Agreements for Professional Services to perform As-Needed Professional R... Page 282 of 1755 TYLER KELLEHER, RWA | SENIOR RIGHT OF WAY AGENT
Murrieta Hot Springs Road Improvements Project (CIP No. 8079), City of Murrieta, CA: The project widens Murrieta Hot Springs Road from a 4-lane roadway to a 6-lane roadway between Via Princesa and Winchester Road, and restriped from a 4-lane roadway to a 6-lane roadway between Margarita Road and Via Princesa. In addition to the roadway widening, this project will also construct bike lanes, curb access ramps, a curbed median, gutters, catch basins, storm drains, and sidewalks along most of the alignment and both sides of the roadway. Tyler supported the right of way acquisition tasks on behalf of the City to obtain partial rights to 12 property interests—including one HOA—impacted by the project. Tyler’s tasks included title examination, appraisal valuations, offer package preparation, negotiations with property owners, and escrow coordination to obtain the final deeds.
Mount Vernon Avenue Viaduct over BNSF Intermodal Yard Replacement Program/Construction Management (PCM), San Bernardino County Transportation Authority (SCBTA), San Bernardino, CA: The Mount Vernon Viaduct over BNSF Intermodal Yard Replacement is a $230 million Design-Build project involving the demolition of the existing viaduct over the BNSF Intermodal Yard in the City of San Bernardino and construction of a new bridge over 1,000’ in length. Funding sources and stakeholders include FHWA Highway Bridge Program (HBP), Caltrans, and BNSF Railway. Tyler performed title and escrow coordination and prepared offer packages for the EPIC agent team to acquire over 40 property interests implicated in this project. Tyler also supported the relocation assistance program for over 50 residential displacements and property management services for vacated properties.
State Route 60 at Archibald Avenue Interchange Improvements, SBCTA, Ontario, CA: For this road widening and freeway access improvement project, Tyler coordinated title and escrow for temporary easements and permanent in-fee rights acquisitions from six (6) commercial properties impacted by project improvements. This project was awarded to EPIC under the right of way services on-call contract with SBCTA. The project will be built with state and local (including Measure I) funding. Measure I is the ½ center sales tax collected through San Bernardino County for transportation improvements. Voters first approved the measure in 1989, and overwhelmingly its extension in 2004 with more than 80% voting to extend the measure through 2040.
State Route 60 at Central Avenue Interchange Project, SBCTA, Chino, CA: In cooperation with Caltrans and the City of Chino, SBCTA is constructing improvements to the SR-60/Central Avenue Interchange in Chino to ease area traffic congestion and improve safety. Tyler supported right of way tasks to obtain partial takes, temporary construction easements, and slope easements from seven properties affected including two San Bernardino County Flood Control District parcels, two restaurants, two gas stations and a motel. Tyler’s tasks included title and escrow coordination, offer package preparation, and Caltrans Right of Way Certification support.
US-395 Widening Phase I, SBCTA, Adelanto and Victorville, CA: Tyler supported the Right of Way Certification phase for this federally funded and Caltrans on-system highway widening project which was awarded “2020 Project of the Year” by the Women’s Transportation Seminar (WTS) Inland Empire Chapter. Over 60 private property interests, multiple billboards, and 200 utility facilities were impacted by the widening project. Tyler performed title and escrow and supported the documentation organization and filing of the Caltrans Right of Way Certification for ontime construction. Funding is provided by federal, state, and local sources including approximately $18 million in county Measure I funds and $13.37 million in FHWA Surface Transportation Program (STP) funds.
West Valley Connector Bus Rapid Transit (BRT) Project, SBCTA, Montclair and Ontario, CA: In 2021, EPIC was selected by SBCTA to perform Right of Way services for this new BRT corridor to improve OmniTrans service in the communities of Pomona, Montclair, Upland, Ontario, and Rancho Cucamonga. Tyler is performing title and escrow coordination and offer package preparation for up to 56 property rights acquisition files involving 53 unique property owners. Due to the dedicated bus lane design in this section, 10 of the 56 parcels will be acquired as full takes and resulting in 25 relocation assistance cases (consisting of 17 businesses and 8 residential displacements).
Property types included commercial retail suits, motels, restaurant franchises with vehicle drive-thru access, gas stations, and auto repair and auto dealers. Due to Federal Transit Administration (FTA) funding for this project, Tyler is performing right of way tasks in accordance with the Uniform Act and California Government Code Title 1 and Title 25.
Agreements for Professional Services to perform As-Needed Professional R... Page 283 of 1755 State of California
Department of Real Estate
Real Estate Salesperson License
Tyler Leann Kelleher
BROKER AFFILIATION
EPIC LAND SOLUTIONS INC
2601 AIRPORT DR STE 115
TORRANCE, CA 90505
Identification Number: 02129531 Issued: April 14, 2021 Expires: April 13, 2025 Real Estate Commissioner
CHRISTINE WASFI
RIGHT OF WAY AGENT
With nine (9) years of licensed real estate agent experience before joining EPIC, Christine is a talented negotiator known for working professionally and patiently with property owners from various backgrounds to resolve conflicts and questions, reaching voluntary settlements frequently. Her recent local experience with the cities of Indian Wells, Coachella, and Palm Springs grant her in-depth understanding of the Coachella Valley real estate market. She expertly navigates real estate market research, transaction details, and documentation best practices due to her career experience at real estate agencies. As ROW Agent, Christine will provide boots-on-the-ground acquisition and relocation support, including diligent document maintenance, compassionate property owner negotiations, and coordination for the obtaining of title, appraisal, and other property information.
NOTABLE EXPERIENCE
Club Drive Complete Streets Improvements and Rehabilitation, City of Indian Wells, CA: This project impacts up to two (2) property interests on the northeast corner of Sandpiper Drive and Club Drive in the project area, south of Highway 111. EPIC as the dedicated right of way subconsultant to the design engineer is performing comprehensive right of way services, including property acquisitions of temporary construction easements (TCE), permanent sidewalk easements, and partial fee acquisitions, as determined necessary. Christine has supported the preparation of acquisition offer packages and coordinated with impacted property owners.
Avenue 50 Widening, between Calhoun and Cesar Chavez, City of Coachella, CA:
This joint project between Coachella Valley Association of Governments (CVAG) and the City of Coachella includes improvements to all signalized intersections, installation of enhanced medians, the construction of center turn lanes, and widening the roadway to include two thru lanes in both directions along the entire corridor. Christine is supporting the City in the acquisition of five (5) properties and the relocation of two (2) residential displacees impacted by the project improvements.
South Palm Canyon Drive/Indian Canyon Drive/Camino Parocela Roundabout, City of Palm Springs, CA: The City of Palm Springs is improving traffic operations and pedestrian accessibility in a new roundabout project planned for the intersection of South Palm Canyon Drive/Indian Canyon Drive/Camino Parocela. EPIC is the solesource right of way subconsultant to the design engineer on-call to the City for various traffic engineering projects. Christine is the right of way agent performing right of way acquisition tasks to acquire rights from up to 5 property interests impacted by the roadway improvements. Christine’s tasks include title examination, escrow coordination, appraisal coordination, and negotiations with property owners to acquire the rights on behalf of the City.
Inglewood Transit Connector (ITC) Project, City of Inglewood, CA: The Inglewood Transit Connector Project is a 1.6-mile (2.6 km) fully elevated, automated guideway transit system proposed in Inglewood, California that will connect the Downtown Inglewood station on the K Line of the Los Angeles Metro Rail system to the major sports and entertainment venues. Christine and the EPIC team are pre-qualified to perform on-call right of way acquisition and relocation tasks for the ITC project. For Contract Task Order #2, Christine is supporting preparation of acquisition offer packages for the five (5) non-residential tax parcels impacted.
EPIC LAND SOLUTIONS, INC.
YEARS OF EXPERIENCE
10 (1 with EPIC)
LICENSURE
Real Estate Salesperson, CA #01936746
EDUCATION
B.A., Business Administration, California
State Polytechnic University, Pomona
ASSOCIATIONS
Member, National association of
Realtors
Member, Orange County Association of
Realtors
Agreements for Professional Services to perform As-Needed Professional R... Page 285 of 1755 CHRISTINE WASFI | RIGHT OF WAY AGENT
Perris Valley Storm Drain (PVSD) Channel Trail Phase 2, City of Perris, CA: The PVSD Channel Trail Project builds nine miles of walking trails and bicycle path facilities along the PVSD channel from the north end near Harley Knox Road to the South Perris Metrolink commuter rail station south of I-215. EPIC is performing the right of way clearance tasks for Phase 2, which extends trail facilities 3.1 miles from the existing Nuevo Road terminus to the South Perris Metrolink Station. Christine finalized negotiations, property conveyance documentation, and escrow coordination to acquire permanent fee acquisitions and easements on behalf of the City. Stakeholders include an agricultural grower, Caltrans District 8, Riverside County, Riverside County Flood Control and Water Conservation District (RCFCD), and Riverside County Transportation Commission (RCTC). Due to federal funding, Christine assisted with project file close-out for Caltrans Right of Way Certification with District 8.
Mount Vernon Avenue Bridge over Union Pacific Railroad (UPRR) Widening, City of Colton, CA: The City of Colton is utilizing federal funds to widen and make structural integrity improvements to the Mount Vernon Avenue Bridge as it crosses over Union Pacific Railroad tracks. EPIC is providing acquisition services for eight (8) individual property owners impacted by the project, including Union Pacific Railroad (UPRR), City of Riverside, and Pacific Fruit Express Company. Christine is supporting acquisition negotiations and escrow coordination for Permanent Easements, Fee Acquisitions and Temporary Construction Easement (TCEs) that need to be obtained to construct the planned improvements.
Santa Gertrudis Creek Trail Phase II, Margarita Road Under Crossing, City of Temecula, CA: The City is constructing a bicycle/pedestrian multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The proposed undercrossing would improve safety at this location by removing the need for an at-grade crossing of the heavily traveled Margarita Road, which is a four-lane divided collector roadway. Christine is part of the team performing title review, appraisal oversight, acquisition negotiation, escrow services and file closeout. EPIC’s scope also includes utility coordination services and coordination with Riverside County Flood Control.
Safe Routes to Schools (SRTS) Pedestrian Improvements, City of Fontana, CA: This federally funded project constructs continuous sidewalk facilities, ADA curb ramps, marked bicycle lanes, and enhanced pedestrian crossings with marking and signage to create safe pedestrian and bicycle routes that connect to local schools. Christine’s tasks included title review, offer package preparation for the 16 impacted entities owning 18 parcels, acquisition negotiations, and escrow coordination in accordance with local and state guidelines. Due to federal aid, Christine is maintaining documentation for all acquisition files and communication diaries in accordance with Caltrans Local Assistance Procedures Manual (LAPM) and Caltrans Right of Way Manual guidelines.
Yucca Loma Elementary School SRTS Pedestrian Improvements, Town of Apple Valley, CA: This federally funded project intends to construct street widening and safety improvements including new curb and gutter facilities, continuous sidewalks, ADA curb ramps, signage and striping, and high visibility crosswalks. Christine is the right of way agent performing right of way procedures to acquire rights to five (5) property interests. Tasks include appraisal coordination, title examination, preparation of offer packages, acquisition of temporary construction easements (TCEs), preparation of grant deeds for conveyance of property rights, and escrow coordination support. In accordance with federal aid requirements, documentation is following the Caltrans Right of Way Manual and Caltrans Local Agency Procedures Manual (LAPM) guidelines for the project to obtain Caltrans Right of Way Certification at close-out.
I-10 & Mount Vernon Avenue Improvements (On-Call Right of Way Services Task Order #13), San Bernardino County Transportation Authority (SBCTA), Colton, CA: Christine is part of the team delivering professional ROW services to acquire land rights to 11 commercial and industrial properties impacted by the proposed project. Commercial uses impacted include two gas stations, two used auto sales businesses, a restaurant, and two commercial retail suites.
Christine coordinated title and escrow, appraisal services, prepared offer packages, and negotiated with property owners in accordance with guidelines set forth by Caltrans LAPM and Caltrans ROW Manual.
Agreements for Professional Services to perform As-Needed Professional R... Page 286 of 1755 1/18/23, 11:11 AM Public License Lookup - DRE
https://www2.dre.ca.gov/PublicASP/pplinfo.asp?start=1 1/1
STATE OF CALIFORNIA
DEPARTMENT OF REAL ESTATE
In reviewing a licensee's information, please be aware that license discipline information may have been removed from a licensee's record pursuant to Business & Professions Code Section 10083.2 (c). However, discipline information may be available from the California Department of Real Estate upon submittal of a request, or by calling the Department's public information line at 1-877-373-4542.
The license information shown below represents public information. It will not reflect pending licensing changes which are being reviewed for subsequent updating. Although the business and mailing addresses of real estate licensees are included, this information is not intended for mass mailing purposes.
Some historical disciplinary action documents may not be in compliance with certain accessibility functions. For assistance with these documents, please contact the Department's Licensing Flag Section.
License information taken from records of the Department of Real Estate on 1/18/2023 11:11:03 AM License Type: SALESPERSON
Name: Wasfi, Christine
Mailing Address: 270 OLDENBURG LN
NORCO, CA 92860
License ID: 01936746
Expiration Date: 10/10/25
License Status: LICENSED
Salesperson License Issued: 10/08/13
Former Name(s): NO FORMER NAMES
Responsible Broker: License ID: 01053106
Rafla, Esis Daoud
16171 TOMAS LN
HUNTINGTON BEACH, CA 92649
Former Responsible Broker: License ID: 01053106
Rafla, Esis Daoud
From 02/14/2019 to 10/07/2021
License ID: 01053106
Rafla, Esis Daoud
From 09/30/2014 to 09/11/2018
Comment: NO DISCIPLINARY ACTION
NO OTHER PUBLIC COMMENTS
>>>> Public information request complete <<<<
Agreements for Professional Services to perform As-Needed Professional R... Page 287 of 1755
VIVIAN LANZAORELLANA
DOCUMENT SPECIALIST
With more than 9 years of experience supporting management and operation teams within demanding work environments, Vivian is a reliable and friendly administrative professional focused on delivering and optimizing documentation processes. She is a veteran of the United State Navy where she served over five years as an Aviation Electronics Technician Level E-5 and received numerous honors including the Armed Forces Expeditionary Medal, Meritorious Unit Commendation, National Defense Service Medal, and Good Conduct Medal. She is a driven team player who is highly detailed in her work and dedicated to deadlines. As Document Specialist, Vivian will support the EPIC team with delivery of acquisition and relocation notices, maintenance of property management documentation such as lease status trackers, and additional dedicated administrative support, as needed.
PROJECT SUPPORT AT EPIC
Property Management Services On-Call Contract, Riverside County Transportation Commission (RCTC), Riverside County, CA: As Document Specialist, Vivian is currently performing document administrative duties for the RCTC Property Management contract. Her tasks include compiling documentation pertaining to the management of license agreements and file management and documentation back-up (including scanning hard files to create and file electronic copies). As the administrator working on behalf of RCTC, Vivian regularly engages with stakeholder agencies, such as the County of Riverside, Caltrans District 8 and SCRRA to coordinate the signing of documents and recording deeds. She has assisted the Contract Manager/Property Manager, Darcy Mendoza, with clearing up title deficiencies with the County Assessor.
Plans, Specifications & Estimates (PS&E) for Ojai Ave (SR 150) and Maricopa Hwy (SR 33) Active Transportation Program (ATP) Complete Streets, City of Ojai, CA:
As a subconsultant to the engineer and in coordination with the City of Ojai, Vivian supported the right of way agent team compile, review, and mail Offer Packages to property owners for the acquisition of property rights. As Project Support, Vivian ensured consistency and quality review of the Offer Packages so that the include all required informational brochures, Offer of Just Compensation letter, and related project information. Due to federal Active Transportation Program (ATP) funding, documentation was meticulously managed for ultimately obtain Caltrans Right of Way Certification for the project.
West Valley Connector Bus Rapid Transit (BRT) Corridor, Segment 4, San Bernardino County Transportation Authority (SBCTA), Pomona, Montclair, and Ontario, CA: In 2021, EPIC was selected by SBCTA to perform Right of Way services for this new BRT corridor to improve OmniTrans service in the communities of Pomona, Montclair, Upland, Ontario, and Rancho Cucamonga.
EPIC is performing appraisals, acquisitions, and relocations for Segment 4 of this project, which impacts 56 larger parcel groupings possessed by 53 unique property owners. As Project Support, Vivian supported the right of way agent team compile, review, and mail Offer Packages and Relocation Notices to property owners for the acquisition and relocation of property in conflict with the project improvements.
EPIC LAND SOLUTIONS, INC.
YEARS OF EXPERIENCE
9 (1.5 years at EPIC)
LICENSURE
Notary Public, CA Commission
#2438792
KEY SKILL SETS
Microsoft Office Suite – Intermediate
Adobe Acrobat Pro DC – Intermediate
Type 58 WPM
EDUCATION & PROFESSIONAL
DEVELOPMENT
California Department of Insurance
(CDI) Producer License, Accident Health
& Life Agent, 2019
AT&T Corporate Online Courses
Proprietary Vocational Certification
AT&T 2020 Transformation Series: Big
Data, Cloud Technology, 2016
AT&T Career Training Courses
Environmental Health & Safety EH&S
Trainer – Certification CPR & First Aid
Certification Defensive Safety Driving
Naval Air Technical Training Center
United States Navy Aviation Electronics
Technician “A” School Basic Electricity
and Electronics, 1995
John F. Kennedy High School, High
School Diploma, Fremont, CA
Agreements for Professional Services to perform As-Needed Professional R... Page 288 of 1755 VIVIAN LANZAORELLANA | DOCUMENT SPECIALIST
Los Angeles County Metropolitan Transportation Authority (Metro), Plans, Specifications & Estimates (PS&E) for SR-91 Improvements, Central Avenue to Acacia Court, Carson, Compton, and Long Beach, CA: This is an Early Action Project as part of Metro's I-605 Hot Spots Program and will create new roads parallel to SR-91 to reduce merge and diverge movements, improve traffic flow, and enhance safety in gateway cities. The project also improves local roadways to enhance safety for pedestrians and bicyclists. As the subconsultant to the project’s design engineer serving as Project Support, Vivian is supporting right of way team compile, review, and mail Offer Packages to property owners for the acquisition of property rights.
CAREER EXPERIENCE PRIOR TO EPIC
Orange County Registrar of Voters, Santa Ana, CA: Office Assistant. Vivian assisted with three major elections and one special election for the Candidate and Voter Services department representing the fifth-largest voting jurisdiction in the United States, earning positive customer and team feedback. Vivian administered candidate filing tasks and provided efficient frontline administrative support for the Candidate and Voters Services department and assisted partners in other Operations teams. Tasks included processing public records requests in accordance with policies set forth in the California Public Records Act (PRA) and serving voters as a Customer Service Representative in Registrar of Voters Vote Center.
Good Circle Insurance Agency, Mission Viejo, CA: Administrator - Accounts Manager. Vivian assisted new clients in retaining their key talent through administration of attractive employee benefits, while reducing payroll taxes. She provided seamless management of policy holders’ accounts and claims and administered employee benefits, conducted policy education. Vivian safeguarded personal and medical information per HIPPAA regulations.
AT&T Corporation, Garden Grove, CA: Assistant Office Manager - Head Senior Technician. Vivian assisted higher Management and Operations Team in managing 18 direct reports and efficiently performed high-level administrative functions including shift scheduling, time reporting, vacation approvals, overtime approvals, pay reports, calendar management, data analysis, employee onboarding and training, benefits administration, and compliance of state and federal laws. Vivian increased measured performance of Area Manager’s Southern CA Operations district ranking in one year from bottom tier to Top 25%.
Agreements for Professional Services to perform As-Needed Professional R... Page 289 of 1755 EPIC LAND SOLUTIONS, INC.
YEARS OF EXPERIENCE
17 years (2 years with EPIC)
EDUCATION
B.S., Civil Engineering, California State
Polytechnic University, Pomona
AFFILIATIONS
Member, American Society of Civil
Engineers (ASCE)
Member, Business Development
Association of the Inland Empire
(BDAIE)
CERTIFICATES & COURSEWORK
Introduction to Practical Railway
Engineering, American Railway
Engineering and Maintenance-of-Way
Association (AREMA)
Utility Process for Local Agencies,
Caltrans
Fundamentals of Inspection Practice,
Caltrans
Railway Worker Safety Training
Certificate, SCRRA
Contractor Orientation, BNSF Railway
Contractor Orientation, Union Pacific
Railroad
MIKE MAYS
UTILITY SERVICES MANAGER
Leading EPIC’s dedicated Utility Services Department, Mike has experience providing utility research and coordination services directly for the City of Indio’s Highway 111 Improvements and other local cities including Cathedral City and Palm Springs. He is very familiar working within public agencies’ procedures and protocols for protecting and relocation utility facilities. Mike has performed wet utility design and has managed all aspects of utility coordination, including preliminary and final report of investigation, determination of relocation liability, preliminary engineering, acquisition of required railroad encroachment permits, drafting utility agreements and legal notifications, plans, specifications, estimates, quantities, bid support, and construction support. As Utility Services Manager, Mike will manage all utility services necessary for resulting task orders.
NOTABLE EXPERIENCE
Highway 111 Improvements, from Jefferson Street and Madison Street, City of Indio, CA: Prior to joining EPIC, Mike was the Utility Coordinator for this project to modify traffic signals and reduce congestion on Highway 111 through the City of Indio. Mike performed all utility investigation, protection, and relocation procedures and documentation in accordance with the Caltrans Local Agency Procedures Manual (LAPM) and Caltrans Right of Way Manual guidelines.
Ramon Road Widening and Bridge Widening, Cities of Cathedral City and Palm Springs, CA: Utilizing Federal Highway Administration (FHWA) Highway Bridge Program (HBP) funding, the Cities of Palm Springs and Cathedral City are widening Ramon Road from four to six lanes (three in either direction) between San Luis Drive in Palm Springs to just east of Landau Boulevard in Cathedral City (including widening, seismic retrofitting and new guardrails for the existing bridge passing over the Whitewater River). EPIC provided utility coordination services for the widening Ramon Road between Palm Springs and Cathedral City involving 25 pothole investigations and 11 utility facility relocations. As the Utility Certification Lead, Mike is overseeing the completion of protection, removal and/ or relocation activities for impacted utility facilities in compliance with Caltrans Right of Way Manual and Caltrans Local Assistance Procedures Manual (LAPM).
Bundy Canyon Road & Scott Road Widening, City of Menifee, CA: Bundy Canyon/Scott Road is a two-lane rural corridor in southwest Riverside County between Interstate 15 and Interstate 215. With partial funding from the Western Riverside Council of Governments (WRCOG), the City of Menifee in partnership with the City of Wildomar is widening this three-mile corridor to six lanes from Haun Road to city limits at Sunset Avenue to improve safety and traffic flow. EPIC is teamed with the design engineer to perform all utility coordination and right of way tasks for this project. Mike is leading the Utility Services team for this project providing supervision of 25 pothole investigations and utility coordination for over 100 utility facility relocations. As the City applies for additional funding through federal grant programs, Mike will ensure the utility coordination program is performed in accordance with Caltrans Local Assistance Procedures Manual (LAPM) standards.
Agreements for Professional Services to perform As-Needed Professional R... Page 290 of 1755 MIKE MAYS | UTILITY SERVICES MANAGER
Interstate 215 Garbani Road Interchange Project Initiation Document (PID), City of Menifee, CA: EPIC is the right of way and utility coordination subconsultant on the design team studying the feasibility of modifying this interchange to better accommodate existing and future traffic demands in this growing region of Riverside County. Mike and the EPIC Utility Services team provided utility relocation technical analysis to support the Design team prepare the Preliminary Environmental Analysis Report (PEAR) and Project Study Report-Project Development Support (PSRPDS) deliverables. Mike developed the Conceptual Cost Estimate for anticipated utility relocations resulting from proposed designs. To comply with Caltrans, the resulting impact and cost data was formatted into a K Phase Conceptual Cost Estimate Form (Exhibit 4-EX-8 from the Caltrans Right of Way Manual).
City of Moreno Valley, State Route 60 at Redlands Boulevard Interchange Improvements PA&ED, Moreno Valley, CA: The City of Moreno Valley isreconstructing and realigning SR 60/Redlands Blvd ramps, widening Redlands Blvd., and replacing the overcrossing structure to help alleviate congestion, enhance freeway access, and increase interchange capacity to meet growing demands. Up to ten (10) utility purveyors have facilities in the project location that are potentially in conflict with the proposed design. As the subconsultant to the design engineer, Mike is overseeing utility research, potholing investigations, and seeks to identify potentially prohibitive utility facility relocations and coordinate the utility clearance process for on-time project certification.
Santa Gertrudis Creek Multi-Use Trail Phase II - Margarita Road Undercrossing, City of Temecula, CA: The City is constructing a bicycle/pedestrian multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The proposed undercrossing would improve safety at this location by removing the need for an at-grade crossing of the heavily traveled Margarita Road, which is a four-lane divided collector roadway. As part of the final design team, Mike and the EPIC Utility Services team performed utility identification and coordination to obtain as-built plans of utility facilities in the project area, and also coordinated extensive potholing investigations to determine the exact locations of utility facilities. Close attention was paid to investigate a water line owned by Rancho Water District.
Other key project stakeholders included Riverside County Flood Control District (RCFCD) and adjacent property owners and property management companies.
Barton Road Bridge, City of Colton, CA: EPIC is the utility coordination and right of way acquisition subconsultant to the design engineer to clear right of way for this project. Utility research tasks have started. Mike obtained asbuilts from utility companies present in the project area to develop the utility conflict matrix and determination of liability. Mike and team have navigated re-design due to new development on one side of the bridge and sent out Relocation Claim Letters.
Calle Contento and La Serena Roundabout Roadway Improvement (aka Temecula Rancho California Roundabouts), County of Riverside Transportation & Land Management Agency (TLMA), Temecula Valley, CA: As part of a fiveintersection improvement plan along Rancho California Road, TLMA plans to create a four-mile roundabout corridor to be located between Butterfield Stage Road and Glenoaks Road. Roundabouts are planned at the intersections of La Serena Way, Calle Contento, Anza Road, Monte De Oro Road, and Glenoaks Road. These roundabouts are intended to retain the unique rural character of the wine country region, while accommodating future traffic volumes. Mike is currently coordinating potholing and utility relocation for the Calle Contento and La Serena Roundabouts of the project. His scope has included utility conflict maps, utility relocation plan, utility relocation packages to owners, utility relocation coordination, and support to the design team through all design milestone percentages. Utilities identified to be potentially impacted by the project include MCI-VB, Frontier, Southern California Edison (SCE), and Rancho California Water Company (RCWCo).
I-215 Bi-County Landscape Project, San Bernardino County Transportation Authority (SBCTA), Colton and San Bernardino, CA: As the right of way services subconsultant to the design engineer, EXP, Mike and the EPIC right of way planning team completed the requisite Caltrans Right of Way Data Sheet to estimate utility relocation costs and clear the project for constructing the proposed improvements to landscape along the I-215 corridor in San Bernardino. During this project, EPIC recommended that EXP work with Caltrans District 8 to seek an early acquisition of the conflicting parcel, currently owned by another local agency, to install an irrigation line.
Agreements for Professional Services to perform As-Needed Professional R... Page 291 of 1755 EPIC LAND SOLUTIONS, INC.
YEARS OF EXPERIENCE
9 (1 year with EPIC)
PROFICIENCY
Microsoft Office software
Sharepoint
ProjectWise
BlueBeam
Accubid
Oracle
Coupa
Power Purchase
Procore
Salesforce
RS Means
LANGUAGE SKILLS
Bilingual in English and Spanish
EDUCATION
Santa Fe High School, High School
Diploma, Santa Fe, CA
BERNADETTE SALTO
UTILITY COORDINATOR
As primary assistant to Mike Mays, Bernadette provides utility coordination support to ensure project deliverables are on schedule and within budget, recently supporting projects for the cities of Cathedral City and Palm Springs. She regularly coordinates meetings with utility owners, runs DigAlerts, prepares and sends out notification letters, and drafts utility certification files. Bernadette excels at problem solving, with high attention to detail and enthusiasm for her work. She is especially skilled at using ProjectWise in collaboration with engineers to keep project documents and updates organized. Prior to joining EPIC, Bernadette worked for eight years as a project coordinator for an electrical contractor. She is driven and self-motivated, has excellent time management, and provides oversight and support on a variety of roadway improvement projects requiring utility relocation services. As Utility Coordinator, Bernadette will directly support Mike for all utility coordination services documentation per task order.
NOTABLE EXPERIENCE
Ramon Road Widening and Bridge Widening, Cities of Cathedral City and Palm Springs, CA: Utilizing Federal Highway Administration (FHWA) Highway Bridge Program (HBP) funding, the Cities of Palm Springs and Cathedral City are widening Ramon Road from four to six lanes (three in either direction) between San Luis Drive in Palm Springs to just east of Landau Boulevard in Cathedral City (including widening, seismic retrofitting and new guardrails for the existing bridge passing over the Whitewater River). Bernadette is providing utility coordination services for the widening Ramon Road between Palm Springs and Cathedral City involving 25 pothole investigations and 11 utility facility relocations.
Barton Road Bridge Removal and Road Construction, City of Colton, CA: EPIC is the utility coordination and right of way acquisition subconsultant to clear right of way for this project. Utility research tasks have started. EPIC has obtained asbuilts from utility companies present in the project area to develop the utility conflict matrix and determination of liability. Bernadette and the team have navigated re-design due to new development on one side of the bridge and sent out Relocation Claim Letters.
Calle Contento and La Serena Roundabout Project (aka Temecula Rancho California Roundabouts), County of Riverside Transportation & Land Management Agency (TLMA), Temecula Valley, CA: As part of a five-intersection improvement plan along Rancho California Road, TLMA plans to create a fourmile roundabout corridor to be located between Butterfield Stage Road and Glenoaks Road. Roundabouts are planned at the intersections of La Serena Way, Calle Contento, Anza Road, Monte De Oro Road, and Glenoaks Road. These roundabouts are intended to retain the unique rural character of the wine country region, while accommodating future traffic volumes. Bernadette is coordinating potholing and utility relocation for the Calle Contento and La Serena Roundabouts of the project. Her tasks included preparing utility relocation packages to send to facility owners, utility relocation coordination, and support to the design team through all design milestone percentages. Utilities identified to be potentially impacted by the project include MCI-VB, Frontier, Southern California Edison (SCE), and Rancho California Water Company (RCWCo).
Agreements for Professional Services to perform As-Needed Professional R... Page 292 of 1755 BERNADETTE SALTO | UTILITY COORDINATOR
State Route 60 & Redlands Boulevard Interchange Improvements PA&ED, City of Moreno Valley, CA: The City of Moreno Valley is reconstructing and realigning SR 60/Redlands Blvd ramps, widening Redlands Blvd., and replacing the overcrossing structure to help alleviate congestion, enhance freeway access, and increase interchange capacity to meet growing demands. Up to ten (10) utility purveyors have facilities in the project location that are potentially in conflict with the proposed design. As the subconsultant to the design engineer, Bernadette is performing utility research, potholing investigations, and seeks to identify potentially prohibitive utility facility relocations and coordinate the utility clearance process for on-time project certification.
Bundy Canyon Road & Scott Road Widening, City of Menifee, CA: Bundy Canyon/Scott Road is a two-lane rural corridor in southwest Riverside County between Interstate 15 and Interstate 215. With partial funding from the Western Riverside Council of Governments (WRCOG), the City of Menifee in partnership with the City of Wildomar is widening this three-mile corridor to six lanes from Haun Road to city limits at Sunset Avenue to improve safety and traffic flow. EPIC is teamed with the design engineer to perform all utility coordination and right of way tasks for this project. Bernadette and the Utility Services team for this project are providing supervision of 25 pothole investigations and utility coordination for over 100 utility facility relocations. As the City applies for additional funding through federal grant programs, the team will ensure the utility coordination program is performed in accordance with Caltrans Local Assistance Procedures Manual (LAPM) standards.
I-215 & Garbani Road Interchange Project Initiation Document (PID), City of Menifee, CA: EPIC is the right of way and utility coordination subconsultant on the design team studying the feasibility of modifying this interchange to better accommodate existing and future traffic demands in this growing region of Riverside County. Bernadette supported the Conceptual Cost Estimate for anticipated utility relocations resulting from proposed designs. To comply with Caltrans, the resulting impact and cost data was formatted into a K Phase Conceptual Cost Estimate Form (Exhibit 4-EX-8 from the Caltrans Right of Way Manual).
Murrieta Creek Trail PS&E, City of Lake Elsinore, CA: EPIC is currently providing comprehensive ROW acquisition services for the four anticipated parcel impacts for this ATP-funded new regional multi-use trail construction. EPIC is in the process of conducting full acquisitions in fee, temporary construction easements, and permanent easement rights. Additional effort is being anticipated for coordination with Elsinore Valley Municipal Water District to review existing sewer easements and obtain an inter-agency agreement. Bernadette is positioned to support this effort as needs arise, having already completed preliminary utility impact research.
Avenue N Improvements, 18th Street West to 10th Street West, City of Palmdale, CA: As the subconsultant to the design engineer, EPIC is providing comprehensive utility research and coordination oversight services to relocate up to seven utility facilities in conflict with the Avenue N improvements. Bernadette contacted 10 utility companies to obtain as-builts and perform on-site utility verification. Bernadette will work in tandem with the design team and EPIC right of way team to finalize project documents and obtain Caltrans Certification for all right of way and utilities clearances. Specifically, Bernadette and the EPIC Utility team are working in close coordination with SCE and three water companies to perform Quality Review and concurrence on the Utility Plans, including one round of re-design as requested by Southern California Edison (SCE) to move transmission poles further away from the road.
Ojai Avenue (State Route 150) and Maricopa Highway (State Route 33) Active Transportation Program (ATP) Pedestrian and Bike Safety Improvements, City of Ojai, CA: EPIC is performing comprehensive right of way and utility coordination services for this federal grant-funded mobility improvement project in Ventura County to construct bike lanes, pedestrian, and transit facilities. As a subconsultant to the engineer, Bernadette is supporting EPIC’s Utility Services Lead, the design engineer and the City to identify utilities in conflict with the proposed design of pedestrian and bicycle facility improvements. EPIC’s utility team has obtained and reviewed the utility facility asbuilts and claims of liability from 5 owners in conflict, in turn providing coordination to relocate facilities or protectin-place utilities found to be in conflict with the project design. Bernadette is continuing to support the City, performing utility coordination in accordance with the Caltrans Right of Way Manual (RoW-M) and the Local Assistance Procedures Manual (LAPM). She will also assist the City with self-certification of the project.
Agreements for Professional Services to perform As-Needed Professional R... Page 293 of 1755 EPIC LAND SOLUTIONS, INC.
YEARS OF EXPERIENCE
36 (7 with EPIC)
LICENSURE
Certified General Real Estate
Appraiser, CA #AG003087
CERTIFICATIONS
MAI Designated Member, Appraisal
Institute, #9746
ASSOCIATIONS
Officer, San Diego Chapter of the
Appraisal Institute
EDUCATION
Graduate Coursework, San Diego State
University
B.S., Financial Planning & Counseling,
Brigham Young University
VALUATION SPECIALTIES
Kent specializes in the valuation of
special purpose properties,
agricultural land, partial interests,
industrial/flex buildings, multi-family
residences, shopping centers, hotels,
retail properties, and offices.
KENT CARPENTER, MAI
SENIOR APPRAISER
With over 36 years of experience in the valuation of a wide assortment of property types, Kent is a seasoned appraisal professional with recent experience providing valuations for CVAG and the cities of Indian Wells, Rancho Mirage, Palm Springs, and Cathedral City. Prior to joining EPIC, Kent worked as Managing Director for the San Diego offices of Hilco Real Estate Appraisal and Grubb & Ellis Landauer Valuation Services. Additionally, he was an owner/partner at a top San Diego County appraisal firm – Lipman, Stevens & Carpenter, Inc. His extensive career includes expert witness testimony in federal bankruptcy court and regional Superior Courts for arbitrations and depositions involving real estate values. Kent has completed hundreds of appraisals for municipalities and public agencies throughout Southern California. Clients include government entities, financial institutions, accounting firms, insurance companies, law firms, developers, and private property owners. As Senior Appraiser, EPIC will lead inhouse appraisal efforts and coordinate with our subconsultant, CBRE for appraisal reviews, and vice versa as needed per task order.
NOTABLE EXPERIENCE
Club Drive Complete Streets Improvements and Rehabilitation, City of Indian Wells, CA: This project impacts up to two (2) property interests on the northeast corner of Sandpiper Drive and Club Drive in the project area, south of Highway 111. EPIC as the dedicated right of way subconsultant to the design engineer is performing comprehensive right of way services, including property acquisitions of temporary construction easements (TCE), permanent sidewalk easements, and partial fee acquisitions, as determined necessary. Kent completed two (2) valuation waivers for this project in lieu of appraisal reports due to the minor impact of the acquisitions anticipated.
Frank Sinatra Drive Bridge over Whitewater River, City of Rancho Mirage, CA: The City planned to construct an all-weather crossing on Frank Sinatra Drive over the Whitewater River. This bridge will provide accessibility during major floods. EPIC provided appraisals, temporary construction easement (TCE) and permanent acquisitions, utility relocation coordination, and Caltrans Right of Way Certification coordination. Kent provided appraisal review services of 13 reports completed for the project. Impacted properties included gated communities, federally owned land, and development company owned land.
Active Transportation Program (ATP) Safety Projects, Coachella Valley Association of Governments (CVAG), Cathedral City, CA: EPIC is the subconsultant to the engineer designing ATP pedestrian and bicycle improvements in the Cathedral City area. Kent is the project’s Lead Appraiser to recommend Amounts of Just Compensation for acquisition areas on three (3) property interests impacted by the proposed safety improvements. Due to federal aid, Kent is coordinating the completion of review appraisals performed by a qualified, independent third-party appraiser.
Ramon Road Widening, Cities of Palm Springs and Cathedral City, CA: The Cities of Palm Springs and Cathedral City are widening Ramon Road from four to six lanes (three in either direction) between San Luis Drive in Palm Springs to just east of Landau Boulevard in Cathedral City (including widening, seismic
Agreements for Professional Services to perform As-Needed Professional R... Page 294 of 1755 KENT CARPENTER, MAI | SENIOR APPRAISER
retrofitting and new guardrails for the existing bridge passing over the Whitewater River). EPIC provided comprehensive appraisal and right of way services for 26 properties including Bureau of Indian Affairs tribal land.
EPIC is performing comprehensive right of way services for this Federal Highway Bridge Program-funded project.
Kent’s completed appraisal in compliance with federal Uniform Act and Caltrans Right of Way Manual guidelines.
Tangerine Avenue Improvements, City of Chino, CA: As the on-call right of way consultant to the City of Chino since 2018, Kent was enlisted to provide a fair market value appraisal of a residential property for roadway improvements. The intended use of that appraisal report was for making an offer to acquire easement interests from a portion of the subject property in fulfillment of the Tangerine Avenue Improvement Project. The appraisal was presented in an Appraisal Report format as defined by USPAP Standards Rule 2-2a.
Temescal Canyon Bridge over Temescal Wash Replacement, City of Lake Elsinore, CA: The City of Lake Elsinore is replacing the 97-year-old Temescal Canyon Bridge Over Temescal Wash. The intent of this project was to construct a new 4-lane, 98 feet wide, 375 feet long bridge along the realigned portion of the existing Temescal Canyon Road.
This project required the acquisition of two habitat conservation easements, five slope easements, one road easement and four temporary construction easements. Due to Caltrans oversight and Highway Bridge Program (HBP) funding, all tasks were performed in accordance with Caltrans Local Assistance Procedures Manual (LAPM) and the Caltrans Right of Way Manual. Kent completed two (2) appraisals for the impacted commercial zoned properties and successfully coordinated with the appraisal reviewer to make necessary revisions.
Mount Vernon Viaduct Replacement Design-Build, San Bernardino County Transportation Authority (SBCTA), San Bernardino, CA: The Mount Vernon Avenue Viaduct Replacement is a Design-Build project owned by SBCTA to demolish the functionally obsolete bridge over the BNSF Intermodal Yard in San Bernardino and construct a new 1,000-foot-long bridge. The existing bridge posed such a high risk to public safety, that the bridge was closed to all traffic (pedestrian, bicycle, and vehicular) in December 2020. The new Mount Vernon Avenue Bridge is scheduled to open to the public in 2024. As the project progressed, the global COVID-19 pandemic struck. The EPIC agent team safely and creatively navigated the title review, appraisal, and acquisition process to acquire rights to 45 properties on behalf of SBCTA. Kent completed 42 appraisal reviews and 8 appraisals for this project, collaborating with CBRE’s Rick Donahue for multiple. To maintain organization of all efforts, an appraisal status report spreadsheet was maintained to keep all appraisers on the same page for assignments and status of completion.
SR-210 Lane Addition and Base Line Interchange Improvement, SBCTA, Highland, CA: On behalf of SBCTA, Caltrans District 8, and the City of Highland, Kent provided valuation reports for 20 property interests planned for right of way acquisition. Property types included residential, county flood control, and commercial properties including a 76 gas station and Starbucks restaurant franchise. Kent’s reports, opinions, conclusions and preparation were developed in conformance with the Uniform Standards of Professional Appraisal Practiced (USPAP), Caltrans Right of Way Manual guidelines, and the Code of Professional Ethics of the Appraisal Institute.
Euclid Street & Glenoaks Avenue Improvements, City of Anaheim, CA: The City of Anaheim secured Highway Safety Improvement Program (HSIP) federal aid and local funding to complete road safety improvements along Euclid Street from Crescent Avenue to Glenoaks Avenue. The City awarded EPIC a contract to acquire property rights for Temporary Construction Easements (TCEs) required to modify sidewalks and curb ramps. As the City’s on-call right of way consultant, EPIC was enlisted to review title reports, complete valuation waivers, and negotiate with property owners to acquire four (4) temporary construction easements. As a Caltrans Local Assistance project, valuation and acquisition have been performed in accordance with Caltrans Right of Way procedures and will require Certification from Caltrans District 12 at the close of the project. Kent completed four (4) valuation waivers for the temporary construction easement impacts on this Caltrans Local Assistance project.
Oso Pkwy & Antonio Pkwy Intersection Improvements, County of Orange, Rancho Santa Margarita, CA: This roadway improvement project includes adding a southbound through-lane on Antonio Parkway, an eastbound through-lane on Oso Parkway, and a left-turn lane from Antonio Parkway to westbound Oso Parkway. Kent Carpenter, MAI, completed two appraisal reviews on behalf of the County for properties impacted by a temporary construction easement at the project intersection. He found them to be satisfactory within the requested 3-week timeframe.
Agreements for Professional Services to perform As-Needed Professional R... Page 295 of 1755
Agreements for Professional Services to perform As-Needed Professional R... Page 296 of 1755
SURVEY MANAGER
John R. Duquette, P.L.S.
Mr. Duquette has many years of professional surveying
experience with a broad background in boundary and rightof-way analysis and calculations for transportation and road improvement projects for a variety of public agencies.
RELEVANT EXPERIENCE
Downtown Indio Infrastructure - Phase 1 Civil Improvements - Design Services, Indio, California. Indio Redevelopment Agency. Technician. Responsible for CADD mapping. Michael Baker provided full engineering, planning, urban design, landscape architecture, and construction management services for the revitalization of downtown Indio. Michael Baker provided a landscape concept plan; final construction plans, specifications, and estimates; and construction management services. The project included removal of an existing one way street; angled parking, curbs, and sidewalks; and construction of new traffic calming elements, decorative cross walks, decorative concrete sidewalks, two alleys with pedestrian alleys, decorative pedestrian lights, street trees, street furniture, landscaping, and irrigation. Michael Baker also provided traffic and parking studies for the anticipated land use plan and circulation analysis for a Transportation Center planned for the downtown area.
Marriott Shadow Ridge, Palm Desert, California. Houston Tyner Inc. Technician. Responsible for CADD mapping. Michael Baker provided engineering services for the development of a 315-acre time share project with an 18-hole golf course, resort center, sales center, maintenance center, large pool and recreation area, and six villages with 999 time-share units. Michael Baker's services included the design of on-site and offsite street improvement plans, precise and rough grading plans, on-site and off-site water and sewer improvement plans, and storm drain plans; coordination with Marriott personnel, various sub-consultants, and contractors during design and construction; and construction administration support.
Interstate 15 / State Route 79 South Interchange Improvements, Temecula, Riverside, California. City of Temecula. Surveyor. Processed GPS field control and created a Record of Survey showing existing monumentation, as well as legal descriptions for various easements affected by the project. Transportation planning services were provided for the development of six interchange alternatives, which were documented and approved through Caltrans District 8 in a Project Study Report. Michael Baker then completed a Project Report, Modified Access Report, and combined CEQA/NEPA document for the Recommended Build Alternative, which required close coordination with both Caltrans District 8 and the Federal Highway Administration. Currently, Michael Baker is preparing Final PS&E for this $30M interchange improvement project.
Old Town Temecula Civic Center Mapping, Temecula, California. Project Surveyor. Michael Baker provided a boundary survey and an aerial topographic map as well as engineering services for the Temecula Civic Center. Responsible for providing boundary and control calculations and analysis and preparing an Official Map of the project site.
Ynez Bridge Widening, Temecula, California. Project Surveyor. Michael Baker provided surveying and engineering services for the widening of the Ynez Road bridge. Responsible for preparing office calculations required by the field crews, including right-of-way, bridge abutments, pile locations, bridge deck, and future curb locations.
Murrieta Hot Springs Road / Alta Murrieta Widening, Temecula, California. Project Surveyor. Responsible for reducing topographic information for engineers to redesign the intersection of Murrieta Hot Springs Road and Alta Murrieta. Also prepared office calculations for future right-of-way, curb, and street improvements.
Interstate 215 / Los Alamos Road Overcrossing, Murrieta, California. City of Murrieta. CADD Technician. Supported the project with field data processing and GPS control network analysis. Michael Baker provided environmental evaluation, structures engineering and design, and survey and right-of-way engineering for the widening of Los Alamos Road and the I-215 bridge overcrossing structure. Michael Baker also provided utility research, utility record maps for field search, right-of-way surveying, hydrology and storm drain analysis, and final metric utility Maps.
On-Call Survey Services - Caltrans District 12 (Contract No. 12A1051), District 12, Orange County, California. Caltrans - District 12. Surveyor.
Provided boundary and right-of-way analysis and calculations. Michael Baker provided on-call professional and technical survey services over a three-year period. The task order assignments involved survey, monumentation, and post-construction records of survey of 10 miles of Interstate 5 through Orange County. Right-of-way and land parcel retracement surveys were completed and new monumentation and post-construction records of surveys were prepared. Field surveys included GPS geodetic control, boundary determination, and as-built surveys. Michael Baker surveyors recorded five record of survey maps on an accelerated schedule. Additionally, Michael Baker completed alignment maps and database files of mainline and ramps for the I-5 and I-405 freeways.
Years with Michael Baker
19 Years of Experience
34 Education
A.S., 1996, Surveying and Mapping, Santa Ana
College
Licenses/Certifications
Professional Land Surveyor, California, 1999, 7566
Professional Affiliations
California Land Surveyors Association
Agreements for Professional Services to perform As-Needed Professional R... Page 297 of 1755 SR. MAPPING ANALYST
Connie K. Barrett, P.L.S.
Ms. Barrett is a Professional Land Surveyor with over three decades of experience in Southern California's construction industry in all operations of a land survey office. This includes: subdivision and boundary mapping, right of way mapping, legal descriptions, ALTA surveys, terrestrial and aerial topographic mapping, GIS mapping, construction staking calculations, and volume calculations. She is also experienced in civil engineering design as it applies to grading, street, and utility improvements. Ms. Barrett also has significant level of expertise in 3D visualizations.
RELEVANT EXPERIENCE
Salton Sea Communities Water Main Replacement, Imperial County, California.
Coachella Valley Water District. Surveyor. Responsible for assembling a record data base map consisting of several original BLM sectional surveys and calculating Coachella Valley Watershed easements crossing the area. Michael Baker is performing geotechnical services and preparing plans, specifications, and estimates for the replacement of four critical water main crossings under Highway 86. The new pipeline crossing will be installed using the jack and bore method and will tie into the existing pipelines on either side of Highway 86. Work also involves potholing, topographic survey/base mapping, geotechnical field investigation, Caltrans Encroachment Permit approval, and construction support services.
Avenue K Phase 3A Mapping, Lancaster, California. Los Angeles County, Department of Public Works. Surveyor. Responsible for preparation and filing of Survey Corner Records. Michael Baker provided engineering services for a water transmission pipeline in Avenue K in the city of Lancaster. For the project, Michael Baker provided project control, ground and aerial topography, street alignment determination, record of survey, monument ties, corner records, and a project report. It located existing fences and a wall at the right-of-way, dipped all sewer and storm drain manholes, and located catch basins, connector pipes, and all utilities.
East Vista Way and Foothill Drive Roadway Improvements, Vista, California. Lennar Homes of California, Inc. Surveyor. Responsible for legal description and corner records. Michael Baker provided engineering and design services for roadway and drainage improvements to 1,100 linear feet of East Vista Way and 900 linear feet of Foothill Drive in the city of Vista. As part of the project, it performed signing and striping, right-of-way mapping, traffic control design, and hydrology and hydraulics calculations. It also developed a water-quality management plan and provided cost estimates and construction phase services.
Transportation Corridor Agencies – 73 and 241 Freeways. Over last 20 years, performed numerous tasks related to Orange County's Transportation Agency needs. This includes GPS Control Network Development, Right-of-Way mapping, Topographic Surveying, Aerial Surveying Control and Data Processing and Encumbrance Mapping.
Caltrans (LA and Orange counties). – 5 Freeway and 405 Freeway widening, Right of way mapping and related research for land acquisition efforts on a variety of projects.
Salt Creek Trail Design and Environmental Services, Hemet, California. Riverside County Transportation Department. Surveyor. Responsible for legal description preparation. Michael Baker provided design for Phase I, floodplain analysis, legals, plats, as-builts, National Pollutant Discharge Elimination System compliance, and Caltrans coordination services for Salt Creek Trail. Salt Creek Trail is one of five essential backbone trails in the Riverside County Integrated Project and is a major east/west trail for the Western Riverside County Trail System. The Salt Creek Trail is approximately 4 miles, ultimately extending to 16 miles and connecting the cities of Menifee and Hemet.
S.R. 91 PA/ED Improvements from S.R. 57 to S.R. 55, Orange County, California. Orange County Transportation Authority (OCTA). Mapping Specialist. Responsible for legal description writing and exhibit preparation. Michael Baker prepared the project approval and environmental document (PA/ED) for the S.R. 91 improvement project from the S.R. 91/S.R. 57 to the S.R. 91/S.R. 55 interchanges to address significant congestion and operational deficiencies within the project study area. The improvements were part of the OCTA Renewed Measure M, a voterapproved half-cent sales tax program for transportation improvements, as Project I. The PA/ED documents were prepared in accordance with Caltrans' latest guidelines and included various environmental technical studies, project report (PR), and ED, that provided a foundation for subsequent plans, specifications, and cost estimates (PS&E).
Years with Michael Baker
4 Years of Experience
32 Education
Graduate Studies, Fine Arts/Design, Laguna College of
Art and Design
B.S., 1987, Surveying and Mapping, CU GKD
Coursework, Land Surveying, Rancho Santiago
College
Licenses/Certifications
Professional Land Surveyor, California, 2021, 9646
Professional Affiliations
California Land Surveyors Association
Agreements for Professional Services to perform As-Needed Professional R... Page 298 of 1755
Professional R...Agreements for Professional Services to perform As-Needed Page 299 of 1755 Jeff Meiter, RCE, PLS Project Manager - Survey
Jeff Meiter has worked directly for various City agencies as a project manager and has a diverse background in plan check review. He also has a vast history of project management and project engineer experience with many agencies in the Inland Empire area. He has worked on all manner of commercial, institutional, residential and industrial development projects as well as public works and transportation projects. He has reviewed all necessary construction documents for complete development of proposed sites. With an experienced background in surveying, Jeff has a broad knowledge that can be utilized to increase the efficiency of a task order style project. Jeff has a 25-year history working directly with public agencies, both as a plan checker as well as processing numerous private and public developments, so he is very familiar with the practices and procedures of the local agency.
Project Highlights
• Andrew Jackson Elementary School Pedestrian Improvements, Indio, California: Project Manager - responsible for management, preparation and coordination of 35,000 linear feet of street and sidewalk along the interior street surrounding Andrew Jackson Elementary School, including demolition plans and utility coordination with the various agencies. R/W requirements and legals/plats were prepared for the needed acquisitions. • Greenspot Road, Highland, California: as project manager, responsible for survey, management, preparation and coordination of 5,500 linear feet of a six-lane highway including landscaped medians/parkways and intersections from State Route 210 Freeway to Boulder Avenue. This project includes 8,000 linear feet of storm drain and a connection to City Creek, coordination with various agencies including utilities companies, San Bernardino County Flood Control District, Fish and Game Department, U.S. Army Corp of Engineers and Caltrans. This project included R/W maps and over a dozen legals/plats. • Redlands / Alabama Intersection, Redlands, California: as project manager, responsible for survey, management, preparation and coordination of 3,500 linear feet of street improvement plans including medians and two railroad crossings. This project includes coordination with various agencies including utilities companies, San Bernardino County Flood Control District, California Department of Transportation (Caltrans), the California Public Utilizes Commission (CPUC) and Burlington Northern Santa Fe Railroad (BNSF) for the rail crossings at Alabama Street and Colton Avenue. This project included R/W landnet map and over 20 legals/plats for acquisition. • Mt. View Avenue Improvement, San Bernardino and Redlands, California:
as project manager, responsible for survey, management, preparation and coordination of 4,200 linear feet of four-lane street improvement and 5,500 linear feet of sidewalk along Mt. View Avenue within the City of San Bernardino and Redlands, including demolition plans and utility coordination with the various agencies. Street widening and sidewalk improvements were designed within right-of-way with non-standard drive approach to allow for accessible path of travel behind driveway approach with minimal right-ofway. This project included R/W landnet map and over 30 legals/plats for acquisition.
Relevant Experience Diverse survey experience Extensive, current experience plan checking Infrastructure design expert Professional Details
Years of Experience: 25
Education: BS, Civil
Engineering, Cal State
Polytechnic Univ Pomona,
1998
Professional Registrations:
RCE #64696, 2003
PLS #8217, 2006
References
City of Indio
Tim Wassil
Direct of Public Works
(760) 391-4042
[email protected]
City of Highland
Carlos Zamano
Public Works Director
(909) 864-8732 x254
[email protected]
Agreements for Professional Services to perform As-Needed Professional R... Page 300 of 1755
©2024 CBRE, INC.
PROFILES
VALUATION & ADVISORY SERVICES
Beth B. Finestone, MAI,
AI-GRS, FRICS, CRE
Executive Vice President
Woodland Hills, CA
T +1 818 251 3669
E [email protected]
Professional Experience
Beth B. Finestone is an Executive Vice President for CBRE's Valuation & Advisory Services (VAS). She has been appraising in Southern California since 1981, specializing in valuation and consulting services related to public agency and right-of-way clients and for major investment-grade commercial properties and special purpose properties. She also has extensive expertise in valuing large tracts of land for conservation, mitigation and other purposes.
Ms. Finestone’s clients include public agencies, right-of-way firms, lenders, institutional investors, major corporations, law firms, and individual property owners. Her services include a wide range of specialized studies including ground lease rent studies, partial interest acquisitions, value diminution (from both internal and external influences), market demand, feasibility, severance damages and project benefits, investment analysis, assessment allocation, reuse analysis, and the valuation of partial interests including leasehold, leased fee, possessory interests, and minority interests.
She is experienced in valuing full and partial acquisitions related to eminent domain actions. These services include the valuation of fee acquisitions, permanent and temporary easements, including the appraisal of railroad and other types of corridors, pipeline easements and transmission line easements.
She has been a featured speaker at Appraisal Institute, International Right of Way, and legal functions. She was the 2019 President of the Southern California Chapter of the Appraisal Institute, the largest chapter in the country.
Beth was previously a Managing Director for and a principal of Integra Realty Resources – Los Angeles. In addition, she was the Executive Director of Integra Realty Resources – Orange County. During her career, she has held senior positions with Finestone & Associates and Cushman & Wakefield.
Expert Testimony
Ms. Finestone has qualified as an expert witness in real estate matters and has testified before:
‒ Superior Courts: Los Angeles and Orange Counties
‒ Arbitration Hearings: Los Angeles County
‒ Tax Appeal Boards: Los Angeles and San Diego Counties Professional Affiliations
/ Accreditations
‒ Member: Appraisal Institute
‒ Designation: Appraisal Institute –
General Review Specialist (AIGRS)
‒ Fellow: Royal Institution of
Chartered Surveyors
‒ Member: The Counselors of Real
Estate
‒ Member: International Right of
Way Association
‒ License: California State Certified
General Real Estate Appraiser
‒ Certified: Uniform Appraisal
Standards for Federal Land
Acquisitions (Yellow Book)
Education
‒ M.B.A., Pepperdine University
‒ B.S., Kinesiology, University of
California, Los Angeles
‒ Certified by the Appraisal
Institute’s program of continuing
education for its designated
members.
Agreements for Professional Services to perform As-Needed Professional R... Page 303 of 1755
Agreements for Professional Services to perform As-Needed Professional R... Page 304 of 1755 ©2024 CBRE, INC.
PROFILES
VALUATION & ADVISORY SERVICES – RIGHT OF WAY
J. Richard (Rick) Donahue
First Vice President
Irvine, CA
E [email protected]
Professional Experience
Rick Donahue, MAI is a First Vice President with CBRE's Valuation & Advisory Services (VAS). He has been appraising in Southern California since 1977, specializing in valuation and consulting services related to public agency and right-of-way clients and for major, investment-grade commercial properties, right-of-way companies, and public agencies.
Mr. Donahue is experienced in valuing partial and full acquisitions related to eminent domain actions. These services include fee, easement, and temporary easement valuations. Mr. Donahue has specialty experience in the appraisal of conservation easements, air right valuations, corridor valuations, sub-surface easements, utility easements, and transmission line easements. He also has expertise in valuing an extensive variety of investment-grade real estate and special-purpose properties for lending, investment consulting, and other purposes.
Mr. Donahue's services include a wide range of specialized studies including tax appeals, market demand, feasibility, investment analysis, assessment allocation, reuse analysis, and the valuation of partial interests including leasehold, leased fee and minority interests. He also acts as a review appraiser for multiple public agencies.
Among the more unique properties appraised by Mr. Donahue in recent years are - Chet Holifield Federal Building (aka “the Ziggurat”) in Laguna Niguel, - Los Angeles County Museum of Natural History, Los Angeles - LAC-USC Keck Medical Center, Los Angeles,
- MLK Medical Center, Los Angeles,
- Orange County Rescue Mission, Santa Ana,
- Page Museum at the La Brea Tar Pits, Los Angeles,
- Tejon Ranch, 270,000 acres (Conservation Easement), Lebec - Westmont College, Montecito,
- Mater Dei High School, Santa Ana
- CBX Border Crossing at the US/Mexican border, Otay Mesa. - Berth 400, Port of Los Angeles
For the past several decades he has specialized in the valuation of numerous churches, schools, non-profit facilities, and camps, in addition to his right-of-way experience.
Mr. Donahue has been a featured speaker at Appraisal Institute functions, a USPAP Instructor, and previously served on the organization’s national Board of Directors as Regional Chair, Member of the Executive Committee, and Chair of the National Audit Committee. He is a recipient of the Bert L. Thornton Professional Service Award of the Southern California Chapter of the Appraisal Institute, awarded in recognition of many years of unselfish dedication to the Appraisal Institute and its Professional Goals and for the exemplary conduct displayed during their professional career.
Pro Accreditations
‒ Licenses: California, Certified
Real Estate Appraiser,
AG008427, Expires April 2025
Professional
Affiliations &
Accreditations
‒ Member: Appraisal Institute
‒ MAI No. 7420
‒ Member: International Right of
Way Association – Chapter 67
Education
‒ B.A., History,
‒ California Polytechnic
University, Pomona
Agreements for Professional Services to perform As-Needed Professional R... Page 305 of 1755 Business, Consumer Services & Housing Agency
BUREAU OF REAL ESTATE APPRAISERS
1 ©2024 CBRE, INC.
PROFILES
VALUATION & ADVISORY SERVICES
Jerardo Arciniega, MAI
Vice President
Woodland Hills, CA
E [email protected]
Jerardo Arciniega is a Vice President for CBRE's Valuation & Advisory Services (VAS). Mr.
Arciniega has been appraising real property since 2005. He has extensive experience in real estate analysis, data collection and studies including interviewing buyers, sellers, brokers and tenants with regard to the details of transactions and market conditions, as well as report writing for narrative appraisal assignments concerning all major real estate categories.
He has experience in valuing a variety of property types including retail, office, and industrial buildings, apartments, single-family residences, mobile home parks, gas stations, nurseries, renewable energy sites, self-storage facilities, and special purpose properties.
He has worked on many high-profile right-of-way projects, including the Los Angeles Metro Purple Line expansion, the State Route-91 Corridor Improvement Project, among many others. His work also encompasses litigation support related to potential value diminution, eminent domain, and other issues.
He has successfully appraised properties for various client groups such as public agencies (Los Angeles Department of Water and Power, Metropolitan Water District, Metropolitan Transportation Authority, cities of Riverside, Culver City, and South Gate), financial institutions, law firms, and individual property owners. In addition, he has represented property owners in assessment appeal cases. Jerardo was previously an Associate Director at integra Realty Resources – Los Angeles.
Representative Appraisal Assignments
‒ The valuation of three properties in Century City for the Los Angeles County Metropolitan Transportation Authority. The assignments included partial and full acquisition as part of the Purple Line Subway Extension Project; ‒ The valuation of a single-family residence in Beverly Hills as part of an Assessment Appeal case. Mr. Arciniega represented an out-of-state property owner at the hearing and the assessment of the property was reduced by over thirty-five percent. ‒ The appraisal of an approximately 4,250-acre property improved with a vehicle test track facility. The assignment included a highest and best use analysis, including the possibility of renewable energy redevelopment;
‒ A valuation assignment of approximately 140 properties in the Mojave Desert for partial and full acquisition.
Pro Affiliations /
Accreditations
‒ Member: Appraisal Institute
(MAI No. 480323)
‒ Licensed: California Certified
General Real Estate Appraiser
No. AG042445
‒ Member: International Right of
Way Association
Education
‒ B.A., Economics (Cum Laude),
California State University,
Northridge
Agreements for Professional Services to perform As-Needed Professional R... Page 307 of 1755
Agreements for Professional Services to perform As-Needed Professional R... Page 308 of 1755 Inland Empire Regional Office ∙ 3850 Vine Street ∙ Suite 200 ∙ Riverside, CA 92507 Thank you,
City of Indio,
for reviewing our WORK PROPOSAL!
Contact Information:
Darcy Mendoza, R/W-NAC, SR/WA | Project Manager
[email protected] | (951) 321-4748
*[email protected] for questions related to this proposal Photo Credit: Chad Van Horn for Palm Springs Life – “Downtown Indio Undergoes Major Transformation”
Agreements for Professional Services to perform As-Needed Professional R... Page 309 of 1755 IND-PSA rev20221214 Epic Land Solutions, Inc.
Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
Agreements for Professional Services to perform As-Needed Professional R... Page 310 of 1755 Epic Land Solutions, Inc.
COST PROPOSAL for
City of Indio
On-Call Professional Right of Way Services
Submitted on May 8, 2024
Inland Empire Regional Office ∙ 3850 Vine Street∙ Suite 200 ∙ Riverside, CA 92507 Photo Credit: Chad Van Horn for Palm Springs Life – “Downtown Indio Undergoes Major Transformation”
Agreements for Professional Services to perform As-Needed Professional R... Page 311 of 1755 Epic Land Solutions, Inc. | Cost Proposal
City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 1 of 4 Hourly Billing Rates
Title/Classification
Direct
Labor OH Profit
Fully Loaded
Rate
Project Manager $60.10 166.09% 10% $175.91
Assistant Project Manager $48.08 166.09% 10% $140.73
Senior Right of Way Agent $43.27 166.09% 10% $126.65
Right of Way Agent $32.21 166.09% 10% $94.28
Document Specialist $28.85 166.09% 10% $84.44
GIS Analyst $45.67 166.09% 10% $133.68
Utility Services Manager $57.69 166.09% 10% $168.86
Utility Coordinator $35.10 166.09% 10% $102.74
Budget & Financial Controls $40.87 166.09% 10% $119.63
The rates above reflect the direct salary rates for individuals that are currently anticipated to participate in work under this contract. The actual rate billed shall be based on the direct salary of the individual having performed the work, plus overhead and profit. EPIC reserves the right to re-calculate staff billing rates annually at the beginning of each calendar year. Staff billing rates provided include the Federal Acquisition Regulations (FAR) approved overhead rate for EPIC and are suitable for state and federally funded projects. If the NTP is received after 120 days from this proposal, fees and billing rates may require revision.
Other Direct Costs Rate
Mileage At IRS Allowable
Postage/Overnight Delivery At Cost
Property Ownership and Tenant Data At Cost
Outside Services (Vendors & Subconsultants) At Cost
Appraisal Reports/Appraisal Review Certificates Fixed Fee, At Cost Preliminary Title Reports Fixed Fee, At Cost
Typical Cost Ranges for Appraisal Assignments
The table below provides a sampling of our most typical appraisal assignments and their typical fee range.
EPIC assumes each appraisal assignment will be performed in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book), and the Appraisal Institute’s Code of Ethics, where applicable.
Property Type Typical Appraisal
Fee Range
Typical Appraisal Review
Fee Range
Single Family Residential $750 - $4,500 $750 - $1,500
Multi-family 2 to 4 units $1,250 - $4,500 $750 - $1,500 Multi-family 5 to 20 units $1,500 - $5,500 $1,000 - $2,000 Multi-family 21 to 100 units $2,500 to $7,000 $1,000 - $2,500 Multi-family 100+ units $7,000 to $11,000 $2,500 - $3,500 Retail Commercial $3,000 - $15,000 $1,500 - $3,500
Office $3,000 - $12,500 $1,500 - $3,500
Industrial Warehouse / Business Park $3,000 - $11,000 $1,500 - $3,500 Land $3,000 - $10,000 $1,500 - $3,500
Agreements for Professional Services to perform As-Needed Professional R... Page 312 of 1755 Michael Baker International Hourly Rate Schedule
Two Man Survey Crew: $340/hour
One Man Survey Crew: $210/hour
Project Manager (PLS): $275/hour
Office Support: (PLS) $200-250/hour
Office Support: (LSIT) $175-200/hour
Office Support: (Survey Tech) $150-175/hour
The hourly rates shown above are subject to a five percent (5%) annual escalation commencing January 1, 2025, and annually thereafter based on Michael Baker International market adjustment protocol.
Blueprinting, reproduction, messenger service, and other direct expenses will be charged as an additional cost plus ten percent (10%). Vehicle mileage will be charged as an additional cost at the IRS approved rate. Overtime will be billed in accordance with Fair Labor Standards Act (FLSA) requirements.
Agreements for Professional Services to perform As-Needed Professional R... Page 313 of 1755 VALUED
ENGINEERING, INC.
Commercial Hourly Rate Sheet
Effective July 1, 2023
Staff Member Rates per hour
Principle Licensed Engineer/Surveyor, CEO $180
Jeff Meiter
Senior Civil Engineer $135
Kent Walton
Lead Civil Engineer $130
Chris Casey
Staff Inspector $120
Senior Plan Checker $120
Matthew Addington
Design Engineer $120
Joshua Hernandez
Senior CAD Drafter / Designer $105
Junior Design Engineer $95
Senior Administrative Assistant $80
Belinda Meiter
Administrative Assistant $55
Kim Gonzales
Two-man survey party $240
Two-man survey party (prevailing wage) $285
** All rates are subject to a 3% COLA beginning July 1, 2024
Agreements for Professional Services to perform As-Needed Professional R... Page 314 of 1755
VALUATION & ADVISORY SERVICES
© 2024 CBRE, Inc.
Exhibit A
Schedule of Hourly Rates
John G. Ellis, MAI, CRE, FRICS $450 /hour for appraisal and consulting Executive Vice President $600 /hour for trial preparation and expert testimony Beth B. Finestone, MAI, AI-GRS, FRICS, CRE $400 /hour for appraisal and consulting Executive Vice President $475 /hour for trial preparation and expert testimony Adam Bogorad, MAI $375 /hour for appraisal and consulting First Vice President $450 /hour for trial preparation and expert testimony Rick Donahue, MAI $375 /hour for appraisal and consulting First Vice President $450 /hour for trial preparation and expert testimony Jerardo Arciniega, MAI $300 /hour for appraisal and consulting Vice President $350 /hour for trial preparation and expert testimony Thomas G. Richardson, MAI $300 /hour for appraisal and consulting Vice President $350 /hour for trial preparation and expert testimony Other Vice Presidents $250 to $300 /hour
Senior Associates, Senior Valuation Associates, $150 to $225 /hour and Senior Valuation Analysts
Administrative Staff $120 /hour
Rates are effective through the duration of the contract with the City
Agreements for Professional Services to perform As-Needed Professional R... Page 315 of 1755 Inland Empire Regional Office ∙ 3850 Vine Street ∙ Suite 200 ∙ Riverside, CA 92507 Thank you,
City of Indio,
for reviewing our COST PROPOSAL!
Contact Information:
Darcy Mendoza, R/W-NAC, SR/WA | Project Manager
[email protected] | (951) 321-4748
*[email protected] for questions related to this proposal Photo Credit: Chad Van Horn for Palm Springs Life – “Downtown Indio Undergoes Major Transformation”
Agreements for Professional Services to perform As-Needed Professional R... Page 316 of 1755 IND-PSA rev20221214 Epic Land Solutions, Inc.
Addendum 1 - Insurance
Page | 1
ADDENDUM “1”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
Agreements for Professional Services to perform As-Needed Professional R... Page 317 of 1755 IND-PSA rev20221214 Epic Land Solutions, Inc.
Addendum 1 - Insurance
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
Agreements for Professional Services to perform As-Needed Professional R... Page 318 of 1755 IND-PSA rev20221214 Epic Land Solutions, Inc.
Addendum 1 - Insurance
Page | 3
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Agreements for Professional Services to perform As-Needed Professional R... Page 319 of 1755 IND-PSA rev20221214 Epic Land Solutions, Inc.
Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"
FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.
Agreements for Professional Services to perform As-Needed Professional R... Page 320 of 1755 ATTACHMENT 2
Agreement Services Agreement with
Monument ROW
Agreements for Professional Services to perform As-Needed Professional R... Page 321 of 1755 IND-PSA rev20221214 Monument ROW
Page | 1
PROFESSIONAL SERVICES AGREEMENT
FOR AS-NEEDED PROFESSIONAL RIGHT-OF-WAY SERVICES
BETWEEN THE CITY OF INDIO AND MONUMENT ROW
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of June 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Monument ROW, a California corporation, (“Consultant”).
For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by issuance of request for qualifications, the performance of as-needed professional right-of-way services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
Agreements for Professional Services to perform As-Needed Professional R... Page 322 of 1755 IND-PSA rev20221214 Monument ROW
Page | 2
(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $250,000/fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.
Agreements for Professional Services to perform As-Needed Professional R... Page 323 of 1755 IND-PSA rev20221214 Monument ROW
Page | 3
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
Agreements for Professional Services to perform As-Needed Professional R... Page 324 of 1755 IND-PSA rev20221214 Monument ROW
Page | 4
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or
Agreements for Professional Services to perform As-Needed Professional R... Page 325 of 1755 IND-PSA rev20221214 Monument ROW
Page | 5
records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general
Agreements for Professional Services to perform As-Needed Professional R... Page 326 of 1755 IND-PSA rev20221214 Monument ROW
Page | 6
and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.
To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Agreements for Professional Services to perform As-Needed Professional R... Page 327 of 1755 IND-PSA rev20221214 Monument ROW
Page | 7
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
Agreements for Professional Services to perform As-Needed Professional R... Page 328 of 1755 IND-PSA rev20221214 Monument ROW
Page | 8
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set
Agreements for Professional Services to perform As-Needed Professional R... Page 329 of 1755 IND-PSA rev20221214 Monument ROW
Page | 9
forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.
If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
Agreements for Professional Services to perform As-Needed Professional R... Page 330 of 1755 IND-PSA rev20221214 Monument ROW
Page | 10
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
Agreements for Professional Services to perform As-Needed Professional R... Page 331 of 1755 IND-PSA rev20221214 Monument ROW
Page | 11
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: Monument ROW
Attn: Amber Costello, President
200 Spectrum Center, Suite 300
Irvine, CA 92618
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
Agreements for Professional Services to perform As-Needed Professional R... Page 332 of 1755 IND-PSA rev20221214 Monument ROW
Page | 12
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
Agreements for Professional Services to perform As-Needed Professional R... Page 333 of 1755 IND-PSA rev20221214 Monument ROW
Page | 13
SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. Insurance requirements (“Addendum 1”)
2. All Exhibits and Addendums
3. All amendments
4. Consultant’s proposal, if any
5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 35. TIME OF ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 36. FEDERAL FUNDS.
In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]
Agreements for Professional Services to perform As-Needed Professional R... Page 334 of 1755 IND-PSA rev20221214 Monument ROW
Signature Page
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR AS-NEEDED PROFESSIONAL RIGHT-OF-WAY SERVICES
BETWEEN THE CITY OF INDIO AND MONUMENT ROW
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:
CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
Steven P. Graham
City Attorney
CONSULTANT
By:
Amber Costello
Its: President
Agreements for Professional Services to perform As-Needed Professional R... Page 335 of 1755 IND-PSA rev20221214 Monument ROW
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Agreements for Professional Services to perform As-Needed Professional R... Page 336 of 1755
STATEMENT OF
QUALIFICATIONS TO
PROVIDE ON-CALL
PROFESSIONAL
RIGHT-OF-WAY
SERVICES
PREPARED BY:
MONUMENT
200 Spectrum Center
Suite 300
Irvine, CA 92618
Ph: 800.577.0109
www.monumentrow.com
PREPARED FOR:
CITY OF INDIO
100 Civic Center Mall
Indio, CA 92201
SUBMITTED ON MAY 8, 2024
Agreements for Professional Services to perform As-Needed Professional R... Page 337 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 1 May 8, 2024
City of Indio
RFQ Review Panel
100 Civic Center Mall
Indio, CA 92201
Subject: Response to Request for Qualifications to provide On-Call Professional Right-of-Way Services RFQ Review Panel,
Monument is pleased to submit this response to the RFQ to provide On-Call Professional Right-of-Way Services.
Monument’s core services include project management, acquisition, relocation, property management, utility coordination, and the coordination of appraisal, appraisal review, title and escrow, environmental, and condemnation support. Monument is the right delivery partner for the City of Indio as demonstrated briefly below and outlined in more detail in our proposal.
Our Team. Monument is proposing our most experienced Project Manager, Kim Bibolet to lead the team in day-to-day project management. Kim will be supported by Program Director and Principal-In-Charge Joey Mendoza, and Property Management Manager, Curtis Bibolet. This leadership team will be supported by our local team of agents, most of which are local to the City.
Similar Experience. Our portfolio of projects include a variety of capital improvement projects for cities, counties, transportation agencies and municipalities in the Coachella Valley and Inland Empire, with an emphasis on projects involving state and federal funding that require compliance with the Caltrans Rightof-Way Manual. Specifically, Monument has extensive experience serving local municipalities and agencies such as SBCTA, RCTC, CVAG, and the cities of La Quinta, Murrieta, Colton, to name a few.
We are Local. Monument’s team members are within short driving distance of the City. Local presence equates to quick response times for in-person meetings, hand delivery of important documents between the parties, and in person meetings with property owners and tenants.
Monument can agree to the terms of the Agreement and meets the insurance requirements. Our President and CEO, Amber Costello, is authorized to sign contracts for the firm. She can be reached electronically at acostello@ monumentrow.com or directly at 562.260.0507. Kim Bibolet will be the designated day to day Project Manager for the City. She can be reached at 951.963.6406 or electronically at [email protected].
Monument was established with the intent to provide true expertise and focused client service. That is exactly what we do. We are confident that the attached proposal clearly identifies the ways in which Monument can fulfill the needs of the City. We look forward to serving the City of Indio.
Warmly,
Amber Costello,
President and CEO
Monument
Agreements for Professional Services to perform As-Needed Professional R... Page 338 of 1755
TABLE OF CONTENTS
COVER LETTER
SECTION ONE
STATEMENT OF QUALIFICATIONS
• FIRM INTRODUCTION
• EXPERIENCE AND QUALIFICATIONS
• THE MONUMENT TEAM
02 SECTION TWO
SCOPE OF WORK
• UNDERSTANDING OF NEED
• TECHNICAL APPROACH
13 SECTION THREE
APPENDICES
• RESUMES
SECTION FOUR
COST PROPOSAL (SUBMITTED SEPARATELY)
Agreements for Professional Services to perform As-Needed Professional R... Page 339 of 1755 Section One
Statement of Qualifications
Agreements for Professional Services to perform As-Needed Professional R... Page 340 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 2
FIRM INTRODUCTION
Monument, a DBE, SBE and WBE certified firm, is a fullservice real estate and right-of-way company providing exceptional service, strategic planning, innovation
and timely delivery. We serve local, state and federal
agencies, transportation authorities and engineering
partners with public infrastructure projects throughout California. At Monument, we understand the difference an experienced, solutions-minded right-of-way partner can bring in achieving the goals and objectives of a project and that’s exactly what we are. We have successfully delivered hundreds of projects that include all of the services in the RFQ as a Team, with our success attributed to our Company motto. . . we listen, we innovate, we deliver.
Monument is more than your typical right-of-way company. Our team is comprised of the best in the industry, most with over 25 years in the business and leaders of some of the largest and most complex projects delivered in the State of California. The Monument team is known in the industry for successfully completing projects on an accelerated schedule. We accomplish this with early project planning, a clear scope of work, defined project tasks and deliverables, quality control, exceptional performance, and communication with the client and project partners.
We know the importance of collaborating with stakeholders to ensure the successful and timely completion of each project. Monument is a project partner, equally invested in the goals and objectives of the project and fully integrated with the project team.
Monument offers the following full range of services, should the City have any additional right-of-way needs:
• Project & Program
Management
• Planning & Programming
• Property Acquisition
• Residential & Business
Relocation
FORM OF ORGANIZATION:
Corporation, DBE, SBE, and WBE
FIRM SIZE: 45+ employees
OFFICES: Irvine, Los Angeles,
Concord, and Sacramento
• Property & Asset Management
• Appraisal & Appraisal Review
• Title & Escrow
• Condemnation Support
• Feasibility Studies & Cost
Estimating
• Site Location & Corridor Analysis
• Utility Coordination
• Prior Rights Research &
Investigation
• In Lieu Staffing Support
MONUMENT HIGHLIGHTS
Monument has been supporting cities and agencies in the Coachella Valley for decades and are familiar with the uniqueness of projects in the desert communities. This includes working with the Bureau of Indian Affairs (BIA), tribal lands, homeowners associations, out-of-state owners, and housing relationships with the desert stakeholders.
We understand the scope of services the City is seeking and it’s what we do every single day. Below are some Monument highlights which demonstrate why Monument is the right choice for the City.
Our Management Team. Our Management Team includes Program Director and Principal-in-Charge, Joey Mendoza, Project Manager, Kim Bibolet, and Property Management Manager, Curtis Bibolet.
Joey Mendoza has been in the right-of-way business for over 35 years and is one of the most qualified, experienced, and knowledgeable right-of-way professionals in the state. Joey has proven success managing large teams of key leaders, support staff, and a robust subconsultant team in the delivery of multiple task orders and large programs. He is an advisor to multiple highway and transit agencies, a subject matter expert in litigation matters, and a panelist at countless conferences and conventions. There is no project too big or too small for Joey and he is an asset to any agency.
Agreements for Professional Services to perform As-Needed Professional R... Page 341 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 3 Kim Bibolet has been part of the right-of-way landscape for over 16 years. She has delivered hundreds of projects for state and local agencies, and is knowledgeable in every aspect of the right-of-way process.
Kim’s experience spans major transportation projects, such as freeway expansions involving hundreds of acquisition and relocation cases, to smaller local road improvement projects with fewer parcels but equally as complicated. Additionally, Kim has worked on countless projects with Caltrans District 8 and has a perfect record receiving right-of-way certification for her many projects. She provides strategic planning, expert risk evaluation, project planning, and flawless execution. Kim is a leader in the right-of-way industry.
Curtis Bibolet is an experienced Property Management Manager. Curtis has delivered services for major projects for CVAG, RCTC, SBCTA, OCTA and countless cities and counties over the past 15 years. Curtis is highly experienced in the management of property portfolios and maintenance. Most recently Curtis managed the portfolio of properties for RCTC and provided maintenance coordination for the City of Santa Ana. Curtis will be an asset to the City.
Demonstrated Success. The Monument Team has demonstrated experience on similar on-call contracts and concurrently manages and delivers multiple task orders on schedule and with success. Our management team has managed both small and large projects, ranging from a few acquisitions on a street widening project for the City of Indian Wells, to several hundred acquisitions and 48 relocations on SBCTA’s West Valley Connector Bus Rapid Transit Project. Additionally, Monument has worked on no less than 500 projects with Caltrans oversight in the past 30 years. Further, we have extensive experience acquiring right-of-way on tribal land and have an established relationship with the BIA. This experience delivering projects with Federal, State, and Local requirements for right-of-way services has allowed us to develop and implement many delivery strategies which benefit our clients.
Depth of Resources. We are over 45 right-of-way professionals strong and growing every year. We like to say our team works smarter, not harder, and our results prove our methodology works. Our team is made up of some of the most experienced project managers, acquisition and relocation agents, business relocation experts, and subject matter experts in Caltrans oversight, utility coordination, DWR, and many other disciplines. We offer in-house services including land survey, GIS, and appraisal review. Our professionals actually teach the right-of-way courses and we present at national conferences. We are really good at what we do!
Monument Toolbox. We utilize a custom Integrated Project Management system (IPM) that provides visibility, accountability and organization at every phase of the right-of-way delivery process. Our IPM contains realtime acquisition, relocation, and property management information, critical milestone dates, key documents, status reporting, cost data and compliance workflows to manage the end-to-end delivery process. Everyone from our clients, to our management team, to our field agents becomes aligned with the project goals and objectives.
We are Well Trained and Certified. One of the many reasons Monument is so efficient is our agents are cross trained in both acquisition and relocation services. This allows our team to work more efficiently because our agents understand the full process from the first contact, to assisting with a relocation move.
This also increases our agents’ capacity since our resources can be shared to ensure the ultimate client service. In addition to our real estate licenses, most of our agents have completed extensive coursework through the International Right-of-Way Association (IRWA) and have earned professional designations. These include the RWA, RWP, SR/WA, R/W-NAC, R/W-RAC, and R/W-AMC, and PMP.
Now that you’ve had an introduction to Monument, it’s time to dive in and learn about our experience and how we accomplish successful project delivery.
Agreements for Professional Services to perform As-Needed Professional R... Page 342 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 4
EXPERIENCE AND QUALIFICATIONS
Monument’s proposed Team has been part of the Southern California business landscape for decades and has delivered right-of-way services on hundreds of projects. Our portfolio of projects include a variety of capital improvement projects for cities, counties, transportation agencies, and municipalities, with an emphasis on projects involving state and federal funding, and in many cases, require compliance with the Caltrans Right-of-Way Manual.
Monument has extensive experience serving local municipalities and agencies similar to the City, such as RCTC, CVAG, SBCTA and the cities of La Quinta, Indian Wells, and Palm Desert. We know cities require the ability to shift quickly, be flexible, innovative and highly collaborative. That is exactly what we do.
The following table demonstrates a sample of some of the recent and relevant projects that our key team members have worked on. For each of these projects, Monument’s deliverables were similar to that requested by the City and provided on time and within budget.
PROJECT NAME
AGENCYPROJECT MANAGEMENTAPPRAISAL SERVICESACQUISITIONRELOCATIONSURVEYTITLE & ESCROWEMINENT DOMAIN SUPPORT
RAMON ROAD WIDENING
Cities of Palm Springs and Cathedral City
SR-60 / POTRERO BOULEVARD NEW INTERCHANGE, PHASES 1
City of Beaumont
PERRIS VALLEY LINE COMMUTER RAIL EXTENSION
Riverside County Transportation Commission
MOUNT VERNON VIADUCT REPLACEMENT
San Bernardino County Transportation Authority
WEST VALLEY CONNECTOR PROJECT
San Bernardino County Transportation Authority
RIVERSIDE DRIVE STREET REHABILITATION PROJECT
City of Chino
LAUREL ST GRADE SEPARATION AND I-10 TIPPECANOE AVE INTERCHANGE San Bernardino County Transportation Authority
SANTA ANA RIVER TRAIL
Riverside County Transportation Commission
I-15/RAILROAD CANYON ROAD INTERCHANGE IMPROVEMENTS
Riverside County Transportation Commission
MADISON AVENUE IMPROVEMENT PROJECT
City of Murrieta
GUAVA STREET BRIDGE REPLACEMENT PROJECT
City of Murrieta
MEADOWLARK ROAD IMPROVEMENT PROJECT
City of Murrieta
RIVERSIDE DRIVE STREET REHABILITATION PROJECT
City of Chino
BENSON SEWER STATION PROJECT
City of Chino
LA CADENA OVER SANTA ANA RIVER BRIDGE IMPROVEMENT PROJECT City of Colton
ONTARIO AIRPORT TUNNEL PROJECT
San Bernardino County Transportation Authority SR-91 CORRIDOR IMPROVEMENT PROJECT
Riverside County Transportation Commission
Agreements for Professional Services to perform As-Needed Professional R... Page 343 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 5 To further demonstrate our experience, we have included more detailed information on a few of our projects that we feel are similar to those projects contemplated by the City. These include the following:
RAMON ROAD WIDENING
CITIES OF PALM SPRINGS AND CATHEDRAL CITY
Kim Bibolet and Monument Team members provided comprehensive right-of-way services for the widening of Ramon Road between San Luis Rey Drive in Palm Springs and Landau Boulevard in Cathedral City. As mentioned briefly in the past section of this proposal, the project included the widening of the bridge over Whitewater River and right-of-way services for 26 properties, including Bureau of Indian Affairs (BIA) tribal land. Kim oversaw appraisals and reviews, acquisition, title services, escrow oversight, Caltrans certification, eminent domain support, utility coordination and potholing oversight, as well as coordination with BIA and Coachella Valley Water District.
SR-60/POTRERO BOULEVARD NEW INTERCHANGE, PHASE 1
CITY OF BEAUMONT
This interchange project included a new 6-lane Potrero Boulevard overcrossing with a temporary connection to Western Knolls Avenue. Phase 1 included a deceleration lane and acceleration lane along westbound SRIn addition to our demonstrated experience in the table on the previous page, the Monument Team are also experts in Caltrans regulations and requirements and we have worked on hundreds of transportation projects with Caltrans oversight. In fact, Monument is currently managing over 500 parcels with Caltrans oversight throughout California.
Specifically, we have a great relationship with District 8. We are currently working with District 8 on 5 active projects.
The following list highlights our Caltrans experience delivering similar projects:
• SR-91 Corridor Improvement Project, RCTC
• SR-91 HOV Gap Closure Project, RCTC
• I-15 Express Lanes Project, RCTC
• I-215 Widening Project, RCTC
• SR-74 at I-215 Interchange Project, RCTC
• Project Approval and Environmental Document
(PA&ED) for Route 79 Realignment, RCTC
• Plans, Specifications & Estimates (PS&E)
for SR-60 Truck Climbing/Descending Lane
Project, RCTC
• Perris Valley Line Metrolink Extension Project,
RCTC
• I/15 Railroad Canyon Interchange, RCTC
• Main Street Construction Management,
City of Lake Elsinore
• North First Avenue Bridge Replacement Over
Mojave River, City of Barstow
• PS&E I-10/Singleton Interchange Adding
Missing Ramps Project, City of Calimesa
• Bundy Canyon Road/Scott Road Widening,
City of Menifee
• Temescal Canyon Bridge Over Temescal Wash
Replacement Project, City of Lake Elsinore
• I-15 Congestion Relief Auxiliary Lanes,
City of Temecula
• SR-60/Potrero Boulevard New Interchange,
City of Beaumont
• Guava Street Bridge Replacement,
City of Murrieta
• Auto Center Drive Grade Separation,
City of Corona
• Project Approval and Environmental Document
for Juan Bautista de Anza National Historic
Trail Extension, City of Moreno Valley
RELEVANT CALTRANS EXPERIENCE
Agreements for Professional Services to perform As-Needed Professional R... Page 344 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 6 60 at the Western Knolls Avenue access point. Kim managed the right-of-way team through both phases, providing title clearance, property rights acquisition negotiations, utility research and relocation coordination, eminent domain support, and Caltrans Level 1 Certification.
PERRIS VALLEY LINE COMMUTER RAIL EXTENSION
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
This project continued rail service of the existing Metrolink 91 Line service for 24 miles from the downtown Riverside station to south Perris, with four new stations constructed at Riverside Hunter Park, Moreno Valley/March Field, Downtown Perris and South Perris. This project also included 21 fee acquisitions, 16 easements, and 53 utility relocations. Kim served as the Project Manager, assisting RCTC in securing the land rights for construction, including preparation of the Real Estate Acquisition Management Plan, reporting progress to the FTA, and managing her team in procurement of permits to enter, preliminary title reports, coordinated appraisals and appraisal reviews, and provided acquisition negotiations.
MOUNT VERNON BRIDGE REPLACEMENT
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
As part of the right-of-way requirements for this bridge replacement project, Joey and Kim coordinated the BNSF’s review of the plats and legals for the project and execution of the agreement that addressed the temporary and permanent property conveyances between SBCTA, BNSF, and the City of San Bernardino which are necessary in order to provide for the new bridge width and length, to allow access to work areas, and to fully mitigate the impacts to BNSF. The Monument Team also executed a 3rd Party Agreement between BNSF Railway, the City, and SBCTA, which specified the roles and responsibilities and funding commitments amongst the parties during design, construction and maintenance periods. In addition, a Construction and Maintenance Agreement was also executed with SCRRA for the general design and construction parameters for the Mt. Vernon Viaduct project where it crosses SCRRA lines. This Agreement provides work windows, review times, and clearance requirements for SBCTA’s DB contractor to plan and design their work, and commits SCRRA and SBCTA to work together through the development of final plans, demolition, and new bridge construction.
WEST VALLEY CONNECTOR BUS RAPID TRANSIT
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
The San Bernardino County Transportation Authority (SBCTA) has started construction of the West Valley Connector Project, a 35-mile-long bus rapid transit project that would decrease travel times and improve the existing public transit system within the corridor. This project includes up to 60 station platforms at 33 locations and major intersections, and a new operation and maintenance facility.
The right-of-way program involves the acquisition of 40 full takes consisting of commercial, industrial, automotive repair and residential properties, resulting in the displacement of approximately 49 residential households and small businesses. In addition, the project requires partial acquisition from approximately 240 parcels consisting of permanent and temporary property rights. Many of these acquisitions involve complex challenges due to the loss of parking, variances to meet building setback requirements, and impacts to businesses due to construction interference.
Agreements for Professional Services to perform As-Needed Professional R... Page 345 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 7 Monument is responsible for plan development, implementation and management of this comprehensive right-ofway program. This includes coordination with FTA, SBCTA and the design team, and management of a full spectrum of right- of-way services. During the initial phase, Monument prepared the RAMP for FTA approval, established the sub consultant procurement process, created right-of-way delivery schedule and identified critical risks on the project.
LA CADENA OVER SANTA ANA RIVER BRIDGE REPLACEMENT
CITY OF COLTON
Monument provided project management and planning, acquisition, and relocation services as referenced previously. Monument also provided utility relocation coordination services to coordinate the relocation of electric, cable, gas, and waterline facilities prior to construction and Caltrans Certification. A utility matrix was prepared to identify utility owners, descriptions of facilities, dispositions, and initial liability determinations. The Monument Team coordinated with affected agencies and utility owners to obtain permits, approvals, and necessary agreements for relocations. This project was a big success given the volume and complexity of the utilities impacted.
REFERENCES
Monument has established an impeccable reputation with our clients, and we look forward to building a relationship with the City of Indio. Per the RFQ, we provide the following references to demonstrate that Monument is the right team to support the City’s on-call right-of-way needs.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
HECTOR CASILLAS
Sr. Right-of-Way Analyst
t: 951.787.7141
e: [email protected]
ON CALL RIGHT-OF-WAY SUPPORT SERVICES | 07/2022 - 07/2025 Scope: Project Management, Acquisition, Relocation, Appraisal, Right-of-Way Engineering, Property Management
Similarities to RFQ: This is a full service on-call agreement for right-of-way services, including project management, acquisition, relocation, appraisal, survey, cost estimating, and property management.
COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS
RANDY BOWMAN
Program Manager
t: 760.346.1127
e: [email protected]
ON CALL RIGHT-OF-WAY COORDINATION | 04/2024 - 04/2027
Scope: Project Management, Acquisition, Relocation, Appraisal, Right-of-Way Engineering, Property Management
Similarities to RFQ: This is a full service on-call agreement for right-of-way services, including project management, acquisition, relocation, appraisal, survey, cost estimating, and property management.
CITY OF MURRIETA
JEFFREY J. HITCH, PE
City Engineer
t: 951.461.6076
e: [email protected]
ON CALL RIGHT-OF-WAY SERVICES | 06/2023 - 06/2026
Scope: Project Management, Acquisition, Relocation, Appraisal, Right-of-Way Engineering, Property Management
Similarities to RFQ: This is a full service on-call agreement for right-of-way services, including project management, acquisition, relocation, appraisal, survey, cost estimating, and property management.
NAI CONSULTING
JOSH NICKERSON, PE
Senior Engineer
t: 760.323.5344
e: [email protected]
RAMON ROAD WIDENING | 2016 - 2021
CITY OF PALM SPRINGS AND CATHEDRAL CITY
Scope: Project Management, Acquisition, Relocation, Appraisal Coordination Similarities to RFQ: This local project included project management, acquisition, relocation, and appraisal.
Agreements for Professional Services to perform As-Needed Professional R... Page 346 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 8 THE MONUMENT TEAM: A DEPTH OF EXPERIENCE
Our proposed team is made up of highly experienced professionals who are seasoned in project delivery similar to the projects contemplated by the City of Indio. We have reviewed the City’s Capital Improvement Program and specifically tailored our Team to meet the City’s upcoming project goals. We are proud to present the following team to deliver the City’s projects.
Program Director and Principal-In-Charge, Joey Mendoza. Joey has been in the right-of-way business for over 35 years and is one of the most qualified, experienced, and knowledgeable right-of-way professionals in the state. Joey has proven success managing large teams of key leaders, support staff, and a robust subconsultant team in the delivery of multiple task orders on both large and small programs. Joey will serve as a resource to Kim as needed and will be responsible for ensuring client satisfaction, resource allocation, and schedule and budget management.
Project Manager, Kim Bibolet. Kim will be responsible for the day-to-day management of the projects and delivery team. Kim was selected based on her extensive experience establishing and managing right-of-way programs throughout the Coachella Valley and Inland Empire and her proven ability to manage the magnitude and potential complexity of upcoming City projects. Kim’s successful delivery of local projects in the past makes her the clear choice for future success.
Property Management Manager, Curtis Bibolet. Curtis Bibolet is a seasoned property manager with over 15 years of experience for local government agencies including San Bernardino County Transportation Authority and Riverside County Transportation Commission. Curtis has demonstrated experience managing large portfolios of properties, local property maintenance vendors, property management and maintenance.
This management team will be supported by an incredible group of Monument Staff and Subconsultants, all of whom have years of experience in their fields. We are proud to include:
9 Fee Appraiser - Rick Donahue, CBRE and Christie Santolucito, Santolucito Dore Group
9 Review Appraiser - Vaughn Hosmann, Monument
9 Right-of-Way Engineering - John R Duquette, Micheal Baker and Tim Fettig, GUIDA
9 Title and Escrow - Wayne Griffin, Commonwealth Title and Land Company Monument’s interdisciplinary team has decades of experience, extensive local knowledge, and working relationships with other local agencies throughout Southern California. Our Team is trained and well versed in federal and state law and regulations and adept in property negotiation, relocation assistance, valuation, project management, property management, and related right-of-way disciplines.
The Monument Team is unparalleled in experience and success.
An organizational chart delineating team roles and responsibilities as well as committed proposed staff are included on the next page.
EXPERTS SERVING THE
COACHELLA VALLEY
EXPERIENCED WITH ONCALL TASK ORDERS AND
CONTRACT MANAGEMENT
RIGHT-OF WAY & UTILITY
COORDINATION EXPERTS
OVER 25 LICENSED LOCAL
AGENTS
ADDITIONAL SERVICES
INCLUDE GIS, PROPERTY
MANAGEMENT
MONUMENT’S
TEAM
AT A GLANCE
CONCISE TEAM WITH
ADDITIONAL RESOURCES
AS NEEDED
CALTRANS DISTRICT 8
EXPERTS
Agreements for Professional Services to perform As-Needed Professional R... Page 347 of 1755 9 City of Indio | Statement of Qualifications to Provide On-Call Professional Right-of-Way Services
ORGANIZATIONAL CHART
PROGRAM DIRECTOR /
PRINCIPAL-IN-CHARGE
Joey Mendoza, Broker ∆
PROJECT MANAGER
Kim Bibolet, SR/WA,
R/W-NAC ∆
ACQUISITION AND RELOCATION APPRAISAL
Daniela Borbe
PMP
SENIOR AGENT
Rick Donahue, MAI
CBRE
APPRAISAL
Christie Santolucito
Santolucito Dore Group
APPRAISAL
Vaughn Hosmann,
SR/WA
Monument
APPRAISAL REVIEW
RIGHT-OF-WAY
ENGINEERING TITLE AND ESCROW
Grifin Wayne
Commonwealth Title
and Land Company
Legend: ∆ KEY PERSONNEL
Tim Fettig, PLS
GUIDA
SURVEYOR
John R Duquette, LS
Michael Baker
SURVEYOR
Patti Feist
SR/WA, R/W-RAC
SENIOR AGENT
Ramie Dawit
RWP
SENIOR AGENT
PROPERTY MANAGEMENT
Curtis Bibolet ∆
RWA, R/W-RAC
PROPERTY
MANAGEMENT MANAGER
Pete Castelan
FIELD AGENT
July Yokogawa
SR/WA
SENIOR AGENT
Cami Stigall
RWA
AGENT
Alex Flores
RWA
AGENT
Ryan Humphrey
AGENT
Jesse Ortiz
RWA, R/W-RAC
SENIOR AGENT
Haben
Woldemariam
RWA
AGENT
PROJECT SUPPORT
Inez Garcia
PROJECT SUPPORT
Tiffany McCloud
PROJECT SUPPORT
Kristine Sander
PROJECT SUPPORT
City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 10
JOEY MENDOZA, PROGRAM DIRECTOR & PRINCIPAL-IN-CHARGE
Role: Joey will serve as a resource to Kim as needed and will be responsible for ensuring client satisfaction, resource allocation, and schedule and budget management.
Joey Mendoza is recognized in the right-of-way industry for his ability to strategically formulate innovative solutions, generate cost saving initiatives and create efficient and effective right-ofway programs. Joey has amassed a wealth of project management experience in his over 35 years in the industry. This experience ranges from local street improvement projects to major design-build highway projects.
Joey has successfully delivered countless Caltrans on-system and off-system projects, including the SR-91 Corridor Improvement Project (RCTC), I-15 Express Lanes Project (RCTC), Mount Vernon Viaduct Project (SBCTA), I-215 HOV Gap Closure Project (SBCTA), and Laurel Avenue Grade Separation (SBCTA). Joey has earned the trust and respect of his clients with sound advice and flawless execution based on years of experience and a dedication to saving clients money and delivering solid projects within schedule.
Joey is considered the industry leader in the preparation of detailed project management plans, cost estimates and budgetary reports for large public sector projects. He is experienced in the implementation of federal, state, and local laws, as well as the design-build and alternative delivery process, and risk management.
KEY PERSONNEL
We are proposing a leadership Team with years of demonstrated experience delivering complex projects throughout California. Our Key Personnel will remain throughout the Project and their resumes can be found in the appendices.
The following pages include bios for our Key Personnel, as well as an introduction to the rest of our delivery team.
Now lets meet the Team!
KIM BIBOLET, SR/WA, R/W-NAC, PROJECT MANAGER
Role: Kim will be responsible for the day-to-day management of the projects and delivery team.
Kim was selected to lead the Monument Team based on her over 17 years of experience and extensive project management and property acquisition experience in the real estate and rightof-way profession. Not only does she have the requisite experience, Kim has the credentials for the job having successfully delivered over 100 highway and capital improvement projects, most of which involved federal funds and Caltrans oversight.
Most recently, Kim served as the Project Manager for the Mt. Vernon Bridge Replacement Project for SBCTA and multiple projects for the City of Murrieta. In addition, Kim has managed multiple projects in the Coachella Valley, including the Ramon Road Widening for the City of Palm Springs and multiple projects for Cathedral City. She also delivered a major interchange project at the SR 60 for the City of Beaumont.
Kim has touched every aspect of the right-of-way profession from property negotiations, escrow coordination, title investigation and clearance, cost estimating, contract law, residential and business relocation, condemnation support, right-of-way certification, property management, property demolition, and utility oversight. This experience is the foundation of her demonstrated success in managing multi-disciplinary, complex infrastructure projects involving overlapping funding sources, Caltrans and FHWA oversight and political sensitivities.
Agreements for Professional Services to perform As-Needed Professional R... Page 349 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 11 MONUMENT’S AGENTS AND SUPPORT TEAM
The Monument Team is stacked with local talent ready to assist the City with all of its project needs. Below is a brief introduction to some of our local team.
ADDITIONAL TEAM MEMBERS EXPERIENCE
RIGHT-OF-WAY AGENTS
PATTI FEIST, SR/WA, R/W-RAC
Senior Agent
25 Years of Experience
• California Real Estate Salesperson, CA# 01810975, Multilingual • Member of IRWA, SR/WA certification, Professional Development Chair • Expert in business relocation and provides quality assurance and quality control, and acquisition
RAMIE DAWIT, RWP
Senior Agent
16 Years of Experience
• California Real Estate Salesperson, CA# 01829708, Notary, Multilingual • Member of the IRWA, and WTS
• Expert in complex acquisitions and management of multiple teams and consultants
JULY YOKOGAWA, SR/WA
Senior Agent
10 years of Experience
• California Real Estate Salesperson, CA# 01988927, Notary, Multilingual • Member of IRWA, RWP certification, working towards SR/WA • Specializes in negotiations with 100% success rate on recent projects
ALEX FLORES, RWA
Senior Agent
9 Years of Experience
• California Real Estate Salesperson, CA# 01990255, Notary, Multilingual • Member of IRWA, RWA, and coursework towards SR/WA
• Experienced agent in negotiation and complex acquisitions Under her direct leadership, Kim has acquired thousands of parcels and relocated thousands of residential and business tenants and owners. She is accustomed to managing multi-disciplinary teams consisting of acquisition and relocation agents, utility coordinators, appraisers, survey and engineering, environmental, title, escrow and coordination with legal counsel. Kim takes pride in meeting the project goals and objectives, and her clients find her proactive, creative, responsive, and a pleasure to work with.
CURTIS BIBOLET, SR/WA, R/W-AMC
PROPERTY MANAGEMENT MANAGER
Role: Curtis will be responsible for the management of all City properties as needed.
Curtis is designated as the Property Management Project Manager and will manage the City’s properties and vacant lands with a seasoned team and quality vendors. During his 15 years in the industry, Curtis has amassed experience in the Inland Empire and the surrounding local agencies. He has worked on Mount Vernon Bridge Replacement Project and State Route 55 Improvement Project and is currently working with San Bernardino County Transportation Authority on the West Valley Connector and the City of Chino on the El Prado Intersection Projects.
Curtis is experienced in property management, utility relocation, and other facets of the right-of-way process. He has worked with a wide range of public agencies and private sector clients, including Riverside County Transportation Commission, Orange County Transportation Authority, San Bernardino Transportation Authority, and Foothill/Eastern Transportation Corridor Agency.
Curtis has been managing properties for some of our biggest clients. He has managed hundreds of properties throughout the state of California and currently oversees our Property Management Team. Curtis is dedicated to ensuring his clients assets are properly maintained and cared for through his experience in coordinating property maintenance, working with vendors, and addressing any issues that arise.
Curtis adds a tremendous depth of knowledge and experience to the Monument Team, and has proven to be a trustworthy and reliable resource for his clients.
Agreements for Professional Services to perform As-Needed Professional R... Page 350 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 12
ADDITIONAL TEAM MEMBERS EXPERIENCE
RIGHT-OF-WAY AGENTS
HABEN WOLDEMARIAM, RWA
Agent
7 Years Experience
• California Real Estate Salesperson, CA# 02138220, Notary, Multilingual • Member of IRWA, RWP certification, working towards SR/WA • Experienced in residential and business relocation, and property management
CAMI STIGALL, RWA
Agent
4 Years of Experience
• California Real Estate Salesperson, CA# 02156107, Notary • Member of IRWA, RWA certification, coursework towards SR/WA • Experienced agent in property negotiations, title research and investigation and valuation analysis
RYAN HUMPHREY
Agent
4 Years of Experience
• California Real Estate Salesperson, CA# 02192623, Notary • Member of IRWA, coursework towards RWA
• Experienced acquisition agent and project coordinator
PROPERTY
MGMT
PETE CASTELAN
Property Management Field
Agent
20 Years of Experience
• Member of California Building Industry (CBI), Multilingual • Experienced in drafting and negotiation of leasing agreements and licenses, rent collection and reconciliation, data collection, coordination with escrow companies in the transfer of leases, security deposit maintenance, and coordination of vendors and subconsultants
APPRAISAL
REVIEW
VAUGHN HOSMANN, SR/WA
Appraisal Review
30 Years of Experience
• Certified General Real Estate Appraiser, State of California, License AG#043068 • Member of IRWA, SR/WA Certification
• Associate Member, Appraisal Institute (AI)
• Expert in valuation of various types residential, commercial, and industrial properties, easements, right of way acquisitions, and special purpose properties
SUBCONSULTANTS
Our amazing subconsultant partners include the following firms and their indicated staff. Each of these companies have proven experience and knowledge in their respective fields and were chosen based on their commitment to excellent delivery and years of successful collaboration with the Monument Team.
SUBCONSULTANT EXPERIENCE
RICK DONAHUE, MAI
CBRE
Fee Appraisal
Rick has been appraising in Southern California since 1977, specializing in valuation and consulting services related to public agency and right-of-way clients and for major, investment grade commercial properties and special purposes properties. He is experienced in valuing partial and full acquisitions related to eminent domain actions. These services include fee, easement and temporary easement valuations.
CHRISTIE SANTOLUCITO, R/W-AC
Santolucito Dore Group
Fee Appraisal
Christie has performed hundreds of full and partial acquisition appraisals and appraisal reviews for right of way projects for public agency clients. Property types appraised include office buildings, industrial properties, research and development buildings, retail properties, auto-related properties, mixed-use properties, residential properties, special-use properties, open space/environmentally sensitive land, agricultural land, and other types of vacant land.
TIM FETTIG, PLS
GUIDA
Right-of-Way Engineering
Tim brings over 36 years of surveying expertise as a project manager and as a licensed party chief.
He has overseen control survey networks aerial photogrammetry, and topographic design surveys; right of way and boundary surveys and mapping, preliminary title reports, title research, plotting existing encumbrances, dedications and vacations, and preparation of legal descriptions and plats.
JOHN R DUQUETTE, LS
Michael Baker
Right-of-Way Engineering
John has over 30 years of professional surveying experience with a broad background in boundary and right-of-way analysis and calculations for transportation and road improvement projects for a variety of public agencies, including right of way mapping, legal descriptions, terrestrial and aerial topographic mapping, GIS mapping, construction staking calculations, and volume calculations.
GRIFFIN WAYNE
Commonwealth
Title & Escrow Services
Griffin has been in the Title Industry for the past 19 years and currently serves as Vice President with Commonwealth Land Title Company. Griffin is a qualified title professional and holds a professional title license from the California Department of Insurance. Griffin specializes in all aspects of Title and Escrow, including Right of Way, Gas & Electric, Subdivision, Commercial/Industrial Properties, and Public Housing.
Agreements for Professional Services to perform As-Needed Professional R... Page 351 of 1755 Section Two
Scope of Work
Agreements for Professional Services to perform As-Needed Professional R... Page 352 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 13
UNDERSTANDING OF NEED
The City of Indio is seeking a professional consultant to provide a full array of real estate and right-of-way services to assist in delivering the City’s Capital Improvement Program. Monument has researched the City’s Capital Improvement Program and Adopted Operating Budget for Fiscal Year 2023/2024. We understand that right-of-way services may be required for a variety of projects, including street improvement projects, bridges, interchanges, bike and pedestrian trails, and storm drain projects.
Not only does Monument have a clear understanding of the City needs, our staff has decades of experience working throughout the Coachella Valley and the greater Inland Empire area delivering hundreds of projects. We understand the City is looking for a trusted Consultant that provides quality service and cohesiveness across projects, but also goes above and beyond in achieving the City’s objectives. We understand the City is contemplating the following projects. We have provide our demonstrated expertise delivering similar projects below:
Arts and Music Line. This project will provide nearly 9 miles of protected bicycle facilities along Avenue 48, Van Buren Street, and Dillon Road, as well as construct more than six miles of school spur lines that directly connect to 11 disadvantaged schools. The project scope includes several innovative safety features including bicycle signals with fully protected bicycle movements, raised and/or recessed bike and pedestrian crossings, and bicycle signal indicators to alert cyclists that they have been detected by the traffic signal.
We are currently working with Coachella Valley Association of Governments on the Arts and Music Line in Coachella, Indio and La Quinta at Washington Street and Dillon Road. We are providing full right-of-way services including project management, acquisition, appraisal, utility coordination, Caltrans coordination, and condemnation assistance. We understand the project and stakeholders well. This project is an example of our ability to provide the services needed by the City.
Avenue 50 Widening from Jefferson Street to Jackson Street. This project will widen Avenue 50 to four lanes wide with a center median and left turn lane between Jefferson Street and the eastern City limits east of Jackson Street. This includes a 3.25 mile segment. The improvements will also include installing curb, gutter, bike facilities, sidewalks, and driveway approaches.
Monument has delivered similar road widening projects, including the Ramon Road Widening Project for the Cities of Palm Springs and Cathedral City. The Monument Team provided full project management, acquisition, relocation, appraisal, survey, Caltrans coordination and condemnation support. This included 26 properties and complex coordination with tribal ownership. This project was successfully delivered on time and within budget.
Avenue 44 Bridge over the Coachella Valley Storm Water Channel. This project will replace the existing Avenue 44 low water crossing at the Coachella Valley Storm Water Channel with a new all weather bridge designed to meet current structural, hydraulic, and geometric standards, providing adequate capacity to carry expected future vehicular traffic. The improvements will include widening Avenue 44 from two to four lanes between Palo Verde Street to the west and Apache Street to the east.
Monument recently completed the City of Colton’s La Cadena over Santa Ana Bridge Improvement Project which This project replaced the existing La Cadena bridge over Santa Ana River to accommodate four travel lanes, a raised median, bike lane, and a sidewalk in each direction. The project also replaced the existing access to the Santa Ana River Trail (SART) parking lot and a portion of the existing bike trail connection between the SART and southbound side of La Cadena Drive. This project is similar in nature to that contemplated by the City and even included utility coordination. Monument provided full turn key right of way services for this project and the project was completed within the aggressive schedule and within budget.
#1
#2
#3
Agreements for Professional Services to perform As-Needed Professional R... Page 353 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 14
TECHNICAL APPROACH TO DELIVERING THE SCOPE OF SERVICE
APPROACH TO PROJECT PLANNING
We believe the most important items of delivery for both Monument and the City civil engineering department is clear communication of project objectives, roles and responsibility, and project controls. At the beginning of every project, Kim and Joey will create a right-of-way delivery plan that outlines the scope, cost, schedule, risk, approvals, quality and stakeholder needs of the project. With this in hand, Kim will be able to monitor the day-to-day operations of the project and provide the City with a weekly status update to ensure this time sensitive project is moving forward.
Without this plan in hand, the project delivery will be without structure and accountability.
This Management Plan includes the following areas of management:
Communication Protocols. Within the project management plan, Kim will outline the key times to communicate with each stakeholder. The communication protocols will provide direction on who has signature authority and how a settlement is processed within the City. It will also outline what key team members require project information, when, and in what form. As part of this protocol, Monument will provide status reports to City staff during monthly progress meetings.
Schedule Control. As seen in the schedule section of this proposal, Monument will create a detailed schedule. By actively managing to the schedule, Monument will anticipate where potential schedule overruns may occur and develop a course of corrections to get the project back on track. Monument staff will meet weekly to review and update the schedule progress in order to identify and mitigate any anticipated delays. Schedule updates will be shared with the City staff during weekly meetings as well as monthly progress meetings.
Risk Management. Kim is a risk management expert. The key to risk management is not only identifying the various risks but determining their probability and impact. If a risk has a high probability of occurring, and the impact to the project scope, cost, or schedule is high, then the project team will need a strong mitigation strategy to offset the impacts if the risk occurs. Monument will coordinate closely with the City to review and discuss any perceived design issues that may increase the potential for risk as the project progresses. Risk management is not a one-time event, and risk will be monitored throughout the course of the project.
Quality Control. Monument has a full quality control program in place to ensure this project meets the City’s rigorous quality expectations. Quality is not just crossing the I’s and dotting the T’s. It involves a thorough review and confirmation of the information written in the various documents. Monument uses checklists to ensure each document is prepared properly, and each file has the proper information to ensure all of the Uniform Act standards are met. This process will allow for the final right-of-way package to be promptly and efficiently delivered upon acquisition of all necessary property rights.
Cost Management. Capital and consultant costs can easily spiral out of control on an accelerated project. Monument will monitor the project budget on a weekly basis, and highlight capital costs concerns as the negotiations with the property owners continue through the project.
Agreements for Professional Services to perform As-Needed Professional R... Page 354 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 15
APPROACH TO PROJECT MANAGEMENT
Once the project plan is in place, Kim will work closely with the City in performing the right-of-way services and establishing work processes to manage and coordinate this effort to ensure that deliverables and services meet the schedule and quality standard. This includes the following:
9 Participate in a Right-of-Way Kick Off meeting with the City to ensure design, appraisal and right-ofway impacts are coordinated and on schedule, establish lines of communication, project reporting requirements, as well as listen to and address any concerns the City may have. 9 Coordinate regularly with the City, design engineers and surveyors in the performance of right-of-way engineering, and other project stakeholders to ensue project progress. 9 Provide oversight for all right-of-way acquisition activities to ensure timely and accurate performance of real estate activities.
9 Deliver written progress status reports for cases and monitor and update project schedules after a comprehensive quality review and check.
APPROACH TO RIGHT-OF-WAY ENGINEERING AND SURVEY
Right of Way Engineering and Survey services will be provided by Monument’s subconsultants Michael Baker and GUIDA. In the event there are competing projects we believe it is best to have multiple qualified resources. Services may include, but are not limited to, the following:
9 Provide legal description and plat preparation for various right-of-way acquisition products including, but not limited to: Appraisal Maps, fee parcels, permanent easements, temporary construction easements, Joint Use Agreements, Consent to Common Use Agreements, and eminent domain. 9 Provide flagging and staking support for right-of-way acquisition needs. 9 Both subconsultants understand the nature of flagging requests—they are often on short notice, and can have a wide variation in scope of request.
9 Property lines cannot be staked until adequate survey data is collected and evaluated by a licensed land survey or and should not be staked unless supported by found monuments. Mark Thomas and GUIDA will either perform a boundary survey and develop a landnet that will support any property line staking, or will be provided with a satisfactory existing boundary survey or landnet to support any flagging.
APPROACH TO APPRAISAL SERVICES
Fee Appraisals. Upon receipt of legal descriptions and plat maps from the City, Monument will issue Notices of Decision to Appraise to each impacted property owner and arrange for a property inspection of the parcels requiring permanent acquisitions and temporary property rights. CBRE and Santolucito Dore Group will investigate the project requirements, affected improvements, curative measures, and work with the owners to ensure they are given the opportunity to furnish any information that may be beneficial to the appraiser. Upon completion of the inspection,
Agreements for Professional Services to perform As-Needed Professional R... Page 355 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 16 CBRE and Santolucito Dore Group will analyze the project impacts and comparable property values to determine an opinion of Fair Market Value that will conform to USPAP standards.
During the appraisal process, Kim will be responsible for managing the following appraisal procedures:
9 Verifying the right-of-way requirements and property rights needed with design engineering and coordinate with other disciplines to identify priority parcels. Joey will group properties into bulk assignments to maximize efficiency, costs, and timing.
9 Preparing the appraisal scope (complexity, clear outline of what is being appraised as real property versus personal property and report format), fees, and timing on a property-by-property basis. 9 Coordinating with the Monument Team to issue appraisal notices to property owners and conduct field reviews of property issues with the appraiser.
9 Making weekly contact with the appraiser to update progress, identify needs and problems and update appropriate project tracking databases with new information and address challenges with the City.
All appraisals will be prepared in accordance with 49 CFR Part 24 and in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). A single “self-contained” appraisal report will be prepared for each property acquisition that will contain relevant project related data, subject property information, market comparables and an analysis of the appraiser’s value conclusions.
Appraisal Review. Upon completion of each appraisal, Monument’s own Vaughn Hosmann will review each appraisal report to ensure the appraisal meets minimal reporting requirements under the applicable regulations.
This includes preparation of a separate review report stating findings, concurrence (or not) with the fair market value conclusion, and recommendation of approval of a Statement of Just Compensation to the City. The appraisal reviews will be completed in a timely fashion to avoid delay to project timelines and goals.
Agreements for Professional Services to perform As-Needed Professional R... Page 356 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 17
APPROACH TO THE ACQUISITION PROCESS
The Monument team has acquired tens of thousands of parcels and easements for our clients across California.
Acquisition is one of Monument’s core strengths and we are well known for our ability to negotiate effective and efficient settlements with property owners. We take pride in the fact that our acquisition agents settle property negotiations at a rate of 96%. This has saved our clients thousands of dollars in costly, prolonged litigation. How do we accomplish this? Well, our Team is composed of licensed brokers and real estate agents who are seasoned right-of-way professionals with advanced and continuous training in the art of integrative negotiations, relationship building, and technical procedures. This Team has a depth of experience with the acquisition of various property types and a high volume of acquisitions on their resumes. Most recently these include over 225 acquisitions for Laguna Beach Sewer Realignment Project (98% success rate), 288 for the I-405 Improvement Project (96% success rate), and 281 for the 91 Corridor Improvement Project (92% success rate).
Preparation of Offer Package. Kim will complete a thorough review of both the appraisal and the appraisal review, as well as the title report and underlying documents, vesting information, and other relevant documents for the preparation of the City’s purchase offer packages. Each offer package will contain the City’s written offer letter, Appraisal Summary Statement, Statement of Just Compensation, acquisition brochure, proposed Right-ofWay Contract and deeds, Title VI, if applicable, and an itemized list of Improvements Pertaining to the Realty, if applicable. Before submitting offer packages to the City for approval, Monument’s QA/QC Manager will perform a comprehensive review to ensure all documents contained in the package comply with required laws and regulations and meet the City’s quality standards.
Negotiations. Monument’s agents will contact the property owner(s) and, if possible, meet with the owner in person at a convenient location to present the City’s offer within two (2) weeks after receipt of the approved appraisal and determination of just compensation by the City. During this meeting, the agent will discuss the project, explain the property rights affecting the property, review the proposed project design, present the offer to purchase, review the salient information in the appraisal report, review the terms of the ROW Contract and answers any questions or concerns the owner may have concerning the process. An informational brochure explaining the acquisition process will also be provided. Immediately following this meeting.
Owners will be given reasonable opportunity to consider offers, present materials they believe are relevant to determining property values, and suggest modifications in the proposed terms and conditions of the purchase. Every reasonable effort will be made to acquire the necessary real property rights expeditiously through negotiations. Our agents will proactively communicate with the property owner on a regular basis, meet in person when necessary, and respond to any questions, concerns or clarifications requested by the property owner. We will establish a file and maintain a parcel diary/log to record all communications with the property owner and/or the property owner’s representative. If an amicable agreement is reached with the property owner, we will prepare a memorandum transmitting the owner’s signed agreement and executed deeds to sell the property, for review and approval by the City. Upon the City’s acceptance, Monument will prepare a memorandum transmitting the agreement and deeds to the escrow company to initiate the escrow due diligence process.
APPROACH TO RELOCATION SERVICES
Monument will provide relocation services to assure that displaced individuals and businesses promptly receive relocation benefits consistent with the Uniform Relocation and Real Property Acquisition Act; the California Relocation Assistance and Real Property Acquisition Guidelines, Federal, State, and local regulations, Caltrans policies and procedures, and City’s Right-of-Way Policies and Procedures, where applicable. The Monument Team will:
Agreements for Professional Services to perform As-Needed Professional R... Page 357 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 18 9 Prepare a Relocation Plan, if necessary.
9 Meet personally with each prospective displacee to ascertain the nature and scope of relocation assistance required, to inform the displacees of their rights, and to explain the relocation process. 9 Determine each displacee’s eligibility for relocation assistance; prepare an estimated timeline for relocation, and prepare an estimate of the amount of relocation benefits to which each displacee is eligible.
9 Prepare all applicable claim forms, secure claimant’s signatures on claim forms, and submit forms to the City for review, acceptance, and payment.
9 Conduct appropriate searches for relocation replacement sites and provide relocation site referrals to displacees.
9 Personally inspect replacement dwellings and/or buildings and sites to determine if they meet decent, safe, and sanitary regulatory requirements.
9 Where appropriate, advise displacees of available economic assistance and social services; and provide displacees with referrals to organizations, social service agencies and community organizations. 9 Perform any other normal procedures and processes to implement the relocation assignment and provide any other supporting information and correspondence required by the City.
Business Relocation. The Monument Team excels with swift resolution of business relocations knowing that businesses require as little disruption as possible. Time is money for these entities and Monument works diligently to understand the needs of each unique business. Promptly after the initiation of negotiations to purchase the property, a Notice of Relocation Eligibility will be delivered to the business occupying the property. This formal notification informs the business owner of the date he or she becomes eligible to receive relocation entitlements, including moving expenses, related moving expenses, reestablishment expenses or the fixed moving payment A business may select a self-move, a commercial move, or a fixed-payment (based on income) move. Our agents will prepare a complete inventory of personal property and trade fixtures, prepare a Request for Proposal (moving specification), and obtain at least two bids from licensed and bonded moving companies. The agents then provide a recommendation to the Kim of the lowest acceptable bid. The business has the option of using that commercial mover or based upon that approved bid and the request for proposal, performing the move themselves or hiring a different commercial mover to perform the move but cannot pay more than the approved bid amount. After a decision has been made, our agents will monitor each move to ensure compliance with all regulations and agreements.
The business is also eligible for reestablishment expenses up to a maximum in the state of California of $50,000.
Reestablishment expenses may include repairs or improvements to the replacement real property as required by federal, state, local law, codes or ordinances; modifications to the replacement property to accommodate the business operation or make replacement structure suitable for conducting business; construction and installation costs for exterior signing to advertise the business; redecoration or replacement of soiled or worn surfaces; advertising of replacement location; and estimated increased costs for two years at the replacement site for such items as lease or rent charges, personal or real property taxes, insurance premiums and utility charges. Our agents works with the business owner to obtain reasonable documentation to support moving and reestablishment claims and all other moving expenses such as Substitute Personal Property/Direct Loss of Tangible Personal Property Payment Computation, Related Moving Expenses, and Search Expenses.
Agreements for Professional Services to perform As-Needed Professional R... Page 358 of 1755 City of Indio
Statement of Qualifications to Provide On-Call Professional Right-of-Way Services 19 Once a displaced business has selected a replacement location, our agents will assist the displaced business in obtaining all documentation necessary to receive entitlements. The Relocation Manager will then submit the moving package to the City for approval. During the course of providing relocation assistance, our agents will maintain a detailed diary of all contacts made and services provided to the displaced business. All relocation computations will be thoroughly reviewed by Monument’s QA/QC Manager prior to presenting any recommended relocation entitlement or claim packet to City for their review and approval.
APPROACH TO TITLE AND ESCROW SERVICES
After execution and acceptance by both owner and the City, signed documents will be delivered to Commonwealth Land Title Company and escrows will be opened. The escrow officer will be instructed to produce a Settlement Statement which will allow the City to process funds and deposit them into escrow. For partial fee acquisitions and permanent easements, properties with loans will require a lender consent or subordination agreement prior to closing escrow. Oftentimes, title companies require support in contacting lenders and processing their requests for consent. Monument has assisted with countless lender consents and title clearances and is committed to ensuring that all escrows are closed promptly and title insurance is issued. The City will be provided with one title insurance policy and three copies for each escrow file, along with a final closing package.
APPROACH TO CONDEMNATION SUPPORT
In the event negotiations are unsuccessful and our agents recommend that an administrative settlement is not feasible or project timing requires use of the eminent domain process, Kim will submit a recommendation to the City to initiate condemnation proceedings. The Monument Team will work closely with the City’s condemnation counsel in preparing the resolution hearing notices, providing a duplicate copy of the agent’s acquisition file, and assist in the eminent domain complaint and in trial preparation as requested. Settlement negotiations by legal staff may continue until the trial begins, including alternative dispute resolution and negotiations for Stipulated Use and Possession to ensure access to the property consistent with project schedules.
APPROACH TO PROPERTY MANAGEMENT
Interim property management and security is available for all properties acquired for each project. Once the property is vacant, and based on the construction schedule, our Property Management Manager, Curtis Bibolet, will make recommendations as to interim leasing of properties or securing the site until construction is ready to begin. This typically includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance, and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns.
Curtis and the Monument Team will inspect all City-owned properties and to confirm the tenancy of occupants. All work will be performed in accordance with the City’s Right-of-Way Policies and Procedures and Federal, State, and local regulations.
CLOSING
We are confident our ability to deliver the City’s project delivery program. We have demonstrated that the Monument Team has the qualifications, experience, depth of resources, and the ability to coordinate with the City for successful project delivery. We look forward to working with you!
Agreements for Professional Services to perform As-Needed Professional R... Page 359 of 1755 Section Three
Appendices
Agreements for Professional Services to perform As-Needed Professional R... Page 360 of 1755
JOEY MENDOZA
PROGRAM DIRECTOR / PRINCIPAL-IN-CHARGE
Joey has over 35 years of experience in program and project management in right-of-way and has delivered a broad spectrum of projects including grade separation, highway expansion, and interchange improvement. He has successfully managed and executed over 10,000 acquisitions, relocations and real estate related transactions for public projects throughout California. He is considered one of the industry leaders in right-of-way program management, preparation of detailed project management plans, cost estimates and budgetary reports for large public sector projects.
INGLEWOOD TRANSIT CONNECTOR
City of Inglewood | Inglewood, CA
The ITC Project is a 1.6 mile long elevated automated people mover that will provide direct connections between the LA Metro Crenshaw/LAX Line and Inglewood’s major employment, commercial, housing, sports and entertainment centers. The Project will have three stations including one at Market Street/Florence Avenue, Manchester Blvd/Prairie Avenue, and Hardy Street/Prairie Avenue with the maintenance and storage facility (MSF) located at Manchester Blvd and E. Spruce Avenue. Monument is assisting the City of Inglewood with strategic planning and implementation. This includes 60 business relocations and 70 acquisitions. Joey is Monument’s Project Manager for this landmark Project and is responsible for overall Right-ofWay Project Management and the most challenging Business Relocations.
INTERSTATE 405 IMPROVEMENT PROJECT
Orange County Transportation Authority | Orange, CA
Joey is responsible for the development, implementation, and overall delivery of the necessary right-of-way to construct this 16-mile design-build project of the I-405 between State Route 55 and the I-605. This project consisted of 288 partial acquisitions affecting residential, commercial, retail, motels, public facilities, federal lands, and a regional shopping mall, which required rightof-way certification and release to the design-build contractor in segmented parcel groups.
Joey led the right-of-way program that includes real estate appraisals, appraisal reviews, parcel mitigation planning, property negotiations, title and escrow, relocation assistance, condemnation coordination, certification, scheduling, cost estimating, risk management, and project closeout. The project boasts 100% of right-of-way delivered on schedule with no delays to construction. The project involved minimal condemnation due to the high settlement rate.
Joey was part of a think tank that developed new processes which saved OCTA millions of dollars and accelerated the delivery process. Project Cost: $1.9 billion including $145 million in right-of-way capital costs.
MOUNT VERNON AVENUE BRIDGE REPLACEMENT PROJECT
San Bernardino County Transportation Commission | San Bernardino County, CA Joey was responsible for managing the right-of-way acquisition program and oversight of the day-to-day activities of the consultant team for the design-build bridge replacement project.
This included acquisition, relocation, title, appraisal, appraisal review, demolition, property management, right-of-way certification, eminent domain support, and construction oversight.
Joey was instrumental in the development of the design-build procurement documents, analysis of proposed ATC’s, preparation of cost estimates, federal funding authorization applications, 37 YEARS EXPERIENCE PROJECT EXPERIENCE
COURSEWORK
Business Administration,
California State University,
Long Beach
EDUCATION
REAL ESTATE BROKER
State of California
CA#01144860
LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar
ACEC
American Council of
Engineering Companies
AFFILIATIONS
When he isn’t strategizing
about project delivery, Joey
can be found in his man cave
woodworking with his assistant,
his English bulldog. He likes to
build custom furniture and décor
pieces for his family. Joey is a
sports fanatic, avid golfer, and
world traveler
FUN FACT!
Agreements for Professional Services to perform As-Needed Professional R... Page 361 of 1755 and budget and schedule management. Built in 1934, the Mount Vernon bridge has been declared by Caltrans as structurally deficient and functionally obsolete and in desperate need of replacement. The project involves the demolition of the existing bridge and complete construction of a new bridge. The right-of-way associated with this project consisted of 32 full take acquisitions, 12 partial acquisitions and displacement of 45 residential homes. Project Cost: $250 million including $17 million of right-of-way capital costs.
LOSSAN IMPROVEMENT PROJECT
The LOSSAN Rail Corridor Agency | Orange, CA | 2020 - Ongoing Monument is part of the program management team responsible for ongoing rightof-way and real estate support. The commuter passenger rail will connect San Luis Obispo to San Diego. This Project will add a second track parallel to the existing track, and the addition of multiple stations along the train route. Joey is an integral part of the Monument Team responsible for right-of-way project management, and acquisition support services including appraisal coordination, acquisition, relocation, condemnation support, cost estimating and development of the design build procurement documents.
CALIFORNIA HIGH SPEED-RAIL PROJECT
California High-Speed Rail Authority | Fresno, CA | 2016 - Ongoing The California High-Speed Rail Authority is responsible for planning, designing, building, and the operation of the first high-speed rail system in the nation. Joey is a key member of the consultant team providing right-of-way support on Construction Package 1, a 23-mile segment between Avenue 19 in Madera County to East American Avenue in Fresno County. He is responsible for the organization and management of an intense utility conveyance and permit process for the Authority preparing and tracking known and unknown utilities and coordination with owners, utilities and stakeholders.
STATE ROUTE 91 CORRIDOR IMPROVEMENT
Riverside County Transportation Commission | Riverside, CA | 2012 - 2017 Joey was responsible for planning, managing, and implementing a wide array of right-of-way activities during the environmental phase including strategic planning, cost estimating, and market trend analysis; risk identification and management; public outreach; design-build procurement process; corridor analysis, and early and advance acquisition. Joey fully implemented and oversaw the entire rightof-way process, policy development, and coordination with state and federal regulatory agencies. This high-profile, politically sensitive design-build project involved over 450 partial and full acquisitions with varying degree of difficulty, and approximately 250 residential and business relocations. This project widened approximately 16 miles of active highway through the urbanized area of Corona and the County of Riverside.
STATE ROUTE 91 HIGH OCCUPANCY VEHICLE GAP CLOSURE
Riverside County Transportation Commission | Riverside, CA | 2010 - 2014 Joey was responsible for this seven-mile freeway widening project through the developed corridor of Downtown Riverside. The right-of-way associated with this project consisted of significant partial acquisitions affecting commercial, retail, and public agency facilities, acquisition of railroad properties, and relocation of several complex businesses. Joey was responsible for overall management and implementation of the right-of-way delivery process, as well as coordination with the various disciplines for project design, right-of-way engineering, appraisal, environmental, Riverside County Transportation Commission (RCTC) counsel, and California Department of Transportation (Caltrans) functional leads. Project Cost:
$650 million including $50 million in right-of-way costs.
JOEY’S PROJECT EXPERIENCE CONTINUED
RESPECTED BY HIS
CLIENTS FOR HIS
KNOWLEDGE
SKILLED AT IDENTIFYING
AND MANAGING RISK
EXPERT IN DESIGN-BUILD
AND DESIGN-BID-BUILD
ABLE TO BRING PARTIES
TOGETHER FOR
SUCCESS
JOEY HAS SAVED CLIENTS
OVER 50 MILLION DOLLARS
IN 5 YEARS
JOEY
AT A GLANCE
“The company leadership
includes Mr. Joey Mendoza
who is extremely well versed
in acquisition and relocation
elements and second to none
in understanding the industry.
Knowledgeable clients already
understand that having Joey on
your team means delivering a
successful acquisition program
that will exceed your needs.”
- JOE TOOLSON
VICE PRESIDENT, MOTT
MACDONALD
Agreements for Professional Services to perform As-Needed Professional R... Page 362 of 1755
K I M B I B O L E T, S R / W A ,
R/W-NAC
PROJECT MANAGER
Kim Bibolet is a tenured right-of-way professional with over 17 years of experience. She has worked closely with numerous local governments, public agencies, and private companies on transit, transportation, housing, and utility infrastructure projects. She has been involved in all aspects of right-of-way work, including appraisal valuations, curative title, environmental assessments, escrow coordination, encroachment mitigation and permitting, eminent domain support, and relocation advisory services.
RAMON ROAD WIDENING
Cities of Palm Springs and Cathedral City | Palm Springs, CA Kim managed the right-of-way team and provided comprehensive right of way services for the widening of Ramon Road between San Luis Rey Drive in Palm Springs and Landau Boulevard in Cathedral City. The project location included a bridge over Whitewater River. This assignment included right of way services for 26 properties, including Bureau of Indian Affairs tribal land.
Kim oversaw appraisals and reviews, acquisition, title services, escrow oversight, Caltrans certification, eminent domain support, utility coordination and potholing oversight.
SR-60/POTRERO BOULEVARD NEW INTERCHANGE, PHASES 1 AND 2, City of Beaumont | Beaumont, CA
This project provided the City with a full access interchange at Potrero Boulevard and SR60 and widened the Potrero Boulevard overcrossing to six lanes. It was designed to mitigate increasing traffic volumes in the area associated with on-going/future developments and to implement the circulation element of the City ‘s General Plan. Kim led the right-of-way team, providing title clearance, property rights acquisition negotiations, utility research and relocation coordination, eminent domain support, and Caltrans Level 1 Certification.
PERRIS VALLEY LINE COMMUTER RAIL EXTENSION
Riverside County Transportation Commission | Riverside to Perris, CA Kim assisted RCTC with land acquisition for track improvements and rail stations. Kim prepared and updated the Real Estate Acquisition Management Plan, managed right-of-way cost estimates and reported progress to the FTA. Kim’s team procured permits to enter, preliminary title reports, coordinated appraisals and appraisal reviews, and provided acquisition negotiations for 21 fee acquisitions, 16 easements, and 53 utility relocations. Kim also worked closely with RCTC to obtain sound attenuation easements from several property owners, so upgraded doors, windows and insulation could be installed on the properties.
MT. VERNON VIADUCT REPLACEMENT DESIGN-BUILD,
San Bernardino County Transportation Authority | San Bernardino, CA The Mt. Vernon Viaduct over BNSF Intermodal Yard Replacement is a $140 million Design-Build project owned by San Bernardino County Transportation Authority involving the demolition of the existing viaduct over the BNSF Intermodal Yard in the City of San Bernardino and construction of a new bridge over 1,000’ in length. Total design-build project cost estimated at $140 M for all phases-environmental, preliminary design, r/w, design-build, and mitigation. Funding sources and stakeholders include Federal Highway Administration, Federal Highway Bridge Program, 17 YEARS EXPERIENCE PROJECT EXPERIENCE
BACHELORS DEGREE
Sports Science, University
of Idaho
EDUCATION
SENIOR RIGHT-OF-WAY AGENT
International Right-of-Way Association
RIGHT-OF-WAY NEGOTIATION
AND ACQUISITION
International Right-of-Way Association
REAL ESTATE SALESMAN
State of California
CA#01883565
LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar
AFFILIATIONS
Kim is obsessed with ice cream
and spends her free time on
the soccer field coaching her
kid’s teams. She prefers to be
outdoors whether she’s boating,
camping, hiking or golfing.
Speaking of golf. . . she’s pretty
good and has the coveted title of
having a hole in one!
FUN FACT!
Agreements for Professional Services to perform As-Needed Professional R... Page 363 of 1755 Caltrans, and BNSF Railway. As Project Manager, Kim aided the Design-Build team in mitigating risks to the project schedule through effective management of the right-of-way acquisition schedule, performing due diligence to reduce community impacts, communicate project goals with public stakeholders and property owners, and perform railroad coordination to obtain temporary easements and related permits.
WEST VALLEY CONNECTOR BUS RAPID TRANSIT CORRIDOR
San Bernardino County Transportation Authority | San Bernardino, CA This is a 35 mile long street widening to accommodate a bus travel lane including 60 station platforms and 33 intersection improvements. Kim is responsible for preparation of the RAMP, bid documents for appraisal, right-of-way engineering and right-of-way services. She drives the schedule and works collaboratively with the client to deliver the project
LAUREL STREET GRADE SEPARATION AND I-10 TIPPECANOE AVENUE
INTERCHANGE IMPROVEMENT PROJECT
San Bernardino County Transportation Authority | Loma Linda, CA | 2017-2019 Kim assisted SBCTA with interim property management, marketing, and sale of 24 excess remnant parcels that were originally acquired for both the Laurel Street Grade Separation Project and the I-10 Tippecanoe Avenue Interchange Improvement Project in Loma Linda. As part of this effort, Kim notified public agencies of the offer to sell, alerts adjacent property owners and has developed a comprehensive marketing program to get the most exposure for the properties.
Kim handled the escrow process as well as the property management until sold.
VARIOUS PROJECTS
City of Chino | Chino, CA
El Prado Road at Kimball Avenue. The City of Chino kicked off this project to improve the intersection of El Prado Road and Kimball Avenue. Kim is leading the right-of-way services scope for a Department of General Services owned parcel, KIM’S PROJECT EXPERIENCE CONTINUED
HAS DELIVERED
THOUSANDS OF PART AND
FULL TAKE PARCELS
EXPERIENCED WITH
UNIFORM ACT, FHWA, FTA
AND CALTRANS
SUCCESSFULLY MANAGES
COMPLEX PROJECT
MATTERS
A DRIVEN PROJECT
MANAGER ON A
DELIVERY MISSION!
ABILITY TO BRING
PARTIES TOGETHER FOR
RESOLUTION
KIM
AT A GLANCE
which is currently occupied by a state correctional facility. Monument’s role for this project includes title, appraisal, negotiation, and utility relocation services.
El Prado Road at Central Avenue: The City kicked off this project to improve the intersection of El Prado Road and Central Avenue where Kim is leading the right-of-way services scope for one parcel including title, appraisal, negotiation, and utility relocation services.
Riverside Drive Capital Improvement Project: This resurfacing project focused on updating ramps and sidewalks to be in compliance with the Americans with Disabilities Act (ADA). Kim led her team negotiating with approximately 18 property owners to obtain dedications for these upgrades. Her team ordered Preliminary Title Reports and coordinated with the City and design team. Kim also prepared a valuation study which was used to offer the property owners compensation for the dedications. Purchase and Sale Agreements were prepared and negotiated and escrows were coordinated by the team.
Tangerine Avenue Improvement Project: This project aimed to improve the drainage on Tangerine Avenue. As Project Manager, Kim assisted the City in negotiating with a property owner for a partial fee acquisition. Her team ordered the Preliminary Title Report, prepared the appraisal, and negotiated with the property owner. Numerous eucalyptus trees, a fence, and personal property were within the acquisition area.
STATE ROUTE 60 AND CENTRAL AVENUE INTERCHANGE PROJECT
San Bernardino County Transportation Authority | Chino, CA In cooperation with Caltrans and the City of Chino, SBCTA is constructing improvements to the SR-60/Central Avenue Interchange in Chino to ease area traffic congestion and improve safety. As the Right-of-Way Project Manager, Kim managed the team that provided rightof-way services to obtain partial takes, temporary construction easements, and a slope easement. Tasks included property acquisition, utility coordination, project management, Caltrans Certification, and post-project certification. Seven properties were affected including two San Bernardino County Flood Control District parcels, two restaurants, two gas stations, and a motel.
Agreements for Professional Services to perform As-Needed Professional R... Page 364 of 1755
C U R T I S B I B O L E T, S R / W A ,
R/W-AMC
PROPERTY MANAGEMENT MANAGER
Curtis is a certified right-of-professional and possesses an abundance of transactional real estate, utility relocation, and property management expertise. He has managed thousands of properties throughout California, utilizing best practices, regulatory procedures, and logistics for utility relocation and property management. He has worked with a large range of public and private agencies. Curtis provides oversight and quality assurance and is focused on maximizing revenue, clearing encroachments, and mitigating utility conflicts for his clients.
MT. VERNON BRIDGE REPLACEMENT PROJECT
San Bernardino County Transportation Authority | San Bernardino, CA The Mt. Vernon Bridge over BNSF Intermodal Yard Replacement is a $140 million Design-Build project owned by SBCTA involving the demolition of the existing bridge and construction of a new bridge over 1,000’ in length.
Curtis provided Property Management services including oversight of board-ups, fencing, and engaging law enforcement to remove trespassers and homeless on approximately 30 properties. He also coordinated testing for lead paint and managed all property maintenance subconsultants. Curtis also handled utility coordination involving 17 utility companies. Curtis was responsible for preparation of Notices to Owners for the 10 facilities in conflict, drafted a utility agreement, and coordinated 30 potholes. Funding sources and stakeholders include Federal Highway Administration, Federal Highway Bridge Program, Caltrans, and BNSF Railway.
PROPERTY MANAGEMENT ON-CALL CONTRACT
Riverside County Transportation Commission | Riverside, CA As Property Management Lead, Curtis managed all activities and vendors performing weed abatement, hazardous material abatement, trash abatement, and homeless encampment abatement. He also provided a full detailed review of over 600 licenses, leases, and easements in existence along a 38-mile railroad corridor for the Commission. The process includes reviewing the documents, performing site visits to verify facilities, identifying contractual deficiencies, identifying unauthorized encroachments, and recommending and implementing resolutions while monitoring and updating project databases. Other tasks involve creating new licenses for private-use owners and developing master license agreements or utility companies.
SR-55 IMPROVEMENT PROJECT
Orange County Transportation Authority (OCTA) | Orange, CA The SR-55 project spans the I-5 to the SR91 adding general-purpose and auxiliary lanes in each direction at strategic locations along SR-55. Curtis worked with the design team to identify utility conflicts and prepare relocation estimates for facilities in conflict, culminating in Caltrans Right of Way Data Sheets for each design alternative.
15 YEARS EXPERIENCE PROJECT EXPERIENCE
BACHELORS DEGREE
Communications Studies,
Minor in Business, University
of Idaho
EDUCATION
SENIOR RIGHT-OF-WAY AGENT
International Right-of-Way Association
RIGHT-OF-WAY ASSET
MANAGEMENT
International Right-of-Way Association
REAL ESTATE SALESMAN
State of California
CA#02008725
LICENSES
IRWA
International Right-of-Way
Association
WTS
Women’s Transportation
Seminar
AFFILIATIONS
Curtis is a boating enthusiast
even though his acronym for
BOAT means “Bust Out Another
Thousand.” He is exceptional at
producing large crawfish boils
and his favorite food is creole.
He played football in college and
married his college sweetheart.
FUN FACT!
Agreements for Professional Services to perform As-Needed Professional R... Page 365 of 1755
LENWOOD ROAD GRADE SEPARATION PROJECT
San Bernardino County Transportation Authority | Barstow, CA For this grade separation project, Curtis worked on a full spectrum of right-of-way services for both the Preliminary Engineering/ Environmental Document and Final Design phases. The Project’s purpose was to construct an overpass over the BNSF railroad. This impacted over 25 properties. Curtis provided oversight for demolition, clearance, and hazardous abatement for 15 structures.
NORTH FIRST AVENUE BRIDGE REPLACEMENT OVER BNSF RAIL YARD City of Barstow | Barstow, CA
Utilizing Caltrans Highway Bridge funds, the City is replacing the bridge to correct structural deficiencies. Curtis managed all property management and maintenance for the project, procured the most qualified abatement and demolition providers and worked with the City for approval of all vendors. Curtis also provided utility coordination services for 28 utility conflicts in the original design and ultimately coordinated relocations for 11 facilities. Utilities affected included City of Barstow sewer, Golden State Water, Southwest Gas, Edison, Time Warner Cable, and Verizon. He provided cost estimates for the utility relocations for the Caltrans Right of Way Data Sheet and certification package.
CALLE CONTENTO/RANCHO CALIFORNIA ROAD ROUNDABOUT PROJECT Riverside County Transportation Department | Temecula Valley, CA The Temecula Valley Wine Country Community Plan adopted by the Riverside County Board of Supervisors includes the implementation of roundabouts at five intersections across four miles of Rancho California Road between Butterfield Stage Road and Glenoaks Road. Curtis provided property management and utility coordinator services as the subconsultant to the design engineer. Curtis was responsible for collection of the as-built plan, created a utility conflict matrix, reviewed utility exhibits, and drafted license agreements. In the absence of a CURTIS’ PROJECT EXPERIENCE CONTINUED
A GUY YOU LIKE TO WORK
WITH!
A HANDS ON MANAGER
UTILITY RELOCATION
EXPERT
MASTER OF FEDERAL
AND STATE LAW
UNDERSTANDS THE
IMPORTANCE OF PROPERTY
MANAGEMENT AND RIGHTOF-WAY
CURTIS
AT A GLANCE
Construction Manager for this project, as Utility Coordinator, Curtis was engaged during construction phase and coordinating with the contractor and affected utility agencies.
I-5 IMPROVEMENT PROJECT
Orange County Transportation Authority | Orange, CA
This 9-mile highway corridor improvement project improves the I-5 between the I-405 and SR-55, Curtis identified right-of-way and utility impacts associated with two build alternates. Based on the preliminary geometric plans, Curtis prepared Caltrans Right of Way Data Sheets for review and approval by OCTA and Caltrans District 12. He prepared a detailed scope, schedule, and estimated cost of utility relocations. Curtis identified low and high-risk utility areas within the project limits which may be subject to the requirements of the California Public Utility Commission General Order 131-D.
PERRIS VALLEY LINE RAIL EXTENSION PROJECT
Riverside County Transportation Commission | Riverside and Perris, CA This project extended the Metrolink 91 Line commuter rail service 24 miles to link service to Perris. The extension involved track shared with freight rail and other segments with new double track siding. Curtis coordinated 162 potholes, drafted utility agreements, and gathered data from the cities of Perris, and major utilities including SoCal Gas Company, Kinder Morgan, Questar, Metropolitan Water District of Southern California, Eastern Municipal Water District, and Western Municipal Water District. Curtis’ tasks included preparing a utility matrix, determining liability by analyzing superior rights, preparing reports of investigations, notices to owners, and drafting utility agreements.
Agreements for Professional Services to perform As-Needed Professional R... Page 366 of 1755
SURVEY MANAGER
John R. Duquette, L.S.
Mr. Duquette has many years of professional surveying
experience with a broad background in boundary and rightof-way analysis and calculations for transportation and road improvement projects for a variety of public agencies.
RELEVANT EXPERIENCE
Downtown Indio Infrastructure - Phase 1 Civil Improvements - Design Services, Indio, California. Indio Redevelopment Agency. Technician. Responsible for CADD mapping. Michael Baker provided full engineering, planning, urban design, landscape architecture, and construction management services for the revitalization of downtown Indio. Michael Baker provided a landscape concept plan; final construction plans, specifications, and estimates; and construction management services. The project included removal of an existing one way street; angled parking, curbs, and sidewalks; and construction of new traffic calming elements, decorative cross walks, decorative concrete sidewalks, two alleys with pedestrian alleys, decorative pedestrian lights, street trees, street furniture, landscaping, and irrigation. Michael Baker also provided traffic and parking studies for the anticipated land use plan and circulation analysis for a Transportation Center planned for the downtown area.
Marriott Shadow Ridge, Palm Desert, California. Houston Tyner Inc. Technician. Responsible for CADD mapping. Michael Baker provided engineering services for the development of a 315-acre time share project with an 18-hole golf course, resort center, sales center, maintenance center, large pool and recreation area, and six villages with 999 time-share units. Michael Baker's services included the design of on-site and offsite street improvement plans, precise and rough grading plans, on-site and off-site water and sewer improvement plans, and storm drain plans; coordination with Marriott personnel, various sub-consultants, and contractors during design and construction; and construction administration support.
Interstate 15 / State Route 79 South Interchange Improvements, Temecula, Riverside, California. City of Temecula. Surveyor. Processed GPS field control and created a Record of Survey showing existing monumentation, as well as legal descriptions for various easements affected by the project. Transportation planning services were provided for the development of six interchange alternatives, which were documented and approved through Caltrans District 8 in a Project Study Report. Michael Baker then completed a Project Report, Modified Access Report, and combined CEQA/NEPA document for the Recommended Build Alternative, which required close coordination with both Caltrans District 8 and the Federal Highway Administration. Currently, Michael Baker is preparing Final PS&E for this $30M interchange improvement project.
Old Town Temecula Civic Center Mapping, Temecula, California. Project Surveyor. Michael Baker provided a boundary survey and an aerial topographic map as well as engineering services for the Temecula Civic Center. Responsible for providing boundary and control calculations and analysis and preparing an Official Map of the project site.
Ynez Bridge Widening, Temecula, California. Project Surveyor. Michael Baker provided surveying and engineering services for the widening of the Ynez Road bridge. Responsible for preparing office calculations required by the field crews, including right-of-way, bridge abutments, pile locations, bridge deck, and future curb locations.
Murrieta Hot Springs Road / Alta Murrieta Widening, Temecula, California. Project Surveyor. Responsible for reducing topographic information for engineers to redesign the intersection of Murrieta Hot Springs Road and Alta Murrieta. Also prepared office calculations for future right-of-way, curb, and street improvements.
Interstate 215 / Los Alamos Road Overcrossing, Murrieta, California. City of Murrieta. CADD Technician. Supported the project with field data processing and GPS control network analysis. Michael Baker provided environmental evaluation, structures engineering and design, and survey and right-of-way engineering for the widening of Los Alamos Road and the I-215 bridge overcrossing structure. Michael Baker also provided utility research, utility record maps for field search, right-of-way surveying, hydrology and storm drain analysis, and final metric utility Maps.
On-Call Survey Services - Caltrans District 12 (Contract No. 12A1051), District 12, Orange County, California. Caltrans - District 12. Surveyor.
Provided boundary and right-of-way analysis and calculations. Michael Baker provided on-call professional and technical survey services over a three-year period. The task order assignments involved survey, monumentation, and post-construction records of survey of 10 miles of Interstate 5 through Orange County. Right-of-way and land parcel retracement surveys were completed and new monumentation and post-construction records of surveys were prepared. Field surveys included GPS geodetic control, boundary determination, and as-built surveys. Michael Baker surveyors recorded five record of survey maps on an accelerated schedule. Additionally, Michael Baker completed alignment maps and database files of mainline and ramps for the I-5 and I-405 freeways.
Years with Michael Baker
19 Years of Experience
34 Education
A.S., 1996, Surveying and Mapping, Santa Ana
College
Licenses/Certifications
Professional Land Surveyor, California, 1999, 7566
Professional Affiliations
California Land Surveyors Association
Agreements for Professional Services to perform As-Needed Professional R... Page 367 of 1755 1 RESUME
UNIQUE QUALIFICATIONS
ü
ü Project Experience with Similar Local Agencies
ü Managed GUIDA's Longest-Running On-Call Contract
ü With GUIDA Since Firm's Inception
ü Strong Resume with Municipal Projects
ü Excellent Understanding of Staff's Expertise and Skills ü Numerous Client Accolades for Responsiveness
SUMMARY
Tim brings over 36 years of surveying expertise as a project manager and as a licensed party chief. He has managed a multitude of projects throughout Southern California, overseeing staff members, workload, and scheduling. He engages in both field and office support, when required, and is knowledgeable about the latest equipment, technology, and product development.
Highly skilled in all aspects of both design and construction surveying, Tim is a well-rounded professional. He has overseen control survey networks aerial photogrammetry, and topographic design surveys; right of way and boundary surveys and mapping, ALTA surveys, preliminary title reports, title research, plotting existing encumbrances, records of research, dedications and vacations, preparation of legal descriptions and plats, Record of Surveys, parcel maps, tract maps, lot-line adjustments, other land surveyor seal/stamp documents and map checking QA/QC. He has also provided construction survey support and construction staking, including perpetuation, pre- and post-construction corner records/records of survey, constructability review, construction staking, as-built surveys, and earthwork calculations.
PROJECT EXPERIENCE
City of Lake Elsinore, La Strada Extension Project | Lake Elsinore, CA | Survey Project Manager: This project comprised of a feasibility study that determined the future extension and alignment of La Strada Street to Camino Del Norte, in order to provide local residents with easy access to the 15 Freeway in Lake Elsinore. GUIDA’s services included performing photogrammetric mapping and verification of survey results, which were transmitted into AutoCAD format, along with ASCII point of all field survey ties. All deliverables complied with Caltrans Surveys and Right of Way Manuals and Caltrans right of way engineering requirements for the preparation of documents and maps.
City of Lake Elsinore, Temescal Canyon Bridge Over Temescal Wash Replacement Project PS&E | Lake Elsinore, CA | Office Lead: For this contract, GUIDA provides surveying and topographic mapping services for the final design phase for a new 4-lane, 98-foot-wide, 375-foot-long bridge at the new alignment, along the realigned portion of existing Temescal Canyon Road. GUIDA’s scope of work includes performing topographic surveys and providing cross-sections every 100 feet in the channel that covers the proposed wash grading, roadway realignment and connection points to existing Temescal Canyon Roadway. GUIDA’s scope also includes updating the survey to cover the recently graded areas westerly of Lake Street; additional topography to support the design of the channel grading, slope protection, and storm drain facilities; providing an updated utility base plan based on information provided by the utility coordination subconsultant; and filing corner records and/or record of survey as required.
TIM FETTIG, PLS
SURVEY PROJECT MANAGER
YEARS OF EXPERIENCE: 36+ YEARS WITH GUIDA: 28+
EDUCATION: Santa Ana College and Santiago Canyon College, Surveying/Mapping; Santiago Canyon College, Completion of the Southern California Surveyors Joint Apprenticeship Committee Surveyor Apprentice Program, 1988 – 1993
PROFESSIONAL REGISTRATION/CERTIFICATIONS: Professional Land Surveyor #7542/CA/1999; IUOE Local 12, Licensed Party Chief
PROFESSIONAL ORGANIZATIONS: California Land Surveyors Association (CLSA), Orange County Chapter
Agreements for Professional Services to perform As-Needed Professional R... Page 368 of 1755 2 RESUME
City of Menifee, Menifee Amphitheater | Menifee, CA| QA/QC Manager: The City of Menifee required land surveying and mapping services to support the design and construction of the Menifee Amphitheater located in Central Park at the Menifee Towne Center. The project is focused on the installation of a shade structure for the amphitheater as well as a pedestrian bridge from the amphitheater to the Menifee Towne Center. During the design phase, GUIDA provided horizontal and vertical control surveys and topographic surveys. Currently, GUIDA is providing construction staking services for this ongoing project.
City of Moreno Valley, On-Call Land Surveying Services | Moreno Valley, CA | Principal in Charge: Scope of work under this contract includes design, construction, as-built surveys, preparation of legal description and plat maps, monument preservation/recordation and other surveying services. Some of the task orders on which GUIDA has worked under this contract include the Moreno-Alessandro Interim Facility Storm Drain Line H-2 Alessandro Boulevard at Oliver Street.
City of Menifee, I-215 McCall Interchange (PA/ED-PS&E) | Menifee, CA | Survey Project Manager: As a member of the design engineering team, GUIDA will provide land surveying and mapping services to support both the PA/ED and PS&E phases of this improvement project. Our services will include control surveys, aerial photogrammetric mapping in accordance with the Caltrans ABC process, supplemental topographic design surveys, land net mapping and right of way engineering. All work will be prepared in accordance with Caltrans Survey and CAD standards and under Caltrans oversight.
City of Rancho Cucamonga, Etiwanda Grade Separation | Rancho Cucamonga, CA | Survey Manager: Tim provided design surveying services to reconstruct Etiwanda Avenue as a new grade separated roadway over the Southern California Regional Rail Authority (SCRRA) San Gabriel Subdivision. The project eliminates the existing at grade roadway crossing and construction a roadway overcrossing with two through lanes in each direction by elevating Etiwanda Avenue over the SCRRA railroad corridor from Whittram Avenue to Napa Street. GUIDA’s scope of work included providing aerial mappings support, BPS control, conventional topographic surveys, terrestrial scans, right of way establishment, and legal descriptions.
City of Palm Desert, San Pablo Avenue Streetscape Improvement, Phase 2 | Palm Desert, CA | Principal in Charge: Tim was responsible for overseeing GUIDA’s design surveying services in support of Phase 2 of the San Pablo Avenue Streetscape Improvement project in Palm Desert. San Pablo's second phase improvements are focused on the roadway between Fred Waring and Magnesia Falls Drive and include widened sidewalks, bike lanes, on-street parking, enhanced pedestrian crosswalks and lighting, landscaping, drainage and pavement improvements, improved utilities, and additional roundabouts at San Pablo and Magnesia Falls Drive and at San Pablo and the College of the Desert entrance. GUIDA’s scope of work included establishing control, collecting spot elevations, plotting the right of way roadway and property lines, and preparing legal descriptions and plats to accompany easement documents.
County of San Bernardino, On-Call Land Surveying Services | San Bernardino, CA | Office Survey Lead:
GUIDA’s tasks under this contract may include, but are not limited to, providing control, boundary, topographic surveys, construction staking, quality control surveys, topographic, planimetric and volumetric surveys using UAV technology, analysis and determination of property boundaries, road alignments and rights-of-way, installing temporary and/or permanent monumentation for road alignments, rights of way, or property lines as needed, providing survey data in an AutoCAD Civil 3D format and datum, conducting monument preservation surveys, survey research, legal descriptions, plats, records of survey, corner records, and right-of-way mapping
Temescal Valley Water District, Wildrose Reservoir Project | Corona, CA | Survey Project Manager: The project was focused on retrofit improvements to the existing Wildrose Reservoir. GUIDA’s services on the project included establishing field control based upon the California Coordinate System and Local County/City Benchmarks, performing aerial topographic surveys, topographic base mapping, and plotting record property lines.
Agreements for Professional Services to perform As-Needed Professional R... Page 369 of 1755 1 ©2024 CBRE, INC.
PROFILES
VALUATION & ADVISORY SERVICES – RIGHT OF WAY
J. Richard (Rick) Donahue
First Vice President
Irvine, CA
E [email protected]
Professional Experience
Rick Donahue, MAI is a First Vice President with CBRE's Valuation & Advisory Services (VAS). He has been appraising in Southern California since 1977, specializing in valuation and consulting services related to public agency and right-of-way clients and for major, investment-grade commercial properties, right-of-way companies, and public agencies.
Mr. Donahue is experienced in valuing partial and full acquisitions related to eminent domain actions. These services include fee, easement, and temporary easement valuations. Mr. Donahue has specialty experience in the appraisal of conservation easements, air right valuations, corridor valuations, sub-surface easements, utility easements, and transmission line easements. He also has expertise in valuing an extensive variety of investment-grade real estate and special-purpose properties for lending, investment consulting, and other purposes.
Mr. Donahue's services include a wide range of specialized studies including tax appeals, market demand, feasibility, investment analysis, assessment allocation, reuse analysis, and the valuation of partial interests including leasehold, leased fee and minority interests. He also acts as a review appraiser for multiple public agencies.
Among the more unique properties appraised by Mr. Donahue in recent years are - Chet Holifield Federal Building (aka “the Ziggurat”) in Laguna Niguel, - Los Angeles County Museum of Natural History, Los Angeles - LAC-USC Keck Medical Center, Los Angeles,
- MLK Medical Center, Los Angeles,
- Orange County Rescue Mission, Santa Ana,
- Page Museum at the La Brea Tar Pits, Los Angeles,
- Tejon Ranch, 270,000 acres (Conservation Easement), Lebec - Westmont College, Montecito,
- Mater Dei High School, Santa Ana
- CBX Border Crossing at the US/Mexican border, Otay Mesa. - Berth 400, Port of Los Angeles
For the past several decades he has specialized in the valuation of numerous churches, schools, non-profit facilities, and camps, in addition to his right-of-way experience.
Mr. Donahue has been a featured speaker at Appraisal Institute functions, a USPAP Instructor, and previously served on the organization’s national Board of Directors as Regional Chair, Member of the Executive Committee, and Chair of the National Audit Committee. He is a recipient of the Bert L. Thornton Professional Service Award of the Southern California Chapter of the Appraisal Institute, awarded in recognition of many years of unselfish dedication to the Appraisal Institute and its Professional Goals and for the exemplary conduct displayed during their professional career.
Pro Accreditations
‒ Licenses: California, Certified
Real Estate Appraiser,
AG008427, Expires April 2025
Professional
Affiliations &
Accreditations
‒ Member: Appraisal Institute
‒ MAI No. 7420
‒ Member: International Right of
Way Association – Chapter 67
Education
‒ B.A., History,
‒ California Polytechnic
University, Pomona
Agreements for Professional Services to perform As-Needed Professional R... Page 370 of 1755 2 ©2024 CBRE, INC.
PROFILES
Professional Activities & Affiliations
‒ Member: IRWA Chapter 67
‒ Appraisal Institute: Past Member of the National Board of Directors and Executive Committee ‒ Appraisal Institute: Past Chair of the AI National Audit Committee ‒ Appraisal Institute: Past President of Southern California Chapter ‒ Appraisal Institute: Former Instructor - USPAP and AI Business Ethics courses ‒ Appraisal Institute: Southern California Chapter - Speaker: The Valuation of Religious Properties Qualified Before Courts & Administrative Bodies
‒ Orange County Superior Court
‒ US Bankruptcy Court
‒ Orange County Assessment Appeals Court
‒ San Bernardino County Assessment Appeals Court
‒ Los Angeles County JAMS Resolution Hearings
Significant Right-Of-Way Assignments
‒ I-405 Highway Widening Project / OCTA (as an employee of Overland Pacific & Cutler) ‒ Valuation of multiple parcels for partial acquisition, including air rights, corridor rights, and other easement rights. ‒ LACMTA
‒ Numerous projects over several years on several projects for acquisition purposes UCLA/Westwood Subway Station surface and sub-surface rights Western/Wilshire Subway Station surface and sub-surface rights Japanese Village surface and sub-surface tunnel rights
Beverly Hills High School – surface sub-surface tunnel rights East San Fernando Valley Corridor – full acquisition rights for 16 parcels ‒ SR-55 Highway Widening Project / OCTA/Monument (as an employee of Integra Realty Resources – OC) ‒ Valuation of multiple parcels for partial acquisition purposes and reviews of third-party appraisals. ‒ City of Ojai / EPIC Real Estate Solutions
‒ Proposed partial acquisitions for road and bike lane easements on over a dozen properties ‒ Mt. Vernon Bridge Replacement Project/ San Bernardino / Epic Real Estate Solutions (as an employee of IRR-OC) ‒ Appraised multiple properties for partial acquisition purposes ‒ SR 91 Freeway Widening Project / Riverside County Transportation Commission (as an employee of Overland Pacific & Cutler)
‒ Review of numerous third-party appraisals.
‒ SR-91 /Central Avenue to Acacia Court Improvement Project / Epic Real Estate Solutions ‒ Appraised several properties for partial acquisition purposes ‒ LOSSAN Land acquisitions / Monument ROW (as an employee of IRR-OC) ‒ Railroad land for exchange purposes in San Luis Obispo ‒ Port land for exchange purposes at the Port of San Diego in National City ‒ City of Laguna Niguel / Monument (as a sub for Psomas) ‒ Four parcels at the intersection of Crown Valley Parkway and Cabot Road for partial acquisition purposes ‒ Lakewood Boulevard Pedestrian Improvement Project / City of Downey / Willdan (as an employee of IRR-OC) ‒ Valuation of roadway easements from several properties for road widening and sidewalk improvement. ‒ Warner Avenue Widening Improvement Project / City of Santa Ana (as an employee of IRR-OC ‒ Valuation of several properties for full acquisition purposes ‒ County of Orange
‒ Flowage Easement, Eastvale
Agreements for Professional Services to perform As-Needed Professional R... Page 371 of 1755 1 CHRISTINE S. SANTOLUCITO, R/W-AC
31600 Railroad Canyon Road, Suite 100-L, Canyon Lake, CA 92587 951-225-3500 x 101
Christie is the President (CEO) and Secretary of the Santolucito Doré Group, Inc. In this role, Christie directs all valuation assignments and is responsible for the day-to-day operations of the business. She is the lead appraiser and works closely with her partner, Lance W. Doré, MAI, FRICS, and team of appraisers on complex appraisal assignments.
Christie is a Certified General Real Estate Appraiser who holds the Right of Way Appraisal Certification (R/W-AC) through the IRWA.
She is a Practicing Affiliate through the Appraisal Institute. Christie has performed hundreds of full and partial acquisition appraisals and appraisal reviews for right of way projects for public agency clients and fee simple and leased fee valuations for private clients and financial institutions. Property types appraised and/or reviewed include single- and multi-tenant office buildings, industrial properties, research and development buildings, retail properties, auto-related properties, mixed-use properties, single- and multifamily residential properties, special-use properties, open space/environmentally sensitive land, agricultural land, and other types of vacant land.
Christie is also a California Licensed Real Estate Salesperson and is currently pursuing her Brokers license (expected 2024). Christie has been involved with various real estate tasks/transactions for multiple public and private entities, including BNSF and UPRR.
Her previous experience includes more than eight years of office management in various capacities including management of a commercial appraisal firm, prior to owning and operating SD Group.
EDUCATION
Bachelor of Arts, Business
Administration and Leadership
Concordia University, Irvine, CA
Cum Laude Graduate, 2006
(GPA of 4.0 at Concordia)
LICENSES
Certified General RE Appraiser
State of California
Certificate No. AG043715
Expires 2/14/2026
Real Estate Salesperson
State of California
License No. 01820326
Expires: 1/23/2028 (Broker
License expected 2024)
PROFESSIONAL
MEMBERSHIPS
Member, International Right of
Way Association; Chapter 57
2018/19 President
Candidate for Designation,
Appraisal Institute; SCCAI
IEMTS Committee; Eastern
Branch Advisor, Region VII
Representative 2023-24
INDUSTRY
TENURE
18 Years
PROJECT EXPERIENCE
San Bernardino County Transportation Authority (SBCTA) as a sub to Overland Pacific & Cutler, LLC, Epic Land Solutions, Inc., and Bender Rosenthal, Inc., West Valley Connector Project, San Bernardino County, CA. Christie and her team appraised 45 properties and reviewed 19 appraisals within segments 1, 2, and 4 for this road widening transit project. Property types includes multi-family residential, mixed-use, commercial, and industrial properties subject to proposed partial acquisitions.
OCTA as a sub to Epic Land Solutions, Inc., SR-55 Widening Project, Orange County, CA.
Christie and her team provided appraisals of two high-profile properties subject to complex partial acquisitions. An additional appraisal of a partial acquisition within an existing street was made.
Eastern Municipal Water District (EMWD), On-Call Appraisal Contract, Riverside County, CA. Appraiser. Christie and her team provide appraisals for various projects on an on-call basis including an appraisal of a landlocked residential parcel next to an EMWD facility for full fee acquisition, residential subdivision land subject to partial acquisition for a water line easement for the Dunlap Drive Project, two appraisals of vacant multi-family land, one being subject to full
Agreements for Professional Services to perform As-Needed Professional R... Page 372 of 1755 2 acquisition and the other subject to partial acquisition of a sewer easement and temporary construction easement for the Sky Canyon Sewer Project, and two appraisals of vacant medium-to-high density residential acreage properties subject to partial acquisition for sewer and access easements for the Pala Lift Station Project.
County of San Bernardino / SBCTA, I-10 / Cedar Avenue Interchange Project, Bloomington, CA. Appraiser. Christie and her team completed 29 appraisals of single-family, commercial, and industrial property subject to partial acquisition for this interchange project.
City of San Jacinto as a sub to Overland Pacific & Cutler, LLC & Best, Best & Krieger LLP, San Jacinto, CA. Appraiser. Christie and her team completed eight appraisals of parcel impacted by the Esplanade Widening Project and two parcels impacted by the Shaver Street Signalization Project. These projects posed unique valuation challenges, since the majority of parcels slated for proposed acquisition were subject to dedication requirements.
SBCTA as a sub to Overland Pacific & Cutler, LLC, I-10 Corridor Express Lanes Project, County of San Bernardino, CA. Christie and her team appraised 50+ properties impacted by construction packages 1, 2, and 4. Property types include single-family and multi-family residential properties for proposed partial acquisitions associated with this fast-paced designbuild project.
City of Riverside, Various Assignments, Riverside, CA. Appraiser. Christie and her team have appraised multiple residential and commercial surplus properties for disposition as well as a business park zoned property for partial acquisition of a transmission line easement.
City of Menifee, Fire Stations, Menifee, CA. Appraiser. Christie and her team provided and appraisal of a vacant commercial parcel for voluntary acquisition for the construction of a City maintenance building and appraisals of 5 fire stations and the future City Hall site for internal asset valuation and auditing purposes.
Riverside County Flood Control and Water Conservation District (RCFCWCD), Riverside County, CA. Appraiser. Christie and her team provided three appraisals of industrial and commercial land subject to partial acquisition of storm drain easements for the Wildomar MDP Lateral C, Stage 3 Project and two appraisals of vacant multi-family residential land and open space land subject to partial acquisition of underground storm drain easements for the Palm Springs MDP Line 4, Stage 4 Project.
City of Pomona, Various Assignments, Pomona, CA. Appraiser. Christie provided appraisals of various property types including vacant land, parking lots, and commercial buildings for potential acquisition or disposition purposes.
SBCTA as a sub to HDR, Inc., Redlands Passenger Rail Project (RPRP), San Bernardino and Redlands, CA. Appraiser. Christie and her team completed multiple appraisals of commercial and industrial property subject to partial acquisition as part of this 9-mile passenger rail project. During her tenure at HDR, Christie was part of the pre-acquisition planning stages for the RPRP and provided capital cost estimates for various alternatives. In addition to the RPRP project, Christie provided appraisals of 24 parcels and review of 54 appraisals for the E Street Corridor BRT Project, 8 appraisals reviews for the San Bernardino Passenger Rail Project, and 4 reviews for the San Bernardino Transit Center Project – all of which were interrelated projects.
California High Speed Rail Authority (CHSRA) as a sub to Continental Field Service, California High Speed Rail Project, Central Valley, CA. Review Appraiser. Christie is reviewing appraisals for this large-scale project. Property types include agricultural, residential, commercial, and industrial properties primarily impacted by complex partial acquisitions.
Agreements for Professional Services to perform As-Needed Professional R... Page 373 of 1755 Section Four
Cost Proposal
Monument’s proposed Fee Schedule has been included as a separate attachment and submitted electronically.
Agreements for Professional Services to perform As-Needed Professional R... Page 374 of 1755 monumentrow.com
200 SPECTRUM CENTER | SUITE 300 | IRVINE, CA 92618
THANK YOU
FOR YOUR CONSIDERATION
Agreements for Professional Services to perform As-Needed Professional R... Page 375 of 1755 IND-PSA rev20221214 Monument ROW
Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
Agreements for Professional Services to perform As-Needed Professional R... Page 376 of 1755 SUBMITTED ON MAY 8, 2024
COST PROPOSAL TO
PROVIDE ON-CALL
PROFESSIONAL
RIGHT-OF-WAY
SERVICES
PREPARED BY:
MONUMENT
200 Spectrum Center
Suite 300
Irvine, CA 92618
Ph: 800.577.0109
www.monumentrow.com
PREPARED FOR:
CITY OF INDIO
100 Civic Center Mall
Indio, CA 92201
Agreements for Professional Services to perform As-Needed Professional R... Page 377 of 1755 May 8, 2024
City of Indio
RFQ Review Panel
100 Civic Center Mall
Indio, CA 92201
Subject: Cost Proposal to provide On-Call Professional Right-of-Way Services RFQ Review Panel,
Monument is pleased to submit this Cost Proposal to the City of Indio for On-Call Professional Right-of-Way Services.
Monument understands and is sensitive to the budget constraints that government entities often face; therefore, we are happy to provide competitive rates that fall within the City’s budget. The following pages represent hourly rates for each service proposed by Monument; right-of-way services, appraisal services, and right-of-way engineering and survey.
Monument was established with the intent to provide true expertise and focused client service. That is exactly what we do. We are confident that our proposal clearly identifies the ways in which Monument can fulfill the needs of the City. Our team has the experience and skill required to meet the needs of the City’s upcoming projects and we are interested in forging a long-term relationship to provide ongoing right-of-way services to the City.
Warmly,
Amber Costello,
President and CEO
Monument
Agreements for Professional Services to perform As-Needed Professional R... Page 378 of 1755
HOURLY RATE SCHEDULE
Right of Way Management & Implementation
Program Director / Principal $290.00 per hour
Senior Project Manager $210.00 per hour
ROW Project Manager 2 $190.00 per hour
ROW Project Manager 1 $160.00 per hour
Senior Agent / Senior Analyst $145.00 per hour
Agent 2 / Property Manager $120.00 per hour
Agent 1 $110.00 per hour
Senior Project Coordinator $120.00 per hour
Project Coordinator 2 $110.00 per hour
Project Coordinator 1 $100.00 per hour
Senior Project Analyst $135.00 per hour
Project Analyst $110.00 per hour
Researcher $90.00 per hour
Project Support / Administrative
Professional Staff $85.00 per hour
Project Controller 2 $100.00 per hour
Project Controller 1 $75.00 per hour
Project Support Specialist $75.00 per hour
The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service. These expenses including out-of-pocket expenses such as pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).
In the event Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees.
If required, these types of services will be invoiced at two times the regular hourly rates.
In the event this contract extends beyond the initial term of the PSA, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.
Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.
Monument will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable.
Agreements for Professional Services to perform As-Needed Professional R... Page 379 of 1755
SCHEUDLE OF HOURLY RATES
Rick Donahue, MAI $350/hour – Appraisal & Consulting
$450/hour – Trial Preparation and Expert Witness Testimony Staff Appraisers $225/hour to $325/hour
Senior Valuation Associates $140/hour to $210/hour
Valuation Associates $120/hour to $135/hour
SCHEUDLE OF HOURLY RATES
Christie Santolucito, R/W-AC $350/hour – Appraisal & Consulting $450/hour – Trial Preparation and Expert Witness Testimony Staff Appraisers $120/hour to $200/hour
Administrative/Research $80/hour
SCHEUDLE OF HOURLY RATES
Survey Manager $225/hour
Sr. Mapping Manager $220/hour
SCHEUDLE OF HOURLY RATES
The services provided by Commonwealth Land Title Company are priced based on the complexity of each title issue.
SCHEUDLE OF HOURLY RATES
Project Manager $230/hour to $260/hour
Project Surveyor $195/hour to $215/hour
Agreements for Professional Services to perform As-Needed Professional R... Page 380 of 1755 IND-PSA rev20221214 Monument ROW
Addendum 1 - Insurance
Page | 1
ADDENDUM “1”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
Agreements for Professional Services to perform As-Needed Professional R... Page 381 of 1755 IND-PSA rev20221214 Monument ROW
Addendum 1 - Insurance
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
Agreements for Professional Services to perform As-Needed Professional R... Page 382 of 1755 IND-PSA rev20221214 Monument ROW
Addendum 1 - Insurance
Page | 3
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Agreements for Professional Services to perform As-Needed Professional R... Page 383 of 1755 IND-PSA rev20221214 Monument ROW
Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"
FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.
Agreements for Professional Services to perform As-Needed Professional R... Page 384 of 1755 ATTACHMENT 3
Agreement with Overland,
Pacific & Cutler, a division
of TranSystems
Agreements for Professional Services to perform As-Needed Professional R... Page 385 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 1
PROFESSIONAL SERVICES AGREEMENT
FOR AS-NEEDED PROFESSIONAL RIGHT-OF-WAY SERVICES
BETWEEN THE CITY OF INDIO AND OVERLAND, PACIFIC & CUTLER, A DIVISION OF
TRANSYSTEMS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of June 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Overland, Pacific & Cutler, a division of TranSystems, a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by issuance of request for qualifications, the performance of as-needed professional right-of-way services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms
Agreements for Professional Services to perform As-Needed Professional R... Page 386 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 2
and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $250,000/fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.
Agreements for Professional Services to perform As-Needed Professional R... Page 387 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 3
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
Agreements for Professional Services to perform As-Needed Professional R... Page 388 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 4
over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
Agreements for Professional Services to perform As-Needed Professional R... Page 389 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 5
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general
Agreements for Professional Services to perform As-Needed Professional R... Page 390 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 6
standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.
To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
Agreements for Professional Services to perform As-Needed Professional R... Page 391 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 7
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
Agreements for Professional Services to perform As-Needed Professional R... Page 392 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Page | 8
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, the negligent performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 17. INSURANCE.