AGENDA
ITEM
15 AGENDASTAF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
January 19, 2022
Mayor and City Council
Miguel Figueroa, City _))~
Lilliana Falomir, Public Works Manager - Administrati
Authorize City Manager to Sign Agreement of Professional Services with Bender Rosenthal, Inc. for Right-of-Way
Acquisition and Appra isal Services for Weakley Street
Improvement Federal Project No.: CML-5168(032).
------------------------------------------------------------------ ------------------------------------------------------------------ Recommendation:
Authorize City Manager to sign agreement of professional services with Bender Rosenthal, Inc. for Right-of-Way Acquisition and Appraisal Services for Weakley Street Improvement Federal Project No.: CML-5168(032).
Background:
The City of Calexico Public Works Department received a grant from California Department of Transportation (Caltrans) under Congestions Mitigation & Air Quality (CMAQ) Program for 2020-2021 in the amount of $464,000.00 for Federal Project No.
CML-5168(032) Weakley Street Improvements. The City requested funding to construct Weakley Street between Scaroni Road and Portico Boulevard. The project will include installation of new 3" AC pavement over 12" Class 11 base and 12" of compacted subgrade on Weakley Street between Scaroni Road and Portico Boulevard. New 6" PCC curb and gutter will also be installed. The ultimate pavement width will be 50' from face of curb to face of curb to face of curb. The total improved length is approximately 615'. Additional right-of-way will be acquired as part of the project. New utility services connections will also be installed.
Discussion & Analysis:
On November 9, 2021, the Public Works Department requested proposals from qualified individuals or firms to provide right-of-way appraisal and acquisition services for Weakley Street Improvement Project. On November 30, 2021, the Office of the City Clerk received one (1) proposal:
1. Bender Rosenthal, Inc.
AGENDA
ITEM
After reviewing Bender Rosenthal, Inc. proposal, Public Works staff found that Bender Rosenthal, Inc. meets all required guidelines and are the only responsible bidder. For this reason, Public Works Staff is requesting that the City Council of the City of Calexico authorize the City Manager to sign agreement of professional services with Bender Rosenthal, Inc. for Right-of-Way Acquisition and Appraisal Services for Weakley Street Improvement Federal Project No.: CML-5168(032).
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2021-2022 Federal Grant - Department of Transportation
Local Match - SB-1
Total
Coordinated With :
City Manager's Office.
Public Works Department.
Office of the City Clerk.
Attachment(s):
$58,521.87
$7,582.13
$66, 104.00
1. Agreement of Professional Services between the City of Calexico and Bender Rosenthal, Inc.
2. Request for Proposals for Right-of-Way Acquisition and Appraisal Services for Weakley Street Improvement Federal Project No.: CML-5168(032).
ATTACHMENT #1
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 19111 day of January, 2022, by and between the City of Calexico ("City") and Bender Rosenthal, Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, ce1iification and knowledge to provide the services described in this Agreement on the te1ms and conditions described herein.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Perfo1mance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than December 31, 2022. Time is of the essence for every provision of this agreement that states a time for performance and for every deadline imposed by the City.
3. Compensation. Compensation to be paid to Consultant shall be as set fo1ih in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to the City describing the work performed during the preceding month. Consultant's bills shall be broken out by the four major tasks described in Exhibit Band shall include the amount earned for each task as a percent complete, the amount previously billed, and the resulting amount due.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the prope1iy of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without fuiiher compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such rep01is, plans, studies, documents and other writings to City upon written request.
6 Independent Contractor. It is understood that Consultant, in the perf01mance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real prope1iy and shall not acquire any interest, direct or indirect, in the area covered by and during this Agreement or any other source of income, interest in real prope1iy or investment which would be affected in any manner or degree by the perfo1mance of Consultant's services hereunder. Consultant fmiher covenants and represents that in the performance of its duties hereunder no person having any such interest shall perfo1m any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Ref01m Act because Consultant:
a. will conduct research and anive at conclusions with respect to his/her rendition of info1mation, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of info1mation, advice, recommendation or counsel. (FPPC Reg. 18700( a)(2).)
8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perf01m the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perfo1m all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnification. To the fullest extent pe1mitted by law, the Consultant shall indemnify and hold haimless the City and its representatives, officers, directors, officials, and employees from and against any claims, direct damages, losses, and expenses (including, but not limited, to reasonable attorneys' fees, comi costs, and the costs of appellate proceedings) resulting from or caused by the Consultant's negligent acts, enors, mistakes or omissions wrongful acts or willful misconduct in the performance of services under this Agreement. The Consultant's duty to hold hai·mless and indemnity the City shall arise in connection with any claim, direct damage, loss or expense that is attributable to bodily injury, sickness, disease, death or injury to any person, or impai1ment or destruction of property, including loss of use resulting therefrom, caused by any negligent act, enor, mistake, or omission wrongful act or willful misconduct in the perfo1mance of the Consultant's services under this Agreement, including those by any person for whose negligent acts, errors, mistakes, or omissions wrongful act or willful misconduct Consultant may legally be liable. The amount and type of insurance coverage requirements set fmth in this Agreement shall not limit the scope of the indemnity in this Paragraph 9.
(b) Liability of Subconsultants. It shall be the responsibility of the Consultant, to assure through contractual agreement that any independent contractor, subcontractor, or subconsultant utilized by the Consultant, shall save and hold haimless the Consultant, the City, and any of their respective representatives, officers, directors, officials, and employee who may be obligated to pay be reason of any liability imposed upon any of the above for damages arising out of, resulting from, or caused by, any negligent error, omission, act or willful misconduct of the independent contractor, subcontractor, or subconsultant.
10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thi1ty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses ai·ising from work perfmmed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the "Ce1tificate of Exemption from Workers' Compensation Insurance" which is attached hereto as Exhibit C.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance .in an amount not less than one million dollars ($1,000,000) per occunence for bodily injury, personal injury and property damage. If a commercial general liability insurance fo1m or other fmm with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be perfmmed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. m. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and prope1ty damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occunence.
iv. Enors and Omissions Liability. Consultant shall maintain enors and omissions liability insurance for all work performed under this Agreement in an amount of not less than one million dollars ($ 1,000,000). b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Calexico, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, paits or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primmy insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
ui. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. Any failure to comply with repo1ting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declai·ed to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Ce1tificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Ce1tificates of such insurance shall be filed with the City on or before commencement of perfmmance of this Agreement. CmTent ce1iification of insurance shall be kept on file with the City at all times during the term of this Agreement.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and wanants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall obtain a City of Calexico Business License.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state comi in the County of Imperial, California.
14. Written Notification. Any notice, demand, request, consent, approval or communication that either paiiy desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other paiiy at the address set fmih herein below. Either paiiy may change its address by notifying the other paiiy of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City:
If to Consultant:
City of Calexico, City Manager
608 Heber Ave.
Calexico, CA 92231
Bender Rosenthal, Inc.
750 B Street, Suite 3130
San Diego, CA 92101
15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) yems, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate perfo1mance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any paiiy authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to foim by the City Attorney.
18. Waiver. No failure on the pali of either paiiy to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that pa1iy may have hereunder.
19. Execution. This Agreement may be executed in several counterpaiis, each of which shall constitute one and the same instrument and shall become binding upon the paiiies when at least one copy hereof shall have been signed by both paiiies hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpaii.
20. Assignment and Subcontracting. The paiiies recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be pe1mitted only with the express consent of the City. Consultant shall not subcontract any p01iion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21. Te1mination. This Agreement may be te1minated by the City immediately for cause or by either patty without cause upon fifteen days' written notice of termination. Upon te1mination, Consultant shall be entitled to compensation for services perfmmed up to the effective date of te1mination.
IN WITNESS WHEREOF, the patties have caused this Agreement to be executed on the date first written above.
CITY OF CALEXICO:
Miguel Figueroa
City Manager
APPROVED AS TO FORM:
Carlos Campos
City Attorney
CONSULTANT:
ATTEST:
Gabriela Gmcia
City Clerk
EXHIBIT A
SCOPE OF SERVICES
(Dated Nov. 30, 2021)
BRI
1 IBIENDIER
IROSIENTHAl
ONCORIPORATIEID
J
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BRI
November 30, 2021
Office of the City Clerk
City Hall
City of Calexico
608 Heber Avenue
Calexico, CA 92231
IB~NI!)~~
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RE: REQUEST FOR PROPOSALS FOR RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES WEAKLEY STREET IMPROVEMENT PROJECT - FEDERAL PROJECT NO.: CML-5168(032) Thank you for the opportunity to submit a proposal to the City of Calexico (City) to provide Right of Way Acquisition and Appraisal Services for the Weakley Street Improvement Project.
Bender Rosenthal, Inc. (BR!) was founded in 1997 and is a California S Corporation that specializes in right of way project management and planning, real estate appraisal, real property acquisition, residential and business relocation, property management and land services. With a staff of over 130 employees spread over those disciplines and nearly 25 years of service delivery for public sector clients, BR! has tackled almost every conceivable real property issue and has the relevant experience to provide the City with comprehensive right of way acquisition and appraisal services.
As our proposal will demonstrate, we have significant experience in providing right of way services to government municipalities, counties, and cities. Having many former Caltrans staff, we understand the federally assisted program requirements and procedures leading to right of way certification. Currently, we are working on the Imperial County Transportation Commission (ICTC) Calexico Border Intermodal Transit Center Project in the City of Calexico, the Imperial Avenue Extension Project in the City of El Centro and the Forrester Road Bridge Widening Project in the County of Imperial. Further, we completed in 2016 for the City of Calexico turnkey right of way services for the Cesar Chavez Boulevard Improvement Project - Federal Project No. HPLVL-05168(017)i. All of these projects are indicative of our extensive local experience.
Work for this contract will be coordinated through BRI's San Diego office and Chip Willett, a 40 year right of way veteran, will be the Project Manager and Acquisition Lead. He has extensive experience managing right of way services for local transportation projects and he will be the single point of contact for this RFP process. If you have any questions regarding this proposal, please contact him by phone at (619) 359-8389 or by email at [email protected].
I, David B. Wraa, President of BR!, am authorized to execute legal documents on behalf of the company and commit the resources of the company for these services.
Respectfully,
BEN~ ; osENTHAL, INC.
David
#I~ Wraa, MAL ARA, Al-GRS
President
BRI R I G HT 0 F WAY AC 0 U IS IT I 0 N AN 0 APP RA I SAL SERVI CE S F 0 R THE WE AKLEY STREET 11~ PR 0 \1 EM EN T PR 0 JE CT PAGE I
TABLE OF CONTENTS
BRI
COVER LElTER 01
A. CONTACT INFORMATION 03
B. PROJECT UNDERSTANDING 03
SCOPE OF WORK 03
__J PROJECT SCHEDULE 06
C. QUALIFICATIONS AND EXPERIENCE 07
LICENSES AND CERTIFICATIONS 07
D. KEY PERSONNEL 09
BOARD OF DIRECTORS 10
ORGANIZATION CHART 11
E. PROJECT EXPERIENCE 12
F. EXCEPTIONS TO AGREEMENT FOR PROFESSIONAL SERVICES 15 G. ADDITIONAL DOCUMENTS 15
' J
H. CONSENT AND WAIVER FORMS 15
I. STATEMENT OF CAPACITY AND EXPERIENCE 15
APPENDIX 16
KEY PERSONNEL RESUMES 17
REQUIRED FORMS 22
BRI RIGHT OF WA\' ACOUISITION AN O APPRA IS AL SERVIC ES FOR TH E WEl\KLEY STR EET IMPROVEMEN T PRO JECT PAGE 2 A. CONTACT INFORMATION
FIRM INFORMATION & CONTACT
Bender Rosenthal Inc. (BRI)
750 B Street, Suite 3130
San Diego, California 92101
(619} 359-8389
Chip Willett, CA RE Broker - 00922802
Vice President, Southern California Project Delivery
[email protected]
(619) 359-8389
B. PROJECT UNDERSTANDING
PROJECT UNDERSTAND IN G
The Weakley Street Improvement Project will consist of the installation of conventional asphalt concrete leveling course, the installation of curb, gutter and sidewall<, traffic striping, utility adjustments and traffic control. The project will impact four (4) privately owned parcels, APNs 058-020-013, 058-020-024, 058-020-008 and 058-030-052. We anticipate that the acquisitions will be for roadway easements to :---1 complete the widened roadway sections and, possibly, temporary construction easements. Based on aerial photographs, we are assuming that no improvements will be impacted by the project, although there is a billboard on the 058-020-008 parcel that appears to be close to the edge of the widening and might need to be moved. In this instance, if moving it to another point on the property is allowed by the City, it should not be a major expense.
PROJECT APPROACH
For property owners, there is little to no distinction between the City and BRI. A BRI Appraiser is often one of the first faces property owners associate with any given project. For the Weakley Street Improvement Project, BR! will implement a successful plan from appraisal through acquisition that engages the property owners in a meaningful way and sets the project off in a positive direction. Starting the process with a positive message, a clear plan, and robust, transparent communication not only sets the tone for the process but builds trust with the affected property owners as BRI moves through the acquisition process. =1 To assist in building trust all BRI agents working on this project, both acquisition and relocation will be fluent in both English and Spanish. Early identification of potential obstacles and a better understanding of the property owner's concerns will allow BRI to work with the project team to find an acceptable solution for the property owner, but more importantly, serve the City and accelerate the project schedule.
I
. I
SCOPE OF WORK
PROJECT MANAGEMENT
Project Management identifies, manages, and controls quality. It is the cornerstone to successful project delivery. BRI Project Manager Chip Willett will be responsible for guiding the team successfully forward and developing workable solutions to complicated problems. Chip is a California Real Estate Broker and has over 40 years of right of way related experience. BR! has tailored a strategy for maintaining the City's schedule and project goals, while providing integrity to the right of way process.
BRI RIGHT OF WAY ACQUISIT IO N ANO AP PRA ISAL SERV ICES FOR THE WEAK LEY STREET IMPROVEMENT PROJECT PAGE 3 B. PROJECT UNDERSTANDING
PROJECT INITIATION
Upon award, Chip will discuss the expectations with the City's Project Manager to define a common understanding about project details, critical issues and processes, and roles and responsibilities associated with right of way activities. Critical matters include defining specific document templates and language, preparation and review responsibilities, legal reviews, communication flows, and contract signatories.
TASK I: REAL PROPERTY APPRAISER
BRI will develop four (4) complete appraisals of the estimated fair market value of the required property rights. The Appraisals will be a narrative or restricted report (at the discretion of the City) that will be prepared in conformance with and subject to the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute, which fully incorporate the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation, requirements related to the Uniform Relocation Assistance and Real Property Acquisition Act and state and federal statutes. Plats and Legal Descriptions of the individual rights required for each of the properties to be appraised will be provided to BRI by the City.
TASK 2: REVIEW APPRAISER
As federal funding is involved, a review appraisal will be required which will be completed by an independent reviewer. BRI has enlisted the expertise of the Santolucito Dore Group to complete a review of both the subject parcels and the comparable properties. As a team, we are judicious about developing a product that is research based, analytical and impartial.
Upon completion of the review, the appraisal and a USPAP Standard 3 and 4 compliant review report will be delivered to the City. BRI will work with the City's Project Manager and City Staff to prepare a report to City Council regarding fair market value and proposed offer for the subject property. As this Project is subject to Caltrans oversight, BRI will assist in the review of the Appraisal and Review by Caltrans appraisal staff and facilitate making any changes requested in the four (4) documents.
TASK 3: ACQUISITION SPECIALIST
Upon Approval to Proceed from the City, BRI staff will prepare and deliver the first written offer (FWO) to the owner. Each offer package will be reviewed internally for quality measures. BRI will meet with the owner and convey documents up to six (6) times in the first sixty (60) days until acceptance or impasse is reached. If accepted, BRI will process all required documents for signature by the owner and City, deliver to escrow, and work with escrow through closing. Upon successful close of escrow, BRI will prepare a final report, including transfer of all pertinent correspondence, files, and documents to the City.
TASK 4: RELOCATION SPECIALIST
Though not anticipated for this project, where there is business or residential relocation involved, BRI will initiate the relocation process concurrently with the appraisal inspection. The BRI relocation team will work closely with the displaced owners to understand their specific needs and will strive to relocate them to a like-kind property. Our relocation agents are fully versed in the relocation steps outlined in the Uniform Act and the decent, safe, and sanitary requirements of the Act. All relocations will meet the stringent State and Federal Uniform Act requirements while maintaining a schedule that will enable the launch of construction as planned.
BRI R I G HT 0 F WAY AC 0 U IS ITI 0 N AN 0 AP PRAISAL SERVI CE S F 0 R THE WE A 11 l E Y STREET I MP R 0 \IE M EN T PR 0 J EC T PAGE 4 B. PROJECT UNDERSTANDING
TASK 5: CONDEMNATION SUPPORT SERVICES
Although most acquisitions are settled without legal process, BR! understands condemnation proceedings and the legal issues facing both the City and property owners. Prior to the beginning of Eminent Domain proceedings, BR! will be responsible for identifying and notifying the City of the potential for impasse, providing supporting documentation as well as possible strategies that could result in resolution. This additional step is to resolve as many issues as possible prior to escalating the acquisition to a legal status. BR! can also support the City staff by preparing staff reports and presentations to decision makers as needed. Our appraisers are qualified and available to provide expert testimony during any court or administrative proceedings as an additional service.
TASK 6: UTILITY COORDINATION SUPPORT SERVICES
If required, BR! will address conflicting public and private utility owners that occupy the right of way within the project area. Tasks for utility coordination typically begin at project inception and continue through Right of Way Certification and final closeout/acceptance. These tasks would potentially include initial conflict assessment and analysis, liability determination, preparation of notices to owners, utility agreements, reports of investigations, replacement easement documents, joint use agreements, and consent to common use agreements. Additionally, BR! will maintain a Utility Correspondence Diary and if it is determined that utility relocation is required, BR! will engage one of our qualified subconsultants and coordinate relocation schedules for timely completion.
ADDITIONAL TASKS
TITLE AND ESCROW SERVICES
BRI will provide escrow and title support to the City. We find that escrow and title companies are much more responsive with our direct involvement, as a public acquisition is typically a smaller dollar volume and requires just as much documentation as closing a single-family residence. Dolores Vera will be lead title/escrow coordinator. To provide the City with additional expertise, BRI is also collaborating with Commonwealth Title. Having worked closely together for the last five years on multiple projects, the Commonwealth/BR! team have the experience required to clear complex title matters.
PROJECT GERTI Fl CATI 0 N
Right of Way Certification coordination will be handled by Mike Lahodny. Prior to joining BR!, Mike worked for 35 years as the Caltrans Assistant Right of Way Chief for North and Central Regions overseeing Right of Way delivery for Districts 1, 2, 3, 9 and 10. Note that BRI's San Diego office is within ten (10) minutes of Caltrans District 11 offices and BRI's Project Manager has a long-standing relationship with District Us Deputy District Director for Right of Way, Chris Schmidt.
Under the City's supervision, BR! is available to:
Identify any special issues that are likely to be encountered and how they will be addressed.
Respond to any questions regarding right of way certification.
Assure that all documents including mapping, legal descriptions, deeds, and purchase agreements comply with the Caltrans standards.
BRI RIGHT OF WAY ACOUISITIOli ANO APP RAISAL SERVICES FO R THE WEAl\LEY STREET IM PROVEME NT PROJECT PAGE 5
PROJECT SCHEDULE
Time is essential and BRI's final project schedule shall firmly conform to the City deadlines and support the construction bidding timeline. BRI has prepared a draft Project Schedule based on the assumption that the project is to commence after notice of award on December 27, 2021 and is expected to be completed as expeditiously as possible. BRI understands that it is anticipated that bid advertising for the actual construction of this project will take place in 2022.
Below are projected dates of completion for project milestones based upon the activities in the scope and an accurate reflection of the required time frame to successfully complete the project.
I
'
'
RIGHT OF
WAY TASK
Notice to
Proceed
Right of Way
Management
Title & Escrow
Services
Appraisal
I
Appraisal
Review
Acquisition
Condemnation
Support
Utility
Coordination
Relocation
Assistance I
Project
Certification I
RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES
WEAKLEY STREET IMPROVEMENT PROJECT
1111
11111111111 I lllll~~:iZ:llllll
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BRI RIGHT OF WAY ACQUIS ITION ANO APPRAISAL SERVICES FOR THE WEAl<LEY STREET IMPROVEMENT PROJECT I
PAGE 6
C. QUALIFICATIONS AND EXPERIENCE
QUALIFICATIONS AND EXPERIENCE
By working with our local agency partners throughout the State on State and Federally funded projects, we have learned the best techniques to deliver right of way under Federal guidelines. Furthermore, having worked extensively on projects within multiple Caltrans Districts, metropolitan transportation organizations, local agencies, and developers, BRI is thoroughly familiar with public agency procedures and protocol governing approval of property sales and document processing. Having many former Caltrans staff, BRI understands Caltrans' requirements, goals, and objectives, which have assisted in the successful delivery of many public infrastructure projects with Caltrans oversight. This experience will assist the City in delivery of the Weakley Street Improvement Project. j..0 3 - TRANSPORTAT ION PROJECTS COMPLETEO OR IN PROGRESS 2, _, 5 00 - APPRAISALS COMPLETED FOR PUBLIC AGE NCIES
3 0 - CALTRA NS RIGHT OF WAY CERTIFICAT IONS CO MPLETED AND APPRO VED Additional qualifications and experience can be found in Section E, beginning on page 12.
LICENSING AND CREDENTIALS
BRI affirms that each person shown in the proposal has the license(s) appropriate to and required for the function they will be performing. We have provided copies all California Appraiser Licenses and Certificates as well as Key Staff and Subconsultant licensing in the following pages. ute of Qlulifurniu Ocputmrnt o( Rn l Esti\lc
Real Estnt e Broker License
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BRI RIGHT OF WAY ACOUIS ITION ANO APPRAISAL SERVICES FOR TH E WEAKL EY STRE ET IM PR OVE MEN T PROJE CT PAGE 7 i
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BRI RIGHT OF WAY ACOUISITION ANO APP RA ISA L SERVICES FOR THE WEAJ<LEY STREET IMP ROVEMENT PROJECT PAGE B -,
- I
D. KEY PERSONNEL
KEY PERSONNEL
Chip Willett, California Real Estate Broker, Vice President - Project Manager I Acquisition Lead Chip has over 40 years of right of way related experience and an extensive 4 6 YEARS OF understanding of all aspects of right of way project delivery. He brings specifi c, local EXPERIENCE knowledge of the geographic areas affected, and how right of way and construction support tit into the overall project delivery process. He has also forged valuable relationships and an understanding of local agencies and has worked on over 300 projects in Imperial and San Diego Counties. Chip is currently the Proj ect Manager for the Calexico Border Intermodal Transportation Center Project and the Imperial Avenue Extension Project. With a sharp eye towards the best outcomes for both the project and the community, Chip will oversee the BRI team in providing services that will exceed the City's expectations.
Dolores Vera - Project Coordinator
Dolores provides project coordination and escrow support for a variety of transportation 8 YEARS OF projects requiring acquisition. She coordinates between clients, project managers, escrow EXPERIENCE officers, agents, and property owners. Dolores communicates project updates and manages agents to ensure tasks are completed on schedule and per client expectations.
She tracks project budgets and determines variances and delivers summary reports, processes escrow, and assists with closing transactions. Dolores ensures that all Southern California BRI projects are on target to meet the specified completion dates, both tracking what is inhibiting the projects from proceeding as well as isolating areas of achievement and monitoring project milestones.
David Houghton, MAI - Lead Appraiser
A California Licensed General Real Estate Appraiser with the MAI designation, Dave 15 YEARS OF has over 15 years of appraisal experience, including appraisal of vacant, agricultural, EXPERIENCE residential, commercial, and industrial properties. While most people believe that an appraisal is an appraisal, he understands that if the appraisals are compromised due to lack of team involvement, the integrity and trust of the entire acquisition process is compromised. Dave will ensure that BRI's appraisal deliverables utilize appropriate methodology and comply with applicable laws. With right of way appraisals constituting most of Dave's appraisal work, the City will have objective work products that are research based, analytical and impartial.
Mike Lahodny - Caltrans Coordination I Right of Way Certification Mike is a right of way specialist with over 46 years of experience. Prior to joining BRI, 49 YEARS OF Mike worked for the California Department of Transportation (Caltrans) for 35 years in EXPERIENCE the Right of Way Division. He served as the Caltrans Assistant Right of Way Chief for North and Central Regions overseeing Right of Way delivery for Districts 1, 2, 3, 9 and 10.
He has an in-depth knowledge of the legal aspects, development and administration of the Uniform Act and Right of Way process and procedures; and understands the pressing issues facing the delivery of small and large Right of Way intensive projects.
SRI RIGHT OF WAY ACQ UI SIT ION ANO APPRA ISAL SERV ICES FOR THE WEli KLEY STREET IMPROVEMENT PROJEGr PAGE g . .l
0. KEY PERSONNEL
SUBGO NSULTANTS
Commonwealth Land Title Company (Commonwealth) - Title and Escrow Services ,. Commonwealth's commitment to quality service and focus on customer '
• Commonwealth satisfaction has allowed them to provide a broad spectrum of title and • '•
110 rm• 11•su••11 c• coM•• uv escrow solutions. With nearly 20 years in the government agency, utility and right of way industry, their team is grounded in all facets of real-estate transactions and will handle all title and escrow needs. They are currently working with various City and County agencies throughout Southern California on projects ranging from street widening and easement relocations to infill, grade separations, large freeway expansions and powerline transmission projects.
BRI and Commonwealth have collaborated on numerous projects in Southern California, the most recent being Southern California Edison's Valley Ivy Glen Subtransmission Project as well as the Metro Gold Line Foothill Extension.
Santolucito Dore Group (SD Group) - Appraisal Reviews
, The SD Group produces defensible appraisal deliverables that allow R1. t"_P T __19_ cLU .. C_ ITO DORE _ _ . for multi-agency reviews, approvals, and funding for budgeting, right REAL EST A TE S ER V ICE S of way acquisition, excess property disposition, and bond financing.
Their professionals are also extremely knowledgeable about the eminent domain process and performed hundreds of full and partial acquisition appraisals and appraisal reviews for right of way projects for public agency clients. Furthermore, with years of project experience in San Diego and Imperial Counties, the SD Group is very familiar with the project area and have developed an extensive database of comparable properties. SD Group is certified DBE, SB, SBE and WBE.
The SD Group is on BRJ's team for all our Southern California On-Call contracts, including for the San Bernardino County Transportation Authority and San Diego Association of Governments. Currently, we are also collaborating on the Valley Ivy Glen Subtransmission project for Southern California Edison and the Inglewood Transit Connector Project, uniting the Metro Crenshaw/LAX Line directly to the City of Inglewood's major activity centers.
Key personnel resumes are provided in the Appendix, beginning on page 16.
BRI BOARD OF DIRECTORS
Cydney Bender Reents
• David Wraa
Renee Baur
Katie Eastham
• Linda Clifford
BRI RIGHT OF WA\' ACO UISITION ANO APPRAISAL SERVICES FOR THE WEAl<LEY STREET IMPROVEMEN T PR OJECT PAGE I 0 J
- I
• J
ORGANIZATIONAL TEAM CHART
e KEY BRI STAFF
e PROJECT MANAGEMENT
SUPPORT
e OTHER BRI STAFF
e SUBCONSULTANTS
David Houghton, MAI
Lead Appraiser
APPRAISAL TEAM INCLUDES:
Certified General
Real Estate Appraisers (8)
Designated Member of the
Appraisal
Institute. MAI (4)
Appraisal Institute General
Review Specialist (Al-GRS)
Designations (2)
Accredited Rural
Appraiser (ARA) Designation (1)
Certified Commercial
Investment Member (CCIM)
Designation (1)
~
APPRAISAL REVIEW SERVICES
Dolores Vera
Project Coordinator
Kathrina Barajas
Project Coordinator
TITLE AND CLOSING SERVICES
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ACQUISITION TEAM INCLUDES:
CA Real Estate Brokers (6)
CA Real Estate Salespeople (23)
Senior Right of Way (SR/WA)
Designations (4)
Right of Way Negotiation &
Acquisition Designations (2)
Right of Way Agent
Designation (5)
Project Management
Professionals (4)
Mike Lahodny,
Right of Way Specialist
Ca/trans Coordination
BRI RIGHT OF WAY AGOUIS ITION AND APPRA ISAL SERVICES FDR THE WEAHEY STREET IM PROVEMENT PROJECT PAGE 11 CC)
E. PROJECT EXPERIENCE
RECENT EXPERIENCE
The BRI team of experts has delivered projects for both public and private clients for nearly 25 years, providing appraisal and right of way services for projects such as roadways, interchanges, rail lines, electrical transmission lines, pipelines, levees, and major commercial developments. All staff assigned to provide services for the City have provided similar services for public sector clients. With many former Caltrans employees on BRI's staff, we are also very experienced with Caltrans standards. We bring the best of two worlds: An understanding of Caltrans' process and culture, with the ability to work fluidly and efficiently while maintaining a mutual respect for the project.
BRI has completed numerous projects in Imperial County and is currently providing right of way services for the Calexico Border Intermodal Transportation Center, the Imperial Avenue Extension Project and the Forrester Road Bridge Project. In addition, BRI previously completed right of way services for the Cesar Chavez Boulevard Improvement Project as well as appraisals of properties being affected by the Anza Road Realignment and Widening Project, both for the City of Calexico.
We have summarized the services provided for the following projects to highlight similar services required for the City, followed by BRI representative projects and corresponding firm references. ~ >- :z :s:: :z :z :z <CO _, :z 0 :z 0 0 ~ ... :s::;::::: <C~ o~ a::~ o~ -~ u~ VI 0:: -a:: u a:: - a:: ~a:: >-;::::: ..... <C !::o ~o PROJECT Ww o~ -o VI 0 ~o ~<C ...., 1.:1 <C 0.. VI 0.. w 0.. <C 0.. -:z
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City of Calexico Cesar Chavez x x x x x x x Boulevard Improvement Project City of San Diego Friars Road x x x x x x x Interchange Modification Project City of San Diego Otay x x x x x x Truck Route Project
City of Ontario Mountain Holt I Grove x x x x x x x Holt Boulevard Intersection Widening San Diego Association of Governments x x x x x x x x Mid-Coast Corridor Transit Project City of Santee x x x x x x x Prospect Avenue Widening Project BRI RIG HT OF WAY ACOUISIT ION ANO APPRAISAL SERVICE S FO R THE WEAl(LEY STREET ll~P ROVEMEIH PROJECT PAGE 12 j
. J
PROJECT I
0 CLIENT
City of Calexico
8 PROJECT DATES
2014 - 2016
e KEV STAFF
David Wraa
Mike Lahodny
Nicole Cornell
• REFERENCE
Lilliana "Lily" Falomir,
Public Works Manager
608 Heber Avenue
Calexico, CA 92231
(760) 768-2160
[email protected]
PROJECT 2
0 CLIENT
Imperial County Transportation
Commission (ICTC) I PSOMAS I
Nossa man
8 PROJECT DATES
2018 - Present
KEY STAFF
Chip Willett
David Houghton
• REFERENCE
Mark Baza, Executive Director
Imperial County Transportation
Commission (ICTC)
1503 N. Imperial Ave., Su ite 104
El Centro, CA 92243
(760) 592-4494
[email protected]
Cesar Chavez Boulevard
Improvement Project
This project involved the removal,
reconstruction, and widening of
Cesar Chavez Boulevard between
State Hwy 98 and Second Street. The
project was designed to both improve
mobility across route 98 as well as
insure that the severely deteriorated
road structure was brought up
to AASHTO safety requirement
standards. It is vital precursor to the
West Land Port of Entry Expansion
Project along the United States'
border with Mexico. BR! provided
turn-key right of way services
including appraisal, acquisition,
relocation, project management, and
appraisal expert witness services.
This project demonstrates BRI's
capabilities to provide turn-key
services in a fully built-out, urban
environment. Uses in the area
consisted of industrial, commercial,
Calexico Border Intermodal
Transit Center Project
This project proposes to reconfigure
and expand the existing Land Port of
Entry (POE) in downtown Calexico.
This POE is the busiest POE in
Imperial County and second busiest
across the California/Mexico border
for auto and pedestrian activity. The
absence of a comprehensive mobility
system, short pedestrian friendly
routes, and an inter-modal facility has
negatively affected circulation and
business development in the City of
Calexico's downtown business
district and the greater Imperial
Valley region. The project involves
construction of a transit center
on three (3) properties in the City
of Calexico, one privately owned
and two (2) owned by the City.
BR! will assist the Imperial County
Transportation Commission (ICTC)
in the preparation and approval of
and residential properties affected
by partial acquisitions. The BR!
Team completed sixteen (16)
appraisal reports for the acquisition
of fee, permanent easement, and
temporary construction easements
along Cesar Chavez Boulevard. BR!
also provided acquisition services
and relocation services for several
affected businesses. BRI's bi-lingual
staff was crucial to creating positive
interactions with the property owners
and tenants impacted by this project.
the environmental document for the
project by obtaining rights of entry
for testing on the properties involved,
attending public meetings, and
providing right of way cost estimates
which will include business relocation
costs. Additionally, BR! is attending
individual meetings with property
owners, and will work with the
design team to create a right of way
footprint that will achieve the design
goals of ICTC and minimize impacts
on adjacent property owners.
BRI RIG Hi OF WAY COUISI IOI~ AND APP RA ISAL SEnVICES FOR THE WEA KLEY STREEi llVi PRO\IEMEIH PRO JE CT PAGE 13 PROJECT 3
0 CLIENT
City of El Centro
PROJECT OATES
2019 - Present
KEY STArF
Chip Willett
David Houghton
Doleres Vera
• REFERENCE
Abraham Campos, P. E. City
Engineer I Public Works Director
1275 W. Main Street
El Centro, Ca 92243
(760) 337-5182
[email protected]
PROJECT 4
0 CLIENT
City of San Diego I Parsons
Corporation
PROJECT DATES
2017 - 2019
KEY STAFF
Chip Willett
Nicole Cornell
• REFERENCE
Barry Slotten, SR/WA
Project Manager
1200 Third Avenue, Suite 1700
San Diego, CA 92101
(619) 236-6724
[email protected]
Imperial Avenue Extension
Project STPL-5169(049)
The 1-8/Imperial Avenue interchange
project is comprised of two separate
segments, with Caltrans undertaking
the reconstruction of the Imperial
Avenue interchange, while the City
of El Centro was responsible for the
expansion of Imperial Avenue south
of the freeway to McCabe Road.
The interchange project was under
construction when BR! began the
acquisition process for the City, which
involved four properties. The City
portion required acquisition of rights
of way to allow for roadway and
utility relocations. Utilities relocated
included an Imperial Irrigation District
(IID) drain, an IID canal and a major
IID power transmission line. Two of
the properties involved were being
used for agriculture, one was vacant,
and one was owned by the Imperial
Irrigation District. Portions of the
Otay Truck Route Project
The Otay Mesa Truck Route Project
is a significant piece of infrastructure
that will help improve the flow of
cross-border commerce and relieve
traffic congestion at one of the
nation's busiest border crossings.
BR! provided design review, project
management, acquisition and
condemnation support services, as
well as liaison with the San Diego
City Council. There were six (6)
properties affected by partial takes for
roadway and temporary construction
easements, and one (1) required
eminent domain. For properties with
the potential for condemnation,
BR! offers a unique perspective of
the pre-condemnation phase that
allows BR! to identify and manage
contingencies early in the process,
reducing the risks of litigation and
leading to more efficient and effective
project delivery. This additional step
vacant property were condemned
by Caltrans for the Interchange.
Because of that, the City's attorney
felt it was necessary for them to start
the Condemnation process as soon
as possible for this owner, which BR!
did after initial negotiations were
unsuccessful. The City and BR! were
able to settle with the other two
private property owners and assure
these owners that the project did not
adversely impact crops and actually
improved access to irrigation water.
is to resolve as many issues prior to
escalating the acquisition to a legal
status as well as provide background
and analysis to the options to be
considered. The biggest challenge
discovered was that one of the
buildings impacted is leased by
General Dynamics who are under
contract to the U. S. Navy, resulting in
the property being subject to federal
security requirements. There were
significant challenges to keep the
property secure during construction.
BRI CITY OF El CE NTRO - RI GHT OF WAY SUPP ORT SERVICES FOR THE IMPER IA L AVE ~' E EXTEN SION PROJEC T PAGE 14 F. EXCEPTIONS TD AGREEMENT FOR
PROFESSIONAL SERVICES
BR! has thoroughly reviewed the terms and conditions as specified in Attachment C to this RFP and certify that we will enter into the agreement without alterations.
G. ADDITIONAL DOCUMENTS
BR! has not provided any additional documents aside from Key Staff Resumes.
H. CONSENT AND WAIVER FORMS
If requested, BR! will provide consent and waiver forms permitting the City to obtain personal employment and professional qualification information about those who may perform services under this contract from third parties and releasing third parties from all liability for disclosing such information to the City.
I. STATEMENT OF CAPACITY AND EXPERIENCE
To date, BR! has participated in sixteen (16) different expert testimony cases for public agencies and private parties for a variety of reasons, some of which resulted in testimony, others of which included a deposition or a case settlement prior to testifying. An expert must have a full understanding of all appraisal standards and laws that apply to each appraisal assignment and employ proper methodology or risk being disqualified as an expert and leaving the client in an unfavorable situation mid-case. We take pride in our work and have the highest standards in the industry for our process and internal quality controls. Our appraisal staff is also highly involved in various professional organizations such as the Appraisal Institute, International Right of Way Association (IRWA), Association of Farm Managers and Rural Appraisers, which helps to make us aware of any changes that may impact statutes and regulations. If required, BR! has the knowledge and capacity to represent the City in court proceedings relating to appraisals for the City.
BRI RIGHT OF WAY AGOUISITION ANO APPRAISAL SERVICES FOR THE WEAl(LEY STREET IMP RO VEMENT PR OJECT PAGE 15