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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.
(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.
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(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.
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
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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: Overland, Pacific & Cutler, a division of TranSystems
Attn: Brian Everett, President
2280 Market Street, Suite 200
Riverside, CA 92501
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.
SECTION 28. AMENDMENT.
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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).
SECTION 34. INCORPORATION AND CONFLICTING TERMS.
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(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]
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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR AS-NEEDED PROFESSIONAL RIGHT-OF-WAY SERVICES
BETWEEN THE CITY OF INDIO AND OVERLAND, PACIFIC & CUTLER, A DIVISION OF
TRANSYSTEMS
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:
Brian Everett
Its: President
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Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Agreements for Professional Services to perform As-Needed Professional R... Page 400 of 1755
REQUEST FOR QUALIFICATIONS
ON-CALL PROFESSIONAL
RIGHT-OF-WAY SERVICES
Due 05/08/2024
OPC Contact:
Liz O’Neil
213.793.5477
[email protected]
•CITY OF
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TABLE OF CONTENTS
1. COVER LETTER A
2. STATEMENT OF QUALIFICATIONS 1
Brief Company Profile �������������������������������������������������������������������������������������� 1 Listing of Project Personnel ��������������������������������������������������������������������������� 2 References ��������������������������������������������������������������������������������������������������������� 5
3. SCOPE OF WORK 9
Project Management���������������������������������������������������������������������������������������� 9 Relocation Services-Residential �����������������������������������������������������������������10 Relocation Services-Business����������������������������������������������������������������������11 Acquisition Services ��������������������������������������������������������������������������������������12 Real Estate Appraisal Services���������������������������������������������������������������������13 Appraisal Review Services����������������������������������������������������������������������������14 Title Services���������������������������������������������������������������������������������������������������15 Survey Services ����������������������������������������������������������������������������������������������15 Cost Estimating ����������������������������������������������������������������������������������������������17 Utility Coordination���������������������������������������������������������������������������������������18 Property Management Services������������������������������������������������������������������18 APPENDIX 19
Resumes ��������������������������������������������������������������������������������������������������������A-1 Exceptions to the Standard Agreement for Professional Services ��A-20
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Donn Uyeno, Principal Civil Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201
RE: REQUEST FOR QUALIFICATIONS
ON-CALL PROFESSIONAL RIGHT-OF-WAY SERVICES
Dear Donn:
Overland, Pacific & Cutler, a division of TranSystems (OPC), understands that the City of Indio (City) is seeking qualified firms to join their list of vendors to provide on-call right-of-way services to augment the City’s inhouse resources. This proposal will demonstrate to you why OPC is the right choice for the City.
OPC is a Southern-California-based right of way firm in business since 1980.
With decades of EXPERIENCE in the right of way field, OPC has consistently been a leading provider of right of way coordination, including acquisition assistance, planning, and associated services for local municipalities, transportation authorities, affordable housing developers, and public utilities. Since our inception in 1980, we have acquired rights and easements from over 60,000 parcels. Local, regional, state, and federal agencies call upon OPC for reliable on-call and project-based real estate services to address their most challenging assignments.
Through our DEDICATION to innovation and turnkey right of way services, we bring in-house capabilities for all levels of complexity for right of way coordination.
We have committed a deep Inland Empire area team with AVAILABILITY to successfully deliver right of way for projects under federal, state, and tribal oversight. Together, OPC has the management, staff, systems, and support structure to provide comprehensive right of way services with the utmost commitment to quality, integrity, and care.
Your main point of contact for the services we will provide will be our Senior Program Manager, Victoria Cook. She can be reached at [email protected], or 951.801.6816. Brian Everett, President of OPC, has the authority to sign on behalf of the firm. He can be reached at [email protected], or at 562.304.2000.
Please refer to the Appendix for Exceptions to the Standard Agreement for Professional Services. All information contained herein is true and correct. Our proposal is valid for 90 days from the date submitted.
If you have any questions or require additional information or clarifications, please contact our Director of Client Development, Liz O’Neil at 213.793.5477, email at [email protected], or mail at 5000 Airport Plaza Dr. Suite 250, Long Beach, CA, 90815.
Respectfully submitted,
Brian Everett
President, Real Estate Division
1. COVER LETTER
EXPERIENCE
Backed by 44 years of company right of
way experience throughout the Inland
Empire, our team is ready now to
deliver results.
OPC’s local R/W acquisition team
and chosen sub-contractors have
hundreds of years of experience on
thousands of projects.
DEDICATION
All disciplines required for the full scope
of services with an understanding of the
City’s requirements and objectives.
OPC has assembled an experienced,
qualified team to support any right of
way property acquisition needs.
AVAILABILITY
Our local staff is available to start
whenever and wherever our services
are needed.
Agreements for Professional Services to perform As-Needed Professional R... Page 403 of 1755 1 BRIEF COMPANY PROFILE
OPC has been providing right of way services since 1980. Since 1966, our parent company Transystems has worked with governmental clients to plan, design, build, and inspect their transportation and infrastructure projects.
Combined, our two companies have over 1,800 employees in over 65 offices throughout the United States.
OPC has been consistently focused on right of way identification, cost estimating, title research, appraisal, acquisition, relocation assistance, utility coordination, disposition of surplus property, and other property services throughout the west and across the country for private companies, local municipalities, and other governmental agencies for over four decades.
.
Our comprehensive right of way areas of expertise include:
2. STATEMENT OF QUALIFICATIONS
ACQUISITION
RELOCATION STAFF AUGMENTATION
TITLE RESEARCH R/W COST ESTIMATING APPRAISAL VALUATION
PROPERTY SERVICES BROKERAGE SERVICES COMMUNITY EQUITY
UTILITY COORDINATION
OPC’s responsive local team will provide the
City with expert turnkey right of way services.
All services will be performed in line with
the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as
amended (Uniform Act, or URA) (49 CFR Part
24), US Department of Housing and Urban
Development (HUD), California Eminent
Domain law, and local guidance.
Our team of licensed real estate brokers, agents,
and appraisers, have worked extensively
throughout the Inland Empire. Our staff are
renowned for their expertise in acquisition and
relocation supporting public infrastructure,
frequently hosting courses and seminars
through the International Right of Way
Association (IRWA), National Association of
Housing and Redevelopment Officers (NAHRO),
and other industry groups.
Agreements for Professional Services to perform As-Needed Professional R... Page 404 of 1755 2 OPChas over 130 Real Estate professionals on staff, and we have highlighted our key staff to serve the City on the next few pages. In selecting the OPC team, the City receives the attention of the most qualified ROW specialists available. Senior Program Manager Vicky Cook and Senior Project Managers Roy Guinaldo and Melissa Mann bring extensive experience on California right of way programs, supporting program compliance, preservation of funding, and right of way and related services on-time and within budget. Our team brings expert working knowledge of real estate-related state and federal guidelines such as the Title 49 Code of Federal Regulations (CFR) Part 24, State of California Eminent Domain Law, Uniform Standards of Professional Appraisal Practice (USPAP), Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, effective as of February 2005 (URA or Uniform Act), and Caltrans Right of Way Manual. Our vast experience will help the City meet its goals and objectives.
All staff included here, including our carefully chosen sub-consultants, have capacity to provide services for Indio as they arise.
Our project manager for the City is Vicky Cook, highlighted in yellow, below.
NAME COMPANY ROLE EXPERIENCE WHY SELECTED
BRIAN EVERETT OPC
Principal/
Broker-inCharge
38 years supporting
the right of way
industry.
Brian is a seasoned real estate
professional with expertise in
property acquisition, relocation
assistance, and property
management services.
VICKY COOK OPC
Project
Manager for
the City
25 years supporting
the right of way
industry.
Vicky has overseen many largescale transportation projects and has managed staff for
on-call task orders for years
with similar scope items to this
RFQ. She has ample ability to
manage the proposed contract.
ROY GUINALDO, RWA,
RWP OPC
Senior Project
Manager
Acquisitions
35 years supporting
the right of way
industry.
Roy has performed as project
manager on dozens of on-call
task orders with similar scope
items to this RFQ.
MELISSA MANN OPC
Senior Project
Manager -
Relocations
15 years supporting
the right of way
industry.
Melissa demonstrates
exceptional expertise in
managing over 100 relocations,
spanning residential, complex
nonresidential, and billboard
transitions over her career.
KELLY DEWITT OPC
Project
Manager -
supporting
Acquisitions
36 years supporting
the right of way
industry.
Kelly provides extensive
experience in right of way
acquisition, real estate
transactions.
NORMA JACQUEZ OPC
Project
Managersupporting
Relocations
22 years supporting
the right of way
industry.
Norma was chosen for her
years of experience, and her
bi-lingual capabilities.
LISTING OF PROJECT PERSONNEL Page 171 of 225 AGENDA ITEM #8.15 Agreements for Professional Services to perform As-Needed Professional R... Page 405 of 1755 3 NAME COMPANY ROLE EXPERIENCE WHY SELECTED
KATIE QUICK OPC
Senior AgentAcquisitions
and
Relocations
Five years providing
acquisition support
for right of way
projects.
Katie was chosen for her
negotiation abilities, and her
experience with surplus land
sales and relocation services.
STEVE LOPES OPC
Senior Agent
- Supporting
Acquisitions
and Property
Management
25 years in property
management and
supporting the right
of way industry.
Holding an MBA in Business
Administration, Steve has
an excellent background to
support the scope of services
for the City.
SKIP CARLETON OPC
ROW
Engineering
Manager
- Survey
Oversite
Skip has provided
local agencies/
municipalities land
surveying and right
of way engineering
support services
across the western
US for 50 years.
Skip is our in-house survey
expert. He will oversee the
survey subconsultants, and
provide in-house assistance
when needed.
DAVID MOORE OPC Senior Utility
Manager
14 years, including
11 years working for
Caltrans as a utility
coordinator.
David will lead our team for
any needed utility coordination
work task orders.
DEBBIE MORGAN OPC
Project
Controls
Analyst
- Escrow
coordination
37 years experience
providing support
on right of way
projects.
Debbie provides excellent
support for title, escrow,
relocation, acquisition, and
project management projects.
ANDREW NIERENBERG,
MAI OPC
Appraisal
Manager
- Oversee
Appraisals/
conduct
Review
Appraisals
40 years providing
appraisal services,
with emphasis
on appraisal for
partial acquisition
of fee and easement
rights.
Andy’s extensive background in
all facets of right of way makes
him an exceptional addition to
the team.
SUB-CONSULTANT TEAM
BETH FINESTONE, MAI,
AI-GRS, FRICS, CRE CBRE Appraisal Services
40 years providing
appraisal services.
Beth has specialized in
valuation and consulting
services related to public
agency clients and has
significant experience
appraising properties in the
Inland Empire. She has worked
with OPC on dozens of projects.
LISTING OF PROJECT PERSONNEL Page 172 of 225 AGENDA ITEM #8.15 Agreements for Professional Services to perform As-Needed Professional R... Page 406 of 1755 4 NAME COMPANY ROLE EXPERIENCE WHY SELECTED
JOHN PENNER, MAI Valbridge Appraisal
Services
41 years providing
appraisal services.
John has significant experience
providing appraisals for right
of way programs throughout
Southern California, and has
worked with OPC for years.
SHARON HENNESSEY,
MAI, SR/WA, AI-GRS
Hennessey &
Hennessey
Appraisal
Review
Services
40 years experience
providing appraisal
and appraisal
review services.
Sharon has appraised
properties for right of way
projects throughout California,
and has worked with OPC for
decades.
TIM FETTIG, PLS Guida Survey
Services
36 years experience
providing survey
services.
With a strong foundation
in control survey networks,
aerial photogrammetry, and
topographic design surveys, he
brings invaluable expertise to
his work. The Guida team has
worked with OPC for years.
REFERENCES
The following pages contain three references where OPC has provided similar scopes of work that are included in this RFQ.
Extensive level of
staffing resources
available through
local offices
OPC’s QuickBase
platform for efficient
project integration
Dedicated analytics
department monitoring
staff workload and
real-time forecasts
WE’RE READY TO WORK WHEN YOU ARE. For workload availability responses LISTING OF PROJECT PERSONNEL Page 173 of 225 AGENDA ITEM #8.15 Agreements for Professional Services to perform As-Needed Professional R... Page 407 of 1755 5 REFERENCES
RCTC SR-91 CORRIDOR IMPROVEMENT
RIVERSIDE AND ORANGE COUNTIES, CA
CLIENT
Riverside County
Transportation
Commission
FIRM RESPONSIBILITY
Prime
LENGTH OF CONTRACT
2009-2024 (Surplus Sales
continue)
REFERENCE
Hector Casillas
Tel: 951.787.7141
[email protected]
$
SIMILARITIES IN SCOPE OF SERVICES
OPC activities started in the PA/ED phase providing right of way cost estimates and right of way Data Sheets. Documents addressed the impacts of over 500 properties within three (3) proposed project alternatives and 20 unique design variations. OPC prepared the Draft Relocation Impact Report and worked closely with the Engineer to identify 50 parcels of land with moderate to severe operational impacts with potential for full acquisition. Comprehensive reports identified site improvement plans, estimates, preliminary drainage and water quality management calculations, along with summary reports to help minimize operational impacts and eliminate potential for full acquisition.
OPC was integral in the success of the design-build project implementation. Innovative solutions provided the project ahead of schedule with estimated capital expenditure savings near $60 million. OPC and the prime engineer company worked closely with RCTC and the City to supplement the parcel mitigation design services. OPC developed a comprehensive construction program for the demolition of over 80 existing residential, industrial, and commercial properties totaling $5.5 million in construction costs.
Services included acquisition, relocation (both business and residential), appraisal, property management, demolition, utility coordination, and program management of all right of way services. Complex
relocations included large complex commercial
businesses, mobile home parks, and storage units.
OPC continues to support this project with disposal
of surplus property.
Acquisition Utility Coordination
Property
Management
RW Cost Estimates
Relocation
Appraisal & Review
Brokerage Services
$
Project Management
REFERENCE 1 Page 174 of 225 AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 408 of 1755 6 SBCTA I-10 EXPRESS LANES PROJECT, DESIGN BUILD
San Bernardino County, CA
CLIENT
San Bernardino County
Transportation Authority
FIRM RESPONSIBILITY
Prime
LENGTH OF CONTRACT
2016 - Ongoing
REFERENCE
Chad Costello
Project Manager
Tel: 909.884.8276
[email protected]
SIMILARITIES IN SCOPE OF SERVICES
OPC is working on Phase 1 of the I-10 Express Lanes, located in the southwestern portion of San Bernardino County east of Los Angeles County.
The project will widen the existing I-10 freeway between the Los Angeles/ San Bernardino County line and I-15, a distance of approximately 10 miles.
The project includes two tolled express lanes in each direction. In addition, lanes to assist drivers getting on and off the freeway (auxiliary lanes) will be constructed in selected locations.
OPC is providing full service right of way program management including management of acquisition, relocation, property management, cost and document controls, policy development, scheduling, risk assessment, and utility coordination oversight. The project requires the acquisition of approximately 196 parcels, subsurface easement acquisition, relocation assistance for one residential occupant, property management, and utility coordination for six Joint-Use Consent Utility Agreements. OPC is also providing construction support and project close-out services.
OPC has been instrumental in the coordination between the Design-Build team and the Caltrans District 8 oversight at the District ensuring all policies, procedures, and proper documentation were appropriately administered to achieve the required deadlines and certifications of right of way and utility conflicts. OPC thorough understanding of Caltrans Master Contracts, easement rights, and liability determination based on the Streets and Highways Code were essential in meeting the utility deadlines required for the project.
Acquisition
Property
Management
Utility Coordination
Oversight
Relocation
$
Project Management
Agreements for Professional Services to perform As-Needed Professional R... Page 409 of 1755 7 RCTC - MID-COUNTY PARKWAY
Perris Valley and Southwestern Riverside County, CA
CLIENT
Riverside County
Transportation
Commission (RCTC)
FIRM RESPONSIBILITY
Prime
LENGTH OF CONTRACT
2016-Ongoing
REFERENCE
Hector Casillas,
Right of Way Manager,
RCTC
Tel: 951.787.7141
SIMILARITIES IN SCOPE OF SERVICES
Since 2016, OPC has been RCTC’s partner for all right of way services on their ambitious $1.1 billion Mid County Parkway (MCP) Program to relieve traffic in the Perris Valley and southwestern Riverside County. The new 16-mile corridor will span from I-215 at Placentia Avenue eastward to SR-79 through the cities of Perris, Nuevo, Lakeview, San Jacinto, and Hemet. Current funding for the $42 million construction phase of the I-215 Placentia Ave Interchange project is provided by a combination of state funding, federal funding, and Measure A, the voter-approved half-cent sales tax for transportation improvements in Riverside County.
The entire MCP program is being delivered in nine phases. Right of way requirements will include partial or full take acquisition of approximately 300 parcels of undeveloped, residential (mobile homes, development track, and custom-built estates), commercial, industrial, agricultural, and railroad properties as well as over 130 relocations.
Pre-Acquisition Services / Landowner Outreach: OPC is providing preliminary parcel research and landowner outreach as part of the MCP project for RCTC and WRCRCA. For the MCP Settlement Fund with WRCRCA, OPC was tasked to contact 10 landowners to assess their potential interest in willful sale of their properties for habitat mitigation. The parcels were predominately agricultural/farmland in West Riverside County, including dairy farms near the Ramona Expressway segment.
OPC was also contracted by RCTC to provide property, owner, and title research, PTRs, and landowner outreach services for eleven parcels located within the MCP Ramona Expressway Project segment. These pre- acquisition tasks allow our team to be equipped with pertinent information regarding each parcel and develop relationships with the property owners to assist with future negotiations during the Right of Way phase.
Acquisition
Property
Management
Utility Coordination
Oversight
Relocation
$
Project Management
Title
REFERENCE 3 Page 176 of 225 AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 410 of 1755 8 The table below contains a sampling of our most recent and on-going projects where OPC has provided right of way services in Riverside County. Four detailed ongoing projects are found in the appendix.
Our depth and breadth of projects, large and small, demonstrate that we are the right choice to provide professional right of way services for the City of Indio.
2. STATEMENT OF QUALIFICATIONS
PROJECT AGENCY
Coachella Valley
Project Management
Acquisition Services
Relocation Services
Appraisal
Utility Coordination
Survey or Property Mng.
Title/Escrow
MADISON STREET WIDENING PROJECT W/
ALBERT A. WEBB CITY OF INDIO ✓ ✓ ✓ ✓ ✓
AVENUE 44 ALL-WEATHER BRIDGE W/T.Y. LIN CITY OF INDIO ✓ ✓ ✓ ✓ ✓ I-10 AT JACKSON ST. INTERCHANGE PROJECT
W/MICHAEL BAKER CITY OF INDIO ✓ ✓
GILMAN SPRINGS ROAD IMPROVEMENT
PROJECT RCTD ✓ ✓ ✓ ✓ ✓
SR-91 CORRIDOR IMPROVEMENT RCTC ✓ ✓ ✓ ✓ ✓ PM ✓
I-10 EXPRESS LANES PROJECT, DESIGN BUILD SBCTA ✓ ✓ ✓ ✓ ✓ ✓ MID-COUNTY PARKWAY PROJECT RCTC ✓ ✓ ✓ ✓ ✓ ✓
I-15 EXPRESS LANES PROJECT W/PARSONS RCTC ✓ ✓ SUR
I-10/CEDAR AVENUE INTERCHANGE PROJECT SBCTA ✓ ✓ ✓ SUR
WASHINGTON ST. AT FRED WARING DR. TRIPLE
LEFT TURN LANES PROJECT LA QUINTA ✓ ✓ ✓ ✓ ✓
VISTA CHINO LOW-WATER CROSSING
REPLACEMENT
CITY OF PALM
SPRINGS ✓ ✓ ✓ ✓ ✓
Agreements for Professional Services to perform As-Needed Professional R... Page 411 of 1755 9 3. SCOPE OF WORK
PROJECT MANAGEMENT
Management of project and financial records is an essential part of a successful right of way program that stands up to audit. Led by Senior Project Manager Vicky Cook, our project management approach will focus on keeping the City’s objectives as our team’s top priority.
The OPC Project Management
team will participate in ongoing
general consultation and project
coordination with the City, the
chosen engineering consultant, and
any other project team members,
such as Caltrans, utilities, other
local governments, and other
necessary stakeholders. We will
also submit agendas for and
participate in meetings, including
Project Design Team meetings.
These meetings are imperative
for developing win-win strategies
early on, thus keeping the City’s
right of way program on schedule.
Objectives for early meetings will
include:
• Establishing lines of
communication for effective
coordination
• Reviewing mapping and right of
way exhibits necessary to begin
appraisal activities
• Coordinating timelines and any updates to the master schedule • Prioritizing rights needed and acquisition schedule
• Securing or ordering title information for review
• Developing innovative strategies for negotiations, such as incentive programs As part of ongoing project management activities, we will:
• Track and manage all budgetary-related aspects of the Project associated with our right of way contract • Prepare tracking reports that monitor the completion of tasks • Manage subcontractors, with support from OPC’s dedicated project controls team • Provide technical direction to project staff
• Quality control measures will be implemented for all work products • Attend meetings and make presentations when needed
Effective
Project
Management
Techniques
PROJECT RESOURCES
• Innovative Project Tools
• 100% Committed Staff
• Accurate Project Protocols
• In-House Subject Matter Experts
QUALITY ASSURANCE
• Auditable Document Controls
• High-Level QA/QC
• Consistent, Organized, Verifiable
• Periodic Management Review
COMMUNICATION
• Responsive Project Management
• Solution-Driven Interaction
• 30% Bilingual Staff
DEDICATED PROJECT TEAM
• All-in Always
• Passionate Problem Solvers
• Driven to Serve
The following pages provide descriptions of the tasks that we would anticipate providing to the City over the course of the contract. We lead with Project Management. Project Management is the common denominator for all of our services, and could be considered the most important service we provide. Our project managers are held to a high standard of quality performance and delivery and the 90%+ rate of repeat clients demonstrates that we deliver on our promises.
OPC understands the need for municipalities and public agencies to establish a trustworthy and reliable bench of oncall consultants. Adding OPC to your bench for right-of-way services provides you with a highly-trained, ready-to-work team, who also happen to love the Coachella Valley area.
Agreements for Professional Services to perform As-Needed Professional R... Page 412 of 1755 10 RELOCATION SERVICES-RESIDENTIAL
RESIDENTIAL RELOCATION PLANNING, ASSISTANCE AND ADVISORY SERVICE OPC has completed more than 60,000 relocations across the country, including temporary and permanent single and multi-family residential projects. We routinely provide relocation assistance to government agencies, housing authorities, non-profit organizations, school districts, transportation authorities, and developers. We dedicate ourselves to providing the highest level of relocation service for every client.
Our relocation services are designed to create a win-win situation for our client and the displacee, fostering an atmosphere of trust and respect among stakeholders. Our Relocation Specialists excel because of their empathy and compassion. Team members have experienced and worked through many hardships with displaced families and are equipped to implement a smooth transition into a new home. We have decades of experience developing techniques to relocate hard-to-house displacees into decent, safe, and sanitary housing that is within their financial means.
Relocation Planning
The first task in the planning phase of a relocation project is the initial meeting with the affected occupants to provide them with an overview of the relocation process. During this meeting our agents will explain what they can expect from the relocation program, the benefits they are eligible to receive, and the advisory assistance that will be provided.
The last major task during the planning stage is the preparation of the Relocation Plan. The Relocation Plan will determine the level of service needed for subsequent relocation assistance activities based on the personal interviews conducted with all affected occupants. The Plan will thoroughly describe the affected project occupants, identify the procedures and the program the County will follow, identify the availability of comparable properties, and provide a relocation budget estimate.
Implementation
With the relocation plan in place, our agents will begin the process of implementing the plan. Implementation includes:
9 Confirming Tenant’s Receipt of Advisory Letter
9 Providing Advisory Services
9 Conducting In-Person Tenant Meetings
9 Gathering Additional Information
9 Teaching details of the Relocation Program to Potential Displacees
9 Providing Replacement Housing Referrals
9 Trust Account Management
9 Delivering Notices, Including Notice to Vacate When Necessary 9 Maintaining Thorough and Accute Files Throughout the Process 9 Conducting File Close-Out
Agreements for Professional Services to perform As-Needed Professional R... Page 413 of 1755 11 STEPS: BUSINESS RELOCATION ASSISTANCE
Per Agency direction, issue a General Information Notice (GIN) regarding the project to all business owners being displaced.
Coordinate with appraisers for inventory of furniture, fixtures and equipment (FF&E) and all moveables.
Our agent coordinates meeting with business owners for business interview, explanation of process and benefits. Building TRUST.
Provide advisory services including researching and providing appropriate replacement sites, coordinating and securing move bids, reconciling FF&E and personal property issues.
Collaborate with the agency and eminent domain counsel to resolve any relocation challenges and mitigate loss of business goodwill claims.
Business secures replacement site and completes successful relocation of business.
1 2
3 4
5 6
BUSINESS RELOCATION
Business relocations offer a degree of complexity above residential relocation, primarily due to the built-in goodwill a particular business may have developed in its current location, and the scarcity that often accompanies available replacement sites.
In order to overcome these challenges, our Business Relocation Specialist meets with the business owners affected by the project to explain the relocation process and how reimbursement for actual, reasonable, necessary, and eligible expenses occurs, including the steps necessary to document and verify their entitlement. Business owners are given all required documentation needed to submit a claim, along with an explanation for each.
Our search for a replacement site considers all factors that will minimize their loss of patronage, zoning and permitting restrictions, specific licensing territories (manufacturers sometimes license or assign a specific retail or distribution area to a retailer to restrict competition), franchise restrictions, access issues, etc.
Our primary goal is keeping the viable businesses going. As business professionals ourselves, we like to seek out all options for the continued operation (their livelihood). We spend the time required with an owner or tenant to try and find out what makes their business successful and incorporate those factors into our replacement site search criteria. This approach is usually rewarded in terms of fewer businesses going out of business, yielding fewer legal issues for the client. Discussions with the affected businesses takes place with sufficient lead time for the affected business to plan for relocation or other arrangements to minimize adverse economic effects. A relocation plan under Title 25, Section 6038, or any Federal counterpart, is prepared to assess potential displacement issues, identify potential relocation resources, and describe relocation planning procedures.
RELOCATION SERVICES-BUSINESS Page 180 of 225 AGENDA ITEM #8.15 Agreements for Professional Services to perform As-Needed Professional R... Page 414 of 1755 12 ACQUISITION SERVICES
OPC handles the entire acquisition process for land, right of way, easements, and other rights needed for public infrastructure projects. We work with our clients to identify and develop the acquisition strategy, identify title issues, prepare just compensation packages, negotiate settlements, close escrow, and clear title.
Successful acquisition under threat of
eminent domain means communicating
appropriate project information to
apprehensive property owners with
limited knowledge of the right of way
process. OPC works to address property
owner concerns equitably in a manner
they are comfortable with to attain the project goals. OPC agents strive to negotiate in good faith until all reasonable efforts have been exhausted. We train our negotiators to utilize an integrative negotiation process to tackle any barriers to settlement in a most efficient manner. Benefits of this integrative approach are cost savings and a reduction in project delays due to fewer court actions and adherence to project scheduling. If our clients opt for condemnation, we remain available to provide litigation support as needed.
One factor that differentiates us from others is the level of effort we devote to the negotiation process. Acquisition is not simply an “offer/counter-offer” action. Rather, we try to root out and solve the underlying issues preventing a settlement. This effort not only enhances our success rate but also builds trust in the acquisition process for the client using our service. Our team of highly experienced acquisition consultants are trained and experienced in working with owners who are not always happy that the project affects their property. We are experienced in working with the owners to determine the root cause(s) of their concerns and develop an approach that addresses their concerns. OPC acquisition services include easements, right of way, property, negotiations and exchanges, full and partial acquisitions, property research, disposition, permitting, site and route selection, title and escrow coordination, and more.
NEGOTIATIONS IN GOOD FAITH
We will assist the City in continuing to negotiate
in good faith until all reasonable efforts have been
exhausted. We train our negotiators to utilize
an integrative negotiation process to tackle any
barriers to settlement in a most efficient manner.
The merits of counter-offers are evaluated, and we
will make recommendations to adjust or settle.
Contact owner and act as agency
liaison to address questions and
concerns. Respond quickly to all
inquiries within 2 business days.
Provide good-faith negotiations
utilizing an integrative approach for
win-win settlements while building
trust on our client’s behalf.
Prepare acquisition packages with
oer letter, summary statement,
Memorandum of Agreement,
property plat/sketch, and acquisition
brochure.
Cra oer and agreement packages
(First Written O ers) presented in
person, when possible, no later than
15 days a er approved appraisal.
Respond to questions and maintain
contact with owners to facilitate
settlement. Being responsive increases
likelihood of amicable settlements,
including providing bi-lingual agents.
Provide written report for higher
settlement requests from owner. If
approved, prepare memorandum
with justification for higher
settlement amount.
Upon agreement and pursuant to
pre-approved appraisal or adjusted
settlement, prepare MOS and
transmit to client within 1 week of
receiving signatures.
Approach to Acquisition
ACQUISITION SERVICES Page 181 of 225 AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 415 of 1755 13 REAL ESTATE APPRAISAL SERVICES
Appraisal work is completed pursuant to the Uniform Standards of Professional Appraisal Practice (USPAP), and all appraisals prepared for potential acquisition purposes, subject to an eminent domain action, are also prepared in compliance with the California Code of Civil Procedure Section 1263.320. The methodology utilized in eminent domain appraisals is consistent with the methodology found in the California Department of Transportation (Caltrans) Right of Way Manual, Chapter 7. When appropriate, we prepare full and partial acquisition appraisals subject to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). We are also experienced in providing appraisals based on Federal Aviation Administration (FAA) guidelines as well as the guidelines of the California Department of General Services (DGS).
Appraisal assignments would be completed with the use of the most appropriate valuation methods for the specific property type. These include the Sales Comparison Approach, the Income Approach, and the Cost Approach. For single-family residential properties, the Sales Comparison Approach is usually the most relevant approach and is typically the only one that has application to the property. For income-producing properties, including multifamily residential properties, the Income Approach is commonly utilized along with the Sales Comparison Approach. For buildings that are newer (non-residential), or which contain fairly specialized improvements, the Cost Approach is frequently relevant. Land is typically valued using the Sales Comparison Approach. Corridors are typically valued using the across-the-fence (ATF) methodology.
In the process of completing appraisals of partial acquisitions, subject to California Eminent Domain Law, full consideration is given to possible severance damages and benefits that may accrue to the remainder parcel as a result of the acquisition and project. Our appraisal team is very experienced in preparing damage studies that are well researched and have been accepted by the courts when we are called to testify. When we conclude that there are damages, every attempt is made to quantify benefits that accrue to the remainder, as benefits can be utilized to offset severance damages. In the State Rule, benefits may not offset the value of the actual acquisitions.
When reports are prepared to meet the guidelines of UASFLA a complete before and after analysis is required.
The Federal Rule differs from the State Rule in that benefits can offset the value of the parts taken. However, it should be noted that when applying the Federal Rule, a direct calculation of the value of the parts acquired, damages and benefits is not undertaken. Rather the property is apprised in its before condition and this is compared the what the value of the property would have been on the date of value if the project were implemented, and the acquisitions already made. The difference between the before and after valuations results in the value of the proposed acquisitions.
In certain assignments, we would expect to encounter appraisals dealing with vacant land and/or various types of easements affecting vacant land. For analysis of this type of property, an investigation into the potential of securing development entitlements is a critical issue. Particular attention would be given to interviews with City representatives who are in the proper positions to comment on the entitlement process for the subject property. This level of investigation would also frequently include a review of relevant sections of the general plan, a review of specific plans that may affect the property, review of zoning, slope density analysis, fire department approvals, location in a multi-species habitat area, and investigations with other individuals at relevant governmental jurisdictions.
1. Identify
Subject
Property
5. Inspect Site or
Comparable
Property
2. Determine
Function of
Appraisal
6. Select
and Apply
Valuation
Method
3. Procure
Data based
on Property
Type
7. Reconcile
Value
Indicators for
Final Opinion
of Value
4. Gather
and Verify
Data
Issue Appraisal Report
Agreements for Professional Services to perform As-Needed Professional R... Page 416 of 1755 14 OPC provides an in-house Review Appraiser, Andrew Nierenberg, who will bring his expertise to situations that require review appraisals per USPAP Guidelines. Andrew has worked on appraisal reviews throughout Southern California, including RCTC WRCRA (Calimesa Golf, Jones, Hess, Indio Village, Heimbaurh, Gondinez).
To round out our Appraisal Review Team, we have also selected an appraisal subconsultant firm, Hennessey & Hennessey LLC, led by Sharon Hennessey, MAI. Ms. Hennessey has worked with OPC as a review appraiser on dozens of projects across Southern California including the Port of Long Beach, the I-405 Widening Project, and the North County Corridor Project. Hennessey & Hennessey LLC provides real estate appraisal, appraisal review, and consulting services for government agencies and private entities throughout California. Since 1979 Hennessey & Hennessey’s primary emphasis has been appraisal for eminent domain purposes for public agencies, specializing in appraising properties for negotiated acquisitions, surplus property dispositions, and litigation, as well as appraisal reviews and related services.
Appraisal Review Scope:
1. Gather relevant data regarding the appraisal
review assignment, such as project plans. Read
the appraisal report under review thoroughly.
Gather any outside information necessary to
complete the review process.
2. In the case of a field review, conduct an
inspection of the property and comparable
data used in the appraisal assignment. Collect
any pertinent backup data that may shed light
on the market data used. Check the appraisal
report for mathematical correctness.
3. Conduct a review of the appropriateness of the
methodology, the accuracy of the data and the
application of the approaches to value used in the
appraisal. Make reference to the correct edition of
the Uniform Standards of Professional Appraisal
Practice (USPAP), the Uniform Appraisal Standards
for Federal Land Acquisitions Requirements (Yellow
Book), and the Caltrans Right of Way Manual, as
applicable.
4. Interface with the real property appraiser regarding any concerns and/or request corrections that may
be necessary to ensure report compliance.
5. Complete the appraisal review report and review
certificate. Proofread and check for mathematical
correctness. Administrative staff generates report
copies and transmits them to client.
Additional days may be necessary for complex assignments involving severance damages and/or unique property types. Delivery timing is highly dependent on
a quick turnaround for any comments to the appraiser,
with 48 hours anticipated in the above schedule.
OPC has a depth of expertise
and can successfully deliver
right of way services.
-Tim Byrne, Director of Toll Operations SBCTA
APPRAISAL REVIEW SERVICES
Appraisal review work will be performed under
the requirements of the Uniform Standards
of Professional Appraisal Practice (USPAP),
Caltrans RW Manual, the Uniform Appraisal
Standards for Federal Land Acquisitions
Requirements (“Yellow Book”), and the Code of
Ethics of the Appraisal Institute.
Agreements for Professional Services to perform As-Needed Professional R... Page 417 of 1755 15 Upon Notice to Proceed, OPC will order and review applicable title work through our title subconsultant Commonwealth to make sure there are no encumbrances that cannot be removed administratively by the title company. Any parcels with items that cannot be removed by the title company may have to be prioritized for condemnation to receive clear title. Title Service Scope includes:
1. Secure vesting deeds, property profile, and tax map for each property.
2. Secure preliminary title reports (PTRs) for each property acquisition. PTRs will be updated within one year of receipt, at no additional cost unless an ownership change has occurred. If an acquisition goes through escrow, the PTR will be updated at the opening of escrow and a title policy will be issued at close of escrow. If an acquisition goes into to condemnation, the preliminary title report will be upgraded to a Litigation Guarantee at an additional cost from the Title Company.
3. Secure copies of recorded back-up documents as needed.
4. Share preliminary title information with right of way engineer, surveyor, and real estate appraisers for their use on the project.
5. Prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with approved project plan.
6. Facilitate changes to preliminary title reports after the preparation of the legal descriptions, if necessary for partial acquisition projects.
TITLE SERVICES
SURVEY SERVICES
Our chosen survey subconsultant, Guida Surveying, Inc. (Guida) is an SBE-certified, multi-disciplined land surveying firm that has provided project-based and on-call geomatics services throughout California since 1995. The firm offers a skilled team and a depth of staffing resources which can provide flexibility to accommodate working off hours, variable days, and locations, if needed. Guida brings direct working experience with many local and government agencies including, but not limited to, San Bernardino County Transportation Authority, Caltrans District 8, Los Angeles County Metropolitan Transportation Authority, Riverside County Transportation Commission, and Orange County Transportation Authority to name a few.
The following are the anticipated surveying, mapping, and right of way services that may be required to support the City’s projects.
Horizontal and Vertical Control: Horizontal and vertical control is the foundation of every survey project.
Understanding project datums, known controls, accuracy requirements, and acceptable methods to achieve the clients’ expectations are all critical in planning, establishing, and producing solid and repeatable ground control.
GUIDA understands the importance of solid and repeatable control for all types of projects and will provide the City with controls that meet the projects requirements and the City’s expectations.
Topographic Surveys: Topographic surveys will be performed to support engineering design and to identify encroachments. These surveys can be captured with aerial imagery, conventional total stations, GNSS receivers, and
Agreements for Professional Services to perform As-Needed Professional R... Page 418 of 1755 16 terrestrial and mobile LiDAR. This provides flexibility in how to approach each topographic survey and determine the appropriate method to achieve project
requirements. All topographic survey
deliverables can be delivered in AutoCAD
Civil3D or MicroStation formats. GUIDA
can directly produce deliverables in either
platform to support City projects.
Boundary/Right of Way Surveys:
Boundary and right of way surveys may
include many steps in identifying rights
of way, centerlines, property boundaries,
easements, etc. These steps include proper
cadastral research, monument recovery,
analysis, mapping, setting of monuments,
and when required, preparing a record
of survey to document the findings
and decisions made during the survey.
Conventional and/or GNSS survey methods will be utilized to obtain locations of each monument found. Field surveys will include the collection of monument recovery field notes and photos. Sketches of the monument will be created and will depict the location of the monument relative to physical improvements in the field.
A Professional Land Surveyor (PLS) will review the field, cadastral, and title research data and establish/determine the boundaries and rights of way within the project limits. An independent PLS review will be performed for each boundary established. Each boundary survey will be performed in accordance with the California Professional Land Surveyors’ Act, Subdivision Map Act, and other professional standards.
Prepare Records of Survey: Records of survey provide a detailed story of the boundary and right of way surveys performed. When requested and/or required by California State Law, a record of survey will be prepared to document monuments found, boundary establishment and resolution, encroachments, new right of way limits, etc. Any record of survey will be prepared by or under the direction of a California PLS to meet the Riverside County standards and requirements.
Prepare Legal Descriptions and Plats: Legal descriptions and plats will be prepared according to all state and local laws and standards. Each legal description will be prepared by a professional land surveyor and will be accompanied by a plat, which will be incorporated by reference within the legal description document to help remove any misinterpretations. Both the legal description and plat will be prepared to meet City standard formats. As with every document prepared by GUIDA, all legal descriptions will be reviewed by an independent PLS prior to delivery to the City.
City of Indio - Avenue 50 Widening & 52 Street
Improvements Project with Albert A. Webb Associates
This project was to improve ingress and egress for
the multiple festivals and events that occur in the
area throughout the year. OPC worked closely with
the City to identify the needs and project priorities.
OPC provided project management, title, appraisal,
acquisition, and escrow services for this project.
SURVEY SERVICES, CONTINUED Page 185 of 225 AGENDA ITEM #8.15 Agreements for Professional Services to perform As-Needed Professional R... Page 419 of 1755 17 COST ESTIMATING
A realistic budget is an essential management tool for any project. Our clients have come to rely upon the timeliness and accuracy of our project cost studies to estimate the probable costs of the real estate and associated damages, the relocation exposure, business damages and goodwill exposure, and the myriad of incidental costs that will be encountered along the project.
The Scope of Work for the Cost Study includes:
◆ Take an inventory of the affected properties for each selected option. ◆ Using public Assessor’s Roll information, investigate the ownership, lot size, and building size of each affected property.
◆ Visually inspect each property (exterior street view) and evaluate effects of proposed acquisition. List all businesses on each property and the approximate space they occupy. ◆ Sort each property into product types to determine the universe of real estate data sets to research and create valuation data sets for each product type.
◆ Prepare an estimate of the probable cost of each full property acquisition or the cost of each partial acquisition (plus damages) using the data sets created and utilizing our various real estate value data bases. ◆ Prepare an estimate of the probable relocation assistance exposure for each residential or non-residential occupant located on each property.
◆ Prepare an estimate of the immovable fixtures and equipment associated with each business property. ◆ Prepare an estimate of the total probable loss of business goodwill attributable to each operating business. ◆ Prepare an estimate of the inspection and demolition costs associated with delivering each cleared site. ◆ Prepare an estimate of the total services and incidental costs associated with each real estate acquisition program (appraisals, acquisition and relocation agents, title/escrow, and legal services).
The scope of work will be performed and delivered in the form of a report containing a textual description of the project areas studied, a summary of total probable costs of the study area itemized by major component, and will include detailed spreadsheets showing how the summary sheets were calculated. The spreadsheets contain a parcelby-parcel breakdown of all probable costs.
In the event that the acquisition program is to be phased or determined to be implemented at a future date, formulized spreadsheets will
be created which apply the
appropriate cost escalation
factors to reflect the projected
schedule.
The final cost information
determined from the
accumulation of data will
then be transferred into
the appropriate format for
application to the Right of Way
Data Sheets, or other format
required by the project..
Agreements for Professional Services to perform As-Needed Professional R... Page 420 of 1755 18 UTILITY COORDINATION
UTILITY RELOCATION/COORDINATION SCOPE OF WORK
1. Review design plans, cross sections, and conduct a field review to identify potential utility involvements. Review findings with the project manager/project engineer.
2. Forward a letter of introduction to utility owners.
3. Contact cities and utility companies to obtain as-builts, utility location maps, and other documentation to identify utility locations.
4. Coordinate potholing to positively identify conflicts.
5. Prepare a Report of Investigation to determine liability for relocation costs.
6. Coordinate and plan with the utility owners and their designers as needed to discuss project design, potential conflicts, relocation alternatives, and resolution to conflicts.
7. Obtain detailed scopes of work from the utility companies for relocation, estimated start and completion dates, and proposed cost to perform and complete the job.
8. Work with the project manager and utility owner to ensure the Utility Relocation Plan is compatible with permit requirements, and utility agreements are properly prepared.
9. Assist in obtaining permits, licenses, and replacement easements for utility relocations, as necessary.
10. Obtain final drawings and as-builts from the utility owners and confirm that all items of work have been completed by the utility owner.
11. Prepare utility closeout file for each utility and transfer to local agencies.
PROPERTY MANAGEMENT SERVICES
Managing properties slated for relocation or demolition and redevelopment requires sensitivity to the displacement objectives balanced with legal, legislative and financial requirements. OPC has extensive experience in managing properties under these circumstances, whether for short or long term periods or until they can be conveyed to other parties or utilized for other purposes. OPC has provided property management services to public agencies and private developers for the past twenty-five years.
There are three primary functions of property
management: 1) rent collections and reporting;
2) tenant liaison services; and 3) property
maintenance services. As part of our property
management services, our team would oversee
all three of these functional areas.
Our assigned property manager will handle
rent collections and reporting functions, We
will establish client trust accounts, collect and
deposit rents, prepare operations checks for
second-party signature, prepare rent rolls and
tenant ledgers and reconcile account statements.
We will also send late notices and interact with
tenants on anything relating to rents or deposits
owed or paid.
Agreements for Professional Services to perform As-Needed Professional R... Page 421 of 1755
APPENDIX
RESUMES
EXCEPTIONS TO AGREEMENT
Agreements for Professional Services to perform As-Needed Professional R... Page 422 of 1755 RESUMES -A-1
RESUME RESUMES
BRIAN EVERETT
PRINCIPAL-IN-CHARGE
EDUCATION
B.S., Economics,
CSU Northridge,
M.B.A., Economics,
CSU Los Angeles
REGISTRATIONS
Real Estate Brokers
License:
California
#00912304
Nevada
#B.1000725.CORP
Arizona
#BR693331000
Texas #789676
YEARS OF
EXPERIENCE
38 Since 1986, Brian has been involved in every aspect of real estate consulting pertaining to right of way and real property acquisition, relocation assistance, and property management services. His experience includes program and project management for public works improvement, community development, school district, and transportation projects under federal, state, and local guidelines.
As President of OPC, a division of TranSystems, Mr. Everett anticipates the needs of the right of way industry to better serve OPC’s clients. He also focuses on selecting and retaining the most highly qualified staff in the industry, fostering an atmosphere of success and company growth.
AFFILIATIONS
Active Member,
IRWA Chapter 1
Past Chairman,
IRWA Chapter 1
Public Agency
Committee
Project Experience
Riverside County Transportation Commission (RCTC), On-Call Right of Way Services (Riverside County, CA). Broker-in-Charge over all task orders under consecutive master agreements for both highway and rail turnkey right of way services, including acquisition, relocation, utility coordination, property management, appraisal, and right of way engineering.
RCTC, SR-91 CIP, Design-Build Project (Corona, CA). Broker-in-Charge for the implementation of acquisition and relocation for this design-build project that will widen approximately 16 miles of active highway through the urbanized area of Corona and the County of Riverside. Worked closely with staff to analyze the residential and commercial relocation impacts on over 250 properties throughout the project area, including developing and preparing the recommendation summaries of the impacts for presentation to the agencies involved. Instrumental in developing project specific policies to reduce project and agency risks. Responsible for oversight and management of cost controls (including document control/budgets), policy development, schedules, and risk assessment.
Innovative solutions provided project ahead of schedule with estimated capital expenditure savings near $60 million. Worked closely with RCTC’s design engineer to supplement the parcel mitigation design services, including railroad access easements.
RCTC, Mid-County Parkway Project/ Ramona Expressway and I 215 Interchange & Widening Projects (Perris, CA). Broker-in-Charge overseeing Right of Way Program Management, including cost estimating, title, acquisitions, tenant acquisitions, residential and business relocations, escrow coordination, property management, right of way certification, and coordination of appraisal and environmental due diligence services for the first two phases of the project. The projects have impacted 57 parcels with three tenant acquisitions, five residential relocations, and four business relocations in the first phase of the project and 11 parcels (mostly dairy farms/ag land) for the second phase.
San Bernardino County Transportation Agency (SBCTA), On-Call Right of Way Services.
Broker-in-Charge over all task orders under two master agreements for both highway and rail turnkey right of way services, including acquisition, relocation, utility coordination, property management, appraisal, and right of way engineering.
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SBCTA, I 10 Corridor Project (Contract 1) Design-Build Project (Montclair, CA). Overseeing the R/W Program Management including oversight and management of cost controls, document control, budgets, policy development, Project schedule and risk assessment and management. Also oversees acquisition, relocation, and property management for the Project. The Project involves acquisition services for 210 parcels, relocation services for numerous residential occupants, property management and utility coordination to add two Express Lanes in each direction of I-10 from the Los Angeles/San Bernardino line to the I-15 in Ontario, CA.
Orange County Transportation Authority (OCTA), I-405 Improvement Design-Build Project (Orange County, CA).
Principal and Broker-in-Charge for this design-build project which involves a 16 mile stretch of I 405 from I 605 to SR 73 and the acquisition of over 300 parcels. Oversight of conceptual site mitigation planning to reduce full take acquisitions to partial acquisitions and/or mitigate severance damages.
OCTA, SR-55 Improvement Project (Santa Ana, CA). Broker-in-Charge for this high-profile, politically sensitive project involving over 62 parcels. This project will add new lanes on the SR-55 between I-405 and I-5 to reduce congestion and increase capacity.
Los Angeles World Airports, Landside Access Modernization Program (LAMP) (Los Angeles, CA). Broker-in-Charge for acquisition and relocation of 600 single and multi-family dwellings for the Automated People Mover and LAMP.
Port of Long Beach, Pier B On-Dock Rail Project (Long Beach, CA). Broker-in-Charge for the program management team, responsible for oversight and implementation of the $1.567 billion Pier B On-Dock Rail Project. Scope includes preparation of a Real Estate Acquisition Management Plan (RAMP), Relocation Plan and acquisition of 29 parcels occupied by industrial, commercial, and institutional uses, and relocation of approximately 50 affected businesses.
Publications
• Developed course materials for the following conferences:
• Timing Counts: The Right of Way Acquisition Process, 2010 IRWA Spring Conference • Appraisers Role in Public Acquisition, 2009 Appraisal Institute Chapter meeting • Coordination between Legal, Acquisition, and Relocation, 2008 CLE Int’l Annual Eminent Domain conference • Program Coordination for Large Scale Acquisition and Relocation Projects, 2008 IRWA Fall Conference • Mitigate Before You Litigate, 2006 CLE International Annual Eminent Domain Conference RESUME - BRIAN EVERETT PG. 2
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RESUME
VICKY COOK
SENIOR PROGRAM MANAGER
EDUCATION
B.S., Hotel &
Restaurant
Management
California State
Polytechnic
University, Pomona
REGISTRATIONS
Real Estate
Salesperson, CA
01758695
YEARS OF
EXPERIENCE
25 Victoria (Vicky) oversees development of program managers and project managers within OPC. She is responsible for the management of acquisition and relocation staff and the budget and critical paths for each of her team’s projects.
As Program Manager for several large-scale transportation projects, Vicky has honed her project management oversight skills for all aspects of right of way programs. Her expertise includes the implementation of acquisition and relocation services, property management, demolition, oversight and management of cost controls, policy development, schedules, and risk assessment. Other tasks include document control, budgets, project schedules, risk assessment, management, right of way certification, coordination of appraisal and environmental due diligence, and policy development. In addition to transportation projects, she has managed affordable housing, redevelopment, and grade separation projects.
Vicky is instrumental in helping her team utilize innovative government programs, such as incentive payments for acquisition and relocation, to expedite the delivery of right of way and decrease eminent domain actions.
AFFILIATIONS
International Right
of Way Association
(IRWA)
Women’s
Transportation
Seminar (WTS)
Project Experience
San Bernardino County Transportation Agency (SBCTA), On-Call Right of Way Services, San Bernardino, CA. Role: Senior Program Manager Vicky oversees all task orders related to acquisition, relocation, utility coordination, property management, appraisal, and right of way engineering. Several projects under this contract include:
West Valley Connector, Segment 1. Acquisition of 57 parcels with 47 common ownerships.
Approximately 33 TCEs and 14 partial takes.
I-10 Corridor Freight and Express Lanes Project (Contract 1) Design-Build Project.
The Project involves acquisition services for 210 parcels, relocation services for numerous residential occupants, property management and utility coordination to add two Express Lanes in each direction of I-10 from the Los Angeles/San Bernardino line to the I-15 in Ontario, CA.
I-10 Corridor Freight and Express Lanes Project (Contract 2) This phase of the project involves 40 acquisition cases. Vicky and her team are implementing a 20% acquisition incentive plan. This phase also impacts railroad property.
Riverside County Transportation Commission (RCTC), Mid-County Parkway Project/ Ramona Expressway & I-215 Interchange & Widening projects, Riverside County, CA.
Role: Senior Program Manager
The projects have impacted 57 parcels with three tenant acquisitions, five residential relocations, and four business relocations in the first phase of the project and 11 parcels (mostly dairy farms/ag land) for the second phase.
RCTC, SR-91 CIP, Design-Build Project, Riverside County, CA. Role: Senior Program Manager
Design-build project that will widen approximately 16 miles of active highway through the urbanized area of Corona and the County of Riverside. Worked closely with staff to analyze
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RESUME - VICKY COOK PG. 2
the residential and commercial relocation impacts on over 250 properties throughout the project area, including developing and preparing the recommendation summaries of the impacts for presentation to the agencies involved.
Instrumental in developing project specific policies to reduce project and agency risks. Innovative solutions provided project ahead of schedule with estimated capital expenditure savings near $60 million. Worked closely with RCTC’s design engineer to supplement the parcel mitigation design services, including railroad access easements.
Port of Long Beach (POLB)Pier B On Dock Rail Support Facility, Long Beach, CA. Role: Senior Program Manager $1.567 billion project to redevelop port rail yard to allow workers to assemble trains up to two miles long as well as increase rail car capacity, vital to shifting more cargo onto trains and minimizing the environmental impacts of trucking.
Oversees Right of Way Program, including oversight on cost estimating, title, acquisitions, tenant acquisitions, residential and business relocations, escrow coordination, property management, right of way certification, and appraisal coordination.
City of Bakersfield/TRIP, Centennial Corridor Improvement Project, Bakersfield, CA. Role: Senior Program Manager
The project included acquisition services for 422 parcels, relocation services for approximately 310 residential occupants and 526 businesses, and property management. This project facilitated the extension of SR-58 to the west of SR-99 providing a continuous freeway connection to the Westside Parkway (future SR-58).
City of Bakersfield/TRIP, Rosedale Highway Widening Project, Bakersfield, CA. Role: Senior Program Manager This project involved the partial acquisition of 137 parcels for the construction of two additional lanes (one in each direction) between Allen Road and Gibson Street on Rosedale Highway (SR-58).
City of Bakersfield/TRIP, SR 178 Widening Project, Bakersfield, CA. Role: Senior Program Manager This project involved the partial acquisition of 70 parcels to widen SR-178 from two to six lanes from 0.68 miles east of Morning Drive to Masterson Street, and from two to four lanes from Masterson Street to Miramonte Drive.
City of Bakersfield/TRIP, 24th Street Improvement Project, Bakersfield, CA. Role: Senior Program Manager This project involved 22 full acquisition parcels and 43 partial acquisitions to improve SR-58 (Rosedale Highway) and SR-178 (24th Street) from the southbound SR-99 ramp intersection to 0.2 miles east of M Street.
County of Kern, South Shafter Sewer Project, Shafter, CA. Role: Senior Program Manager Vicky oversees staff involved in the acquisition of 60 easements and two fee acquisitions with 50 total larger legal parcels, for a sewer improvement project.
Other Projects Vicky is currently overseeing in her role as Senior Program Manager:
• County of Riverside, Magnolia Ave. Bridge Project, with CNS, Corona, CA. • County of Riverside, Murrieta Creek Bridge at Overland Dr. Project with CNS, Indio, CA • County of Riverside, Thermal Oasis Community Trail Project with CNS, Riverside, CA • County of Riverside, Gilman Springs Road Project, Gilman Hot Springs, CA • County of Riverside, Temescal Canyon Project with NCM, El Cerrio, CA • City of Pico Rivera, Telegraph Road Bridge Project with NCM, Pico Rivera, CA • City of Moreno Valley, Juan Bautista de Anza Multi Use Trail with KOA, Moreno Valley, CA • Metro, West Bound 91 Alondra to Shoemaker Improvement Project with Michael Baker International, Los Angeles, CA
• City of Mission Viejo, Felipe Road-Oso Parkway Intersection Improvement Project with Michael Baker International, Mission Viejo, CA
• City of Los Angeles, Department of Water and Power, Bureau of Engineering, Huntington Drive Multi-Modal Transportation Improvement Project Task order with Michael Baker International, Los Angeles, CA • City of Moreno Valley, Indian Street/Cardinal Avenue Bridge with Michael Baker International, Moreno Valley, CA
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ROY GUINALDO, RWA, RWP
SENIOR PROJECT MANAGER
EDUCATION
A.A., General
Coursework,
Cerritos
Community College
IRWA Courses
REGISTRATIONS
Real Estate Broker,
CA 00986344
AFFILIATIONS
International Right
of Way Association
(IRWA)
YEARS OF
EXPERIENCE
35 Roy is a project team leader with 35 years of real estate experience. He is knowledgeable of municipal and governmental procedures and regulations relating to property acquisition (full- and part-takes) and excess land dispositions. He is responsible for both residential and commercial acquisitions in public and private sector client acquisition projects and is knowledgeable of the relocation procedures for both residential owners and tenants. Mr. Guinaldo provides training to OPC staff and is bilingual in English/Spanish.
Project Experience
City of Anaheim, Brookhurst Street Widening Remnant Parcels (Anaheim, CA). Role: Senior Project Manager. Manages title review, acquisition, escrow services, residential relocation planning, and residential relocation services for three (3) impacted residential properties.
City of Palmdale, Avenue S-8 and 40th Street East Roundabout Project (Palmdale, CA). Role:
Senior Project Manager. Overseeing appraisal, appraisal review, full take acquisition, and Right of Way certifications of 11 parcels. This Federally funded project will convert an existing two-way stop to a roundabout at the intersection of Avenue S-8 and 40th St. East.
City of Lancaster / Kimley Horn, Pedestrian Gap Closures (Lancaster, CA). Role: Senior Project Manager. Responsibilities include overseeing coordination of title documents, legals/plats/maps, cost estimating, Minimum Value Estimates (MVE), the negotiation process for dedication of land, eminent domain support, and escrow for 26 parcels to construct city improvements such as street widening, ADA complaint curb ramps, and the instillation of curb, gutter, and sidewalks to promote active transportation within the City of Lancaster. Federally funded project.
City of Artesia, A.J. Padelford Park Expansion (Artesia, CA). Role: Senior Project Manager.
Overseeing appraisal, voluntary acquisitions, and relocation of ten residential parcels to expand the park.
San Bernardino County Transportation Authority (SBCTA), I-10 Express Lanes Project (Montclair, CA). Role: Project Manager. Responsible for over 450 partial acquisitions and complex partial acquisitions as part of a high profile, politically sensitive project to add tollway lanes along the 33-mile segment of I-10 from the Los Angeles/San Bernardino County Line and Ford Street in San Bernardino County.
Long Beach Water District, West Cameron Project (Long Beach, CA). Role: Senior Project Manager. Manages title review, acquisition, escrow services, residential relocation planning, and residential relocation services for three (3) impacted residential properties.
LA County Metropolitan Transportation Authority (Metro), Westbound SR-91 – Alondra Blvd to Shoemaker Improvement Project (LA County, CA). Role: Project Manager. Overseeing appraisal, appraisal review, partial acquisition, and Right of Way certifications of nine (9) residential and commercial properties for this highway widening project.
LA County Metropolitan Transportation Authority (Metro) METRO K Line (Crenshaw/LAX) Light Rail Transit (Los Angeles, CA). Role: Acquisition Manager. Worked with Hatch Mott MacDonald, responsible for managing staff, client updates, and overseeing acquisition of permanent and temporary easements for the eight-mile light rail which extends from the southern terminus of the METRO C Line (Green) to the METRO E Line (Exposition).
RESUME
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MELISSA MANN, R/W-RAC
SENIOR PROJECT MANAGER
EDUCATION
General Studies,
California State
University, San
Bernardino,
General Studies,
Riverside
Community College
YEARS OF
EXPERIENCE
15 With a track record of successfully executing more than 100 relocations, encompassing residential, intricate nonresidential, and billboard transitions, Melissa showcases unparalleled proficiency in facilitating housing solutions for diverse individuals affected by local initiatives. Melissa’s commitment extends beyond execution to ensuring strict adherence to regulatory frameworks.
She meticulously oversees acquisition and relocation programs, guaranteeing alignment with the mandates outlined in the Uniform Act as well as the stipulations set forth in California Government Code Title 1 and Title 25.
PROJECT EXPERIENCE
Housing Authority of the City of Los Angeles (HACLA), Extended Stay America – Sepulveda Blvd & Vermont Ave Projects, Los Angeles, CA. Melissa worked as a project manager on two hotel conversion projects in Los Angeles. A 133-unit hotel, the Extended Stay America, on Sepulveda and a 136-unit hotel on Vermont, for the proposed conversion to transitional/permanent supportive housing through the Homekey program.
Housing Authority of the City of Los Angeles (HACLA), Housing Locator Project, Los Angeles, CA Project Manager. Oversaw the project to place 1,900 emergency voucher holders into housing within five months. Provided advisory services to tenants to help them go through the process from beginning to end. Coordinated with other agencies, such as the Department of Social Services and Mental Health, to support the tenants.
Humble Heart, LLC Relocation Services, San Diego, CA. OPC is providing relocation services associated with the Humble Heart Project (Project) located at 4341 El Cajon Boulevard, San Diego, California, 92105 (Site). The Client has proposed an affordable housing development on the Site.
There is currently one tenant on site, who uses space as storage, which they lease on a month-tomonth basis. Melissa is a Project Manager on the project.
Dawson Holdings, Inc., DH1-Parkside Apartments Project, San Francisco, CA. The Client has requested assistance with relocation services related to the proposed temporary displacement of existing senior households to off-site housing during renovation of 37 units. Melissa is Project Manager on the project.
LA Family Housing - 18722 Sherman Way Relocation, Reseda, CA. Melissa is project manager on this permanent relocation of an auto repair show for an affordable housing project that will be build on the site.
Kalco-Midtown Park Apt., San Francisco, CA. Melissa is project manager for a relocation plan involving 140 housing units that will require temporary relocations in order for the units to undergo renovation.
New Asia Housing - 758 & 772 Pacific Relocations, San Francisco, CA. Melissa is a project manager supervising two permanent relocations and assisting with the Relocation Plan for a HUD 262 application.
REGISTRATIONS
CA Real Estate
Sales License
#01792520
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RESUME
NORMA JACQUEZ
PROJECT MANAGER
EDUCATION
Real Estate
Coursework
YEARS OF
EXPERIENCE
22 Norma is a self-starter who demonstrates excellent inter-personal skills in working with residential homeowners and tenants, as well as commercial relocation. As a practitioner and project manager, she has more than seventeen years of relocation assistance experience and is bilingual/bi-cultural (English and Spanish). Her duties include initial interviews and evaluation, processing benefits, moving coordination, replacement site inspections, extensive file documentation, and final relocation assistance. During the relocation process, she ensures compliance with applicable federal, state, and local guidelines until project completion and guides clients through often complicated overlays of rules.
PROJECT EXPERIENCE
Abode Communities, Sunsage Project (Long Beach, CA). Senior Agent responsible for temporarily relocating 71 households, Direct coordination with client. Responsibilities included preparing notices, explaining MOU, and coordinating with onsite manager and movers. Project delivered within budget and within project deadline.
Abode Communities, Roland Curtis Gardens Project. (Long Beach, CA). Senior Agent responsible for relocating 24 of 48 residential tenant occupants, which included many Section 8 households.
Abode Communities, American Gold Star Manor Project. (Long Beach, CA). Project Manager responsible for temporarily relocating approximately 345 residential tenant occupants which included Project based vouchers. Project delivered a month ahead of schedule.
Housing Authority of the City of Los Angeles - Extended Stay America (Los Angeles, CA) Project Manger. OPC is providing general consulting related to establishing the Client’s relocation obligations for a 133-unit hotel re-use project. Tasks include conducting assessments/interviews with existing hotel occupants and/or review registration records to confirm residency, and developing a cost estimate and Relocation Plan for permanent relocation assistance obligations.
Housing Authority of the City of Los Angeles - Section 8 Housing Locator Services, (Los Angeles, CA) Project Manager. OPC provided Housing Locator services for 1,900 Section 8 Voucher holders.
The project required placement of as many of the voucher recipients as possible before the vouchers expired in December 2023.
Jamboree Housing Corporation. Briar Crest/Rose Crest (Garden Grove, CA). Senior Agent responsible to assist with coordination of temporary residential relocation of 40 residents.
Responsibilities included explaining temporary relocation process to residents, coordination with Hotel, movers and processing of stipend checks.
Front Porch, Pilgrim Tower (Los Angeles, CA). Senior Agent responsible for assisting with coordinating temporary residential relocation of 108 Senior residents. Provided transportation to Hotel as needed on weekends. Prepared notices and conducted residential meetings to explain MOU and temporary relocation process.
C&C Development. Minnie Street Project (Santa Ana, CA). Senior Agent responsible for temporarily relocating six residential tenant occupants. Responsibilities included preparing notices, explaining MOU, and coordinating with onsite manager and movers.
Housing Authority of the City of Los Angeles. Jordan Downs (Los Angeles, CA). Project Manager.
Assisted with relocation interviews of nearly 700 residents for the relocation plan. Assisted with updates to status reports and management of GIN and certificates.
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RESUME
KELLY DEWITT, RWA
PROJECT MANAGER
EDUCATION
Real Estate
Coursework
IRWA Courses
REGISTRATIONS
Real Estate
Salesperson, CA
00928779
AFFILIATIONS
International Right
of Way Association
(IRWA)
YEARS OF
EXPERIENCE
36 Kelly provides extensive experience in right of way acquisition, real estate transactions, and the mortgage industry, including a solid background in the escrow process. He brings to our OPC team over 35 years of real estate experience, including title research of real property pertaining to Resolution of Liens. Kelly is knowledgeable of both federal and state regulations relating to the acquisition process.
He is proficient in the preparation of acquisition and relocation documents needed for resolution and closure of acquisition and relocation cases.
Project Experience
City of Lancaster / Kimley Horn, Pedestrian Gap Closures (Lancaster, CA). Role: Project Manager.
Responsible for acquisitions of 26 temporary construction easements of commercial and industrial parcels including coordination of the preparation of offer packages, purchase and sale agreements and administrative settlement documents. Also responsible for conducting parcel site inspections, comparable sales research, and preparation of Minimum Valuation Estimates for commercial and industrial parcels impacted by the project. Attends monthly meetings with the client. Avenue K Interchange, Lancaster, CA. Project Manager for four (4) partial acquisitions, including client coordination/meetings, budget preparation/oversight, staff coordination, and R/W document preparation/review. Lancaster Health District, Lancaster, CA. Project Manager. 16 partial acquisitions.
Client coordination/meetings, budget preparation/oversight, staff coordination/meetings, and R/W document preparation/review.
City of Artesia, Roseton Avenue Project (Artesia, CA). Role: Project Manager. Responsible for permanent roadway easements from four (4) parcels. Client coordination/meetings. Budget preparation and oversight, owner negotiations, R/W document preparation/review, and staff coordination/meetings.
City of La Cañada Flintridge / Ardurra, I-210 Sound Wall Improvement Phase III (La Cañada Flintridge, CA). Role: Senior Agent. Responsible for acquisitions of 17 temporary construction easements (TCEs) of commercial and residential parcels including coordination of the preparation of offer packages, purchase and sale agreements and administrative settlement documents.
Responsible for conducting parcel site inspections, comparable sales research, and preparation of Waiver Valuations for commercial and industrial parcels impacted by the project. Attended monthly client meetings.
City of Anaheim, Brookhurst Street Widening Remnant Parcels (Anaheim, CA). Role: Project Manager. Client coordination/meetings. Budget oversight/review, Owner coordination/negotiations.
Completed the agreements, deeds, and legal & plat documents into one offer package for the buyer.
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RESUME
KATIE QUICK
SENIOR AGENT
EDUCATION
IRWA Coursework,
ADHI, Real Estate
Principals, Property
Management
LICENSES:
California Real
Estate License:
01999213
YEARS OF
EXPERIENCE
5 As a Senior Agent, Katie is responsible for right of way acquisition, surplus land sales and relocation services for public agency projects. She fulfills a variety of functions including management support, property negotiations, and document preparation for property acquisition and relocation, title compilation for property reports, research and analysis for cost estimates, site searching, and escrow functions. She is a California Real Estate licensee with seven years of sales experience.
Katie has a thorough understanding of Federal and State laws which govern the acquisition and relocation process and working with the various regulations which must be followed depending on the funding agency.
Project Experience
City of Palmdale , North County ITS Palmdale Extension Project (Palmdale, CA). Role: Senior Acquisition Agent. Responsible for reviewing and analyzing Preliminary Title Reports, property profiles, and Legals & Plats for the purposes of inputting data and creating Title Review Summaries and preparing offers for two parcels to construct city improvements such as fiber optic interconnect, CCTV surveillance, traffic operations center (TOC) upgrades, and new/upgraded signals within the city. Key benefit to the client included identifying grant of easement on title over the property interest area, saving the Agency acquisition costs.
Riverside County Transportation Commission (RCTC), SR-91 Corridor Improvement Project (Riverside County, CA). Role: Senior Acquisition Agent. Surplus Land Sales. Agent responsible for Public Agency notices, preparing offer packages consisting of analyzing appraisals and legal descriptions. Marketing of parcels and offer submissions. Prepare Purchase Agreements.
San Bernardino County Transportation Authority (SBCTA), West Valley Connector Segment 1, Pomona to Montclair(Montclair, CA). Role: Senior Acquisition Agent. Segment 1 of the FTAfunded 35-mile-long bus rapid transit (BRT) corridor connecting major cities in western San Bernardino County to Los Angeles County and new stations at up to 33 locations. OPC’s work on Segment 1 involves project management, title, negotiation, relocation, closing, and escrow to acquire 57 parcels with 47 common ownerships. Approximately 33 parcels will require temporary construction easements (TCEs) and 14 parcels will be part takes. Most of the subject parcels have commercial uses. Right of way tasks are substantially complete. I-10 Express Lanes Project, Montclair, CA. California Department of Transportation (Caltrans), the lead agency, in cooperation with SBCTA, proposes to add tollway lanes along the 33-mile segment of Interstate 10 (I-10) between the Los Angeles/San Bernardino County Line and Ford Street in San Bernardino County to reduce traffic congestion. This high profile, politically sensitive project involves over 450 partial acquisitions and complex partial acquisitions.
Agent responsible for part take acquisitions as well as complex acquisitions of residential, commercial, and industrial parcels.
Port of Long Beach / Hill International Inc. , Pier B On-Dock Rail Project (Long Beach, CA). Role: Senior Agent Supporting acquisition and relocation activities for complex business operations. Project involves acquisition of 29 parcels occupied by industrial, commercial, and institutional uses, and relocation of approximately 50 affected businesses around the port.
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RESUME
STEVE LOPES
SENIOR AGENT
EDUCATION
Real Estate
Coursework
YEARS OF
EXPERIENCE
25 Steve has over 25 years experience in Property Management, Real Estate Brokerage, and Valuation.
His background gives him expert relationship-building skills with tenants, land owners, and business owners to facilitate a smoother negotiation process for acquisitions. He is an experienced cost estimator.
He has managed bank-owned properties, managed commercial tenants, managed commercial tenant improvements, performed property damage and occupancy inspections, performed valuations for banks and appraisal management companies, reviewed and negotiated vendor contracts/work scopes, assigned workload to team members, procured bids from General Contractors for property rehab projects.
PROJECT EXPERIENCE
Port of Long Beach, Pier B (Long Beach, CA) Business Relocation Agent (4 Businesses) Steve reviewed Relocation Advisory Services with tenants, Performed Notice of Entitlement Review, referral properties, property inspections, scope of work creation, sourced move bids, reconciled Fixture & Equipment lists with claimant, and close out.
Hollywood Community Housing, Washington Blvd Project (Los Angeles, CA) Senior Agent.
Reviewed Relocation Advisory Services with tenants, Performed Notice of Entitlement Review, referral properties, property inspections, scope of work creation, sourced move bids, reconciled Fixture & Equipment lists with claimant, and close out.
Douglas Emmett, Barrington Plaza Project (Los Angeles, CA) Relocation Agent Steve reviewed Relocation Advisory Services with tenants, Reviewed the Ellis Act overview, referral properties, property inspections, and close out.
City of Ontario. Mission & Mountain (Ontario, CA) Relocation/Acquisition Agent Steve reviewed Relocation Advisory Services with tenants, reviewed the Uniform Relocation Act, NOE, served Tenant Notices, referral properties, property inspections, and close out.
SR-91 HOV Gap Closure Project, Riverside County Transportation Commission - Relocation Agent. The SR-91 HOV GAP Closure project consisted of the widening of approximately 7 miles of the SR-91 freeway from the SR-60/I-215 Connector and Adams Avenue. RCTC constructed carpool lanes and auxiliary lanes in each direction providing continuity with the existing HOV lanes west of Adams Avenue. OPC was responsible for implementation of a comprehensive right of way program, including project management, appraisal, appraisal review, acquisition, relocation, environmental, utility potholing (including permitting for railroad parcels), and property management among other related services. OPC staff was responsible for acquiring 73 partial and 8 full take acquisitions, as well as the relocation of 11 business occupants, 1 residential occupant, and 164 Self-Storage and RV units.
REGISTRATIONS
Real Estate
Salesperson, CA
01856874
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RESUME
LINWOOD “SKIP” CARLETON, JR. PLS
RIGHT OF WAY ENGINEERING MANAGER
EDUCATION
Engineering
Coursework,
University of
Miami School
YEARS OF
EXPERIENCE
50 As OPC’s Right of Way Engineering/Land Surveying Manager, Skip brings with him 50 years of experience in the surveying field. Skip has served as a Program Manager for transportation/transit projects. He has provided local agencies/municipalities land surveying and right of way engineering support services across the western US.
His expertise includes land surveying program management, property boundary retracement, complex title analysis, field surveying practices, and client right of way engineering standards.
PROJECT EXPERIENCE
San Bernardino County Transportation Authority (SBCTA), Miscellaneous Title/Right of Way Engineering Services, San Bernardino County, CA. As part of their long-term property management plan, SBCTA required multiple corrections in title/ownership to their railroad track and stations in the Cities of Rancho Cucamonga, Upland, Montclair, San Bernardino, and Ontario, CA. Responsible for the management of all right of way engineering/field surveying and boundary retracement for multiple station properties, and analysis of all deeds/title. Tasks included preparation of as necessary legal descriptions, plat maps, exhibits, deed documents for approximately 30 deeds to correct erroneous, title issues.
City of Bakersfield, Bakersfield/TRIP, 24th Street Improvements (Former SR 178), Bakersfield, CA. The Thomas Roads Improvement Program (TRIP) includes a series of improvement projects deemed necessary to update aging infrastructure in areas stressed by years of rapid population growth, interregional travel, and freight movement. As part of the program’s collaborative effort between the City of Bakersfield, Kern County, and Caltrans, the Bakersfield 24th Street Improvement Project will significantly enhance some of the City’s major arterial roads. Responsible for the engineering design survey and ROW mapping for the project to Caltrans specifications, as well as providing other survey services. He is responsible for all Right of Way Engineering/Land Surveying necessary for the project.
City of Bakersfield, Centennial Corridor Improvement Project, Bakersfield, CA. The City of Bakersfield, in cooperation with Caltrans, is proposing to build a new east-west transportation corridor for State Route 58, providing a continuous alignment from State Route 99 to Interstate 5. Responsible for comprehensive engineering design survey services to Caltrans specifications, including: survey monument search and recovery, control verification, supplemental control, 3D laser scanning, topographic surveying and mapping, and 3D modeling. Responsible for preparation of R/W engineering mapping deliverables, and R/W engineering staking necessary to support the design of this project. Efforts included approximately 10 square miles of field surveying efforts within three Caltrans owned freeways, management of multiple field crews, daily interface with the City, and complex mineral rights analysis.
Contra Costa Water District, Contra Costa Canal Title Transfer, Contra Costa County, CA. Survey Manager responsible for Quitclaim Exhibit and easement mapping for several hundred parcels. Coordinated with client, US Bureau of Reclamation, and the County Recorder to compile decades of acquisition documents and title research.
LICENSES
Registered
Professional Land
Surveyor, CA, No.
6594; Professional
Land Surveyor
in New Mexico,
Arizona, Nevada,
and Texas
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RESUME
DAVID MOORE
SENIOR UTILITY MANAGER
EDUCATION
B.A./B.S.,
Corrections /
Sociology
Langston University
YEARS OF
EXPERIENCE
14 David brings 14 years of direct State DOT experience to our utility coordination team. His understanding of State DOT standards and regulatory compliance, including Buy America requirements, FHWA guidelines, and Local Assistance Procedures Manual, makes him a valuable asset to project teams. Through his work both with Caltrans’ acquisition group and utility group, he has perfected his negotiation skills to become extremely effective in working with utility owners, public agencies, and consulting engineers. David is also skilled at developing other utility coordinators and acts as a mentor to junior staff on both theoretical and practical aspects of utility coordination, acquisition, eminent domain action, contract management, and regulatory compliance.
PROJECT EXPERIENCE
Port of Long Beach, Pier B On-Dock Rail Support Facility Program, Long Beach, CA.
Utility Manager for $1.567 billion project to redevelop port rail yard to allow workers to assemble trains up to two miles long as well as increase rail car capacity, vital to shifting more cargo onto trains and minimizing the environmental impacts of trucking. Contacting and verifying over 30 third parties and 10 agency utility owners for their ‘as-built’ plans and plotted utility facilities on utility base mapping, research of license and pipeline agreements, easements, permits, the coordination and collaboration of meeting with all the assorted owners within the project area, encompassing many petroleum owners (Crimson, Chevron, Shell, Valero, Phillips 66, Long Beach Energy Resources, Plains All American Pipeline, Zenith, Marathon) as well as Southern California Edison, Southern California Gas, Verizon, and Los Angeles Department of Water and Power to discuss proposed conceptual relocation plans, liability, constraints, schedule, collaborative efforts amongst owners.
Los Angeles County Metropolitan Transportation Authority (LA Metro), WB SR-91 Widening Project from Alondra to Shoemaker, Carson, CA. Acting as Senior Utility Manager and main point of contact with 20 utility owners for identifying and verifying utility facilities lying within the proposed right of way. The project involved 10 separate relocations that include: fiber optic, copper (cable), telecommunications, electric, natural gas, water, and telephone.
California High-Speed Rail Authority, High Speed Rail Fresno to Bakersfield Segment, Bakersfield, CA. Senior Utility Manager on Task Order 14 of the project. Providing coordination between the 43 utility owners and the deputy of real property to identify areas that will affect utility owner easements, joint use agreement, consent to common use agreement, and (as necessary) replacement and/or creation of new agreements. Created, reviewed, executed, and recorded all agreements with County Recorder Office. Assisted in developing proper utility relocation documents including, but not limited to, multiple Joint Use Agreements, Consent to Common Use Agreements, Director’s Deed, and Easement Deeds. Assignment involves 1,100 separate relocations, including fiber optic, copper (cable), telecommunications, electric, natural gas, petroleum, irrigation districts, and telephone.
Agreements for Professional Services to perform As-Needed Professional R... Page 434 of 1755 RESUMES -A-13
RESUME
DEBBIE MORGAN
PROJECT CONTROLS ANALYST
EDUCATION
BS, Home
Economics in
Business; Minor in
Business University
of Wisconsin
Postgraduate:
Escrow I-II, Real
Estate Practices
YEARS OF
EXPERIENCE
37 Debbie is responsible for the internal escrow processing of real property acquisitions for all projects managed from the OPC Sacramento office. With previous Escrow Officer experience, Debbie interfaces with property owners, explains documents and the escrow process. She is responsible for preparation of acquisition documents (rights of entry, offer letters, deeds, agreements, forms, etc.), coordination of appraisal and title subconsultants, resolution of title issues, litigation support, relocation support, project control, parcel management, contract management, and project reporting. She also provides title/ escrow services, relocation assistance and project management support for OPC projects throughout California, Arizona, Nevada, and Texas.
PROJECT EXPERIENCE
City of Coachella, Avenue 52/Grapefruit Boulevard Grade Separation Project, Coachella, CA. Prepared offer letters, purchase and sale agreements, deeds, possession & use agreements. Reviewed appraisals and preliminary title reports. (Approximately 15 parcels, including UPRR).
Riverside County Transportation Commission (RCTC), Mid-County Parkway Project, Riverside, CA. Prepared offer letters and documents for commercial and residential properties. Pachappa Overpass Project. Assist with preparation of the Notice of Decision to Appraise letters to property owners. SR-91 Corridor Improvement Project. Prepared title reviews, NOE’s, offer letters, agreements, transfer deeds and RON notices. Reviewed preliminary title reports, responsible for the closing of escrows, title coordination on title issues, and reviewed appraisals.
San Bernardino County Transportation Authority, Devore I-15 Interchange Project, San Bernardino, CA. Prepared agreements and deeds. Reviewed appraisals, preliminary title reports, resolved title issues and prepared RON notices. Laurel Street Grade Separation Project. Responsible for coordinating the closing of escrows and title coordination for the project. Review of executed acquisition documents, preliminary title reports and update requests, and maintaining escrow report.
City of Bakersfield, Centennial Corridor Improvement Project, Bakersfield, CA. Assisted with preparation of Notices and finalizing Offer Letters and documents to property owners.
Provided referral site searches for relocation of occupants. 24th Street Improvement Project (Bakersfield, CA). Assisted in preparing Notices, prepare and finalize Offer Letter and documents to property owners.
Solano County, Cordelia Hills Sky Valley Open Space and Pedestrian Bike Path Project, Solano County, CA. Preparation of offer letter and documents for owner’s signatures, review of appraisal, parcel management/ reports, coordinate title and escrow services for full fee simple interest in 148-acre parcel with improvements. Stevenson Road Bridge Improvement Project. Preparation of NDA’s, document preparation, parcel management/ status reports, review of legal descriptions and plat maps, and title coordination for three permanent easement and temporary construction easement acquisitions.
Agreements for Professional Services to perform As-Needed Professional R... Page 435 of 1755 RESUMES -A-14
RESUME
ANDREW (ANDY) P. NIERENBERG
REVIEW APPRAISAL
EDUCATION
MS, Public
Administration, Cal
State University,
Los Angeles
BA, Economics/
History, William
&De Mary College,
VA
CA State University,
Sac., Leadership
Training I and II
LICENSES:
YEARS OF
EXPERIENCE
40 Andy is a Program Manager and Appraisal Manager with OPC. He is a former public sector executive manager with 38 years of experience in state government managing the appraisal and acquisition of right of way. Most recently, Andy served as Deputy District Director of Right of Way for the State of California Department of Transportation, District 7.
His experience in appraisal includes various types of real property, with emphasis on appraisal for partial acquisition of fee and easement rights. He also has specialized experience in the appraisal of “airspace” rights for development of long-term leaseholds. Andy’s extensive background in all facets of right of way makes him an exceptional addition to the team.
Project Experience
Stanislaus County Public Works, North County Corridor – Phase I (Riverbank, CA). Consulting with the project team on appraisal and acquisition documents required for project delivery.
Performed a high-level review of memorandum of adjustment documents for the acquisition team.
Riverside County Transportation Commission / Western Riverside County Regional Conservation Agency, On-Call Right of Way Services (Riverside County, CA). Appraisal Manager and Appraisal Reviewer for residential, rural, vacant, and commercial parcels for habitat conservation projects as well as roadway and highway projects under an on-call contract with Riverside County Transportation Commission (RCTC).
City of Glendale Department of Water and Power, Glendale Community College Parking Lot Solar Canopy Appraisal (Glendale, CA). Appraisal Manager for valuation for parking canopy space leased to the City from Glendale Community College for generating power through solar photovoltaic panels.
Texas Department of Transportation (TxDOT), North Houston Highway Improvement Project (NHHIP), 3rd Ward Environmental Justice (Houston, TX). Assisted in the preparation of an affordable housing development program for the impacted residents of the Third Ward. Assisted in the preparation of construction cost estimates for the construction of homes for that same program.
Past Relevant Expertise
Deputy District Director of Right of Way, State of California Department of Transportation, District 7: Five years of experience as District Right of Way Manager for Caltrans District 7, Los Angeles Office, serving in the capacity of Deputy District Director, for the counties of Los Angeles and Ventura. The Deputy District Director manages 160+ right of way agents, right of way land surveyors and support staff reporting to one Principal Right of Way Agent, and six Supervising Right of Way Agents with the largest combined right of way capital outlay budget in Caltrans. Over 125 projects delivered to construction including 10 segments of I-5 (North & South), 3 segments of I-10, and right of way for both the I-405 and 605/10 Interchange Design-Build projects. Personally negotiated “possession and use agreements” securing property rights for the above referenced projects from federal, state, and local agencies as well as from multi-million dollar commercial and industrial interests.
Agreements for Professional Services to perform As-Needed Professional R... Page 436 of 1755 RESUMES -A-15
RESUME - SUB-CONSULTANT
BETH FINESTONE, MAI, AI-GRS, FRICS, CRE
APPRAISAL - CBRE
EDUCATION
M.B.A. Pepperdine
University
B.S. Kinesioology,
UCLA
LICENSES:
California Certified
General Appraiser
No. AG004030
YEARS OF
EXPERIENCE
40 Beth Finestone, MAI, AI-GRS, FRICS, CRE, is an Executive Vice President of Valuation and Advisory Services in Southern California. She has specialized in valuation and consulting services related to public agency clients and has significant experience appraising properties in Los Angeles County, the Inland Empire, and the surrounding area. She also has significant experience with major, investment-grade commercial properties, e.g., office, industrial, retail, multifamily, land, and special purpose properties, for over 40 years. Beth has also been very active in the appraisal of land, both entitled and unentitled. She has been involved in the appraisal of open space land, land for mitigation purposes and valuing various types of land for conservation purposes. Beth was the 2019 president for the Southern California Chapter of the Appraisal Institute (SCCAI), the largest AI chapter in the United States. Beth’s clients include public agencies, right of way firms, law firms, lenders, institutional investors, major corporations, 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. Beth is well known as an appraiser with expertise in the valuation of land, both entitled and unentitled. Beth has been involved in numerous appraisals of large tracts of land requiring a detailed highest and best use analysis, and is very experienced in appraising land to be acquired for conservation or mitigation purposes.
Beth has significant experience in coordinating and managing multi-property assignments. She has been active in acquisition appraisals for SCE in Los Angeles, Tulare, Fresno, Kern, San Bernardino, and Riverside counties; Riverside County Transportation Commission (RCTC) as part of the expansion of the SR-91 freeway in Corona; the Orange County Transportation Authority (OCTA) as part of the I-405 expansion and the I-5 expansion, San Bernardino County Associated Governments (SANBAG); City of Bellflower; City of Ontario; City of Inglewood; the California Department of General Services; the U.S. General Services Administration; and the California High-Speed Rail Authority (CHSRA).
Beth has aided the Los Angeles County Metropolitan Transportation Authority (LACMTA) in reviewing appraisals related to the proposed Crenshaw/LAX Transit Corridor Project. She has significant experience in working with school districts for both acquisition assignments and disposition of surplus sites. Beth has an on-call appraisal contract with the City of Ontario and prepares and reviews appraisals related to their Quiet Home Program. These reports and reviews are done to FAA guidelines. She also has on-call appraisal contracts with the County of Los Angeles, the California State University Office of the Chancellor, the Los Angeles Community College District, the Los Angeles Unified School District, the Community Development Commission of the County of Los Angeles, the Housing Authority of the County of Los Angeles, the City of Irvine, the Riverside County Transportation Commission (RCTC), and the Orange County Transportation Authority (OCTA). She has reviewed large numbers of appraisals for the OCTA, Los Angeles Unified School District, and the City of Ontario. She also oversees the administration of the office and works with and mentors junior members of the staff.
Agricultural Land
Apartment complexes
Auto service/gas stations
Camps and schools
Cold-storage facilities
Commercial land
Condominiums
Healthcare properties
Hotel/motel properties
Industrial Land
Industrial manufacturing
Mixed retail/residential
Mitigation and open space
land
Mobile home parks
Office buildings
Pipeline easements
Produce marts
Rail and transportation corridors
Religious facilities
Residential Land
Restaurants
Shopping centers
Single-family residences
Special purpose properties
Subdivisions
Theaters
Warehouse/distribution
Wind farms
Agreements for Professional Services to perform As-Needed Professional R... Page 437 of 1755 RESUMES -A-16
RESUME - SUB-CONSULTANT
JOHN PENNER, MAI
APPRAISAL - VALBRIDGE
EDUCATION
B.S. - Business
Administration
Finance &
Investments
San Diego State
University
LICENSES:
Certified General
Appraiser
YEARS OF
EXPERIENCE
41 EXPERIENCE:
SENIOR MANAGING DIRECTOR/OWNER, 1991-Present
This firm performs valuation and advising for commercial real estate with a specialty in medical office, and industrial properties. Mr. Penner has over 40 years of experience in the Southern California region and has completed assignments in many areas of the United States.
SENIOR APPRAISER: T.L. YATES & ASSOCIATES, 1990–1991
Work included narrative appraisals of proposed, existing and problem properties located in the markets of Southern California and Arizona.
SENIOR APPRAISER/ANALYST: HOME SAVINGS OF AMERICA, 1983–1990 Work included valuation of residential and commercial properties located throughout Southern California, Northern California, Arizona, Texas, Florida and New York. Specific responsibilities included the appraisal of problem properties, market studies, feasibility, and portfolio analysis.
MEMBERSHIP/AFFILIATIONS:
Appraisal Institute – MAI Designation & Certificate in Litigation Appraisal Institute – Volunteer of Distinction (2016)
Member: Lambda Alpha International (LAI) – Land Economics Society Member: International Right of Way Association (IRWA)
Valuation Specialist – Orange County Estate Planning Council Urban Land Institute – Certificate in Real Estate Development Founding Board of Directors Member – Valbridge Property Advisors SCOPE OF WORK:
Work includes the appraisal and/or consultation of reports for acquisition, sale, refinance, estate, development, condemnation, fractional interest and court testimony purposes.
Typical clients served are financial institutions, investors, developers, legal firms, and governmental. Types of properties appraised include:
• High and Low Rise Office Medical & Dental Offices
• Corporate Headquarters Office Condominiums
• Regional Shopping Malls Neighborhood Centers
• Strip Retail Centers Restaurants
• Mixed Use Bank Branches
• Vacant Land Market Studies
• Manufacturing Facilities Warehouses
• R&D Buildings Business Parks
Agreements for Professional Services to perform As-Needed Professional R... Page 438 of 1755 RESUMES -A-17
RESUME - SUB-CONSULTANT
SHARON A. HENNESSEY, MAI, SR/WA, AI-GRS
APPRAISAL REVIEW - HENNESSEY & HENNESSY
EDUCATION
B.A. University of
California, Berkeley
LICENSES:
California Certified
General Appraiser
No. AG003323
YEARS OF
EXPERIENCE
40 Sharon has appraised properties for right of way projects throughout California. She is qualified as an expert witness in the Superior Court of Orange County. Sharon holds the MAI designation from the Appraisal Institute, is a California Certified General Real Estate Appraiser (AG003323), and a Senior Member of the International Right of Way Association.
Sharon is also a certified DBE. She is a partner in the firm Hennessey & Hennessey LLC (H&H). H&H is a real estate appraisal firm specializing in appraising property for public projects. H&H has been providing appraisal services throughout Southern California for over 40 years. The firm provides appraisal, appraisal review, and cost estimating service.
Project Experience
Orange County Transportation Authority - Costa Mesa (SR-55) Improvement Project between Interstate 405 and Interstate 5: Appraised 14 properties for partial acquisitions consisting of multi-family residential, commercial, and industrial. Year completed: 2021
Overland, Pacific & Cutler LLC - North County Corridor Project, Stanislaus County:
Reviewed ±61 appraisals to determine their accuracy and compliance with state and federal guidelines. Year completed: currently in process San Bernardino County Transportation Authority -West Valley Connector Project:
Reviewed ±48 appraisals to determine their accuracy and compliance with state and federal guidelines. Year completed: currently in process City of Anaheim - Lincoln Avenue Widening Project (East Street to Evergreen Street):
Appraised 13 parcels for partial acquisitions consisting of single-family commercial and a school site. Year completed: 2020
Orange County Transportation Authority - I-405Widening Project: Reviewed more than 350 appraisals to determine their accuracy and compliance with state and federal guidelines. Year completed: 2021
Agreements for Professional Services to perform As-Needed Professional R... Page 439 of 1755 RESUMES -A-18
RESUME - SUB-CONSULTANT
Tim Fettig
SURVEY - GUIDA
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
LICENSES:
Professional Land
Surveyor #7542/
CA/1999; IUOE
Local 12, Licensed
Party Chief
AFFILIATIONS:
California Land
Surveyors
Association (CLSA),
Orange County
Chapter
YEARS OF
EXPERIENCE
36 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, constructibility 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.
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.
Agreements for Professional Services to perform As-Needed Professional R... Page 440 of 1755 RESUMES -A-19
RESUME - SUB-CONSULTANT
GRIFFIN A. WAYNE
TITLE - COMMONWEALTH
EDUCATION
Fullerton College
Business
Management
MAP Executive
Leadership and
Management
Training
CLTA /ALTA
Underwriting
Guidelines and
Procedures
LICENSES:
California
Department of
Insurance. (License
# 0G41962)
AFFILIATIONS:
California Land
Title Association
Board MemberInternational
Right of Way
Association CH 57
(Riverside and San
Bernardino)
YEARS OF
EXPERIENCE
23 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. In this role, Griffin manages a team of industry leading title professionals providing specialized services incorporating all aspects of Title and Escrow, including Right of Way, Gas & Electric, Subdivision, Commercial/ Industrial Properties, Wind/Solar, Public Housing and Wireless Telecommunication projects.
A big believer in being involved and making a difference, Griffin is proud to serve as a board member of the International Right of Way Association where he was named “Professional of the Year” in 2017.
Griffin has more than 23 years of title and escrow experience managing special projects. Before joining Commonwealth Land Title Company in 2009, Griffin was employed by Stewart Title’s Major Accounts Division for 9 years. In this role, Griffin was responsible for creating and managing the “Special Projects Division” which was solely devoted to right of way/ local city, state, federal government agency, and wireless telecommunication projects.
It is Griffin’s commitment to quality service and his focus on customer satisfaction that has allowed him and his team to exceed our competition in providing a broad spectrum of title and escrow solutions.
Notable Project Management Experience
• RCTC- SR91 Toll Roads/CIP Project 18 Mile Toll Road, Over 500 parcels, $1.4Billion Project
• LA Metro Goldline Project
• SCE- West of Devers Project
• SCE- Valley South Sub transmission Project
• OCTA, SR 22 HOW Improvement Project
• Alameda Corridor Transportation Authority South End Section Project • OCTA, State Route I405 Project
• SBCTA, I-10 Express Project
Agreements for Professional Services to perform As-Needed Professional R... Page 441 of 1755 A-20
EXCEPTIONS TO THE STANDARD AGREEMENT FOR
PROFESSIONAL SERVICES
OPC suggests the following revisions to Section 16(a) of the Standard Agreement for Professional Services:
(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 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.
Agreements for Professional Services to perform As-Needed Professional R... Page 442 of 1755 Liz O’Neil
213.793.5477
[email protected]
FOR QUESTIONS REGARDING THIS
SUBMISSION, PLEASE CONTACT:
Agreements for Professional Services to perform As-Needed Professional R... Page 443 of 1755 IND-PSA rev20221214 Overland, Pacific & Cutler, a division of TranSystems Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
Agreements for Professional Services to perform As-Needed Professional R... Page 444 of 1755
REQUEST FOR QUALIFICATIONS
COST PROPOSAL
ON-CALL PROFESSIONAL
RIGHT-OF-WAY SERVICES
Due 05/08/2024
OPC Contact:
Liz O’Neil
213.793.5477
[email protected]
CITY OF
Agreements for Professional Services to perform As-Needed Professional R... Page 445 of 1755 www.transystems.com | 2280 Market St., Suite 200 Riverside, CA 92501 May 8, 2024
Donn Uyeno, Principal Civil Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201
RE: REQUEST FOR QUALIFICATIONS
ON-CALL PROFESSIONAL RIGHT-OF-WAY SERVICES
Dear Donn:
Overland, Pacific & Cutler (OPC), a division of TranSystems, is pleased to submit this fee proposal for the professional services we propose to provide for on-call professional right of way services for upcoming city projects.
This fee proposal is in tandem with our SOQ submission to the RFQ, submitted separately.
For this submission, we have enclosed the fee schedules for OPC and our chosen sub-consultants.
Our proposal is valid for 90 days from the date submitted.
If you have any questions or require additional information or clarifications, please contact our Director of Client Development, Liz O’Neil at 213.793.5477, email at [email protected], or mail at 5000 Airport Plaza Dr. Suite 250, Long Beach, CA, 90815.
Respectfully submitted,
Brian Everett
President, Real Estate Division
COVER LETTER Page 212 of 225 AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 446 of 1755 1 Project Management & Implementation
Principal In Charge $300.00
Senior Program Manager / Senior Vice President $250.00
Program Manager $200.00
Senior Project Manager / Quality Manager $175.00
Project Manager / Project Controls Manager $160.00
Senior Agent / Senior Analyst / Project Controls Analyst $145.00 Agent / Analyst / Senior Land Specialist $130.00
Relocation Specialist / Land Specialist $115.00
Real Estate Appraisal
Appraisal Review Program Manager $200.00
Trust Account Services
Trust Account Manager $140.00
Staff Accountant $125.00
Administrative
Administrative Assistant $100.00
OPC Schedule of Hourly Rates 2024*
Overland, Pacific & Cutler, a Division of
FEE SCHEDULE
*Our hourly fees will escalate by 5% on the 31st of each January in years when an escalation is necessary.
Agreements for Professional Services to perform As-Needed Professional R... Page 447 of 1755 2 2024 Billing Terms and Conditions
Unless superseded by client-generated Billing Terms in an Agreement executed by OPC, the following terms shall apply to this Scope of Services.
OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile, and mobile communication charges a normal part of doing business and such costs are included in the stated hourly rates. Out-of-pocket expenses including 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 OPC 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 (2) times the regular hourly rates.
In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.
Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.
OPC 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.
Overland, Pacific & Cutler, a Division of
FEE SCHEDULE Page 214 of 225 AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 448 of 1755 3 CBRE Schedule of Hourly Rates
Staff/Position
Appraisal and
Consulting
Hourly Fee
Trial Preparation
and Expert
Testimony
John G. Ellis, MAI, CRE, FRICS $450 $600
Beth B. Finestone, MAI, AI-GRS,
FRICS, CRE
$400 $475
Adam Bogorad, MAI $375 $450
Rick Donahue, MAI $400 $550
Jerardo Arciniega, MAI $300 $350
Thomas G. Richardson, MAI $300 $300
Senior Appraisers $250-$300 N/A
Senior Valuation Associates $165-$225 N/A
Valuation Associates $125-$150 N/A
Administrative Staff $120 N/A
In completing other large, multi-parcel assignments, we have found that the most effective way to minimize costs is to organize each assignment after gaining an understanding of all of the work involved.
That is, we would carefully consider all of the appraisal assignments to be completed in the reasonably foreseeable future. By identifying all appraisal assignments to be completed, we are able to make most efficient use of our time in completing field inspections, and in cross-referencing factual data contained within the specific appraisal reports. In simultaneously completing multiple appraisals, we would prepare a matrix identifying all of the properties along one axis, and identifying the various tasks within each appraisal along the other axis. In this manner, we are able to complete our work in the most efficient manner possible. By organizing our work in this manner, we have found that appraisal fees (on a per parcel basis) are frequently 15% to 30% less in a multi-parcel project area than they would be if the appraisal of each parcel was completed one at a time.
We will provide firm fixed-fee estimates for each assignment or grouping of assignments prior to the onset of undertaking the assignment. The fixed-fee estimates provided will include all costs associated with the completion of the appraisals. TranSystems, Inc. and/or the City will not be billed for expenses we incur in the preparation of the appraisal, unless these are approved in writing by TranSystems, Inc. and/or the City at the onset of an assignment. For the purpose of providing supplemental consulting services and expert testimony, hourly rates will be as follows:
Rates are effective through the duration of the contact with the City.
FEE SCHEDULE Page 215 of 225 AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 449 of 1755 4 Valbridge Property Advisors Schedule of Hourly Rates
Position 2024 Hourly
Rate
2025-2027
Hourly Rate
2028-2029
Hourly Rate
John D. Penner, MAI - Project Manager $200 $206 $212
Court Testimony $450 $464 $478
Senior Appraiser $150 $155 $160
Staff Appraiser $125 $129 $133
Analyst $75 $77 $79
Appraisal Reports
Our costs are usually provided as quotes on a project specific basis. Costs for appraisals, including right of way appraisals, typically range from $2,000 to $4,500 per parcel/appraisal report, depending on the number of properties and the complexity of the assignment. If the valuation is particularly complex the price may be higher. Projects consisting of multiple appraisals for similar properties in a particular location could yield a lower cost per appraisal.
Appraisal Review
Our fees for reviewing appraisals of other firms range from $1,500 to $2,000, depending upon the scope of the review, the complexity of the property appraised and the number of appraisals to review for a particular project. These costs are also typically provided as quotes on a project specific basis.
A Note on Our Costs
We regularly compare our fees with other firms and find we are near or slightly above average rates.
Our goal is not to provide the lowest cost service, but to provide exceptional quality valuations, while remaining competitive. Our costs allow us to maintain talented appraisers with superior credentials and performance history. Our clients trust us to thoroughly research data and can rely on our valuations. We do not bill for incidentals or overtime costs.
FEE SCHEDULE
Rate increases will be as of January 1st of the escalation year.
Agreements for Professional Services to perform As-Needed Professional R... Page 450 of 1755 5 Hennessey & Hennessey Schedule of Hourly Rates
Name/Classification/Job Job
Function
Fully
Burdened
Hourly Rate
2024
Fully
Burdened
Hourly Rate
2025
Fully
Burdened
Hourly Rate
2026
Fully
Burdened
Hourly Rate
2027
Sharon Hennessey -
Project Manager/Senior
Appraiser
Real Estate
Appraisl
$300 $330 $365 $400
Sharon Hennessey - Senior
Appraiser
Court
Testimony
$350 $385 $425 $465
Administrative Assistants Project
Support
$130 $145 $160 $175
FEE SCHEDULE
All rates are “fully loaded” (i.e., includes all overhead, general costs, administrative costs and profit or published billing rates.
Rate increases will be as of January 1st of the escalation year.
Agreements for Professional Services to perform As-Needed Professional R... Page 451 of 1755 6 SOUTHERN CALIFORNIA LOCATIONS
ORANGE COUNTY 220 Commerce, Suite 150, Irvine, CA 92602 INLAND EMPIRE 3536 Concours, Suite 201, Ontario, CA 92408 | SAN DIEGO 380 State Place, Escondido, CA 92029 WWW.GUIDAINC.COM
GUIDA 2024-2025 City Of Indio Rates Sheet.Docx
SOUTHERN CALIFORNIA | SURVEY AND MAPPING RATE SHEET
Rates effective through June 30, 2025
HOURLY RATES
LABOR DESCRIPTION HOURLY RATE
Principal $290.00
Senior Project Manager $260.00
Project Manager $230.00
Senior Project Surveyor $215.00
Project Surveyor $195.00
Senior Survey Analyst $175.00
Survey Analyst $155.00
Survey Technician $135.00
Project Coordinator $135.00
Survey Intern $105.00
Field Survey Rates by Prevailing Wage Classification*
1-Person Survey Crew $230.00
2-Person Survey Crew $370.00
3-Person Survey Crew $500.00
*1-, 2- and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated survey tools, safety equipment, etc.
MINIMUM HOURLY CHARGE (PREVAILING WAGE ONLY)
Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be billed on an hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements.
ESCALATION
Non-represented classifications will escalate 3% annually. Field rates will escalate in accordance with the International Union of Operating Engineers, Local 12. Escalation will occur on July 1 of each calendar year.
OVERTIME
Straight time will be billed for all work performed on-site up to 8 hours each day, Monday through Friday. Overtime will begin after 8 hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays. The overtime/double labor rates will include:
Overtime (on-site over 8 hours Mon-Fri and Sat) 1.5 times the hourly base rate Sundays and Holidays 2.0 times the hourly base rate
Nighttime Non-Overtime 1.5 times the hourly base rate
OTHER DIRECT COSTS
1. Reimbursable costs including but not limited to delivery or messenger fees, reproduction costs, agency fees, permits, title company fees, etc., shall be billed at cost.
2. Travel costs such as per diem, mileage, and lodging will be billed at cost.
3. Subconsultant fees shall be billed at cost plus 10%.
4. Costs related to specialty survey requirements, (i.e., traffic control, specialty equipment, etc.) will be billed at cost plus 10%.
5. Expenses for any special equipment and/or requests shall be at the approval of the client.
Guida Schedule of Hourly Rates
SOUTHERN CALIFORNIA LOCATIONS ORANGE COUNTY 220 Commerce, Suite 150, Irvine, CA 92602 INLAND EMPIRE 3536 Concours, Suite 201, Ontario, CA 92408 | SAN DIEGO 380 State Place, Escondido, CA 92029 WWW.GUIDAINC.COM GUIDA 2024 2025 City Of Indio Rates Sheet.Docx SOUTHERN CALIFORNIA | SURVEY AND MAPPING RATE SHEET
Rates effective through June 30, 2025 HOURLY RATES
LABOR DESCRIPTION HOURLY RATE
Principal $290.00
Senior Project Manager $260.00
Project Manager $230.00
Senior Project Surveyor $215.00
Project Surveyor $195.00
Senior Survey Analyst $175.00
Survey Analyst $155.00
Survey Technician $135.00
Project Coordinator $135.00
Survey Intern $105.00 Field Survey Rates by Prevailing Wage Classification* Person Survey Crew $230.00 2-Person Survey Crew $370.00
3-Person Survey Crew $500.00 *1-, 2- and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated survey tools, safety equipment, etc. MINIMUM HOURLY CHARGE (PREVAILING WAGE ONLY) Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be billed on an hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements. ESCALATION Non-represented classifications will escalate 3% annually. Field rates will escalate in accordance with the International Union of Operating Engineers, Local 12. Escalation will occur on July 1 of each calendar year. OVERTIME Straight time will be billed for all work performed on-site up to 8 hours each day, Monday through Friday. Overtime will begin after 8 hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays. The overtime/double labor rates will include: Overtime (on-site over 8 hours Mon-Fri and Sat) 1.5 times the hourly base rate Sundays and Holidays 2.0 times the hourly base rate Nighttime Non-Overtime 1.5 times the hourly base rate OTHER DIRECT COSTS
1. Reimbursable costs including but not limited to delivery or messenger fees, reproduction costs, agency fees, permits, title company fees, etc., shall be billed at cost. 2. Travel costs such as per diem, mileage, and lodging will be billed at cost. 3. Subconsultant fees shall be billed at cost plus 10%
4. Costs related to specialty survey requirements, (i.e., traffic control, specialty equipment, etc.) will be billed at cost plus 10%. 5. Expenses for any special equipment and/or requests shall be at the approval of the client.
Agreements for Professional Services to perform As-Needed Professional R... Page 452 of 1755 7 Commonwealth Title Report Fees
Property Type Fee
Single Family Residences $575-$650
Commercial/Industrial $650-$950
Utility Owned $900-$1,500
Municipal, City, County, State, Federal $850-$1,800
Railroad $1,500-$2,500
* One free update of the title report is provided within 12 months from the time of order.
From 13-24 months the cost is $350 and anything beyond 24 months could require a new search. Plotted Easements are included on all files if requested at the time of order placement. Please allow extra time to process these.
Title Reports will contain the most current vesting deed and copies of any and all applicable underlying schedule B documents including tax and other assessment information, any and all easements and rights of way, any and all deeds, restrictions, covenants, UCC financing statements affecting property and any pending legal activity, lawsuits and bankruptcy filings of record.
Our standard fees listed above include up to 3 contiguous parcel numbers with same ownership for SFR and Commercial/Industrial properties located in Southern California.
Products will be distributed in soft copy format. Additional fees could be added for “Special Handling” or when significant “Hard Costs” on a local basis is required. Properties requiring additional time and increased price are but not limited to Rail Road, Utility Owned, City, County, State, Federal, BLM or any other Government owned property. The above pricing are estimated ranges.
FEE SCHEDULE
Rate changes and escalations for title work are regulated. If the regulated rates change, Commonwealth would be bound by the California Department of Insurance to raise the rates, however, a fixed escalation cannot be determined at this time.
Agreements for Professional Services to perform As-Needed Professional R... Page 453 of 1755 8 Commonwealth Commercial Sale Escrow Services
Chapter 9 Commercial Escrow Fees and Charges Applicable to Zones 1 and 5. For use in the counties of Los Angeles, Orange, Riverside, San Diego, San Bernardino and Ventura.
FEE SCHEDULE Page 220 of 225 AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 454 of 1755 9 Commonwealth Part II Owner’s Insurance
Insurance Rate Table “R” Base Rate (Owner’s) Without Escrow Services FEE SCHEDULE Page 221 of 225 AGENDA ITEM #8.15
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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
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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
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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.
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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 459 of 1755 City of Indio
City Council
June 19, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Agreements for Professional Services to perform As-Needed Professional Land Surveying, Mapping, and Drafting Services with Michael Baker International, MSA Consulting, Inc., and NV5, in an amount not-to-exceed $250,000 per fiscal year, for a three-year term with two optional one-year extensions
RECOMMENDATION:
Approve Agreements for Professional Services to perform As-Needed Professional Land Surveying, Mapping, and Drafting Services with Michael Baker International, MSA Consulting, Inc., and NV5, in an amount not-to-exceed $250,000 per fiscal year, for a three-year term with two optional one-year extensions.
SUMMARY:
On April 11, 2024, the City issued a Request for Qualifications for As-Needed Professional Land Surveying, Mapping, and Drafting Services. Out of ten (10) firms that responded, three (3) firms were identified as the most qualified and cost-effective to provide the services. Staff recommends entering into agreements with Michael Baker International, MSA Consulting, Inc., and NV5.
BACKGROUND INFORMATION:
In 2019, the City sought similar services at the same cost, and successfully maintained sufficient services to drive forward the Capital Improvement Program (CIP). However, all current agreements are set to expire at the end of the fiscal year on June 30, 2024, prompting the need to update all AsNeeded Professional Services Agreements.
On May 9, 2024, the City received Statements of Qualifications (SOQs) for As-Needed Professional Land Surveying, Mapping, and Drafting Services. The following ten (10) firms responded:
Calvada Surveying, Inc. (Corona, CA)
David Evans and Associates, Inc. (Ontario, CA)
GIS Surveyors, Inc. (San Diego, CA)
Madole & Associates, Inc. (Rancho Cucamonga, CA)
Michael Baker International (Palm Desert, CA)
MSA Consulting, Inc. (Rancho Mirage, CA)
NV5 (Palm Desert, CA)
The Altum Group (Palm Desert, CA)
TKE Engineering, Inc. (Riverside, CA)
AGENDA ITEM #8.16
Agreements for Professional Services to perform As-Needed Professional L... Page 460 of 1755 Valued Engineering, Inc. (Upland, CA)
Staff evaluated the SOQs and selected the following firms based on their experience, understanding of the work to be done, experience with providing similar kinds of work, quality of staff, and a demonstrated technical ability to meet the agreement needs. Michael Baker International
MSA Consulting, Inc.
NV5
The Public Works Department's FY 2024/25 CIP includes 64 projects totaling over $135 million aimed at enhancing the city's parks, freeway interchanges, bridges, streets, traffic signals, storm drain system and facilities. Consultants are required to support Public Works staff in completing these tasks.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$750,000 Strategic Objective: Community Infrastructure
Source of funds: Capital Projects Fund-Org-Object
Reference:
Additional Financial Details:
The cost for each agreement with the three (3) recommended consultants will be capped at $250,000 per fiscal year, drawn from various funds within the Capital Improvement Program.
Beginning in FY 2024/25, each consultant will receive a not-to-exceed allocation of $250,000 per fiscal year.
The expenses for all work, including land surveying, mapping, and drafting services for CIP projects, have been factored into the overall budget approved by the City Council each year. Moreover, a significant portion of the consultant's expenses can be reimbursed from regional and state grant funds, as well as developer fees. The agreements have a term of three years, with an option to extend them for two additional one-year periods. The City reserves the right to terminate these agreements with a fifteen-calendar day written notice. No funds from the general budget will be allocated to these agreements.
ATTACHMENTS:
Attachment 1 - Agreement for Professional Services with Michael Baker International Attachment 2 - Agreement for Professiona Services with NV5 Attachment 3 - Agreement for Professional Services with MSA Consulting APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 13 Jun 2024
Agreements for Professional Services to perform As-Needed Professional L... Page 461 of 1755 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Jun 2024 Ruby D. Walla, Director of Finance Approved - 13 Jun 2024 Bryan H. Montgomery, City Manager Approved - 13 Jun 2024
Agreements for Professional Services to perform As-Needed Professional L... Page 462 of 1755 ATTACHMENT 1
Agreement for Professional Services
with Michael Baker International
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PROFESSIONAL SERVICES AGREEMENT
FOR AS-NEEDED PROFESSIONAL LAND SURVEYING, MAPPING, & DRAFTING SERVICES
BETWEEN THE CITY OF INDIO AND MICHAEL BAKER INTERNATIONAL 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 Michael Baker International, 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 land surveying, mapping, & drafting 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
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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.
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(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
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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.
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(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 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. 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
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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.
SECTION 13. UNAUTHORIZED ALIENS.
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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 Consultant’s obligations under this agreement, 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 Consultant’s obligations hereunder 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.
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(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 any remedies available to City under applicable law.
(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. Consultant shall indemnify City and any and all of its elected and appointed officials, officers, employees, and representatives (“Indemnified Parties”) from and against third party claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, direct losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), direct damages, costs and expenses, including reasonable attorney’s fees and costs, (collectively "Claims") to the extent that such arise directly out of, any negligent act, error, or omission by Consultant in Consultant’s performance of Services under this agreement, its officers, agents, employees, representatives, subconsultants, anyone for whom Consultant is legally liable. Consultant’s duty to indemnify the Indemnified Parties, shall not include any Claims to the extent arising from the negligence or willful misconduct or other fault or wrongdoing of the Indemnified Parties. In no event shall Consultant’s total liability for indemnity under this Section exceed Consultant’s pro-rata share of all fault causing any injury or loss.
(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.
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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.
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.
(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.
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(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. The City shall 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 pay all undisputed amounts owed to Consultant. 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.
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.
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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: Michael Baker International
Attn: Christopher Alberts, Vice President
75-410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
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.
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
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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).
SECTION 34. INCORPORATION AND CONFLICTING TERMS.
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(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 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]
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Signature Page
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR AS-NEEDED PROFESSIONAL LAND SURVEYING, MAPPING, & DRAFTING SERVICES
BETWEEN THE CITY OF INDIO AND MICHAEL BAKER INTERNATIONAL 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:
Christopher Alberts
Its: Vice President
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Exhibit A – Scope of Services
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EXHIBIT “A”
SCOPE OF SERVICES
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74-510GeraldFordDrive
Suite100
PalmDesert,CA92211
100CivicCenterMall
Indio,CA92201
On-CallProfessionalServicesforLand
Surveying,Mapping,andDraŌing
STATEMENTOFQUALIFICATIONS
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1. COVER LETTER
May 9, 2024
City of Indio
100 Civic Center Mall
Indio, CA 92201
Re: On-Call Professional Services for Land Surveying, Mapping, and Dra�ing In today’s world of ever-increasing demand on infrastructure, ci�es are tasked with providing solu�ons for aging roadways, easing traffic conges�on, maintaining u�lity services and implemen�ng projects that will improve the quality of life for their communi�es. The City of Indio requires an experienced, qualified, and dependable team with demonstrated success to deliver quick turnaround response to accommodate the City’s workload. Atached is Michael Baker Interna�onal’s (Michael Baker) response to the City’s Request for On-Call Professional Services for Land Surveying, Mapping, and Dra�ing. The Project Team was selected on the basis of past experience and knowledge in order to serve the best interests of the City. Our past experience within the Coachella Valley, aligned with our innovate approaches to on-call contracts, will allow Michael Baker to serve as an asset to the City in delivering cri�cal projects.
With our Palm Desert office posi�oned nearby, a Michael Baker team member is never far away. As a trusted partner to the City of Indio, the Michael Baker team is commited to provide responsive service and will be within arm’s reach of the City allowing for quick response �mes, and easy mee�ng coordina�on.
Work provided for this contract with the City will be headquartered from Michael Baker’s Palm Desert office with technical support coming from throughout the region. Addi�onally, Michael Baker’s staff have worked from home for over four years and are now proficient at providing efficient and seamless support to our clients through the variety of communica�on media commonly used, o�en resul�ng in more cost-effec�ve mee�ngs and services.
THE MICHAEL BAKER TEAM IS UNIQUELY QUALIFIED TO PERFORM THIS WORK
YEAR FOUNDED: 1940
FORM OF ORGANIZATION:
Pennsylvania Corporation
LEGAL NAME OF FIRM: Michael
Baker International
CONTACT INFORMATION:
John Duquette, PLS
75-410 Gerald Ford Drive
Suite 100
Palm Desert, CA 92211
[email protected].
CALIFORNIA DEPT. OF INDUSTRIAL
RELATIONS #: PW-LR-1000631983
OFFICES: Locally: 9; Nationally: 90
EMPLOYEES: Locally: 558; Nationally:
3,000+
SOUTHERN CALIFORNIA OFFICES &
NUMBER OF EMPLOYEES:
Ontario (52); Palm Desert (25);
Temecula (43); Santa Ana (224); Los
Angeles (19); Long Beach (37);
Carlsbad (42); San Diego (116)
75-410 Gerald Ford Drive, Suite 100 MBAKERINTL.COM Palm Desert, CA 92211
PROVEN RESOURCE
Michael Baker has been
working in the Coachella Valley
for more than 60 years. We
understand the importance of
responsiveness, technical
competence, communica�on,
and scope each task order to
meet the City's needs.
MULTI-DISCIPLINARY SERVICES
Michael Baker has over 90 offices and 3,000
employees worldwide and offers a full
con�nuum of innova�ve solu�ons in
engineering, planning, survey, architectural,
environmental, construc�on, program
management and life cycle support, as well as
informa�on technology and communica�ons
services. The company provides
comprehensive services in support of federal,
state, and municipal governments.
EXTENSIVE PUBLIC WORKS
EXPERIENCE
Working in Southern California for
over 80 years suppor�ng our
communi�es, Michael Baker is a
leader in engineering, consul�ng,
planning, technical, and
professional services with a local
focus and global exper�se.
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City of Indio
Page Two
SUMMARY OF QUALIFICATIONS
The Michael Baker Team brings elevated value to the City and efficiency to each task by emphasizing the consultant-client partnership and employing a complete-picture perspec�ve. By serving as seamless extension of staff to the City, we encourage con�nuous communica�on, enhance coordina�on and serve as stewards of the City’s interests and objec�ves.
By convening the experience of our in-house engineers, environmental specialists, surveyors and construc�on management professionals, we can develop innova�ve solu�ons that consider the en�re arc of a project, mi�gate risk, save money and expedite delivery. In addi�on, we offer the City the following benefits:
• Current & Past Experience with the City | Michael Baker has provided services for numerous projects in the City of Indio, ensuring our understanding of local needs and City policies, procedures, and design standards. • Excep�onally Qualified Leader | Contract Manager/Main Point of Contact, John Duquete, brings over 30 years of experience spanning all aspects of survey/mapping for a wide variety of public works and private development projects. As Manager of this contract, John has served as the City Surveyor for mul�ple agencies, during which he has gained invaluable experience working with City officials and managing public expecta�ons. John brings unique experience and understands the approval process from a local agency's point of view, an experience that few consultants have.
• Rapid Response Times | With a robust capacity of more than 500 California professionals (na�onally 3,000+), Michael Baker has the resources and capacity to provide the City with con�nuous undisrupted service while performing mul�ple complex projects simultaneously. Our staff knows how to meet demanding project schedules by pooling our resources from qualified staff throughout the region, to provide our clients responsive, insigh�ul service and on-�me performance.
• Experience Providing Services for Mul�ple On-Call Contracts across Southern California | With 84 years in the planning and design services business, Michael Baker has held hundreds of on-call contracts with local agencies throughout Southern California. Our team understands that on-call assignments can vary in size and scope and o�en have �me-cri�cal schedules. Our in-house team can provide the services needed quickly to provide efficient, highquality services. • Mul�-Discipline Capabili�es & Depth of In-House Resources | Michael Baker team members provide a diverse range of experience in each of the disciplines required for this contract. Michael Baker can u�lize the staff resources and skill sets of other offices within the firm as needed to support tasks or projects that may have compressed �melines.
With this deep bench of resources, Michael Baker can provide the City with flexibility, quick response �mes, and the proven ability to modify any course of ac�on to accommodate changing project needs. • Fully Commited Team | Michael Baker is commited to providing the City the full-service resources available through a large firm combined with the high quality and personal aten�on expected of a regionally focused company. Our local knowledge, par�cipa�on in community associa�ons, and history providing professional services throughout Southern California gives us a dis�nct edge to serving the City in an effec�ve manner. • A Reputa�on for Being Good Neighbors | Because we specialize in public works projects, we constantly interface with community groups, residents, and business and property owners throughout Southern California. We will work with the City to efficiently address stakeholder concerns; to publicize the projects impac�ng their neighborhoods, and that their opinions are considered.
• Capability and Commitment to Deliver | The Michael Baker Team has the capacity required to staff and successfully deliver projects under this contract. Throughout the past four years, Michael Baker has made significant investments in technology that have allowed our team to seamlessly work without barriers due to loca�on.
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City of Indio
Page Three
Excep�ons
Sec�on 9. Standard of Performance. Consultant represents and warrants that it has the qualifica�ons, experience and facili�es necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all �mes faithfully, competently and to the best of its ability, experience and talent, perform all Services. In mee�ng its obliga�ons under this Agreement, Consultant shall...
Explana�on: Michael Baker will meet the common-law standard of care, but cannot agree any performance will be the “best” or will otherwise exceed the common-law standards.
Sec�on 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 interest of City or Consultant’s obliga�ons under this agreement, 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 writen consent of the City Manager. Consultant agrees to at all �mes avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City Consultant’s obliga�ons hereunder in the performance of this Agreement.
Explana�on: Michael Baker can agree that there will be no conflict with the services but cannot agree not to conflict with the City’s interests as a whole.
Sec�on 15. Confiden�al Informa�on; Release of Informa�on. (c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any informa�on or work product in viola�on of this Agreement, then City shall have the right to reimbursement and indemnify from Consultant for any damages, costs and fees, including atorney’s fees, caused by or incurred as a result of Consultant’s conduct any remedies available to City under applicable law.
Explana�on: Any claims would need to be setled via dispute resolu�on procedures prior to MBI accep�ng liability or being required to pay any damages for such claims.
Sec�on 16. Indemnifica�on. INDEMNIFICATION BY CONSULTANT. To the fullest extent permited 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, and representa�ves and agents (“Indemnified Par�es”) from and against any and all third party claims, ac�ons and proceedings (whether at law or equity, administra�ve or judicial), demands, orders, judgments, direct losses, injuries (including, without limita�on, injury to or death of an employee of Consultant or subconsultants), liabili�es of every kind (including, without limita�on, incidental and consequen�al damages, court costs, and li�ga�on expenses, and fees of expert consultants or expert witnesses incurred in connec�on therewith and cost of inves�ga�on), direct damages, costs and expenses, including reasonable atorney’s fees and costs, (collec�vely "Claims") to the extent that such arise directly out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or any negligent act, error, or omission by Consultant in Consultant’s performance of Services by Consultant under this Agreement, its officers, agents, employees, representa�ves, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control for whom Consultant is legally liable. Consultant’s duty to indemnify the , protect, defend and hold harmless Indemnified Par�es, shall not include any Claims to the extent arising from the sole negligence or willful misconduct or other fault or wrongdoing of the Indemnified Par�es. In no event shall Consultant’s total liability for indemnity under this Sec�on exceed Consultant’s pro-rata share of all fault causing any injury or loss.
Explana�on: The difference between “protect” and “indemnify” is unclear, Please provide explana�on or remove.
Duty to defend is uninsurable.
Hold harmless carries connota�ons that may not be insurable. “agents” is a broad term that should be beter defined or removed.
Indemnifica�on is intended for third party claims only; any disputes between City and Michael Baker would be setled via standard dispute resolu�on procedures.
Michael Baker can only agree to be liable to the extent of its direct negligence.
CA law limits professional services providers' indemnifica�on to negligence only.
Michael Baker cannot be liable for any of City's ac�ons that lead to a clam, whether such are whole, par�al, or contributory.
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City of Indio
Page Four
Sec�on 17. Insurance. ...These requirements are subject to amendment or waiver if so approved in wri�ng by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
Explana�on: Michael Baker does not provide insurance policiesto outside firms due to security and confiden�ality concerns.
We will provide the widely accepted Standard Acord insurance cer�ficate with proper endorsements provided by our carriers.
Sec�on 21. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obliga�on or duty to con�nue compensa�ng Consultant for any work performed a�er the date of default. Instead, the City may shall give no�ce to Consultant of the default and the reasons for the default. The no�ce shall include the �meframe in which Consultant may cure the default. This �meframe is presump�vely thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of �me that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. Pay all undisputed amounts owed to Consultant. In the alterna�ve, the City may, in its sole discre�on, 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 Sec�on 20 “Termina�on of Agreement.” Any failure on the part of the City to give no�ce 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.
Explana�on: City would be obligated to pay all undisputed amounts regardless of default. There should be a guaranteed minimum cure period.
Sec�on 35. Time of Essence. Time is of the essence for each and every provision of this Agreement.
Explana�on: Time is of the essence may conflict with the Standard of Performance.
We look forward to con�nuing our dedica�on and support of the City, and we are fully commited to assis�ng the City with its con�nued success as, “the City of Festivals."
Respec�ully submited,
MICHAEL BAKER INTERNATIONAL
Christopher Alberts, PLS John Duquete, PLS
Vice President/Project Director Project Manager/Senior Associate
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TABLE OF CONTENTS
1. Cover Leter.............................................................................................................................................................................. 1
2. Statement of Qualifica�ons.................................................................................................................................................... 6 Firm Background............................................................................................................................................................... 6 Project Team Introduc�on ............................................................................................................................................... 6 Organiza�on Chart............................................................................................................................................................7 Team Qualifica�ons Matrix ..............................................................................................................................................7 Conflict of Interest Statement ......................................................................................................................................... 8 References......................................................................................................................................................................... 9 An�cipated Subconsultants...........................................................................................................................................12
3. Scope of Work........................................................................................................................................................................13 Quality, Schedule, and Cost Control Procedures and Policies.....................................................................................16 Schedule Management..................................................................................................................................................16 Cost Control ....................................................................................................................................................................17 Workload, Facili�es and Resources...............................................................................................................................17 Knowledge of Technical and Func�onal Needs............................................................................................................17 Commitment to Provide Needed Resources................................................................................................................17 Commitment to Quality Control....................................................................................................................................17 Understanding and Approach........................................................................................................................................18 Approach to Task Order Execu�on................................................................................................................................19 Implementa�on Plan Considera�ons............................................................................................................................19 Sample Project Timeiline / Task Order Process Flow Chart.........................................................................................20 Appendix
Key Project Team Resumes...................................................................................................................................................21 B. Cost Proposal .......................................................................................................................Submitted under separate cover.
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2. STATEMENT OF QUALIFICATIONS
Firm Background
Michael Baker Interna�onal, Inc. (Michael Baker) was founded in 1940 as a civil engineering and surveying. Today, Michael Baker is recognized as a leading global provider of engineering and consul�ng services, which include traffic & ITS, planning, architectural, environmental, construc�on, program
management, and full life-cycle support services. Our firm provides its comprehensive range of services and solu�ons in support of a wide range of clients. Leveraging our collec�ve exper�se and experience we strive to make them safer, more accessible, more environmentally sustainable and more livable.
We are change agents, leading our partners around the world into the future. Our greatest differen�ator, though, is our employees who demonstrate a world-class ability to solve complex problems. We reward innova�on and collabora�on that leads to the best solu�ons for our clients.
Michael Baker has a strong California presence with over 575 employees in 12 office loca�ons throughout the state.
Project Team Introduc�on
Michael Baker will manage this contract from our Palm Desert office with support coming from the region. Mr. John Duquete, PLS, will act as the City’s Contract Manager and will be the primary point of contact for day-to-day work with the City; however, as shown in the organiza�on chart Mr. Duquete will have addi�onal staff assigned to the City of Indio to serve on task order assignments and provide addi�onal resources.
Many of the key team members assigned to this On-Call have experience working with or in the City of Indio adding value through their knowledge of and familiarity with the City’s policies. Our team offers the exper�se and resources to support contract task orders using our in-house staff.
Knowledge, experience, and responsiveness are key elements of a strong team needed to meet and exceed the City’s goals and expecta�ons. Mr. Duquete has served in the role as lead for on-call contracts with municipali�es, both from the private side as well as the public side for over 30 years. His ability to leverage his public and private experience is a benefit to the City, as he is able to draw upon experience from both sides of the table.
John Duquete, PLS
Senior Associate
Professional Land Surveyor, 7566
Thirtyfour years of municipal experience, both
private and public
Diverse Public Works background
True “extension of staff” approach
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Organiza�on Chart
Team Qualifica�ons Matrix
Staff / Role Yrs of
Exp
Educa�on
MANAGEMENT TEAM
John Duquete
Project Manager
Mapping Lead
34 A.S., 1996, Surveying and Mapping, Santa Ana College Licenses/Cer�fica�ons
Professional Land Surveyor, CA, 1999, 7566
Christopher Alberts
Project Director
28 Coursework, San Jacinto College
Licenses/Cer�fica�ons
Professional Land Surveyor, CA, 2008, 8508
Steve Slocum
QA/QC Manager
22 Certificate, 2004, Land Surveying, Santiago Canyon College B.A., 2023, Management, Azusa Pacific University
Licenses/Certifications
Professional Land Surveyor, CA, 2013, 9044
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Staff / Role Yrs of
Exp
Educa�on
PROJECT TEAM (Alphabetically)
Connie Barrett
Mapping
33 B.S., Surveying and Mapping, CU GKD
Licenses/Certifications
Professional Land Surveyor, 2021, CA, 9646
Steven Chi
Survey
37 Licenses/Certifications
Professional Land Surveyor, CA, 2010, 8860
Gina Ciampaglia
Survey
40 B.A., 1980, Physical Education, University of Northern CO Licenses/Certifications
Professional Land Surveyor, CA, 1992, 6763
Kyle Eubanks
Quantities/Cost Estimates,
R/W & Utility Coordination
43 LEED Accredited Professional, California, 2009
Jessie Fields
Survey
14 Licenses/Certifications
Certified Party Chief, CA, JAC Local 12
Cory Haukka
Survey
UAS, Mobile LiDAR
9 Licenses/Certifications
Professional Land Surveyor, CA, 2021, 9643
Transportation Worker ID Credential
Rick Hendrickson
GIS
27 B.A., 1998, Environmental Studies, University of California, Santa Barbara Licenses/Certifications
Certified GIS Professional, 52598
Kevin MacDonald
Mapping
29 B.S., Civil Engineering, Geospatial Opt, CalPoly Pomona Licenses/Certifications
Professional Land Surveyor, CA, 2008, 8431
Daniel Marquez
Mapping
6 Coursework, Land Surveying, Santiago Canyon College
Licenses/Certifications
Land Surveyor In Training, CA, 2021, 8933
Tim McKinney
UAS, Mobile LiDAR
11 B.A., 2012, Philosophy, Biola University
Licenses/Certifications
Professional Land Surveyor, CA, 2022, 9673
Robert Ollerton
Mapping
38 Coursework, Geomatics/Land Surveying, Mt San Jacinto CC Licenses/Certifications
Professional Land Surveyor, CA, 2001, 7731
Danielle Pel�er
NPDES/SWPPP/WQMP,
Drainage analysis/Hydrology,
R/W & Utility Coordination
5 B.S., 2020, Environmental Engineering, University of California, Riverside Licenses/Cer�fica�ons
Engineer-In-Training, CA, 2020
Tony Rai
Mapping
40 Coursework, Surveying & Mapping, Santiago Canyon College Paul Schell
Survey
39 Licenses/Certifications
Professional Land Surveyor, CA, 1994, 7120
Conflict of Interest Statement
Michael Baker has no poten�al conflicts of interest with the City of Indio.
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References
Engineering and Surveying On-Call | Palm Desert, California Client Name
City of Palm Desert
Contact
Ryan Gayler
Phone
760-346-0611 Ext. 393
E-Mail
[email protected]
Michael Baker provided on-call City Engineer services over both the Public Works/CIP Divisions and Land Development Division of the Engineering Department. Work included the review of Engineering Plans for developments within the City, as well as oversight and administra�on of the City’s current Capital Improvement Projects such as the CVAG’s CV Link Project. Steven La�no, PE, TE, regularly interacted and represented the city with the Public at large and atended mee�ngs with the city’s various commitees and City Council.
Michael Baker has been the Ac�ng City Surveyor since 2015. The work includes QC for internal documents, reviewing documents for compliance with the laws and codes that govern surveying prac�ces, and sugges�ng correc�ons to submi�ng professionals on subdivision maps, legal descrip�ons, parcel map waivers, and other documents. This also includes suppor�ng survey or mapping documents submited to the City for compliance with the Subdivision Map Act, the Professional Land Surveyors Act and City Ordinances.
Michael Baker has provided On-Call En�tlement Review and Plan Checking support for new development in the city. Our team regularly met with the Engineering and Planning Departments to coordinate and review new developments and assists staff as necessary in mee�ngs with the Development Community. Our plan reviews included both on-site and offsite improvements as well as NPDES. In addi�on, our team provided the review and approval of the City’s various capital projects.
On-Call Land Surveying | Riverside County, California
Client Name
Riverside County
Contact
David McMillan, PLS
Phone
951-955-6723
E-Mail
[email protected]
Dates Provided: 2019 - 2024
Michael Baker provided on-call land surveying efforts that include map checking for compliance to the Professional Land Surveyors Act, and the Subdivision map Act, and the County Manual. Other task orders included right-of-way engineering, boundary surveys and preparation of legal descriptions and accompanying exhibits. The work includes records research, technical review and recommendation of approval of Records of Surveys, Tract Maps, and Parcel Maps.
On-Call Land Surveying Map Review Services | San Bernardino County, California Client Name
County of San Bernardino
Department of Public Works
Contact
Tom Herrin, PLS
Phone
909-387-8149
E-Mail
[email protected]
Dates Provided: 2023 - 2024
Due to staffing and high workload issues, the County of San Bernardino was seeking an outside consultant with land surveying exper�se in map review to assist. Michael Baker was selected to provide map review assistance with review of Records of Survey in accordance with the requirements of the California Professional Land Surveyors Act, u�lizing the County’s Map Review Checklist, and current CEAC Guide to Prepara�on of Corner Records and Records of Survey as a guideline.
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On-Call Land Surveying Services | Los Angeles County, California Client Name
Los Angeles County
Department of Public Works
Contact
Bryan Mundia
Phone
626-458-5100
E-Mail
[email protected]
Dates Provided: 2013 –
2024
Michael Baker is providing on-call land surveying services to the County of Los Angeles on a task-order basis. Project services have included aerial mapping, Mobile and Sta�c LiDAR mapping, project control, street alignment determina�on, record of survey, ground topography, bathymetric surveys, monument �es, and right-of-way (ROW) services.
South Whi�er Community Bikeway Access Improvements. Michael Baker provided the County of Los Angeles Public Works Department with aerial mapping, ground topography, street alignment determina�on, record of survey, monument �es, and corner records for Ceres Ave., Leland Ave., Leffingwell Rd., and Valley View Ave. in the city of Whi�er. This survey entailed approximately 26,000 feet of streets, 54 street intersec�ons and centerline monuments, seven bulb intersec�ons, and ADA ramps.
East Rancho Dominguez Street-Compton Boulevard Improvements. For this project, Michael Baker provided project control, ground topography, street alignment determina�on, record of survey, monument �es, corner records and project report for Alondra Blvd., Atlan�c Ave., Compton Blvd., & Rosecrans Ave. in the city of Whi�er. The project limits encompassed ROW and 20 feet beyond ROW at each driveway. Michael Baker located fences, walls, catch basins, and connector pipe invests and dipped all sewer and storm drain manholes. It also surveyed all intersec�ons 50 feet beyond ROW. The survey was a mix of commercial and residen�al areas and totaled approximately 15,800 feet of streets and 37 intersec�ons.
Avocado Heights-San Jose Hills-Valley Boulevard Improvements. Michael Baker provided the County of Los Angeles Public Works Department with project control, mobile LiDAR mapping, ground topography, street alignment determina�on, record of survey, monument �es, corner records and project report for three sec�ons of Valley Blvd. east of the S.R. 605 freeway in the city of Industry. The complete topographic survey limits entail edge of guter to edge of guter and include cross sec�ons at 50-foot intervals, plus grade breaks and horizontal geometry points. Data capture included all exis�ng improvements, u�li�es, and culture; lane striping; enough detail at all street intersec�ons within the project limits for ADA curb-ramp compliance verifica�on and design.
Avenue K Transmission Main, Phase III. Michael Baker provided project control, ground and aerial topography, street alignment determina�on, record of survey, monument �es, corner records, and project report for a water transmission pipeline in Avenue K in the city of Lancaster. Michael Baker located fences, walls, catch basins, u�li�es, and connector pipe invests and dipped all sewer and storm drain manholes. Both phases totaled two miles of an arterial highway.
In addi�on, Michael Baker provided aerial topographic mapping every year for the following flood control basins, reservoirs, and dams: Devil’s Gate Dam & Reservoir, Devil’s Gate Manning Pit, Pacoima Reservoir Restora�on Project, Big Tujunga Dam & Reservoir, Pacoima Spreading Grounds, San Dimas Spreading Grounds, Baldwin Lake & Tule Pond, and San Dimas Dam.
On-Call Professional Land Surveying Services | Long Beach, California Client Name
Port of Long Beach
Contact
Kimberley Holtz, PG, PLS
Phone
562-283-7271
E-Mail
Michael Baker provided on-call survey support for the Port of Long Beach since 2014.
Services ranged from providing technical support and survey personnel, maintaining complete and accurate survey notes and records, and providing all related survey services that are under the direct supervision of a fully qualified California Registered Land Surveyor.
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[email protected]
Dates Provided: 2014 – OnGoing
Port of Long Beach - Pier "G" occupies approximately 258 acres of space within the Port of Long Beach facility. It includes four berths, a total of 5,258 feet of wharf with water depths ranging from 42 feet to 52 feet, a container storage area of approximately 18,200 containers, an on-dock rail yard, and gantry cranes with capacities ranging from 30 tons to 60 tons.
Michael Baker Surveyors were asked to provide topographic mapping services for three areas within Pier "G" in support of the South Rail Yard Renovation. Michael Baker used existing Port Horizontal and Vertical control as the basis for this topographic mapping project. Within the three areas approximately 25,500 feet of rail line, 2,100 feet of fencing, 650,000 square feet of pavement surface, and more than 750 feet of the underside of a bridge was surveyed.
Conventional total station observations were collected using Port of Long Beach feature and connectivity coding. Static LiDAR scans were digitally collected using the latest Leica P40 scanner and processed using Leica Cyclone software. Bridge clearances were calculated based on scanning and conventional surveys. All survey and scan data was mapped using the Port of Long Beach Seed files, levels, and line styles. Text annotation was created following Port CADD standards.
General Engineering, Survey and Environmental Services | Temecula, California Client
City of Temecula
Contact
Pat Thomas
Phone
951-694-6411
E-Mail
patrick.thomas@
temeculaca.gov
Dates Provided: 2005 - 2021
Michael Baker is currently contracted with the City of Temecula and has successfully delivered multiple Engineering, Survey and Environmental projects for the City of Temecula over the 5-year period between 2016-2021. Projects have been performed under a Master Agreement for Engineering, Survey and Environmental Services and stand-alone agreements. Projects include:
• Civic Center - Old Town Sidewalks
• Pechanga Parkway Widening
• Ynez Road Improvements
• Ynez Road Sidewalk Project
• Park and Ride Phase I
• Park and Ride Phase II
• Wabash Park and Ride
• Temecula Bike Pump Track
• Enhanced Landscaping
• Temecula Creek Inn EIR
On-Call Survey Services / Orange County, CA
Client
Orange County Sanitation
District
Contact
Hardat Khublall
Phone
714-593-7377
E-Mail
[email protected]
Dates Provided: 2014 - 2016
Michael Baker, under an on-call contract, provided surveying and mapping services for multiple projects on a task order basis.
The projects included easement mapping, design level topographic mapping, preliminary and construction alignment staking, bulkhead certification surveys, and pit layouts for tunnels and pipe casing. All field projects were completed using two-man survey crews, supported by office staff who reviewed and performed quality checks on CADD data before project was staked.
Task orders included:
• Quitclaim Analysis of Santa Ana River Interceptor (SARI) Easements – deliverables included quitclaim easement legal descriptions and exhibits.
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• Santa Ana Sewer Rehabilitation Surveys – provided pit construction stakes for pipe casing and tunneling (jack and bore).
• Newport Force Main Rehabilitation Surveys – provided pit location surveys, horizontal and vertical control in the pits, and pipeline heading checks for a jack and bore. Emergency surveys were performed to locate misaligned tunnel boring machine. The surveyor were on the job with a 4-hour advance notice. • Landscaping Improvement Surveys along Ellis Avenue to establish the right-of-way at the sanitation district Plant 1.
• Easement Evaluation – compared plotted parcel mapping of easement with recorded easement documents.
• Primary Clarifier Staking – performed control, construction, and certification surveys.
Specifically, clarifier top was certified to 0.003 feet of design plan specifications. • Regio Avenue Easement Description – surveyed parking lot and prepared easement exhibits for access easement to district facilities.
• Easement Analysis – evaluated District storm drain easements with the locations of existing facilities along S.R. 22 and prepared easement documents for quitclaiming those easements that fall outside facility limits.
• 15th Street Pump Station - topographic survey of bolt pattern of pipe flange with pump house. Delivered 3D model of pipe, bolt pattern, and flange.
Michael Baker has a long-standing relationship with the client, including professional surveying services for on-call task orders and project-based contracts.
An�cipated Subconsultants
When the project dictates the use of a specialized service not provided by Michael Baker’s in-house team, we u�lize the services of subconsultants that provide:
• Potholing / U�lity Loca�ng
• U�lity Reloca�on
• Right of Way Appraisal
• Geotechnical Services
If a released task order requires the use of a subconsultant, their Firm informa�on will be provided with the Task Order Bid.
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3. SCOPE OF WORK
Following are typical approaches to various tasks. A more defined Scope/Approach will be prepared for each Task Order issued by the City.
Surveying and Mapping Control | Michael Baker will perform field surveys to locate, measure and mark controlling monuments and benchmarks to establish geode�c control values for the iden�fied project. These values are constrained to a published datum as iden�fied in the task order or as specified to match exis�ng site condi�ons.
All collected field data will be downloaded and processed through Trimble Business Center and entered in a Star-Net network for least squares adjustment, which allows for project sta�s�cal repor�ng. Broadcast data from surrounding CORS sta�ons (Con�nuously Opera�ng Reference Sta�ons) will also be downloaded and incorporated into the network adjustment. The adjustment will constrain values to the 2011 Epoch of California State Plane coordinates in Zone 6 on the North American Horizontal Datum of 1983 (NAD83) and the basis for ver�cal control shall be North American Ver�cal Datum of 1988 (NAVD88), unless specified otherwise.
All of our local survey crews and office staff are experienced in small and large networks in the Inland Empire. Survey Control values can be delivered in mul�ple formats, shape files, ASCII coordinate lis�ngs, CAD files, xml files, etc. to provide for seamless import to various computer programs.
Aerial Topographic Mapping/Photogrammetry | Michael Baker will prepare topographic maps using a workflow that involves Licensed Land Surveyors at every step, which includes:
Prepara�on of a flight plan and layout of ground control targets Field surveying services to set ground control panels and survey their precise posi�ons on the appropriate coordinate system basis Establish horizontal and ver�cal geode�c control on appropriate published datum Aerial photogrammetric and triangula�on services
Compila�on of planimetric and topographic features to digital medium Comple�on of field survey check profile observa�ons and office analysis of said observa�ons to check ground truth of the compiled map.
Michael Baker u�lizes the latest technology for photogrammetric mapping, image analysis and remote sensing. Services provided include:
Aerial Photography
Analy�cal Bridging
Topographic Mapping
Digital Terrain Models
Ortho-Rec�fied Imagery
Light Detec�on and Ranging (LiDAR)
We take advantage of modern technology from photographic instrumenta�on to gather data, process the data within GIS and graphics computer systems and translate the data to usable form for review by engineers and planners. Our Registered Photogrammetry staff has extensive experience in surveying, remote sensing and analy�c photogrammetry.
Construc�on Staking and Layout | Michael Baker will provide line and grade stakes to facilitate the construc�on of the fixed works on public works projects, working on a task order or work request basis from the City representa�ve. The Survey Party Chief will prepare a survey report and cut sheets daily and email them to the appropriate persons at the end of each workday.
Michael Baker’s Data Controller can upload digital construc�on plans for use in laying out fixed works. This minimizes the use of office preconstruc�on calcula�ons.
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Our field crews will provide construc�on staking services in order to translate design informa�on into the construc�on environment to allow for accurate construc�on. We will mark grade lines, sta�ons, eleva�ons, grade breaks, top and toe of slope and u�lity centerlines as necessary for construc�on. All construc�on staking for roadways, pipelines, structures, or jacking / receiving pits on construc�on staking projects will be performed per City or Caltrans standards with regards to rela�ve loca�on accuracy.
Monument Ties, Replacement and Corner Record Prepara�on | Michael Baker will perform a field survey to verify, set or and / or measure sufficient reference �e accessory points and / or monuments to each loca�on of centerline or right of way control that may be destroyed during the construc�on of the project, as required under Sec�on 8771 of the Professional Land Surveyor Act. Michael Baker shall use other physical monuments or their accessories if prac�cal to the loca�on. Upon comple�on of ini�al field work, Michael Baker shall prepare and submit Pre-Construc�on Corner Records to the County Surveyors Office, if applicable to the specific task item.
A�er comple�on of construc�on, reconstruc�on or maintenance, Michael Baker will replace any disturbed or destroyed monuments or their accessories as required under said Sec�on 8773.3 of the P.L.S. Act and submit a final Corner Record to the County Surveyors Office for filing as a public record, said final Corner Record document showing the monument(s) or its accessories destroyed, �ed out and replaced.
Copies of all documents submited to the County will be provided to the City.
Mapping | Michael Baker provides mapping and boundary services for the full range of projects within the survey profession.
All boundary analysis, legal descrip�ons, parcel maps, tract maps, ALTA / ACSM surveys, records of survey and corner records are prepared by or under the direc�on of Michael Baker’s registered professional land surveyors. Specific mapping services provided by Michael Baker include:
Map Checking
ALTA Maps / ACSM Land Title Surveys
Boundary Survey Analysis
Corner Records
Digital Submissions of Maps
Parcel Maps
Final Maps
Legal Descrip�ons and Exhibits
Lot Line Adjustments
Records of Survey
Right of Way Engineering | Many of Michael Baker's recently completed projects have established the firm as a key provider of right of way engineering and land surveying services. Michael Baker has extensive experience in assembling right of way, topographic and u�lity informa�on into a digital map database. Our work has included:
U�lity Research and Iden�fica�on
Legal Descrip�ons
Cadastral Surveying
GNSS Posi�oning
Digital Map Database
Horizontal and Ver�cal Control
3-D Data Acquisi�on | Michael Baker’s team was a pioneer and early adopter of LiDAR.
The firm is the most experienced, well-respected, proficient, well-travelled and ac�ve within the profession. Following Michael Baker’s acquisi�on of Mobile LiDAR technology nearly a decade ago (the second of its kind in the world), the firm’s Mobile LiDAR Team has successfully performed hundreds of projects throughout 24 different U.S. States. Beginning as a way to augment tradi�onal surveys, LiDAR quickly evolved into highly detailed, 3D surveys. We find ever increasing uses of terrestrial point-cloud data. We have used sta�onary LiDAR to map roof tops for the deployment of solar arrays. We have used it to map 3D scenes conver�ng point clouds to wire frames to 3D rendered objects. We have used mobile LiDAR to non-invasively map and iden�fy which structures are within a floodplain. Michael Baker was one of the first companies in the na�on to develop a mobile LiDAR capability and our unit has since racked up thousands of miles mapping roads, bridges, railroads, runways, levees and beaches.
Calibra�on collec�ons are performed to
ensure proper sensor configura�on,
alignment, orienta�on, and point densi�es
are achieved during field collec�ons.
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The company also specializes in the integra�on of maps with data visualiza�on. A map can tell a story and o�en the story is enhanced with integrated charts, graphs and other data visualiza�on techniques. Some of our work ends up in the halls of Congress to concisely explain complex spa�al data to the lay person.
Geographic Informa�on Systems (GIS) | Michael Baker has long been a leader in the field of computer aided design, dra�ing and engineering. Michael Baker also offers GIS consul�ng services to our public and private sector clients. In 1986, Michael Baker began to integrate state-of-the-art GIS so�ware to further expand the firm's informa�on management capabili�es from the areas of computer-aided engineering and computer-aided design and dra�ing into a modern, database driven geographic informa�on system.
Michael Baker's experience provides a clear understanding of the technologies required to create and manage informa�on, offering a comprehensive set of GIS services. As a full-service planning, design and construc�on firm, Michael Baker professionals correlate the informa�on required from many disciplines and providers to create a comprehensive database that is of most benefit to the end users. GIS capabili�es include:
Needs Assessment / Planning
Database Design
System Implementa�on
Data Conversion
LiveMap GIS
Web Site Development
Applica�on Development
Spa�al Analysis
Cartographic Mapping
Michael Baker owns and operates a GIS database, comprehensive workflow for ChangingLand.com©, a commercial land management data portal including all 12 million parcels in California.
Global Naviga�on Satellite System (GNSS) | For over 25 years, Michael Baker has incorporated advancements in GNSS technology into its produc�on effort. The combina�on of the speed and efficiency of GNSS with the founda�on of tradi�onal survey techniques provides our clients with high quality control at a reduced cost. Michael Baker is a recognized leader in GNSS surveying with specialized in-house experience, personnel, equipment and so�ware available to perform survey services of the highest quality. As leaders in the survey field, Michael Baker maintains state-of-the-art equipment and can perform under the �ghtest of schedules.
Our equipment includes the Trimble Geode�c Receivers and Real-Time-Kinema�c networks, matched with high-speed wireless internet communica�ons for the most advanced and precise posi�oning solu�on available today. Our light weight and versa�le GNSS receivers enables us to collect data directly into GIS applica�ons, layout clearing limits without cu�ng brush and locate wetlands points without the costly process of performing a tradi�onal survey traverse. Our private development work is incorpora�ng GNSS technology into everyday construc�on layout allowing us to be more compe��ve and efficient.
Unmanned Aircra� Systems for In-The-Field Photography/Mapping | Michael Baker was one of the first firms to receive authoriza�on to u�lize unmanned aircra� in the field to provide surveying, GIS / GIT, on-site photography, video and mapping services for projects sensi�ve to safety as well as accessibility. Though there are restric�ons based on areas regarding size, height, air spaces and pedestrians, it is an innova�ve approach to seeing the progress of the project in 360-degree view for weekly and monthly progress mee�ngs.
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Michael Baker will provide the City with fully qualified and experienced professional staff that will act in the best interest of the City. Our team is large and diverse enough to respond to any task order or cri�cal issue, but also flexible enough to quickly adjust to changing priori�es or needs. It can address any issue that might arise during the course of the contract term, allowing the City to have all of its resources available within our single, integrated team.
Our understanding and approach to responding to task order assignments includes:
Understanding the City’s Goals for Each Assigned Task
To be successful on any project, it is vital that the consultant understand the final product. We will meet with City staff to receive submital package(s) in person or electronically and learn what the cri�cal issues are for each task. We will understand the budget, schedule, and scope of work before planning the project so that we can begin to formulate a detailed scope of work and iden�fy cri�cal path issues.
Schedule, Scope, and Fee Development
Upon request of the City, our Project Manager, Mr. Duquete, will meet with City staff to determine the scope of services. Michael Baker will then prepare a detailed scope of work, fee es�mate, and schedule in compliance with City requirements. The scope, fee, and schedule will be submited to City staff for approval and no�ce-toproceed.
Progress
Updates According to the complexity of the assigned task, Mr. Duquete will provide rou�ne project updates at major milestones.
Project Budgets
In most cases, services will be provided lump sum or fee-not-to-exceed. Approved project costs will not exceed the contract amount without prior writen approval.
Coordina�on
We will be readily available to City staff, will coordinate review and regulatory agency approvals, and will schedule and administer project mee�ngs. We will keep the City apprised of work progress, schedule, and an�cipated review dates by means of phone calls, emails, or progress reports.
Deliverables
A key component independent of the QC process is to ensure the overall outcome is consistent with the City’s desired objec�ves. A thorough quality review of all project elements will take place to ensure these objec�ves are met.
Quality, Schedule, and Cost Control Procedures and Policies As part of our commitment to Quality Service, Michael Baker has an established QA/QC program that is implemented and appropriately scaled for each specific project, and each task order. It is structured to mi�gate issues with litle to no escala�on. This is ensured by building in quality at every step of the process, promo�ng preven�on rather than detec�on. Senior staff will conduct a formal independent project review at milestone stages. We will analyze all project documents clarity, schedule and cost control, errors and/or omissions and compliance with City requirements. Michael Baker understands that project quality is our responsibility.
Schedule Management
We understand the importance of mee�ng the deliverable deadlines, and our reputable team is dedicated to mee�ng each task order milestone for all assignments. Michael Baker has ample resources and uses state-of-the-art resource management
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so�ware to maintain schedule compliance. Corporate policy requires frequent upda�ng of staffing and workload projec�ons so tracking systems reflect the latest available informa�on. This allows our project teams to be supplemented from in-house resources to meet surges in workload or unexpected deadlines.
A dra� schedule will be provided at the kick-off mee�ng that illustrates the overall work breakdown structure and scope of work. The schedule will be a dynamic document, updated throughout the life of the project, and shared with the City as updates are made. It will also establish project milestones and cri�cal path elements as part of the overall context of the project.
Cost Control
Weighing any proposed improvements against the project’s purpose and needs while considering cost and longevity is cri�cal. Michael Baker looks for ways to provide addi�onal value and/or improvement opportuni�es without increasing the project costs with crea�ve but cost effec�ve and prac�cal solu�ons. Addi�onally, our Oracle-based ERP manages and control costs throughout the corpora�on.
This system enables us to compare actual project costs with nego�ated budgets as well as forecasted costs on a weekly basis. Our internal accoun�ng cost controls protect Michael Baker and our clients because it requires proper jus�fica�on and documenta�on prior to any project cost increase.
Workload, Facili�es and Resources
Michael Baker maintains a workload backlog sufficient to accommodate the City's On-Call needs. All professionals assigned to specific tasks will remain commited to its successful comple�on. If, due to illness or vaca�ons, a key professional is necessary to be replaced, the City will be no�fied in advance.
Knowledge of Technical and Func�onal Needs
Team members are selected for each task based on their specific specialty. With the broad depth of bench available to each discipline, the most qualified team members will be assigned with the necessary technical background to help ensure a completed project.
Commitment to Provide Needed Resources
Michael Baker is fully commited to assist the City in mee�ng its CIP project needs and is willing to supply the resources necessary to meet the demands of each task. Furthermore, Michael Baker understands the importance of keeping key members throughout the as needed contract and each individual task order. Michael Baker is commited to maintaining key members including the Project Manager, Project Principal, and Quality Assurance/Quality Control (QA/QC) Manager. These key individuals will not be replaced or changed without writen approval from the City.
Commitment to Quality Control
Throughout each assignment, Survey Chiefs will work directly with John to implement our in-house Quality Assurance/Quality Control Program. This process emphasizes quality control as a con�nuous process used at milestones and on a daily basis as work proceeds throughout each assignment. By assigning control of the QA/QC process to a collabora�ve effort between Contract and Task Order Manager, we do our best to ensure each element of each task order is held to a consistent and singularly quality standard.
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QA/QC is the cornerstone of our project management approach and is implemented through our in-house program based on the American Society of Civil Engineers Manual of Professional Prac�ce “Quality in the Constructed Project”, and “The Michael Baker Way” QC program, as developed and instructed internally at our Michael Baker University. Our quality assurance begins with developing a close and con�nuous line of communica�on between our team and the City. Under our protocol we keep an organized directory of all project related communica�on, documents, images, data, and plan sets, which allows us to respond quickly to requests.
Projects will be evaluated by our internal peer review team – an approach to innova�on and internal educa�on that is implemented on every project, with no charge to the contract. Our peer review panel consists of in-house professionals apart from the design team: engineers that perform plan checking for public agencies, construc�on management for constructability reviews, hydraulic engineers, traffic engineers, and environmental specialists. This peer review will be u�lized to ensure that the design documents are clear, concise and comprehensive, and most importantly, will result in mee�ng the objec�ves of the City.
Our Task Managers specialize in their specific fields and are excep�onal at performing detailed constructability reviews. They understand the design and construc�on elements and con�nually track the local costs of materials and labor to provide accurate construc�on cost es�mates that the City can confidently use for budge�ng and funding.
Understanding and Approach
PROPOSED STRATEGY
Michael Baker has proven experience in developing prac�cal and costeffec�ve solu�ons in all areas of general civil project planning and engineering services. The firm has obtained mul�ple industry awards for technical excellence and ingenuity in the planning, design, and construc�on of roadways, highways, bridges, drainage, flood control and water resources facili�es. Michael Baker u�lizes a mul�-discipline team approach and state-of-the-art technology to serve our clients.
Michael Baker has completed numerous public works projects throughout Southern California that required specialized exper�se in roadway, surveying, traffic, environmental planning and engineering, water resources, flood control and storm water management, water quality, structural engineering, landscaping, right-of-way engineering, land surveying, and construc�on management. The firm is a global leader in the engineering field and provides a wide array of professional services ranging from feasibility analysis to conceptual planning to final design and construc�on management services.
Michael Baker is commited to providing the City the full-service resources available through a large firm combined with the high quality and personal aten�on expected of a regionally focused company. Our local knowledge, par�cipa�on in community associa�ons, and history providing professional services throughout Southern California gives us a dis�nct edge to serving the City in an effec�ve manner.
Michael Baker also understands that Project demands can fluctuate resul�ng in addi�onal or reduced deployment of staff.
Michael Baker addresses this concern by having mul�ple staff members with a wide variety of experience and availability to meet the demands of a project. With our Southern California resources our staff have the exper�se and personnel to facilitate a large or small project depending on the needs of the project and the expecta�ons of our clients.
Michael Baker employs a variety of cost control and budget methodologies for our engineering, planning, environmental and surveying services. Michael Baker knows that having a clear and efficient cost control and budget methodology will be cri�cal for the City. For our services, prior to proposing a scope and fee, the Project Manager will coordinate with the City to discuss scope, expecta�ons, and available personnel. It is our goal not to just staff the project as necessary but to staff it with the most qualified and appropriate personnel available. We also understand the need to work as efficiently as possible, and we will take into account where forces are already being u�lized and create efficiencies where possible.
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Mobilizing appropriate staff quickly is essen�al to the smooth commencement and progress of assigned task orders. This requires a balanced management approach that emphasizes streamlined communica�on and quality control. To assist with fluid communica�on between the City and the Team, John Duquete will act as the Team’s primary point of contact to the City. John will evaluate each task order and, together with the City, iden�fy the appropriate personnel for each assignment.
John will then work closely with our proposed service area Leads (iden�fied on our organiza�onal Chart), who will manage individual assignments, clearly communicate assignments to their respec�ve teams, and coordinate the flow of work from desk to desk, discipline to discipline, through delivery.
Approach to Task Order Execu�on
It is very important to have a Representa�ve that understands how all of the aspects of a project interact, and who will maintain constant communica�on and coordina�on with the City as well as with all of the technical leads. Michael Baker has a system in place which is comprised of the following elements to keep the project/task order within schedule and budget.
The Michael Baker team understands that the scope verifica�on process is very important to ensure that project deliverables are formally accepted. This will be achieved through the use of a well-defined scope of work for the project and by having each team lead develop and agree to the scope. Michael Baker will define the deliverables for each task in the scope.
Implementa�on Plan Considera�ons
The implementa�on plan is unique for each task order. The scope of services presented in the RFQ is very diverse and requires aten�on to detail when execu�ng a task order as no two projects are exactly the same. Each task and project �meline is unique, and there are several considera�ons the team should take into account, which include (but are not limited) to the following:
• Funding constraints – Are there any constraints and deadlines imposed on the project that would jeopardize funding? • Public input – Is public outreach required? If so, the team will determine the appropriate level of outreach and tailor collateral specific to the type of outreach.
• Lines of communica�on – Understand who is point of contact from the City and their preferred method and frequency of communica�on.
• Guidelines and standards – Understand and confirm that the most current standards/guidelines/templates will be referenced.
• Team compila�on – Select a team that is best suited for each individual task order.
Each task order will have its own �meframe and deliverables. Clear communica�on is important during the task order scoping process so that a realis�c and appropriate �meline can be set. Once the �meline is established, the Project Manager and team will work diligently to maintain the project schedule throughout task order development. Some of the team’s keys to successful �me management include the following:
• Early stakeholder coordina�on
• Comment resolu�on mee�ngs
• Comment response matrices
• City reminders for upcoming review deadlines
• QC/QA constantly
• Monthly progress repor�ng
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Sample Project Timeline / Task Order Process Flow Chart
Call from Indio
Quick Response
Assemble Resources
Intake Data Gathering
Review
Scoping Mee�ng
• Include Stakeholders and
Others as needed
• Ask the Right Questions
• Identify Funding and
Schedule Constraints
• Identify Permit(s), Risk(s)
and Constraint(s)
• Brainstorm Approach and
Alternatives
Submit Proposal
Responsive Scope, Fee,
Schedule, and Resource
Commitment
Work for Concurrence on
Final Agreement
Kick Off
Cri�cal Path Tasks
(i.e. U�lity Coordina�on,
Survey, Permits, etc.)
Develop a Risk Table
Base Mapping
Topo, U�li�es, and Constraints
Pre-30% Deliverable Work
Field Truth
Survey and Preliminary Design
Focus on Poten�al Conflicts
Develop Deliverables
• Apply QA/QC Protocol
• Field Visits and Coordination
As Needed
• Peer Reviews, Biddability &
Constructability Reviews,
and Risk Analysis
ARE OBJECTIVES MET?
Formal Submitals
(Milestone)
Thorough Comment/Response
form distributed to Each
Stakeholder
Submital Mee�ng
With Indio Typically 1 Week
A�er Submitals with PM &
Stakeholders to Facilitate
Input
Support for Bid and
Construc�on and
Approvals As-Needed
Performance Evalua�on
Lessons Learned with a
Goal of Complete
Sa�sfac�on
DEVELOP PRELIMINARY AND FINAL DELIVERABLES IN LINE WITH
SCHEDULE (TIMEFRAMES VARY PER PROJECT)
Iden�fy Goals and Objec�ves – Keep in Mind Throughout
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APPENDIX
Following are brief summary bios of key personnel.
Christopher Alberts, PLS
Project Director
Mr. Alberts has combined consul�ng
experience in field and office opera�ons.
As an Office Execu�ve, Mr. Alberts
oversees the office environment and
employee engagement to develop and grow the prac�ce
and office capabili�es. He is responsible for office and discipline opera�ons, maintaining client rela�onships,
quality control of plans and deliverables, staff alloca�on, scheduling, and verifica�on of client sa�sfac�on. He is ac�ve on a number of professional state and local
associa�on boards and chairman of a professional prac�ce commitee serving three southern California coun�es.
Steve Slocum, PLS
QA/QC Manager
Mr. Slocum is a proven leader, innovator,
and project manager, with an extensive
array of skills gained through his 20 years
of progressive surveying experience. His
responsibili�es include managing sizable complex
surveying projects, crea�ng innova�ve solu�ons by building teams of experts from mul�ple office loca�ons to solve
clients' needs. He is a former president of the Orange
County Chapter of the California Land Surveyors
Associa�on.
Kevin MacDonald, PLS
Mapping
Mr. MacDonald is experienced in land
surveying, and as an officer surveyor, he
is responsible for all office related
survey documents and maps. His
experience includes ALTA surveys, boundary, topographic, subdivision, lot line adjustments, lot mergers and
easements. Mr. MacDonald is experienced in field
surveying which allows him to fully understand the
blending of office to field work and how they relate to land surveying.
Connie Barret, PLS
Mapping
Ms. Barret is a Professional Land
Surveyor with over three decades of
experience in Southern California's
construc�on industry in all opera�ons of
a land survey office. This includes: subdivision and
boundary mapping, right of way mapping, legal
descrip�ons, ALTA surveys, terrestrial and aerial
topographic mapping, GIS mapping, construc�on staking
calcula�ons, and volume calcula�ons. She is also
experienced in civil engineering design as it applies to grading, street, and u�lity improvements. Ms. Barret also has significant level of exper�se in 3D visualiza�ons.
Rick Hendrickson, GISP
GIS
Mr. Hendrickson specializes in GIS Web
Programming and Project Management.
He has experience working with and
managing Geographic Informa�on
Systems (GIS) projects for the u�lity industry,
municipali�es, and governmental agencies. He has
designed and developed web-based interac�ve project
viewers. Mr. Hendrickson has experience in crea�ng and
represen�ng data for online interac�ve maps u�lizing
ArcSDE and ArcGIS server so�ware. Mr. Hendrickson has a wide range of experience u�lizing various systems including AutoCAD, ArcGIS, ArcInfo, and Oracle, SQL Server, SDE,
Silverlight and other web technologies.
Kyle Eubanks
R/W & U�lity Coordina�on, Quan��es /
Cost Es�mates
Mr. Eubanks is experienced in civil
engineering in both the public and
private sectors. He has prepared designs
and specifica�ons of private and municipal engineering
projects. His areas of exper�se include sanitary sewer, water distribu�on and street design, including
reconstruc�on and rehabilita�on, storm drains, rough and precise grading design, and stormwater pollu�on
preven�on plans. Through the various work that Mr.
Eubanks performs, he is relied on to iden�fy u�lity and right of way impacts and coordinate them with the appropriate agencies.
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Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
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B. COST PROPOSAL
Note: The hourly rates shown above are subject to a five percent (5%) annual escala�on commencing January 1, 2025, and annually therea�er based on Michael Baker Interna�onal market adjustment protocol. Blueprin�ng, reproduc�on, messenger service, and other direct expenses will be charged as an addi�onal cost plus ten percent (10%). A Subconsultant Management Fee of ten-percent (10%) may be added to the direct cost of all sub-consultant services to provide for the cost of administra�on, subconsultant consulta�on and insurance. Vehicle mileage will be charged as an addi�onal cost at the IRS approved rate. Travel related expenses (airfare, hotel, and per diem) will be charged at direct cost. Over�me will be billed in accordance with Fair Labor Standards Act (FLSA) requirements.
Title 1/2024 – 1/2025
Senior Principal $350
Principal $325
Senior Project Manager $300
Project Manager $275
Task Leader $225 - $300
Senior Structural Engineer $275 - $305
Structural Engineer $225 - $275
Senior Planner $165 - $245
Electrical Engineer / Environmental Technical Lead $165 - $200 Project Engineer / Landscape Architect / Senior Environmental Specialist $150 - $200 Senior GIS Analyst $167
Project Planner / Environmental Specialist $135 - $175
Design Engineer / Senior Designer / Survey Analyst $135 - $175 GIS Analyst $161
Senior Environmental Analyst $150
Designer/Planner $125 - $150
Project Coordinator $125 - $150
Graphic Artist $117
Environmental Analyst / Staff Planner / Design Technician $120 - $145 Assistant Engineer / Planner $105 - $135
Permit Processor $102
Engineering Aid / Planning Aid $80 - $110
Office Support / Clerical $75 - $100
Survey Personnel
2-Person Survey Crew $340
1-Person Survey Crew $210
Licensed Surveyor $200-$250
Office Support $150 - $200
Other Direct Costs Rate
Mileage At IRS Allowable
Blueprinting, Reproduction, Postage/Overnight Delivery 10% Markup
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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
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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
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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.
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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.
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Agreement for Professional Services
with with NV5, Inc.
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Page | 1
PROFESSIONAL SERVICES AGREEMENT
FOR AS-NEEDED PROFESSIONAL LAND SURVEYING, MAPPING, & DRAFTING SERVICES BETWEEN THE CITY OF INDIO AND NV5, INC.
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 NV5, Inc., 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 land surveying, mapping, & drafting 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
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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.