Request for Proposals On Call Right-of-Way Acquisition and Appraisal Services Requested by: CityofElCentro Department of Public Works 307 W. Brighton Avenue El Centra, Ca. 92243 Phone: (760) 337-4505 Fax:(760)337-3172 Terry Hagen, Director of Public Works/City Engineer October 2013 10/13A13-0409
Table of Contents I. Background 3 II. Project Description 3 III. Scope of Work 4 IV. General Requirements 6 V. Proposal Content and Information 6 VI. Selection Criteria 7 VII. Selection Process 7 VIII. Responsibilities of City of El Centro 8 IX. Requested Submittal 8 X. Sealed Fee Schedule 9 Appendix A - Sample Proposal Evaluation Form 10 Appendix B - Sample Agreement for Professional Services 11 10/13 A13-0409
CITY OF EL CENTRO REQUEST FOR PROPOSALS ON-CALL RIGHT-OF-WAY ACQUISITION AND APPRASIAL SERVICES I. Background The City of El Centro, Department of Public Works, is requesting proposals from qualified professionals to provide on-call right-of-way acquisition and appraisal services. These services will be on an intermittent basis. In addition to providing general right-ofway acquisition services, the Contractor may be required to retain an independent MAI (or equivalently credentialed) appraiser to establish the fair market value of the property. Qualified entities are invited to submit written proposals for consideration in accordance with this request. These services will be conducted under a contract with the City of El Centro, hereinafter referred to as "the City." The consultant entity is hereinafter referred to as "the Consultant." The contract will be regulated according to the provisions of all Federal, State and local laws and ordinances that are applicable. This includes compliance with prevailing wage rates and their payment in accordance with the California Labor Code. II. Project Description The Consultant shall provide all necessary right-of-way acquisition and appraisal services to the City. It is the intention of the City to select and contract with more than one (1) consultant for these services. The selected firm(s) will provide on-call right-of-way acquisition services that include but are to limited to those listed Section III, "Scope of Work." The City will assign work to any of the firms as is deemed necessary and appropriate by the City. No subcontractors shall be utilized without prior authorization by City. The term of the contract shall be for three (3) years from Council approval of the contract with up to two (2) one (1) year extensions, to be exercised at the sole discretion of the City, on an on-call/as needed basis in support of current capital improvement, roadway and economic development projects. Capital Project Descriptions: > Utility easements and right-of-way for forty (40) acre water treatment plant ponds. > Right-of-way acquisition for locally administered road improvement projects. > Land acquisition for new municipal building construction (new library and police station are planned). > Land acquisition for expansion of municipal facilities. Proposed Schedule of Events: > Issue Request for Proposal > Pre-proposal conference (non-mandatory) > Proposal due > Consultant selection > City of El Centro awards contract December 4, 2013 TBD January 16,2014 TBD TBD 10/13 A13-0409 3
> Kick-off meeting 1-2 weeks III. Scope of Work This scope of work is to provide on-call right-of-way acquisition and appraisal services to the Public Works Department in accordance with all provisions within this RFP. These services will be on an intermittent basis. The scope of work includes professional rightof-way acquisition and appraisal for developed/undeveloped, vacant and/or unimproved, residential and/or commercial properties. The Consultant shall produce appraisal reports for full or partial acquisitions, easements, temporary construction easements, leased or licensed properties and sale or disposition of excess/surplus properties. Meetings with the client may or may not be required at the option of the City and will be determined on a case-by-case basis. The selected firm(s) may assist the City with various right-of-way acquisition and appraisal assignments including but not limited to: Task I - Appraisal A. The Contractor shall retain an experienced and independent MAI (or equivalently credentialed) real property appraiser to prepare and appraisal of the fair market value of the property. Payment for the appraisal will be based on hourly rates shown in the Contractor's proposal and will be subject to a not to exceed provision in the contract. Payment for the appraiser's litigation support, if necessary, will be based on hourly rates shown in the Contractor's proposal and will be subject to a not to exceed provision in the contract. B. Pre-condemnation planning assistance. C. Relocation assistance, business reestablishment, replacement housing and relocation plan. D. Obtain and review property files, title reports and litigation guarantees from the company. E. If any legal issues exist during the course of the appraisal assignment, the appraiser shall request a legal opinion. All legal opinions shall be rendered by the City Attorney. F. Preparation and review of all necessary legal documents for property acquisition. G. Prepare notices of public hearing for individual property owners regarding resolutions of necessity. H. Assist the City's staff in preparing staff report for resolution hearing. I. Resolution of Necessity preparation and assistance with supporting evidence and related documents to establish the City's right to take the property necessary for the project (includes attending resolution hearing). J. Provide assistance to legal counsel in preparation and filing of all legal documents necessary to commence an eminent domain action(s) for the required parcel(s). K. Provide assistance to legal counsel in obtaining court order(s) for prejudgment possession to allow project-related construction activities to commence (within thirty (30) to ninety (90) days after commencement of the action). 10/13 A13-0409
L. Provide assistance to legal counsel in defending all challenges to City's right to take and/or claims for project blight, severance damage or other legal issues. M. Provide assistance to legal counsel necessary to litigate individual cases to settlement, final judgment and appeal, if necessary. Task 2 - Acquisition: A. The Contractor shall prepare grant deeds and temporary easements, prepare and submit offers and negotiate right-of-way purchase/sale contracts to acquire the property. B. The Contractor shall provide litigation support if condemnation of the property is necessary. Payment for acquisition services will be based on hourly rates shown in the Contractor's proposal and will be subject to a not to exceed provision in the contract. Payment for the Contractor's litigation support, if necessary, will be based on hourly rates shown in the Contractor's proposal and will be not be subject to a not to exceed provision in the contract. The Contractor must submit separate cost proposals for each task. The City at its sole discretion may award one (1) or both tasks to the Contractor. The Contractor shall meet the timelines identified on the progress schedule of the Contractor's proposal. The City will provide the Contractor with a final right-of-way map, preliminary title reports and property descriptions. The Contractor shall work with the City's legal counsel. General Requirements The Contractor shall timely submit to the City copies of all correspondence, contracts, appraisal and all other reports prepared in connection with the Project. The appraisal report must comply with standards established by the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. All project services and deliverables must adhere to current Caltrans requirements for project development of improvements on a facility included on the State highway system. For projects not on the State highway system, deliverables shall be prepared in accordance with applicable local and regional standards, policies and procedures. These requirements include adherence to design standards, regulations, policies and procedures for all work within State right-of-way at the time of project advertisement. Compliance with current Federal Highway Administration requirements is also necessary for all work on the interstate system. Some projects may be subject to Part 26, Title 49, Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs ("Regulations"). The Regulations and the Caltrans DBE program, which has been adopted by the Commission, are incorporated in their entirety herein by this reference. Bidders are to be fully informed respecting the DBE requirements, the Regulations and the Caltrans DBE program. 10/13 Al3-0409
IV. General Requirements Each firm shall meet the following requirements: 1. The firm must have a minimum of five (5) years of experience providing right-of-way acquisition to municipalities of similar size and complexity with individual consultants having a minimum of three (3) years of relevant experience. Specifically, experience should include, but not be limited to precondemnation planning, instructions to appraisers, coordination of relocation services and compliance with relocation regulations, preparation of offers to purchase land interests and real property acquisition agreements, escrow instructions and deeds for parcels acquired by negotiation, etc. V. Proposal Content and Information Proposals should be typed, organized and concise yet comprehensive. 1. Cover Letter a. Name, address and phone number of the person to be designated as the primary contact and the names of the key staff who shall be responsible for plan/map checking. b. Any qualifying statements or comments regarding the Consultant's proposal or the information provided in the RFP. State the interpretation of the work to be performed. State a positive commitment to perform the work in the manner, time frame and basic summary and understanding of the project. c. If any subcontractors are utilized, the lead consultant must submit a description of the firm, the portion of work to be done and the cost of each subcontractor. d. The Consultant is representing itself as a qualified professional in right-of-way acquisition and appraisal services for government municipalities. Therefore, it is acceptable to submit recommendations and comments for consideration on format, process, schedule and additional content of this project. The City will consider comments and recommendations, however is not required to select any of the recommendations or comments. 2. Include a table of contents with identification of material by section and page number. 3. Statement of Qualifications and Experience a. State whether the firm is local, regional, national or international. b. Identify the owner(s) of the firm and legal status (sole proprietor, corporation etc.). c. Give the location of the office from which work is anticipated to be done and the number of employees of the company. d. Identify the qualifications and resumes of all individuals who will be associated with this service. Include professional registrations and affiliations. e. Summarize specific experience and qualifications for similar projects. Describe the services you performed such as studies, reports, etc. List at least three (3) references with telephone numbers, a listing of 10/13 A13-0409 6
proposed project personnel, including personal experiences and resumes for prime and sub-consultants. Include a description of the professional capability, project experience, education, training and present office location. Provide specific examples of appropriate experience that qualify engineer/appraiser in the State of California, f. Provide a list of specific examples of appropriate experience, including the size and scope of work completed and any relevant past or on going work. Include the names, addresses and telephone numbers of your past and current clients who have contracted with your firm for similar services during the last five (5) years. 4. Analysis of Effort/Methodology a. Describe the approach for how the work will be performed. The proposal shall indicate any specific techniques or methodology to be utilized. b. The proposal shall include a project timeline with specific tasks envisioned for the project. c. Indicate what participation, data and products will be requested from the City. VI. Selection Criteria A sample proposal evaluation form is attached for your information (Appendix A). 1. Responsiveness to RFP. Does the proposal meet all the requirements in this RFP? 2. Competency and experience of consultant staff assigned to manage and to perform the right-of-way acquisition and appraisal services identified herein. 3. Ability to meet the review timeline/schedule identified herein. 4. Completeness of the proposal. 5. Demonstration of recent experience with similar cities. 6. Willingness to accept the terms and conditions of the City's "Agreement for Professional Services" (minor modifications may be permitted) attached hereto as Appendix B. 7. Obtain a City business license. VII. Selection Process 1. Proposals will be reviewed by the selection committee. 2. The selection committee will rank the consultants based on the materials submitted. 3. Top ranked firms will be chosen to interview. 4. A minimum of two (2) firms will be chosen. 5. The recommendation of the selection committee will be taken to City Council. The Selection Committee will determine if qualifications are met. The City reserves the right to reject any and all proposals submitted and/or request additional information for clarification. 10/13 A13-0409
A pre-proposal conference has not been scheduled for this RFP. Clarification desired by a respondent relating to definition or interpretation shall be requested in writing with sufficient time to allow for a response and prior to the date RFPs are due. Oral explanations or instructions shall not be considered binding on behalf of the City. Any modifications to this solicitation will be issued by the City as a written addendum. The City will not consider proposals received after the specified time and date. An amendment is considered a new proposal and will not be accepted after the specified time and date. Any contract resulting from this RFP will be financed with funds available to the City from private development projects and/or other local funds. This RFP does not commit the City to award a contract or pay any costs associated with the preparation of a proposal. The City reserves the right to cancel, in part or in its entirety, this solicitation should this be in the best interest of the City. Questions concerning the proposal should be placed in writing and directed to, Adriana Cardenas, Staff Assistant, at aeardenasfojeepw.org. If you should have any further questions you can reach the City's Public Works Department at (760) 337-4505 or fax (760) 337-3172. VIII. Responsibilities of the City 1. The City will direct the development of individual project right-of-way acquisition and appraisal services in writing, provide management oversight, coordinate with clients as needed and conduct administrative arrangements. 2. The City will pay an agreed upon amount normally within thirty (30) days after receipt of an invoice(s). The City will not retain ten percent (10%) of each invoice due to ongoing nature of work. 3. The City will not be able to provide dedicated workspace facilities, i.e. office space. 4. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other consultants. 5. The City shall furnish all applicable policies, procedures and reference materials that represent the City's minimum requirements for right-of-way acquisition and appraisal services. 6. The City shall furnish the consultant all necessary submittal items for right-ofway acquisition and appraisal services by Consultant with special instructions. IX. Requested Submittal An original, three (3) copies and one (1) CD of the proposal must be received prior to 2:00 p.m., January 16, 2014 at the: 10/13 A13-0409
CityofElCentro Public Works Department 307 W. Brighton Avenue El Centro, California 92243 The proposals shall be enclosed in a sealed envelope and be plainly marked on the upper left hand corner with the name and address of the bidder and bear the following: City Engineer Right-of-Way Acquisition and Appraisal Services Proposal X. Sealed Fee Schedule 1. Develop costs and fees for the services based on hourly rates. Provide a clear breakdown of these costs by phase including staff or by item, by hour. List all professional service expenses anticipated including insurance, printing, communications and travel. Costs and fees are to be submitted in a separate sealed envelope. Such hourly rates should be fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including but not limited to office rental, utilities, insurance, equipment, normal supplies and materials, in-house reproduction services and local travel costs. 2. Submit itemized hourly fee schedule for additional services beyond the scope of work. 3. Costs and fees must be provided within a separate sealed envelope within the submittal of the proposal and marked as follows: Sealed Fee Schedule Proposal Right-of-way Acquisition and Appraisal Services Proposal 10/13 A13-0409
Appendix A Sample PROPOSAL EVALUATION FORM DATE: RATING POINTS: EVALUATOR: RESPONDENT: PROJECT: 5=Excellent 4=Good 3=Above Average 2=Average l=below Average 0=Unsatisfactory CRITERIA A. Technical Approach Responsiveness & Understanding of work to be done Experience with similar work B. Costs C. Project Management Qualifications Organization & Quality of staffing D. References E. Demonstrated DBE Intent F. Familiarity with State & Federal Procedures WEIGHT FACTOR RATING (.15) (.20) (.20) (.15) WEIGHTED RATING.35.05.35.05.10.10 Comments: 10/13 A13-0409 10