A response to Request For Proposal

A response to Request For Proposal FOR LAND ACQUISITION SERVICES IN MADISON, ST. CLAIR AND MONROE COUNTIES Submitted by Phil Johnson, Realtor 2888 Keswick Court Swansea, IL 62226

Phil Johnson Realtor Land Acquisition Services & Real Estate Consulting 2888 Keswick Court (618) 407-7853 CELL Swansea, IL 62226 (618) 235-8106 FAX philj49@charter.net December 7, 2012 Mr. Les Sterman Chief Supervisor of Construction and the Works Southwestern Illinois Flood Prevention District Council 104 United Drive Collinsville, IL 62234 Dear Mr. Sterman : We are pleased to submit our qualifications for Land Acquisition Services for the reconstruction of the levee system in parts of Madison, St. Clair and Monroe Counties. By this letter, we accept the provisions of the RFP dated November 8, 2012. This proposal shall remain valid for a minimum of 180 days. In submitting our proposal, we offer the Southwestern Illinois Flood Prevention District Council: THE RIGHT TEAM THE RIGHT PEOPLE with broad based experience in all phases of land acquisition and a proven understanding of local property values. with strong local community involvement and a good working knowledge of State and Federal land acquisition guidelines. THE RIGHT APPROACH an effective plan to meet or exceed the time line proposed by the Council and within budget. We respectfully encourage your favorable consideration. Sincerely, Phil Johnson

TABLE OF CONTENTS Introduction 1 I. Professional Qualifications 2 II. Major Acquisitions 3 III. Past Clients 3 IV. Approach To The Project 4 V. Rate & Fee Schedule 6 VI. Contractual Agreement 6 VII. References 7 INTRODUCTION The information provided in this proposal has been organized to respond to the proposal requirement established by the Southwestern Illinois Flood Prevention District Council. Having reviewed the project, and on the basis of Phil Johnson s experience completing similar assignments, we are confident in our team s ability to successfully complete the Land Acquisition Services for the reconstruction of the levee system. The project team will include Phil Johnson, Matt Barriger and Craig Hiser, all of whom are approved Fee Negotiators for the Illinois Department of Transportation. These people are also Licensed Real Estate Brokers as required by the Illinois Department of Professional Regulation. These people also have extensive experience in large acquisitions for projects such as MidAmerica Airport, Metro Link and Frank Scott Parkway from Millstadt to Shiloh. These projects were completed by the former Kenneth Johnson Agency of which Phil Johnson was the President and CEO. 1

I. PROFESSIONAL QUALIFICATIONS Phil Johnson Phil Johnson, individually and as president of the former Kenneth Johnson Agency (KJA) has been providing land acquisition services for individual, corporations and government agencies since the early 1970 s. With KJA, Phil Johnson directed the acquisition of more than 2,200 parcels of land comprising in excess of 12,000 acres of land. These projects included a new airport (MidAmerica), light rail (Metro Link), widening and construction of new roadways, parks and scientific development. Phil Johnson has been a licensed Real Estate Broker from 1973 to the present. From 1978 to 2007 he served as President and CEO of Kenneth Johnson Agency, a Belleville based commercial real estate brokerage company. He served in 1983 and 1986 as President of the Belleville Association of Realtors. In 1992 he served as President of the Illinois Association of Realtors. He has been an approved fee negotiator for the Illinois Department of Transportation since the early 1980 s and has negotiated the acquisition of all types of property including farmland, residential, commercial & multi-family properties plus easements for access, temporary construction, utilities and flood. He has qualified as an expert witness for several condemnation trials. Matt Barriger Matt Barriger, a Belleville resident, has been a licensed Real Estate Broker since 2004. He has negotiated sale and lease transactions for all types of property including residential, commercial, industrial, multi-family and farm land. Since 2005 he has assisted Phil Johnson in the acquisition of over 250 parcels, most of which were for the St. Clair County Highway Department. These parcels were for both whole and partial takings plus permanent and temporary easements. Craig Hiser Craig Hiser, a Columbia resident, is a licensed Real Estate Broker. He was affiliated with Phil Johnson from 1986 to 2002, during which time he negotiated the sale or lease of many types of real property and assisted in many large land acquisition projects such as MidAmerica Airport, Metro Link light rail, Metro Link Bike Trail and numerous highway projects. From 2002 to the present Craig has been the managing broker of CMJP Properties, Inc. of Columbia, Illinois. Craig is also a former Staff Negotiator for the Illinois Department of Transportation and remains an approved Fee Negotiator by IDOT. He has qualified as an expert witness for condemnation trials. 2

II. MAJOR ACQUISITIONS MidAmerica Airport: Phil Johnson served as the chief land acquisition agent (1992 1995) for St. Clair County in acquiring the land for what is now MidAmerica St. Louis Airport. Duties included ordering all title work, hiring all appraisers, negotiations with land owners, recommending condemnation when necessary, scheduled all closings, court testimony when necessary, worked closely with relocation specialists, and managed acquired properties until ready for demolition. The entire acquisition was 128 parcels and approximately 4,500 acres. The assignment was completed on time and within budget. Client reference: John Baricevic, former St. Clair County Board Chairman. Metro Link: Phil Johnson served as one of two primary agents for Bi-State Development Agency (now Metro) (1997 2000) in acquiring land for the extension of Metro Link light rail from East St. Louis to Scott Air Force Base. Acquisition included temporary, permanent and flood easements as well as whole and partial takings. The entire acquisition was over 200 parcels. The assignment was completed on time and within the budget. Client reference: Tina Votaw, Director of Economic Development, Bi-State Development Agency. Highways, etc. Phil Johnson has been the primary land acquisition consultant for the St. Clair County Department of Roads and Bridges for many years. Major roadway improvements have included: Frank Scott Parkway, Hartman Lane, Old Collinsville Road, Greenmount Road, O Fallon-Troy Road, and Metro Bike Trail. Client references: Tom Holdener, Engineer of Design, St. Clair County Highways Mark Kern, St. Clair County Board Chairman III. PAST CLIENTS Phil Johnson has completed land acquisition assignments for the following public entities: County of St. Clair City of O Fallon, City of Breese Bi-State Development Agency (Metro) City of Highland Stookey Township 3

IV. APPROACH TO THE PROJECT Availability Many times on projects such as this, the property owners are only available to meet on evenings or weekends. All of our team members will be available to meet with property owners at the owner s convenience. This will insure completion of the project in a timely manner. Documents We recommend using IDOT s Land Acquisition Policy Manual as a general guideline for this project. For consistency, we would also recommend using IDOT s Land Acquisition forms, which can be easily altered for this project. These forms would also be practical for the appraisers. All of these forms have been approved by IDOT and their legal counsel. Parcels The RFP mentions approximately 200 parcels and approximately 100 owners. It has been our experience that when two or more contiguous parcels are owned by the same entity it is normally combined into one appraisal resulting in one negotiation and therefore one billable parcel. This may reduce the overall billable parcels to something considerably less than 200. Schedule With three negotiators, and assuming no long term delays from property owners, it is anticipated we will be in a position to present offers on 15 to 20 parcels per week. Many times owners will need some time to consider the offer or perhaps even consult with their attorney. However, we will continue to present additional offers and have continuous follow-up to previous presentations. Actual closings can occur very quickly depending on the method of closing the District Council chooses. 4

Closings The District Council will need to determine how they wish to have closings occur. There are two choices as to the type of closings: 1) Close all parcels at a predetermined title company and have that company make all disbursements and issue a title policy. This method is often used when there are whole takings and/or large parcels being acquired or 2) Close based on a warrant processed by the negotiator and payment issued by the District Council. This is the preferred method used in most highway acquisitions, mostly because there are generally a large portion of partial takings which are smaller in size. Conflict Of Interest We have reviewed the list of owners. To the best of our knowledge we have no conflicts of interest. There are no property owners that are related, in any manner, to anyone on our negotiating team. Should a conflict arise at any time we would immediately contact the District Council for advice and resolution. Professional Liability Insurance We currently carry professional liability insurance within the limits of the RFP. Upon selection as your land acquisition agent, we will have the District Council named as an additional insured on the policy and furnish you with copies. 5

V. RATE AND FEE SCHEDULE Per Parcel Our fee for negotiation services under this RFP is One Thousand Nine Hundred Fifty Dollars ($1,950.00) per parcel. This flat rate fee is all inclusive. There are NO additional fees for copying, courier service, administrative staff, transportation, food, lodging, telephone, or any other operating expenses except as set forth below for court appearances. Court Appearance Appearances in court, pretrial conferences, depositions, hearings or meetings with District Council attorneys may be required of the negotiator in connection with the services called for in the RFP. Such appearances by the negotiator shall be provided at the rates of $600.00 for each half-day or fraction thereof. VI. CONTRACTUAL AGREEMENT A sample contract is attached. This is a similar agreement that we regularly use with St. Clair County and other public entities. This is a modified version of an IDOT form. 6

VII. REFERENCES Personal Banking Legal Congressman Jerry Costello 144 Lincoln Place Court Belleville, IL 62221 618-233-8026 Judge John Baricevic 10 Public Square Belleville, IL 62220 618-277-6600 Dave Wagner, Executive Director St. Clair County Housing Authority 1790 South 74 th Street Belleville, IL 62223 618-277-3290 Pat Boyne, Executive Vice-President FCB Swansea Bank 2610 North Illinois Street Swansea, IL 62226 618-239-9000 Dennis Jacknewitz 720 West Main Street Belleville, IL 62220 618-233-0900 Kevin Hoerner 5111 West Main Street Belleville, IL 62226 618-235-0020 7

Contract For Negotiation Services 1. Proposal of Phil Johnson, REALTOR, 2888 Keswick Court, Swansea, Illinois 62226, (hereinafter referred to as PJ, NEGOTIATOR, or CONTRACTOR) for the furnishing to Southwestern Illinois Flood Prevention District Council (hereinafter the COUNCIL) certain real estate negotiation services for the acquisition of land for the future reconstruction of the area levees located in Madison, St. Clair and Monroe Counties 2. Negotiation services called for in this proposal will be conducted personally by PJ or individuals associated with PJ whose qualifications have been approved by the COUNCIL. 3. Said Negotiation Services for approximately two hundred (200) parcels shall be furnished by PJ at the rate of One Thousand Nine Hundred Fifty Dollars ($1,950.00) per parcel in accordance with the IDOT Land Acquisition Policies & Procedures Manual. The per parcel fee shall include all transportation, food, lodging, telephone, or any other operating expenses incurred by PJ in the performance of said services as herein set forth, except for those services set forth in Paragraphs 8 & 9. 4. COUNCIL will furnish PJ with parcel plats, legal descriptions, title reports or evidence of ownership, forms of deeds, easements, appraisals, negotiator reports and all curative documents determined necessary to acquire such right, title, and interest as specified by COUNCIL for each parcel. It is understood and agreed that the COUNCIL shall be considered the sole owner of any and all documents or materials furnished, prepared, or obtained by PJ during the course of providing the services set forth in this proposal. Upon termination of this contract for any cause, or upon completion of the acquisition of each parcel, or upon request of COUNCIL when acquisition is determined to be by eminent domain, the PJ parcel file shall be returned to COUNCIL. PJ s parcel files shall be available for inspection or review of its contents by COUNCIL personnel at any time during normal business hours. 5. PJ shall make every reasonable effort to negotiate settlements for the acquisition of each parcel based on the appraisal amount or an amount approved by the COUNCIL. Upon closing each acquisition, PJ shall furnish COUNCIL with curative documents necessary to satisfy all title objections or unrecorded interests in said parcel, sufficient for approval of title by COUNCIL and its attorney as required for COUNCIL s request of warrants in payment for each acquired parcel. 6. No offer in excess of the approved appraisal amount or Waiver Valuation shall be made by PJ without prior written approval of the COUNCIL. 7. In the event PJ is unable to obtain a settlement, PJ shall prepare a written report summarizing the progress of negotiations along with a copy of the Negotiator s Report completed to date with the names and addresses of all interested parties. PJ s written report shall include their recommendation for further action towards acquiring the parcel. The COUNCIL may elect to prepare and forward a Final Offer Letter to the owner of the parcel and thereafter request COUNCIL s attorney to proceed with filing for condemnation. The COUNCIL reserves the right to request PJ to make additional negotiation contacts with the owner. 8

8. Appearances in court, for pretrial conferences, and hearings or meetings with condemning authorities may be required of NEGOTIATOR in relation to the negotiation services called for herein and it is agreed that such appearances shall be made upon request of COUNCIL or its trial counsel. Such appearances by NEGOTIATOR shall be provided at the rate of $600.00 for each half-day or fraction thereof. 9. PJ will not furnish a copy of any appraisal or the findings or results contained therein to any other person or agency unless authorized by COUNCIL or upon court order. 10. Invoices for negotiation services will be submitted upon the completion of each parcel after filing any forms required by COUNCIL. Invoices for pretrial or court appearances will include a statement of the nature of services performed. 11. PJ certifies that if any conflict of interest arises in any of the parcels subsequently assigned they will inform the COUNCIL and return all materials for reassignment if requested by COUNTY. 12. Any dispute concerning a question of fact arising under this proposal shall be decided by the COUNCIL officer accepting this contract and such decision shall be final and conclusive. 13. Changes in the scope of work to be performed under this contract may be made at any time in writing by COUNCIL. If such changes justify an increase or decrease in the per parcel rate set forth herein, an equitable adjustment shall be made and this contract shall be modified accordingly. Documentation prepared by PJ, which is considered inadequate, will be augmented and errors will be corrected upon request without additional cost. 14. COUNCIL may terminate this proposal at any time and for any cause by written notice to PJ. In the event of termination, payment will be made to PJ for the services which have been completed. Parcel negotiation in the process of completion shall be compensated for on an equitable basis. Should this proposal be terminated solely because the progress or quality of work is unsatisfactory as determined by COUNCIL, then no payment will be made to PJ for any negotiation services which have not been completed and delivered to COUNCIL prior to the date of said termination. 15. PJ will hold COUNCIL harmless from all claims and liability due to any activities that relate to the performance of this contract and will comply with all federal, state and local laws and ordinances. PJ shall provide the COUNTY a Certificate of Insurance and the required additional insurance clauses, in accordance with the attached requirements. 16. PJ agrees that this contract or any part thereof, will not be sublet or transferred without the written consent of the COUNCIL. 17. When this agreement is accepted it shall constitute a contract as of the date it is approved by the COUNCIL and shall be binding on PJ, its successors or assigns. 9

18. PJ, under penalties of perjury, certifies that the true name, social security number, and legal status are as follows: Name: PHIL JOHNSON, REALTOR SS # 332-40-9120 Legal Status: An Individual/Sole Proprietor 19. PJ hereby certifies he is not barred from bidding on any type of federal, state, or local government contracts. PJ is an equal opportunity employer. By signing this contract, PJ agrees to the provisions as written. Upon acceptance by the COUNCIL, Illinois law shall govern this contract. DATE: DATE: PHIL JOHNSON Insurance Certificate Hold Harmless Agreement 10