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16-0615_PROPERTY SPECIALISTS, INC_Professional Services AgrCITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT T hi s Agreement is made and entered into as of , 20 H . .O by and between the City of San Juan Capistrano , a mun icipa l c oration organized and operating under the laws of the State of Ca lifornia with its pri ncipa l place of business at 32400 Paseo Ade lanto , Sa n Juan Cap istrano , CA 92675 r c ity"), and Property Spec ialists , Inc. Californ ia Corporation , dba Californ ia Property Specialists , with its principal place of business at 26070 Towne Centre Drive, Foothill Ranch , CA 92610 (here inafter refe rred to as "Consu ltant "). City and Consultant are somet imes individually referred to as "Party" and collect ively as "Parties" in th is Agreement. RE CI TALS A . C ity is a public agency of th e State of Californ ia and is in need of professiona l serv ices fo r the following project: De l Obispo Street Widening Project (Ca ll e Aspero to Paseo De La Paz) (here in after referred to as "the Project"). B . Consultant is duly licensed and has t he necessary q ualifications to provide such services . C . The Parties desire by this Agreement t o establish the terms for City to retain Co nsultant to provide the services described here in. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services . Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation . a. Subject to paragraph 2(b) below , the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B ." b. In no event shall the t otal amount paid for services rendered by Consultant under this Agreement exceed the sum of Forty Three Thousand Eight Hundred Ninety dollars ($43,890), which includes 10% contingency and use of contingency will require prior City's approval. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses . Periodic payments shall be made within 30 days of receipt of an invoice wh ich includes a detailed description of the work performed . Payments to Consultant for work performed will be made on a monthly bill ing basis. 3 . Additional Work. If changes in the work seem merited by Consultant or the City , and informal consultations with the other party indicate that a change is warranted, it shall be processed in 1 61 147 .021 00\28 197 113.1 the following manner: a letter out li ning the changes shall be forwarded to the City by Consultant with a statement of es ti mated changes in fee or t ime schedule. An amendment to th is Agreement shall be prepa red by the City and executed by both Parties before performance of such services , or the City wi ll not be requi red to pa y fo r the changes in the scope of work. Such amendment shall not render ineffective or in vali date unaffected port ions of this Agreemen t. 4 . Ma i ntenance of Records . Books , docume nts , papers , accounting reco rds, and other ev idence perta ining to costs incurred shall be maintained by Consultant and made availab le at all reasonable times during the contract period and for fou r (4) years from t he date of final payment under the contract fo r inspection by City . 5. Time of Performance . Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of writte n notice from the City to proceed ("Notice to Proceed "). Consultant shall complete the services required hereunder within 270 Calendar days . The Notice to Proceed shall set forth the date of commencement of work . 6 . Delays in Performance . a. Neither City no r Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances be yond the reasonable control of the non- performing party . For purposes of this Agreement , such circumstances include but are not limited to , abnorma l weather conditions ; floods ; earthquakes; fire ; epidemics ; war; riots and other civil disturbances ; strikes , lockouts , work slowdowns, and other labor disturbances ; sabotage or judicial restraint. b. Should such circumstances occu r, the non-performing party shall , within a reasonable time of being prevented from performing , give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws , ordinances , codes and regulations of the federal , state and local government, inc luding Cai/OSHA requirements. b. If required , Consultant shall ass ist th e City , as requested , in obtaining and maintaining all permits required of Consultant by federa l, state and local regulatory agencies. c. If applicable , Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Ca re 2 61147.02100\281971 13 .1 Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Consultant Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage 3 61147.02100\28197113.1 (iv) The policy shall contain no endorsements or prov isions limiting coverage for (1) contractual liability; (2) cross li ab ility exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials , officers, employees , agents and City des ignated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01 , or endorsements providing the exact same coverage . (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention , subject to written approva l by the City , and provided that such deductibles shall not app ly to t he City as an additional insured. b . Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned , non-owned and hired vehicles , in a form and with insurance companies acceptable to the City . (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall g ive Ci t y, its officials, officers , employees, agents and City des ignated volunteers additional insured status . (iv) Subject to written approval by the City , the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers ' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the prov1s1ons of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code , and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreem ent, at all times during t he perform ance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein . Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers ' compensation coverage of the same type and limits as specified in this section . d . Professional Liabil ity (Errors and Omissions) At all times durin g the performance of the work under this Agreement the Consultant 4 61147 02 100\28197 113 .1 shall maintain professiona l liab ility or Errors and Omissions ins urance appropriate to its profession , in a fo rm and with insurance compani es acceptable to the City and in a n amount ind icated here in . This insurance sha ll be endo rsed to include cont ractual liability applicab le to this Agreeme nt and sha ll be wri tten on a po li cy form coverage specifically designed to protect aga inst acts, errors or om iss ions of the Co nsul ta nt. "Covered Professional Serv ices " as des ignated in the po licy must specifically include wo rk performed under th is Agreement. The pol icy must "pay on beha lf of' the insured and m ust in cl ude a provision estab li shing the insure r's duty to defend . e. Mini mum Policy Limits Required (i) The following ins ura nce li m its are required for the Ag ree men t: Commercial Genera l Liability A utomobile Liability Employer's Liability Professiona l Liabi li ty Combined Single Lim it $1 ,000 ,000 per occurrence/ $2 ,000 ,000 aggregate for bodi ly injury, personal injury, and property damage $1 ,000 ,000 per occurrence for bodily injury and property damage $1 ,000 ,000 per occurrence $1 ,000 ,000 per claim and agg regate (errors and omissions ) (ii) Defense costs sha ll be payable in addition to the limits. (iii) Requirements of spec ific coverage or limits contained in this section are not intended as a limitation on coverage , limits, or other requirement, or a wa iver of any coverage normally provided by any insurance . Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execut ion of the Agreement , the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein . Such evidence shall include orig ina l copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representat ive and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additiona l insureds , where appropriate, the type and amount of the insurance , the location and operations to which the insurance applies, and the expiration date of such insurance . g . Policy Provisions Required (i) Consultant shall prov ide the City at least thirty (30) days prior written notice of cancellation of any po licy required by this Agreement, except that the Consultant shall provide at least ten (1 0) days pr ior written notice of cancellation of any such pol icy due to non-payment of premium . If any of the required coverage is cancelled or expires 5 61147 021 00\2 81 97 113 .1 during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration . (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement ; B) if the policy is cancelled or not renewed ; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage , shall contain or be endorsed to waiver of subrogation in favor of the City, its officials , officers , employees , agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss . Consultant hereby waives its own right of recovery against City , and shall require similar written express waivers and insurance clauses from each of its subconsultants . (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h . Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements : (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California , or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. 6 61147 02100\28 197113 .1 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. 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. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers . b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert 7 61147.02100\28197113.1 witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. 17 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value 8 61!47.02100\28197113.1 of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign Kent Jorgensen as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: George Alvarez, City Engineer and shall be effective upon receipt thereof. 22. Third Party Rights CONSULTANT: California Property Specialists, Inc. 26070 Towne Centre Drive Foothill Ranch, CA 92610 Attn: Marcie Jorgensen Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. 9 61147.02100\28197113.1 Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting 10 61147.02100\28197113.1 from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 11 61147.02100\28197113.1 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEME NT BETWEEN THE CITY OF SAN JUAN CAPISTR>\NO AND CALIFORNIA PROPERTY SPECIALI STS IN WI T NESS WH EREOF , the Parties h ave executed thi s Agree ment as of th e date first w r itte n abov e. CITY OF SA N JUAN CAPISTRANO APPROVED AS TO FOR M: Jeffrey S. Ballin r City Attorney 6 1 147 .02 1 oo ·-28!97 i l 3. 1 PROPERTY SPEC IALISTS , IN C. dba Californ i a Property Speci ali sts 12 61147.02100\28197113.1 EXHIBIT A Scope of Services 13 p PROJECT U DER APN 673•:1.2.:1.·21 OWN'!:' ·TAYLOR FAMILY TRUST PER ANE T T KE · 737 SF T · 879 SF APN 673·12.1·28 OWNER · DRCP HOLDINGS LLC TCE . 2,895 SF \!DI APN 673·:1.11·:1.7 EP : FALKLAM HARRY GHG REVOCTR T':~ 79 SF APN 673·061·2.0 · 32351 DEL OBISPO LLC TCE · 1 ,955 SF EXHIBIT A APN 673·111·2.6 ER FALKLAM HARRY GHG REVOCTR TCE 3,274 SF ow TCE · 2.,"2.6 SF PROJECT E IVE ABLE P A CPSI •fri ll t ake the l ea . ccord n a t e. me. age a no l::e respon.:;ible f·:y comprehensiv e fu ~~-serv;c s ri g ht of .ve. r ~~cqu i s iti cn S•?"vi ces from concept to comp et•o r.. CPS l :s ap;xoach to t. e City 's : roj6ct is co be tYl o re t'l3 .ju s~ you rco r:s ~ltani.. At t. e sta rt of our .vorkin g re .ations"lJ;) w e wll~ co .s!der oursel•.1 es to be a ·-art •Jf y c u;· t eam . eq:Ja llJ. in•tested in ycv goa s anc:: objectives and v;o rk.ng co LLa i)oratl\€'i v<ltr' your staff 0 ", a da ily basis A.n Clit ;ne ::;f o ;.;r approach fer t he JeL ·)bis~o Street Widenin g PrJj€C t s ,:rev iced ~e\O\\ • Meet ·Xti th t .e City :>nd yo ·..:r Cies ig 'la:ea des:gn co n su lte.nt :o e nsw ·e design a;:;pra .sa and rig , t of \•ia~r pacts a re coordinat e d .:~nd 0 1 schedule. as ':/e ll as listen tc th e Cty::; cor .cern s and add re ss any iSS'..:es tnat ma·), 3!' se • Sc h edui.e e"'gu i.a.r ' eetiro.gs \li !t ;· t 'l e e ntire CDS I r ig r1t o f ,<,'d', te ::~m to e n sL;re t hal project de~iverab,e s $[:3,'> Q i': sched ·Le and \),'i thi r "~ b J•jget • M anage .s r'.d nra;nta i:-, o u:-q\...alit y contro l program ~o e ·lsc.,;e son·.olia >ce \Vi er: :Jo til C :ty a;,d CPS ! requ re r-;e<s • c:lrepa re a n c deliv er '.vritte n r::r·::;gress s tatus ·eports <m cases • L.:pd a te ·<:a e n oarcel 'i1..:; c tl :?C kl:s: l eu:· Oversig ht Bro ke r Ke nt Jorgen se n \V i l~ concuc · l.·l'eeKl) revi e ·..,.s o:' j 1e :xo,ect reporting t o ensu:-e cor!pl:ar·ce '-'" th Ci t ,, a"d reg u~a:o ry re q uire ments ; • ME:et \·i~h "n e C ii )" or a :·eg \..:l a r basis t o repor: ;Jrogress o:' ex pecteci deliverabLes. u :c ~u diro::::: t he cen t incat.cn of crit.ca l projac! action ite:<:s. • Monitor ard Lopcate p roj ect scf-:e dL.les u :;uzing M cmso f~ Proje c t softw a re • Pa rtic ipate •r> oroject and pul)\ic rnee ungs. as t·eq uirec • implem e nt strateg ic _teps t o m eet goa:s and t imelines. • Prepare anG uY:p l ement ac· effective proj e c t ' a. agem ent p ar • Condu ct research a c analy ses to support the goals and Ov;ectiv es of Ule proj ect • Fina izs w o rk p rodu c t. pro';ide se r1i ces an prepa re and del :v e ,· presentations to City st aff and sta kei 1c.der s as appropr iate. CP S I ·will coord ir.a ~e the pre paratiOn of apor3 isa l reports: .at \'-''ill t:e u s ad for t:ie p roposed acquisit;o n o f property rig hts fm th e six parc els r ,q_lired to support the Cit>· fo r the Del Obisp o St reet Widening Proj e c '.:. The appraisal . epo rt will oe used to estab[ish the fa ir marke t v alLe and bec ome t :e basis for the d e t errr.inatior. o f J .st CorPpen sation set by t! e Cit y. The appr a iser w i I. complet e a S >Jn"<ma ~y Ap praisal F-ep:)rt in accord an ce with t~e UniforrT' S;:andard of ,Jrofess ional A.pprai sal Practice and Ca Jorn ia Code of C•;i l Proced· ·re . CP SI Ol"'lY w ork s -.;v iti: Li cer:sed and highly' qua lified c;pp r ai s0l firn;s to provide the se rvi ces .dentni ed her·::in . Wit 11 u . p a ra lel ed exper t ise . ou r proj ect managers and acq u;s i t ~on age ts can revi e v; and comore · e nd ~r.e rr •cst techn ic a, app raisal as signments. wh iC:i tran slate into a more co mpre nen si•i e offer p resent atio n . We w ill per'or:T' tn e requ ired acq ui sitiOn servi ces in accorda n ce with ch e Uniform Relocatio n an d Rea l Pro pert y Acq ui s100n Ac t (49 CF R Part 2-Ll. as amended . tre Ca liforo11a Re toca:•o n Assista, ce and Rea l Prooerty Ac qu1si tiofl Gur deL i res ~T i t le 25 . Ca li fornia ~"cde of Reg u aticn sl: the Ca ltran s Righ' o f \Vay Ma nual: and the c ~vs c wn polbes a0c proced L.;·es O:...r ge;,eral approach follow s c E \f ; ., u !) r[J _,>· ,, " ;.. 'a .. .--·en (('!- s_; 6_ \ll (i c (l) r: 0 c f0 "' (1.~ :o ro t:> --Qj T l T.l .-- ii) _;_J.: "j T i (I\ .c: u '" t1J {)_ C) <{) () ilJ p ) -~ ·1---' - ') ~ Qj ,_ --, <H 0 ~!1 ~ :i .::: (' ~- ~~ in ~~ (~ .;p ~· -(r u (\) -~-~ ~F­ u ~ <1> -5 , .. p ::; I I) L (l.l ; () ~~-~ .. :, (l,> c (j} I1J 'L 0. • -~~ .-- ' (:, ,, :11 > t) '· T i c rn >. 0 -~~ (i) _..._, --~ ,_. u U:• c .-- .;:- ~i ~ G'l 2.~ <J) ...., co -~' ~ t: E 0 () T l ?a \j) ::J ~ t) c 0 -;:-~ .0 _, cr l) rv (11 :;:; en ,. 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[ c m u <II c u rv ~ ~ it! lfl c 0 :~ tS OJ <ll c (_ Qi ..c ';; ~-; 0 \) Q_ 3 Vl (J) u ~ ?-: 0 (}) ~s Q 0 ~ ; ~ g c .) ·e 1\l c (J ~ J -··· -~ ·o :~ E c D ~ -:; 03 in ·o <l! c .n 0 __ , ?J u ,..~ 0 ~ (. ij) c 0 r :~ --u 8 1S Ql <11 0:: .~ • ~~ ,_ <l1 If) 1/l <I! u ~ •n <(; L Q ·m ·'-' c. 0> t: .) u 0 u ·.u c 0 ·;::; v ·o <0 OJ c c -~g .0 0 .,.., -~~ u <l1 ~ ~i c u 1\1 u o. ru E D 0 u m ;:r "' () V I '-· (!) t) c <II Q> t.U "-' Ql .P. c Q_ ::~ t: ;h 8 (j) fl} ._ ,g > c ~? \]) u , .. {/) c (!I ., ·~ u 0 0 O) ·o c C;) ·;= c iii Vi 8-~ .) o:: (!) +:: .:; lll ~ ru <n c ·::; 15 ~li 0 -o 0 c u t1J • (jj -5 .8 u (j) ' ;:: :J ' ,. 1/'-(}_l .... , · .. c c (!) Q) i= .E ill ·a '= c ::J <6 o · ... Q) "• '- 0 (I} ?i u u Ill \.J ,. m ·g c 0 () .i? 3 rY "' ~ m c (\) ~ :J 0 V l 0) c -o c ::J ~, __ 0 ~ fli 3 D (]) u e Q _ }' m ~ ~ ~ ~ m 0. --E u Q 0 () Q. J~ -~ u :w (!) c. 3 0 _g) -o > <\> (lJ '" '--ru (j) ..0 0 c 0 0 <ll , . c 0 :1-2 Vl g (1) ..... 8! \) 0 u Ql ,_ (i, <0 0 . c e 61 °-·;::: 0 0 '~ :._; 0 ' (.) <U ili ..c >--:~-= 1--0 • -.a • -- Q c: -~ u • • 'I • • • • • J ~ • • • • • CPSI FE PROPOSAL EXHIBIT B CPS ! h as pro vid ed ou r not -to -e xceed fee p r o p osa l a n d sch ed u le o f h o urly ra t es b e low. FEE PER PAR El ~x;ra ·sa S"'filr-,-,::~y ~aura 's:; ::~~core: H.:; . e · .; ::; ·..~c: ... :;rs O:i'Je r J'·ec: :::-a-ges E G tV: =age 0 os~1ge, Cop·es 1 TOTAl NOT -TO-EXCEED FEE SCHEDULE 0 HO RLY RATES CLASSJ FJCA TION Project Manager Senior Acquisition Agent Project Coordinator Appraisal T ERMS OF AYMENT s 5-..; s:.,soo 52 .2 5~ s:. s~= 52 co 33 000 PARCELS 5 3 3 5 1 FEE $ 3,1.1 :: ::,1 5: 5 ~ 5L 'l 51 ,O~JC s ::, '""'C: s SG~,; $39,99 HOURLY E $150 $110 $ 75 Flat Fee/Report Invoices will be submitted monthly. Rates will be valid for 18-months from execution of contract. EXHIBIT C C fJ S i t ll'1d P r s t;mcl ~; lildt th is projoc l is <-1 high prior ity foi" lhP C ity: lherefo n,•. we' drc prqJ<lru d to buqin work im rTr c cli dldy u pon rt·~c c ipl of ;1 noti ce~ l o pr<K <)Cd. Our sche dule b e low o ulli n c•; project m it P.s ton e '; 21 nd dt~live r abl.c"> b ;y :.ecl or r <.r ';t;ul cJ <·rt <:-.· ol c .. rr ly M;ry ?.Olo i i io -'ras kNamo j-, -Project M~n-as~men t 1 __ _ 2 City Iss ues Notice To Proceed Review Ti tle Reports and legal Descriptions Meetings and Status Reporting Right of Way Acquisition Issue Notice of Intent To Apprais e Co mplete Appraisals City i\pproval of Just Compensation Preparation of Offer Packages 10 Present Ofter Packaees Neg otiation Process Escrows Completion or RO E obtained Del Obispo Street Widening Project, CIP 16102 RIGHT OF WAY SCHEDULE 1 day Mon 5/9/16 s days Toe 5/10/16 94 days Toe 5/17/16 94 days Tue 5/17/16 lday: Tu e 5/17/16 20 days Wed 5/18/16 1 day' Wed 6/15/16 1 days Thu 6/16/16 10 days Mon 6/20/16 40 d;~ys Mon 7/4/16 20 days Mon 8/29 /16 Mon 5/9/16 'I Mon 5/16/16, i. Fri 9/23;161 ! .. Fri 9/23/16 Toe 5/17/16 Toe 6/14/16. Wed 6/1 5/16! Fri 6/17/161 Fri 7/1/1~ Fri 8/26/16 Fri 9/23/16 .. ··--·----··-·---------·· --···-·-- r I -r-,,.-k --.--. ------;--;El<l~:o;,n:,.~l -~· :.:~one:. <> __ J M<•>ual Summ•'Y Roll<1 p ----- 1 M i\OIJ~ Summtt ry Sprn MJ!t'Nton e • Ouw.: McH• 4/18/16 Sum mary Projec t SL•mnmry ----·----~tc rr~~&~o~ks:._· ---li.i~~~::":~. lnm.:tiwTa.sk. ln at::'tiVi!'M~os~ lrwctivtJ Summo:uy M;JIIUall.-.:;k Duralioo-only cr ( St art-only -\, rinistt·Of\IV l J Prua ro s,t. Ot!a d !inc <:-