Request for Proposal for Real Estate Valuation and Real Estate Acquisition Agent Services

Transcription

1 December 6, 2012 Mr. Les Sterman Chief Supervisor of Construction and the Works 104 United Drive Collinsville, IL RE: Request for Proposal for Real Estate Valuation and Real Estate Acquisition Agent Services Dear Mr. Sterman: Bernardin Lochmueller & Associates (BLA) is pleased to submit this proposal to provide Land Acquisition Services including real estate valuation and negotiations and acquisition services for the Southwestern Illinois Flood Protection District Council. We have included, as part of our proposal, a Technical Approach that describes how BLA will complete the assignments in an efficient and thorough manner, a summary of our past experience with appraising and acquiring right-of-way for major projects, and information about the key personnel that will provide the services for the Council. BLA is experienced in providing a wide range of land acquisition services. Our experience, along with the quality of our work, will provide the Council with the high level of professional service required for this contract. BLA has 26 employees in its Maryville, Illinois office and given that all of those employees are residents of Madison, Monroe or St. Clair Counties, we have a vested interest in seeing that the levee improvements are completed for the betterment of the region. BLA will provide the services described in the proposal and understand that it is important to the Council that the affected properties are evaluated and the required right-of-way and easements are acquired on schedule so there are no delays in proceeding with construction of the levee improvements. We also realize the importance to the Council that the concerns and rights of the property owners be recognized and addressed while keeping the project on schedule. The terms of this proposal are firm for a minimum of ninety (90) days. Bernardin Lochmueller & Associates appreciates the opportunity to submit this proposal and looks forward to serving the Council. Should you have any questions or need additional information, please contact me at , ext. 224, or by at jwatters@blainc.com. Sincerely, Bernardin Lochmueller & Associates Jason A. Watters, PE Principal, Manager of Maryville Office

2 Proposal for Real Estate Valuation & Real Estate Acquisition Services December 7, 2012 ENGINEERING PLANNING ENVIRONMENTAL SERVICES

3 Bernardin Lochmueller & Associates (BLA) has assembled an experienced team of experts who have been responsible for the right-of-way acquisition for numerous major transportation projects. We ensure that appropriate effort will be given so that the goals of The (Council) and the concerns of the property owners are balanced, and that all acquisition procedures comply with state and federal regulations and statutes. The following is the Approach we will take on your project: Approach The Council will provide strip map surveys, taking boundary surveys, easement exhibits and legal descriptions prior to BLA beginning work on an individual parcel. We will begin work on preliminary acquisition activities within three days of receiving the signed Acceptance of Proposal for Professionall Services. These activities include the review of ownership information, review of property sales in the project areas and development of a comparable sales file, and setting up of the project database. Valuations of properties will begin when the individual easement plats are completed. BLA will prepare an appraisal report for each parcel or will develop a range of property values for each of the various types of property usage for determining the just compensation to be offered to the property owners. Negotiations with property owners for the acquisition of right-of-way and easements will begin after the Council has approved the appraisals or property valuations for the parcels and all owners will be contacted and offers presented within 45 days of completion of the appraisals. BLA will make a reasonable effort (a minimum of three personal contacts and a maximum of five personal contacts) to negotiate with a property owner and reach a conclusion on the acquisition of the needed right-of-way. For all parcels not acquired after four months, BLA shall prepare a written summary of the progress of negotiations for the Council. The Council will then provide instruction to BLA as to the next step to be taken to either acquire the property through eminent domain or continue negotiations with the owner in an attempt to reach a settlement. We propose to implement the following innovative methods to provide service to property owners and maintain consistency in all aspects of the land acquisition process. 1. The Project Manager will be the single point of contact with the Council office during this project. The Project Manager will work directly with Council personnel to obtain answers or resolve problems involving counter-offers from owners, utility relocation, access, development of the construction plans, or environmental issues. 2. We will apply unique quality control measures during the course of the contract including conveyance documents for all parcels will be prepared by a Document Specialist. The Document Specialist will review all title commitments and see that required conveyance documents are completed so that any title objections are cleared. Upon award of the contract, the Project Manager will prepare the Quality Assurance Plan and submit it to the Council for approval. Following approval of the Quality Assurance Plan, BLA intends to employ the process outlined below to perform the work required for this contract. Upon Notice to Proceed, the following tasks will be accomplished: The Project Manager will discuss the assignment in detail with the Council staff. As part of this discussion, the Project Manager will gain an understanding of the proposed improvements and work with Council staff to establish a project schedule that is satisfactory to the Council. Upon initiation of project, BLA will develop a project database that will be used to track the status of each parcel through the acquisition process. All pertinent items such as title commitment, ownership, mortgage, tenant information, negotiation notes and dates of plat and legal description release will be maintained in the database. This will enable us to provide a variety of status reports to the Council on a regular basis. As the property survey plats are completed, the parcels will be assigned to appraisers for the development of either an appraisal report or a valuation range for the specific type of property involved. If individual appraisals are required for P a g e 1

4 each parcel, the BLA team appraiserr will prepare the appraisal and share the comparable sales information that is obtained with other appraisers on the project so that a comparable sales file is developed for the project. If a valuation range for each property type is to be developed, again, the appraiser will compile comparable sales information and provide a range of values to be utilized in the negotiation process. The Project Manager will assign parcels to the team negotiators. The BLA negotiators will make all offers to property owners in person if at all possible.. The negotiators will maintain direct contact with the owners throughout the negotiations process to provide personal interaction and promote positive involvement with the public. The Project Manager will routinely provide the status of parcels to Council staff during the negotiation process in the form of Project Status Reports. The required eminent domain notice will be issued by the team negotiators as directed by Council staff. All negotiations will continue until settlement is reached or until the Negotiator, Project Manager, and the Council jointly agree that condemnation is necessary. Once the property owner has agreed to sign, the team negotiator will prepare the closing documents, clear any outstanding title issues, and meet with the owners in person, if possible, to secure executed conveyance documents from the property owner. The file willl be submitted to the Project Manager for review priorr to submittal to the Council office. The file will be reviewed to assure that all documents, releases, etc. necessary to clear title for a parcel have been obtained and the parcel is ready for warrant request. The parcel file will then be submitted to the Council office by the Project Manager. Throughout the negotiation of parcels for acquisition, the Project Manager will discuss the property owners concerns with the Council staff. The Project Manager will also work directly with Council personnel to evaluate counter-offers and determine the best course of action for completing acquisitions. Any suggestions with regard to additional contacts, settlement efforts or initiation of the eminent domain process will be implemented. In the event that settlement is not possible, the negotiation file will be forwarded to the Council office. The Project Manager shall work with condemnation proceedings. A. Related Project Experience & Past Performance the Council to assure that team representatives are available for testifying at BLA staff members have provided and/or managed a full range of land acquisition services and provided expert witness testimony in eminent domain hearings for the following projects: Seiler Road Reconstruction for Madison County, Illinois. The project consisted of the widening and reconstruction of approximately 3 miles of roadway in Madison County. Steve Thompson and Jerry Greenwood prepared waivers of appraisal and non-complex appraisals, and Ed Slaton and Jerry Greenwood provided negotiation services for the acquisition of 50 parcels. Contact: Gary Stahlhut, PE, County Engineer, See for Letter of Reference on Page 4. Old Collinsville Road in Fairview Heights and O Fallon, Illinois. The project consisted of the widening of two-lane pavement to three-lane pavement and construction of shoulders, curb and gutter and sidewalks in an urban environment. Todd Halfman, Bill Seibel and Ed Slaton were involved in negotiations for the acquisition of 36 parcels in accordance with Federal policies and procedures and they obtained the certification of the Land Acquisition process so the project was eligible for Federal Funding. Steve Thompson provided appraisals and Ron Auld provided appraisal reviews for the project. Contact: Chris Volkman, Fairview Heights City Engineer, ; Dennis Sullivan, O Fallon City Engineer, See Letter of Reference on Page 4. P a g e 2

5 Crude Oil Pipeline in Hartford, Illinois for Valero Pipeline Provided appraisal services, ownership research, project management and negotiations for the acquisition of 12 permanent easements for the installation of a crude oil pipeline from the Mississippi River to a tank farm terminal in Hartford. Todd Halfman served as Project Manager and Ed Slaton provided extensive research for ownership of property and easement histories of properties over the past 150 years. Contact: Roy Chance, Valero Pipeline Right of Way Analyst, High Speed Rail from Chicago to St. Louis, IDOT, Central Office. Land acquisition process which includes the appraisal, negotiation, relocation, and condemnation of parcels needed for railroad expansion and roadway improvements associated with the High Speed Rail project. Responsibilities include coordinating the work orders and schedules with IDOT and the High Speed Rail team; ensuring that the correct land acquisition procedures are followed and performed in a timely, efficient manner; and providing coordination of property owner requests to the Department to ensure that any required parcel changes are effectively communicated with the Department staff and design consultant. Todd Halfman served as Contract and Project Manager; Todd Halfman and Ed Slaton as negotiators; and Lance Lunte, Steve Thompson and Jerry Greenwood prepared appraisals for properties within the corridor. Contact: Steve Warren, Central Bureau of Land Acquisition, Illinois Route 159 Widening in Collinsville, IDOT District 8. The project involved the widening of the three-lane pavement to four and five lanes through the City of Collinsville. BLA managed this contract for IDOT as a turn-key project and completed all land acquisition activities for the acquisition of over 230 parcels through a tight urban corridor. The project required the relocation of over 20 businesses, 10 residencess and 3 outdoor advertising signs, as well as the preparation of six specialty reports for the partial demolition of buildings and reconfiguration of two convenient store/gas stations. Cindy Watters served as Contract and Project Manager and Todd Halfman, Ed Slaton and Bill Seibel served as Negotiators. Lance Lunte, Steve Thompson and Jerry Greenwood prepared appraisals and Roan Auld provided appraisal reviews. Steve Thompson and Lance Lunte also provided expert witness testimony for eminent domain hearings and trials as needed. Contact: Mike Myler, Land Acquisition Manager, Illinois Route 3 in Waterloo, IDOT District 8. This project involves the widening of Illinois Route 3 to five lanes with major intersection improvements. Cindy Watters provides project management and Ed Slaton and Todd Halfman are providing negotiations for the acquisition of 35 parcels that included relocation of Vandebrook Road, and significant damage to the remainder properties. Lance Lunte and Steve Thompson have prepared complex appraisals that involve significant damage to the remainder due to severance and proximity, and Ron Auld provided appraisal reviews.. Steve Thompson and Lance Lunte will also provide expert witness testimony for eminent domain hearings and trials as needed. Contact: Mike Myler, Land Acquisition Manager, FA 310 (U.S. Route 67) from the Madison/Jersey County line to the New Delhi Bypass, IDOT District 8. This project involved the construction of a four-lane divided freeway between Godfrey and Jerseyville. Ed Slaton and Todd Halfman served as Negotiators for the acquisition of 52 parcels that included relocation, acquisition of access rights, and significant damage to the remainder properties. Lance Lunte prepared complex appraisals that involved acquisition of access rights and significant damage to the remainder due to severance and proximity. Lance Lunte also provided expert witness testimony for eminent domain hearings and trials as needed. Contact: Mike Myler, Land Acquisition Manager, P a g e 3

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7 B. Project Personnel Availability & Delivery Schedule BLA has provided land acquisition services for local agencies since Since that time, we have developed an in-house land acquisition group that is unsurpassed in terms of experience and diversity. Seven of our key staff members have land acquisition experience and we are able to provide appraisals, negotiations, document preparation, review and clearing of title, engineering expertise and court testimony in accordance with State of Illinois statutes. We have assembled a highly-qualified team comprising a Project Manager, Negotiators, and Appraisers to successfully deliver the services the Council requires for this contract. In the past several years, we have hired and trained personnel to form an extensive in-house staff to perform the majority of tasks required for this contract. This enables us to control the quality and delivery of services. Our selection of Volkert Associates as sub-consultant adds additional personnel with extensive appraisal and acquisition experience to our project team, allowing us to keep the project on schedule and meet the challenge of appraising and acquiring 200 parcels across three counties. FIRM VOLKERT, INC. NUMBER OF FIELD OF EXPERTISE PERSONNEL APPRAISAL & APPRAISAL REVIEW 3 NEGOTIATION 4 ADMINISTRATIVE SUPPORT 4 QUALITY ASSURANCE 1 APPRAISAL 1 NEGOTIATION 2 The BLA team includes the following individuals: Todd J. Halfman, PE Project Manager and Quality Assurance Todd J. Halfman joined Bernardin Lochmueller & Associates in April 2007 bringing 26 years of engineering expertise involving all facets of transportation engineering. He is a Senior Engineer with Bernardin Lochmueller & Associatess and manages and provides negotiation services on land acquisition projects. Prior to joining BLA, Mr. Halfman was the Land Acquisition Engineer for the IDOT District 8, where he supervised an annual acquisition program of as much as $17 million. He managed the Land Acquisition unit as it pursued its program of acquiring over 400 parcels on 10 to 20 projects per year. Since joining the private sector, Mr. Halfman has served as the Project Manager and Senior Negotiator for IDOT and local agency contracts, coordinating the appraisals and appraisal reviews and negotiating for the acquisition of over 1500 parcels. He will be responsible for the daily management of the assigned work and will be the main point of contact for the Council. Mr. Halfman will coordinate the activities of the appraisers, review appraisers and negotiators, and he has considerable experience in working with design, utility and access issues. Mr. Halfman served as Condemnation Engineer for IDOT District 8 for six years and has testified at numerous quick-take hearings and eminent domain trials including hearings before the Illinois Commerce Commission relating to acquisition of property and easements from railroad companies for highway projects. He also has an extensive background in the preparation and management of cases for jury trial. Mr. Halfman will serve as the Project Manager and provide Quality Assurance for this project. He willl provide direct contact with the Council to resolve property owner s issues and concerns relating to the project. P a g e 5

8 Cynthia L. Watters, PE Quality Assurance Real Estate Valuation & Real Estate Acquisition Services Cynthia L. Watters joined Bernardin Lochmueller & Associates in July 2007 with over 14 years of experience in transportation engineering including 13 years with IDOT in various positions. While working in the District 8 Land Acquisition Section, she managed the Acquisition Unit and ensured that all parcels were acquired in accordance with IDOT policies and procedures. Her responsibilities included management of the in-house and fee negotiators and ensuring that all right-of-way and easements required for roadway projects were acquired in accordance with IDOT policies and procedures. She also served as District Programming Engineer for 4 years and was involved in the programming of land acquisition projects during that time. While at BLA, Ms. Watters served as Project Manager for the IL Route 159 expansion project in Collinsville, Illinois. She successfully managed the on-schedule acquisition of 235 parcels. The project included the relocation of over 20 businesses, 10 residences and 3 outdoor advertising signs, as well as the preparation of six specialty reports for the partial demolition of buildings and reconfiguration of two convenient store/gas stations. Ms. Watters has experience in highway planning, hydraulics, geometric studies, intersection design and capacity analysis, project report preparation, and plan preparation. She will provide Quality Assurance for this contract. Lance D. Lunte, MAI Senior Appraiser Lance D. Lunte established Lunte Realty & Appraisal Company in 1989 and he joined Bernardin Lochmueller & Associates in He is a Certified General Real Estate Appraiser, r, licensed in Illinois, and holds the MAI designation with the Appraisal Institute. He has provided appraisal services for parcels on numerous central and southern Illinois transportation projects over the past 15 years. Recent major projects include: Illinois Route 159 in Collinsville; New Mississippi River Bridge in East St. Louis; Illinois Route 159 from Interstate 270 in the Village of Glen Carbon to Center Grove Road in the City of Edwardsville; Illinois Route 159 from Interstate 55/70 to Illinois Route 162 in the Village of Maryville; and Illinois Route 13/15 within the limits of the Village of Freeburg. Mr. Lunte is a highly qualified real estate appraiser and will serve as Senior Appraiser for this contract. He will prepare appraisal reports on assigned parcels and provide depositions and courtroom testimony in support of his appraisals, if needed. Steven P. Thompson Appraiser Steven P. Thompson joined Bernardin Lochmueller & Associates in 2009 and is a Certified General Real Estate Appraiser in Illinois. He has over 23 years of experience in the appraising and acquisition of property for highway projects. He is skilled in eminent domain appraisals and residential and commercial land valuations. Mr. Thompson has prepared appraisal reports for projects in central and southern Illinois and most recently completed over 90 appraisals on the Illinois Route 159 project in Collinsville that dealt with complex issues relating to proximity damage, loss of parking, revisions to access and reduction in size and utility of the remainder. Mr. Thompson is a Certified General Real Estate Appraiser in Illinois, Missouri, and Indiana. He will serve as Appraiser for this contract and will be available for testifying in eminent domain proceedings, if necessary. Edgar E. Slaton Negotiator Edgar E. Slaton joined Bernardin Lochmueller & Associates in April 2007 after 18 years of service with IDOT in their District 8 office in Collinsville, Illinois and two years in the private sector. With BLA, he is responsible for assisting state DOTs and local agencies with their land acquisition needs. Mr. Slaton held a variety of positions during his career with District 8 including CADD Supervisor, Senior Squad Leader Plats and Plans, and for the last 2½ years, Acquisition Manager. While Acquisition Manager, Mr. Slaton P a g e 6

9 managed 15 to 20 negotiators and/or relocation specialists and was responsible for the acquisition of over 700 parcels, including approximately 80 parcels that involved relocation, with an estimated value of $10.5 million. He has an extensive background in negotiations and in the review of conveyance documents so that parcels are acquired in accordance with IDOT policies and procedures. Mr. Slaton will serve as a Negotiator for this contract. He is an IDOT-approved fee negotiator and will provide direct owner negotiations on behalf of the client. He will develop and maintain a database that tracks the status of all parcel assignments for land acquisition services. This database will generate status reports in a variety of formats for use by BLA s team members and the Council. Jerry Greenwood Associate Real Estate Trainee Appraiser, Negotiator Jerry Greenwood joined Bernardin Lochmueller & Associates in 2007 and is currently preparing to become a Certified General Appraiser and is an IDOT-approved fee negotiator. Mr. Greenwood will serve as an Appraisal Trainee and a Fee Negotiator for this contract, but he will not provide both services on the same parcels. He has prepared appraisals and value findings for approximately 150 parcels and he has negotiated the acquisition of approximately 100 parcels for IDOT and local agency projects. Mr. Greenwood is a licensed Associate Real Estate Trainee Appraiser in the State of Illinois, and he will prepare appraisals under the guidance of a Certified General Appraiser.. He will also provide assistance in research of comparable sales, search of county records, and review of local zoning ordinances for the other appraisers on this contract. William J. Seibel Negotiator Bill Seibel joined Bernardin Lochmueller & Associates in the fall of 2008 with over 15 years of transportation-related experience in land acquisition, outdoor advertising, and CADD. He has extensive experience in researching and clearing of title, has acquired over 200 parcels on complex highway projects, and was the IDOT Outdoor Advertising Permit Manager for over 2 years. Mr. Seibel will serve as a Negotiator for this negotiations on behalf of the client. contract. He is an IDOT-approved fee negotiator and will provide direct owner Mary Kay McGarry Document Specialist Mary McGarry joined Bernardin Lochmueller & Associates in April 2007 after a 33-year career with IDOT, and she has over 23 years of land acquisition experience in preparing conveyance documents and the various documents required to obtain clear title to property. Ms. McGarry has prepared thousands of warranty deeds, permanent and temporary easements, affidavits, releases and corporate resolutions and is extremely familiar with state and federal policies and procedures related to acceptable formatting of documents. She will prepare the conveyance documents, introductory letters and offer packets on projects, and works with the client to assure that all completed work is prepared in accordance with their requirements. Janet Lintker Document Specialist Janet Lintker joined Bernardin Lochmueller & Associates in 2008 and has over 14 years of experience in the preparation of documents and reports. Ms. Lintker will assist in the preparation of warranty deeds, permanent and temporary easements, affidavits, releases and corporate resolutionss and condemnation packets. She is familiar with state and federal policies and procedures related to acceptable formatting of documents. She will assist in the preparation of the conveyance documents, introductory letters and offer packets on projects, in accordance with their requirements. P a g e 7

10 JoAnn Lunte Project Support JoAnn Lunte joined BLA in 2008 and has over 20 years of experience in the assembling of appraisal reports. Ms. Lunte has prepared and assembled thousands of appraisal reports and waiver valuations and is very familiar with state and federal policies and procedures related to the preparation of these reports. Ronald C. Auld Review Appraiser Ronald C. Auld joined Volkert & Associates in Prior to that, Mr. Auld was employed by IDOT as a Staff Appraiser and Review Appraiser in the District 8, Collinsville Office. He has provided appraisal and appraisal review services on numerous projects in District 2, 6, 7, 8 and 9, including Illinois Route 159 in Collinsville, Illinois, Route 15 between Bellevillee and Freeburg, Illinois Route 255 in Madison and Jersey Counties, Illinois Route 159 between Belleville and Hecker, and Illinois Route 162 in Troy. Mr. Auld is a licensed Certified General Real Estate Appraiser in the State of Illinois and he is on the IDOT-approved fee appraiser and fee review appraisers list. Mr. Auld will serve as a Review Appraiser on this contract. He will prepare appraisal reviews on assigned parcels and will be available for testifying in eminent domain proceedings if needed. Michael Evans Negotiator Michael Evans joined Volkert & Associates in 2007 and he has over 35 years of Land Acquisition experience in negotiations for the acquisition of property for public transportation projects and providing relocation assistance to displaced individuals and businesses in accordance with federal law. Mr. Evans has provided negotiations and relocation services on numerous major projects in Illinois, including the Mississippi River Bridge at St. Louis and Illinois Route 255 in Madison and Jersey Counties. Mr. Evans is an IDOT-approved fee negotiator and he will provide that service for this contract. Dan Turner Negotiator Dan Turner joined Volkert in 2007 and he has over 32 years of experience in the acquisition of property for public projects. He specializes in negotiations, relocation and title review and can assure that property is acquired so that all interest is conveyed to the county and any mortgages, tenancy issues and title objections are resolved by the acquisition. Mr. Turner has provided negotiations services and review of conveyance documents on projects such as the Mississippi River Bridge at St. Louis, Illinois Route 255 and for a major utility project for AmerenUE Power. Mr. Turner is an IDOT-approved fee negotiator and he will provide direct owner negotiations on behalf of the client for this contract. WORK PLAN All of the team members are available to dedicate 50% 75% of their time to this project. BLA will have four appraisers available at the onset of the project to appraise or establish value for the 200 parcels. It is anticipated that if survey plats and legal descriptions for all required parcels are available to the appraisers within one month of initiation of the project, the valuations can be completed in three months. BLA will have six negotiators available at the onset of the negotiation phase to meet with property owners to acquire the right of way and easements. It is anticipated that the first appraisals and valuations will be available within one month after the project begins, and appraisals will be released to negotiations as completed so there is a steady stream of appraised parcels moving to negotiations. This allows five months to negotiatee the 200 parcels, using six negotiators on the team. P a g e 8

11 The majority of the property owners on this project are business entities, corporations, utilities and government agencies. It is our experience that the acquisition of right-of-way from these types of property owners are the most difficult to resolve in a timely manner due to the complexities within corporate structures and in meeting with decision-makers to work through the issues related to the project. Though not an option for acquiring easements from utility companies or government agencies, we recommend the use of eminent domain for the acquisition of the parcels that cannot be resolved through normal negotiation efforts or to clear any title problems that may be discovered during negotiations. BLA team members have extensive experience in the use of eminent domain in acquiring property for public projects, as indicated in the previous personnel summaries. C. Rate & Cost Schedule The tables below show BLA s hourly fees and cost range for the services provided on this project. SERVICE Appraisal Appraisal Valuation Range Negotiation Expert Testimony AVERAGE HOURLY RATE $130 $130 $100 $150 Mileage and postage are in addition to the hourly rates. SERVICE COST RANGE Appraisal $1,000 - $5,500 / Parcel Appraisal Valuation Range $350 - $1,000 / Parcel Negotiation $1,500 - $4,000 / Parcel Expert Testimony $125 - $175 / Hour Mileage and postage are includedd in the cost range for the various service items EXPENSES: Copying fees at courthouses for deed and easement records, death certificates, estate records, etc, will be billed at cost. County Recorder fees for recording documents will be billed at cost. D. Conflict of Interest BLA does not have of any conflicts of interest regarding relationships with potentially affected property owners of this project. E. Professional Liability Insurance BLA has adequate insurance to meet this requirement. P a g e 9

12 3 Oak Drive Maryville, Illinois