Title
Department of Transportation recommending the Board:
1) Find in accordance with Chapter 3.13, Section 3.13.030 (B) of the County Ordinance Code that the work requires specialty skills and qualifications not expressly identified in County classifications for as-needed appraisal, appraisal review, acquisition, and relocation services;
2) Award Request for Proposal 24-0123 to Bender Rosenthal, Inc., Epic Land Solutions, Inc., Monument ROW, and Pattison & Associates, Inc.;
3) Approve and authorize the Chair to sign Agreement for Services 9685 with Bender Rosenthal, Inc. for an amount not to exceed $300,000, for a term to become effective upon execution by both parties and expiring three years thereafter, to provide as-needed appraisal, appraisal review, acquisition, and relocation services;
4) Approve and authorize the Chair to sign Agreement for Services 9692 with Epic Land Solutions, Inc., for an amount not to exceed $300,000, for a term to become effective upon execution by both parties and expiring three years thereafter, to provide as-needed appraisal, appraisal review, acquisition, and relocation services;
5) Approve and authorize the Chair to sign Agreement for Services 9691 with Monument ROW for an amount not to exceed $300,000, for a term to become effective upon execution by both parties and expiring three years thereafter, to provide as-needed appraisal, appraisal review, acquisition, and relocation services; and
6) Approve and authorize the Chair to sign Agreement for Services 9686 with Pattison & Associates, Inc., for an amount not to exceed $300,000, for a term to become effective upon execution by both parties and expiring three years thereafter, to provide as-needed appraisal services.
FUNDING: Various Capital Improvement Program, Environmental Improvement Program, and other projects as needed, funding will be provided by associated Federal, State, and Local funding sources. Local funding sources may include any combination of the following: Traffic Impact Fee Program, Missouri Flat Area Master Circulation and Financing Plan, Road Fund, Tribe Funds, Developer Advanced Funds, Sacramento Municipal Utility District Funds, and/or General Fund.
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DISCUSSION / BACKGROUND
On February 26, 2025, at the request of the Department of Transportation (Transportation), the Procurement and Contracts Division of the Chief Administrative Office issued a Request for Proposals (RFP) 24-0123 for as-needed real property appraisal, appraisal review, acquisition, and relocation services. Transportation evaluated the need for services based on upcoming projects in the Capital Improvement Program (CIP), including other projects as needed, and decided to issue four (4) as-needed agreements (Agreements) for services with the County. The RFQ process was conducted in accordance with County Procurement Policy C-17.
A panel evaluated and ranked seven (7) proposals that were received based on understanding the scope of work, past performance, and related experience, qualifications of their team, technical ability, and knowledge of state and federal procedures for public right-of-way. The top-ranked proposers for services are Bender Rosenthal, Inc., Epic Land Solutions, Inc., Monument ROW, and Pattison & Associates, Inc. (Consultants).
Transportation is required to use outside consultant appraisers for right-of-way valuations to ensure independent and unbiased findings, and where such property acquisitions involve the possibility of eminent domain proceedings. The use of independent appraisers is mandated by regulations associated with the requirements imposed by the use of federal and state funding on virtually all of Transportation's construction projects. In the event that an acquisition becomes the subject of an eminent domain proceeding, the testimony of the independent appraiser, as well as the documented parcel diaries of the contacts while negotiating with the property owners, are essential to the successful outcome of the acquisition.
For real property acquisitions on projects utilizing federal dollars and federally assisted programs, Transportation's processes are governed by the Federal and State Uniform Relocation Assistance and Real Property Acquisition Policies Act, as set forth in the California Department of Transportation (Caltrans) Right of Way Manual. Caltrans requires that there be a separation of acquisition and appraisal functions (§8.01.08 of the Caltrans Right of Way Manual). Government Code §7267 and the Code of Civil Procedure §1240.030 also dictate procedures to be followed in order to acquire right-of-way for various projects. All these regulations require professionally trained and experienced right-of-way professionals to maintain standards of ethics and impartiality in negotiations for the acquisition of real property for public project purposes.
Transportation recommends the Board make findings in accordance with County Ordinance Code Chapter 3.13, Contracting Out, Section 3.13.030 (B), that the work under these Agreements requires specialty skills and qualifications not expressly identified in County classifications for as-needed appraisal, appraisal review, acquisition, and relocation services. Transportation staff provides administrative oversight and works with the title companies to close escrows and transfer titles. The El Dorado County Employees Association, Local 1, was informed of the proposed Agreements.
ALTERNATIVES
1) The Board could choose not to approve the Agreements. If the Agreements were not approved, delays would be expected in project delivery. Without outside contractors, projects may not meet Caltrans requirements, in which case, Caltrans would not accept those projects at their completion.
2) Transportation could attempt to hire staff with the specialty skills required for a short period of time (part-time, limited-term). This is likely not feasible since someone with this expertise would likely not be willing to work part-time in a limited-term capacity. This would not eliminate the need for independent real property services when required by outside agencies.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Risk Management, and Chief Administrative Office, Procurement and Contracts Division.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Funding for the Agreements will be provided by various project budgets, including federal, state, and local funding sources. Local funding sources may include any combination of the following: Traffic Impact Fee Program, Missouri Flat Area Master Circulation and Financing Plan, Road Fund, Tribe Funds, Developer Advanced Funds, Sacramento Municipal Utility District, and/or General Fund. There is no change to Net County cost.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original of each of the Agreements.
2) The Clerk of the Board will forward one (1) fully executed copy of each Agreement to the Chief Administrative Office, Contracts & Procurement Division, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation