HomeMy WebLinkAboutSR - R26690 - Prep of Housing Rplcmnt 4 County Village AptsPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: APPROVE CONTRACT NO. R- 26690 WITH OVERLAND,
PACIFIC & CUTLER, INC., IN AN AMOUNT NOT TO EXCEED $66,375
FOR CONTRACT FEES, PLUS REIMBURSABLE EXPENSES NOT -TO -
EXCEED $10,000 FOR THE PREPARATION OF A HOUSING
REPLACEMENT PLAN AND RELOCATION PLAN FOR THE COUNTRY
VILLAGE APARTMENTS LOCATED AT 42-455 AVENUE OF THE
STATES
SUBMITTED BY: MARTIN ALVAREZ, REDEVELOPMENT MANAGER
CONSULTANT: OVERLAND, PACIFIC & CUTLER, INC.
41555 COOK STREET
PALM DESERT, CA 92260
DATE: JUNE 28, 2007
CONTENTS: AGREEMENT FOR PROFESSIONAL SERVICES
OVERLAND, PACIFIC & CUTLER, INC., PROPOSAL
AERIAL MAP
Recommendation:
By Minute Motion, that the Agency Board:
Approve Contract No. R- 26690 with Overland, Pacific & Cutler, Inc., (OPC) in
an amount not -to -exceed $66,375 for contract fees plus reimbursable expenses
not -to -exceed $10,000 for the preparation of a Housing Replacement Plan and
Relocation Plan for the Country Village Apartments located at 42-455 Avenue of
the States; and
2. Authorize Chairman to execute said agreement.
Funds are available in Account No. 870-4195-466-3092.
Executive Summary
The Country Village Apartments are located at 42-455 Avenue of the States (see attached ariel
map). The Housing Authority acquired the 66-unit apartment complex and Casey's Restaurant
in the fall of 2005. The apartment complex has 15 remaining occupied units. If the Agency
Board approves this item, OPC will be authorized to prepare a Housing Replacement Plan and
Relocation Plan for the remaining tenants. OPC is a qualified firm with extensive experience in
right of way acquisition and relocation plans.
Staff Report
Approve Contract R- 26690 with Overland, Pacific & Cutler, Inc. for
Replacement/Relocation Plan at Country Village Apartments
Page 2 of 2
June 28, 2007
Discussion:
The Redevelopment Agency's intention is to redevelop the 1.47-acre apartment site to
accommodate a more efficient site plan and unit type, as well as to continue to provide
affordable housing to serve the needs of the community. Prior to redeveloping the site,
California Redevelopment Law requires the preparation of a housing replacement plan and
relocation plan for displaced residents.
The housing replacement plan will identify available affordable replacement units within the
project area to replace the Country Village Apartments if the site is redeveloped. The relocation
plan includes, but is not limited to the following:
• Interview and identification of all tenants that are eligible for relocation benefits.
• Preparation of individual relocation packages for eligible persons.
• Provide the tenants with on -going advisory services to minimize hardship.
• Provide written referrals to replacement housing and physically assist displacees in
locating replacement housing.
• Inspect replacement dwellings to determine if they meet "decent, safe, and sanitary
requirements.
Once both plans are prepared, they will be presented to the Agency Board and will be made
available for public input and comment.
In the summer of 2006, staff received and reviewed proposals from three firms for relocation
services. The firms were ranked based on qualifications and price. OPC was chosen as the
most qualified firm and a cost was negotiated for preparing both a housing replacement and
relocation plan. OPC is a local firm that has successfully assisted many government agencies
with these types of services.
Staff recommends authorization to award a professional services contract to Overland, Pacific &
Cultler, Inc., in an amount not -to -exceed $66,375, plus up to $10,000 for reimbursable expenses
for preparation of both housing replacement and relocation plans for the Country Village
Apartment project.
Submitted
Martin Alvarez
Redevelopment Manager
Approval:
ehy, ACM Re ment
Carlos L�Ortga, Executive Director
Dave Yrigoye
Director of evelopment/Housing
(a�
Paul S. Gibson, Director of Finance
U'ed BY RDA �- U
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VERIFIED BY
Original on file with City Clerk's Office
Contract No. R26690
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 28th day of June 2007,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and OVERLAND, PACIFIC, 8� CULTLER, INC. a California Corporation
("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, Agency desires to retain Consultant as an independent contractor to
perform certain technical and professional consulting services in connection with the
COUNTRY VILLAGE APARTMENT project, subject to the terms and conditions
specified below, in the documents attached and incorporated herein, and applicable
federal, state and local law.
NOW, THEREFORE, in consideration of perFormance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and
technical services on a non-exclusive basis, as more particularly described in Section 3,
below, and in Exhibit A, Scope of Services.
1.2 Personnel. Consultant represents that it has, or will secure at its
own expense, all personnel required to perform the services under this Agreement. All
of the services required under this Agreement will be performed by Consultant or under
its direct supervision, and all personnel engaged in the work shall be qualified, and shall
be authorized or permitted under state and local law to perform such services.
1.3 Standard of Performance. Consultant shall perForm all services
under this Agreement in accordance with the standard of care generally exercised by
like professionals under similar circumstances and in a manner reasonably satisfactory
to Agency.
1.4 Consultant Representative. For the purposes of this Agreement,
the registered architect, engineer, or landscape architect who will serve as the
Consultant Representative shall be BOB STODDARD ("Consultant Representative").
1.5 Time of Commencement. The execution of this Agreement by the
Parties does not constitute an authorization to proceed. A separate written Notice to
Proceed shall be issued by the Agency Representative, and Consultant shall not
commence work until receipt of such written Notice(s) to Proceed, as further set forth in
Sections 2 and 3, below.
1.6 Time of Performance/Time is of the Essence. Consultant shall
commence the services contemplated under this Agreement immediately upon receipt
of a written Notice to Proceed from the Agency, and shall prosecute to completion each
task listed in Section 3 in a timely and diligent manner.
Contract No. R26690
2. Services by Agency:
2.1 Aqencv Representative. For the purposes of this Agreement, the
Agency Representative shall be MARTIN ALVAREZ, or such other person designated
by the Agency's Executive Director ("Agency Representative").
2.2 Provision of Data. All information, data, reports and records and
maps as are existing and available from the Agency and necessary for the carryings out
of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge
by Agency, and Agency shall cooperate in every way reasonable in the carrying out of
the work without delay.
2.3 Proiect Budqet. The Agency shall provide a budget for the project
that shall include contingencies for bidding, changes during construction, and other
costs which are the responsibility of the Agency.
2.4 Tests and Inspection. The Agency shall furnish structural,
mechanical, chemical, and other laboratory tests, inspections, and reports as required
by law or the contract documents, provided however that the Consultant shall advise the
Agency in advance of the necessity of such tests and inspections, and shall coordinate
and cooperate with the testing and inspection agencies, if any, at no additional cost to
the Agency.
3. Consultant's Scope of Work. Upon delivery by Agency to Consultant of
a written Notice to Proceed, Consultant shall immediately commence work pursuant to
this Agreement. Consultant's scope of work shall consist of the services in Exhibit A
appended to this Agreement.
3.1 Reportinq & Record Keepinq. To assist Agency in the performance
of its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep Agency reasonably informed of progress
on work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by Agency for information, progress reports, or documentation.
Consultant shall maintain accurate records of all work performed for each Assignment
under this Agreement, including but not limited to originals or copies, as applicable, of
all deliverable documents described in Exhibit A. Upon the completion of work, and if
requested by the Agency, Consultant shall deliver to Agency the originals of all
renderings, models, or documentation produced, and may retain copies of such
documentation, at Consultant's election.
3. 2 Compliance with Laws. Consultant shall at all times possess any
and all licenses and permits necessary to provide the services herein, and shall comply
with applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City of Palm
Desert policies and guidelines.
3.3 Confidentialitv. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all
information received in the course of performing pursuant to this Agreement.
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Contract No. R26690
Consultant shall promptly inform the Agency in the event Consultant receives a
subpoena or court order requiring disclosure of confidential information.
4. Not Used
5. Compensation. Agency shall pay Consultant for the Services provided
under this Agreement on the following basis.
5.1 Not-to-Exceed Fee: Agency shall pay to Consultant a total amount
not to exceed $66,375 for the basic services described in Exhibit A. Payment shall be
made on a monthly basis, based upon the hourly rates also defined in Exhibit A,
multiplied by the number of hours worked by each classification of personnel assigned
to the project during the previous calendar month. The not-to-exceed fee shall not be
exceeded without written agreement between the parties.
5.2 Additional Services: Additional services beyond those described in
Exhibit A shall be reimbursed on a time-spent basis at the hourly rates described in
Exhibit C. Agency shall not be obligated to compensate Consultant for additional
services performed without advance authorization from the Agency Representative.
5.3 Reimbursable Expenses: Agency shall pay to Consultant actual
costs plus ten percent (10%), subject to the limitation given below, for expenses
incurred on behalf of the project for long distance telephone calls, reproduction, express
delivery and courier services, postage, out-of-town travel if pre-approved in writing by
the Agency Representative, and other expenses directly attributable to the project and
expressly approved by the Agency Representative. Reimbursable expenses, including
ConsultanYs mark-up, shall not exceed $ 10,000 for this project.
5.4 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by Agency in writing prior to the
performance or incurrence of such services, expenses or costs. Any additional
services, expenses or costs authorized by Agency shall be compensated at rates
mutually agreed upon by the Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to Agency invoices each month
for all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, and any milestone achievements. Copies of receipts for expenses or costs
shall be submitted with each invoice. Agency shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
6.2 Payment. Agency shall pay all undisputed portions of the invoice
within thirty (30) calendar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
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Contract No. R26690
6.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consultant shall be available for review and audit by the Agency.
7. Ownership of Work Product.
7.1 Proqertv of Aqencv. All documents including but not limited to
plans, bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other written material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising therefrom ("Work Product"), shall be and remain the property of
Agency without restriction or limitation upon its use or dissemination by Agency.
Promptly upon the completion of each Assignment, or at any other time upon
reasonable notice to Consultant by Agency, Consultant shall deliver all Work Product to
Agency.
7.2 Re-Use of Work Product. Agency and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shall not be the subject
of a copyright application by Consultant. In the event Consultant permits the re-use or
other use of such Work Product, Agency shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such re-use or other use, and
Agency shall require the party using them to eliminate any and all references to
Consultant from such Work Product. In the event Agency re-uses such Work Product
on any project other than the project for which they were prepared, such re-use shall be
at the sole risk of Agency unless Agency compensates Consultant for such reuse.
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees,
associates and sub consultants, if any, will comply with all conflict of interest statutes of
the State of California applicable to Consultant's services under this Agreement,
including, but not limited to, the Political Reform Act (Government Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant shall retain the right to perForm similar services for other clients,
but Consultant and its officers, employees, associates and sub consultants shall not,
without the prior written approval of the Agency Executive Director, perForm work for
another person or entity for whom Consultant is not currently performing work that
would require Consultant or one of its officers, employees, associates or sub
consultants to abstain from a decision under this Agreement pursuant to a conflict of
interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its officers,
employees, agents and representatives, warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach or
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Contract No. R26690
violation of this warranty, Agency shall have
without notice or liability, or in its discretion
consideration, or otherwise recover, the ful
percentage, brokerage fee, gift or contingent fee,
the right to terminate this Agreement
to deduct from the contract price or
I amount of such fee, commission,
8.3 No Financial Interest - Aqencv. No officer, member or employee of
Agency during his or her tenure or one year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and
agree that to their knowledge no member of the Agency Board, or officer or employee of
Agency, has any interest, whether contractual, non-contractual, financial or otherwise, in
this Agreement, or the subject matter thereof, nor any business or financial relationship
with Consultant, and that if any such interest comes to the knowledge of either Party at
any time a full and complete disclosure of all such information will be made in writing to
the other Party or Parties, even if such interest would not be considered a conflict of
interest under applicable laws.
8.4 No Financial Interest — Consultant. Consultant hereby covenants,
on behalf of itself, and its officers, employees, agents and representatives, that at the
time of executing this Agreement it has no interest, and that it shall not acquire any
interest in the future, direct or indirect, which would conflict in any manner or degree
with the perFormance of services required to be performed pursuant to this Agreement.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. At no time during the term of
this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on
ConsultanYs behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the project.
9. Indemnification. Other than in the performance of professional services
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
the City, Agency, and City's and Agency's elected officials, officers, employees, agents
and volunteers free and harmless from and against all tort liability, including liability for
claims, suits, actions, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney's fees, court costs, and expert witness fees incurred by City
or Agency, arising out of or in any way connected with, in whole or in part, the acts or
omissions of Consultant, or any of ConsultanYs officers, agents, employees or
contractors, in the performance of this Agreement, including but not limited to, claims,
suits and liabilities for bodily injury, death or property damage to any individual or entity,
including employees or officials of Consultant. The provisions of this paragraph shall
not apply to claims arising out of the sole negligence or willful misconduct of City or
Agency, any of City's or Agency's elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency and the City of Palm Desert, their officials, employees,
agents and representatives from and against any and all losses, liabilities, damages,
costs, and expenses, including attorney's fees and costs to the extent same are caused
in whole or in part by any negligent or wrongful act, error, or omission of the Consultant,
its officers, agents, employees or sub-Consultants (or any entity or individual that the
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Contract No. R26690
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement.
10. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth
below. If Consultant's existing coverage does not meet the requirements set forth here,
it will be amended to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to Agency in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
10.1 Workers' Compensation and Emqlo�rer's Liability.
Consultant shall provide Workers Compensation and Employer's Liability Insurance on
an approved policy form providing benefits as required by law with employer's liability
limits no less that $1,000,000 per accident or disease.
10.2 Professional Liabilitv or Errors and Omissions. Professional
Liability or Errors and Omissions insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the
Consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of'
the insured and must contain a provision establishing the insurer's duty to defend. The
policy retroactive date must be on or before the effective date of this agreement.
10.3 Automobile LiabilitY. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non-owned auto endorsement to the
CGL policy.
10.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant will not operate any vehicles at any time
within the scope of the services in the agreement, provisions for these coverages may
be waived upon review and approval of the Agency's Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Agency, a wholly independent contractor. Consultant shall have no power
to incur any debt, obligation, or liability on behalf of Agency. Neither Agency nor any of
its officials, employees or agents shall have control over the conduct of Consultant or
any of ConsultanYs employees, except as set forth in this Agreement.
12. Non-Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the Agency's prior, written
consent. Any attempted or purported assignment or sub-contracting by Consultant shall
be null, void and of no effect.
13. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
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Contract No. R26690
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against Agency
or City relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation, which Agency or
City might require.
15. Termination. The right is reserved by the Agency to terminate the
Agreement at any time upon seven (7) days written notice, in the event the project is to
be abandoned or indefinitely postponed, or in the event the Consultant's services, in the
sole judgment of Agency, are unsatisfactory or because of the Consultant's failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original timecards in the event of termination or suspension.
16. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during ConsultanYs and Agency's regular business hours or by facsimile before
or during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
in the Agreement, or to such other addresses as the Parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered to the Parties at the following addresses:
Agency: Carlos L. Ortega, Executive Director
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Martin Alvarez
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
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Contract No. R26690
Consultant: Bob Stoddard
Overland, Pacific & Cutler, Inc.
41555 Cook Street, Suite 250
Palm Desert, CA 92260
Tel: (760) 776-1238 / Fax: (760) 776-1636
17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by Agency of any payment to Consultant constitute or be construed as a
waiver by Agency of any breach of covenant, or any default which may then exist on the
part of Consultant, and the making of any such payment by Agency shall in no way
impair or prejudice any right or remedy available to Agency with regard to such breach
or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
20. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and Agency. This Agreement supersedes all prior oral
or written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
22. Successors. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
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Contract No. R26690
23. Waivers. No waiver of any breach or default of any term or provision of
this Agreement shall be deemed a waiver of any other term or provision of this
Agreement, and no waiver shall be valid unless in writing and executed by the waiving
party.
24. Construction. Section headings in this Agreement are solely for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections ace to this Agreement. All exhibits to this Agreement are hereby
incorporated by reference.
25. In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement
(b) Exhibit A— Scope of Services Proposal
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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Contract No. R26690
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
OVERLAND, PACIFIC & CUTLER, INC.
By:
Its:
By:
Its:
PALM DESERT REDEVELOPMENT AGENCY
Richard S. Kelly, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM
Dave Erwin, City Attorney
lo
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�
State of California }
} SS.
County of }
On � , , before me,
a Notary Public, personally appeared
0
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
Contract No. R26690
(seal)
DESCRIPTION OF ATTACHED DOCUMENT:
(TITLE OR TYPE OF DOCUMENT)
(NUMBER OF PAGES)
(DATE OF DOCUMENT)
(SIGNER(S) OTHER THAN NAMED ABOVE)
Right Thumbprint of Signer
(Optional)
EXHIBIT A
SCOPE OF SERVICES PROPOSAL
ii
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April 12, 2007
Mr. Martin Alvarez
Redevelopment Manager
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palrr� Desert, CA 9226Q-2578
41555 Cook Streat, Su€te 250
Palm Desert, CA 92260
7b0.776.1238 ph
750.776.163b fax
www.OPCservices.com
Revised Froposal from July 6, 2005
RE: Rig1�t of Way Relocation Assistanoe Services Proposal - Country Village Apartrnent Project
Dear Mr. Aivarez:
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Overland, Pacific & Cntler, Jnc. is pleased to submit its proposal to provide the Palm Desert
Redevelopment Agency with reiocation services far the Country Village Aparhnent Pro,�ect. We
understand this project entails the permanent displacements of 6b residences due to the planned
demolition of the apartrnent complex.
For over 25 years Overland, Pacific & Cutier b�a,s provided on-call and projeot based real estate
services ta numerous government agencies including local, regional, state and federal agencies
and has alsn assisted agencies in developing riglat of wa�+ policies and procedures. With ovear 100
full-time, acquisition, relocation and property management professionals, and as o�e of �the
largest real estate consulting iums in the nation, Qvarland, Pacific & Cutler is prepared to provide
a team of rigl�t of r�vay specialists to serve as your real estate atm ax�d to work coaperatively with
your staif: Our focus on customer service, coupled with consistent delivery of reliable services
and work produc�s, has solidified our position as the premier firm in this arena.
In addition to being one of the largest and mast capable right of way service organizations in the
nation, OPC is also a local company. We have served the desert communities since 1995 and
remain �he only riglit of way �rm in the Coachella Valley. This lacal positioning distinguishes us
from atb.er firms, as th� trae test of a firm is the staying power after SO% of #ha project work is
complete. A project of this magnitude is most likely to attract other iums who feel they may be
able to attempf such an endeavor, but a loca�, permanent presence can make the difFerence
between having a partially completed �roject rrersus having an entirely cornpleted project, on time
and within budget. Perhaps most importantly, OPC's local pr�sence pert�i#s elasticity in nneetirxg
tirnes with residents. Those community members and stakeholders who will be affected by this
project deserve the utmost oare and respect, which OPC will deliver.
Curren�y working with yaur Agency on various acqnisitions that relate to tlais project, we look
forward to broadening owr relationship to include the Cauntry Village Apartment Project. If you
should have any questions, please contact me at 760.776.123$.
Sincarely,
1lvert�,rlcl, }'rr�•11i-c � �'f�'fft;rl'. f���:_
Bob Staddard
Project Manager
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The �asis o� OPC's work plan is the formation of a highly qualified team of professionals who
have the experience in providing relocation services for public agencies and the technical
expertise required to succEssfully relocate the required occupants. The overriding goal in our
approach is to complete our work in a timely and technically correct tnant�er, as well as treating
people and businesses impacted by the project in a respectabie and equitable manner. Success in
this relocation assignznent is contingent upon co�ntnunicaiing technical data to people who can be
fearful, angry, and may possess limited knowledge of the complex parocess affecting their
livelihoods andlor fanailies. It is imperativa that we address the disp�acee's cancerns equitably
while attaiaiing the goa.ls of the Agency's project. The benefts of this approach are cost
effectiveness, reduction in project delays, a decrease in court actions, and an increase in the
public's confidence in the Agency.
Although our work plan anticipates completing all the scape items listed in our proposal, to
successfully complete the project, more i�han just follo�+ing a step by step method will be
necessary. Our vc�ork plan's philosaphy considers its client to be the Agency AND the indi�iduals
with wlaom we will woxk i.n the field. This philosaphy of displaced occupants b�ing our client
translates into a continued personal presence and an interest in providing whatever services are
necessary. Exaimples of this type of assistance which will be implemented by the OPC Team are:
■ Being available to residents and businesses at their convenience
■ Taking the time to go over tlje reiocation program as many times as necessary
■ Driving residents to available replacement sites
■ Working with la�dlords, property managers, real estate agents, escrow and loan afficers
to get residents into replacement housing
■ Assisting housing authority personnel for those either on ar applying for Section 8
= Listening to and being compassionate to reside�ats or businessas abaut a�racess that is
affec#ing their lives
■ Processing claims and payments expeditiat�sly
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Becaus� the apartment demolition will elizninate low incorne units within a redevelapment area,
we recommend the preparation of a Replacement Housing P1an in accordance with California
Redeveloprnent Law.
R��f�.�reli�r�r 1�lr��r i're�rrrarlrr�ar
A conscientiously prepared relocation plan is a valuable tool in the relocation process. A well-
mapped plan aan help the relocation team phase t�e praject so that an adec�uate supply of housing
is available. It can alsa identify po#ential commercial pitfalls in the proj�ct scheduling process.
The ac#ive steps in the relocation plan preparation process are:
1. Interview all potentialiy affected occupants to determine relocation needs. This includes a
business needs analysis including: the nwmber of eznployees at the location, special
licensiu�g or zoning needs, needed permits, information on trade areas, special moving
requirements, etc. The inteiview alsa queries household information such as: the number,
;_---- � - -
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ages and gender of all occupants, income of the hausehold, distance to employment and
utilized z�eighborhood services, special needs oithe household, etc.
2. Research the marketplace for available replacement locations andlor establish rent
schedules for cornpiiing project costs.
3. Compile available housing and business replacement sites.
4. Calculate potentia.l project costs.
5. Draft relocation plan for presentatian to client.
G. Ma%e the plan available for public inspection.
7. Make any needed revisions brought up during the public inspection period.
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OPC wi11 follovv the Unifarm Relocation and Real Property Acquisition Policies and Title 25 —
Housing and Community Development {California Code af Regutatxons) to itnplement a
controlled relocation assistance program consistent with 1aw and with the Agency's goals.
Specific tasks include the folfowing:
Residen#ial Occunants
1. Conduct personal, on-site interviews of prospective di,splacees to ascertair� relacation
housing needs and special requirements.
2. Tannform displaced persons of available relocation assista�ce services and benefits, and
explain relacation process.
3. Provide displacees with on-going advisory assistance to minim�ize their hardship,
including referrals to and coardination with community service resources, public
housing and other public services, as necessary.
4. Prepare and distribute Tnfoarxnational Statements, Notices of Displacement, 90-Day
Notices to Vacate, and ather not�ces, as may be required.
S. Frovide written referrals ta replacem�ent housing and physically assist displacees in
locating replacement housing, including transporting individuais to view replacexx�.ent
sites, if necessary.
6. Prepare replacement housingldown payment assistance entitlement reports �or
disp�aced households.
7. Determine eligibility for and proposed amount af relocatian benefits, including movi�ug
payments, rentaUdowz� payment assis�ance, and replace�ent housing payrnents.
8. Inspect replacement dwellings to determine if they me�t "decent, safe and sani�ary"
requirernents.
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9. Prepare all applicable benefit claim forms, secure claiman�'s signatures an claim
forms, and suhmit claim forms to the Agency for processing arid payment.
10. Monitor the move to replacement site, as nec�ssary.
i 11. Deliver benefit checks and other appropriate payments to claimants.
i
12. Maintain necessary case documentation and pro�ide the Agency with periodic
' standard status reports.
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For activities associa#ed with the 15 residential occupants and in oompliance with state and/or
faderal law and the attached Scope of Services, wa propose a%ed case price of the following:
Froject Planning and Management
Optional — Replacement Housing Flan
Optional — Spanish Traaaslation of Relocation Pian
� Total
$'�,5U0
$3,750
$3,400
$6b,37S
For activities associated with the attached Scope of Services, �PC may submit rnonthly invoices
for the reiocation services rendered based on a percent complete basis. However, in no event will
OPC's total project billing exceed the total per case rate wi#hout prior authorization from the
Agency. Additional cases identified during t3�e implementation of the Project, delays or lang-term
negotiations in the acqnisition which take the relacation process past nine rnonths, substantial
changes in the required scope of work andlor uncooperative occupants which create delay or
extranrdinary time committnent, either by �hemselves or because they are being represented by
legal counsel, are items which may result ix� tbe revisian of the proposed £ee. Upon completion of
services, the remaining balance of the project maximum shall become immediately due and
payable.
1�.��i7�rTy J�'i��tc;4
Page 25
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Relocation Assistance Services for 15 cases ($3,200/case) $48,000
IRegional Manager
� 5r. Project Manager
Project Manager -
Senior Acquisition/Relocation Consultant
Acquisitioz�IRelocation ConsultandAnaiyst
Real Estate Technician/Escrow Officer/Project Support
SecretariallClerical
$135.OU per hour
$130.00 per hour
$120.00 per haur
$110.00 per hour
$100.40 per hour
$ 74.�0 per hour
$ 40.00 per hour
1
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The firm considers photocopying, postage, telephone, facsimile and cellula.r comm�utication
oharges as a normal part af doing business. These charges are included in the sta.ted hourly rates.
Out of-pocket expenses, inclt�ding pre-approved travel and lodging, outside exhibit preparation,
requested overnight caurier charges, and specialt�y reproduction will be charged at cost plus 10%
to cover administration, coordinatian and handling. Subcontracted services (other than those
listed above) will be invoiced at cost plus 10%.
Any consulting services or advice necessary for appeal, or to support litiga�ion, such as
depositions, pre-trial research and court testimony, are not part of our normal fees and shall be
invoiced at two t�mes aur hourly rates.
�`la�a�# Li�s�
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Tableof Contents ............................................................................................................................. 2
Overland, Pacific & Cutler, Inc. Overview ...................................................................................... 3
Areasof Expertise ............................................................................................................................ 4
Scopesaf Work ................................................................................................................................ 8
QA/QC Process ..............................................................................................................................11
ProjectExperience .........................................................................................................................12
KeyPersonnel ................................................................................................................................ � 5
PropasedFees ................................................................................................................................ 25
ClientList ...................................................................................................................................... 26
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CALTFORNIA:
Overland, Paciiic & Cutler, Inc.
l0U West Broadway, Suite 500
Long Beach, CA 408Q2
800.400.7356 Toll Free
562.304.2000 ph
562.304.2020 fa�c
Overiand, Pacific & Cutler, Inc.
24422 Avenida de la Carlota, Suit� 275
Laguna Hi11s, CA 92653
949.951.5263 ph
949.95 i.6651 fax
Overland, Pacific & Cutler, inc.
7901 Oakport Street, 5uite 4800
Oakland, CA 94621
510.638.3081 ph
510.b38.0750 fax
Overland, Pacific & Cutler, Inc.
3170 4�' Aven�ue, Suite 200
San Diego, CA 92103
619.688.7980 ph
619.688.7985 fax
WASHINGTON:
Overland, Pacific & Cutler, Inc.
10900 NorEh-East 8th Street, Suite 9U0
Bellevue, WA 98a04
425.462.5667 ph
425.462.5657 fax
Overland, Pacific & Cutler, Inc.
8950 Ca1 Center Dr., Suite 102
Sacramento, CA 95826
916.857.1520 ph
91b.857.1525 fax
TEXAS:
Overland, Pacific & Cutler, Inc.
3000 South 3i" Street, Suite 307
Temple, TX 76502
254.778.b060 ph
254.778.6688 faac
Overland, Paci�ic & Cutler, Yr►c.
41555 Cook Street, Suite 2S0
Palm Desert, CA 92260
7b0.776.1238 ph
76D.776.1636 fax
OHI�:
Overland, Pacifio & Ct�tler, Inc.
5335 Far Hills Ave., Suite 220
Dayton, Ohio 45429
937.43b.5216 ph
866.644.6672 Toll Free
937.436.5746 fax
PENNSYLVANIA:
Overland, Pacific & Cutler Northeast,
LLC
29DU Bea1e Avenue
Altoona, PA 1bb01
866.944.8006 Toll Free .
814944.8006 ph
814.944.2082 fax
Q�erland, Pacific & Cutler Northeast,
LLC
1717 Swede Road, Suite 213
Blue Sell, PA 19422
8i4.944.$006 ph
814.944.2082 fax
Overland, Facific & Cutler Northeast,
LLC
Penn Park Building
48 S. Main Straet, Su's#e 211
Pittston, PA 18b40
570.b02.98I0 ph
570.b02.9811 faY
NEW MEX�CO:
3827 Pinion Jay NW
Albuquerque, NM 87120
505.254.0066 ph
505.254.0077 fax
���r�:�.r�,�;,. i�;���`:�f�c ��: �"'�ut�_��. Enr. �1� c� ���:��:.
Overland, P�cific & Cutler, Inc. (OPG� is a full-ser�vice acquisitian, relocation, redevelopment
and project management firm serving public and private sectar clients. Our iuma consists of a
diverse staff o� over l00 fall-tinne acauisitian. relocation. redeveloument and nroiect
m�na ement nrofessionals; more than one-third of those professionals can conduct business in
EnglishlSpanish, while a total of 13 different languages are repr�sented. The principals and
project �qnnauagers o� O�'C all ha�e significant hands�on case and project o�ersight experience. We
conduct training courses and secninars �or numerous professional associations with which we are
affiliated, and we malce frequent public pres�ntations to support projects and to educate project
stakeholders.
O�C pravides an integated start-to-finish scope of services, whioh includes project cost studies
and estimates; project management; real property and F&E appraisal; properiy and right o£ way
acquisi#ioz�s and negotia#ions; title and escrow; reiocation assistance plans and implemeniation;
good�uvill analysis; property rnana.gement; and expert witness testnnony. Services can be
contracted individually or as part af a suite of services.
Our clients i�nclude local, regional, state and federal public agencies; school districts; and both
far-profit and non-proiit c�evelopers. With offices in Califarnia, Te�s, Pennsylvania, Ohio,
Washington and New Mexico, OPC implernents prograrns successfully according to its clients'
expectation.s--on tixne and within budget.
Yr#�Sked ��o�rider O� R��I �S#�#� S�rIP€�eS P#�#i€�r,ally
�'ver��n[i, P�eE�ie 8�. �u��r, ��c. is�� Rati�rr�i f�al est�t� 5�r�ices provRder �o �ll types of gov�rr�mer�
ay�����- W� are also � ou��r�e�t ��ovidea �o num�rou5 5ta�e De�rkme�rCS of TrariSpol�a$ion (DOT)
fncludin�:
■ Calirans Oversight Projects
■ Texas D07
■ Pennsylvania DOT
■ Alaska DOT
+ Ohio DOi
AdditionaEly, OPC has been awarded
an-call contracts with:
■ Washington DOT
■ Oregon DOT
OPC is akso currently pre-qualified by:
■ Colorada DOT
■ �w� rwZT
■ K��U�c}+ a0T
� Virgi�ia Dc��'
• Pd�w ��rsey D0�
■ WeSt Virg��E� DOT
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SuccessfiYl implementation of an acquisition andlor relocation project requires a thorough and
coordinated effort during plan�ing and preparatian stages as well as during the implementatian
phase to see a project to a tinnely and cost-efficient comple#ion. �PC provides management
services at all stages of this process. Such services include tl�e follawing:
■ Comprehensive initial project pianning, including policy and budget analysis and
�articipation in informational rneetings with the public and official representatives
■ Tracking and managing all budgetary-related aspects oithe project
■ Assisting with the de�elopmen� of administrative policies, procedures and forms
necessary to carry out the initial program
■ Ongoing general consulta.tion and project coordinahon with the public agency c�ient,
social service agencies, governmental en#ities and project ieam mernbers
■ Representatian of the public agency client at public meetings, hearings and litigation
related matters
■ Preparation af tracking reports that manitar the completion of pro3e�ct milestones and tl�e
progress of individual cases
■ Coordination with federal and state oversight agencies such as Caltrans, Department of
Housing and Urban Development, FHWA and FTA
■ Subcontracting for, and managing of, all necessary disciplines needed for the project
h',�,Ir;� c��� i# �;}� �;�r�r�'}����}}�r�_P�.��r r�irr;�a�rr�a�;
OPC has pravic�ed real estate related services to numerous transporta.tion authorities,
redevelopment agencies, cities, school districts and special dis�ricts t�Zroughaut the Uni�ed States
for over 25 years. During that time, OPC has successfully acquired more than 15,000 parcels.
Because each acquisition may be unique in type and property description, OPC takes great pride
in plantiing its acquisition process accordingly. The numerous types of acguisitions and
properties are listed below.
Tvnes of Acauisitians Tvne of Pronerties
■ Licenseslpermits ■ Vacant
■ Temporary construction easements ■ Agriculturai
■ Perman�nt easements ■ Ruralldesert land
- Highway ■ BIA managed land
- Slope ■ Single-family residential
- Laz�;dscape ■ Multifamily residential
- Utilities ■ Tndus�ial
- Drainage ■ Special Use
- Pipeline - C�urches
■ �ee acquisitions - City halls
- Part-take - Libraries
- Full-take - Fire stations
■ Commercial
- Gasoline stations
- Restaurants
- Strip malls/fu11-scale malls
■ Office buildings
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In addition to the acquisition of more than 15,000 parcels, OPC has been involved wiih thousands
of projects. These projects have included a vast array af services, such as the following:
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Turnkey program and project management and coordina�ion
Site an.d zoute analysis and selection
Outreach programs
Public foruFns
Right af way support for prelimitiary engineering
Cost estimating
Feasibility studies and budget analysis
Appraisal
Revievv appraisal
Furniture, Fixtures & Equipment appraisal and acquisition
P�roparty management
Escrow coordination and #itle clearance
Coardinating envirorunental audit remediation and excess land sales
Title report and policies
Mapping
Surveying coordinatian
Cond�mnation activities
�c�lr.;u�.�r�.r��rr .�c�r;s�.r�,rr:c..�:
OPC provides comprehensi�e relocation assistanca services to public and private sectar clients.
The firm has handled more tl�an 40,000 residential, commercial and industrial cases connec�ed
with a broad array af projects and currently averages over 2,000 relacation cases per year. Our
clients include local, regional, state and federal public agencies; school districts; aaxd botlz for-
proiit and non-profit developers. The principais af the firm are leaders in the relocation
community and are often asked to speak at professional forwns.
Our field eacperience encompasses a varied assartrnent of projects and settings. We have
extensive experience in t�ae following:
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Public foruras and outreach
Multilingual assistance and translation
Relocation budget esti�mates
Relocatian plans
Replacement housing plans
Housing, co�n�aercial and industrial surveys
Commercial and industrial relocations
Residential relacatians (including permanent and #emporary displacernentj
Rent control compliance
Public and private mobile home closures
Large-scale relocation efforts (up to 2,SOU displacements)
Tra.cicing and management of periodic payments to Last Resart Housing beneft
recipients
Document translation
Sect�on 8 and HQS inspection services
Page 5
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Development and/or review and rnodi�cation of agency relacation guidelines and the
established policies and procedures for providing relocation assistance in compliance
with federal and state regulations
Post-relocation audit repres�n#ation
Eminent domain litigation support and expert �witriess testimony
We work within both rural and urban enviranments handling inner-city singl� room occupancy
(SRO) and farm cases alike. Since a11 of aur work uitirnately involves ihe public, we are keenly
sensitive to the huznan aud political aspects of the work we undertake. We believe strongly in
tharougla. planning, budget analysis and above all, communication with our clients.
Pfic��r��rrs^.- ;�:�ir;frrr,��r:rrr:rrr;r:
OPC can provide the unique property management services needed in a public project. Project
vacation objectives and the sensitivity of displace�nent are factored into the legalities asxd
financial objectivss of managing a praperty slated for acquisition and relocation. OPC has
extensive experience managing properLy for an �intexim period until the property is conveyed to
another party or utilized for another purpose, ar we can manage the property on an on-going
basis.
The follawing details our property management services:
■ Prepare and deliver rental agreements tailored to project objectives
■ Collect monthly ren� payments
■ Work with or provide (as appropriate) on-site managers
■ Prepare and deliver required �otices
■ Colleot keys and verify abandonments
� Provid� utility disconnection and meter removal
■ Administer emergency and unsafe condition repairs
■ Contract building and gound maintenance as needed
■ Contract board-up and other security services as units become vacant
■ Provide asbestos and demolitian cost estimates and coardination o� asbestos abatement
and demolition contractors
fkrr►fe��f. Arrc�il:�ur}- .Scf.rt}rre:s�
In addition to program and project management, acquisition, relocation assistance and property
management seivices, OPC can �rovide general supervisian and coordination for the fu11 range af
acquisition and relocation related services. Such services are provided through subcontracting
with reputable top iums in each of the fields described below. Qualifications of proposed
affiliated firms can be fiunished upon request.
■ Environm�ntal itnpact reports, project area surveys and other specialized reports as
specified by tk�e client
■ Appraisal services for real property and fixtures and equipment
■ Escrow services and contracts
■ Title insurance and reports
■ Appraisal services for loss-of business goodwill
■ Legal services related to the redeve�opment plan and projact area developrnent aud
eminent domain proce�dings
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■ Other services rnutually agreed upon
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OPC has expanded its services to include camprehensi�e project management for clients who
wish to outsource all, or a portion of, their redevelapment project rnanagernent needs. The
Redevelopment Services Division can assist in the successful implementation of redeveloprn�nt
projects from concept to completion, and the division can mobilize to act as a full- or part-titne
cantract redevalopment staff. Specific services are as follows:
■ Project conceptualization, site evaivation and selection, preliminary feasibility analysis
and developer selection
■ Negotiation of necessary development documen#ation including Exclusive Negotiation
Agr�ements, Disposition & Development Agreements, Or�vner Participation Agreernents,
Statutory Development Agreements, etcetera
■ Hands on maz�agement, oversight and coordination of all project related disoiplines
including California Environmental Quslity Act (CEQA} clearance, environmenl�al
remediation, property acquisition, tenant relocation, legal counsel and financial and
economic feasibility
■ Representation of the pub�ic agency client at public meetings, hearing and litigation
related matters
■ Preparation of Agency Implementation Plans, including the affordable housing
component
■ Affordable honsing compliance pla�aing
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