Title
Transportation Department recommending the Chairman be authorized to sign the following Appraisal Services Agreements:
(1) Agreement for Services AGMT 06-1302 with Universal Field Services, Inc. for real property appraisal, acquisition and relocation services for a two-year term with a not to exceed amount of $100,000.00;
(2) Agreement for Services AGMT 06-1303 with Bender Rosenthal, Inc. for real property appraisal, acquisition and relocation services for a two-year term with a not to exceed amount of $100,000.00; and
(3) Agreement for Services AGMT 06-1304 with Sierra West Valuation for real property appraisal services for a two-year term with a not to exceed amount of $100,000.
RECOMMENDED ACTION: Approve.
Body
BUDGET SUMMARY: |
|
|
Total Estimated Cost |
|
$300,000 |
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|
|
Funding |
|
|
Budgeted |
$150,000 |
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New Funding |
$ |
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Savings |
$ |
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Other * |
$150,000 |
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Total Funding Available |
$300,000 |
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Change To Net County Cost |
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$0 |
* to be included in FY 07-08 budget.
Fiscal Impact:
The fiscal impact of these Agreements is estimated to be $300,000. Funding for these Agreements will come from the associated CIP projects funded in the budget. Funding sources include primarily the 2004 General Plan Traffic Impact Mitigation Fee Program, Highway Bridge Replacement and Rehabilitation (HBRR) grant funds, Regional Surface Transportation Program (RSTP) funds and California Tahoe Conservancy funds. It is anticipated that approximately one-half of the $300,000 will be expended in fiscal year 06-07 and the balance in fiscal year 07-08
County Cost:
There is no cost to the General Fund.
Reason for Recommendation:
The Department is required to use outside consultant appraisers to ensure independent and unbiased findings where property acquisitions and the possibility of eminent domain proceedings exist. 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 the Departments construction projects.
For real property acquisitions on federal and federally assisted programs, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, govern the Departments processes. Similarly, for state assisted projects, the State Uniform Relocation Assistance and Real Property Acquisition Policies Act and the California Department of Transportation (Caltrans) Right-of-Way Manual apply. Government Code §7267 and the Code of Civil Procedure §1263.010 also dictate procedures to be followed, including independent appraisals, in order to acquire right-of-way for various projects.
All of these regulations require professionally trained, experienced, licensed and certified appraisers to maintain standards of ethics and impartiality in negotiations for the acquisition of real property for public project purposes. In the event that an acquisition becomes the subject of an eminent domain proceeding, the testimony of the independent appraiser is even more crucial to the successful outcome of the acquisition.
Projections prepared for the 2007 construction season, and ongoing right-of-way support for current and future Capital Improvement Projects, revealed the Department may not have adequate resources available in the Right-of-Way Unit to manage the workload. The Department anticipates the on-going high volume of right-of-way work to continue into the 2008 construction season.
On September 18, 2006, the Department sent out a Request for Statement of Qualifications (SOQ) from Real Property Appraiser and/or Acquisition Agents for various locations in El Dorado County, including the Lake Tahoe Basin. The RFQ provided for several firms to share the estimated $425,000 of work under separate agreements over a two-year period. We advertised the RFQ in the Mountain Democrat published on September 20th and October 2nd, 2006. The SOQ's were to be submitted to the Department no later than October 12, 2006. Eight SOQ's were received: two for Appraisal and Acquisition services, two for Acquisition services only, and four were received for Appraisal services only.
A panel of three ranked all the SOQ's based on written criteria that included an understanding and method of approaching the Scope of Work, and expert witness experience. At the conclusion of the SOQ evaluation process, the Department selected seven qualified consultants. The Department submitted the SOQ's, the evaluation and the selection results to the Procurement and Contracts Division for their review and concurrence in accordance with Procurement Policy C-17 which requires review by at least one person outside the department contracting for services. Procurement and Contracts evaluated the criteria that was used to make the selections and responded via e-mail "We concur with your recommendations."
The consultants that are the subject of this agenda item are Sierra West Valuation, Universal Field Services, Inc. and Bender Rosenthal, Inc. Sierra West Valuation does appraisal work only. The other two firms provide appraisal and acquisition services. The remaining four consultants will be the subject of later agreements.
These agreements allow for flexibility and timeliness in securing appraisals, appraisal reviews, and right-of-way cost estimates. The agreements increase the likelihood of the Department finding a consultant available to perform the necessary services to meet deadlines on critical Capital Improvement Program projects.
Pursuant to the El Dorado County Charter, section 210 b (6), the County may enter into any contract or agreement in cases where it is necessary to protect against conflicts of interest or ensure independent, unbiased finding. The remaining work performed under this Agreement is not sufficient to warrant the addition of permanent staff.
Jere Copeland , Executive Director of Local #1, submitted the following written comments on November 30, 2006. "Local #1 has no issues w/right-of-way contracts other than our usual caveat that all efforts should be made to bring as (much) work in house as possible".
Action to be taken following Board approval:
1. The Board Chairman will sign two originals of Agreement for Services #AGMT 06-1302 with Universal Field Services, Inc., #AGMT 06-1303 with Bender Rosenthal, Inc. and #AGMT 06-1304 with Sierra West Valuation.
2. The Board Clerk will forward one original of each fully executed Agreement to the Department for further processing.
Contact:
Elizabeth B. Diamond, P.E., Deputy Director West Slope Engineering and Project Delivery