litigation support for the Purple Line, LAX/Crenshaw Line, Rosecrans/Marquardt Grade Separation Project and the Gold Line Construction Authority.

Craig Justesen (213) 922-7051
City Council 28 – 78 5/17/2022
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Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services Los Angeles World Airport (LAWA) – 2018 – ongoing, providing goodwill loss appraisals and litigation support for the Landside Access Modernization Program (“LAMP”) including the Automated People Mover. David Graeler (310) 874-4802 Caltrans – 2010 - ongoing, providing goodwill loss appraisal services and litigation support for businesses impacted by the I-5 Widening Project as well as other smaller projects throughout the State. Scott Friedel (619) 818-7381
County of Riverside – 2002 - ongoing, providing goodwill loss and billboard appraisal services in various project areas, including the Jurupa Road Grade Separation Project, Magnolia Avenue Grade Separation Project and the Temescal Canyon Road Improvement Project. Craig Olson (951) 955-4840
Riverside County Transportation Commission (RCTC) – 2001 - ongoing, providing goodwill loss appraisal services for various projects, including businesses impacted by the Highway 74 Realignment Project, the State Route 91 HOV Project and State Route 91 CIP.

Mark Easter (951) 686-1450
San Bernardino County Transportation Authority (SBCTA) – 2010 – ongoing, providing goodwill loss appraisal services for numerous project areas including the Barton Road Interchange Project and the I-10 Widening Project. Craig Farrington (714) 415-1065 San Diego Association of Governments (SANDAG) – 2000 – ongoing, providing goodwill loss appraisal services and litigation support for all line developments including preparing numerous preliminary goodwill loss estimates. Brad Kuhn (949) 833-7800 F. References
DDA has been providing goodwill loss appraisal services to transportation agencies, cities and counties throughout California since 1997. Recent successfully completed similar projects include the following:

CITY OF SANTA ANA
Bristol Street Widening Project
DDA has provided goodwill loss appraisal services for the Bristol Street Widening Project. DDA valued in excess of forty businesses and numerous billboards for this project. These appraisals were coordinated with the City Attorney’s Office, outside condemnation counsel and staff. All appraisals were provided on time and within budget.

Contact:

Mr. John Funk
Chief Assistant City Attorney
City of Santa Ana City Attorney’s Office
20 Civic Center Plaza
Santa Ana, CA 92701
Telephone: (714) 430-4679
Email: [email protected]

RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
City Council 28 – 79 5/17/2022
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Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services State Route 91 Improvement Project
DDA has provided RCTC and their legal counsel, Best, Best & Krieger LLP, with goodwill loss and billboard appraisal services and litigation support. Assignments have included appraisals of professional practices, restaurants, manufacturers, distributors, auto dealerships, billboards and retailers. DDA has both subcontracted to RCTC through its condemnation counsel and its right-of-way consulting firm.

Contact:

Mr. Mark Easter
Riverside Condemnation Counsel
Best, Best & Krieger LLP
3750 University Avenue
Box 1028
Riverside, CA 92502
Telephone: (951) 686-1450
Fax: (951) 686-3083
Email: [email protected]

ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
Various Transportation Projects
During the past five years, DDA has provided OCTA with goodwill loss appraisal services for numerous active project areas, including the I-405 Widening Project, I-5 Widening Project and the State Route 55 Improvement Project. These projects have included valuing the loss of goodwill for over fifty businesses and providing litigation support and testimony. Services are provided to OCTA through its condemnation counsel, Woodruff, Spradlin & Smart.

Contact:

Mr. Craig Farrington, Esq.

Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Telephone: (714) 415-1016
email: [email protected]
City Council 28 – 80 5/17/2022
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Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services

2. SCOPE OF SERVICES & SCHEDULE
In providing goodwill loss appraisal services, DDA proposes the following work process for each appraisal assignment:
 Meet with project team to gain an understanding of the project and potential construction and acquisition impacts;
 Provide preliminary estimates of goodwill for budgetary purposes;  Inspect each business facility;
 Interview each business owner and management to determine history of operations and relocation needs;
 Review each business’ historical financial statements, tax returns and lease agreements;
 Review all parcel appraisal reports and coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation;  Coordinate with agency staff and legal counsel to discuss strategy and approach;  Coordinate with relocation agents to determine relocation options, feasibility of relocation, mitigation issues and to avoid duplication of compensation;  Perform market research to determine each business’ marketability and external influences;
 Implement valuation methodology, including market based and income based approaches, to determine business’ goodwill value in the before condition;  Inspect potential or actual relocation site(s);
 Review all relevant and available documentation from relocation sites, including leases, financial statements and unreimbursed capital expenditures;  Implement valuation methodology to determine the loss of goodwill suffered by each business, including giving consideration to betterment, if any;  Attend pre-submittal conferences with city staff, as requested;  Make presentations to city staff, as needed;
 Prepare narrative appraisal reports for settlement negotiations or declaration of values for court submittal; and
 Provide support in negotiations and litigation (as needed).

City Council 28 – 81 5/17/2022
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Response to the City of Santa Ana’s RFP for On-Call Right of Way Specialty Services All of the above tasks would be completed by Donna Desmond. Budgetary estimates of goodwill loss can be completed within one to two weeks of request. Appraisal reports can be completed within four to six weeks of receiving all applicable documentation from the business owners. Goodwill loss appraisals are often delayed by business owners’ reluctance to provide financial documents, including income tax returns. DDA works closely with project staff and the relocation consultants to ensure business owners understand the necessity of providing such documentation. Further, DDA continues to engage the business owners in order to provide a level of comfort with the process.

3. FEES
Donna Desmond Associates’ fees are highly competitive within the industry. Donna Desmond provides all appraisal services personally to her clients. Therefore, less experienced staff members are not performing appraisal tasks or billing hours for bringing the responsible appraiser up to speed. Ms. Desmond performs all site inspections, owner interviews and meetings with the client and their agents. Unnecessary additional staff members do not provide these services, avoiding duplicative billing. As a result, the appraisal process is streamlined, typically resulting in a more cost effective fee structure for appraisal services, quicker turnaround time and a high level of quality. Fees are included within the separate envelope labeled FEE PROPOSAL.

4. CERTIFICATIONS
Attachment 3-1: Non-Collusion Affidavit
Attachment 3-2: Non-Lobbying Certification
Attachment 3-3: Non-Discrimination Certification
Caltrans Exhibits
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100
--------- 8%
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148,000
100
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EXHIBIT C
City Council 28 – 95 5/17/2022
DONNA DESMOND ASSOCIATE’S

RESPONSE TO THE CITY OF SANTA ANA PUBLIC WORKS AGENCY
REQUEST FOR PROPOSALS No. 21-131
FOR ON-CALL RIGHT OF WAY SPECIALTY SERVICES:

GOODWILL, FF&E & PROPERTY MANAGEMENT
RESPONSE FOR:

SPECIALTY AREA II – BUSINESS GOODWILL APPRAISAL SERVICES

FEE PROPOSAL
Date of Submittal: December 13, 2021
City Council 28 – 96 5/17/2022

DONNA DESMOND ASSOCIATES
FEE PROPOSAL FOR RFP NO. 21-131 FOR ON-CALL RIGHT OF WAY SPECIALTY SERVICES:

BUSINESS GOODWILL LOSS APPRAISAL SERVICES
Donna Desmond Associates bills for appraisal services based upon hourly rates. The 2022 hourly rates are as follows:

Donna Desmond Hourly Rate:

Appraisal Preparation $425.00
Litigation Support $425.00
Deposition and Court Testimony $525.00
These rates increase 2.5% on January 1 of each year.

Typical fees charged by appraisal type are as follows:

Non Complex Small Business: $ 4,500 to $ 5,500
Complex Small Business: $ 5,500 to $ 6,500
Non Complex Mid-Sized Business: $ 6.500 to $ 8,500
Complex Mid-Sized Business $ 7,500 to $ 9,500
Large Business/Complex $10,000 to $15,000
These fees assume the business owner is cooperative in providing access to the business facility and all necessary financial and other documentation.

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AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY SERVICES: PROPERTY

MANAGEMENT SERVICES FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between Monument (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 6, 2021, the City issued Request for Proposal (RFP) No. 21-131, by which it sought a qualified consultant having special skill and knowledge in the field of property management services on an as needed basis.

B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that Consultant is able and willing to provide the services described in the scope of work that was included in RFP 21-131.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 21-131, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of the highest ranking firms to provide property management services on an on-call basis under RFP 21-131. The total compensation for these services provided by all such consultants selected under RFP 21-131 shall not exceed the shared aggregate amount of One Hundred Forty-Eight Thousand Dollars and Zero Cents ($148,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

City Council 28 – 156 5/17/2022

3. TERM
This Agreement shall commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 28 – 157 5/17/2022

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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2. Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’srating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

TheCityreservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.

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

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

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees City Council 28 – 160 5/17/2022
against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is City Council 28 – 161 5/17/2022
an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

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18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City Council 28 – 163 5/17/2022
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:

Amber Costello, President
Monument
200 Spectrum Center, Suite 300
Irvine, CA 92618
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM: MONUMENT:

SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra Amber Costello
Deputy City Attorney President
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
City Council 28 – 164 5/17/2022

EXHIBIT A
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City of Santa Ana RFP 21-131
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Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT-OF-WAY SERVICES:

GOODWILL, FF&E, & PROPERTY MANAGEMENT
RFP NO. 21-131

INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide On-Call Right-of-Way Services: Goodwill, FF&E, & Property Management on an asneeded or “on-call” basis.

It is the City’s goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements.

The services being considered for contract are the following “Specialty Areas”:

Specialty Areas Maximum Contract
Aggregate Amount
I. Property Management Services $148,000
II. Business Goodwill Appraisal Services $148,000
III. Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City’s goal to select one to two firms for each of the specialty services (I, II, and III). The City will enter into separate agreements (the “Agreement”) with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints.

A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City’s interests.

Interested firms who provide more than one right of way service are welcome to submit proposals for all Specialty Areas. However, the firm providing the Specialty Service for the selected parcels will not be selected for a different Specialty Service for the same parcels.

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MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.

Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects.

DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).  The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its sub-consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.  The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in City Council 28 – 167 5/17/2022
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appropriate project files. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives
 Consultant’s Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings.
 Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City.  Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services.  All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project.
 Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City.
 All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement.

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SPECIALITY AREA: I

PROPERTY MANAGEMENT SERVICES
Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. The property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants.

Property Management duties shall include but not limited to:
 Review existing leases, licenses, franchises, easements, permits and other agreements for City properties.
 Negotiate and draft new agreements or make revisions to existing agreements for approval by the City.
 Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City. Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents.  Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow.
 Schedule, coordinate, and perform property maintenance tasks with qualified vendors.  Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism.
 Meet and inspect the City properties post-acquisition to ensure conformance with appropriate regulations.
 Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner’s name, tenant’s name and contract rent amount, notices, vacancy date and demolition.
 Maintain and update tenant databases.
 Coordinate with City’s acquisition/relocation consultant for post-acquisition Property Management of City properties.
 Act as Property Management Liaison between the tenants and City.  Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities.
 Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures.
 Provide security services as needed. Security service may be required to deter the City Council 28 – 169 5/17/2022
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vandalism of vacant properties. Hours may vary depending on the need for day or night time security.
 Provide comprehensive maintenance services including the yard and site maintenance.  Coordinate vacancy of the properties with acquisition/relocation consultant.  Coordinate fencing and boarding up of buildings after vacancy as necessary for security prior to demolition.
 Arrange for board up if there was any break- in of the original board up.  Coordinate and provide access to properties, with demolition contractor.  Coordinate eviction of tenants if necessary with City staff.  Coordinate with escrow companies for transfer of tenant information upon closure of escrow.

Trust Account
Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies:

1. At the creation of the account, Consultant shall document all tenancies that currently exist at City-owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants.

2. Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants.

3. Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City.

4. Non-emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (7) below.

5. All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable.

6. Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City’s Public Works and Finance and Management Agencies.

7. Consultant is required to maintain books and records in compliance with generally accepted accounting principles. On a monthly basis or upon City’s request, Consultant City Council 28 – 170 5/17/2022
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shall provide a listing of the following:
a. Rental income by tenant (identify property address)
b. Expenditures by category (e.g., utilities, maintenance, property management fees, etc.)

8. Consultant shall make available all books and records related to the services provided to City Finance staff or an independent Certified Public Accounting firm acting on behalf of City.

9. City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant’s books and records related to above-referenced service. The examination may be conducted on annual basis or upon City’s discretion on reasonable notice.

Weekly Status Reports
Consultant shall provide to the City weekly status reports relating to the management and operation of the premises for the preceding calendar week. These documents shall include the following, but are not limited to:
 Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.)
 Contractor competitive bids
 Tenant information, owner’s information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90-day notice dates, fencing, board up, testing dates, utility shut offs and meter removal dates.  Status report must also include inspection dates and any action items needed during the inspection and follow up of the action items.

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SPECIALITY AREA: II

BUSINESS GOODWILL APPRAISAL SERVICES
Consultant shall perform professional and technical Loss of Goodwill Appraisal services on an as-needed basis to prepare reports for use during ROW negotiations for the project and settlement during condemnation proceedings. The Loss of Goodwill reports are to be prepared in accordance with all applicable regulations as determined by the City. These may include, but are not limited to local, state and federal regulations, policies, procedures, manuals, and standards including.

Consultant has total responsibility for the accuracy and completeness of the Loss of Goodwill Appraisal Reports and other work performed pursuant to this Agreement and prepared for this Project and shall check all such material accordingly. Reports will be reviewed by the City for conformity with General Goodwill Appraisal standards and coordination with State procedures.

Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services shall include providing:
 Budgetary Estimates of Goodwill Loss
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of goodwill loss will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, these estimates will take into consideration Consultant’s experience in preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a brief letter.  Goodwill Loss Acquisition Appraisals
During the early stages of property acquisition, Consultant can provide preliminary estimates of goodwill loss. Acquisition appraisals are based upon data, which may be provided by the business’ ownership at its discretion. Such information may include:
leases; background on the business provided via owner/management interviews; historical and prospective financial data; and information about proposed relocation sites. In addition, Consultant shall perform basic transactional research in light of our understanding of the business’ operations and financial condition. Consultant will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, Consultant’s analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill.

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Consultant shall perform the following tasks:
 Preparation of Preliminary Estimates
 Preparation of Complete Loss of Goodwill Appraisals
 Perform field work as necessary
 Attend Pre-submission Review Conferences as required
 Prepare Correspondence
 Make presentations to city staff as needed
 Perform special studies within the scope of Consultant’s expertise.  Coordinate with other ROW consultants as necessary
 Coordinate with City-hired Real Estate appraisers and FF&E appraisers as required.

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SPECIALITY AREA: III

FURNITURE, FIXTURES, MACHINARY AND EQUIPMENT
(FFME) APPRAISAL SERVICES
Consultant shall complete work under the direction of City staff. Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules.

Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing:
 Budgetary Estimates of Fixtures and Equipment Values
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of fixtures and equipment values will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, the estimates take into consideration Consultant’s experience in preparing fixtures and equipment appraisals of comparable businesses, as well as knowledge of relevant statutes and case laws, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a spreadsheet of estimates and a summary report.
 Fixtures and Equipment Appraisals
Consultant will provide a fully contained appraisal report, in triplicate and a digital file, of the improvements pertaining to the realty and major movable equipment of each business appraised. The report will include an estimate of the fair market value in place and liquidation value of all appropriate items and will be prepared in conformance with Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210. (Compensation for losses in connection with movable personal property is included in the California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures will be guided by the USPAP. The improvements pertaining to the realty and major movable equipment for businesses that occupy multiple properties shall be clearly delineated by property address. In preparing each comprehensive appraisal, Consultant will: inspect the business’ facility; prepare an inventory of the improvements pertaining to the realty and major movable equipment; coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation; interview the business’ owner/manager regarding the business’ history, operations and tangible assets owned; and utilize generally accepted valuation methodology to determine the fair market value in place and liquidation value of the appropriate items owned by the business.

Furniture, Fixtures and Equipment Appraisals tasks may include:
 Inspect the business facility and perform field work as necessary  Prepare separate inventories for the Fixture and Immovable Equipment and Movable City Council 28 – 174 5/17/2022
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Personal Property.
 Coordinate appraisal activities with the real estate appraiser and /or Goodwill appraiser to avoid duplication of compensation
 Interview the business owner regarding the history, operation and tangible assets owned.  Prepare report utilizing accepted valuation methodology to estimate the replacement cost, fair market value in place and salvage value of the appropriate items owned by each business operation. Perform Special Studies as required by the City within the scope of Consultant’s expertise.
 Attend meetings and present the reports and findings if necessary.

PAYMENT AND INVOICING:

Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City.

Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed.

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Facilitate meeting spaces and coordination with City staff  Access to City facilities
CONSULTANT RESPONSIBILITIES:
 Provide all required insurance as outlined in Attachment 2 of this RFP.  Submit renewal of Certificate of Insurance 30 days before expiring.  Ensure Certificate of Insurance is current when submitting invoices.

SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal:
 LAPM Exhibit 10-H: Sample Cost Proposal
 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment  LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package)
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 LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only.

Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:

This agreement may be funded with state and/or federal grant funds administered by Caltrans.

Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2 for On-Call Contracts) in the Appendix of this RFP.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:

The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 – Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s DBE goal.

CONSULTANT AUDIT AND REVIEW PROCESS:
(Speciality Area A - Acquisition/Relocation only)
Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans’ Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub-consultants in the Appendix of this RFP.

To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council 28 – 176 5/17/2022

EXHIBIT B
City Council 28 – 177 5/17/2022
ON CALL RIGHT-OF-WAY SERVICES:

PROPERTY MANAGEMENT RFP# 21-131
PREPARED BY:

MONUMENT
200 Spectrum Center, Suite 300
Irvine, CA 92618
Ph: 800.577.0109
www.monumentrow.com
PREPARED FOR:

CITY OF SANTA ANA
ATTN: Kenny Nguyen
Public Works Agency; M-36
20 Civic Center Plaza, Ross Annex
Santa Ana, CA 92701
SUBMITTED ON March 10, 2022
City Council 28 – 178 5/17/2022

TABLE OF CONTENTS
SECTION ONE 01 STATEMENT OF QUALIFICATIONS
SECTION TWO 14 SCOPE OF SERVICES AND SCHEDULE

SECTION THREE

FEE PROPOSAL
A. COVER LETTER
B. AGREEMENT STATEMENT
-IN COVER LETTER
B. FIRM AND TEAM EXPERIENCE
C. UNDERSTANDING OF NEED
D. RELEVANT PROJECT EXPERIENCE
E. REFERENCES
A. SCOPE OF SERVICES
B. SCHEDULE

PLEASE SEE SEPARATELY SEALED

ENVELOPE

SECTION FOUR

CERTIFICATIONS AND RESUMES
A. CERTIFICATIONS
B. RESUMES
18 City Council 28 – 179 5/17/2022
Section One

STATEMENT OF QUALIFICATIONS
City Council 28 – 180 5/17/2022
March 10, 2022
Kenny Nguyen
Project Manager
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Subject: On Call Right-Of-Way Services: Property Management RFP N0: 21-131
Dear Mr. Nguyen and RFP Review Panel,
Monument is proposing on the City of Santa Ana On-Call Right-of-Way Services RFP for Property Management. Monument is currently working with the City on a variety of projects and understands the potential property management needs. We are confident Monument is the right choice for the City as demonstrated below and outlined in our Proposal.

Why Monument is the clear choice for the City. The following differentiators demonstrate just a few of the many reasons why Monument is the clear choice for the City’s property management needs. • Our Leader. We are presenting one of our best, Daniela Borbe, as the Principal In Charge for the City of Santa Ana. Over the past 15 years Daniela has managed multiple projects for the City including Warner Avenue Widening, Grand Avenue Widening and all three phases of the Bristol Street Widening project. Daniela spent many years managing the property management for the City through multiple phases of Bristol Street Widening. Daniela possess the knowledge, experience and City tribal knowledge necessary to successfully manage the City’s projects.
• Our Team. Daniela will rely on the support of Curtis Bibolet, Property Management Manager, AMC. Curtis is a seasoned property manager with over 13 years of property management experience for local government agencies. Assisting Curtis is a diverse group speaking multiple languages to better serve the Santa Ana community. This proposed Team is an experienced property management Team and can hit the ground running without a learning curve. Our Team has demonstrated success providing the services requested in the RFP. • We are Local. Monument has offices in Irvine with the majority of our staff within 15 minutes from the City of Santa Ana. We are present and available to make in-person visits, inspections, walk-throughs and meetings.

Responsiveness. Our proposal is in strict compliance with the Request for Proposal requirements, and we acknowledge the RFP and Q & A Addendum. We have carefully reviewed the proposal requirements and have responded to all requests for information from Monument and our proposed team.

City Council 28 – 181 5/17/2022
Qualifications and Experience. Monument’s proposed management team have been in the industry for decades. Our agents and support staff are seasoned experts in property management and full right-of-way support. The Monument Team has successfully managed public works projects throughout California, involving thousands of parcels and property owners and countless miles of rightof-way.

Technical Approach and Timeline. The members of the Monument Team are known in the industry for successfully completing projects on an accelerated schedule. We offer value through early project planning, a clear scope of work, defined project tasks and deliverables, quality control, exceptional project performance, and knowing the real estate and right-of-way process and timetables. In addition, we know the importance of collaborating with stakeholders to ensure the successful and timely completion of each project.

Price. Monument understands and is sensitive to the budget constraints that government entities often face; therefore, we are happy to provide competitive rates that fall within the City’s budget.

Contract Agreement Statement. Monument approves of the Sample Contractor Agreement and will agree to its terms without modification.

We Are Certified. Monument is a certified DBE, SBE, and WBE which may help the City meet any federal funding goals on future projects.

Point of Contact. Amber Costello, Principal and President, will serve as your single point of contact and is authorized to bind Monument. Amber can be reached by phone at 562.260.0507 or electronically at [email protected]
We are confident that the attached proposal clearly identifies the ways in which Monument can fulfill the needs of the City of Santa Ana in a cost-effective and timely manner. Please do not hesitate to reach out with additional questions. We look forward to serving the City of Santa Ana.

Warmly,
Amber Costello,
President
City Council 28 – 182 5/17/2022
3 City of Santa Ana On Call Right-of-Way Services: Property Management B. FIRM PROFILE
Monument, a DBE, SBE and WBE certified firm, is
a full-service real estate and right-of-way company
providing exceptional service, strategic planning,
innovation and timely delivery. We serve local, state
and federal agencies, transportation authorities and
engineering partners with public infrastructure projects throughout California. At Monument, we understand
the difference an experienced, solutions-minded rightof-way partner can bring in achieving the goals and objectives of a project and that’s exactly what we are.

We have successfully delivered hundreds of projects
that include all of the services in the RFP as a Team,
with our success attributed to our Company motto. . .
we listen, we innovate, we deliver.

Monument is more than your typical right-of-way
company. Our team is comprised of the best in the
industry, most with over 25 years in the business and
leaders of some of the largest and most complex
projects delivered in the State of California. Monument’s interdisciplinary team is composed of highly experienced project managers, seasoned acquisition agents,
relocation experts and project support specialists,
working together with the client to provide solutions
at every phase of the project. The Monument team
is known in the industry for successfully completing
projects on an accelerated schedule. We accomplish
this with early project planning, a clear scope of work, defined project tasks and deliverables, quality control, exceptional performance, and communication with the
client and project partners. We know the importance
of collaborating with stakeholders to ensure the
successful and timely completion of each project.

Monument is a project partner, equally invested in the
goals and objectives of the project and fully integrated with the project team.

Office Location & Point of Contact The proposed
services will be performed by staff in Monument’s Irvine office which is located at 200 Spectrum Center, Suite
300, Irvine, CA 92618. Our team will be led by Daniel
Borbe, Principal In Charge and Curtis Bibolet, Property Management Manager. Amber Costello, Principal and
President is authorized to bind the company and can
be reached directly at 562.260.0507 or electronically at [email protected].

DBE & SBE Participation Monument is certified as a
Disadvantaged Business Enterprise (DBE) registered
as CUCP #46456, a Small Business Enterprise
(SBE) registered as Metro #8144, and a WomanOwned Business Enterprise (WBE) registered as CPUC #21001055 in the State of California. These
certifications may assist the City in meeting federal
requirements as necessary and the City is supporting
small business by working with Monument.

Our Services Monument is a robust team of experts
in many right-of-way disciplines. We are more than
just acquisition and relocation. Monument offers the
following full range of services, should the City have
any additional right-of-way needs:

ORGANIZATION TYPE: DBE, SBE
and WBE
OFFICES: Irvine, Los Angeles, and
Sacramento
FIRM SIZE: 25+ employees
• Project & Program
Management
• Planning &
Programming
• Property Acquisition
• Residential & Business
Relocation
• Property & Asset
Management
• Appraisal & Appraisal
Review
• Title & Escrow
• Condemnation Support
• Feasibility Studies &
Cost Estimating
• Site Location & Corridor
Analysis
• Utility Coordination
• Prior Rights Research &
Investigation
• In Lieu Staffing Support
“Monument demonstrates a very high level of
experience, innovation and agility in the project
delivery process. The Monument Team works
hand-in-hand with the Agency to accomplish
both Agency and project goals. The leadership
has been instrumental in solving many project
challenges and achieving successful project
delivery. “
-Joe Gallardo, Real Property Manager, OCTA
City Council 28 – 183 5/17/2022
4 City of Santa Ana On Call Right-of-Way Services: Property Management

WHY THE CITY SHOULD CHOOSE MONUMENT
We present three key differentiators which set Monument apart from our competition and demonstrate that Monument is the right choice for the City of Santa Ana.

OUR LEADER Our designated Principal In Charge, Daniela Borbe, has worked in partnership with the City of Santa Ana for over 15 years and has successfully delivered multiple projects including Bristol Street Widening Project, Phases 3A, 3B and 4, Warner Avenue Widening Project and Grand Avenue Widening Project. Daniela also provided over 5 years of property management services for many phases of the Bristol Street Widening project. Daniela is currently managing several projects for the City including Fairview Widening, Bristol Street Widening phases, Warner Avenue and multiple projects for Water Resources. Given our deep experience with the City, it makes sense for Daniela to supervise the property management for the City as well. Daniela is a highly dedicated and experienced Project Manager with over 20 years of experience managing projects in Orange County and the greater Los Angeles area. Daniela has the demonstrated ability to meet and exceed the needs of the City while building trust with the community and stakeholders.

Daniela brings significant tribal knowledge of the City’s preferences, policies and procedures, fiscal sensitivity, and understands how the City manages projects. There is no learning curve here . . .

Daniela is the best leader for the City!
OUR TEAM Daniela will be supported by our Property Management Manager, Curtis Bibolet, AMC.

Curtis is a seasoned property manager with over 13 years of property management experience for local government agencies including San Bernardino County Transportation Authority and Riverside County Transportation Commission. Curtis has demonstrated experience with local property maintenance vendors, property management and maintenance, and leasing and rental of city properties. Curtis will handle the day-to-day management and will be supported by Haben Woldemariam and Kristine Sander who have been working in the management of properties for many years. Our knowledge of City policy and practice allows our Team to provide the most cost and time-efficient service to the City of Santa Ana. Further, our Team includes the best right-of-way practitioners in the industry who have joined forces at Monument which provides the City of Santa Ana with a depth of knowledge and resources to tap into as needed.

WE ARE LOCAL Monument has the local resources necessary to meet the City’s needs. Our office, as well as the residences of our proposed staff, are all within 15 minutes of the City of Santa Ana. Our proposed Team and additional resources are truly local and available to attend in-person walk-throughs, inspections, meetings with vendors and any other coordinated planning sessions.

We are available and present to the City of Santa Ana.

Now let’s dive into the Monument Team and our experience. . .

City Council 28 – 184 5/17/2022
5 City of Santa Ana On Call Right-of-Way Services: Property Management THE MONUMENT TEAM: A DEPTH OF EXPERIENCE
We are currently working with the City on approximately 7 projects and have a good working rapport with City Staff. Monument’s Leader, Daniela Borbe, has significant experience with the City and has previously handled its property management needs. She is well versed in the City’s management style and preferences and will ensure the property management program is implemented by the Monument Team.

As the day-to-day Manager, we are proud to designate and commit our most experienced Property Management Manager, Curtis Bibolet, to lead the Monument Team. Curtis was selected based on his extensive property management experience working with countless agencies, cities and counties. Curtis has managed large portfolios of properties as well as single family residences and manages a group of quality vendors.

Finally, Monument has also teamed up with our favorite team of subconsultants for property management services including SLS Property Solutions for board-up work, graffiti, and maintenance; J&G Industries for demolition and site clearance; and Ninyo & Moore and Group Delta for asbestos and lead testing.

In addition to our proposed Team, Monument has additional staffing resources to call upon to support the City as needed. An organizational chart delineating team roles and responsibilities is included below.

TEAM ORGANIZATION

PROPERTY MANAGEMENT

MANAGER
Curtis Bibolet, SR/WA, AMC *

PRINCIPAL-IN-CHARGE
Daniela Borbe † *
Property Management Property Maintenance Services
Board Ups, Graffiti, and
Maintenance
Sara Strader

SLS PROPERTY SOLUTIONS
Paul Strader

SLS PROPERTY SOLUTIONS
Kristine Sander

PROPERTY MANAGEMENT

COORDINATOR
Haben Woldemariam †

FIELD INSPECTOR
Legend:

KEY PERSONNEL

BILINGUAL
*
†
Asbestos and Lead Testing
Demolition and Site
Clearance
James Cain

J&G INDUSTRIES
Eric Cain

J&G INDUSTRIES
Jack Packwood

GROUP DELTA
Glenn Burks

GROUP DELTA
David Kelly

NINYO & MOORE
Michael Kushner

NINYO & MOORE
City Council 28 – 185 5/17/2022
6 City of Santa Ana On Call Right-of-Way Services: Property Management Monument is proud to designate
Daniela Borbe, a high level,
dedicated, and experienced
Manager, to oversee our Team.

Daniela is well versed in the City’s preferences and
process since she has been working City projects and
handling property management for the past 10 years.

In recent years, Daniela has assisted the City in the
delivery of significant capital projects, including the Bristol Street Widening Project, Phases 3A, 3B and
4, Warner Avenue Widening Project, Phases 1 and
2 and Grand Avenue Widening Project. Daniela is
currently managing City projects including Fairview
Widening, Bristol Street Widening phases, Warner
Avenue and multiple projects for Water Resources.

Daniela has 20 years of experience in the real estate
and right-of-way industry with an extensive history in
Southern California. She’s managed a wide range
of capital projects from local water improvement
projects to road widening projects to major regional
transportation projects, varying in size from just a few parcels to hundreds of acquisition and relocation cases.

Daniela has also provided Property Management
services for the City of Santa Ana on the Bristol
Street Widening. In addition to the City, Daniela
has managed property management programs for
the cities of Long Beach, Bakersfield, Glendale
and the City of Los Angeles.

Daniela has an extensive background in quality control
and assurance and maintaining federal, state, local,
agency and Caltrans compliance. Daniela takes pride
in meeting project goals and objectives, and her clients find her proactive, creative, responsive, and a pleasure to work with.

DANIELA BORBE

PRINCIPAL IN CHARGE
Curtis is designated as the
Property Management Project
Manager and will manage the
City’s properties and vacant
lands with a seasoned team and
quality vendors. During his 13 years in the industry,
Curtis has amassed experience in Orange County
and the surrounding local agencies. He has worked on
Mount Vernon Bridge Replacement Project and State
Route 55 Improvement Project and is currently working
with San Bernardino County Transportation Authority
on the West Valley Connector and the City of Chino on
the El Prado Intersection Projects.

Curtis is experienced in property management,
utility relocation, and other facets of the right-of-way process. He has worked with a wide range of public
agencies and private sector clients, including Riverside County Transportation Commission, Orange County
Transportation Authority, San Bernardino Transportation Authority, and Foothill/Eastern Transportation Corridor Agency.

Curtis has been managing properties for some of
our biggest clients. He has managed hundreds
of properties throughout the state of California
and currently oversees our Property Management
Team. Curtis is dedicated to ensuring his clients
assets are properly maintained and cared for through
his experience in coordinating property maintenance,
working with vendors, and addressing any issues that
arise.

Curtis adds a tremendous depth of knowledge and
experience to the Monument Team, and has proven to
be a trustworthy and reliable resource for his clients.

CURTIS BIBOLET, SR/WA, R/W-AMC

PROPERTY MANAGEMENT MANAGER
City Council 28 – 186 5/17/2022
7 City of Santa Ana On Call Right-of-Way Services: Property Management Additional Team Members Experience

KRISTINE SANDER
Property Management
Coordinator
6 Years Experience
Kristine has spent her entire career in property management. She is experienced in drafting and negotiation of leasing agreements and licenses, rent collection and reconciliation, reporting, data collection, maintenance of coordination with escrow companies in the transfer of leases, security deposit maintenance, and coordination of vendors and subconsultants.

HABEN WOLDEMARIAN
Agent / Field Inspector
5 Years Experience
Haben is an experienced Property Management Agent and has been in the industry for over 5 years. Haben performs site inspections, coordinates property maintenance tasks with vendors, acts a liaison between tenants and City, coordinates security, ensures premises are maintain in conformance with appropriate regulations, coordinate vacancy of properties with acquisition and relocation consultants and handles eviction matters.

ADDITIONAL STAFF
The Monument Team is comprised of local talent ready to assist the City with all of its project needs. Daniela and Curtis will be supported by Kristine Sander and Haben Woldemariam.

SUBCONSULTANTS
Our amazing subconsultant partners include the following firms and their indicated Key Staff. Each of these companies have proven experience and knowledge in their respective fields and were chosen based on their commitment to excellent delivery and years of successful collaboration with the Monument Team.

SUBCONSULTANT AVAILABILITY EXPERIENCE

SARAH STRADER
SLS Property Solutions
Board Ups, Graffiti, and
Maintenance
40% Sara Strader is the President of SLS Property Solutions, who have been providing property maintenance services for the City of Santa Ana and the surrounding area since 2013. Sarah has experience working with Caltrans, and Orange County Transportation Authority and expertise in California Public Contract Code, Federal Transit Authority, and Federal Highway Authority rules and regulations.

ERIC CAIN
J&G Industires
Demolition and Site Clearance
55% Eric has over 11 years of experience in the demolition and hazardous materials industry and holds a multitude of certifications related to construction safety and regulations, and hazardous waste mitigation. Eric has been a project manager and field super intendant for numerous projects in the City of Santa Ana and surrounding areas.

JACK PACKWOOD
Group Delta
Asbestos and Lead
50% Jack is experienced in managing projects that provide a wide spectrum of environmental services, most notably on largescale construction projects. He offers expertise in construction compliance, site assessment, remediation, due diligence, and hazardous waste disposal and management. He maintains positive working relationships and has dealt proactively and effectively with multiple local, state, and federal regulatory agencies.

MICHAEL S. CUSHNER,

CAC, LRC I/A
Ninyo & Moore
Asbestos and Lead
50% Michael Cushner is responsible for the project coordination and technical thoroughness of Ninyo & Moore’s asbestos and lead inspection surveys, moisture intrusion and indoor air quality evaluations, aerially deposited lead subsurface evaluations, lead and asbestos abatement monitoring, and other hazardous materials surveys. City Council 28 – 187 5/17/2022
8 City of Santa Ana On Call Right-of-Way Services: Property Management C. UNDERSTANDING OF NEED
The City of Santa Ana is seeking a professional consultant to coordinate and manage property management tasks with the City. Monument will provide post acquisition property management services during the transition from occupancy to demolition, including the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns.

Not only does Monument have a clear understanding of the City needs, we have over a decade of experience working directly with the City of Santa Ana delivering many projects. As mentioned in this proposal, many of our team have delivered projects and worked with the City, including Principal-in-Charge, Daniela Borbe. This direct experience working with the City of Santa Ana provides Monument valuable insight into the City’s real estate and right-of-way needs. In particular, we understand the City is looking for a trusted Consultant that provides quality service, but also goes above and beyond in achieving the City’s objectives as follows:

Local. Monument’s office and its Team are within short driving distance to the City and we know the City and surrounding areas well. We believe this is vital to serve the City and community by providing quick response times for in-person meetings, walk-throughs, site inspections and City meetings.

Budget Sensitive. Monument understands the budget constraints the City faces, and will find cost-saving solutions to minimize overall project costs. As Daniela has demonstrated on past City projects, she is an out-of-the-box thinker and guides the City on matters that could have significant cost implications.

Responsiveness. Our clients feel valued and taken care of. We accomplish this through our responsiveness. Our Team is always on-call and we respond to our emails, calls and text messages in a timely manner. In fact, we have an internal company policy that requires our team to respond within 2-4 business hours. Daniela and Curtis are the epitome of this policy and are always quick to respond and take immediate action. The Monument Team are hands-on and takes great pride in providing the City with the highest level of service and attention.

Knowing the Process. Our first-hand knowledge and working relationship with City staff will make it easy to integrate quickly onto the City’s projects and avoid any natural learning curve faced by our competitors. Monument can step in and make an immediate impact. . . and we will.

We are keenly aware of the City’s internal policies and procedures and know precisely what the City requires to process project issues. The Monument Team provides win-win solutions that accomplish the goals of the City while ensuring fairness to those impacted by the City’s projects.

Quality Assurance/Quality Control. The Monument Team follows a quality control procedure for all activities including Property Management. Our procedure are documented and all staff are trained to run their tasks and delivery items though our QA/QC process. We are obsessed with quality and ensure our delivery meets the highest standards.

City Council 28 – 188 5/17/2022
9 City of Santa Ana On Call Right-of-Way Services: Property Management D. RELEVANT PROJECT EXPERIENCE
Monument’s team has been part of the Southern California business landscape for more than 25 years delivering right-of-way services, including property management, on hundreds of projects. Our Property Management Team has demonstrated experience protecting, maintaining and managing agency, city and county assets. Below we provide a list of recent clients and two project references which highlight our property management experience.

AGENCY | PROJECT NAME | LOCATIONMONUMENT PERSONNEL INVOLVED Bristol Street Widening Project, Phases 3A, 3B, and 4
City of Santa Ana | Santa Ana, CA
Daniela Borbe
Kristine Sander
Haben Woldemariam
Lenwood Road Grade Separation Project
San Bernardino County Transportation Authority | Barstow, CA Curtis Bibolet North First Avenue Bridge Replacement over BNSF Rail Yard City of Barstow | Barstow, CA Curtis Bibolet
On-Call Property Management and Utility File Review
Riverside County Transportation Commission | Riverside, CA Curtis Bibolet State Route 91 Corridor Improvement Project
Riverside County Transportation Commission | Riverside, CA Kristine Sander Haben Woldemariam
Calle Contento/Rancho California Road Roundabout Project Riverside County Transportation Department | Temecula Valley, CA Curtis Bibolet Mount Vernon Bridge Replacement
San Bernardino County Transportation Authority | San Bernardino, CA Curtis Bibolet Various Projects, Community Redevelopment Agency of Los Angeles City of Los Angeles | Los Angeles, CA Daniela Borbe
Various Projects
City of Long Beach | Long Beach, CA Daniela Borbe
Centennial Corridor Improvement Project
City of Bakersfield | Bakersfield, CA
Daniela Borbe
Haben Woldemariam
City Council 28 – 189 5/17/2022
10 City of Santa Ana On Call Right-of-Way Services: Property Management SBCTA is slated to replace a nearly century old bridge that spans 1,100 feet over the Burlington Northern Santa Fe rail yard in San Bernardino, and provides a vital connection between north and south San Bernardino. The existing bridge is structurally deficient with a sufficiency rating of 2/100 and is in urgent need of replacement. The new Mount Vernon Avenue bridge will include two travel lanes in each direction, center median, sidewalks, a new bike lane and a new bridge that meets the latest structural safety and seismic standards.

The program consists of 36 full take acquisitions of single family and multifamily residential properties resulting in the displacement of 42 residential occupants. Additionally, the project required 15 partial acquisitions affecting commercial, industrial, residential, auto repair, motel and car wash properties as well as the BNSF rail yard.

Curtis Bibolet, Monument’s Property Management Manager, provided comprehensive interim property management services for 30 properties for two years while properties were being vacated prior to demolition. Curtis was responsible for all board-ups, coordination of fencing for multiple properties throughout multiple phases, and regular site inspections. The project experienced major issues with the homeless and crime during all phases of vacating the residents. Curtis was regularly coordinating with law enforcement to extract the homeless and secure the properties.

CLIENT CONTACT

DENNIS SAYLOR

PROJECT MANAGER
t: 909.889.8611
e: [email protected]

DATE OF SERVICES
2018 - Ongoing

SERVICES PROVIDED
Project Management
Property Management
Project Planning
Acquisition
Relocation

TOTAL PROJECT COST
$230 Million
$2.7 Million Right-of-Way Costs

MOUNT VERNON BRIDGE REPLACEMENT PROJECT

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
1170 W. Third Street, 2nd Floor | San Bernardino, CA
Curtis was also responsible for the coordination of pre-demolition activities including lead testing and abatement and removal of hazardous materials. He also coordinated with all utility companies for the transfer and disconnection of utilities. Curtis also coordinated the removal of utility meters prior to the demolition of structures.

Curtis and his Team successfully completed the interim property management of the project and maintained the project delivery schedule.

City Council 28 – 190 5/17/2022
11 City of Santa Ana On Call Right-of-Way Services: Property Management The Bristol Street Corridor is a Major Arterial Highway as designated in the Orange County Master Plan of Arterial Highways. This four lane highway serves as a vital north-south transportation link in Central Orange County, California which has regional as well as local significance. This public improvement project accomplished the widening of Bristol Street from four to six lanes to provide for additional capacity. This Highway has a high volume of motorists as well as bicyclists and pedestrian walkways. This project added a landscaped center median to provide safe mobility for all users, including pedestrians, bicyclists, transit riders, and motorists. The project involved both partial and full-take acquisitions and relocation of single-family residences and many businesses.

Daniela Borbe was responsible for the overall right-of-way project coordination and oversight which included property management. She actively managed the program plan, acquisition and relocation essential to the widening of Bristol Street. Daniela and her Team were responsible for the ongoing interim property management which included both maintenance and management services. These included the following:

CLIENT CONTACT

KENNY NGUYEN

SENIOR CIVIL ENGINEER
t: 714-647-5632
e: [email protected]

DATE OF SERVICES
2020 - Ongoing

SERVICES PROVIDED
Project Management
Project Planning
Property Management
Acquisition
Relocation

OVERSIGHT
Caltrans District 8

TOTAL PROJECT COST
$3,950,000
$61,590 Right-of-Way Costs

BRISTOL STREET WIDENING, MULTIPLE PHASES

CITY OF SANTA ANA
20 Civic Center Plaza 3rd Floor Reception, Ross Annex | Santa Ana, CA • Review of existing leases, licenses, franchises, easements, permits and other agreements and drafting of new agreements.
• Collection of rent and calculation of rental adjustments • Coordination with escrow companies for transfer of leases • Coordination of property maintenance with vendors.
• Site inspections of properties.
• Maintenance of tenant data base.
• Coordination of utilities and removal of utility meters • Provide security services, board-ups, abatement, lead testing and demolition. • Coordination of evictions
Daniela and the Team successfully delivered the property management program and maintained the greater project schedule.

City Council 28 – 191 5/17/2022
12 City of Santa Ana On Call Right-of-Way Services: Property Management E. REFERENCES
Monument has established an impeccable reputation with our clients and we look forward to continuing our relationship with the City of Santa Ana. We have provided three references below and encourage you to call to hear about our performance.

CITY OF MISSION VIEJO
Project: La Paz Bridge / Roadway Widening
Mark Chagnon
[email protected]
Riverside County Transportation
Commission
Project: On-Call Property Management and
Utility File Review
Hector Casillas
[email protected]

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
Project: Mount Vernon Bridge Replacement
Project
Dennis Saylor
[email protected]
City Council 28 – 192 5/17/2022
13 City of Santa Ana On Call Right-of-Way Services: Property Management Section Two

SCOPE OF SERVICES AND SCHEDULE
City Council 28 – 193 5/17/2022
14 City of Santa Ana On Call Right-of-Way Services: Property Management A. SCOPE OF WORK
Monument is prepared to handle interim property management activities as needed. Our property management staff have years of experience, providing Monument with long- term business relationships with local vendors to handle large or small maintenance issues and emergency repairs. Our Team has demonstrated experience with leasing and licensing and rent collection matters. Interim Property Management Tasks include the following:

PROPERTY MANAGEMENT
Monument will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Monument shall provide post-acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance, and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Curtis and the Monument Team will inspect all City-owned properties and to confirm the tenancy of occupants.

Monument’s Property Management duties shall include but are not limited to:
 Review existing leases, licenses, franchises, easements, permits, and other agreements for the City’s properties.
 Negotiate and draft new agreements or make revisions to existing agreements for approval by the City.
 Collect rent and calculate tenant rental adjustments, increases, and operating expenses for approval by City. Calculate the market rent for holdover tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include them in the escrow documents.
 Coordinate with escrow companies for transfer of leases, security deposits, and rents prior to close of escrow.
 Schedule, coordinate, and perform property maintenance tasks with qualified vendors.  Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism.
 Meet and inspect the City properties post-acquisition to ensure conformance with appropriate regulations.
 Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner’s name, tenant’s name and contract rent amount, notices, vacancy date and demolition.
 Maintain and update tenant databases.
 Coordinate with City’s acquisition and relocation consultant for post-acquisition Property Management of City properties.
 Act as Property Management Liaison between the tenants and City.

City Council 28 – 194 5/17/2022
15 City of Santa Ana On Call Right-of-Way Services: Property Management  Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management, and cable and telephone utilities.  Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures.
 Provide security services as needed.
 Provide comprehensive maintenance services including the yard and site maintenance.  Coordinate vacancy of the properties with acquisition/relocation consultant.  Coordinate fencing and boarding up of buildings after vacancy as necessary for security prior to demolition.
 Arrange for board up if there was any break-in of the original board up.  Coordinate and provide access to properties, with demolition contractors.  Coordinate eviction of tenants, if necessary, with City staff.  Coordinate with escrow companies for transfer of tenant information upon closure of escrow.

TRUST ACCOUNT
Monument will establish a separate checking account in the name of City and Monument with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies:
 At the creation of the account, Monument will document all tenancies that currently exist at Cityowned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report will be updated monthly to reflect any new tenants.  Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants.
 Funds may only be withdrawn by Monument to pay property management-related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000.

Expenditures in excess of $1,000 must be approved by City.  Non-emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. The operating reserve amount in the account shall be $5,000 per parcel. Monument will remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds will be remitted by Monument to the City via ACH or wire within fifteen (15) days of the most recently completed month. On a monthly basis, the Consultant will remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as requested.  All expenditures, regardless of the amount, will be supported by an itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable.  Changes to the rental information, such as the addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Monument will confirm all changes in writing to City’s Public Works and Finance and Management Agencies.

City Council 28 – 195 5/17/2022
16 City of Santa Ana On Call Right-of-Way Services: Property Management  Monument will maintain books and records in compliance with generally accepted accounting principles. On a monthly basis or upon City’s request, Monument will provide rental income by tenant (identify property address) and expenditures by category (e.g., utilities, maintenance, property management fees, etc.)
 Monument will make available all books and records related to the services provided to City Finance staff or an independent Certified Public Accounting firm acting on behalf of City.

WEEKLY STATUS REPORTS
Monument will provide to the City weekly status reports relating to the management and operation of the premises for the preceding calendar week. These documents will include the following, but are not limited to:
 Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.)
 Contractor competitive bids
 Tenant information, owner’s information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90-day notice dates, fencing, board up, testing dates, utility shut offs and meter removal dates.  Status report including inspection dates and any action items needed during the inspection and follow-up of the action items.

B. SCHEDULE
Upon notice to proceed, we will provide a schedule based on the task required. The schedule is an integral part of Monument’s management team to manage our client’s projects. It is integrated with budget, resources, scope, and quality requirements to produce a virtual model of the project execution plan to guide the team to the finish line. We utilize scheduling software, such as Microsoft Project and Primavera 6, to manage, monitor and ensure the team is performing efficiently and the property management process is on track.

City Council 28 – 196 5/17/2022
Section Three

FEE SCHEDULE
Please see separately sealed package for Monument’s Fee Schedule City Council 28 – 197 5/17/2022
Section Four

CERTIFICATIONS AND RESUMES
City Council 28 – 198 5/17/2022
Appendix
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT

CERTIFICATIONS
City of Santa Ana RFP 21-131
Page A3-1

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by before me.
, proved to me on the basis of satisfactory evidence to be the person(s) who appeared Notary Public Signature Notary Public Seal
Orange
9 March 22
Amber Costello
Please Find Notarized Document in Original Bound Copy of Proposal City Council 28 – 199 5/17/2022
City of Santa Ana RFP 21-131
Page A3-2
Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Firm
Signed and Printed Name:

Title
Date
Monument ROW, Inc.

Amber Costello
President
March 10, 2022
City Council 28 – 200 5/17/2022
City of Santa Ana RFP 21-131
Page A3-3
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 28 – 201 5/17/2022
City of Santa Ana RFP 21-131
Page A3-4
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

President
Monument ROW, Inc.

March 10, 2022
City Council 28 – 202 5/17/2022
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: †

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number

10. DBE %
%
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019
City of Santa Ana
100
Monument ROW, Inc.

Property Management 100
On-Call Right of Way Services:
46456 562.260.0507
Irvine, CA 92618
200 Spectrum Center, Suite 300
Monument ROW, Inc.

Amber Costello
President
3/10/2022
562.260.0507
City of Santa Ana On-Call Right of Way Services: Property Management City of Santa Ana
City Council 28 – 203 5/17/2022

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
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LPP 18-01 Page 2 of 2
January 2019
City Council 28 – 204 5/17/2022

DANIELA BORBE

PRINCIPAL IN CHARGE
Daniela has over 20 years of industry experience and possesses an extensive knowledge of all aspects of the real estate and right-of-way process. Over the span of her career she has managed numerous projects and successfully completed over 5,000 acquisitions and relocations for public improvement projects. She is responsible for the management of her acquisition and relocation staff and the budget and critical paths for each of her team’s projects.

Daniela is knowledgeable in Federal, State and local laws, regulations, and policies related to eminent domain, easements, rights of entry, and other right-of-way technical and legal activities involved with the formal process of acquiring right-of-way.

BRISTOL STREET WIDENING PROJECT, VARIOUS PHASES
City of Santa Ana | Santa Ana, CA
As Property Management Manager for multiple phases of the Bristol Street Widening Project, Daniela provided property management and maintenance management for the project. Daniela procured the most qualified subconsultants and worked with the City for approval of all vendors.

Daniela was responsible for management of hazardous materials abatement, trash abatement, demolition, security, weed abatement, lot clearance and property maintenance. Daniela was responsible for leasing and rent collection as needed.

CENTENNIAL CORRIDOR PROJECT
City of Bakersfield | Bakersfield, CA
Daniela was responsible for the property management of hundreds of residences, commercial properties and vacant lots. This freeway expansion project involved over 450 property acquisitions of mostly single-family residences. As the Property Management Manager, Daniela was responsible for the selection and management of vendors for hazardous abatement, trash abatement, weed abatement and lot clearance. She managed a security company and significant transient problem. Daniela also managed the leasing and property maintenance of over 100 residences in various phases of demolition. She was responsible for the collection of rents and eviction process throughout the life of the project.

VARIOUS PROJECTS
City of Long Beach | Long Beach, CA
Daniela was the go-to Property Manager for the City of Long Beach for over ten years. She managed a large property profile of leases and rentals and implemented and managed a rent collection program. She worked closely with the Property Maintenance Manger to ensure all rentals were properly maintained and met all requirements of sanitary and safety.

VARIOUS PROJECTS, COMMUNITY REDEVELOPMENT AGENCY OF LOS ANGELES (CRA/LA)
City of Los Angeles | Los Angeles, CA
Daniela was responsible for the property management of hundreds of residences, commercial properties and vacant lots. CRA/LA property management involved hundreds of properties including large apartment complexes, commercial buildings and single-family residences.

As the Property Management Manager, Daniela was responsible for the selection and management of vendors for hazardous abatement, trash abatement, weed abatement and lot clearance. She managed a security company and significant transient problem. Daniela also managed the leasing and property maintenance of commercial buildings and residences for the redevelopment program. She was responsible for the collection of rents and eviction process throughout the life of the redevelopment program.

PROJECT EXPERIENCE
20 YEARS EXPERIENCE

BACHELORS DEGREE
Public Administration, Babes
Bolyai University, Romania

EDUCATION

REAL ESTATE SALESPERSON
State of California
CA#01511932

NOTARY PUBLIC
State of California

LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar

AFFILIATIONS
Daniela came to America from
her native country Romania and
jumped right into the world of
right-of-way. After a brief stint
selling corduroys at JCPenney,
she took a job at a local rightof-way company answering phones even though she barely
spoke English. Through hard
work and perseverance, she
grew into the fierce professional
that she is today.

FUN FACT!
City Council 28 – 205 5/17/2022
w

C U R T I S B I B O L E T, S R / W A ,

R/W-AMC

PROPERTY MANAGEMENT MANAGER
Curtis is a certified right-of-way professional and possesses an abundance of transactional real estate, utility relocation, and property management expertise. He has managed thousands of properties throughout California utilizing best practices, regulatory procedures, and logistics for utility relocation and property management.

He has worked with a large range of public and private agencies. Curtis provides oversight and quality assurance and is focused on maximizing revenue, clearing encroachments, and mitigating utility conflicts for his clients.

MT. VERNON BRIDGE REPLACEMENT PROJECT
San Bernardino County Transportation Authority (SCBTA) | San Bernardino, CA The Mt. Vernon Bridge over BNSF Intermodal Yard Replacement is a $140 million Design-Build project owned by SBCTA involving the demolition of the existing bridge and construction of a new bridge over 1,000’ in length.

Curtis provided Property Management services including oversight of board-ups, fencing, and engaging law enforcement to remove trespassers and homeless on approximately 30 properties. He also coordinated testing for lead paint and managed all property maintenance subconsultants. Curtis also handled utility coordination involving 17 utility companies. Curtis was responsible for preparation of Notices to Owners for the 10 facilities in conflict, drafted a utility agreement, and coordinated 30 potholes. Funding sources and stakeholders include Federal Highway Administration, Federal Highway Bridge Program, Caltrans, and BNSF Railway.

PROPERTY MANAGEMENT ON-CALL CONTRACT
Riverside County Transportation Commission (RCTC) | Riverside, CA As Property Management Lead, Curtis managed all activities and vendors performing weed abatement, hazardous material abatement, trash abatement, and homeless encampment abatement. He also provided a full detailed review of over 600 licenses, leases, and easements in existence along a 38-mile railroad corridor for the Commission. The process includes reviewing the documents, performing site visits to verify facilities, identifying contractual deficiencies, identifying unauthorized encroachments, and recommending and implementing resolutions while monitoring and updating project databases. Other tasks involve creating new licenses for private-use owners and developing master license agreements or utility companies.

SR-55 IMPROVEMENT PROJECT
Orange County Transportation Authority (OCTA) | Orange, CA The SR-55 project spans the I-5 to the SR91 adding general-purpose and auxiliary lanes in each direction at strategic locations along SR-55. Curtis worked with the design team to identify utility conflicts and prepare relocation estimates for facilities in conflict, culminating in Caltrans Right of Way Data Sheets for each design alternative.
13 YEARS IN THE INDUSTRY

BACHELORS DEGREE
Communication Studies, Minor in
Business, University of Idaho

EDUCATION

SENIOR RIGHT-OF-WAY AGENT
(SR/WA)
International Right-of-Way Association

RIGHT-OF-WAY ASSET

MANAGEMENT (R/W-AMC)
International Right-of-Way Association

REAL ESTATE SALESMAN
State of California
CA#02008725

LICENSES

INTERNATIONAL RIGHT-OF-WAY

ASSOCIATION (IRWA)

AFFILIATIONS
Curtis is a boating enthusiast
even though his acronym for
BOAT means “Bust Out Another
Thousand.” He is exceptional at
producing large crawfish boils
and his favorite food is creole.

He played football in college and
married his college sweetheart.

FUN FACT!

PROJECT EXPERIENCE
City Council 28 – 206 5/17/2022

LENWOOD ROAD GRADE SEPARATION PROJECT
San Bernardino County Transportation Authority (SBCTA) | Barstow, CA For this grade separation project, Curtis provided property management services including oversight for demolition, clearance, and hazardous abatement for 15 structures. Curtis provided property management services and managed all property maintenance subconsultants during both the Preliminary Engineering and Environmental Document and Final Design phases. The Project’s purpose was to construct an overpass over the BNSF railroad.

NORTH FIRST AVENUE BRIDGE REPLACEMENT OVER BNSF RAIL YARD City of Barstow | Barstow, CA
Utilizing Caltrans Highway Bridge funds, the City is replacing the bridge to correct structural deficiencies. Curtis provided utility coordination services for 28 utility conflicts in the original design and ultimately coordinated relocations for 11 facilities. Utilities affected included City of Barstow sewer, Golden State Water, Southwest Gas, Edison, Time Warner Cable, and Verizon. Curtis managed all property management and maintenance for the project, procured the most qualified abatement and demolition providers and worked with the City for approval of all vendors. He also provided cost estimates for the utility relocations for the Caltrans Right of Way Data Sheet and certification package.

I-5 IMPROVEMENT PROJECT
Orange County Transportation Authority | Orange, CA
This 9-mile highway corridor improvement project improves the I-5 between the I-405 and SR-55, Curtis identified right-of-way and utility impacts associated with two build alternates. Based on the preliminary geometric plans, Curtis prepared Caltrans Right of Way Data Sheets for review and approval by OCTA and Caltrans District 12. He prepared a detailed scope, schedule, and estimated cost of utility relocations. Curtis identified low and high-risk utility areas within the project limits which may be subject to the requirements of the California Public Utility Commission General Order 131-D.

CALLE CONTENTO/RANCHO CALIFORNIA ROAD ROUNDABOUT PROJECT Riverside County Transportation Department | Temecula Valley, CA The Temecula Valley Wine Country Community Plan adopted by the Riverside County Board of Supervisors includes the implementation of roundabouts at five intersections across four miles of Rancho California Road between Butterfield Stage Road and Glenoaks Road. Curtis provided property management and utility coordinator services as the subconsultant to the design engineer. Curtis was responsible for collection of the as-built plan, created a utility conflict matrix, reviewed utility exhibits, and drafted license agreements. In the absence of a Construction Manager for this project, as Utility Coordinator, Curtis was engaged during construction phase and coordinating with the contractor and affected utility agencies.

CURTIS’ EXPERIENCE CONTINUED

A GUY YOU LIKE TO WORK
WITH!

A HANDS ON MANAGER

UTILITY RELOCATION
WIZARD

MASTER OF FEDERAL

AND STATE LAW

UNDERSTANDS THE

IMPORTANCE OF PROPERTY

MANAGEMENT AND RIGHT
OF WAY
CURTIS

AT A GLANCE
City Council 28 – 207 5/17/2022

KRISTINE SANDER

PROPERTY MANAGEMENT COORDINATOR
Kristine has 6 years of experience in many aspects of the professional real estate industry. Her role as a project coordinator has contributed to her expertise and knowledge of project disciplines including disseminating project information, project management, developing and maintaining project deliverables under the direction of the project manager and client. Her responsibilities include coordinating project materials and research, generating schedules reports, managing meeting minutes, updating project information, scheduling meetings, and other project related events.

INTERSTATE 405 IMPROVEMENT PROJECT
Orange County Transportation Authority | Santa Ana, CA | 2015 - Ongoing Kristine is a project coordinator providing administrative support to the Project Manager for this design-build project that will widen approximately 16 miles of active freeway between SR-73 in Costa Mesa and I-605 near the L.A. County line. The project involves more that 250 properties.

Kristine was involved in the preparation of project reports, property research and complication of parcel information.

STATE ROUTE 55 IMPROVEMENT PROJECT
Orange County Transportation Authority | Santa Ana, CA | 2018 - Ongoing Kristine’s role includes project coordination, preparation of offer packages, coordinating and ordering appraisals, completing escrow and title coordination, market research, progress report preparation and file documentation.

CALIFORNIA HIGH-SPEED RAIL PROJECT
California High-Speed Rail Authority | Fresno, CA | 2019 - Ongoing Kristine is part of the consultant team providing right-of-way support on Construction Package 1, a 23-mile segment between Avenue 19 in Madera County to East American Avenue in Fresno County. She manages an intense conveyance and permit process for the Authority preparing and tracking over 1000 conveyance packages including coordination with owners, utilities and stakeholders.

BRISTOL STREET WIDENING
City of Santa Ana | Santa Ana, CA | 2018 - 2019
Kristine assisted with executing rental agreements, rent collections, property maintenance, conducted property & vacancy inspections, coordinating utility shut-offs, conducting fair market rate studies and more. She also acted as liaison between City staff, vendors, tenants and various other entities.

STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT
Riverside County Transportation Commission | Riverside, CA | 2015 - 2019 Kristine assisted with executing rental agreements, rent collections, property maintenance, tenant disputes, oversight of vendors, and tenant screening. She provided oversight of monthly maintenance, debris removal, weed and graffiti abatement and assisted in overseeing environmental remediation, security services, tenant improvements and repairs, fencing, boardup and locksmith services, paving and striping and hazardous waste removal. 6 YEARS EXPERIENCE PROJECT EXPERIENCE

BACHELORS DEGREE
Human Development and
Family Services, Oregon State
University, Corvallis, OR

EDUCATION

REAL ESTATE SALESMAN
State of California (Pending)

NOTARY PUBLIC
State of California (Pending)

LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar

AFFILIATIONS
Kristine loves the ocean. Most
of her travels include sand, an
umbrella and the sea. From a
young age she was fascinated
by the ocean and whales and
she dreamed of owning her
own orca. Thankfully, she did
not pursue ownership of a killer
whale! In her spare time she
reads at least one book per
week and loves baking.

FUN FACT!
City Council 28 – 208 5/17/2022

HABEN WOLDEMARIAM

AGENT / FIELD INSPECTOR
Haben has been in the right-of-way business for over 5 years and has developed into a multi-tasking, utility player. He is experienced in property management, relocation, acquisition, and project controls. Haben is a determined and quick learner which has excelled him quickly within our industry. Given his tech savvy ability, he jumped into development, implementation and controlling of project schedules and budgets and provides risk analysis, reporting and property analysis to Monument projects. He is also experienced in organization and management of a high volume of properties.

CALIFORNIA HIGH-SPEED RAIL PROJECT
California High-Speed Rail Authority | Fresno, CA | 2016 - Ongoing The California High-Speed Rail Authority is responsible for planning, designing, building, and operating the first high-speed rail system in the nation. As an Agent, Haben provided relocation assistance to numerous businesses and various residential tenants. Responsibilities included communication with the client and tenant’s attorneys, coordination with contractors to obtain accurate estimates, preparation and review of relocation claims and notices. Additional responsibilities included reviewing leases and F&E ownership, coordination of acquisition of F&E with Senior Agents, reviewing appraisals and other related documents and reports.

Most recently, Haben is a part of the consultant team providing right-of-way support on Construction Package 1, a 23-mile segment between Avenue 19 in Madera County to East American Avenue in Fresno County. Haben manages an intense conveyance and permit process for the Authority, preparing and tracking over 1000 conveyance packages including coordination with owners, utilities, and stakeholders.

CENTENNIAL CORRIDOR IMPROVEMENT PROJECT
City of Bakersfield | Bakersfield, CA | 2016 - 2020
The City of Bakersfield, in cooperation with Caltrans, is building a new east-west transportation corridor for SR-58, providing a continuous alignment from SR-99 to I-5. Haben handled all aspects of Property Management including executing rental agreements, rent collection, back rent collection, property maintenance, liaison between City, vendors, tenants, owners & other entities for over 215 commercial & residential parcels. He accurately maintained and constantly updated tenant data for over 550 units, supervised lien noticing and subsequent lien sales until complete vacancy of all units.

As an Agent, Haben provided relocation assistance to affected businesses, as well as coordination of F&E ownership. Additional responsibilities included, preparing and reviewing status reports and preparing relocation claims, working with contractors to obtain accurate estimates identified in appraisals.

BRISTOL STREET WIDENING
City of Santa Ana | Santa Ana, CA | 2018 - 2019
Haben assisted with executing rental agreements, rent collections, property maintenance, conducted property and vacancy inspections, coordinating utility shut-offs, conducting fair market rate studies and more. He also acted as liaison between City staff, vendors, tenants and various other entities and assisted in oversight of project-wide security patrol. 5 YEARS EXPERIENCE PROJECT EXPERIENCE

COURSEWORK
California State Polytechnic
University, Pomona, CA

EDUCATION

REAL ESTATE SALESMAN
State of California
CA#02138220

NOTARY PUBLIC
State of California

LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar

AFFILIATIONS
Haben grew-up in Ulm, Germany
which just so happens to be the
hometown of Albert Einstein. A
world traveler, Haben has visited
more countries in the world than
he has visited states within the
U.S. Strangely, he has never
visited the state of Colorado
even though he is a diehard
Denver Broncos fan.

FUN FACT!
City Council 28 – 209 5/17/2022
monumentrow.com
200 SPECTRUM CENTER | SUITE 300 | IRVINE, CA 92618

THANK YOU

FOR YOUR CONSIDERATION
City Council 28 – 210 5/17/2022

EXHIBIT C
City Council 28 – 211 5/17/2022
ON CALL RIGHT-OF-WAY SERVICES:

PROPERTY MANAGEMENT RFP# 21-131
SECTION THREE: FEE PROPOSAL
PREPARED BY:

MONUMENT
200 Spectrum Center, Suite 300
Irvine, CA 92618
Ph: 800.577.0109
www.monumentrow.com
PREPARED FOR:

CITY OF SANTA ANA
ATTN: Kenny Nguyen
Public Works Agency; M-36
20 Civic Center Plaza, Ross Annex
Santa Ana, CA 92701
SUBMITTED ON MARCH 10, 2022
City Council 28 – 212 5/17/2022
Section Three

FEE SCHEDULE
City Council 28 – 213 5/17/2022

MONUMENT RIGHT-OF-WAY
2022 HOURLY RATE SCHEDULE
Property Management
Program Manager / Principal $249.87 per hour
Property Management - Principal in Charge $192.52 per hour Property Management Manager $151.81 per hour
Property Inspector $73.99 per hour
Property Management Coordinator $52.51 per hour
Project Support Specialist $65.63 per hour

ESTIMATED HOURS PER TASK/PER UNIT
Task
Estimated Hours
PIC PM
Manager
Property
Inspector
PM
Coordinator
Project
Support
Property Management
Administration
1-2 2-5 8-12
Property Inspections
1-2 16 20-60
Property Maintenance/Repairs
1-2 4-8 5-10 5-10
Demolition Coordination
2-5 24-32 40-50 4-8
Assumptions:
1) The above hourly rates and estimate hours represents tasks and activities to be performed by Monument and excludes vendor expenditures for board-ups, weed abatement, graffiti removal, fencing, maintenance, repairs, asbestos assessments and abatement, demolitions, permitting, etc. Monument will obtain at least 2 quotes at the time these services are required for the City’s approval.
2) The above estimated hours per task assumes a four month duration for property management services.

The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service. These expenses including out-of-pocket expenses such as pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract City Council 28 – 214 5/17/2022
amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).

In the event Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees.

If required, these types of services will be invoiced at two times the regular hourly rates.

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

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

Monument will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable.

City Council 28 – 215 5/17/2022
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Consultant: Monument ROW, Inc. Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. On-Call R/W: Property Management Contract No. RFP No.: 21-131 Participation Amount $ Date: 3/9/22 For Combined Rate
Fringe Benefit % + General & Administrative % = Combined Fee = 10%

BILLING INFORMATION CALCULATION INFORMATION
Name/Classification
Straight Overtime From To
Joey Mendoza $ 249.87 N/A 4/1/22 6/30/22 $ 108.17 -
Program Manager / Principal $ 257.37 N/A 7/1/22 6/30/23 3.00% $ 111.42 $ - - $ - $ 265.09 N/A 7/1/23 6/30/24 3.00% $ 114.76 $ - - $ -
$ 273.04 N/A 7/1/24 6/30/25 3.00% $ 118.20 $ - - $ -
$ 281.23 N/A 7/1/25 6/30/26 3.00% $ 121.75 $ - - $ -
Daniela Borbe $ 192.52 N/A 4/1/22 6/30/22 $ 83.34 -
Principal-in-Charge $ 198.29 N/A 7/1/22 6/30/23 3.00% $ 85.84 $ - - $ - $ 204.24 N/A 7/1/23 6/30/24 3.00% $ 88.42 $ - - $ -
$ 210.37 N/A 7/1/24 6/30/25 3.00% $ 91.07 $ - - $ -
$ 216.68 N/A 7/1/25 6/30/26 3.00% $ 93.80 $ - - $ -
Curtis Bibolet $ 151.81 N/A 4/1/22 6/30/22 $ 65.72 -
Property Management Manager $ 156.37 N/A 7/1/22 6/30/23 3.00% $ 67.69 $ - - $ - $ 161.06 N/A 7/1/23 6/30/24 3.00% $ 69.72 $ - - $ -
$ 165.89 N/A 7/1/24 6/30/25 3.00% $ 71.81 $ - - $ -
$ 170.87 N/A 7/1/25 6/30/26 3.00% $ 73.97 $ - - $ -
Tim McCloud $ 73.99 N/A 4/1/22 6/30/22 $ 32.03 -
Property Inspector $ 76.21 N/A 7/1/22 6/30/23 3.00% $ 32.99 $ - - $ - $ 78.50 N/A 7/1/23 6/30/24 3.00% $ 33.98 $ - - $ -
$ 80.85 N/A 7/1/24 6/30/25 3.00% $ 35.00 $ - - $ -
$ 83.28 N/A 7/1/25 6/30/26 3.00% $ 36.05 $ - - $ -
Kristine Sander $ 52.51 N/A 4/1/22 6/30/22 $ 22.73 -
Property Management Coordinator $ 54.08 N/A 7/1/22 6/30/23 3.00% $ 23.41 $ - - $ - $ 55.70 N/A 7/1/23 6/30/24 3.00% $ 24.11 $ - - $ -
$ 57.38 N/A 7/1/24 6/30/25 3.00% $ 24.84 $ - - $ -
$ 59.10 N/A 7/1/25 6/30/26 3.00% $ 25.58 $ - - $ -
Tiffany McCloud $ 65.63 N/A 4/1/22 6/30/22 $ 28.41 -
Property Support Specialist $ 67.60 N/A 7/1/22 6/30/23 3.00% $ 29.26 $ - - $ - $ 69.62 N/A 7/1/23 6/30/24 3.00% $ 30.14 $ - - $ -
$ 71.71 N/A 7/1/24 6/30/25 3.00% $ 31.04 $ - - $ -
$ 73.86 N/A 7/1/25 6/30/26 3.00% $ 31.98 $ - - $ -
$ - N/A 4/1/22 6/30/22 $ - $ - -
$ - N/A 7/1/22 6/30/23 3.00% $ - $ - - $ -
$ - N/A 7/1/23 6/30/24 3.00% $ - $ - - $ -
$ - N/A 7/1/24 6/30/25 3.00% $ - $ - - $ -
$ - N/A 7/1/25 6/30/26 3.00% $ - $ - - $ -
$ - N/A 4/1/22 6/30/22 $ - $ - -
$ - N/A 7/1/22 6/30/23 3.00% $ - $ - - $ -
$ - N/A 7/1/23 6/30/24 3.00% $ - $ - - $ -
$ - N/A 7/1/24 6/30/25 3.00% $ - $ - - $ -
$ - N/A 7/1/25 6/30/26 3.00% $ - $ - - $ -
$ - N/A 4/1/22 6/30/22 $ - $ - -
$ - N/A 7/1/22 6/30/23 3.00% $ - $ - - $ -
$ - N/A 7/1/23 6/30/24 3.00% $ - $ - - $ -
N/A 7/1/24 6/30/25 3.00% $ - $ - - $ -
$ - N/A 7/1/25 6/30/26 3.00% $ - $ - - $ -
$ - N/A 4/1/22 6/30/22 $ - $ - -
$ - N/A 7/1/22 6/30/23 3.00% $ - $ - - $ -
$ - N/A 7/1/23 6/30/24 3.00% $ - $ - - $ -
$ - N/A 7/1/24 6/30/25 3.00% $ - $ - - $ -
$ - N/A 7/1/25 6/30/26 3.00% $ - $ - - $ -
$ - N/A 4/1/22 6/30/22 $ - $ - -
$ - N/A 7/1/22 6/30/23 3.00% $ - $ - - $ -
Loaded Hourly Billing Rates
EXHIBIT 10-H2 COST PROPOSAL
110.00%
Hourly Range for Class Effective Date of Hourly
Rate
% Escalation
Increase
Actual Hourly Rate
and/or Average Hourly
Rate
City Council 28 – 216 5/17/2022
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Consultant: Monument ROW, Inc. Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. On-Call R/W: Property Management Contract No. RFP No.: 21-131 Participation Amount $ Date: 3/9/22 For Combined Rate
Fringe Benefit % + General & Administrative % = Combined Fee = 10%

BILLING INFORMATION CALCULATION INFORMATION
Name/Classification
Straight Overtime From To
Loaded Hourly Billing Rates
EXHIBIT 10-H2 COST PROPOSAL
110.00%
Hourly Range for Class Effective Date of Hourly
Rate
% Escalation
Increase
Actual Hourly Rate
and/or Average Hourly
Rate
$ - N/A 7/1/23 6/30/24 3.00% $ - $ - - $ -
$ - N/A 7/1/24 6/30/25 3.00% $ - $ - - $ -
$ - N/A 7/1/25 6/30/26 3.00% $ - $ - - $ -
City Council 28 – 217 5/17/2022
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Consultant___________________________________ Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. ____________________ Contract No. Date:

Description of Item Quantity Unit Unit Cost Total
Mileage Costs 3000 $ 0.57 $ 1,695.00
Equipment Rental and Supplies $ - $ -
Permit Fees $ - $ -
Plan Sheets $ - $ -
Test Vehicle $ - $ -
Subconsultant 1: $ - $ -
$ -
$ -
$ -
$ -
$ -
NOTES:

1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice)

5. Items listed above that would be considered "tools of the trade" are not reimburseable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

EXHIBIT 10-H2 COST PROPOSAL
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Subconsultant 1:

City Council 28 – 218 5/17/2022
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 1
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Consultant Firm Name _____________________________________________________________ Local Agency (if applicable) _______________________________________________________ Contract Number / Federal Project Number ________________________________________ Contract Total $ ___________________________________________________________________ For Subconsultant Firms – estimated % of work to be performed ____________________ % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).

Consultant Firm Certification of Eligibility
I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as I:

1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.

2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.

AND

1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.

2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.

Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system Monument ROW, Inc
City Council 28 – 219 5/17/2022
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 2
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs.

Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.

Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor.

Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.

Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.

References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.

Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.

Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.

Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.

Title 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.

American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).

Amber Costello
President
5/19/21 3/10/2022
City Council 28 – 220 5/17/2022
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 3
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm’s Financial Management System.

City Council 28 – 221 5/17/2022
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 4
Questionnaire for Evaluating Consultant Firm’s Financial Management System
Consultant Firm Name _____________________________________________________________ Firm Headquarters Address _________________________________________________________ _________________________________________________________ Accounting Records
• Location where Accounting records are held ________________________ • Name and Title _____________________________________________________ • Email and Phone ____________________________________________________ • Mailing Address _____________________________________________________ ____________________________________________________
To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm’s financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.

Instructions

1. Answer all questions and provide an explanation and additional supporting documentation where requested.

2. If additional space is required, please attach a separate sheet and refer to items being answered by number.

Has the Firm developed an indirect cost rate in the past? Yes ____ No ___ If “Yes”, you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.

Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes ____ No ___ Or Local Government contract > $1M, regardless of the participation Amount?
If “Yes”, you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.

Monument ROW, Inc
200 Spectrum Center, Suite 300
Irvine, CA 92618
8 Cobblestone Court, Laguna Niguel, CA 92677
Amber Costello, President
[email protected] 562.260.0507
200 Spectrum Center, Suite 300
Irvine, CA 92618
x
x
City Council 28 – 222 5/17/2022
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 5

1. What form of business entity is the Firm?
Sole Proprietorship ___ Partnership ____ C Corporation __ S Corporation __ Other __________________________________________________

2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services ____ Program Management ____ Preliminary Engineering ____ Design Engineering ____
Surveying ____ Feasibility Studies ____
Mapping or Architectural Related Services ____ Other _____________________

3. Does the Firm have prior government contracting experience? Yes ____ No ____

4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes ___ No _____ Non-Labor Yes ____ No ____

5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes_____ No ____

6. Does the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes _____ No _____

7. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes _____ No _____
x
Right of Way Services
x
x x
x
x
x
City Council 28 – 223 5/17/2022
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 6

8. Do you have written policies on the following cost categories? Accounting Yes ___ No ____ Overtime Yes _____ No ____
Billing Yes ___ No ____ Direct/Indirect Expenses Yes _____ No ____ Timesheet Preparation Yes ___ No ____ Prevailing Wage Yes _____ No ____ Bonus Yes ___ No ____

9. What types of employee status will the Firm provide for this contract? Non-exempt ____ Exempt-salaried ___ Exempt-hourly ___ Contract Employee ___ Other __________________________________________________

10.Does the Firm pay overtime for exempt employees?
Yes _____ No ___

11.Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle _____ Shipping ______
Computer/CADD _____ Lab ______
Printing _____ Travel _____
Specialty Equipment ____
(List below)
Other (List below) ______
_________________________________ ______________________________

12. Are mileage logs maintained for all vehicles? If no, please explain below.

Explanation _____________________________________________________________________ Where is the vehicle stored after work? ___________________________________________ Does employee use vehicle for personal use? Yes ______________________ No_______ What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ ________ per mile
x
x
x
x
x
x
x
x x
x
City Council 28 – 224 5/17/2022
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 7
I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate.

Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.

Amber Costello
President
3/10/2022
City Council 28 – 225 5/17/2022
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: † 7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:

21. Federal-Aid Project Number:

22. Contract Execution
Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

23. Local Agency Representative's Signature 24. Date

25. Local Agency Representative's Name 26. Phone

27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

15. Preparer's Signature 16. Date

17. Preparer's Name 18. Phone

19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

July 23, 2015
City of Santa Ana
City of Santa Ana On-Call Right of Way Services: Property Management City of Santa Ana
Monument ROW, Inc.

On-Call Right of Way Services:

Property Management CUCP#46456
Monument ROW, Inc.
200 Spectrum Center, Suite 300
Irvine, CA 92618
562.260.0507
3/10/2022
562.260.0507
President
Amber Costello
City Council 28 – 226 5/17/2022
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.

SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

July 23, 2015
City Council 28 – 227 5/17/2022
AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY SERVICES: FURNITURE,

FIXTURES AND EQUIPMENT APPRAISAL SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between Desmond, Marcello & Amster, LLC, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 6, 2021, the City issued Request for Proposal (RFP) No. 21-131, by which it sought a qualified consultant having special skill and knowledge in the field of furniture, fixtures, machinery, and equipment services on an as needed basis.

B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that Consultant is able and willing to provide the services described in the scope of work that was included in RFP 21-131.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 21-131, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of the highest ranking firms to provide business furniture, fixtures, machinery, and equipment services on an on-call basis under RFP 21-131. The total compensation for these services provided by all such consultants selected under RFP 21-131 shall not exceed the shared aggregate amount of One Hundred Forty-Eight Thousand Dollars and Zero Cents ($148,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

City Council 28 – 228 5/17/2022

3. TERM
This Agreement shall commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 28 – 229 5/17/2022

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

City Council 28 – 230 5/17/2022

2. Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’srating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

City Council 28 – 231 5/17/2022

8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

TheCityreservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.

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

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

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees City Council 28 – 232 5/17/2022
against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is City Council 28 – 233 5/17/2022
an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

City Council 28 – 234 5/17/2022

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City Council 28 – 235 5/17/2022
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:

Madeleina Mamaux, ASA, CFA
Desmond, Marcello & Amster, LLC
222 Pacific Coast Highway, 10th floor
El Segundo, CA 90245
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM: DESMOND, MARCELLO & AMSTER, LLC:

SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra Madeleina Mamaux, ASA, CFA
Deputy City Attorney Managing Partner
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
City Council 28 – 236 5/17/2022

EXHIBIT A
City Council 28 – 237 5/17/2022
City of Santa Ana RFP 21-131
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT-OF-WAY SERVICES:

GOODWILL, FF&E, & PROPERTY MANAGEMENT
RFP NO. 21-131

INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide On-Call Right-of-Way Services: Goodwill, FF&E, & Property Management on an asneeded or “on-call” basis.

It is the City’s goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements.

The services being considered for contract are the following “Specialty Areas”:

Specialty Areas Maximum Contract
Aggregate Amount
I. Property Management Services $148,000
II. Business Goodwill Appraisal Services $148,000
III. Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City’s goal to select one to two firms for each of the specialty services (I, II, and III). The City will enter into separate agreements (the “Agreement”) with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints.

A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City’s interests.

Interested firms who provide more than one right of way service are welcome to submit proposals for all Specialty Areas. However, the firm providing the Specialty Service for the selected parcels will not be selected for a different Specialty Service for the same parcels.

City Council 28 – 238 5/17/2022
City of Santa Ana RFP 21-131
Page A1-2

MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.

Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects.

DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).  The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its sub-consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.  The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in City Council 28 – 239 5/17/2022
City of Santa Ana RFP 21-131
Page A1-3
appropriate project files. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives
 Consultant’s Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings.
 Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City.  Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services.  All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project.
 Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City.
 All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement.

City Council 28 – 240 5/17/2022
City of Santa Ana RFP 21-131
Page A1-4
SPECIALITY AREA: I

PROPERTY MANAGEMENT SERVICES
Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. The property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants.

Property Management duties shall include but not limited to:
 Review existing leases, licenses, franchises, easements, permits and other agreements for City properties.
 Negotiate and draft new agreements or make revisions to existing agreements for approval by the City.
 Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City. Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents.  Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow.
 Schedule, coordinate, and perform property maintenance tasks with qualified vendors.  Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism.
 Meet and inspect the City properties post-acquisition to ensure conformance with appropriate regulations.
 Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner’s name, tenant’s name and contract rent amount, notices, vacancy date and demolition.
 Maintain and update tenant databases.
 Coordinate with City’s acquisition/relocation consultant for post-acquisition Property Management of City properties.
 Act as Property Management Liaison between the tenants and City.  Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities.
 Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures.
 Provide security services as needed. Security service may be required to deter the City Council 28 – 241 5/17/2022
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Page A1-5
vandalism of vacant properties. Hours may vary depending on the need for day or night time security.
 Provide comprehensive maintenance services including the yard and site maintenance.  Coordinate vacancy of the properties with acquisition/relocation consultant.  Coordinate fencing and boarding up of buildings after vacancy as necessary for security prior to demolition.
 Arrange for board up if there was any break- in of the original board up.  Coordinate and provide access to properties, with demolition contractor.  Coordinate eviction of tenants if necessary with City staff.  Coordinate with escrow companies for transfer of tenant information upon closure of escrow.

Trust Account
Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies:

1. At the creation of the account, Consultant shall document all tenancies that currently exist at City-owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants.

2. Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants.

3. Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City.

4. Non-emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (7) below.

5. All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable.

6. Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City’s Public Works and Finance and Management Agencies.

7. Consultant is required to maintain books and records in compliance with generally accepted accounting principles. On a monthly basis or upon City’s request, Consultant City Council 28 – 242 5/17/2022
City of Santa Ana RFP 21-131
Page A1-6
shall provide a listing of the following:
a. Rental income by tenant (identify property address)
b. Expenditures by category (e.g., utilities, maintenance, property management fees, etc.)

8. Consultant shall make available all books and records related to the services provided to City Finance staff or an independent Certified Public Accounting firm acting on behalf of City.

9. City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant’s books and records related to above-referenced service. The examination may be conducted on annual basis or upon City’s discretion on reasonable notice.

Weekly Status Reports
Consultant shall provide to the City weekly status reports relating to the management and operation of the premises for the preceding calendar week. These documents shall include the following, but are not limited to:
 Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.)
 Contractor competitive bids
 Tenant information, owner’s information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90-day notice dates, fencing, board up, testing dates, utility shut offs and meter removal dates.  Status report must also include inspection dates and any action items needed during the inspection and follow up of the action items.

City Council 28 – 243 5/17/2022
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SPECIALITY AREA: II

BUSINESS GOODWILL APPRAISAL SERVICES
Consultant shall perform professional and technical Loss of Goodwill Appraisal services on an as-needed basis to prepare reports for use during ROW negotiations for the project and settlement during condemnation proceedings. The Loss of Goodwill reports are to be prepared in accordance with all applicable regulations as determined by the City. These may include, but are not limited to local, state and federal regulations, policies, procedures, manuals, and standards including.

Consultant has total responsibility for the accuracy and completeness of the Loss of Goodwill Appraisal Reports and other work performed pursuant to this Agreement and prepared for this Project and shall check all such material accordingly. Reports will be reviewed by the City for conformity with General Goodwill Appraisal standards and coordination with State procedures.

Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services shall include providing:
 Budgetary Estimates of Goodwill Loss
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of goodwill loss will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, these estimates will take into consideration Consultant’s experience in preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a brief letter.  Goodwill Loss Acquisition Appraisals
During the early stages of property acquisition, Consultant can provide preliminary estimates of goodwill loss. Acquisition appraisals are based upon data, which may be provided by the business’ ownership at its discretion. Such information may include:
leases; background on the business provided via owner/management interviews; historical and prospective financial data; and information about proposed relocation sites. In addition, Consultant shall perform basic transactional research in light of our understanding of the business’ operations and financial condition. Consultant will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, Consultant’s analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill.

City Council 28 – 244 5/17/2022
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Page A1-8
Consultant shall perform the following tasks:
 Preparation of Preliminary Estimates
 Preparation of Complete Loss of Goodwill Appraisals
 Perform field work as necessary
 Attend Pre-submission Review Conferences as required
 Prepare Correspondence
 Make presentations to city staff as needed
 Perform special studies within the scope of Consultant’s expertise.  Coordinate with other ROW consultants as necessary
 Coordinate with City-hired Real Estate appraisers and FF&E appraisers as required.

City Council 28 – 245 5/17/2022
City of Santa Ana RFP 21-131
Page A1-9
SPECIALITY AREA: III

FURNITURE, FIXTURES, MACHINARY AND EQUIPMENT
(FFME) APPRAISAL SERVICES
Consultant shall complete work under the direction of City staff. Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules.

Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing:
 Budgetary Estimates of Fixtures and Equipment Values
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of fixtures and equipment values will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, the estimates take into consideration Consultant’s experience in preparing fixtures and equipment appraisals of comparable businesses, as well as knowledge of relevant statutes and case laws, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a spreadsheet of estimates and a summary report.
 Fixtures and Equipment Appraisals
Consultant will provide a fully contained appraisal report, in triplicate and a digital file, of the improvements pertaining to the realty and major movable equipment of each business appraised. The report will include an estimate of the fair market value in place and liquidation value of all appropriate items and will be prepared in conformance with Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210. (Compensation for losses in connection with movable personal property is included in the California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures will be guided by the USPAP. The improvements pertaining to the realty and major movable equipment for businesses that occupy multiple properties shall be clearly delineated by property address. In preparing each comprehensive appraisal, Consultant will: inspect the business’ facility; prepare an inventory of the improvements pertaining to the realty and major movable equipment; coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation; interview the business’ owner/manager regarding the business’ history, operations and tangible assets owned; and utilize generally accepted valuation methodology to determine the fair market value in place and liquidation value of the appropriate items owned by the business.

Furniture, Fixtures and Equipment Appraisals tasks may include:
 Inspect the business facility and perform field work as necessary  Prepare separate inventories for the Fixture and Immovable Equipment and Movable City Council 28 – 246 5/17/2022
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Page A1-10
Personal Property.
 Coordinate appraisal activities with the real estate appraiser and /or Goodwill appraiser to avoid duplication of compensation
 Interview the business owner regarding the history, operation and tangible assets owned.  Prepare report utilizing accepted valuation methodology to estimate the replacement cost, fair market value in place and salvage value of the appropriate items owned by each business operation. Perform Special Studies as required by the City within the scope of Consultant’s expertise.
 Attend meetings and present the reports and findings if necessary.

PAYMENT AND INVOICING:

Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City.

Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed.

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Facilitate meeting spaces and coordination with City staff  Access to City facilities
CONSULTANT RESPONSIBILITIES:
 Provide all required insurance as outlined in Attachment 2 of this RFP.  Submit renewal of Certificate of Insurance 30 days before expiring.  Ensure Certificate of Insurance is current when submitting invoices.

SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal:
 LAPM Exhibit 10-H: Sample Cost Proposal
 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment  LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package)
City Council 28 – 247 5/17/2022
City of Santa Ana RFP 21-131
Page A1-11
 LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only.

Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:

This agreement may be funded with state and/or federal grant funds administered by Caltrans.

Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2 for On-Call Contracts) in the Appendix of this RFP.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:

The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 – Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s DBE goal.

CONSULTANT AUDIT AND REVIEW PROCESS:
(Speciality Area A - Acquisition/Relocation only)
Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans’ Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub-consultants in the Appendix of this RFP.

To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council 28 – 248 5/17/2022

EXHIBIT B
City Council 28 – 249 5/17/2022
Desmond, Marcello & Amster, LLC
Valttation and Litigation Consultants
222 Pacitic Coast Highway, 1Oil' Fl(
El Segundo, CA 90245
44 Montgomery St., Ste 300
San Francisco, CA 94104
November 29,2021 www.dmavalue.com
City of Santa Ana
Attn: Kenny Nguyen
Public Works Agency; M-36
20 Civic Center Plazai Ross Annex
Santa Ana, CA 92701
Tel: (310) 216-1400
O N -CA LL R I G HT- OF -WAY S E RV ICES;

GOODWILL, FF&E, & PROPERTY MANAGEMENT
RFP NO:21-131
Dear Mr. Nguyen:

Desmond, Marcello & Amster, LLC ('DM&A") is responding to RFP No: 21-131 to provide the City of Santa Ana Public Works Agency with services in Specialty Area: lll Furniture, Fixtures, Machinery and Equipment (FFME) Appraisal Services.

Attached herein is DM&As proposal and qualifications. I'm assured that you will find our firm is thoroughly qualified to meet the City of Santa Ana Public Works Agency's appraisal needs.

Please contact me with any questions or additional requests.

I am DM&A's "Managing Partne/'and am an authorized representative who can make legally binding commitments for DM&A.

Respectfully submitted,
OKt6rli Au"
Re
\
Madeleine Mama CFA
Managing Partn
Desmond, Marcello & Amster, LLC
DIUTIA
City Council 28 – 250 5/17/2022

1.STATEMENT OF QUALIFICATiONS
a)COVer Letter
See previous page
b)COntract Aqreement Statementi
DM&A concurs with the proMsions contained in the Agreement attached to RFP No:21-131 as Attachment 2 in the Appendix.
c) Firrn and Team ExDerience:

Since 1968,[)M&メ ヽhas provided ctients in both the public and private sectors wvith expertise in the valuation of ciosely― held businesses,professional practices,and tangible and intangible assets,such as FFME and gOodvvi‖ .

DM&A has completed thousands of goodwillioss appraisals underthe(3oodwi‖ Loss Statute, §1263.51 0 ofthe California Eminent Domain Law,for both government agencies and pttvate parties. The valuadon analysts at DM&A work in coniuncdOn with condemning agencies, business owners,attorneys,relocation agents,acquisition agents,developers,FFME appraisers,and real estate appraisers to pЮ vide defensible goodw‖ lioss opinions. Since the enactrnent ofthe California Erninent Domain Law of 1 976,DM&A has been a leaderin providing litigation support for goodw‖ lloss condemnation cases. DM&A has vast experience with the loss of goodwill,and FFME appraisal aspects ofttgh争o■way issues fo「 public works prttectS.

FFME appraisal has been an integral part of DM&A's seⅣ ices for over 30 years.Our capabitity for valuation of assets under§ 1263.205 ofthe California Code of CiviI Procedure rettects the depth of our experience with the statute and breadth ofthe industry knowledge.

DM&A's Goodwiti Valuadon Department consists of six appraisers.The FFME Department consists of a dedicated proieCt manager andふ Ⅳo appraisers.This mu比 卜discipiinary capabitК y enables DM&A to address complex valuation issues involving both appraisal disciplines. The size of our professionai statt also enables DM&A to accommodate targe proiectS and ught deadlineso DM&A has the capability and‖ exibility tO adiuSttO prOiectS ranging fЮm emergency turnaЮ und status to extremety complex in nature。 (Dur co‖ aborative business approach a‖ ows DM&A to have a levet of quality control and responsiveness thatis unique in our rnarket.

DM&A can assist clients in vanous phases of a proiect,frOm eaHy planning through ttnal resolution in court proceedings. Maior categories of seⅣ ices include budgetary estimates, comprehensive appRaiSals for erninent domain p「 oceedings,review of repotts,and litigation support,inctuding expert testimony. DMStA's appraisers have testified at deposition and attrial on many occasions,v萌 th our experts having been involved in rnost ofthe published cases invoiving loss of business goodwi‖ .

DM&A's approach to the appraisal process is thorough,co‖ aborative,and professional. Our appraiseRS reCOgnize the impottance of a deta‖ ed approach to any assignment,and are cognizant of our role as representing our ctients.(Dur professionals have extensive experience in inteⅣ iewing business owners,and rnake ettorts to address their concerns and needs. DM8〔 A has b‖ ingual professionals to interface with business owners speaking Spanish. DM&メ ヽ's quati荀 cations are the result of experience gained in the preparation ofthousands of appraisals oftangible and intangible assets in a wide range ofindustries and business types. In addition, 2 City Council 28 – 251 5/17/2022
each statt member has extensive experience in the erninent domain and property acquisition process,and detaned understanding of retevant statutory and case law.

DM&A's appraisal reports fu‖ y comply with the Unifbrr¬ Standards of Professional Appraisal Pracuce(usPAP)and applicable regulatory and professional procedures.Our appraisers have completed coursework on USPAP and regularly attend serninars/webinars to keep up to date on USPAP and industry issues.

RttSUM亡 oF MARCUS R.P:GROM,ASA

PARTNER

FFME APPRAISAL

PROFESSIONAL BACKGROUND
M「,PigЮm joined Desmond,Marcelio&Amsterin 2005 as a村 xtures and equipment appraiser.

He tater became Senior Manager‐ Tangibie Assets in 2009 and Partnerin 2021. He has successfully completed hundreds of appraisal assignments in connection with erninent domain proceedings. His appraisal experience inctudes a wide variety of business types in the manufactuttng,reta‖ ,and seⅣ ice sectors.Representadve proiects indude the appraisal of mob‖ e homes,industrial machinery and equipment,retail shopping centers,distribution fac‖ ities,restaurants,b‖ lboards,and seⅣ ice stations. His experience in erninent domain inctudes coordinating appraisal activities with real estate appraisers to avoid dup“ cation of compensation and rnaking deterrninations of equipment ciassifications under Califbrnia Code of CiviI PЮcedure s1263.205.

Mr.Pigronl has prepared fixture and equipment appraisals for numerous agencies across California including cattrans,Los Angeles Metropolitan TranspOrtation Authority,Riverside County Transportation Commission,Ctty of Corona,CКy of Santa Ana Public WVorks,San Bernardino County Transportation Authority,and〈 Эrange County Transportation Authority.

Having testified at deposition and at trial as an expert witness regarding fixtures and equipment valuation,Mr.Pigrorn assists attorneys with litigation support seⅣices in his area of expettise.

Prior to joining DM&A,he had more than two years of expettence managing plant operadons at a local bottling company.

M『.Pigrorn has given presentations to various IRVVA,industry,and attorney groups, The SubieCtS ofthe presentadons were Ac(}uiring commercね ,Prope■/rしり,en Appraねar anJ Rerocaと ゎ,Issyes Oyerrap,yariPariO′ ,。F月旅:pres anJ E9yゎmenrtノP,Jer E阿加enr Dottaわ とa町 Appraねarわ ど′,e coy′D EЮ,and Dare oF yarver И助/た A〃aどrers, PROFESSiONAL AFF:L:AT10NS
M「.PigЮm is an AccredК ed Senior Appraiser(ASA)ofthe AmeHcan Society of Appraisers in the Machinery and TechnicaI Specialties discipline and a rnember of the international Right Of Way Associadon(IRWA).

EDUCATION
M「.Pigrorn graduated froHl LoyOla Maryrnount University in June 2002 with a bacheior's degree in business adrninistration with an emphasis in business taw and a rninorin history. 3 City Council 28 – 252 5/17/2022
呻
c) Firm and Team ExDettencei Orqanizadonal Chatt and Assiqned Team Team:Marcus Pigrom wili seⅣ e as Proiect Manager.He can be contacted at ШQttromΩ dmavalue.com or(714)293‐9121 r necessary.Raul Bermudez and Ryan Nutten will provide addttional FFME appraisal seⅣices for all assignments under this proiect.Up to 50%of each team member's dme can be devoted to the proieCt.DM&A commits to dedicaung a‖ tabOr hours necessary to complete appraisal assignments forthis proieCt at the highest of qualtty in a tirnety and etticient manner.
c) Firm and Team Expettence:ExDettence with CК v of Santa Ana DM&A has successfu‖ y completed over l10 FFME appraisais fbrthe City of Santa Ana and its Public Works Agency fЮ m 2006 through 2018,These appraisals were completed for Phases t, ‖,Ⅲ &IV of the BttstoI Street Widening Pr9iect,aS Well as forthe Civic to 3rd street Proiect.

With over a decade of experience working on Santa Ana FFME appraisal assignments,[)MStA has worked and coo「 dinated with several relocation companies,real estate appraisers,taw 荀rrns,and City stafFto assist vvith complex compensation and relocation issues arising from acquishions.DM&A appraised the FFME assets of dental orices,medical marむ uana dispensaries,acupunctuK)OmCes,OptOmetry ottices,reta‖ businesses,gas station,automotive repair,b‖ iboards,rnarkets,accounting ottices,fast food restaurants,and dine― in restaurants, among other business types.
d)Understandina of Need:

DM&A has worked whh neaHy every maiOr california public agency in pЮ viding eminent domain and right of way specialty appraisal seⅣices.
4 卸
即
City Council 28 – 253 5/17/2022
in providing FFME appraisal seⅣ ices to the Chy Of Santa Ana Public Works Agency,DM&A will perforrvl the necessary research,investigation,and analysis to provide written appraisal reports in compliance with the standards ofthe Uniforrn Standards of Professional AppraisaI Practice (USPAP),the Uniform Relocadon Assistance and ReaI Propety Acquishion Policies Act of 1970,and Public Law 91‐ 646(the UnifOrr¬ Act)as they pertain to fixtures and equipment valuations. DM&A's work will encompass steps including,but not lirnited to,the foWowing:

Communicate with the Chy of Santa Ana PuЫ ic Works Agency managementto ascertain the scope ofthe assignment and provide responsive proposals for each task orderi Should the City request a budgetary esumate ratherthan an appraisai report,DM&A will perforrn virtual or drive‐ by site inspections,research the business,perforrn prelirninary industry and rnarket research,and provide a briefletter outtining its prelirninary esumates regarding the value ofthe subieCt FFME;
Coordinate with retocation agents, acquisition agents, and attorneys to arrange site inspections of subiect businesses.A signi呵 cantimpedimentto perOrming work can be business/pЮ perty owners a‖owing access to complete a site inspectioni Prepare a complete inventory ofthe assets atthe subieCt business locadon.This inventory indudes make,model,and settai number(r appliCable)Of all Кems,a description ofthe assets as we‖ as obseⅣation oftheir age,condition,rnethod of insta‖ ation,if any,and photographsi
Classiv each asset as immovable equipment omprOVement peК aining to the reatty)or movable personal property,v萌th a separate inventory for each assettypei Review any documentation pertaining to the assets provided by the business owner and′or rnanager,such as invoices,depreciation schedules,and construction contractsi inteⅣiew business owners andror managers regarding the history,operation,and tangible assets ownedi
Research the rnarketplace for each ofthe assets identified on‐ sitet Such research inctudes reference to a variety of pub‖ cations,as we‖ as discussions with individuals knowledgeable aboutthe rv句 arket for the assetsi
Coordinate with the real estate and goodw‖ i appraisers to avoid dup"cation of compensationi
Apply accepted vatuation methods inctuding the Market Approach and Cost Approach to the subiect aSSetsi
Prepare the appraisal repo「 t for subrnission,inctuding replacement cost new,fair rnarket value in place,and saivage value in place. The estimated tirne to complete and de‖ver an appraisal report is 30 to 45 days frorn completion of the site inspection. DM&Aw‖ | make a‖ reasonable e打o「ts to deliver appraisal reports in an etticient rnanner to deliver appraisal repOrts earlier than this estimate timeframe; Maintain files in accordance wК h USPAP;
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City Council 28 – 254 5/17/2022
● Have a Quality cOntroI PIan in efFect during the entire time work is being perforrned under this proiect.The plan contains processes whereby work products are independently check,corrected,and back checked. Every FFME appraisat reportis reviewed by atleasttwo other employees to ensuK)aCCuracy and highest quality; Attend rneetings and presentthe appraisat reports and findings to the City of Santa Ana PuЫ tt Works Agency,r necessary;
Perform“ special studies"as requested by the City of Santa Ana Public Works Agency; Provide expert testimony and litigation suppo「 t,as required ●
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0 e) Relevant Proiect ExDerience:

Proiect l:

PrOieCtSi Vattous proieCtS,ind.LAX Automated People Mover,Gold Line Foothiti Extension Phase 2B,East San Fernando Light Ra‖ Transit,West Santa Ana Branch Transit Corridor, Crenshaw′ LAX,Westside Subway,and Rosecrans′ Marquardt Proiects Timeframe:2016-present
Locadon:Los Angetes County,CA
Ctient:Los Angeles County MetЮ polttan Transtt AuthoHty Ctient Contact Craig Justesen,Director of ReaI Property Mgmt&Development― Real Estate, 」ustesenCΩ Metro.net,(213)922‐ 7051
DescriptionI Prepared dozens ofioss of goodw‖ l and FFME appraisals in both the acquisition and litigation phase for partial and fu‖ acquisitions, Business types appraised spanned across retail,ottice,rnanufacturing,and distribution sectors, Mro Pigrorn provided expert witness testimony and litigation support services on several rnatters.

Proiect 2:

Pr9jects:Vattous proieCtS,incI.Orangethorpe,Lakeview,and State College Crade Separadon PrOieCtS
Timeframe:201牛 2019
Locadoni Orange County,CA
Clienti Orange County Transportation Authority
CIient Contact:Gary Weisberg,Esq。 (outSide Counseり ,WOOdru百,Spradlin&Smart,(714) 415‐1065,gweisberg@wss― law.com
DescriptionI Prepared dozens ofioss of gOodwi‖ and FFME appraisalin both the acquisition and litigation phase for partial and fu‖ acquisitions. Business types appraised spanned across K〕ta‖ ,o打ice,rnanufacturing,and distribution sectors.

Proiect 3:

ProieCtSI SR‐91 Widening ProieCt Timeframe:201牛2018
Locadoni R"erside County,CA
Ctient: Riverside County Transportadon AuthoHty
Ctient Contact Crego「 y Snarr,Esq。 (OutSide Counseり ,Best,Best&Ktteger,(951)826‐8202, [email protected]
DescriptionI Prepared approxirnately 12 1oss ofgOOdw‖ l and 40 FFME appraisals in both the acquisition and litigation phase for partial and fu‖ acquisitions. Examples of business types appraised included self― storage,hotels,beverage distributor/warehouse,cabinetry store,rnob‖ e home park,spoHs bar,r¬ otorsports dealership,boat pЮ duct store,property rnanagement company,and equipment rental store.
6 City Council 28 – 255 5/17/2022
Proiect 4:

PrOieCtSi VVest Valiey Connector Proiect― Segment3 and 4 Timeframe:2021-present
Locadoni San Bernardino County,CA
Ctienti San Bernardino County Transportadon Authonty
Ctient Contact CheryI DeMucci,SR,WA,RW/RAC,Paragon Partners(ROW Hrm),(714)379‐ 3376x105,cdemuccI@paragon‐ paКners.com
Descriptioni Contracted to appraise the FFME of over 80 businesses Business types appraised spanned acЮ ss K〕 ta‖ and rnanufacturing sectors.

Proiect 5:

PrOieCti California High Speed Ra‖ Pr9iect Timoframe:2013-present Locadoni Fresno/Madera,CA
CIienti California High Speed Rail Authonty′ Caltrans Legal Client Contact MeredК h Denzler,Esq.,California Dept Of Transportadon― Legat D"ision,(619) 688‐2531,[email protected]
DescriptionI Prepared dozens ofloss of gOodw‖ l and FFME appraisalin both the acquisition and litigation phase for partial and fu‖ acquisitions. Business types appraised spanned across reta‖ ,rnanufacturing,and agriculturat sectors.
つ References:

Reference l:

Craig Justesen,Director of ReaI PЮperty Mgnlt&Development― Real Estate,Los Angeles County Metropolhan Transit AuthoHty,」 ustesenC(励 Metro.net,(213)922‐ 7051 Retevant Proiectsi See Above
Reference 2:

Meredith Denzler,Esq。 ,california Dept of Transportadon― Legal Division,(619)688-2531, Meredtth.denzler@dot・Ca.gov
Relevant Proiectsi See Above
Reference 3:

Gary Weisberg,Esq。 (outSide Counseり ,WOOdru百 ,Spradlin&Smart,(714)415‐ 1065, 9wЫsberq(励 wssttaw.com
Simin Yazdan,Sr.ReaI Propetty Agent,Orange County Transpottadon Authottty, svazdanΩ octa.net
Relevant Proiectsi See Above
7 City Council 28 – 256 5/17/2022
2) SCOPE OF SERViCES AND SCHEDULE
As previousty indicated,DM&A has been pЮ viding FFME appraisal seⅣ ices for over 30 years.

The firrn's FFME department specializes in preparing FFME appraisals for eminent domain′ right Of Way F¬ atters on behalf of public agencies. DM&A is active in the international Right OflⅣ ay Association and the American Society of Appraisers,and its stattrnembers attend continuing educadon courses on both eminent domain and appraisal subieCt matters.As a resu比 ,DM&A and its stattis inforrned and up―to―date on happenings within California eminent domain and FFME appraisal.Ha胡 ng three FFME appraisers allows DM&A to tackle targe pr9,ectS fOr which many businesses need to be appraised and etticiently prepare a‖ necessary appraisats in a cost― erective r¬ anner. The firrn has experience appraising the FFME of businesses acЮ ss a‖ industries and sectors,a‖ owing itto r¬ eetany and a‖ needs encountered by the City of Santa Ana Public llVorks Agency.Addidonally,DM&A has performed preliminary budgetary esumates of FFME value on numerous occasions and can assistv胡 th this task should the City preferthis in heu of or priorto a complete appraisal report.As such,DM&A is wet卜posК ioned to perForm a‖ appraisal assignments underthe scope of work outlined in Attachment l ofthis RFP. 8 City Council 28 – 257 5/17/2022
3) FEE PROPOSAL
The fee proposat has been subrnitted separate and concurrentvvith this technical pЮ posat. 9 City Council 28 – 258 5/17/2022
4)CERTIFiCATiONS
The fbilowing fbrrns are signed and included on the subsequent pages:

Attachment 3‐ 1: Non‐CoIIusion Amdavit
Attachment 3‐2: Non‐Lobbying certi呵 cation
Attachment 3‐ 3: Non‐Discttminadon Certi¶ cation
LAPM Exhibit 10‐ H: Sample Cost Proposal
LAPM Exhibk 10<)1:Consuitant PЮ posal DBE CommКment
LAPM ExhibК 10‐02:Consuhant Contract DBE CommttmentttncI・ in Fee Proposaり 10 City Council 28 – 259 5/17/2022
Append故
ATTACHMENT3‐ 1:NON‐COLLUSION AFFIDAVIT

CERTIFICATIONS
NON―COLLUSION AFFIDAVIT
(Title 23 United States Code Section l12 and
Pubhc Conttact Code Section 7106)
Tothe CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
h accordance Ⅵith Tttle 23 U五 俺d Stttes Code Section l12 and Public Contract Code 7106 the BIDDER declares that he bid is not made in the interest ot or on behalf ot ttly undisciosed person,painershp, company,association,organization,or corporation;that the bid is genuine and not collusive or shanl,that the BIDDER has not directly or indirectly induced or solicittd any oher BIDDER to putin a false or sham bid,and has not directty or indirectly colluded,conspired,corinived or agreed with any BIDDER or anyone else to put in a sham bid)or hat anyone shall re命 五n from bidding;hat he BIDDER has not in any rnarttleL drectly or indiredly,sought by agttement COrnmlェ nicttion,or conference前 h anyone to ix he bid price of he BIDDER or any BIDDERっ or to nx any ovehead,pЮ it,or cost eleFnent Of he bid price, or ofthat of any oher BIDDER夕 or to secllre any advantage against the public body awarding the contract of anyone inttrested in he pЮ posed contract;that ali statements contained in the bid are tmei and,f直 her, that he BIDDER has not,directly or indirectlyっ subrmtttd his or her bid price or any breakdown thereot or the conttnts thereot or d市ulged info▲ ДttlatiOn or data reladve thereto,or pttd,and Ⅶll not pay,any fee to any corporation,parttlership,company associationぅ organization,bid depository,orto any menber or agent thereofto effectuate a collusive or shani bid。
Note: The above Non― collusion
couniヂ tビB。
Signed
before me.
hereof shall Лso
are that making a
to
代ι U
Affldavit is part of the PЮposalo Sig面 ng this Proposal on he constimte signatlire of ths Non― collusion Affldavit, BIDDERS may suttect he ceniierto criminal pЮ secЫion.
(。r arliⅢ Юd)beお鶯me On th`ユ ギ氏dtt of Nσv., 20五 by
pЮved to me on the basis of satisfactory e宙 dence to be the person(s)WhO appeared

KRYSIAL CUTLER
Notary Public‐ California
San Diego County
Commission'2288981
‖y cOmm.Expires Atty 18,2023
Notary Public Seal
Ctty of Santa Ana RFP 21-131
Page A3‐ 1
Notary Public Signature
City Council 28 – 260 5/17/2022
Append故
ATTACHMENT 3‐2:NON‐LOBBYING CERTIFICATION
CERTIFICAT10NS
The prospect抒e panicipant ceniies,by Signing and submitting this bid or pЮ posal,to he bett ofhis or her knowledge and betiet thati

1. No federal appropriated funds have been paid or、 vili be paid,by or on behalfofthe undersi8■ed,to any person forinduencing or ahempting to inauence an officer or employee ofany fedeRll agency,a Member ofCongress,an officer or employee oFCongress,or an employee ofa Member ofCongress in connection with the awarding ofany federal contract,the Fnaking ofany federal grant,the making ofany federal loan,the enttring into ofany cooperative agreement,and the extension,continuation, renewal,amendment,or modiflcation ofany federal contact,grant,Ioan,or cooperative agreement.

2. Ifany funds otherthan federal appropriated ttnds have been paid or、 vili be paid to any person for inauencing or attempting to influence any ofricer or employee ofany federal agency,a Memberof COn8ress,an oricer or employee ofCon3ress,oran employee ofa Member oFConBressin COttnection with this Federal conttact,grant ioan,loan or cooperative agreement,the undersigned shall complete and sub■lit a“Disciosure ofLobbying Activities".

This ceniicatiOn is a material representation offact upon which reliance was placed when this transaction was made or entered into.Sub■lission ofthis certification is a prerequisite for rnaking or entering into this tansaction imposed by Section 1352,Titie 3 1,U.S,Code.Any person who fails to flle the required ceHiflcation shali be suttecttO a c市 il penalty ofnot tess than S10,000 and notrnore than S100,000 for each such failure.

The prospective paiicipant also agrees by subnlitting his or her bid or proposal that he or she shaH require thatthe language ofthis cehiflcation be included in an iower tier subcontracts,which exceed S100,000 and that an such sub recipients shali ceni,and disclose accordingly.

Filiil Desmond,Marcello r,LLC
Signed and Printed Name: Madeleine Mamaux
Title Managing Partner
Da俺 11/29/2021
CКy of Santa Ana RFP 21‐ 131
Page A3‐ 2
City Council 28 – 261 5/17/2022
Appendix
ATTACHMENT3‐ 3:NON"DISCRIMINATION CERTIFICATION

CERTIFICATIONS
The undersigned consultant or corporate officer,during the perfo▲ ▲二lance of this contract,certifles as follows:

1. The Consultant shali not discrinlinate against any employee or applicant for emplottent because of race,color,rehgion,sexぅ or national origin. The Consultant shall take afflmative action to ensure that apphcants are employed,and that employees are treated dlュ ring emplottent without,regaHユ to their race,color,rengion,sex,or national origin. Such action shall includeぅ but not be li:nited to,the followingi emploコ ment,upgr孤 五ng,demotion,or transferi recruitl■ ent or recruitment advenising; layor or te▲ Д二這nationi rates of pay or other fo二 五二▲S Of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for emploン ment,notices to be provided setting fotth the provisions of this nondiscriinination clause.

2. The Consultant shall,in all sohcitations or advenisements for employees placed by or on behalf of the Consultant,state that an quanfled apphcants will receive consideration for emplottent without regard to race,color,rehgion,sex,or national origin。

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the Consultant's com■ litinents under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for emplottent.

4. The Consuhant shall comply with all provisions of Executive Order l1246 of September 24, 1965, and ofthe rules,regulations,and relevant orders ofthe Secretary ofLabor.

5. The Consultant shali furnish an inf。 ▲二Дlation and reports required by Executive Order l1246 of September 24, 1965,and by rulesp regulations,and orders of the Secretary of Labor,or pursuant theretoぅ and will pel▲ ムДit access to hisれer booksぅ records,and accounts by the administering agency and the Secretary of Labor for purposes of investigationぅ to ascertain comphance with such rulesぅ regulations,and orders。

6. In the event of the Consultant's non‐ comphance with the nondisc五rnination ctauses of this contract or with any of the said rules, regulationsぅ or ordersぅ the contract may be canceled,tellAlinated, or suspended in whole or in pah and the Consultant may be declared inehgible for funher Goverrment contracts or federally assisttd construction contracts in accordance with procedlェ res authorized in Execution Order l1246 of September 24, 1965, and such other sanctions may be ixnposed and remedies invoked as provided in Executive Order l1246 of September 24ぅ 19659 or by rule, regulations)or order ofthe Secretary ofLabor,or as othettise provided by law.

7.The Consultant shan include he poHion of he sentence immediately preceding paragraph(1)孤 ld the pЮ宙sions ofparagraphs(1)hrOugh(7)in every Subcontract or purchase order uniess exempted Ctty of Santa Ana RFP 21‐ 131
Page A3‐3
City Council 28 – 262 5/17/2022
by mles,regulations,or orders ofthe Secretary of Labor issued pursuant to Section 204 ofExecutive Order l1246 of September 249 1965,so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncomphance;provided,however,that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub― consultant or vendor as a result of such direction by he ad■ linistering agency,the Consultant rnay request that the United States enter into such litigation to protect the interests ofthe United States.

8. Pursuant to CahfoHlia Labor Code Section 17359 as added by Chapter 643 Stats, 1939, and as amended,
No discrilnination shall be made in the employment of persons upon pubhc works because of race, rengious creedぅ color,national origin,ancestry,physical handicaps)=nental condition,rnarital stttusぅ or sex of such personsぅ except as provided in Section 1420,and any consultant of pubhc works violating this Section is ect to all the for a宙olation ofhe Chapter Signed:

Tide: Managing Pattner
Fiニ ニュ▲:

Desmond,Marcello&Amster,LLC
Date 11/29′2021
CКy of Santa Ana RFP 21‐ 131
Page A3-4
City Council 28 – 263 5/17/2022
Appendix
ATTACHMENT 4
CALTRANS ATrACHMENTS
Please see below.

City of Santa Ana RFP 21‐131
Page A4‐1
City Council 28 – 264 5/17/2022
Local Assistance Procedures Mattal EXHIBIT 10‐ H2
Cost Proposal
ExHIB:T10‐ H2COST PROPOSAL Pagelof3
SPECIFiC RATE OF COMPENSATiON(USE FOR ON‐ CALL OR AS― NEEDED CONTRACTS) (CONSTRUCTiON ENGINEERING AND INSPECTiON CONTRACTS)
Note:Mark‐ ups are Not Aliowed
Consuhant Desmondi lo&Amster.LLC
□ Prime Consuhant
□ Subconsuttnt □ 2nd Tier Subconsuttnt
Proi ect No.RFP 21-131 Co口甘act No. Participation Amount S N/A Date l1/29/2021 Fo「 Combined Rate
Fttnge Benef硫 % +General&Administrauve。 /c Combined iCRO/0 OR
Fo「 Home Omce Rate
Fringe Benem O/。 +General&Administrat"e。 /OFttΠ ge Benem% +General&Administrattve。 /0 Horne Ottice lCR。/0
Fo「 Field Oflce Rate
Fidd Office iCRO/0
Fee
%

BILLING INFORMATION CALCULATION INFORMATION
Name′」ob Titie′Ciassificadon呵 Houriy Bi‖ ing Rates2 Staight3 0T9 5x)OT(2x) Ettectttc Date of Hourly Rate F「om To Actlal o『 Avg Houtty Rate4 。/O orS
increase
Hourly Range‐
fcr CtassificaGorls Oniy
Marcus Pigrom′ Pattner′ FFM&Eへppraisat
225 01′01′2022 01′01′2023
01′ 01′2024
12′31,2022
12′3¬ ′2023
12′34′2024
52250(
$231,7!
S238,71
30°/O
〉 300/。
Ryan Nutten/AppraiserrFFM&E
Appraisal 125
01′01′2022
01′01′2023
01′01′2024
12′31′2022
12′31′2023
12′alン2024
S1250S128,7S132.6
,
30°/。30°/O
RauI Bermudez′Appraiser′FFM&E Appraisal 125
$000 6000 S000 3000
01′ 01′202201′01′202301′01′2024
$0,00 8000
12′31′2022
12′31′2023
呵2′31′2024
$1250$128.7$132.6
,
30°/o300/o
$0.00 $000 S000 $000 6000 S000 $0,00 8000 30.00
滅
(Add pages as necessa『 y)