Item 11 - Award of Professional Services Agreements - On-Call Professional Real Estate Appraisal Services

Agenda Item No.--Ji—1
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FROM: Fermin Preciado, Director of Development Services/City Engineerv.

Landon Kern; Assistant City Engineer?
Todd Gutjahr, Public Works Analys
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I -TOR: City Council Meeting of February 27, 2030
SUBJECT: Award of Professional Service Agreements — On -Call Professional Real Estate Appraisal Services
I a KKOJO 10 1 041m 0xv V rel
That City Council
the City Manager or his designee to administer the terms of the PSA with Integra Realty Resources of Encino, California, in the not -to -exceed amount of $190,000 for providing On -Call Professional Real Estate Appraisal Services for FY2022/2023 and FY2023/2024-, and
f. Award and authorize the Mayor to execute a PSA and the City Manager or his designee to administer the terms of the PSA with Bender Rosenthal, Inc. of Pasadena, California, in the not -to -exceed amount of $98,000 for providing On -Call Professional Real Estate Appraisal Services for FY2022/2023 and FY2023/2024.

The City's Capital Improvement Program (CIP) includes multiple public infrastructure projects and programs (Projects). Many of the Projects propose construction of public improvements on portions of properties not owned by the City, and therefore require the acquisition of real property and/or permanent easements in order to construct Projects and to maintain consistency with the City's General Plan. In accordance with applicable Federal/State/Local laws and policies/procedures, City staff and/or its authorized representatives/agents evaulate the property needs required to accommodate these Projects. This evaluation requires that staff and/or consultants perform property research, engineering, surveying, and real estate appraisals in order to define the limits of property needed to accommodate the Projects, and to determine the current market value(s) of such properties that can be used as the basis for the proposed acquisition of properties. The proposed firms, with their licensed staff, will assist staff in these efforts, and more specifically in preparing and completing required real estate appraisal services as required for various Projects. These professional services include but are not limited to producing appraisal reports for full or partial acquisitions, easements, temporary construction easements, leased or licensed properties, and the sale or disposition of excess/surplus properties. 117

City Council Meeting of February 27, 2023
Award of Professional Service Agreements — On -Call Professional Real Estate Appraisal Services

Page 2 of 2 ends

On January 10, 2023, the City accepted proposals after publicly advertising the request for qualifications/proposals for On -Call Professional Real Estate Appraisal Services for FY2022/2023 and FY2023/2024. The following three (3) firms submitted their qualifications and proposals for these services:

Office Location
M7_7`77er
Aosenthal, Inc.

Pasadena, CA
a
Granite Appraisal Group
. I
=_Integra
Realty Resources
Walmilms
Taking into consideration the firms' qualifications, previous project experience, and approach to the requested scope of work, three (3) staff members rated the submittals based on the City's administrative qualifications -based selection process. Two firms were deemed the most qualified to provide the services being requested. Staff is recommending the award of two-year contracts (with the right to extend the contracts for one additional two-year period, under the same terms and conditions as the original contract) for On -Call Professional Real Estate Appraisal Services to Integra Realty Resources in the amount of $190,000 and to Bender Rosenthal, Inc. in the amount of $98,000.

Staff has verified the references provided by Integra Realty Resources and Bender Rosenthal, Inc. and found that they have provided these services to other agencies in the past and their work was satisfactory.

FISCAL IMPACT:

The funding for these services is included in the approved project budgets listed in the adopted FY2022/2023 Budget/CIP for the projects identified in the attachment to this agenda report.

Attachments: List of Projects Requiring Professional Real Estate Appraisal Services in Fiscal Years 2022/2023-2023/2024
Professional Service Agreements for On -Call Professional Real Estate Appraisal Services
Approved by:
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Project Description
Estimated Appraisal
Costs
Estimated Construction
Cost
Upper Wildwood Creek Basin #4
$
12,000.00
$
3184,000
Intersections Along Avenue E, Bryant Street to 5th Street Ia) ` $
84,000.00
$
8,421,000
Yucaipa Blvd Improvements, 15th Streetto I-10 Freeway Yuc Blvd 18th to 1-10 f Yuc Blvd 16th to 17th) Ill $
108,000m
$
12,922,000:
5th Street Improvements, Yucai a Blvd to Avenue E 111
$
36,000.00
$
2,893,000
Yucaipa Blvd and Bryant Street Roundabout
$
24,000.00
$
753,000
General Appraisal Services
$
24,000.00
(1) Project being completed in phases
(2) Annual "Project/Program
* Includes consultant and staff -time costs.

Total
$
288,000
1 $
28,173,000
119

C1.1 N(w

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2023, ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and Integra Realty Resources — Los Angeles, a California Micro Business ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party." A. City issued a Request for Qualificationsy
"Request For Proposals/Qualifications To Provide On -
Services." The Consultant submitted a proposal dated JE B. Consultant represents that it is fully
its experience and the training, education, and exp(
C. City desires to retain Consultant
desires to serve City to perform these services in,
Agreement.

1. Consultant's Services.
al Real Estate Ap prais
onse to the RFP
its principals and employees.
pendent contractor, and Consultant
with the terms and conditions of this
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the "Services") to provide on -call professional real estate appraisal services. The selected consultants will assist staff in preparing and completing these required real estate appraisal services. These professional services include, but are not limited to producing appraisal reports for full or partial acquisitions, easements, temporary construction easements, leased or licensed properties, and the sale or disposition of excess/surplus properties, as attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties and any increase or decrease in compensation shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Beth B. Finestone, MAI, AL-GRS, FRICS, CRE, Managing Director (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.

C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

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D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

F. Compliance with Laws. Consultant shall comply
and local laws, ordinances, codes, regulations, and requirements G. Permits and Licenses. Consultant shall
term all necessary licenses, permits, and certificates re under this Agreement, including a business license.

2. Term of Agreement. The term of this
June 30, 2024, unless sooner terminated as pr(

3. Compensation.

A. Compensation. As fall cc
shall pay Consultant at the hourly rates set
Exhibit B. In no event shall Consul
Compensation") for such Services.

B. Expenses. Ci
Do •
V 17. " TIM. 11 ro I
•pes satisfactorily rendered, City
9 t 0 imuso han $1000 (the "Max*
Consultant for those actual and necessary
at shall reimbursable expenses collectively
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to Todd Gutjahr, City of Yucaipa, 34272 Yucaipa Blvd. Yucaipa, CA 92399. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City 99 121

shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Pa merit. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.

5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors 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 or with respect to any project or property located within the City. City may, 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, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. -3-
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C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes; and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant's covenants under this Section
termination of this Agreement.

7. Conflicts of Interest. Consultant and its of
subcontractors; if any, shall comply with all conflict of intei applicable to Consultant's Services under this Agreement, (Gov. Code § 81000, et seq.) and Government Code Secl
Agreement, Consultant may perform similar Services for
officers, employees, associates and subcontractors shall nc prior written approval, perform work for another person o currently performing work that would require Consultani associates or subcontractors to abstain from'a decision under of interest statute. Consultant shall incorporate a clause sul any subcontract that Consultant executes in connection with survive the expiration or
rs, employees; associates and
statutes of the State of California
including the Political Reform Act
on 1090. During the term of this
ther clients, but Consultant and its
without the City Representative's
entity for whom Consultant is not
or one of its officers, employees,
his Agreement pursuant to a conflict
;tantially similar to this Section into
he performance of this Agreement.
kIndemnification,r
FA
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings; expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with 0 123

such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed
identical to those in this Section from each and every
involved by, for, with or on behalf of Consultant i,
Consultant fails to obtain such indemnity obligations
indemnify, hold harmless and defend the IndemniteeE
law or in equity, whether actual, alleged or threatened, of, pertain to, or relate to the acts or omissions of Car servants, employees, subcontractors, materialmen, con
employees (or any entity or individual that Consultant
thereof) in the performance of this Agreement, inc
negligence, except for Liabilities arising from the so
Indemnitees as determined by court decision or by the
B, Insurance R
that it may possess against
of any insurance policy or
Section shall apply regar(
applicable to the Liabilitie
C. Survival
Section shall survive the
a
A. Mininit
• the term • this
follows..
agreements with provisions
or any other person or entity
i the performance of this Agreement. If
Consultant shall be fully responsible and
from and against any and all Liabilities at
which arise out of, are claimed to arise out
sultant's subcontractor, its officers, agents,
sultants or their officers, agents, servants or
s subcontractor shall bear the legal liability
.uding the Indemnitees' active or passive
le negligence or willful misconduct of the
Agreement of the Parties.
.imiting. City does not, and shall not, waive any rights se of the acceptance by City, or the deposit with City, I pursuant to this Agreement. The indemnities in this
or not any insurance policies are determined to be
penalty or interest asserted against City.
s indemnifications and obligations under this
or termination of this Agreement.

I Limits of Insurance. Consultant shall procure and at all times carry, maintain, and keep in full force and effect, insurance as 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

M
124

2) Automobile Liability- Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- *wned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
4) Professional Liability (Errors and Omissi(
Consultant's profession, with limit no less than $2,000,000 per aggregate. The Retroactive Date must be shown and must
the beginning of contract work. Insurance must be maintair provided for at least five (5) years after completion of the Co� or non -renewed, and not replaced with another claims -mad, prior to the Contract effective date, the Consultant must pu for a minimum of five (5) years after completion of contract requirements must be submitted to the City for review.
mugu2m. Naul mrar-1.2toofflorl
ffi� RU 0 vigil 11
Tne Me or we IC W,
.............

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the Ci
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non -Contributing. For any claims related to this Contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

E. Consultant's Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

K017
In,

F. Deductibles and Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

G. Cancellations or Modifications to Coverage. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

1. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 8 of this Agreement.

K. Broader Coverage/Higher Limits, If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

L. Subcontractor Insurance Requirements. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

M. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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126

10. Mutual Cooperation.

A. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.

B. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to
activities related to this Agreement. Such
maintained for a period of three years after

12. Termination of Agreement.

A. Right to Terminate. City m
reason or no reason, after giving written n(
termination is to be effective. Consultant
any reason or no reason, after giving wrii
termination is to be
B. Obligations upon Ten
Agreement on or before the effective d;
the event of City's termination of this
Consultant, City shall pay Consultant b
to the effective date of termination. In
the amount that would be paid
this Agreement. Consultant sh
including any claim for compe
work, data, documents, proceedings and
Lg�with sugl2orting documents. shall be
-e this Agreement at any time, at will, for any
isultant at least five calendar days before the
nate this Agreement at any time, at will, for
to City at least 60 calendar days before the
iination. Consultant shall cease all work under this
ite of termination specified in the notice of termination. In Agreement due to no fault or failure of performance by
ased on the percentage of work satisfactorily performed up no event shall Consultant be entitled to receive more than ultant for the full performance of the Services required by no other claim against City by reason of such termination,

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
127

A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve the Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request,
communication required or permitted under this Ag
deemed effective: (a) on personal delivery, (b) on
Consultant's and City's regular business hours, or
United States mail, by first class mail, postage prep;
as set forth below:

MORM
City of Yucaipa
Attn- Development
34272 Yucaiia Bou
1, bill, invoice, report or other
shall be in writing and conclusively
A delivery by courier service during
Business Days after deposit in the
addressed to the Party to be notified
Aftn- Beth 13. Finestone
16030 Ventura Blvd.
!�ncino, CA 91436

16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other In
128

transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

20. Final Payment Acceptance Constitutes
g done, furnished or relating to
a IMAIMMUNJ
- ------------

21. Corrections. In
correct, at its expense, all eirg
Consultant's report or plans.
retention amount held by City
Agreement up to the amount of
to the above indemnification obligations, Consultant shall i the work which may be disclosed during City's review of . Consultant fail to make such correction in a reasonably timely le by City, and the cost thereof shall be charged to Consultant. nedies, City may deduct the cost of such correction from any lay withhold payment otherwise owed Consultant under this -ost of correction.

22. Non -Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal Year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal Year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal Year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal Year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control. _10-
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24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are
reference and shall not affect the interpretation of any proN rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires
and "agrees" are mandatory and "may" is permissive; (b) or "including" are not limiting.

27. Time of the Essence. Time is of the essence ii
that specify a time for performance; provided, howevi
to limit or deprive a Party of the benefits of any grace

28. Business Days. "Business days"

29. Governing Law and Choice of
the relationship between the Parties to
accordance with the laws of the State effect that ambiguities are to be resol interpreting this Agreement. Any disput
Contract, tort or both) shall be resolved
City of Yucaipa.
lely for convenience of
Agreement or any of the
rwise, (a) the words "shall," "will"
is not exclusive; and (c) "includes"
all provisions of this Agreement
foregoing shall not be construed
od allowed in this Agreement.

Forum. This Agreement, and any dispute arising from
this Agreement, shall be governed by and construed in
of
California, except that any rule of construction to the ved against the drafting party shall not be applied in
e that arises under or relates to this Agreement (whether in a superior court with geographic jurisdiction over the

30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in Contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement. -11-
130

m
131

The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City of Yucaipa,
a California municipal corporation
•
Integra Realty Resources -Los Angeles,
a California Micro Business
By: By: —
Name: Justin Beaver Name:

Title: Mayor Title: -
IN
M1
12 ME
Name: Kimberly J. Metzler CONTRAC'
Title: City Clerk
M
132

EXHIBIT t
w 1 i
A-1
133

RealtyIntegra -

Response to RFQIRFP for Providing On -Coll Professional Real Estate Appraisal Services /
Cover Letter
Relevant Project Experience =-,.......... '---'............ .... -........................... ...... ... ....... ............. I Firm...... ...... ...... ,-... .............. ............. _.......................... ..................... ....... _...... ~,~,~~6 �
F�n1Profile -'_-..~.,~'_'~._-.^_-~^-,.'_----'-''----'-'---~---^~-'--~~-~ FirmResources ......... ._^°-__~_-,__,-........................ ....... ----........ .-......... ......... ._.-~u QualityControl ............ '___-.............. .......... ,,,~.,~........... _....... ......................... '............. ~,,~,,°9 Staffing and Resources Management ~............ ._..................... -----------,'''.,-'9 Sectkzn2. Key Personnel Qualifications and Experience ...... ... --- ................ ...... ..'..... ...... '—.......... 9 List ofKey Personne -----'~—__...-.----.-,.°.°..~___--_~~—~~~~-'--_',_,-g Qualifications ofKey Personnel ..... --_-_~.............. -~.~.~-__..--~-._-..'........ ~-...... ^.......... 1O OrganizationChart ............... ....... -_...... ...... -....... ...^........... -._-_._~....... --- .... ._... ~..... IO Section3. Project Manager ................................ ........ .... ........ .-................ ....... ........... .,,..-,I1 Sectkon6~ Cost Proposal.. ...................... ........... .............................. ............ ........................ ---- ... ..12 Sectkon7. Professional Qualifications, Licenses, and n6_............. "_.-...... ....................... 13 Beth 8^Rnestmne |mALAI-GRS,fRICS, CRE
John G.Ellis, nMALCRE,F0KCS
Adam M'0ogmrad,MAI
Robert h8.Lea, K4A|
William Larsen, SR/WA
Ryan J.Dobbins
]erardoArcimiega' K8A|
Thomas G.Richardson, K4AJ
Nicole B.Ga|vez
Susan 0. Gordon
]. Richard Donahue, W4A|,FR[[S-|BR~QrengeCounty
Stephao(eKavanaueh-|RR-UnsngeGOunty
01"
135

Integra Realty Resources
Amp', 1_
16030 Ventura ulevard T 816,290,5400
Suite 620
Encino, CA 91436-4473

MEMMERM
Mr. Fermin Preciado, P.E., Director of Development Services/City Engineer City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
SUBJECT: •• to -• for Qualifications/Proposals for Providing On -Call Real Estate Appraisal Services to the City of Yucaipa for Fiscal Years 2022/2023 and 2023/2024 —Technical Proposal
Dear Mr. Preciado:

Integra Realty Resources — Los Angeles (IRR-Los Angeles) is pleased to respond to your Request for Qualifications/Proposals (RFQ/RFP) for providing on -call real estate appraisal services to the City of Yucapia (City) for fiscal years 2022/2023 and 2023/2024, dated December 15, 2022. This proposal is submitted to comply with the submission deadline of no later than 5:00 p.m. on Tuesday, January 10, 2023, and the responses to our questions received Thursday, January 5, 2023.

The table of contents identifies the specific items contained within this statement of qualifications, which is intended to be fully responsive to your RFQ/RFP.

The firm is certified as a micro business by the State of California Department of General Services (OSDS no, 40672).

Please note that IRR-Los Angeles is submitting this proposal as the prime consultant along with our subconsultant Integra Realty Resources — Orange County (IRR-Orange County), who will provide support services upon request. We are committed to utilizing IRR-Orange County upon award of contract for services described therein. IRR-Orange County holds active Disadvantaged Business Enterprise (DBE), Small Business Enterprise (SBE), and Women's Business Enterprise (WBE) certifications. Beth B. Finestone, MAI, AI-GRS, FRICS, CRE, is the Executive Director of IRR-Orange County. The Senior Managing Director of IRR- Orange County is J. Richard Donahue, MAI, who has more than 40 years of appraisal experience, and more than 30 years of experience in appraisals related to eminent domain and right of way.
136

Mr. Fermin Preciado,PZ.,Director ofDevelopment Services/City Engineer January 5\2O23
Page
tverall administration for services provided to the City, on behalf of the City's Engineering/Design Department will be coordinated by Beth B. Finestone, MAI, AI-GRS, FRICS, CRE, Managing Director, bfineston_@ who is a principal of the firm and is legally authorized to bind the firm to enter into this contract. Ms. Finestone is fully bind IRR-Los Angeles and each member of the IRR-Los Angeles, including each member of its subconsultant, IRR-Orange County to this proposal. Ms. Finestone can be reached at the above address and phone number.

The firm maintains insurance above the minimum limits required by the City. IRR-Los Angeles, and its subconsultant IRR-Orange County will provide the required insurance certificates promptly receipt of contract.

IRR-Los Angeles is uniquely qualified to handle appraisal work for the City due to the depth of our experience in the Southern California market and our direct experience with the Housing Authority of the County of San Bernardino, County of San Bernardino Real Estate Services Department (County RESD), City of San Bernardino, Riverside County Transportation Commission (RCTC), City of Riverside, including public agency clients, right- of-way firms, and transportation authorities.

Including our designated subconsu|tant |RR-OrangeCounty our firm has fifteen appraisers, with Seven of whom have ten years or more years of relevant appraisal experience conducting real property appraisals, including over five years of experience in preparing ~� rbght-of-mayand partial acquisition appraisals,
Our firm has over 26Qcombined years ofexperience working with and meeting the needs of public agencies atall levels ofgovernment. Each member ofour senior staff has experience appraising undeveloped, residential, commercial, and industrial properties in Inland Empire, Los Angeles County, and the surrounding area, and each has significant experience servicing public agency clients and iswell-versed inmeeting their unique needs. They have significant experience in valuing full and partial acquisitions associated with right of way projects, leased or licensed properties, and the sale ordisposition ofexcess/surplus properties, and conducting rental surveys, All of our work conforms with all applicable federal, state, and local laws and regulations, and to best business practices asgenerally recognized by other market participants, including other government agencies. Details Vfthis work are included |nsubsequent pages.

Our proposal is'open, valid and subject toacceptance anytime after the proposal opening. 137

Mr, Fermin Predado P.E,Director ofDevelopment Services/City Engineer January 9,2023
Page
Thank you for the opportunity ofsubmitting thi�� this are readily available for an interview to further discuss our proposal. If you have any questions or comments about it, please feel free toreach out directly tome.

Sincerely,
Integra Realty Resources — Los Angeles
Beth 0.Fimestone'MA[A|-GR5,FRiCS,CRE
Managing Director
BBF/kt
Distribution: Three copies of the Technical Proposal, and three copies of the Cost Proposal submitted under aseparate cover
138

Response to RFOIRFPfor Providing On -Call Professional Real Estate Appraisal Services 1 Section 1~ Firm Qualifications and Experience
Relevant Project Experience
The following are descriptions and references of relevant projects completed by IRR-Los Angeles within the past five years, which demonstrates our ability to complete these specialized appraisal services, including real property appraisal projects relevant tmthe Cit/sappraisal needs.

Appraisals
�
1/ City of San Bernardino, Carousel Mall and 3250 Harrison Street, Recently completed the appraisal mfan unoccupied regional mall located on approximately 43 acres. The City of San Bernardino has approved an 0� Exclusive Negotiation Agreement (EN4) with Renaissance Downtowns USA and |CD Real Estate Group (RDICO), The purpose of our appraisal was to determine the market value of the fee simple interest in the property for disposition purposes.
21 City of San Bernardino, 3250HarrisunStreet: Recently completed the appraisal of an existing special use property (search and rescue station) containing 3,506 square feet of building area. The purpose of our appraisal was to determine the market value of the tee simple interest in the property for disposition m� purposes.
31 HAC58, Villa Mojave Apartments: Completed an appraisal of a 5I-unit, age restricted apartment community located north ofK#m|lnoDrive within the City of0ctun/iUe. The purpose nfthe appraisal was to �
determine the 'market valueofd`epnupertyforac4ui$timn.
4) Paragon Partners, Ltd. (on beholfoƒthe City of San gennandinm)/Appraisal ofthe OmniTmuu E.Street Bus Rapid Transit inSan Bernardino. The project consisted ofastreet widening for anew bus lane. Assignment was to appraise 99 parcels improved with single-family, multi -family, Commercial, and Industrial properties, which included 4properthgs that were full takes, 76 properties which included both permanent and temporary easements and 19 properties with only temporary construction easements (TCEs). �~ 51 City of Ontario, On -Call Appraisals:

Recently appraised 205parcels of vacant land that range from 0.17± to 1.08± acres located in the area bounded bythe railroad dQht-of-wayonthe north, East Ontario Boulevard onthe south, South Bonview Avenue on the west and South Grove Avenue on the east, within the City of Ontario. The City ofOntario acquired the property(s)with Federal Aviation Administration (FAA) funds between 1950-2007 and are considering selling the properties and are seeking appraisal services for each nf the 2O5parcels for the purpose ofrepaying the FAA.
" 210North Campus Avenue. Appraised a parcel totaling 9,000± square feet improved with a 3-unit multi -family residential complex totaling 1,942±square feet. The property iscurrently owned bythe Chaudhry Muhammad Irrevocable Sep P. Trust. The property is located on the southeast corner of Campus Avenue and moctaStreet and within the City ofOntario. The purpose ofthis appraisal was to determine the market value of the subject property for possible acquisition purposes. 61 Murphy &£vertz,4P (on behalf of the City of Chino, 16321 Euclid Avenue: Currently appraising three contiguous assessor's parcels totaling 22.5±acres. |tislocated onthe east side oyEuclid Avenue and the west side of Sultana Avenue (unimproved) approximately 716 feet south of Bickmore Avenue within the City of Chino. The Orange County Flood Control District (OCFCD) is pursuing aproject that involves the improvements related to its Santa Ana River Mainstem/Prado Dam Project. The purpose of our appraisal is to express our conclusion as to the fair market value of the proposed partial acqu|sidun, namely the permanent flowage easement in support of the Project. Our appraisal will address potential severance damages and potential Project benefits that may accrue to the remainder as a result of the property right to be acquired. Currently the property issubject toaoongoing litigation matter. 01"
139

Response to RFQIRFP for Providing On -Call Professional Real Estate Appraisal Services Z 7)Aleshire &0ynder,1LP(an behalf of the City of Chino), 16500 Chino Corona Road: Currently appraising a 8� vacant, agricultural property comprised of 90.47± acres in the southwesterly quadrant of Pine Avenue and Chino ( cunaKoadindhe(]1yofChinm. |twas most recently used for dairy purposes, but the highest and best use of the property is currently being determined as part of the appraisal process, The City of Chino is pursuing a project that involves the improvement and widening of Pine Avenue, including the improvement ofdrainage facilities ivthis area. Toaccommodate this project, the City needs 10acquire land for roadway purposes and other related easement rights from the northerly portions of the subject property.Our appraisal will address potential severance damages and potential project benefits that may accrue to the remainder asaresult ofthe property rights tobeacquired, Currently the property igsubject toanongoing litigation matter.
8) /P Colton, LLC (Oxnard Corner) v. The California Department of Transportation Services (Caltrans):

Currently appraising a shopping center located atthe SR-3l5atEast Washington Street within the City of Colton inconnection toanongoing litigation matter. The purpose ofthis appraisal lstoprovideouropinion of the fair market value of the parts acquired, namely two permanent easements and three TCEs acquired on behalf of Caltrans for highway purposes in connection to improvements required for State Highway 215.

Our appraisal will provide valuations of the property as vacant and as improved. This assignment may later require expert witness services.
9) David Fu and Associates, Mintshow International, LLCuGen Montclair, LP et al.: Currently appraising a property that isone ofthe commercial tenancies within a multi -tenant retail center, located onthe south side of Arrow Highway, west of Central Avenue inthe City of Montclair. Services tobeperformed include analysis of the property considering its physical condition at different points in time, and consideration of potential diminution in value to the property as a result of changes in its condition and actions that the former tenant is alleged to have taken relative to the premises. We may also conduct studies involving the determination of the present value of potential rent loss at the property under certain scenarios, and other studies that may later beidentified.
10UOCF]D, 16305&&16395 Euclid Avenue. Currently appraising mnagricultural property comprised ofthree assessor's parcels totaling 1G.35±acres. ltblocated atthe northeast corner mfEuclid Avenue and Pine Avenue within the City of Chino. The property is proposed for acquisition by the O[FCDfor improvements related to its Santa Ana River Mainstem/Prado Dam Project, The purpose of our appraisal is to express our conclusion as to the fair market value of the subject property for full fee acquisition purposes. Currently the property issubject tmanongoing litigation matter.
11/ B0SF Railway Company: Recently completed the appraisal of one industrial property, two warehouse/storage properties, and one vacant property located on the west side of Lenmmod Street extending north of and south of Jasper Road within the City of Baotow. The eNSF Railway Company is seeking a fair market appraisal of each property for acquisition purposes. The acquisitions ofthe subject properties are 'currently in process.
12) U.S. Department ofthe Interior(DOI), Appraisal and Valuation Services Office (AV50)/Multiple appraisals in Southern California:
� Allotment 584 218 (on behalf of Southern California Edison (SCE)): Recently completed the appraisal ufapropped right ofway inSan Bernardino County, approximately one mile west ofthe Palm Springs Airport at the southwest corner of East Tahquitz Canyon Way and South Sunrise Way. The intended use of this valuation service is to establish the fair market value of rights -of -way (ROW) across allotted owned lands for a 50~yearterm. The intended users of the report are the Bureau of Indian Affairs — Palm Springs Phgd Office, Southern California Edison Company (SCE) and the D0' AV6O.

This report is being prepared to Federal Standards /n accordance with the Uniform Appraisal Sgondonbfo/Federal Land Acquisitions (UxSFLAorYellow Book). = Grass Valley Wilderness and Kelso Dunes Wilderness. Recently completed an appraisal of six non- contiguous parcels of vacant desert land located within federally designated wilderness areas, in �� 140

Response to RFQIRFP for Providing On -Call Professional Real Estate Approi-5al Services 3 unincorporated areas of San Bernardino County for potential acquisition purposes. Our valuation was � based nnthe fee simple interest ofthe property, subject toencumbrances and reservations of record. The intended users ofthis report are the DO{^AV6Oand the Bureau ofLand Management 8� fBLMAaobehalf mfthe United States ufAmerica.
13) Miller & Berryhffl LLP, San Bernardino Land 1 & 2.Completed anappraisal of two 5-acre vacant lots in San Bernardino County as part of a 19 multi -property appraisal portfolio project, The purpose of these appraisals was for estate planning and tax reporting purposes. 14/ Hills for Everyone, Chino Hills SO/ Completed an appraisal of a property comprised of two contiguous, rectangular -shaped parcels of hillside vacant land tota|io88O.On± acres. The property is located in San Bernardino County on the north side of the San Bernardino County and Riverside County borders, extending east ofthe Lower Alison Canyon Trail and PnwerUneTrail intersection. Our appraisal ufthe market value of the fee simple interest will beused toaid indetermining apurchase price for the property and .grant funding for the purchase of the property as provided under grant agreements from agencies including but not limited tothe Wildlife Conservation Board (VVCB).
15) The Conservation Fund, Chino Hills 300 and 1200, Recently completed an appraisal of 300 acres of hillside land and currently completing an appraisal of 300 acres of vacant land in Chino Hills for acquisition by the Conservation Fund. This property is located in the southern portion of the city of chino Hills and is surrounded almost entirely by open space land that is a part of Chino Hills State Park. The intended use was to 1) determine the purchase price for the property and 2) to determine the sale provide of the property under the provisions of a sale agreement to be negotiated between the Conservation Fund and the United States Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), WCB, and tht.

Department of General Services (DGS), This project is federally funded and is being appraised in accordance with Yellow Book standards,
16) Bender Rosenthal, Inc. on behalf of SCE, SCE's West of Devers Project- Appraisal of multiple, permanent transmission line easements proposed for over 30 commercial and industrial properties located within San Bernardino County for acquisition purposes. Utilized the Sales Comparison Approach in order to conclude the underlying land value for each property as the basis of the permanent easements that were required for the project. Some of the properties appraised were large sites where highest and best use was an issue. 17) Overland, Pacific &0wtter, LLC(QPC)wnbehalf offBCTA and Caltrans, 1-10Corridor Improvement Project.

Appraisal of approximately 28 properties (including updates) affected by acquisitions for the 1-10CocM6or Improvement Project in cooperation with the cities of Monclair, Upland, and Ontario, The appraisal reports included avaluation ofthe properties inthe before and after condition. Someofthe properties were very complex and required significant severance damage studies due to loss of building improvements, parking, loading, etc. Several of the properties were proceeding to eminent domain litigation where expert testimony was berequired.
"a. Draisal Services:

Boot Property: Completed an appraisal of the property that included 24 parcels of215± acres of vacant land. The property is bordered to the north by East Airport Drive, to the south by]uropa Street, to the east by Doubleday Avenue to the west by South Haven Avenue within the City of Ontario, Currently the property is owned by the OIAA, who were seeking to utilize the property to create opportunities for non -aeronautical commercial development. The purpose of our appraisal was to determine the fair market value of the land based on its current zoning. 19 Miller Property: Completed an appraisal of the property comprised of eight parcels tota|ingB.29± acres ofprimarily vacant land; one ofthe parcels within the subject property was improved with an industrial building operating asCardenas Markets Distribution Facility. |tisbordered tothe north by the 1-10 freeway, to the south by East Guasti Road, to the east by North Archibald Avenue and to the west by San Bernardino County Flood Control within the City of Ontario The property was subject to a 141

Response to RFQIRFPfor Providing On -Call Professional Real Estate Appraisal Services 4 three -party land swap between M-KAssociates, the City ofOntario andthe[UAA. The purpose cfour � appraisal was to determine the fair market value of the land based mnits land value only. 19y RCTC,On-call appraisal services:
• 79 Realignment Project: Recently completed the appraisal ofa11.31±acre- portion of two adjacent parcels of vacant land totaling 74.36±acres located across from the Warren Road and Whittier Avenue intersection parallel to the Second San Diego Aqueduct Canal within the City ofHemet, Currently the property is owned by the Silo Hills Development Corporation. The partial acquisition of this property is for mitigation purposes is a result of the Project. * Warren Road Partners #2 —R22497: Recently completed the appraisal of property comprised of two contiguous parcels of vacant land totaling 10.40± acres located west ufWarren Rood and southeast ofDevonshire Avenue within the City ofHemet. Currently the property |smvvued by the Silo Hills Development Corporation. The intended use ofthe appraisal report istnassist the VVRCR[A, in the possible acquisition of the property for the Western Riverside County Multiple Species Habitat Conservation Plan (NSHCP).
" Johnson Acquisition — R22492: Recently completed the appraisal of a property comprised of a single parcel of vacant land totaling g.74± acres. /t is located off Stetson Avenue, east ofRo||fPlace and west of'Warren Road within the City mfHemet. The intended use ofthe appraisal report is±oassist the VVRCR[A,inthe possible acquisition ofthe property for the KnSH[P. = Well Easement, Located within boundaries of Mad Atom LLC Property — RCPN1142, 307 12th Street. Completed the appraisal mfaS1'x25'well area that is approximately 1OOfeet deep and b located within the boundaries ofthe Mad Atom LL[ Property —RiversideCountyPansi Number (mCPN) 1142. The land encumbered by the easement is part of larger parcel located on the northeasterly corner of 12th Street and the railroad right of way, with street frontage along 10th Street and Howard Avenue. It is essentially adjacent tothe Downtown Riverside K8etroMnkStadon within the Downtown area of the City of Riverside; however, it is physically separated from the station bythe railroad corridor. VVepreviously completed afair market value appraisal ofRCPN1142 in connection to the RCTC's expansion of the Downtown Riverside Metrolink Station, The purpose of the current appraisal is to provide the fair market value of the well easement, and the improvements related tothe easement, for acquisition purposes.

Recently completed the appraisal ofareplacement property impacted bythe proposed 230kV RTRP Project, A portion of this Project impacts land that has been identified as environmentally sensitive and subject to conservation. |tisowned 6ythe 'State afCalifornia and was originally purchased with money from the Federal Land and Water Conservation Fund (LVV[F). VVepreviously completed four fair market value appraisals dated November 15^2O17 and October 2U'2820,with adate mfvalue of October 8, 2017 and September 1, 2020 for the impacted properties and replacement property. The purpose of the ounsrt appraisals is to provide a fair market value for the impacted properties and the replacement property based onacurrent date oYvalue. The clients and intended users ofthe appraisals are the City of Riverside, Riverside County Regional Park and Open -Space District, and SCE. � Casa Bianca Vacant Surplus Land: Recently completed the appraisal mfa6B,536±-squanefoot parcel ofvacant land. It is located approximately 143,00± square feet northwest of the Madison and Bunker Streets intersection within the Casa Blanca neighborhood of the City of Riverside. The purpose ofthe appraisal is to determine the fair market value of the subject property for possible disposition purposes,
� Magnolia and Van Buren Surplus Land. Recently completed the appraisal oftwo contiguous parcels totaling 1.11± acres and is improved as public parking lot. It is located in between Van Buren On
142

Response to RFOIRFPfor Providing On -Call Professional Real Estate Appraisal Services- 5 neighborhood ofthe City ofRiverside. Our proposal bpredicated onthe assumption that there are � no covenants for parking impacting the subject parking lot. The purpose of the appraisal is to ~� determine the fair market value of the subject property for possible disposition purposes.

Brockton Arcade City Surplus Land: Recently completed the appraisal ofthree parcels, two of which are contiguous while the other subject property isseparated from the other parcels byocommercial building, The parcels total 0.58± acres and are improved as public parking lots. They are located on the east side ufMagnolia Avenue approximately 5ODfeet south ofMagnolia and Brockton Avenues intersection within the Magnolia Center neighborhood ofthe City ofRiverside. The purpose ofthe appraisal is to determine the fair market value of the subject property for possible disposition purposes.
21) The Wildlands Conservancy, Chuckwalla Area of Critical Environmental Concern (CACEC): Recently completed an appraisal of five non-contiguous parcels of vacant desert land that range in size from 20.00± acres to122-OQ±acres totaling 362.80±am,es. These parcels are located within '|nanunincorporated area oƒ Riverside County, near the Joshua Tree National Park, within the CACEC, which is managed by the BUVI. The purpose of our appraisal is to provide the value of the fee simple interest of each property, subject to encumbrances and reservations mfrecord. Our appraisal will include various Extraordinary Assumption's approved bVthe BLk8. This report was prepared inaccordance toYellow Book standards. 22)OPC (on behalf of RCTC), SR-91 Corridor Improvement Project. Appraisal of approximately 70 properties (including updates) affected by acquisitions for the SR-91 Corridor Improvement Project through the City of — Corona. The appraisal reports included a valuation of the properties in the before and after condition. Some of the properties were very complex and required significant severance damage studies due to loss of building improvements, parking, loading, etc. Several of the properties were proceeding to eminent domain �
litigation where expert testimony was be required. We also completed review work for approximately 3 appraisals.
23) Los Angeles County Development Authority (LA[D/):Multiple appraisals |nLos .Angeles County:
�
m Kings Road Housing Development, 8V0-801North Kings Road._prepa'edaRent Compatibility Study (RCS) for the subject property. The units are part of Los Angeles County -owned, two ,multi -family properties located on the northeast and northwest corners of Kings Road and Waring Avenue within the City of West Hollywood. The intended use of the appraisal was for submission to the U.S.

Department of Housing and Urban Development in compliance with the Housing Assistance Payments (HAP)contract.
�
* 095@orth Bonnie Beach Place: Completed an appraisal of o multi -family property` The purpose of the appraisal was todevelop two opinions ofthe market value. The first scenario was based onthe hypothetical condition that the subject was operating at market rent levels, rather than restricted rents. The second scenario was based on the subject operating at the restricted rents levels at that w� time.
24) LACMTA—Purple Line0Westside/ Subway Extension Transit Project. Neappraised subsurface tunnel easements on eight commercial properties within the City of Beverly Hills as partofthe Purple Line Subway extension to the Vyest$ide. These were deep tunnel easements and involved office, medical office and redevelopment sites. Consideration was given to damages tothe remainders as well estoproject benefits.

We recently completed the appraisal of the Wilshire Federal Building and are currently appraising acquisitions on the Veterans Administration prupprty, as part of this project. Additionally, we recently completed the appraisals on eight condominiums properties in connection to this project. 25) ACE u�Adobe Apts., Inc. et at. Eminent domain trial regarding three partial acquisitions and one TCE acquisition impacting a67-unitapartment complex located adjacent tothe 'railroad right ofway within the City ofPico Rivera. Objective ofproject was todevelop arailroad grade separation b`order toseparate vehicular and pedestrian traffic from the railroad. The difference in value opinions was more than �
L irr
�' 143

Response to RFQIRFPfor Providing On -Call Professional Real Estate Appraisal Services 6 $1,750,00for severance damage and more than $66,00for the part taken. The jury's ruling was 100% in � favor �Mr. Ellis's opinion of the value of the property taken at $125,000. Additionally, the jury's ruling for severance damages was $185,000 higher than 01c EUis's opinion and approximately $1/483,598 less than the property owner's expert opinion.
26) Demetriou, Del Guercio, Springer & Francis LLP, 160 North Canon Drive and 9397 Wilshire Boulevard.

Three prominent commercial properties in Beverly Hills that were to be acquired by the LACTMA for the Rodeo Drive station of the Purple Line. The most complex appraisal involved an irregularly shaped parcel totaling approximately 9,126 square feet of land improved with a 9,631 square -foot two-story commercial building in the Golden Triangle. We appraised the property to provide determination of the fair market value for a TCE on the property for a period of 92 months. The appraisal was used as a basis for expert testimony in litigation�
27) GSA, SantaAna Federal Building, 34 Civic Center Plaza, SantaAna: Appraisal of property for the purpose of determining the Fair Annual Rent (FAR) in accordance GSA standard. Analyses included an allocation of the concluded full -service rent between operating rent and shell, as defined by the GSAI RR -Los Angeles is lead firm on this assignment. The appraisals were used to determine a change in rent and to encourage lease 28) Sunset Ranch Hollywood Stables, Inc. mCity of Los Angeles.. Developed an opinioncif the market rent of the City -owned land which ispart of the larger City holding of Griffith Park. This appraisal was utilized in connection with litigation matter that resulted from Sunset Ranch's encroachments on the City -owned Appraisal Reviews
Examples of review projects completed for public agency clients are summarized as follows:
= Ms.Hnestone recently completed the appraisal reviews of19properties subject to temporary construction and permanent easements necessitated bythe West Valley Connector Project within the City nfOntario. " Ms. RnesLonehas completed and provides ongoing multiple appraisal reviews mmbehalf ofR[TC. • Recently completed appraisal review services on 39 appraisals for OCTA's SR-5S Freeway Expansion Project. ° Reviewed approximately 28 appraisals for OCTA's Lakeview Avenue Grade Separation Project. = Provided appraisal reviews in excess of 50 properties for the Los Angeles County Department Public Works for the East Los Angeles Road Improvement Project.
= Providing ongoing appraisal review services for the City of Los Angeles and the County of Los Angeles. ° Ms. F|nestonecompleted 14reviews for Hatch Mott MacDonald onbehalf ofLA[K8TArelated to the Crenshaw Metro Rail Project.

Firm Stability
The stability of |RR'Los Angeles is demonstrated bythe fact that we have been in business since 1995 as Ellis Group, Inc. and au|RRLosAngeles since 1Bg9. This represents '25Gyears ofbeing imbusiness and providing real estate and consulting services tothe community and municipal agencies. Our stability iaalso demonstrated bythe fact that we currently produce approximately $2 million in revenue annually.

Firmpmftle
Our firm's primary service area is Southern California, including Los Angeles, San Bernardino, Riverside, Orange, Ventura,anta Barbara, Imperial, San Diego, nyo Fresno, Tulare, Mono, and San Luis Obispo counties; other ' ' ' ' Kern,' ,
~~ offices ofIntegra Realty Resources allow us$mprovide full coverage throughout the State ofCalifornia. Since its founding, more than 5,500 appraisal assignments have been successfully completed by the firm, with more than 2,800 ofthese assignments being completed for public agencies throughout Southern California. In the past five �� years we have completed approximately 1^450 assignments throughout Southern California which involved 144

Response to RFQIRFP for Providing On -Call Professional Real Estate Appraisal Service* 7 eminent domain' and close to 500 assignments involved conducting rental surveys and analyses, which also included properties involving complex ground lease negotiations. |RK-LosAngeles provides real estate valuation and counseling services for e broad range ofproperty types, addressing diverse client needs. Our clients include governmental agencies lending institutions, investment advisory firms, corporations, developers, investors, and the legal profession, While »veservice many types ofclient needs, our primary focus is on serving public agency clients and in providing litigation support and expert testimony. A substantial number of our clients retain us because of our ability to understand complex real estate valuation issues, toframe assignments in a manner which our clients (and the courts) can understand, and to be in a position of supporting our analysis and conclusions through the litigation process (including expert testimony at bench and jury tda|s}.

VVehave been selected to provide litigation support services and expert testimony in real estate valuation matters insituations where:

We have been asked todevelop anindependent opinion ma market value and totestify in support ofour conclusions;
VVehave been asked toprovide rebuttal tesdmonyconcermiu8themethodo|ogy analyses, and conclusions developed byanother appraiser; and,
We have been asked to address the standard of care requirements related to the performance of professional services by other appraisers.

In the area of litigation support, we have completed a variety of appraisal and counseling assignments covering many issues and property types, Appraisers at the firm are qualified in Superior and Federal courts throughout Southern California on real estate valuation issues. On several occasions, our Senior Managing Director, JohnG.

Ellis, KxA|, CRE, FR|CS' has been selected by the Los Angeles County Superior Court to act as a court -appointed, independent expert tmassist the resolution ofpending valuation issues, Heisalso anexperienced arbitrator. Beth B. Finestone.KA/V, A|'GRS, FR|[G, [RE, Adam M. 0mgorad, fWA|, Robert M.Lea, K8A|, and Ryan J.Dobbins are also qualified aoexpert witnesses.

The firm is experienced in the appraisal of investment -grade properties, including office buildings, shopping centers, industrial developments, hotels and motels, apartment and condominium complexes, mobile home parks, and industrial and residential subdivision acreage. \Neare also experienced inspecialty property types including airport -related properties, auto dealerships, restaurants, bowling alleys, gas stations, churches, motion picture and performing arts theaters, cold storage and hom6 processing facilities, parking structures, agricultural property, waterfront property, shipping terminals, and residential estates. VVeoften value single-family residences (SFRs)as part ofpublic works acquisitions, All afthis experience isimportant |nvaluing full and partial acquisitions aspart ofright ofway projects.

In addition to real estate valuation, we also complete specialized studies, including market demand' feasibility, highest and best use, reuse analysis, potential value diminution (from both internal and external influences), the valuation of partial interests, and the study of damages and benefits that may arise in condemnation matters.

Our review services can be either field or desktop reviews of appraisal reports (or other studies) prepared internally or by outside appraisers or consultants. If appropriate or necessary, our review services can be supplemented with an independent investigation of market conditions or comparable data which may not have been included in the original appraisal. Our experience in the property types described above enables us to complete review assignments inacapable manner.

We have handled a significant number of assignments which are relevant to the appraisal needs of the City. These include the appraisals and appraisal updates for partial and/or full acquisitions involving developed and undeveloped residential, commercial, industrial, agricultural and railroad properties within San Bernardino and Riverside counties. We are significant experience in valuing leased or licensed properties in addition to valuing railroad properties, flood control channels and other types of corridor properties. Our partial acquisition appraisals routinely involve the valuation of partial fee acquisitions, permanent easements^TCEs' and access or

Response to RFCVRFPfor Providing On -Call Professional Real Estate Approisol Services 8 |keome agreements. We are commonly called upon to value surplus/excess properties and are familiar with the Surplus Land Act. We are often called upon to value ground lease properties or to aid in setting new ground rent rates. Completing appraisals for eminent domain use and ' providing litigation support and expert testimony are also services 'weregularly provide.

We are also experienced in providing appraisals in involving land for acquisition by conservation authorities, including the valuation of land, both developable and land with a highest and best use of open space or conservation. We are often called upon to value land for mitigation, conservation easements, and land that is identified aswetlands. Select members of our firm have extensive experience in appraising rural land throughout Southern California. This rural land has consisted of habitat conservation, open space' rnidgadun' low density residential, agricultural and ranch land.
|RR -Los Angeles is capable of providing full valuation services within the scope ofadefined assignment, including analysis and definition of the appraisal problem, accurate and timely estimation oftime and cost tothe City to complete the project, research and data verification, highest and best use analysis, field inspection, valuation analysis, and reporting writing. In addition, IRR-Los Angeles's senior professionals can serve as expert witnesses in support uftheir work product incourt and/or before arbitration boards. |KR_bos Angeles is well-equipped to serve the appraisal needs of the City due to the fact that we specialize in serving the needs of public agency clients, including right of way firms and law firms retained by public agencies and understand the requirements of such agencies. This specialization is supported by the fact that we have on - call appraisal contracts with the County RESD, City of San Bernardino, City of Ontario, OIAA, City ofRiverside, 0CT[, City of Los Angeles Department of Public Works, City of Los Angeles Department of General Services, City of Los Angeles — Office of the City Administrative Officer, City of Los Angeles — City Attorney, City of Los Angeles — Economic and Workforce Development Department, City of Los Angeles — Housing and Community Investment Department, City of Anaheim, City of Clovis, City of Fontana, City of Hermosa Beach, City ofInglewood, City of |n/|ne4 City ofLong Beach, City of Newport Beach, City of Pasadena, City of Santa Ana, Los Angeles County Chief Executive Office, Los Angeles County Department mfBeaches and Harbors, Los Angeles County Department of Public Works, L4CDA, County of Fresno, County of Tulare, LACMTA, Metropolitan Water District of Southern California (MVVD)' Orange County Transportation Auzhmrity(O[TA), OCFCD, Port of Long Beach, Port of Loa Angeles, SCE, Southern California Gas Company (SoCal Gas), Los Angeles Community Colleges, Los Angeles Unified School District, and the California State University system. We do significant amount cfwork on right of way projects for these entities. We have done a significant amount of work through right of way/engineering and law firms where SB[TA,Alameda Corridor East (ACE),and RCT[are the end users. |naddition, weroutinely provide appraisal services tothe following right ofway/engineering firms: 0C, Continental Field Services Corp. (CFS), HDR Engineering, Inc. (HQR), Paragon Partners Ltd, Monument, Epic Land Services, Inc., and Universal Field Services, Inc, We enjoy significant repeat business with our clients.

Firm Resources
|RR-LosAngeles is in the unique position to utilize state-of-the-art computer technology and the industry's most 0� advanced computer software in the preparation of every assignment. Integra Realty Resource's DataPoint= and K4arketPoint`° software provide clients with consistent applications of the most sophisticated valuation tools, access to a national database, and delivery of a standardized report for ease of review and presentation.

Additionally, we are fully licensed in our use of CoStar, National Data Collective, RealQuest, several MLS services, and avariety ofother data sources relevant tothe completion ofour work, Datapoint is a web -based appraisal management program that incorporates an advanced Customer Relationship Module and Project Management Module (PMM), delivers real-time tracking of assignments and asset details, With the pK4yN clients can access valuation and counseling reports through secured digital communication regarding recently completed projects. The web -based interface also incorporates a comparable database module which captures property and land inventory, sales and lease transactions, income and expense information, and multifamily rental data. Using DataPoint we will be able to provide daily updates to the City. 01"
W,

Response to RFQIRFP for Providing On -Call Professional Real Estate Appraisal Services 9 This system was developed byIntegra Realty Resources. bisused internally tolog and track the status o[each mm assignment. However, it is also available for use by our clients, and can be used for the posting of final PDF copies ofdocuments orreports, 24hmursa day,seven days mweek. VVeb'based~the system can beaccessed bystandard phone lines (rnodem),DSL TI,and wireless technologies anywhere in the world. Datapoiotenab|es our project 8� teams to work more efficiently by accessing assignment information, planning and scheduling tasks, sending and logging all communications specific to the assignment, and creating and storing a database of clients and properties'
& major focus of our practice ispreparing appraisal for litigation support and for public agency and c#ents. As such, a high -quality and error -free product is a necessity. The professional team members will meet regularly $odiscuss relevant valuation topics, and exchange information from their knowledge and experience that is mutually beneficial in the completion of work for the City. An aAA| will be involved in the determination of the appropriate approaches to value and analyses of each property, This approach has set an excellent foundation for the work wvehave completed onbehalf ofother �public agency clients.

Additionally, all work prepared for the City will be independently reviewed by one of our MAI's prior to submitting � it to the City for review. Ifweare awarded amulti-property assignment, the same MAIwill review all of the appraisals relating to a given project to ensure that our values make sense and are consistent across a given project, The MAI signing the appraisal report will take full responsibility for the quality and all of the content in the appraisal and will beavailable toaddress any questions the City may have.

Lastly, the report writing software we have developed helps us to maintain consistency throughout our reports by employing linking technology. For example, the subject land area is typed once into Excel and is then linked and populated into our appraisal report (Word document) everywhere the land area is used.

Staffing and Resources Management
Multi -parcel appraisal assignments require astrong foundation which consists ofawell-developed scope ofwork, work plan, and involvement ofasufficient number of qualified professionals to execute the assignment. Senior members ofour firm remain available for client interaction and overall project planning appart ofour regular job duties. Thus we are able to proceed with the foundational aspects of major projects within 24 hours of being notified pfanew project. The planning process usually takes a few days, which coincides with the completion of pre-existing commitments by other team members for the project. While staff appraisers usually have work in progress at any given time, they can be integrated into a new City project as their work on other assignments is completed. Based on our flow of work over the last two years, we expect to have full staffing available on all major projects within two weeks ofaward of contract. For assignments involving fewer than ten parcels, we would expect to have full staffing availability within one week of award of contract.

Section 2. Key Personnel Qualifications and Experience
List of Key Personnel
147

Response to RFQIRFPfor Providing On -Call Professional Real Estate Appraisal Services 10 Name Title
Beth B. Finestone, MAI, AI-GRS, FRICS, CRE Project Manager, Managing Director John G. Ellis, MAI, CRE, FRICS Senior Managing Director r
Director
Robert W4.Lea, MAI
Director
William Lasen,SR/VVA
Director
Ryan J'Dobbins .

Associate Director
JerardoArc|niega,MAi
Associate Director
Thomas 6.Richardson, MA|
Associate Director
Nicole B. Ga|vea
Senior Analyst
Susan 0.Gordon
Senior Analyst
1Richard Donahue, K8AI,FRKCS(IRR-0range County) Senior Managing Director Stephanie Kavanaugh (IRR-Orange County) Senior Analyst
All RR-LosAngeles staff members hold a minimum ofaBachelor's degree In addition, all senior professional staff members are current intheir continuing education requirements intheir status oacertified general appraisers in the State ofCalifornia. Accordingly, they are sufficiently familiar with the requirements of the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended and implemented by 49 CFR Part 24; the State of California Government Code, the State of California Relocation Assistance and Real Property Acquisition Guidelines (Tide 25' California Code of 'Regulations [h 6, Art 1, Section 6000 et seq.), Uniform Standards of Professional Appraisal Practice (USPAP) and especially with Standards Rules 1 and 2 that apply to the development of real property appraisals and the preparation of real property appraisal reports. The requirements ofall applicable regulations are reviewed on a regular (and not less than annual) basis to assure our current knowledge of these requirements and the full compliance ufour appraisal 'development and reporting. Similarly, our staff b well versed in preparing appraisals subject to the California Code of Civil Procedure as well as the Caltrans Right of Way Manual. Beth Finestone' xxA|,A|-GRS' FR|C3,[RE, John G. Ellis, KdAL[RE' FR|CS,Adam K8. Bogoca6, Kn/Q, Robert M. Lea, MAI, William Larsen, SR/WA, and Ryan Dobbins are certified Yellow Book appraisers.

Staff members belong toand are active members of professional organizations such asAppraisal Institute (AI), the International Right ofWay Association (IRVVA), the Counselors of Red Estate ([RE), and the Royal Institution of Chartered Surveyors (RICS). The education provided by these organizations provides a foundation for the appraisal methodologies which include full and partial takings, easement and other limited property rights assignments, corridor valuation assignments, and the analysis of market rent for both vacant land and improved properties.

It is our understanding that these studies are relevant to the appraisal needs of the [ity. Our education and experience allow ustmcompetently complete assignments ofthis type; and our office systems allow us1odevelop appraisal reports of excellent quality, which can be utilized by the client in both hard copy and digital formats.

Detailed qualifications and copies of licenses, designations, and certifications are included at the end this proposal. |RR -Los Angeles and lMR-Orange County has adequate staff to perform the project for the City. The following organizational chart shows the members of our firm. The principal appraiser for any project completed on behalf of the City will be a mV4I-designated appraiser atthe level of Director or higher, as shown in blue. A Director and/or Senior Analyst (an appraiser who isState Certified, ataminimum) will work with the principal appraiser to allow for the efficient completion of the assignment; these appraisers designated for direct involvement are shown in green. Analysts will provide research assistance to the City -designated appraisers throughout the assignment. They are shown in yellow, Oursubconsoltant |RR-OrangeCounty is shown in orange. Administrative staff members are highlighted in pink. Please note that Ms. Finestnneisthe designated project representative. 148

Response to RFQIRFPfor Providing On -Call Professional Real Estate Appraisal Services 11 overall administration for services provided to the City will be coordinated by the finn's designated project manager, Beth B.Finstom\MAI,A|-GRS,RU{S,[REManaging Director. Asthe designated Project Manager, she will have direct and personal involvement in the completion of the appraisals and in the communication of the results of these appraisals to the staff or other designated representatives of the City for the 6oskioD of the project. Ms. Rnestone can be reached via email and at phone number indicated in the masthead ofour cover letter.
|RK-LoaAngeles attests and assures that the key personnel indicated will perform the scope uf work and will not be substituted with other personnel without the City'sprior approval in writing.

The Mrm'sheadquarters islocated at16U3DVentura Boulevard, Suite 6I0,Encino, [A 81436~4473. Our operations are conducted atthis location.

Section 4L ��
~~�~~.~_
IRR-Orange County was formed as a result of acquiring the former Kiley Company in 2019, Founded in 1990,The Kiley Company had grown into one of the leading appraisal firms in Southern California. The former Kiley Company now operates as IRR-Orange County. The firm's headquarters is located at 2151 Michelson Drive, Suite 205, Irvine, `-- [A92612L We are committed to utilizing IRR-Orange County to provide appraisal support services. IRR-Orange County holds active DBE, 58E, and VV8Ecmt|6cations. 8ethB. Finestone, MA|^/V-GRS, FK|CS, CmE, is the Executive Director .
torof |RR~8rm��e �oonty, The Senior ��ana@jo8 Director of |RR -Orange County is J. Richard Donahue, N1A|' who has more than 40 years ofappraisal experience, and more than 3Oyears of experience in appraisal and appraisal reviews related toeminent 'domain and right ofway. Stephanie Kavanaugh, Senior Analyst, has more than 17 years of experience in appraisal and appraisal reviews related to eminent domain and right of way. Most recently, Mr. Donahue and 01s. Kavanaugh completed appraisals unbehalf ofthe County RESD, OPC/5BCTA and RCTC.

Detailed qualifications and copies of licenses, designations, and certifications are included at the end this proposal.

Summary of relevant assignments completed by Mr. Donahue and Ms. Kavanaugh are listed as follows:

AW
Irr;
�� 149

Response to RFQIRFP for Providing On -Call Professional Real Estate Appraisal Services 12 � CountyR�� Bloomington Avenue Pavement a��nm DrainImprovementProject:Recently� completed an f�1l��men��r�e��m��uep��e� ' inunincorporated ��nn�rd?e[i��Ria�o
an��rm�mio|m�mvem��P��ct e�� `
The proposed acquisitions consist of one permanent road easement and 10 TCEsac/oss IOseparate ownerships to install curb, gutter and sidewalks and tie-in driveway approaches along the south side of Bloomington Avenue. The purpose and intended use of the appraisal report is to recommend just compensation for acquisition of the indicated property interests for road improvement purposes�

2. City of Rancho Cucamonga, 4650 Beryl Street: Recently completed the appraisal ofaproperty that is 100±acre portion of a single parcel of land totaling approximately 265mcres and ieimproved with a SFR.

The portion of the site tobeappraised bvacant, unimproved land. The property islocated northeast of the Skyline Drive and West Cucamonga Truck Trail intersection within the City ofRancho Cucamonga. The purpose of the appraisal is to provide the fair market value of the subject property for possible acquisition purposes.

3. Desert Recreation District, One Vacant Land Site and One SFR: Currently appraising one vacant land site and one SFN site within Thermal and Bermuda Dunes, Riverside County. The purpose of these appraisals is to determine the fair market value of each property for possible development of a public park.

4. City of Rivershde,HMPE Canyon Crest Cable Replacement Project: completed the four parcels improved as SFRs located within the Canyon Crest neighborhood of the City of Riverside, The appraisals were used to determine the fair market value of the parts acquired, namely four public utilities easements in support ofthe nMPECanyon Crest Cable Replacement Project.

5. RC7C, Mid County Parkway Project, Construction Contract 2: Recently completed the appraisal of property Groups 2-4totaling to lg5FRs|nsupport ofthe project, The purpose ofthe appraisals isto provide a fair market value of the subject properties for acquisition purposes.

6. SoCa/Gas: Appraised multiple exclusive and non-exclusive easements impacting multiple single-family, ~� multi -family, commercial, and industrial properties throughout Riverside County insupport ofthe Santa Ana River Project.

7. HQR, Inc. onbehalf ofLACMTAand SBCTC: Recently completed the appraisal of 36parcels comprised cf four industrial properties, one vacant property, three commercial properties, one multi -family property, one retail property, and one special -use property in support of Metrolink's SCORE Project, in cooperation with the Southern California Regional Rail Authority, with the firm's focus on appraising the permanent and temporary acquisition of the subject properties impacted by the Chatsworth Station Improvements Project, E| Monte Sliding and Extension Project, Marengo Sliding and Extension Project, and the Rancho Cucamonga Sliding and Extension Project.

8.OPCunbehalf of SBCTCmnd Caltrans: Currently appraising full and partial acquisitions impacting 11 properties comprised of commercial and industrial properties along Holt Avenue within the City of Ontario insupport pfthe West Valley Connector Transit Project. 9, /ntenwest Consulting Group, Inc. (formerly Cp9I Right mfWay Services), ATP Cycle 4 Improvement Project: Completed 13 reviews ofoutside appraisals related to various permanent roadway easements and temporary construction easements (TCEs) for design and construction of certain sidewalks, road innprnvememts,AQA ramps, streetlights and pedestrian crosswalks as part of the ATP Cycle 4 project within the City ufOntario.
-- 10. City of Bokers/eld/Cahtrans, Centennial Corridor: Review of third -party appraisals involving full and partial acquisition of properties being acquired for construction of the Centennial Corridor in Bakersfield.

Section S. Cost Proposal
Per the instructions as set forth in the RFP/RFQ, our Cost Proposal is being submitted as a separate document. '�m��
=~�~
�� 150

Response to RFQIRFP for Providing On -Call Professional Reol Estote Appraisal Services 23 Section 6. Professional Qualifications, and Designations Following this page are detailed qualifications and copies of licenses, designations, and certifications of our key personnel designated for work with the City:

I
Beth B. Finestone, MAI, AI-GRS, FRICS, CRE
ILM,,egaRealty Resources
Experience
S,nte b-',()
Ms. Finestone, Managing Director for and a principal of INTEGRA REALTY RESOURCES — LOS ANGELES, En,,,mo, CA 914,,,61,17}
has been with the firm since 2004 and has been appraising in Southern California since 1981. She is also the Executive Director of Integra Realty Resources — Orange County. She has specialized in T 818,21)0 ,400
valuation and consulting services related to public agency clients and for major, investment -grade commercial properties, e.g., office, industrial, retail, multifamily, land, and special purpose properties, for over 35 years. Ms. Finestone has also been very active is 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 easement purposes.

Ms. Finestone was the 2019 president for the Southern California Chapter of the Appraisal Institute (SCCAI), the largest Appraisal Institute chapter in the United States. She also holds the AI-GRS designation of the Appraisal Institute. In addition, she is a fellow of the RICS (past board member) and is also a member of the CRE and of the IRWA. She has been honored locally for her professional accomplishments. In May 2009, she was a Los Angeles Business Joumal nominee for Executive of the Year— Women Making a Difference. In October 2006 Ms. Finestone was honored as one of Real Estate Southern California's 2006 Women of influence for contributions to commercial real estate and devotion to community enrichment,
Ms. Finestone previously held senior positions with Finestone & Associates and Cushman & Wakefield of California. At Finestone & Associates from 1996 through 2003, she specialized in real estate appraisal, valuation and consulting services with focus on preparation of appraisals for industrial, commercial, and special purpose properties. This focus included consultation services, due diligence work, litigation support, and expert witness designation.

At Cushman & Wakefield of California, Inc. from 1983 through 1996, Ms. Finestone was in the Los Angeles Appraisal Services Group, specializing in real estate valuation and consulting. By the end of her tenure, she was responsible for the management the Los Angeles Valuation Advisory Services Group, including preparation and review of appraisal reports, business development, consulting and litigation work, management and coordination of multi -property assignments and national accounts, professional staff development, and support staff supervision.

Ms. Finestone's clients include public agencies, right-of-way firms, lenders, institutional investors, major corporations, law firms, and individual property owners. Her services include a wide range of specialized studies including ground lease rent studies, partial interest acquisitions, value diminution (from both internal and external influences), market demand, feasibility, severance damages and project benefits, investment analysis, assessment allocation, reuse analysis, and the valuation of partial interests including leasehold, leased fee, possessory interests, and minority interests.

Ms. Finestone is well known as an appraiser with expertise in the valuation of land, both entitled and unentitled. Ms. Finestone has been involved in numerous appraisals of large tracts of land requiring a detailed highest and best use analysis.

Ms. Finestone has significant experience in coordinating and managing multiproperty 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 (ROTC) as part of the expansion of the SR-91 freeway in Corona and the Placentia Avenue Project; the Orange County Transportation Authority (OCTA) as part of the 1-405 expansion, the 1-5 expansion, and the SR-55 expansion; San Bernardino County Associated Governments (SANBAG); Los Angeles County Department of Public Works; 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).
152

M �

EXHIBIT
k 1 ! i 1

Integra Realty Resources
16030 V=_!,(Lffa Bculevard T 818,29M455
Suite 620 www,irr.corn/losangeles
Encino, CA 91436-4-173
January 9, 2023
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
SUBJECT.- Response to Request for Qualifications/Proposals for Providing On -Call Real Estate Appraisal Services to the City of Yucaipa for Fiscal Years 2022/2023 and 2023/2024 — Cost Proposal
In completing other large, multi -parcel assignments, we have found that the most effective 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 identif in all f th ti

1. - -•- - - - - AW- Lq I ENVILIK,74AWWWRIM,91 I If 11
154

Mr. Fermin 9redado P.E,Director ofDevelopment Services/City Engineer January 9, 2023

Page 2 ends

]ohnG. ElU�MAI, CRE, FRICS:
(Senior Managing Director)
Beth B`Rnestone, MA^N-GRS,R0CS,
[RE:
(Managing Director)
Robert K8.Lea, K4AI
�-
Other Directors and Senior Analyst
Analysts:

Researchers:

Administrative Staff:
(For supplemental requests)
Beth g`Pinestone, MAI, Ad-GRS,FRICS,
CRE:
� (Executive Director)
Rick Donahue, MAI:
(Senior Managing Director)
Other Directors and Senior Analysts
Stephanie LKavanaugh:
(Senior Analyst)
Cathy Williams:
(Appraiser)
� Leticia Solis:
(Office Manager)
$425 per hour for appraisal and consulting
testimony
$375per hour for appraisal and consulting
$450per hour for trial preparation and expert
testimony
$42Sper hour for appraisal and consulting
$55Oper hour for trial preparation and expert
testimony
$37-5 per hour for appraisal and consulting
testimony
$225 to $325 per hour
$14gtu$21Oper hour
$12Oto$135per hour
$110 per hour
$375per hour for appraisal and consulting
$45Oper hour for trial preparation and expert
testimony
$375per hour for appraisal and consulting
54SQper hour for 'trial preparation and expert
testimony
$225 to $325 per hour
$250 per hour
$110 per hour
155

MM
Mr. Fermin Predudo,P.E~Director ofDevelopment Services/City Engineer January 9,2023

Page 3 ends

Our firm provides only valuation, consulting, and expert testimony services. Assuchnoother information is provided.
8ethB. Finestone, K8A[AI-GRS,FROCSiCRE
Managing Director
BBRkt
Distribution: Three copies of the Technical Proposal, and three copies of the Cost Proposal submitted under aseparate cover
01"
156

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW

REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute "publicworks" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter V). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter I and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in l(a) and 1 (b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations inaccordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractorceases to be registered with DIR at any time during the duration of the project, Consultantshall immediately notify City.

4. Pursue
subjectto complianc,
site notices,as presci

5. Pursu,
perdiem wages for e
Agreement are on fi
on request. Consult
such prevailing rate
job site covered by I
milLabor Code S&tion 1771.4, Consultant's Services are
toringandenf6rcementbyDIR. Consultant shall post job
e W DIR regulations.
to Labor Code Section 1773.2, copies of the prevailing rate of craft, classification, or type of worker needed to perform the t City Hall and will be made available to any interested party acknowledges receipt of a copy of the DIR determination of per them wages, and Consultant shall post such rates at each Agreement.

6. • shall comply with and • bound by the provisions • •• CodeSections 1774 and 1775 concerning the payment of prevailing rates of wages to workersand the penalties for failure to pay prevailing wages. The Consultant shall, as a 1yenaltpAto Ci forfeit �i. 200, 00 for each calendar d or icortion thereof for each • •.r less than the •- rates as determined by the DIR for the work or craft in which • is employed • any public work •• • to this Agreement by Consultant or by any subcontractor.

C-1
157

7. Consultant shall comply with and be bound by the provisions of Labor CodeSection 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Consultant and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the LaborCommissioner.
s on public works
City a verified statement of the journeY #rentice hours performed under — this A2reement.
other federal or state law provi
works. The Consultant and Su
works. If the Cons
4all immediately notify City.
ce of this Agreement by the Consultant or by any subcontractor for each I -chsuch worker is required or permitted to is more than lentariay ant 0 h*-fxs in any itnt caleriiarwetk in Yi*lati4d, of the provisio" Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant e week shill ie
day at not less than one and one-half timesthe basic rate of pay. 11, California Labor Code Sections 1860 and 3700 provide that every employerwill be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies asfollows:

C-2
158

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter I and Labor CodeSections 1860 and 3700, and Consultant shall include in the written Contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Consultant shall be requiredto take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review ofthe certified payroll records of the subcontractor and upon becoming aware of the failureof the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors servingin the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental toany acts or omissions listed above by any person or entity (including consultant, its subcontractors, and each of their officials, officers, employees and agents) in connectionwith any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

C-3
159

al �, or

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2023, *N"ic
and Bender Rosenthal, Incorporated, a California S Corporation ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party."

RECITALS
A. City issued a Request for Qualifications/Propo mber 15, 2022, tit e "Request For Proposals/Qualifications To Provide On -Call eal Estate Appraisal Services." The Consultant submitted a proposal dated Ja response to the RFP.

B. Consultant represents that it is fully
its experience and the training, education, and exp(
C. City desires to retain Consultant
desires to serve City to perform these services in
Agreement.

1. Consultant's Services.

A. Scope of Services. C
Services (the "Services") to provi(
selected consultants will assist staff i
services. These professional serviceE
full or partial acquisitions, easem,(
ent contractor, and Consultant
the terms and conditions of this
form the services described in the Scope of
ional real estate appraisal services. The -
temporary construction easements, leased or licensed
.xcess/surplus properties, as attached as Exhibit A. City formed. Ani changes mutu 11 -mu ally
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Adam Bursch, MAI, Vice President (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.

E. Personnel. Consultant has or will secure all personnel required to perform the Services required under this Agreement at its own expense. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services. •fills .. • I i
G. Permits and Licenses. Consultant shall
term all necessary licenses, permits, and certificates re under this Agreement, including a business license.

2. Term of Agreement. The term of this
June 30, 2024, unless sooner terminated as pr4

3. Compensation.
applicable federal, state,
I maintain during the Agreement
law for the provision of Services
from the Effective Date through
of this Agreement or extended.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $98,000 (the "Maximum Compensation") for such Services.

B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B. In no event shall reimbursable expenses collectively exceed the total sum of $0.00.

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Pgymen . City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations. A
C. Audit of Records. Consultant shall make all
control sheets and other records maintained by Consultant available during Consultant's regular working hours to City f(

5. Independent Contractor. Consultant is, and sl
independent contractor. Consultant shall have no powc
on behalf of City. Neither City nor any of its agent
Consultant or any of Consultant's employees, except a
shall not, at anytime, or in any manner, represent that it are in any manner employees of City.

6. Information and Documents.
11 at all
invoices, time cards, cost
tion with this Agreement
and audit by City.
to City, a wholly
to incur any debt, obligation, or liability
shall have control over the conduct of
set forth in this Agreement. Consultant
- any of its officers, agents, or employees
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.

N
162

C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

FA
1 ) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with so
163

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed
identical to those in this Section from each and every
involved by, for, with or on behalf of Consultant i
Consultant fails to obtain such indemnity obligatiow,
indemnify, hold harmless and defend the Indemnitee,
law or in equity, whether actual, alleged or threatened of, pertain to, or relate to the acts or omissions of Coi servants, employees, subcontractors, materialmen, cor
employees (or any entity or individual that Consultant
thereof) in the performance of this Agreement, inc
negligence, except for Liabilities arising from the sc
Indemnitees as determined by court decision or by the
with provisions
subcontractor or any other person or entity
i the performance of this Agreement. If
Consultant shall be fully responsible and
from and against any and all Liabilities at
which arise out of, are claimed to arise out
sultant's subcontractor, its officers, agents,
,ultants or their officers, agents, servants or
s subcontractor shall bear the legal liability
uding the Indemnitees' active or passive
e negligence or willful misconduct of the
Agreement of the Parties.

B. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

C. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. a
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1 ) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

M
164

2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
4) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review.

B. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

G. Cancellations or Modifications to Coverage. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.

H. Cily Remedy for Noncompliance. If Co
insurance required under this Section in full force and el in the event any of Consultant's policies do not comply City may either immediately terminate this Agreement (
cost, City may, but has no duty to, take out the nece
expense, the premium thereon. Consultant shall promr
by City or City may withhold amounts sufficient to I
Consultant.

I. Evidence of Insurance.

Consultant shall furnish City's Risk M
original endorsements evidencing and
endorsements are subject to City's apl
of all required insurance policies to Ci
with City's Risk Manager. Consultani
policies expiring during the term of t]
policies providing at least the same c,
weeks prior to the expiration of the col
maintain the policies of
-.ct during the term of this Agreement, or
with the requirements under this Section,
, if insurance is available at a reasonable
�ary insurance and pay, at Consultant's
.y reimburse City for any premium paid
y the premiums from payments due to
oerformance of Services under this Agreement,
a certificate or certificates of insurance and all
.e coverages required under this Section. The
sultant may provide complete, certified copies
mt shall maintain current endorsements on file
le proof to City's Risk Manager that insurance
mt have been renewed or replaced with other
)nsultant shall furnish such proof at least two
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 8 of this Agreement.

K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

10. Mutual Cooperation.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City
reason or no reason, after giving written
termination is to be effective. Consulta
any reason or no reason, after giving,"
termination is to be effective.

B. Obligations Lap
Agreement on or before the eff
the event of City's terminatioi
Consultant, City shall pay Con,
to the effective date of terming
the amount that would be paid
this Agreement. Consultant sh
including any claim for compe
-e this Agreement at any time, at will, for any
isultant at least five calendar days before the
nate this Agreement at any time, at will, for
to City at least 60 calendar days before the
,rmination. Consultant shall cease all work under this
date of termination specified in the notice of termination. In its Agreement due to no fault or failure of performance by t based on the percentage of work satisfactorily performed up In no event shall Consultant be entitled to receive more than nsultant for the full performance of the Services required by ve no other claim against City by reason of such termination,

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, Judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
in
167

15. Notices. Any notice, consent, request,
communication required or permitted under this Agi
deemed effective: (a) on personal delivery, (b) on
Consultant's and City's regular business hours, or
United States mail, by first class mail, postage prep,
as set forth below:

TO CITY:

City of Yucaipa
Attn: Development
34272 Yucah)a Bou
NJ&-mallujour's
d, bill, invoice, report or other
shall be in writing and conclusively
d delivery by courier service during
I Business Days after deposit in the
addressed to the Party to be notified
MM
-r Rosenthal, Inc.

Adam Bursch
Watt Avenue, Suite 200
mento, CA 92581

19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
- - - - - - - - - - - ----
that check. However, ap roval or
of the responsibility and liability of
accuracy and competency of the in.
approval or payment be deemed to b
correcii2i
-1 acceptance by Consultant of the
)e a release of City from all claims
, done, furnished or relating to
any negotiation of City's check or
ten calendar days of the receipt of
)nstitute, nor be deemed, a release
its employees, subcontractors and agents for the
rovided and/or work performed; nor shall such
tion of such responsibility or liability by City for
ultant, its employees, subcontractors and agents.
to the above indemnification obligations, Consultant shall i the work which may be disclosed during City's review of I Consultant fail to make such correction in a reasonably timely le by City, and the cost thereof shall be charged to Consultant. nedies, City may deduct the cost of such correction from any iay withhold payment otherwise owed Consultant under this cost of correction.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

I I Jill
UMMIM

29. Governing Law and Choice of Foi
the relationship between the Parties to this
accordance with the laws of the State of C
effect that ambiguities are to be resolved
interpreting this Agreement. Any dispute tt,
Contract, tort or both) shall be resolved in a
City of Yucaipa.

30. Attorneys' Fees. In aj
its rights under this Agreemer
rights or obligations under thi
attorneys' fees, experts' fees, ,
or other proceeding, in additioi
Hall is open for business.
s Agreement, and any dispute arising from
nt, shall be governed by and construed in
except that any rule of construction to the
he drafting party shall not be applied in
finder or relates to this Agreement (whether
court with geographic jurisdiction over the
ition or other proceeding by which a Party seeks to enforce ;her in Contract, tort or both) or seeks a declaration of any ement, the prevailing Party shall be entitled to recover all er costs actually incurred in connection with such litigation other relief to which that Party may be entitled.

31. Severability. If'a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

-12-
171

The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

By:

Name: Justin Beaver
Title: Mayor
I�w
By:

Consultant:

By:

Name:

Title:

By: _
Name:

Title:

Name: Kimberly J. Metzler CONTRAC'
Title: City Clerk
-13-
172

A-1
173

BRI INCORIPORATED
S EA„
174

6 E N' tt3 E, 1111-Z
a", S E N T Hi,6,
January 10, 2023
Mr. Fermin Preciado, P.E.

Director of Development Services/City Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
RE: Request for Qualifications/Proposals for Providing On -Call Professional Real Estate Appraisal Services to the City of Yucaipa for Fiscal Years 2022/2023 and 2023/2024 wags=
Thank you for the opportunity to submit qualifications/proposals to provide the City of Yucaipa (City) with On -Call Professional Real Estate Appraisal Services as required during the Fiscal Years 2022/2023 and 2023/2024.

Bender Rosenthal, Inc. (BRI) is a California S corporation that specializes in right of way management and planning services, real estate appraisal, property acquisition, relocation, and land services. With over 25 years of service delivery for public sector clients, BRI has tackled almost every conceivable real property issue and has the experience and expertise to provide the City with comprehensive On -Call Professional Real Estate Appraisal Services.

We believe that our strength on this contract ties in these three key factors.

WE ARE MOBILE AND AGILE. With a veritable army of appraisers, we can meet any project schedule as it evolves. BRI can resource load to allow us to incorporate the required team as needed to meet the delivery deadlines.

WE KNOW THE PROJECT AREA, BRI has extensive experience in San Bernadino County, having worked on the West Valley Connector Project, Mountain -Holt and Grove -Holt Intersection Widening Projects and Southern California Edison's West of Devers Transmission Line Upgrade Project.

WE HAVE SEEN IT ALL. BRI's appraisal team is experienced with property types ranging from vacant land or a full block improved with various commercial tenants to agricultural and rural residential properties.

Additionally, BRI has completed appraisals for internal decisions, excess land, affordable housing and right of way acquisition projects.
1, Adam Bursch, Vice President of Appraisal Services, will be the Appraisal Manager and Project Representative for this RFP process. If you have any questions, please contact me by phone at (916) 978- 4900 Ext. 4002 or via email at a.bursch(a benderrosenthal.com.

I have reviewed this proposal and attest to its accuracy. I am authorized to negotiate and execute legal documents on behalf of the company and commit resources for these services.

Respectfully,
BRI
175

COVER LETTER

FIRM PROFILE

OFFICE LOCATIONS

PAST EXPERIENCES

REPRESENTATIVE PROJECTS

KEY STAFF

SUBCONSULTANTS

ORGANIZATIONAL CHART

PROJECT UNDERSTANDING

PROJECT APPROACH

WORK PLAN

BRI DIFFER TORS

APPENDIX - RESUMES

NOT INCLUDED IN PAGE COUNT
2 2
2 3
5 6
6 7
7 8
10 NOT INCLUDED IN PAGE COUNT
BRI
176

FIRM PROFILE
Bender Rosenthal, Inc. (BRI) was founded in 1997 and is a California Certified Small Business and S Corporation that specializes in real estate appraisal, right of way project management and planning, real property acquisition, residential and business relocation, property management and land services. With a diverse staff spread over those disciplines and over twenty-five (25) years of service delivery for public sector clients, BRI has tackled almost every conceivable appraisal and real property issue. Our state-wide valuation practice exposes our staff to micro and macro studies throughout California.

The breadth and depth of knowledge that can be found amongst BRI's employees is one of the strongest in the industry and will be a vital asset in accomplishing the City's objectives.

M PAVAr Isfew• JPF@,
A - MV6
in project delivery and a genuine passion for wanting to get it right

OFFICE LOCATIONS
BENDER

ROSENTHAL
BRI 1 N C 0 R P 0 EZ AT E D
California Certified Small
Business
lzgdmmm�
2825 Watt Ave, Suite 200 750 B St, Suite 3130 117 E. Colorado Blvd, Suite 600 Sacramento, CA 95821 San Diego, CA 92101 Pasadena, CA 91105 916.978.4900 619.359.8389 626.219.1789

PAST EXPERIENCE
Within the last five (5) years, the BRI appraisal team has delivered over 2,700 appraisal documents to clients throughout California, including over 150 assignments located in the County of San Bernardino. By working locally, understand the demographics and economic trends of the regional housing market and will use our collective experience to provide the City with an objective, research based, valuation analysis.

The appraisal assignments featured on the following pages illustrate BRI's ability to complete complex appraisal projects on budget and on schedule.

BRI
177

REPRESENTATIVE PROJECTS

WEST VALLEY CONNECTOR PROJECT
C t I E, Nf
San Bernardino County
Transportation Authority
1170 W 3rd Street, 2nd Floor,
San Bernardino, CA 92410

PROJECT DATES
2021 - Present
IS
REFERENCE San Bernardino County
Victor Lopez, Deputy Director of
Transit and Rail 1 (909) 884-8276
1 [email protected]

VALLEY SOUTH SUBTRANSMISSION PROJECT

REFERENCE
Elizabeth Zelaya, Project
Manager 1 (909) 274-1916 1
elizabeth.zelaya(asce.com
Sou " thern California Edison
Company (SCE)
2 Innovation Way (PIV2), 3rd
Floor, Pomona, CA
91768-2560

PROJECT DATES
2018-2021
to C 0 it N I Y
Riverside & San Bernardino
Counties
This project is a two phase,
35-mile-long bus rapid transit
project, which will be completed
in four (4) segments. BRI is
responsible for Segment 2. The
impacts are predominantly to
commercial properties, including
commercial shopping centers,
two (2) shopping malls, used car
lots, office buildings, restaurants
and two (2) hotels.

This 15-mile project included
the modification and upgrade
of the existing Valley Substation,
sub transmission poles and
overhead lines, distribution and
telecommunication facilities
including 12-miles of new
overhead sub transmission
lines.

BRI has been engaged in multiple
Metropolitan Water District
appraisal task orders, involving
700 North Alameda Street,
102 APNs, under an On -Call Real
Los Angeles, CA 90012-2944
Estate Services contract covering
Metropolitan Water District's vast

PROJECT DATES
5,200 -square -mile service area
2018 -Present
that includes Los Angeles, Orange,
Di- iA _A Q - Q 4 i
110 t.

REFERENCE
Ray Mehta, RWA, Real Estate
Representative 11, Planning Er
Acquisition Unit
(661) 313-7149 1
RMehta(amwdh2o.com
Riverside, San Bernardino,
Los Angeles, & Orange
Counties
ernano
counties.

BRI
178

REPRESENTATIVE PROJECTS

MOUNTAIN AVENUEMOLT BOULEVARD INTERSECTION WIDENING PROJECT C 1, 1�N' '11,
City of Ontario
303 East B Street,
, tail M""14A64 Ontario, CA 91764
49 PROJECT BATES
2016-2018
(OC (,I U N T
San Bernardino County
lep REFERENCE
Jaime Maciel-Carrera,
Associate Engineer 1
(909) 395-21511
[email protected]

PIPELINE SAFETY ENHANCEMENT PLAN

REFERENCE
Andrew 1. Thompson, Land
Services Manager 1
(213) 244-5032 1
athompson(asemprautilities.com
10 REFERENCE
Liz Webb, Project Manager 1
(626) 818-2956 1
Elizabeth,Webb(asce.com
0, 1, 'i E N' 'i'
Southern California Gas
Company
555 West Fifth St,
Los Angeles, CA 90013-1011

PROJECT BATES
2015 - Present
Of C" ("J, U N, f y
San Bernardino, Riverside,
San Diego, Kern, & Imperial
Counties

PROJECT BATES
2016-2019
C � 00 1
J ,, i
Riverside & San Bernardino
Counties
This project widened the
intersection of Mountain Avenue
and Holt Boulevard in Ontario,
The BRI appraisal team was able
to apply market -based appraisal
methodologies to quantify
severance damage impacts which
set the stage for BRI negotiators
to present well -reasoned work
product.','1'1",
BRI's scope was to appraise and
acquire 150'serials' required to
build the project from public
agencies and private property
owners, working directly with
SCE to define the priorities for the
seven (7) project segments,
BRI
179

KEY STAFF
The BRI Team is comprised of diverse and capable appraisal staff. A diverse project team gives us control, consistency, and the ability to adapt quickly. Given our depth and appraisal experience, we can mobilize and de -mobilize resources efficiently in support of any project schedule. The BRI team is able to handle a large volume of projects at a single time ensuring consistency and efficiency.

Key personnel resumes are provided in the Appendix,

ADAM BURSCH, MAI, VP OF APPRAISAL - APPRAISAL MANAGER & PROJECT REPRESENTATIVE A
A California Licensed General Real Estate Appraiser with the MAI designation, Adam has over 20 years of appraisal experience, including appraisal of vacant, agricultural, residential, commercial, and industrial properties. With Adam, you are getting an appraisal manager who genuinely enjoys the challenges of working and guiding the appraisal team, researching, and solving valuation anomalies. While most people believe that an appraisal is an appraisal, he understands that if the appraisals are compromised due to lack of team involvement, the integrity and trust of the entire acquisition process is compromised. With right of way appraisals constituting most of Adam's appraisal work, the City will have objective work products that are research based, analytical and impartial. Adam is currently providing appraisal services for various projects throughout California, including the Prado Dam Reservoir Project. • Providing oversight and Quality Control of the day-to-day appraisal team and documents. • Developing correction and/or mitigation strategies for budget/schedule issues. • Monitoring schedules and enforcing deadlines, ensuring deliverables for each appraisal. 0 Client communication.

DAVID HOUGHTON, MAI - LEAD APPRAISER
David is a consummate DlYer and has seen it all in building appraisal. With 17 years of appraisal experience, he knows how it got there and what it is worth to the penny. He currently provides appraisal services for many property types and has experience in appraising improved owner -user and income - producing properties, as well as speculative land, development land, agricultural land, and residential estate properties. David always approaches an appraisal with the understanding that we are talking about someone's livelihood, putting a price on part of who they are, and David approaches that with all due brevity and integrity. He's been involved with many appraisal assignments in Southern California, with clients ranging from San Diego Association of Governments, Southern California Edison, and San Bernardino County Transportation Authority.

Site visit to the project site to clarify, modify and refine the tasks to be completed. Maintain a diary entry of notifications and contacts.

Oversee market research relating to each impacted property type.

Oversee development of a complete narrative appraisal containing all recognized standards for public acquisition (Zoning, Property Rights to acquired, Highest and Best Use Analysis, Verified Comparable properties, Improvements Acquired, Damages, Cost -to -Cure, etc.) BRI
180

KEY STAFF
BRI is not proposing any subconsultants for this contract, however, should the need arise, BRI has exceptional relationships with a variety of local specialty appraisal firms, and we will engage a qualified subconsuttant at the request of the City.

ORGANIZATIONALTEAM CHART
0 KEY SRI STAFF
0 OTHER SRI STAFF
0 PROJECT COORDINATION
Adam Sursch, MAI,
Vice President
Appraisal Manager & Project
Representative
David Houghton, MAI
Lead Appraiser
Atyssa Vaniman
Project Coordinator
BRI

PROJECT UNDERSTANDING
BRI understands that the City is seeking appraisal services for developed and undeveloped residential, commercial, and industrial properties for full or partial acquisitions, easements, temporary construction easements, leased or licensed properties, and the sale or disposition of excess/surplus properties,

PROJECT APPROACH
Once the City issues a task order, BRI Project Manager Adam Bursch will work collaboratively with the City Project Manager to determine the assignment requirements. Adam will develop the scope, cost, and schedule for each assignment,

PROJECT MANAGEMENT
Each appraisal assignment is a project, so a fundamental understanding of project management is at the core of efficient appraisal report delivery. Adam Bursch, MAI, will serve as the Appraisal Manager and Project Representative for this contract. He has the technical and practical experience to work through solutions with the team and engage team members in those solutions. While some believe that an appraisal is a commodity, Adam's two decades of experience and ability to collaboratively work with clients allow him to understand the unique characteristics of each appraisal type and assignment to deliver a value-added appraisal solution.

PROGRESS REPORTING
Progress reporting requirements may vary based on the task assigned and the level of reporting required by the City Project Manager. The BRI team has successfully used the following methods of progress reporting previously, as determined by assignment needs:
• Weekly conference/meetings with Team.
• Weekly meeting minutes with follow-up action items.
• Weekly status report showing parcel by parcel detail of the various tasks completed. • Monthly report looking at the last thirty days, with a look ahead for the next 30 days.

QUALITY ASSURANCE / QUALITY CONTROL
At the core of any project with multiple involved parties is the need for a system of checks and controls.

Before any document is released to City for approval, it will have undergone a quality check by a senior professional. Our QA/QC plan will address two types of checks to be provided on all appraisal reports:

1. Detail Check (DC) — Checking for completeness, consistency, numerical and verbal accuracy. correct spelling, grammar, and syntax,

2. Independent Technical Review (ITR) — A review checking that approach, methodology, reasoning, and conclusions are appropriate and conform to the Uniform Standards of Professional Practice, applicable laws, and specific assignment conditions for the appraisal.

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WORK PLAN
An appraisal is an opinion of value rendered after following a defined process. When performing appraisal activities, all licensed appraisers in the State of California must follow, at a minimum, the Uniform Standards of Professional Appraisal Practice (USPAP). Below is a brief overview of BRI's appraisal process.

BRI will develop the Notice of Decision to Appraise (NODA) letter, and upon approval of the City's Project Manager, BRI will send the NODAs to the owners of record. Then, BRI will meet with the property owner and make a personal inspection of the subject parcel(s) to be appraised, including all improvements, structures, appurtenances; or other elements of value,
BRI will perform an investigation and analysis of the subject's market area, as well as the -entire regional area, for social, economic, governmental, and environmental forces and trends that affect or could influence property values.
®. : fl R s . • •' i .. .: ^ .: . ! • f •. a • .. • «.
thoroughly exami
The subject, market, and other relevant data will then be analyzed for the purpose of providing an opinion of the defined value for the subject property. All economic forces and factors are considered in arriving at the highest and best use and valuation of the subject property. The conclusion dictates the appropriate comparable data that is used in valuing the property.

Following the highest and best use determination, the applicable valuation approaches are determined and applied. The typical valuation approaches include the Sales Comparison, Income and Cost Approaches. One or more of these approaches may be applicable depending upon the unique valuation situation and property type.
1 For Right of Way Appraisal projects, once the larger parcel value is determined, the value of the proposed acquisition and any damages due to the project will be valued. In addition, BRI will value any associated temporary construction easements that impact the parcels.

RI
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-ys, -cott -cur
C'#Tf (-PT(Tvue 0-1 - —aff TIPP i Lit TlappraTsarm -fff r ri ap�wuca=i of the approaches applied, the highest and best use conclusions upon which each approach is based, the defined value indicated by each approach, and the real property interests being appraised. BRI will reconcile the various value indications provided by the approaches into a specific dollar value or a range 9 value opinion, Typically, a specific dollar value is opined, Following application of the previous steps, BRI will prepare a USPAP compliant appraisal report that meets all statutory requirements given the property type and assignment.

WAIVER VALUATIONS
If it is anticipated that the property rights needed will have a value of less than $10,000, and the valuation problem is uncomplicated with adequate market data available, the City may establish that an appraisal is not required and request preparation of a Waiver Valuation instead, A Waiver Valuation does not require the same level of assessment and can be completed at a rate less than an appraisal. Waiver Valuations cannot be used for condemnation purposes therefore should not be used on parcels that may require eminent domain proceedings.

SPECIALTY APPRAISAL SERVICES
Should the need arise, BRI has a team of subconsultants to provide specialty appraisal services for the County. Specialty services may include Independent Review Appraisals, Goodwill and Business Appraisals, Furniture, Fixtures, Machinery & Equipment (FF&E) Appraisals or Mineral and Subsurface Appraisals, BRI would provide oversight to these firms and manage their work on each assignment and an overview of these firms, and their qualifications will be provided to the City as needed.

SRI
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BRIDIFFERENTIATORS
PROFESSIONAL EXCELLENCE: In the appraisal profession, achieving the designation of MAI is the pinnacle of achievement. BRI currently employs four (4) MAI designated appraisers, and through the continued mentoring of our junior staff, BRI anticipates having additional MAIs in the future. Our total team of eight (8) licensed appraisers plus research staff makes BRI the ideal firm to support the City. BRI's appraisers have an average of twenty (20) years of experience.

DEMONSTRATED COMPETENCE: BRI has completed numerous projects in Southern California and is currently under contract working on projects varying in complexity from the West Valley Connector Project in the City of Ontario to the Valley Ivy -Glen Subtransmission Project in San Bernardino and Riverside Counties. Additionally, BRI is providing As -Needed Appraisal Services for nearby communities for clients including the San Bernardino County Transportation Authority, Riverside County Transportation Commission, City of Irvine, City of Moreno Valley, City of Highland, City of Encinitas, San Diego Association of Governments, San Diego Gas and Electric Company, North County Transit District, and the County of San Diego, among others. 40 SPECIALIZED EXPERIENCE: BRI has provided appraisal services for partial acquisitions in support of roadway improvements and other infrastructure projects throughout Southern California and having former Caltrans employees on the team has proven to be an asset when completing Right of Way Certification for projects with Caltrans oversight, 40 STAFF CAPABILITY AND AVAILABILITY: BRI has eight (8) licensed appraisers with collective experience throughout California working on appraisals for all types of land uses for various infrastructure projects. Delivery of large, complex appraisal projects is BRI's core competency. The BRI appraisal team has completed over 2,750 appraisals over the last five years for hundreds of clients state-wide. BRI has also worked for numerous governmental agencies, private entities, and individuals and understand the unique requirements of commercial, residential, industrial, and vacant properties, Not only does BRI have the technical appraisal competence to provide appraisal services, but also the management experience to provide timely updates to each task order status. 0 RELIABILITY AND CONTINUITY OF FIRM: BRI has been in business for over 25 years. BRIs growth from a three -person company to over 50 employees can be attributed to BRI's ability to retain key clients by ensuring delivery of appraisals and appraisal reviews that meet, and often exceed, their expectations,
BRI
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APPENDIX
BRI
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L" E N'D E R
P", 0 S ENI TI kw
BRI NCOPP"OPIAIED'
A graduate of Humboldt State and closet disco -lover, Adam Bursch is one of our more unexpected personalities in the land of appraisal.

A favorite with all of his clients, he has been involved in real estate appraising and consulting since 2002 and his professional experience in real property appraisal encompasses a wide range of property types. His experience with the valuation of varied uses as industrial, office, retail, multi -family, mobile home parks, self -storage facilities, residential subdivisions, churches, and vacant land have made him a terror to opposing counsel on the expert witness stand. Adam manages large and small-scale right of way appraisal projects throughout CA.

AN
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BRI
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E t 4 ED, E,' P
P 0 5 E N'T H,4 L
BRI MC0P,,.,,,TE., DAVID HOUGHTON
David is a consummate DlYer. What this means is that David has seen it all in building appraisal and knows how it got there and what it is worth to the penny. This makes him our ringer in the appraisal of new construction and existing retail, office projects, industrial buildings, proposed sub -divisions, multifamily developments, and speculative land in both Northern and Southern California. David currently provides appraisal services for many property types and has experience in appraising improved owner -user and income - producing properties, as well as speculative land, development land, agricultural land and residential estate properties across California,

REPRESENTATIVE PROJECT EXPERIENCE
17 Years of Experience
8 Years with BRI
B.S. Business Management,
University of Phoenix

LEAD APPRAISER
a 0
BRI

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EXHIBIT
t:
! F.!

BENDER
ROSEN'rHAL
Principal Project Manager
$250/hr.

Senior Project Manager
$225/hr.

Project Manager
$190/hr.

Assistant Project Manager
$150/hr.

Senior Quality Control Auditor
$180/hr.

Senior Project Controller
$160/hr.

Senior Right of Way Specialist
$175/hr.

Senior Acquisition Agent
$150/hr.

Acquisition Agent
$120/hr.

Senior Relocation Agent
$140/hr.

Relocation Agent
$110/ hr.

Senior Project Coordinator
$135/hr.

Project Coordinator
S100/hr,
*NOTE: For court or briefing preparation, depositions, any pre-trial conferences, court appearances, and related activities, the hourly rate is $450.

Rates are valid January 1, 2023 through December 31, 2023.

Valuation Services, including appraisals, appraisal reviews, and waiver valuations will be billed as lUmp surn services with the fee determined upon receipt of the scope of work.

Subconsultant Invoices witt be marked up by 5% for processing services. t

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW

REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute "publicworks" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter I"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter I and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in I (a) and I (b) as though set forth in full herein.

4. Purs S&tion 1771.4, Consultant's Services are
fbrcementbyDIR. Consultant shall post job
r I ions.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of perdiem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per them wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1774 and 1775 concerning the payment of prevailing rates of wages to workersand the penalties for failure to pay prevailing wages. The Consultant shall, as a penaltyto City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which theworker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

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8. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform
M
other federal or state law•r•vi
works. The Consultant•Sub'
fie HOW PL flus-L
all immediately notify City.

10. ConsulteAt 'acknowledges that eight hours labor constitutes a legal ; shall comply with and be bound by Labor Code Section
all comply with and be bound by the provisions of Labor Code ing p�Lfties for workers who work excess hours. The
penalty to City, forfeit $25 � 00 for each worker employed in the ent by the Consultant or by any subcontractor for each
chsuch worker is required or permitted to work more than a M & e-. ffj A a I t ew W4
M-111MOM- M-10
day at not less than one and one-half timesthe basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employerwill be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies asfollows-
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13. To the maximum extent
hold harmless and defend (at Cot
acceptable to City) City, its officials,
contractors servingin the role of City
demand or claim for damages, comper
out of or incidental toany acts or on
(including consultant, i
employees and agents) in
the Agreement, includi
damages, attorneys' fee
Consultant under this Sei
ted by law, Consultant shall indemnify,
's expense with counsel reasonably
rs, employees, agents and independent
s, and volunteers from and against any
fines, penalties or other amounts arising
; listed above by any person or entity
and each of their officials, officers,
work undertaken or in connection with
rithout limitation the payment of all consequential
d other related costs and expenses. All duties of
shall survive the termination of the Agreement.

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Yucaipa City CouncilFebruary 27, 2023

Yucaipa City Council
February 27, 2023