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HomeMy WebLinkAbout25J - AGMT APPRAISAL SVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2018 TITLE: APPROVE AGREEMENTS WITH HENNESSEY & HENNESSEY LLC AND INTEGRA REALTY RESOURCES — LOS ANGELES FOR ON-CALL RIGHT-OF-WAY APPRAISAL SERVICES (NON -GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G) r CITY M NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute two agreements with the firms listed below to provide on-call right-of-way property appraisal services for three-year terms beginning December 18, 2018, and expiring December 17, 2021, with provisions for two, one-year extensions exercisable by the City Manager and the City Attorney, for a total aggregate amount not to exceed $400,000 for the two contracts combined, for the term of the contract, including the optional extensions, subject to nonsubstantive changes approved by the City Manager and the City Attorney: Hennessey and Hennessey LLC Integra Realty Resources — Los Angeles In order to provide the best services to the City, staff will endeavor to distribute work equally among the two consultants, but reserves the right to assign more work to one consultant over another based on type of work, availability of staff, schedule limitations, and performance, among other factors. DISCUSSION Approval of the recommended action will provide for on-call right-of-way property appraisal services as needed to complete Public Works Agency Capital Improvement Program (CIP) projects, valued at over $50 million per year for the next several years. These services will be utilized for current CIP projects, including Warner Avenue and Bristol Street Improvement projects. Right-of-way consultants are needed to augment staff with specialty appraisal services for timely delivery of the CIP. Consultant services will include preparation of appraisal services for residential properties; commercial properties; industrial properties; easements; special use or zoned properties; and review of appraisals. 25J-1 Agreements for Geotechnical Engineering Services December 18, 2018 Page 2 On September 17, 2018, the City issued a Request for Proposals (RFP) (Exhibit 1) for On-call Property Appraisal Services. The RFP was posted on the City's online e -procurement portal, PlanetBids, and a total of 8 proposals were received. A five -member evaluation panel comprised of Public Works Agency and City Attorney Office staff reviewed and ranked all of the proposals. One proposal was deemed nonresponsive, and the remaining 7 qualifying submittals were ranked based on experience, qualifications, project understanding, as well as the overall proposed services. The table below summarizes the results of the top seven proposals: Rank Firm Score 1 Hennessey & Hennessey 90 2 Integra Realty Resources — Los Angeles 84 3 Hendrickson Appraisal Company 81 4 Santolucito Dore 79 5 Pacific Real Estate 74 6 Cushman & Wakefield 71 7 Valbridge 67 Based on the proposal evaluations and ranking, staff recommends that the top 2 firms — Hennessey & Hennessey and Integra Realty Resources — be retained to provide on-call right-of-way appraisal services (Exhibits 2 and 3). ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). FISCAL IMPACT There is no fiscal impact at this time. Funding for these services is available in prior year and current FY 2018-19 approved CIP budgets, and will be budgeted in future CIPs. Prior to utilizing any of these on-call services, Public Works Agency staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. 25J-2 Agreements for Geotechnical Engineering Services December 18, 2018 Page 3 FSS/EWG/JG/KN/HG APPROVED AS TO FUNDS AND ACCOUNTS: IK� &911� Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. RFP 18-082 2 Agreement — Hennessey & Hennessey 3. Agreement— Integra Realty Resources 25J-3 25J-4 REQUEST FOR PROPOSALS (RFP) FOR ON-CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES RFP NO.: 18-082 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Kenny Nguyen Project Manager for Principal Civil Engineer Public Works Agency KEY RFP DATES (Subject to change at discretion of Ci Issue Date: September 17, 2018 Letter of Intent: September 22,2018 Deadline for Requests for Information: September 28, 2018 Proposal Due Date: October 8, 2018; 4:00pip: Projected Award Date: November 20, 2018 EXHIBIT 1 25J-5 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On -Call Property Appraisal Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than October 8, 2018 at 4:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent my courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR RFP NO. 18-082 ON-CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Kenny Nguyen Public Works Agency; 20 Civic Center Plaza, M36; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.comtportal/t)ortal.cfm?CompanvID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 18-082 Z51-6 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE-PROPOSALMEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 18-082 2J W7 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking a qualified On -Call Right of Way Property Appraisal firm(s) for the City of Santa Ana Public Works Agency. Refer to Appendix, Attachment 1, Scope of Services, for more information. Number of Proposals and Signature: The submittal shall include five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company for contractual purposes. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11" x 17". Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 30% • Relevant Project Experience 30% • Fee 10% • References 5% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City of Santa Ana RFP 18-082 Pa25J-8 5 1_Q Project Funding: Project is funded with Federal, OCTA Gas Tax, and Measure M2. Special conditions may apply. Refer to Attachments 1 (Scope of Work) in the Appendix of this RFP. Prevailing Wages: In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Term of Contract Agreement: The City desires to enter into a contract with the selected firm for an initial three- ear term with a City option for two, one year extensions. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. II. A. CITY RESPONSIBILITIES The City will provide information information in RFP. The City will specifically referred to herein. B. PROPOSER RESPONSIBILITIES in its possession relevant to preparation of required provide only the staff assistance and documentation Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, santa-ana.ore/bids-rfps as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. City of Santa Ana RFP 257-10 G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: santa-ana.orgfbids-rfns. H. PRE -PROPOSAL MEETING Should a pre -proposal be scheduled, the date, time and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 2SJ 11 III. SUBMITTAL REQUIREMENT A. GENERAL I. The number of Proposal Conies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. H. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. 1. STATEMENT OF QUALIFICATIONS a. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. City of Santa Ana RFP 2BU 512 f. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION RFP Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. For "On -Call' contracts, Consultant will be notified by individual City Project Managers on a case-by-case basis to request project/task specific proposals. Written NTPs will be then issued accordingly. VIL PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 25d z14 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL RIGHT OF WAY PROPERTY APPRAISAL SERVICES RFP NO.: 18-082 Introduction and Background: The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Right of Way Property Appraisal firms to provide property appraisal services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to two firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $400,000. Work will be assigned by Contract Task Orders (CTO). As tasks are identified, they will be distributed among the turns based upon their ability to perform the required work within the project schedule and budget constraints. Minimum Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: httv://www.dot.ca.goy/hq/row/rowman/manual/index.htm, Description of Work: Consultants under contract with the City of Santa Ana will provide support and services to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal. (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. City of Santa Ana RFF 260.4,15 The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire time work is performed under the Agreement. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of Work are complete, accurate, checked, and proofread to meet professional standard practice requirements, and to monitor work for conformance with the appropriate standards and policies. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated monthly. The schedule and/or status report may require updating more frequently. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. Scope of Work: Consultant shall prepare appraisal services that include full and partial acquisition for residential property; commercial property; industrial property; easements; special use or zoned property; and review appraisals. Appraisal Services shall be in accordance with federal, state, and local regulations, policies, procedures and standards. Consultant must make every effort to meet with the property owner prior to preparation of the report. Appraiser shall perform the following tasks • Prepare appraisal report in accordance with the State of California Laws and the Uniform Standards of Professional Appraisal Practice (USPAP) • Research records, inspect the site and communicate with the property owner in preparation of the appraisal report. This might require multiple attempts for site visit and inspection City of Santa Ana RFP 18-082 2J'--1 6 • Prepare Real Estate Appraisal reports for full and partial acquisition • Prepare Appraisal Summary Statements to accompany City's Offer Package • Prepare Valuation of City's Landscape Setback Easement requirements • Prepare detailed appraisal report necessary for condemnation • Coordinate with Fixtures and Equipment Appraisers • Coordinate with Business Goodwill Appraisers • Communicate with property owners in writing and as required to obtain adequate information to prepare the report • Prepare all necessary correspondence, letters and reports • Provide effective communication with engineers, planners, attorneys, and City staff • Comply with federal, state and local regulations • Create files and maintain all records • Provide condemnation consultations as necessary • Attend meetings/public hearings and conduct presentations • Provide expert witness testimony as required for condemnation proceedings • Coordinate and review of Phase I and Phase II Environmental Studies • Review appraisal reports prepared by other consultants as required by the City and prepare review summary • Prepare Review Appraisal Reports (Required For Federally Funded Projects) • Coordinate, direct and obtain Review Appraisals in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and Caltrans guidelines • Examine all appraisals and corresponding reports • Seek any corrections or revisions deemed appropriate • Prepare Dual Appraisal Report as required for federally funded projects under Caltrans Guidelines Real estate appraisers must be certified and a Member of the Appraisal Institute. Payment and Invoicing: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Sample Fee Proposal: Consultant shall describe the process (methods of appraisal, research, and any other necessary tasks) and provide the proposal fee breakdown to appraise the below sample addresses. The proposal will be used for fee comparison and evaluation process. The partial acquisition for Cherry Aerospace shall be 10 feet from the back of sidewalk and all existing improvements within the acquired area shall be appraised accordingly. Sample locations for appraisal proposal are the following: ➢ 1224 E. Warner Avenue (Cherry Aerospace Park Take) ➢ 2246 S. Evergreen Street (Residential Full Take) City of Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2018 by and between , ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: Right of Way Property Appraisal. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. City of Santa Ana RFP 2SJ,z18 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee -of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not City of Santa Ana RFP Page A2-2 25J-19 be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. City of Santa Ana RFP Page A2-3 25J-20 f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. City of Santa Ana RFP Page A2-4 25J-21 Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or City of Santa Ana RFP Page A2-5 25J-22 otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City of Santa Ana RFP Page A2-6 25J-23 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. No Exhibit D is attached in the absence of additional provisions. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: City of Santa Ana RFP Page A2-7 25J-24 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fuad S. Sweiss, PE, PLS Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana 20 Civic Center Plaza (M-21) City of Santa Ana 20 Civic Center Plaza (M-29) I P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 j Fax: 714- 647-5635 1 Fax: 714- 647-6515 i To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. City of Santa Ana RFP Page A2-8 25J-25 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA Raul Godinez II City Manager SONIA R. CARVALHO CONSULTANT: City Attorney By: John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD S. SWEISS, PE, PLS Executive Director Public Works Agency Rev. 9-17-2018 (name) (title) Tax fD# City of Santa Ana RFP Page A2-9 25J-26 EXHIBIT A SCOPE OF SERVICES City of Santa Ana RFP Page A2-10 25J-27 EXHIBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The total compensation may include a line item for the cost from the Fee Proposal, followed by a line item for any contingency, followed by a grand total not to exceed (NTE) Amount. This is what may be transferred to the front page of the contract. City of Santa Ana RFP Page A2-11 25J-28 EXHIBIT C CERTIFICATIONS C-1 through C-3 City of Santa Ana RFP Page A2-12 25J-29 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and swom to (or affirmed) before me on this day of , 20� by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 25U%330 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of SantaG�' E 4 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP &I-32 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of SantaAnaRFP 2 5@0 W91 A.Q 25J-34 AGREEMENT TO PROVIDE ON-CALL RIGHT-OF-WAY PROPERTY APPRAISAL SERVICES THIS AGREEMENT is made and entered into on this 18th day of December, 2018 by and between Hennessey & Hennessey LLC ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City'). RECITALS A. On September 17, 2018, the City issued Request for Proposal No. 18-082 ("RFP") by which it sought consultants to provide on-call right-of-way property appraisal services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-082. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and at the sole discretion of the City, Consultant shall perform the services described in the scope of work that was included in RFP No. 18-082 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two consultants selected to provide right-of-way appraisal services on an on-call basis under RFP No. 18-082. The total compensation for services provided by all consultants selected under RFP No. 18- 082 shall not exceed a combined amount of $400,000 during the term of this Agreement, including any extension periods. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 EXHIBIT 2 25J-35 3. TERM This Agreement shall commence on the date first written above and terminate on December 17, 2021, unless terminated earlier in accordance with Section 16 below. The term of this Agreement may be extended for two 1 -year periods upon a writing executed by the City Manager and the City Attorney, 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 25J-36 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. Page 3 of 8 25J-37 f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. INDEMNMCATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal orproperty rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEM?4MCATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longerperiod required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Page 4 of 8 25J-38 Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 25J-39 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties fiuther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be Page 6of8 25J-40 cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Hennessey & Hennessey LLC 1760217'h Street, Suite 102-246 Tustin, CA 92780 Attn: Sharon A. Hennessey, Member/Manager A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 25J-41 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney i By: John P. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By: Title: Page 8 of 8 25J-42 Hennessey & Hennessey LLC 17602171" Street, Suite 102-246 Tustin, CA 92780-7915 (714)730-0744 hhllc@ca.rr.com EXHIBIT A Proposal for RFP No. 18-082 On -Call Right of Way Property Appraisal Services City of Santa Ana Attn: Mr. Kenny Nguyen Public Works Agency 20 Civic Center Plaza Santa Ana, California 92702 October 8, 2018 25J-43 Contents 1. Statement of Qualifications a. Cover Letter ............................................ v b. Contract Agreement Statement ............... . ............. 1 C. Firm and Team Experience ................................ 1 d. Understanding of Need ............................. . .. . . 12 e. Relevant Project Experience .............................. 14 f. References ............................................ 17 2. Scope of Services and Schedule ...... . .................... . ... 18 3. Fee Proposal .............................................. 20 4. Certifications ............................................... 21 Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-44 HENNESSEY & HENNESSEY LLC A California Limited Liability Company Real Estate Appraisers 1760217/ Street, Suite 102-246 • Tustin, California 92780-7915 (714) 730-0744. fax (714) 730-0221 e-mail: hhllcpcasrcom Joseph A. Hennessey, SRfWA (1928.2016) Senior Member, International Right of Way October 8, 2018 City of Santa Ana Attn: Mr. Kenny Nguyen, Project Manager Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92702 Sharon A. Hennessey, MAI, SRIWA, Al-GRS Certified General Real Estate Appraiser MAI Designated Member of the Appraisal Institute AI-GRS Designated Member of the Appraisal Institute Senior Member, International Right of Way Association Subject: RFP No. 18-082, On -Call Right of Way Property Appraisal Services Dear Mr. Nguyen: Hennessey & Hennessey LLC (Hennessey & Hennessey) is pleased to submit our proposal to provide On -Call Right of Way Property Appraisal Services. The submission requirements of this Request for Proposal are provided in the attached document and its appendices. In addition to the information contained in the attached proposal, the following requested information is provided: The offeror is: Hennessey & Hennessey LLC, a California Limited Liability Company 17602 17th Street, Suite 102-246 Tustin, California 92780-7915 Telephone: (714) 730-0744 Fax: (714) 730-0221 E-mail: hhllc@ca.rr.com Contact: Sharon A. Hennessey, MAI, SR/WA, AI-GRS, Manager Hennessey & Hennessey is a Certified Underutilized Disadvantaged Business Enterprise (UDBE). Hennessey & Hennessey appreciates the opportunity to submit this proposal for On -Call Right of Way Property Appraisal Services. We encourage you to contact our references to verify the quality and timeliness of our past performance with other agencies. Please contact me if you have any questions or need clarification on any items in this proposal. Respectfully submitted, HENNESSEY & HENNESSEY LLC by hQfM G: GiV W Sharon A. Hennessey, MAI S A, AI-GRS Member/Manager 25J-45 Statement of Qualifications b. Contract Agreement Statement Hennessey & Hennessey LLC Is able to comply with all provisions as contained in Attachment 2 in the appendix to the City of Santa Ana's Request for Proposals (RFP) No. 18-082. C. Firm and Team Experience Hennessey & Hennessey LLC (Hennessey & Hennessey) is a real estate appraisal firm in Orange County, with an office in the City of Tustin. The firm provides real estate appraisal and consulting services for government agencies and private entities throughout California. Founded in 1979 as an independent appraisal firm, Hennessey & Hennessey transitioned from an association of real estate appraisers to a California Limited Liability Company in 1999. Currently, there is a staff of four. Hennessey & Hennessey is an Underutilized Disadvantaged Business Enterprise (UDBE) certified by the California Unified Certification Program (CUCP). For more than 30 years, Hennessey & Hennessey's primary emphasis has been appraisal for eminent domain purposes for public agencies, specializing in appraising properties for negotiated acquisitions and litigation. Hennessey & Hennessey has a complete understanding of the processes and complexities involved in eminent domain law. This ensures that our reports meet the requirements of the law and the guidelines of the review agency, and provide a useful tool with comprehensive information for the acquisition agent, particularly in cases of partial acquisitions. The firm's work Includes appraising all types of real property, including commercial, retail, office, mixed use, Industrial, multi -family and single-family residential, agricultural and special use properties, and vacant land. Hennessey & Hennessey also produces narrative appraisals for full and partial acquisitions of vacant and improved parcels along freeway, railroad, flood control and easement corridors. Many of the firm's appraisals are created for multiple -parcel right of way projects. Hennessey & Hennessey has completed projects in accordance with the State of California, Department of Transportation (Caltrans) standards for the City of Santa Ana and other agencies. Additionally, Hennessey & Hennessey has appraised properties for budgetary estimates, market studies, negotiations, estate planning, franchise fee negotiations, and litigation matters, and has reviewed appraisals prepared by other firms for similar projects. Hennessey & Hennessey has assisted In the preparation of right of way cost estimates for Caltrans -required Project Study Reports (PSRs) and has provided expert testimony in court cases. The Hennessey & Hennessey staff actively participates in professional associations and regularly attends educational classes and seminars to remain current with the ongoing changes in the right of way and appraisal fields. This enables the firm to consistently provide the technical expertise required by clients. The firm always strives to honor time commitments to meet the needs of all clients. Hennessey & Hennessey has completed hundreds of full take and part take right of way appraisal assignments for governmental agencies and private entities. These assignments have included complex partial and full takes from commercial, industrial, agricultural, residential, and special purpose properties, and valuations of temporary construction easements and permanent easements for various purposes. Hennessey & Hennessey has valued vacant land for full and partial takes, and surplus real property for disposition evaluations. rroposai ror un -Call Hight of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-46 With this background of varied appraisal experience and knowledge of appraisal review requirements in accordance with USPAP and federal requirements, Hennessey & Hennessey is well qualified to review appraisals. In fact, the firm has completed hundreds of appraisal reviews similar in nature and complexity to the appraisal assignments listed above. Hennessey & Hennessey has performed appraisals subject to review by Caltrans. Such appraisals must meet Caltrans appraisal guidelines, the Uniform Appraisal Standards for Federal Land Acquisition, and the Uniform Standards of Professional Appraisal Practice. Hennessey & Hennessey is intimately familiar with the requirements for appraisals and appraisal reviews for federally and state -funded projects, including those pursuant to Title 25, California Code of Regulations §6000, at seq.; §7260 et seq. of the California Government Code; 42 U.S.C. 4601, at seq. (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970); and Code of Federal Regulations, Title 49, Part 24 (Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs). Key Personnel Sharon A. Hennessey, MAI, SR/WA, AI-GRS Proposed position: Location: Availability for this assignment: Current assignments: Commitment to that/those assignments: Years with H&H: Project manager/senior appraiser; valuation analysis and expert witness testimony Tustin 90% 10 80% 30+ years Ms. Hennessey has more than 30 years of experience appraising real property with an emphasis on eminent domain and litigation appraisals. Her work has included appraisals of all types of real estate, including industrial, commercial, retail, office, mixed use, and residential properties, as well as unimproved land, for full and partial acquisitions for right of way purposes. Ms. Hennessey has. appraised properties for right of way projects for -the cities of Anaheim, Placentia, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Lake Forest, Laguna Niguel, Mission Viejo, Ontario, Riverside, Santa Ana, San Juan Capistrano, and Upland. She has also completed appraisal assignments for the Orange County Transportation Authority (OCTA), the Riverside County Transportation Commission (RCTC), the San Bernardino County Transportation Authority (SBCTA), and water and school districts, and property and right of way acquisitions for engineering firms. Ms. Hennessey is qualified as an expert witness in the Superior Court of Orange County. She holds MAI and Al GRS designations from the Appraisal Institute and the SR/WA designation from the International Right of Way Association. She is a California Certified General Real Estate Appraiser (No. AG003323). Ms. Hennessey is a senior member, a past president, and a former member of the Board of Directors of the International Right of Way Association. She holds a Bachelor of Arts degree from the University of California at Berkeley. In addition to performing the necessary valuation tasks and report preparation, Ms. Hennessey will be the designated project manager and primary contact for all assignments under this contract. She will have full management, scheduling, and financial responsibility for performance of the assigned projects. She has a thorough understanding of the complexities involved in agency projects, the importance of building and maintaining rapport, and a cooperative working relationship with all agencies and consulting firms that may be involved. Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-47 Susan D. Taylor Proposed position: Location: Availability for this assignment: Current assignments: Commitment to that/those assignments: Years with H&H: Associate; research, field work, preliminary valuation analysis, report writing, and editing Tustin and Newport Beach 90% 3 80% 10 years Ms. Taylor has more than 35 years' experience in commercial real estate, including real estate market analysis, planning, entitlements, development, construction, financing, asset management, and dispositions. She holds a Bachelor of Business Administration degree, with a major in Real Estate and Urban Land Economics from the University of Wisconsin. Since 2008, Ms. Taylor has assisted with appraisals for full and partial acquisitions for numerous government agencies, cities, and engineering firms. Joseph S. Montano Proposed position: Location: Availability for this assignment: Current assignments: Commitment to that/those assignments: Years with H&H: Associate appraiser; research, data collection, field work Tustin 75% 9 90% 19 years Mr. Montano Joined Hennessey & Hennessey in 1999 and has been an Associate Appraiser since 2004. He has assisted in appraising properties for right of way projects in the cities of Anaheim, Garden Grove, Lake Forest, Riverside, and Santa Ana, and for the Orange County Transportation Authority (OCTA), the Riverside County Transportation Commission (RCTC), and water and school districts. He will provide data collection and field work services for assignments under this contract, and would assume the project manager responsibilities if Ms. Hennessey isnot available. Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-48 Subcontractors Hennessey & Hennessey proposes to use qualified subcontractors to assist with the valuation of real property as needed. The subcontractors will be directly responsible to the project manager and are highly qualified in their fields. They have the ability to complete their tasks at the highest technical level and in a timely manner. Following are brief descriptions of the subcontractors that may be utilized for any assignment. Karen Herb Document All Stars 30100 Town Center Drive, #0-349 Laguna Niguel, California Telephone: (949) 443-0171 Proposed function: Current assignments for H&H: Availability for this assignment: Commitment to H&H assignments: Subcontractor to H&H: Document preparation and editing ongoing, as needed 50% as needed 30+ years Hennessey & Hennessey has subcontracted all its document preparation and editing services to Document All Stars since 1980. Document All Stars is an Underutilized Disadvantaged Business Enterprise (Woman Owned-UDBE), certified by the CUCP/DOT since 2002. Geri K. Easley, MAI, ISHC Easley & Associates 130 S. Chaparral Court, Ste. 210 Anaheim Hills, California Telephone: (714) 974-7672 Proposed function: Real estate appraiser; as -needed research and valuation analysis Current assignments for H&H: 1 Availability for this assignment: 50% Commitment to H&H assignments: 50% Subcontractor to H&H: 15+ years Ms. Easley has 35 years of commercial real estate consulting and appraisal experience. She has worked for three national firms: Laventhol & Horwath, Kenneth Leventhal & Company, and Landaur Associates, Inc. In 1992, Ms. Easley formed her own appraisal firm, Easley & Associates. Ms. Easley has special expertise in the appraisal of hotels, motels, and restaurants, and has appraised a variety of commercial, industrial, special purpose, and undeveloped properties. Her work includes full take and part take appraisals for numerous public agencies. Ms. Easley is a Certified General Real Estate Appraiser (No. AG01882) in the State of California. She holds the MAI designation from the Appraisal Institute, is a member of the International Society of Hospitality Consultants (ISHC), and has expert witness experience. Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-49 4 HENNESSEY & HENNESSEY LLC A California Umited Liability Company Real Estate Appraisers 17602170 Street, Suite 102-246 • Tustin, California 92780.7915 (714) 730-0744 • fax (714) 730-0221 e -ma l: hhlkpcarr.com Sharon A. Hennessey, MAI, SRIWA, AI-GRS Certified General Real Estate Appmber MAI Designated Member of the Appraisal Institute Joseph A. Hennessey, SR/WA (1928-2016) AI-GRS Designated Member of the Appraisal Institute Senior Member, International Right of Way Association Senior Member, International Right of Way Association Qualifications of Sharon A. Hennessey, MAI, SR/WA, AI-GRS Experience 1984 to Hennessey & Hennessey LLC, Independent Fee Appraiser - Appraise vacant land, present commercial, industrial, residential, rights of way, and special purpose properties for governmental agencies, corporations, law firms, and private parties. License Certified General Real Estate Appraiser, State of California License No. AG 003323 Expert Witness Qualified as an expert witness in the Orange County Superior Court Professional MAI Designated Member of the Appraisal Institute, Certificate No. 11108 Affiliations AI-GRS Designated Member of the Appraisal Institute Senior Member of the International Right of Way Association, Registration Number 3975 President of Chapter 67 International Right of Way Association, 1990 International Director of Chapter 67, International Right of Way Association, 1991 Membership Chairman, International Right of Way Association, 1992 and 1993 Hospitality Chairman, Southern California Chapter Appraisal Institute, 1993 and 1994-1997 Co -Education Chairman, Southern California Chapter Appraisal Institute, 1998, 1999, 2000, 2001 Education Bachelor of Arts - University of California, Berkeley Partial List of Continuing Education: Appraisal Institute USPAP - 1986, 1993, 2000, 2004, 2006, 2008, Highest & Best Use and Market Analysis - 2012, 2010, 2014 1996 Business Practice and Ethics - 2011, 2015 Advanced Applications -1996 Federal and California Statutory and Regulatory The Appraisers Complete Review -1996 Law - 2015 Advanced Income Capitalization -1993 Review Theory - General - 2014 Report Writing and Valuation Analysis - Complex Litigation Case Studies- 2013 1989 Litigation Appraising: Specialized Topics and Case Studies in Real Estate Valuation - Applications - 2013 1988 The Appraiser as an Expert Witness - 2000, 2013 Capitalization Theory & Techniques, Valuation of Detrimental Conditions - 2011 Parts A and B -1987 Appraisal Curriculum Overview - 2010 Real Estate Appraisal Principles - 1985 Hotel/Motel Valuation -1997 Basic Valuation Procedures -1985 International Right of Way Association 403 Easement Valuation - 1990, 2013 101 Principles of Real Estate Acquisition - 104 Standards of Practice for the Right of Way 1989 Professional -2012 401 Appraisal of Partial Acquisitions - 103 Ethics and the Right of Way Profession -1992, 1988 2004, 2008 901 Interpreting Engineering Drawings - 206 Presentation Skills- 1992 1986 203 Communications in Real Estate Acquisition - 902 Property Descriptions -1986 1991 801 Land Titles - 1986 214 Skills of Expert Testimony -1990 Proposal for On -Call Right of Way Property Appraisal Services 5 RFP No. 18-082, City of Santa Ana 25J-50 Representative Clients - Partial Listing Attorneys and Law Firms Best Best & Krieger LLP Bowie, Arneson, Kadi & Dixon Dreyfuss, Ryan, Weifenbach Durst & Landeros Fullerton, Lemann, Schaefer & Dominick Jones & Mayer Kindel & Anderson Corporate Clients Associated Right of Way Services, Inc. Brother International California Property Specialists Inc. Continental Develop- ment Corp. Cutler & Associates DGA Consultants individual Clients Leo Beus Carl Brandstetter Candace Campbell Samuel B. Corliss, Jr. Thomas W. Cosgrove Harbor Pine Creek Homeowners Assoc. John Iloulian Public Entities County of Orange City of Anaheim City of Corona City of Costa Mesa City of Fullerton City of Garden Grove City of Glendale City of Huntington Beach City of Laguna Niguel City of Lake Forest City of Mission Viejo City of Ontario City of Pasadena City of Riverside City of Santa Ana Lillick, McHose & Charles Lozano Smith Meserve, Mumper & Hughes Marjorie Mize Le Gaye, Esq. Nichols, Stead, Boileau & Kostoff Oliver, Vose, Sandifer, Murphy & Lee Palmieri, Tyler, Wiener, Wilhelm & Waldron Diocese of Orange Hoag Foundation Hughes Aircraft Company Kaiser Foundation Health Plan, Inc. Metzger & Associates, Inc. NBS/Lowry Engineers Overland, Pacific & Cutler, LLC Genji Kawamura Kawamura Family Trust William E. Kibble Paul Kiely Sang Moon Kim James Kindel Jr. Dorothy E. Lamb Andrea Lombard City of Torrance City of Upland Charter Oak Unified School District Chino Unified School District Corona -Norco Unified School District Covina -Valley Unified School District Cucamonga School District Eastern Municipal Water District Fullerton joint Union High School District Magnolia School District Sharon A. Hennessey Qualifications page 2 Parker & Covert Redwine & Sherrill Richard L. Riemer, Law Offices of Rutan & Tucker Sheppard, Muller, Ricter & Hampton Wilson, Elser, Moskowitz, Edelman & Dicker Woodruff, Spradlin & Smart Overland Resources Pacific Bell (53C) Pacific Relocation Cons. Paragon Partners Poseidon Resources Psomas Robert Bein, William Frost & Associates Rita M. Loosemore Kim Vu Nguyen Steven H. Price Constance C. Quarre Jean L. Roane E.O. Rodeffer Larry L. Root Dwight C. Schroeder Orange Unified School District Pajaro Valley Unified School District Tustin Unified School District Walnut Valley Unified School District Mesa Consolidated Water District Murrieta County Water District Trabuco Canyon Water District California High -Speed Rail Authority Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-51 Rockwell International Sisters of the Sacred Heart Southern California Edison Tetra Tech, Inc. Universal Field Services Western Industrial Properties, Inc. Willdan Associates John P. Sheffield Yoram S. Shily Carl Stevens Katherine E. Thompson Tustin Village Community Association Charles E. Wheeler Ery Yoder Caltrans Eastern Transportation Corridor Orange County Transportation Authority Riverside Transit Agency Riverside County Flood Control and Water Conservation District Riverside County Transportation Commission San Bernardino County Transportation Commission QUALIFICATIONS OF SUSAN D. TAYLOR Experience Appraiser Analyst; 2009 -present Real Estate Consultant; 1993.1998 and 1999-2008 • Prepared appraisals, feasibility studies, due diligence analyses, and market studies for acquisitions, financing, development, marketing programs, asset evaluations, and litigation. • Appraised mixed-use commercial projects, office complexes, business parks, hotels and motels, retail centers, Industrial buildings, multi -family properties, auto dealerships and malls, service stations, day care centers, theaters, commuter rail stations, rail and utility corridors, residential subdivisions, acreage and land for development. • Underwrote commercial real estate loans and performed due diligence analyses for commercial mortgage backed securities. Property types evaluated include office and Industrial buildings, high-rise and limited -service hotels, luxury resorts and spas, convention centers, mixed-use properties, shopping centers, retail buildings, restaurants, theaters, senior housing, assisted living and skilled nursing facilities, self -storage centers, condominium conversions, student and multi -family housing, valueadded redevelopment projects, and historic building renovations. Special projects included complex appraisals, analyses and plans for regional transportation improvements, redevelopment and community facilities districts, repositioning of distressed real estate, sites with environmental contamination, properties with construction defects, and tax appeals. • ' Clients include institutional and private Investors, government agencies, lenders, property owners, developers, attorneys and appraisers. Vice President, VHB Associates, Costa Mesa, California; 1998-1999 • Directed the acquisition, bond financing, entitlements, planning and engineering of retail centers in urban redevelopment areas of Los Angeles for commercial real estate development company. Marketed and managed Las Vegas industrial projects. Project Manager, Telacu Carpenter, Irvine, California; 1992-1993 Directed disposition and management of $157 million RTC portfolio Including office, retail, industrial and apartment buildings throughout California. Project Manager, Emkay Development Company, Inc., Newport Beach, California; 1980-1989 • Developed and sold more than $200 million or raw land, finished lots and office, Industrial, and commercial properties. Education Bachelor of Business Administration, University of Wisconsin -Madison, Real Estate and Urban Land Economics Major Continuing education courses through USC, UCLA, and UCI Special Co-author of Real Estate Appraisal, a college level text Qualifications Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-52 QUALIFICATIONS OF JOSEPH S. MONTANO Project Mr. Montano has been involved in assisting in the appraisal of more than Experience 500 properties. His duties include property inspection, market data research, report writing, and report preparation. Hennessey & Hennessey LLC -1999 to present • Orange County Transportation Authority - Assisted in the appraisal of 10 partial takings for the 1-5 HOV Widening Project. The properties were commercial and residential land, a service station, and a fast food restaurant. • Orange County Transportation Authority - Assisted in the appraisal of 12 partial takings for the Lakeview Grade Separation Project. The properties included commercial, office, industrial, business park, and residential uses, and vacant land. • City of Anaheim - Assisted in the appraisal of 13 partial takings for the Katella Avenue Improvement Project. The properties included vacant land, industrial buildings, medical offices, a retail building, a service station, a full service restaurant, and a fast food restaurant. • City of Anaheim - Assisted in the appraisal of 16 remnant parcels of the Katella Smart Street Project. All properties were residential land. • City of Anaheim - Assisted in the appraisal of 23 full takings for the Brookhurst Street Widening and Improvement Project. All properties were single-family residences. • Riverside County Transportation Commission - Assisted In the appraisal reviews of 120 full and partial takings for the SR -91 Freeway Corridor Improvement Project. The properties were commercial, industrial, single- and multi-famlly residential uses, and open space, • City of Riverside - Assisted in the appraisal of 6 ownerships for the La Sierra SR -91 Interchange Project. The partial takings impacted 2 single- family residences and four commercial. parcels. • City of Santa Ana - Assisted in the appraisal of 18 full takings for road widening and street enhancement purposes. There were 5 commercial properties and 13 single-family residences. The commercial properties included a fast food restaurant, a convenience market, a restaurant, and office buildings. • City of Anaheim -Assisted in the appraisal of 16 partial takings for road widening and street enhancement. The properties included commercial, strip retail, medical office, and full-service and fast food restaurants uses. Education Rancho Santiago College, Orange, California General Education/Real Estate Studies Real Estate Principles and Real Estate Practice Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-53 Karen Herb ma i Ito:lca ren @d ocumental Ista rs.com (949)443.0171 (949) 240.7117 fax Document Specialist Graphics Support Technical Editor/Pre-Print Review I Document I All ,Stars Document All Stars is a UDBE [woman owned) certified with the California Unified Certification Program and a WOSB ceni0ed by the SBA Specialties - Expert knowledge of Microsoft Word/office, Adobe Acrobat, Adobe Creative Suite (InDesign, Illustrator, Photoshop), Adobe FrameMaker, and Corel WordPerfecUOffice. Technical editing, Including verifiation and consistency of facts, format compliance, corporate style guide specifications, readability, grammar, punctuation, and corporate voice; Chicago Manual of Style, APA Publication Manual, and GPO Style Manual. Experienced with International publishingspecificatIons and localization of documents prepared for publication In multiple countries—e.g., U.SJAustralra/England, U.SJlapan. Technical Publishing - Environmental Impact Reports and Related Planning Documents. Formatting, editin& technical review; Integrate subconsultant reports, edit for consistency of project details; verify exhibits, tables, and illustrations. Advanced use of MS Word styles and publishing features to automate section numbering, table of contents, lists of tables and exhibits, and cross-references to figures, tables, and °see also" sections. - Housing Element Updates to more than 30 General Plans in California. Formatting, editing, style guides, statistical tables, and graphics. Narrative Appraisal Reports for real estate consultants specializing In appraisals for public agencies and eminent domain. Formatting, editing, document -wide cross-references of project statistics, data tables, digital site photographs, scanned Images of public records and maps. Technical Research Publications for U.S. Department of Agriculture, Forest Service. Editorial assistance with readability, grammar, punctuation, style guidelines, and bibliographic references. Franchise Training Modules for U.S. division of home Improvement franchisor. Procedure descriptions integrated with how-to photographs. Fifteen management modules with ready -to -use forms In Word and PDF posted on the company's website for franchisees. Technical Operations Manual (650 pages) and six franchisee training manuals for European headquarters of home Improvement franchisor. Integrated materials from manufacturers In Italy and Installers In England. German version created from unformatted data submitted by translator. Adobe InDesign - Workbooks for 5 volumes of CD/audiotape series (5 volumes, 600+ pages) for non-native English speakers. Project required extensive use and understanding of IPA phonetics symbol sets. Originally created In Adobe FrameMaker and recently convened to Adobe InDesign. - Educational Materials (5,000+ pages) for international trainer and developer of children's success curriculum. Formats, templates, and visual elements for teacher manuals and student workbooks In MS Word and InDesign, marketing and training presentations in PowerPoint, and AutoPlay CD menus for retail sale. Documents convened for paper sizes and language localizations for publishing in the U.S., the U.K., and Australia. Dorumsnr 9494430171 - fax 949-240-7117- w .d went -all tar ora- mallto-karenadocuen mt-allatarscom * All Stan 30100 Town Center Drive, 40-349, Laguna Niguel, California 92677 Proposal for On -Call Right of Way Property Appraisal Services g RFP No. 18-082, City of Santa Ana 25J-54 Professional Qualifications GERI K, EASLEY, MAI, ISHC Experience 1992—Present Easley & Associates, Anaheim Hills, Principal Provide valuation, market feasibility and other consulting services In the acquisition, sale, portfolio management and development planningof investment real estate. Special expertise in hotel appraisals and consulting. Experience Includes expert witness testimony. 1990-1992 Real Estate Investment Counselors, Newport Beach Appraiser Provided a variety of real estate vahmdon and consulting services. 1988-1990 Landauer Associates, Inc., Santa Ana Assistant Vice President Provided it variety of mal estate valuation and consulting services. 1986-1988 Kenneth Leventhal & Company, San Francisco Senior Consultant Proposal for On -Call Right of Way Property Appraisal Services RFP No, 18-082, City of Santa Ana 25J-55 10 Provided awiderangeofrealestate consuldng services,includingmarket feasibility, studies, valuations and &ancW snalyses. 1983-1986 Laventhol & Horwath, San Francisco, Senior Consultant Provided appraisals and feasibllity, studies for hotels, restaurants, and resorts, 1982-1983 Radisson Hotel Corporation, Bloomington, MN, Hotel Assistant Manager 1981-1982 Holiday Inn International, Bloomington, MN, Front Office Manager Associations MAI, Member of the Appraisal Institute International Society of Hospitality Consultants 0SHC) Southern C211fornla Chapter of the Appraisal Institute California Hotel & Lodging Association Teaching Report Wilting, Standards of Professional Practice and Appraisal Procedures for the Southern California Chapter of the Appraisal Institute Femibllhryy9naly,lr f5e1he Ralph ##Yn&uhy for Golden Gate Univetsity,1967 Speeches "Overview of Hotel Appraisal', Presented to the Southern California Chapter of the Appraisal Institute, 2002 "Financial Analysis", Hotel/Motel Workshop, Presented to the Southern California Chapter of the Appraisal Insdmte,1998 "Operating Expense Analysis for Hotels", Presented to the Southern California Chapter of the Appraisal Institute, 1997 Certification Certified General Real Estate Appraiser, State of California Education Bachelor of Science, Hotel & Restaurant Management, Magna Cum Laude, University of Wisconsin, Stout Proposal for On -Call Right of Way Property Appraisal Services RFP No, 18-082, City of Santa Ana 25J-55 10 Project Organization Hennessey & Hennessey is a highly qualified real estate appraisal firm with the experience and technical skills to accomplish any given assignment. If awarded, the staff members anticipated to be assigned to the subject contract have experience in appraising all types of real property for public projects. Effective organization and management of the project team, Including subconsultants, over the entire duration of the project is key to accomplishing the Intended objectives. Accordingly, Hennessey & Hennessey proposes that the team be under the direction of a single project manager who will be directly responsible to the City of Santa Ana for execution of the City of Santa Ana's assignments. The project manager will have full management, scheduling, and financial responsibility for the project. In addition, the project manager will be responsible for ensuring that the City of Santa Ana's needs are met in a responsive and timely manner, that work efforts are fully coordinated, and that the work is performed at the highest technical level. Organizational Chart Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-56 11 d. Understanding of Need It is our understanding that the City needs qualified Right of Way Property Appraisal firms to provide property appraisal services for the City of Santa Ana Public Works projects. We believe the qualification needed is more than just having the technical knowledge and experience to complete the necessary appraisal services for full or partial acquisitions, fee or easement interests, or permanent or temporary rights. We believe the need and expectation for the City should be a firm that: Understands it is part of the process and part of an acquisition team; 2. Understands its appraisal reports are a tool for the acquisition of property rights for the City's public work projects; 3. Understands its reports have to be understood not only by the agent in the field, but the property owners who are fearful of the process impacting their lives and can have confidence that each detail has been considered in the valuation of their property; 4. Recognizes risks that could derail the acquisition process and notifies the Project Manager of issues in advance to get solutions before the appraisal is completed; and, 5. Does more than just following the appropriate guidelines and standards to meet project schedule deadlines. Hennessey & Hennessey is such a firm that has, for over 39 years, always understood the needs of cities and public agencies. Our Understanding of Need/Scope of Work that follows includes our approach and tasks necessary for successful completion of any assignment the City may have. Scope Understanding Typically, appraisers are. asked to provide valuations for one of several intended uses: preliminary appraisals for budgeting, acquisition appraisals for new sites (or expansion of existing sites) or road widening purposes, appraisal for disposition of surplus property, bond financing, and litigation to include eminent domain. The proposed work plan will differ somewhat depending on the intended use and the property type. In all cases, appraisal work will be performed under the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and appraisal criteria set forth by the City. Preliminary Appraisals In the preliminary appraisal process, no contact is made with property owners. All subject property inspections are completed from the public right of way. Building data is limited to public record data and other information obtained from market data providers. In some cases, it may be suitable to limit the valuation approaches to the single approach most relevant (Cost, Income Capitalization, or Sales Comparison). The scope of work for this intended use includes collection, confirmation, analysis, and reporting of data. Other general market data and conditions are studied. Consideration is given to each subject property's zoning, surrounding improvements, and neighborhood. Proposal for On -Call Right of Way Property Appraisal Services 12 RFP No. 18-082, City of Santa Ana 25J-57 Highest and best use is analyzed, both as vacant and as improved. The highest and best use analysis will assist the appraiser with determining which approaches to value are used. The three approaches to value and how they are applied are summarized as follows. • Collection and analysis of comparable land sales are done to form an opinion of the value of the underlying land using the Sales Comparison Approach. Cost and depreciation data are gathered from published sources and the marketplace. The land value and the depreciated costs new are added together to arrive at an indication of value in the Cost Approach. • Collection and analysis of rental data, income and expense information, and income indicators are done in conjunction with preparing an Income Capitalization Approach. • Collection of improved sales data is done in conjunction with preparation of the Sales Comparison Approach. The scope of a preliminary appraisal is limited; therefore, these reports are not to be used for the acquisition process, but are less costly and suitable for project budgeting and planning. Acquisition Appraisals In appraising property for acquisition, it is necessary to contact subject property owners and invite them to accompany appraisers on the property Inspection by sending them a Notice of Decision to Appraise (NDA) letter. Following preliminary research and the NDA notification process, the following activities take place. • Inspection of the subject property and the subject neighborhoods. During the inspections, an inventory of the property attributes gathered. • Identification and analysis of the market conditions relevant to the subject property type under appraisal. • Investigation of public records for the property's zoning and flood hazard area classification, as well as investigation of the property tax assessor's records for attributes of the property and project details and mapping, if applicable. • Consideration of the highest and best use, both as if vacant and as improved (if applicable). • Application of all relevant valuation methodologies. • Reconciliation of the approaches used into a single fair market value opinion. • Preparation of a written report. Partial acquisitions require an additional layer of analysis. Analysis of the project plans is critical to understanding the impact of the project on the remainder and to analyze the value of the remainder property. In some instances additional expertise is needed. This may include the assistance of an architect, a fixtures and equipment appraiser, or an arborist, to name a few. Partial acquisitions often create different problems that necessitate multiple experts. The real estate appraiser will meet with these types of experts, as needed, and include their work product in the real estate appraisal process when it is appropriate to do so. Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-58 13 Disposition of Surplus Property Appraisals Appraisals completed for disposition of surplus property owned by the City follow the same fundamentals as do other intended uses. All salient approaches to value are applied and reconciled into a single value opinion. In furthering the highest and best use analysis, market analysis focuses on supply and demand, possible reuse of existing improvements, possible zoning change, and overall market conditions. Lltigatlon/Eminent Domain Appraisal The appraiser and the City's legal counsel will work closely in these matters. In these cases, the work plan includes significant preparation, study, and meeting time. Litigation appraisal work is undertaken hourly and performed by the principal appraiser with assistance from staff, as needed. e. Relevant Project Experience City of Anaheim Lincoln Avenue Widening Project (East Street to Evergreen Street). Appraised 13 partial acquisitions consisting of single-family, multi -family, commercial, and school sites. Year completed: currently in progress. Client: City of Anaheim; Rudy Emami, Public Works Director; phone: (714) 765-4311. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano State College Boulevard and La Palma Ave Intersection Improvement Project. Appraised 6 partial acquisitions of commercial properties as required by the project. Year completed: 2017. Client: City of Anaheim; Rudy Emami, Public Works Director; phone: (714) 765-4311. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano South Street Sidewalk Gap Closure Project, Appraised 4 partial acquisitions of 3 industrial properties and 1 residential triplex as required by the project. Year completed: 2016. Client: City of Anaheim; Rudy Emami, Public Works Director; phone: (714) 765-4311. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Brookhurst Street Widening Project. Appraised 18 single-family residences and 5 commercial properties as required by the project. Year completed: 2015. Client: City of Anaheim; Rudy Emami, Public Works Director; phone: (714) 765-4311. Key Personnel: Sharon A. Hennessey, MAI, SRANA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-59 14 Katella Smart Street Remnants. Appraised 12 residential land parcels for potential disposition as excess land. Year completed: 2014. Client: City of Anaheim; Rudy Emami, Public Works Director; phone: (714) 765-4311. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Orange County Transportation Authority (OCTA) 1510-1520 W. Lincoln Avenue, Anaheim. Appraised commercial land for decision-making purposes. Year completed: 2018. Client: OCTA; William Mock, Project Manager; phone: (714) 560-5758 Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Placentia Avenue Grade Separation Excess Land. Appraised 3 commercial land parcels for potential disposition as excess land. Year completed: 2018. Client: OCTA; William Mock, Project Manager; phone: (714) 560-5758. Key Personnel: Sharon A. Hennessey, MAI, SRANA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Avenida Pico, San Clemente, 1.5 HOV Widening. Appraised 10 properties, including a post office, service stations, a fast food restaurant, 2 churches, a duplex, and residential land for road widening purposes. Year completed: 2014. Client: OCTA; Delia Ramirez, Project Manager; phone: (714) 560-5492. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Redlands Passenger Ra11 Project. Reviewed ±40 appraisals to determine their accuracy and compliance with state and federal guidelines. Year completed: currently in progress. Client: HDR, Jodi Griffel, Project Manager; phone: (951) 320-7300. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Riverside County Transportation Commission (ROTC) 1-215 - Placentia Avenue Interchange Project. Reviewed 6 appraisals to determine their accuracy and compliance with state and federal guidelines. Year completed: currently in progress. Client: RCTC, Gina Gallagher, Project Manager; phone: (951) 787-7968. Key Personnel: Sharon A. Hennessey, MAI, SRA/VA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-60 15 SR -91 Corridor Improvement Project. Appraised or reviewed appraisals prepared by other firms for more than 120 properties. The appraisals included full and partial acquisitions of single- and multi -family residences, railroad and flood control corridors, industrial office and commercial buildings, service stations, and vacant land. Year completed: 2014. Client: RCTC, Gina Gallagher, Project Manager; phone: (951) 787-7968. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Overland, Pacific & Cutter LLC 1-10 Improvement Project. There are a total of 153 appraisals to review to determine their accuracy and compliance with state and federal guidelines. Our firm has reviewed 60 appraisals to date. Year completed: currently in progress. Client: Overland, Pacific & Cutler LLC, Ramie Dawit, Project Manager; phone: (951) 683-2353. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano 1-405 Improvement Project. Reviewed more than 300 appraisals to determine their accuracy and compliance with state and federal guidelines. Year completed: currently in progress. Client: Overland, Pacific & Cutler LLC, Daniela Borbe, Project Manager; phone: (949) 951-5263. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano 1-215 Barton Road Interchange Improvement Project. Reviewed 40 appraisals to determine their accuracy and compliance with state and federal guidelines. Year completed: 2015. Client: Overland, Pacific & Cutler LLC, Janet Parks, Project Manager; phone: (951) 683-2353. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano 1.1511.215 Devore Junction/Goods Movement Improvement Project. Reviewed 62 appraisals prepared by other firms to determine their accuracy and compliance with state and federal guidelines. The property types included the following: open space, horse stables, residential, industrial, commercial, and railroad and flood control corridors. Year completed: 2014. Client: Overland, Pacific & Cutler LLC, Min Saysay, Project Manager; phone: (949) 951-5263. Key Personnel: Sharon A. Hennessey, MAI, SR/WA, AI-GRS; Susan D. Taylor; and Joseph S. Montano Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-61 16 f. References City of Anaheim Mr. Rudy Emami Public Works Director Public Works Department P.O. Box 3222 Anaheim, CA 92803 (714) 765-4311 Project function: Project Manager Riverside County Transportation Commission Ms. Gina Gallagher Project Manager P.O. Box 12008 Riverside, CA 92502 (951)787-7141 Project function: Project Manager Orange County Transportation Authority Mr. William Mock Project Manager P.O. Box 14184 Orange, CA 92863 (714)560-5758 Project function: Project Manager Overland, Pacific & Cutler LLC Daniela Borbe Regional Manager OC/SD 1 Jenner, Suite 200 Irvine, CA 92618 (949) 268-5707 Project function: Project Manager Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-62 17 2. Scope of Services and Schedule Outline of Activities of the Approach to Scope of Work a. Define the appraisal problem, which includes identifying the real estate and real property rights to be valued, the date of value, the date of the report, the intended uses and users of the appraisal, the definition of fair market value, and other assumptions and limiting conditions. b. Send by mail, in compliance with the statutory requirement, a letter to each parcel owner offering the opportunity to accompany the appraiser during a property inspection. This notice and all contacts with the property owner will be recorded in a parcel diary. c. For partial acquisition assignments, contact the City of Santa Ana's representative to request that surveyors stake or mark the right of way lines on the subject properties for clarity. d. Conduct on-site Inspections of the subject properties. Photograph, measure, and itemize the improvements. For partial acquisitions, itemize the improvements within the part taken. e. Conduct a field investigation of the subject properties' environs, including gathering data on the region, city, and neighborhood from governmental agencies, real estate agencies, city historical documents, planning and zoning documents from the appropriate city, information from county and city taxing authorities, and other published sources. The subject data is gathered in order to analyze the pertinent trends and constraints that could affect the value of the properties. f. Analyze the highest and best use of each of the subject properties as though vacant and available for development and as improved as defined in the appraisal. g. Search for and analyze relevant, comparable data from the County Assessor's records, the appropriate city's Planning Department, and other data sources, including buyers, sellers, and brokers. h. Use the above information in the application of the three approaches to value: Cost Approach, Sales Comparison Approach, and Income Capitalization Approach, as applicable. I. Estimate and analyze the fair market value of full acquisitions and partial acquisitions. In regard to partial acquisitions, specifically analyze the parts to be taken and any damage and/or benefits that may accrue to the remainders by reason of the takes and the construction of the project in the manner proposed. J. Thoroughly review any specialty appraisals such as fixtures and equipment and/or business goodwill valuations and analyze the values of these items as they relate to the total value of the properties for inclusion in the overall fair market valuation, when requested. k. Prepare a narrative report in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Caltrans Right of Way Manual - Chapter 7, Appraisals (when applicable), State and Federal Uniform Relocation Assistance and Real Property Acquisition Policies Acts, applicable eminent domain law, state -approved appraisal Proposal for On -Call Right of Way Property Appraisal Services 18 RFP No. 18-082, City of Santa Ana 25J-63 requirements, and in some cases Uniform Appraisal Standards for Federal Land Acquisitions. I. Provide one draft appraisal report to the review appraiser, if required. Upon approval of the draft report, provide one original of the final appraisal report and one electronic copy to the City of Santa Ana. All of the above activities in the Approach to Scope of Work will be performed by Sharon A. Hennessey, Susan D. Taylor, or Joseph S. Montano. Subcontractors will be utilized as necessary. Schedule for Completing Tasks The schedule for completing tasks will be determined by the requirements of the City of Santa Ana. In general, appraisal assignments will be completed in four to eight weeks, depending upon the complexity of the assignment. Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-64 19 3. Fee Proposal Our fee proposal is submitted separately. Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-65 20 4. Certifications Appendix ATTACHMENT 3-1: NON COIJ USION AFFIDAVIT CERTIFICATIONS VM QUUSIONAFFIDAVIT (Title 23 United States Code Section 112 end Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of or on behalf 4 any undisclosed person, parmerablA Company, associadon, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or Indirectly Induced or solicited my other BIDDER to put in a false or sham bid, and has not directly or Indirectly colluded conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or Cost element of the bid price, or of that of any other BIDDER, or to secure my advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements Contained in the bid we we; and, further, that the BIDDER has not, directly or Indirectly, submitted his or her bid prim or any breakdown tbereof, or the eordams thveof, or divulged Information or data relative thereto, a paid, and will not pay, my fee to any corporation, partnership, compm y association, organization, bid depository, or m my membcr or agent thereof to effectuate a Collusive or sham bid. Note: The above Non -collusion Affidavit Is part of the Proposal. Signing this Proposal on the signature Portion thereof shell also constitute Signature of this Noncolluslon Affidavit BIDDERS are cautioned that makir 4. lse eartificadlon may spbjeot the certifier to criminal prosecution, Signed State of California County of Subscribed and swam to (or affhmed) before me on thisday of . 20_,, by before me. proved m me on the basis of satisfactory evidence to be the person(s) who appeared Cj.2� 711 "'�G/tfr YlLy"� Notary Public Signature Notary Public Seal City ofS rata Ma RFP Pogo A3 -t Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-66 21 All-purpose Acknowledgment California only A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County o! 0g/IN6'P On /o s beforeme, -%viEa n. HRRr10. JIla rnttor N p L4rc r «1 .therelnsertname and title oPthe officer), personalty appeared SlhtRo.J ,v who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In hisl her/their authorized apaclrylies), and that by his/her/thelr stgnature(s) on the Instrument the pencn(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct, WITNESS my hand _--and-official seal. Signature For�Atta,6he'dlyDocument escdptlon of Type or Title of Document /V0A'— cocr-vsro,v AerC,1+',r Document Date �Iltxxlllgptxxxxxtlttllxttl� S v �A�t owwM �'�°seottan Snntiixn ns�ini�n� tnv Number of Pages 2 NOW/Seal Slgner(s) Other Than Named Above J-'oivE 1111111111111111011111111111111 Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-67 22 •` ; , s . . �CER'CIF'�1C:�i'1�I�1FS �:- .r:. The prospective participant certifies, by slgning and submitting this bid or proposal, to the best of his or her knowledge and bene$ that: I. No federal appropriated funds have been paid a will bepald, by oron behalf of the undersigned, to any personfor influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee ofaMember of Congress in connecdonwlththe awarding of any federal contact, the making of anyfedeml grant, the making of any federal loan, the entering into of any cooperative agreement and the wdemion, amninuadon, renewal, amendmem, or modification of any federal contact, grant, loan, or cooperative agreement. 2. Ifaay funds other than federal appropriated fiords have been paid or will be paid to am person for Influeacivgor attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of Member ofCongr ss In comrectlonwith this federal contract, grant loan, loan or cooperative agreement, the undemigned shall complete and submit a "Disclosure of Lobbying Activities". This unification is amaterial representation of feet upon which reliance was placed when this transaction was made or entered into. Submission oftbis certification is a prerequisite for maldog or entering Into this transaction imposed by Section1352,T111o31, U.S.Code. Any person who fails to file the required certification shall be subject to a oivil penalty of not less than$10,000 andnot mom than 5100,000 for eachsuch failure. The prospective participant also agrees by submitting his or her bid or proposal thathe or she shall require thatthe language ofthis certification be included in all lower tier subcommets, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly, Firm Signa Tine Date CRY of Santa Ana RFP Page A3.2 Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-68 23 Appendix ATTACEMENT 3-3: NON-DISCRDMATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, cor1ifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Consultant shall take affinuadve action to ensure that applicants me employed, and that employees are treated during employment without, regard to their race, color, religion, sex, ornational origin. Such action shall include, but not be limited to, the following: employment, upgmding, demotion, or transfer, recruitment or recruitment advertising layoff or tomrination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regardto race, color, religion, sox, or national origin. 3.. the Consultant shall send to each labor radon or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and ofthe rules, regulations, and relevant orders ofthe Secretary of Labor. 5. 'Me Consultant shall famish all information and reports required by Executive Order 11246 of September 24, 1965, and by piles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, mrd orders. 6, In the event of fire Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may he canceled, terminated, or suspended in whole or in part mrd the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order ofthe Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of pamgmphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ma RFP Page A33 Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-69 24 by rules, regulations, or orders nfthe Secretary of Labor issued pursuant to Section 204 ofBxecmive Order 11246 of September 24, 1965, so that such provisions will be binding upon r,ch subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, Including sanctions for noncompliance-, provided, however, that in the event the Consultant becomes involved In, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United states enter Into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP PagoA9.4 Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-70 25 EXHIBIT B Proposal for RFP No. 18-082 On -Call Right of Way Property Appraisal Services City of Santa -Ana Attn: Mr. Kenny Nguyen Public Works Agency 20 Civic Center Plaza Santa Ana, California 92702 October 8, 2018 Original 25J-71 Fee Proposal Fee Proposal Hourly Fee Schedule Employee/Subcontractor Services and Hourly Rate Schedule Name Job Title/ Classification Job Function Fully Burdened Hourly Rate* Sharon A. Hennessey Senior appraiser Real estate appraisal $265 Court testimony $350 Susan D. Taylor Associate Appraisal assistant $130 Joseph S. Montano Associate Appraisal assistant $100 Subconsultants Document All Stars Project support Document preparation $75 Geri Easley Senior appraiser Real estate appraisal $265 Court testimony $350 2. Table Outlining Tasks and Team Efforts Hennessey & Hennessey utilizes its permanent staff and selected subcontractors on an as -needed basis to ensure that adequate labor resources are available to complete all contract task orders on a timely basis. The following table illustrates a typical labor -hour allocation for a hypothetical assignment, the full take of a commercially improved property. Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-72 Hours to Complete Tasks Sharon A. Joseph S. Susan D. Document Task Hennessey Montano Taylor All Stars Gather Information on subject (e.g., physical — 1.00 — — characteristics, zoning, general plan, taxes, flood zone) Inspect subject neighborhood 0.50 0.50 — — Inspect and photograph subject property 1.50 1.50 — Conduct comparable sales search — 6.00 — Conduct rental survey — 4.00 — View comparable sales and rentals in field 6.00 6.00 — — Verify sales — — 3.00 — Analyze valuation and write report 12.00 2.00 — Type and prepare report — 4.00 Prepare exhibits — 2.00 — — Review, edit, refine document 2.00 — 3.00 — Prepare final document — 1.00 1.00 Total 22.00 18.00 12.00 5.00 Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-72 3. Project Fee Schedule Process for Completing Appraisal Assignment for Addresses a. Define the appraisal problem, which includes identifying the real estate and real property rights to be valued, the date of value, the date of the report, the intended uses and users of the appraisal, the definition of fair market value, and other assumptions and limiting conditions. b. Send by mail, in compliance with the statutory requirement, a letter to each property owner offering the opportunity to accompany the appraiser during a property inspection. This notice and all contacts with the property owner will be recorded in a parcel diary. c. For the partial acquisition assignments, contact the City of Santa Ana's representative to request that surveyors stake or mark the right of way lines on the subject properties for clarity, prior to the inspection. d. Conduct the on-site inspections of the subject properties. Photograph, measure, and Itemize the improvements. For the partial acquisition, itemize the improvements within the part taken. e. Conduct a field investigation of the subject properties' environs, including gathering data on the region, city, and neighborhood from governmental agencies, real estate agencies, city historical documents, planning and zoning documents from the appropriate city, information from county and city taxing authorities, and other published sources. The subject data is gathered in order to analyze the pertinent trends and constraints that could affect the value of the properties. f. Analyze the highest and best use of each of the subject properties as though vacant and available for development and as improved (if appraised as improved) as defined in the appraisal. g. Search for and analyze relevant, comparable data. Confirm factual information regarding each sale with the County Assessor's records, the appropriate city's Planning Department, and other data sources. Confirm the sale with buyers, sellers, or brokers,. when possible. h. Use the above information in the application of the approach to value. In the case of the single-family residence, the Sales Comparison Approach will be used. For the partial taking, the Sales Comparison Approach would be used to appraise the underlying land. A Modified Cost Approach is used to value the site improvements. I. Estimate and analyze the fair market value of the full acquisition and the partial acquisition. For the partial acquisition, specifically analyze the parts to be taken and any damage and/or benefits that may accrue to the remainders by reason of the takes and the construction of the project In the manner proposed. j. Prepare an Appraisal Report In conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Caltrans Right of Way Manual - Chapter 7, Appraisals (when applicable), State and Federal Uniform Relocation Assistance and Real Property Acquisition Policies Acts, applicable eminent domain law, state -approved appraisal requirements, and in some cases Uniform Appraisal Standards for Federal Land Acquisitions, k. Provide one draft appraisal report to the review appraiser, if required. Upon approval of the draft report, provide one original of the final appraisal report and one electronic copy Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-73 to the City of Santa Ana. Prepare the Appraisal Summary Statement to accompany the City's offer package. All of the above activities in the Approach to Scope of Work will be performed by Sharon A. Hennessey, Susan D. Taylor, or Joseph S. Montano. Subcontractors will be utilized as necessary. The fee for appraising the sample properties is as follows: 1224 E. Warner Avenue $4,500 This fee assumes that only the underlying land and site improvements are to be appraised. No mitigation/cost-co-cure measures are required. No severance damages. 2246 S. Evergreen Street $2,850 Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082, City of Santa Ana 25J-74 AGREEMENT TO PROVIDE ON-CALL RIGHT-OF-WAY PROPERTY APPRAISAL SERVICES THIS AGREEMENT is made and entered into on this 18th day of December, 2018 by and between Ellis Group, Inc. dba-IntegraRealty Resources — Los Angeles ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 17, 2018, the City issued Request for Proposal No. 18-082 ("RFP") by which it sought consultants to provide on-call right-of-way property appraisal services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-082. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and at the sole discretion of the City, Consultant shall perform the services described in the scope of work that was included in RFP No. 18-082 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two consultants selected to provide right-of-way appraisal services on an on-call basis under RFP No. 18-082. The total compensation for services provided by all consultants selected under RFP No. 18- 082 shall not exceed a combined amount of $400,000 during the term of this Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 0J 5 3. TERM This Agreement shall commence on the date first written above and tenninate on December 17, 2021', unless terminated earlier in accordance with Section 16 below. The term of this Agreement may be extended for two 1 -year periods upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on `public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 25J-76 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single Emit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d, If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. Page 3 of S 25J-77 If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal orproperty rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the -extent Consultant's services. are subject to Civil Code Section 2782.8, the above indemnity shall be 1united, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNMCATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Page 4 of 8 25J-78 Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement aclmowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 25J-79 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the Cityupon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be Page 6 of 8 25J-80 cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City.. Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Integra Realty Resources — Los Angeles 16030 Ventura Boulevard, Suite 620 Encino, CA 91436 Attn: Beth B. Finestone, Managing Director A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above: If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 25J-81 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: wv'q� John 61.Funk Assistant City Attorney FOR APPROVAL: Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Raul Godinez II City Manager CONSULTANT: By: Title: Page 8 of 8 25J-82 EXHIBIT A Integra Realty Resources Los Angeles Response to RFP No. 18-082 On -Call Right of Way Property Appraisal Services In the City of Santa Ana TECHNICAL PROPOSAL Prepared for: City of Santa Ana Attn: Kenny Nguyen Public Works Agency 20 Civic Center Plaza, M36, Ross Annex Santa Ana, CA 92701 October 4, 2018 irr. -: Integra Really Resources 16030 Ventura Boulevard T 818.290.5400 Los Angeles Suite 620 F 818.290.5401 Encino, CA 91436-4473 mwi.in.com October 4, 2018 City of Santa Ana Attn: Kenny Nguyen Public Works Agency Lleirr20 Civic Center Plaza, M36, Ross Annex Santa Ana, CA 92701 SUBJECT: Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services in the City of Santa Ana Dear Mr. Nguyen: Integra Realty Resources — Los Angeles (IRR -Los Angeles) is pleased to respond to your Request for Proposal (RFP) No. 18-082 (dated September 17, 2018) to provide On -Call Right of Way Property Appraisal Services In the City of Santa Ana (City). This proposal Is submitted to comply with the submission deadline of no later than 4:00 p.m. on Monday, October 8, 2018. The legal name of the firm is Ellis Group, Inc. dba Integra Realty Resources— Los Angeles. The contract should be addressed to the dba Integra Realty Resources — Los Angeles at 16030 Ventura Boulevard, Suite 620, Encino, CA 91436-4473. The firm's phone number Is (818) 290-5400. Ellis Group, Inc. (dba Integra Realty Resources — Los Angeles) is an S -corporation, California corporate number C1979969, in good standing. The firm was incorporated March 6,1997. Note that both Beth B. Finestone, MAI, AI-GRS, FRICS, CRE (bfinestone o(�irr.com), Managing Director, and John G. Ellis, MAI, CRE, FRICS (iellisft-irr.com), Senior Managing Director, are principals of the firm authorized to sign documents on behalf of IRR -Los Angeles. However, Ms. Finestone will be the City's contact for contractual matters. IRR -Los Angeles concurs with any and all provisions as contained in the Agreement attached to the RFP as Attachment 2 in the Appendix. Thank you for the opportunity to submit our qualifications to provide professional appraisal services to the City. If you have any questions or comments, please do not hesitate to contact me at (818) 290-5455. Sincerely, Integra Realty Resources — Los Angeles bjk_�J� Beth B. Finestone, MAI, AI-GRS, FRICS, CRE Managing Director BBF/mt 25J-84 Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services i Firm and Team Experience Integra Realty Resources — Los Angeles specializes in completing appraisal assignments for public agencies and for litigation purposes. We have significant experience in eminent domain appraisals with a specialty in appraisals for transportation projects (right of way). The work we do for public agencies Involves full and partial acquisition appraisals, disposition appraisals, appraisals of land for mitigation purposes, and appraisals for bond financing. We also do consulting and appraisals relating to reuse studies. All senior professional staff members at IRR -Los Angeles are current In their continuing education requirements in their status as certified general appraisers in the State of California. Accordingly, they are sufficiently familiar with the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and especially with Standards Rules 1 and 2 that apply to the development of real property appraisals and the preparation of real property appraisal reports. The requirements of all applicable regulations are reviewed on a regular (and not less than annual) basis to assure our current knowledge of these requirements and the full compliance of our appraisal development and reporting. We also review the Caltrans Right of Way Manual, Uniform Standards for Federal Land Acquisitions, and the California Code of Civil Procedure regularly as a significant portion of our work is written to these standards. All of our work conforms to best business practices as generally recognized by other market participants, including other government agencies. Overall administration for services provided to the City will be coordinated by Beth B. Finestone, MAI, AI- GRS, FRICS, CRE. She will also have direct and personal Involvement in the completion of the appraisals and in the communication of the results of these appraisals to the staff or other designated representatives of the City. John G. Ellis, MAI, CRE, FRICS, Robert M. Lea, MAI, and Adam M. Bogorad, MAI, also qualify as project managers for any work for the City. Iahn G. EI11SAW.[Xt.M5 Bah B. Blnestane, Alm,:d GBS, (RIGS. CBE I I Rabat M. lea. MM Srnrar M1fanop%np p%rcRRr M1famginq pircaor 04[Ror Y4114m1arsen. N/WA AdanMBaBvrad.M1W pl2cror pinRRr R,an/.paEElns PaSeon<o%art[ SnOAGpnao4rAMpdotan r Srniorgn.aryst Srnior.Awhisan laSardo-ciniegam.prtdi Beth B. Finestone, MAI, AAGRS, FRICS, CRE, Managing Director, is in line to become chapter president for the Southern California Chapter of the Appraisal Institute (SCCAI), the largest chapter in the United States. She also holds the AI-GRS (review appraiser) designation of the Appraisal Institute. In addition, she is a fellow of the Royal Institution of Chartered Surveyors (RICS). She is also a member of the Counselors of Real Estate (CRE) and of the International Right of Way Association (IRWA). She is a certified Yellow Book (Uniform Appraisal Standards for Federal Land Acquisitions) appraiser. Ms. Finestone specializes in the appraisal of property for public agencies. This work includes acquisition and disposition appraisals as well as rent studies, ground lease analyses, and right-of-way appraisals (both full and partial acquisition appraisals). Ms. Finestone has also been active In valuing land for conservation and mitigation purposes and has been awarded on call appraisal contracts with many public agencies in Los Angeles, Orange and Riverside Counties. 25J-85 Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 2 Ms. Finestone is also an experienced review appraiser. She has reviewed large numbers of appraisals for OCTA, LAUSD, the cities of Ontario and Riverside, and Los Angeles County Metropolitan Transportation Authority (LACMTA). John G. Ellis, MAI, CRE, FRICS, Senior Managing Director, has served as past president of the SCCAI, has served as an elected member of the SCCAI Board of Directors for five years, has served on various volunteer committees for the Appraisal Institute (at the local, regional, and national levels) for more than 20 years, and is a nationally approved Instructor for the Appraisal Institute. In November 2013 he was honored as a Volunteer of Distinction by the local chapter. Four times he has chaired the SCCAI's Annual Litigation Seminar conducted for the benefit of Southern California's legal and appraisal communities. Mr. Ellis is also a member of the CRE and the IRWA and a fellow of RICS. He is Yellow Book certified, having successfully completed the accredited course the Uniform Appraisal Standards for Federal Land Acquisitions. As senior managing director of the firm, he is Involved in completing valuation and consulting assignments, overseeing the work and the mentoring of some of the junior staff members. He has significant experience in the coordination and management of multiproperty assignments. Robert M. Lea, MAI, Director, has been working in the field of real estate appraisal, analysis, and consulting for many years. His work covers a broad range of appraisal and consulting assignments, litigation support, and expert testimony. He has taught, published and lectured in the appraisal field. Mr. Lea founded Lea Associates in 1976 and operated the firm until recently. Mr. Lea joined IRR -Los Angeles in December 2017 and brings a wealth of experience. He serves law firms, public agencies, corporate clients, lenders, and developers. Mr. Lea has had the opportunity to work in financial appraisal, consulting, and eminent domain valuation and testimony since the beginning of his career and has appraised hundreds of properties in city center redevelopment projects as well as full and partial takings for right-of-way assignments which range from street widenings to freeway acquisitions to subterranean tunnel easements for subways. Mr. Lea frequently is retained in arbitration proceedings either as an appraiser or arbitrator. This provides Mr. Lea with the experience and qualifications to instruct real estate appraisers and to provide a special focus on market analysis, appraisal procedures, valuation, and reporting. Adam M. Bogorad, MAI, Director, has worked in real estate since 2002 and has been a licensed real estate appraiser since 2005. Mr. Bogorad has been engaged in assignments covering a wide array of property types for both public and private sector clients and has been designated as a real estate expert witness in the Superior Court of California. With specific respect to land valuation matters, Mr. Bogorad has successfully completed assignments all over Southern and Central California for clients such as OCTA, Caltrans, Southern California Edison Company (SCE), California High -Speed Rail Authority (CHSRA), numerous government agencies and public -school districts, McDonald's USA, and a number of law firms. Mr. Bogorad also has extensive experience with matters of eminent domain. He has presented, as an instructor, courses related to various aspects of real estate analysis. The qualifications of the appraisers who will potentially be assigned to do the work are detailed in the Professional Qualifications section of this proposal. Representation in Court Proceedings Mr. Ellis, Ms. Finestone, Mr. Lea, and Mr. Bogorad have appeared as expert witnesses in multiple courts throughout California. Mr. Ellis and Mr. Lea specialize in appraising for litigation purposes and are in high demand as an expert witness and arbitrator (Mr. Ellis). Summaries of court experience will be provided upon request. The following table illustrates the availability of key personnel to provide work for the City of Santa Ana. Please note that we have the ability to allocate a greater percentage of our manpower, if necessary, to complete a large group of appraisals for a given project or projects. We have this ability due to the depth and size of our staff. We have included only senior members of our team in the table which follows. Once a project is in full swing, we would allocate 100 percent of the resources of the required key personnel. 25J-86 Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 3 Name, Title % Name, Ti0e % Beth B. Finestone, MAI, AI-GRS, FRICS, CRE, Managing Director 20 Ryan J. Dobbins, Associate Director 30 John G. Ellis, MAI, CRE, FRICS, Senior Managing Director 10 Jerardo Arciniega, Senior Analyst 30 Robert M. Lea, MAI, Director 10 Susan O. Gordon, Senior Analyst 20 Adam M. Bogorad, MAI, Director 30 Aaron S. You, Senior Analyst 40 William Larsen, SRNVA, Director 40 Thomas G. Richardson. Senior Analvst 40 Understanding of Need/Scope of Services and Schedule Each right of way project varies in terms of the timing that appraisers are brought into the project. in recent years, design build projects have become much more popular. A design build project involves much more communication with the client on a regular frequency than a project that has been fully designed prior to appraisals being ordered. This results in part from the fluidity of the project, questions about design that are integral to the appraisal process and assumptions that may be required when projects are earlier in the design process. Prior to bidding on an assignment, Beth Finestone would discuss the individual project with the appropriate representative of the City to make sure we have an understanding of the general impact the project may have on the individual property(s) to be appraised. If possible, this would include a preliminary review of project maps (right-of-way maps) and aerial photographs. This will enable Ms. Finestone to provide an appropriate fee quote to the City that can result in the greatest economies of scale. For example, if it can be ascertained that an Individual property or properties can be valued as land only, as the required acquisitions are minor and no severance damages are anticipated, then a lower fee can be quoted versus automatically assuming a full before and after analysis, as improved, must be undertaken. In terms of the processes for workflow management, IRR -Los Angeles has business processes in place to perform the scope of services as set forth in the City's RFP. The firm operates a well -organized project management system that streamlines the workflow, freeing up our analysts to concentrate a very high percentage of their time on doing analysis rather than administrative tasks. As soon as a project (may Include multiple appraisals for a large project) is awarded, each individual appraisal assignment is assigned to a senior appraiser and is given a job number, posted on an Excel Master Tracking Spreadsheet (EMTS) that Is updated daily as milestones on each individual assignment are reached. This EMTS is maintained and updated daily through the assignment's completion. Every process has a column on the EMTS, so that at a glance, the precise status of each appraisal can be known at any moment in time. In this manner, IRR -Los Angeles is able to coordinate a large number of appraisals related to any given Project. The EMTS is tailored to the individual assignment and the reporting needs of the client. Items that are typically tracked Include property Identification number, APN, physical address, property owner contact information, date notice of Intent to appraise letter is received, date owner notification letter sent, status of return receipt (all owner notification letters are sent certified mail, return receipt requested), date of inspection, ongoing summary of owner contact (parcel diary), comments (summarize missing Information or items that require resolution), date draft report Is anticipated to be delivered, actual date draft report is delivered, date review comments are received, date review comments are responded to, date of final report delivery. If a larger multiproperty assignment is awarded, we would like to set a meeting with the project manager at the City to discuss the project and to glean any information available as to property owner concerns and project impacts. We have found that sitting with the client at the onset of a larger multiproperty assignment and going over the individual properties and reviewing maps together can result in tremendous time savings down the road. In the case of an individual property award, this can often be handled over the phone. Next, contact is made with the property owner or their designated representative (owner notification letter) giving them the opportunity to accompany the appraiser on the inspection of the property and provide all Information they feel is important. The senior appraiser remains directly involved in all aspects of the 25J-87 Response to RFP No. 18-082 for On -Call Right of Way PropertyAppralsal Services 4 inspection, analysis, and appraisal completion. Limited amounts of research assistance may be provided by less senior appraisal staff, under the direct guidance and supervision of the project's senior appraiser. All assignments are reviewed by one of the firm's MAls, who will also sign the appraisal report and take full responsibility for its content. Upon final review, the report is delivered to the client. If requested, a draft of the report will be submitted for review prior to finalization. Appraisal assignments are completed with the use of the most appropriate valuation methods for the specific property type. These Include the Sales Comparison Approach, the Income Approach, and the Cost Approach. For single-family residential properties and land appraisals, the Sales Comparison Approach is usually the most relevant approach and Is typically the only one that has application to the property. For income-producing properties, Including multifamily residential properties, the Income Approach is commonly utilized, along with the Sales Comparison Approach. For buildings that are newer (non-residential), or which contain fairly specialized improvements, the Cost Approach is frequently relevant. In the process of completing part -take acquisitions, we give full consideration to possible severance damages and benefits that may accrue to the remainder parcels as a result of the acquisition and project. The appraisers of IRR -Los Angeles have qualified as experts and have performed reviews and testified on these specific valuation methods and applications as referenced on the professional qualifications that are made a part of this proposal. When an acquisition results in the services of a FF&E and/or business goodwill appraiser being involved, we coordinate directly with them to ensure that all Items are accounted for and also to ensure that there Is no double counting of compensable items. Upon receipt of notice to proceed, our work will progress through the completion of the following steps and others that may be deemed relevant as we complete the assignments. Please note that the time schedule below assumes multiple property appraisals are awarded at a single time. This timeframe can be compressed for smaller assignments or to meet client needs. Week 9 1. Beth Finestone will notify her administrative assistant of all jobs awarded and assign them to key personnel. 2. Within 24 hours, each Individual property will be assigned a job number, posted on EMTS and attached to a routing form that follows the project through the production process. As part of this process all of the properties are input Into DataPoInt, our proprietary data management system utilized in part to coordinate large property assignments. 3. Meet with client to review mapping, ownership records, aerial photos, and other project -specific documents. 4. Organize a series of work notebooks (one for each property being appraised) that will allow us to maintain a high level of organization throughout the project. 5. Prepare and send owner notification letters. 6. Request all necessary data from Client. Weeks 2-3 7. Begin research for comparable sales and for relevant land use issues inappropriate jurisdictions. B. Review subject title reports (if available), 9. Review the easement deeds for the subject properties. 10. Conduct onsite inspections of the subject properties and meet the property owners who have responded positively to our offers to do so. For properties where the owner does not respond, we Inspect from the public right of way. 11. Complete field inspection of comparable sale transactions. 12. Conduct confirmation interviews for the comparable sales. 13. Meet with representatives of relevant jurisdictions to review land planning maps and documents and to conduct appropriate Interviews concerning zoning and general plans. 25J-88 Response to RFP No. 18-082 for On -Call Right of Way Property Appralsal Services 5 14. Prepare master report detailing appraisals for each geographic region. Week 4 15. Senior appraisers meet with Beth Finestone, John Ellis, Bob Lea, or Adam Bogorad to conclude preliminary values for a geographic region. 16. Complex valuation issues will be personally addressed by Beth Finestone, John Ellis, Bob Lea or Adam Bogorad. 17. Senior appraisers prepare valuation analysis within a framework that allows us to review values on a parcel -by -parcel basis, to assure the development of value opinions that are both well -supported and consistent across all parcels of the project. 18. For partial acquisitions, evaluate the Impact of the acquisition(s) and the project on the remainder, and complete the analysis of severance damages. Weeks 5-6 19. Beth Finestone, John Ellis, Bob Lea or Adam Bogorad review all final valuations. 20. Senior appraisers finalize the appraisal reports, statements of valuation, and parcel diaries. 21. Organize the subject photos and comparable sale data sheets. 22. Upload all final documents to the designated, secure website or deliver electronic and hardcoptes of reports as requested. Post Delivery 23. We will be readily accessible to address any questions or concerns that arise from the City's review of our delivered work product. Attention to post -delivery inquiries will be a high priority item to be addressed Immediately upon presentation. IRR -Los Angeles is in the unique position to utilize state-of-the-art computer technology and the Industry's most advanced computer software in the preparation of every assignment. Integra Realty Resource's DataPolnt'TM and MarketPointT"' software provide clients with consistent applications of the most sophisticated valuation tools, access to a national database, and delivery of a standardized report for ease of review and presentation. DataPoInt, which Is a web -based appraisal management program that incorporates an advanced Customer Relationship Module and Project Management Module (PMM), delivers real-time tracking of assignments and asset details. With the PMM clients can access valuation and counseling reports through secured digital communication regarding recently completed projects. The web -based interface also incorporates a comparable database module which captures property and land inventory, sales and lease transactions, income and expense Information, and multifamily rental data. Using DataPoInt we will be able to provide daily updates to the City. This system was developed by Integra Realty Resources. It is used Internally to log and track the status of each assignment. However, it is also available for use by our clients, and can be used for the posting of final PDF copies of documents or reports, 24 hours a day, seven days a week. Web -based, the system can be accessed by standard phone lines (modem), DSL, T1, and wireless technologies anywhere in the world. Relevant Project Experience Notable examples of significant appraisal assignments for public agencies that IRR -Los Angeles has successfully completed include the following: 1. Overland, Paciric B Cutler/OCTA: We appraised 33 single-family residences that are Impacted by the 1-405 Widening Project in Costa Mesa. The acquisitions all involve temporary construction easements (TCEs). This assignment required an analysis of temporary severance damages due to Impacts to rear yards as well as a valuation of all site Improvements in the TCE areas. In addition, we have appraised approximately 70 commercial properties in Westminster and Fountain Valley as part of the project. Some of the commercial properties suffered significant damages which required analysis. 25J-89 Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 6 2. Overland, Pacific & Cutler/Caltrans: We recently appraised 25 larger parcels that will be impacted by partial acquisitions for the 1-5 HOV Improvement (widening) Project in the Mission Viejo area. In this assignment, we acted as in -lieu appraisers for Caltrans. 3. Orange County Transportation Authority. Multiple appraisals in Orange County: • City of Buena Park: We appraised six OCTA -owned parcels of vacant land located for disposition purposes. They were considered surplus remnant parcels. ■ LakevlewAvenue Grade Separation Project: We reviewed approximately 28 appraisals, some of which involved dual appraisal of complex part -take assignments. ■ 1-5 HOV Improvement (widening) Project: We completed review work for approximately 10 appraisals and appraised 25 properties In the Mission Viejo area that were proposed to be impacted by partial acquisitions. • Sand Canyon Bus Base: We appraised the partial fee acquisition of the subject property required for the realignment of Marie Way in the City of Irvine. ■ Orange County Streetcar Project: We appraised six commercial properties for full acquisition. These included a multifamily residential property and a recycling center, school, gas station, flood control channel, and public agency property. 4. County of Los Angeles Department of Public Works On -Call Appraisal Services: We have appraisedd-a number of projects for the County: ■ Twin Lakes Sewer Improvement Project (involved partial acquisitions on 37 properties), ■ Point Dume Reservoir, ■ Meisner Street Easements, ■ Lease Properties adjacent to flood control channels, ■ McDonnell Avenue right-of-way easements, • Nine County of Los Angeles courthouses, • Culvert Upgrade—Phase II Project, • Santa Monica Canyon Channel Property 5. City of Ontario On -Call Appraisal Services: Appraisal of multiple parcels of industrial, commercial, and multiresidentiai properties, concentrated in the vicinity of Ontario International Airport. In addition to performing acquisition and disposition appraisals for the City of Ontario and Its Housing Department, we have also been retained to complete appraisal reviews of outside appraisals prepared by other fee appraisers for parcels within Ontario. 6. City of Inglewood On -Call Appraisal Services: We recently completed the appraisal of 11 properties for the Century Boulevard Mobility Improvement Project. 7. City of Riverside RTRP: We initially valued 22 residential and commercial properties in the City of Riverside. These properties all had a three -foot -wide partial taking along their frontage to accommodate the construction of a 69kV transmission line. This represented phase one of this assignment. Phase Two involved the partial taking of land over seven properties owned by University of California -Riverside for the construction of a transmission line. The final phase involved approximately 90 properties of various types which will be Impacted by partial takes for the construction of a transmission line. 8. California Department of Transportation — Legal Division: We have been engaged as an expert witness in 36 litigation matters for properties In Los Angeles, San Bernardino, and Riverside counties. 9. OPC/Riverside County Transportation Commission: We appraised parcels under more than 70 separate ownerships affected by acquisitions and easements for the SR -91 Corridor Improvement Project through the City of Corona. The complete summary appraisal reports and appraisal summary statements included a valuation of the properties In the before and after condition. Some of the properties were very complex and had significant severance damage analyses due to loss of building improvements, parking, loading, etc. The ultimate client Is the RCTC. Several of the properties are proceeding to eminent domain litigation so expert testimony will be required. 25J-90 Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 7 10. OPC/City of Bakersfield: We just completed the appraisal of five properties as part of the Calloway Drive Widening Project within the City of Bakersfield. Severance damages studies are part of this analysis. 11. Paragon Partners Ltd: For the Fullerton Road Grade Separation Project, we appraised eight properties within the City of Industry. The proposed acquisitions included utility easements, road easements, and TCEs. Severance damages resulted from some of the acquisitions, and those were analyzed. 12. Paragon/Alameda Corridor -East Project: We appraised two Industrial buildings as full acquisitions for the Durfee Avenue Grade Separation Project in the City of Pico Rivera. 13. Metroraff Underground Easements; Appraisal of numerous underground easements acquired as part of the Metrorajl subway construction In Los Angeles. For five of these parcels, the appraisals served as a basis for expert testimony in an eminent domain trial presented in the Los Angeles County Superior Court. 14. California High -Speed Rall Authority. Since 2014 we have been working with multiple prime consultants as appraisers for approximately 200 properties under separate ownerships throughout the San Joaquin Valley as part of the high-speed rail project. These have involved full and partial acquisitions of agricultural, residential, commercial, and industrial properties. Below is a partial list of public agency clients for whom we have successfully completed assignments through the firm's history. (can move this to Addenda in qualifications section if need the space) Cities Ojai Unified School District Anaheim City School District Orange County Department of Education Anaheim Union High School Dlstdct Allso Viejo EI Monte Lancaster Newport Beach San Dlmas Arcadia Fountain Valley Lawndale Ontario Santa Monica Bakersfield Glendale Loma Linda Orange Seal Beach Baldwin Park Hawthorne Long Beach Oxnard South EI Monte Bellflower Hermosa Beach Los Angeles Palmdale Stanton Beverly Hills Huntington Beach Lynwood Pasadena Temecula Buena Park Indio Malibu Redondo Beach Upland Carson Inglewood Monrovia Rialto Vlctorville Claremont Irvine Montclair Riverside West Hollywood Cudahy La Habra Monterey Park Rosemead EI Centro La Verne Moreno Valley Sacramento School Districts and Educational Institutions Adelanto School District Ojai Unified School District Anaheim City School District Orange County Department of Education Anaheim Union High School Dlstdct Oxnard Union High School District Antelope Valley Union High School District Palm Springs Unified School District Barstow Community College District Palmdale School District Beaumont Unified School District Paramount Unified School Distdct California State University, Los Angeles Pepperdlne University Castalc Union School District Placentia—Yorba Linda Unified School District EI Monte Union High School District Pomona Unified School District EI Segundo Unified School District Regents of the University of California Fontana Unified School Distdct Riverside Unified School District Fountain Valley School District San Bernardino City Unified School District Hermosa Beach City School District San Gabriel Unified School District Las Virgenes Unified School District South Pasadena Unified School District Long Beach Unified School District Southern California Institute of Architecture Los Angeles Community College District Slmi Valley Unified School District Los Angeles County Office of Education University of La Verne Los Angeles Unified School District Val Verde Unified School Distdct Moreno Valley Unified School District Victor Valley Union High School District Morongo Unified School District Other Public Agencies and Related Consultants Associated Right of Way Services, Inc. Los Cerritos Wetland Authority Bender Rosenthal, Inc. Metropolitan Water District of Southern California Briggs Field Services, Inc. Mountains Recreation & Conservation Authority California Department of Fish and Wildlife OmntTrans 25J-91 Response to RFP No. 18-082 for On -Call Right of Way Property Appralsal Services B California Department of General Services California Department of Justice California Department of Transportation California Department of Water Resources California High -Speed Rail Authority California State Coastal Conservancy California State Parks California Wildlife Conservation Board CDC of the County of Los Angeles Center for Community and Family Services Continental Field Service Corp. Epic Land Solutions, Inc. HDR Engineering, Inc. Housing Authority of the County of Los Angeles Housing Authority of the County of Sen Bernardino L.A. County Metropolitan Transportation Authority Los Angeles County Department of Auditor -Controller Los Angeles County Department of Public Works Los Angeles World Airports Orange County Transportation Authooly Overland Pacific & Cutter. LLC Paragon Partners Ltd. Port of Long Beach Port of Los Angeles Riverside County Economic Development Agency Riverside County Transportation Commission Sanitation Districts of Los Angeles County Santa Monica Mountains Conservancy Southern California Edison Company The Nature Conservancy The Trust for Public Land Trabuco Canyon Water District U.S. Army Corps of Engineers U.S. Department of Energy U.S. Department of Interior U.S. Department of Justice U.S. Department of the Army Corps of Engineers U.S. General Services Administration References Below are client references for recent appraisal projects for public agencies. 1.405 Improvement Project Name ofFrrm Overland Pacific & Cutler, LLC Address 1 Jenner, Suite 200, Irvine, CA 92618 Contact Person Daniela Borbe Telephone (949) 951-5263 Regional Manager OC/SD dborbea Roocservices.com Period Of Performance 2015—present Brief Description of Service Provided For this ongoing project, we have appraised more than 100 properties under separate ownerships In Orange County. Properties appraised have been land, special purpose, office, retail, industrial, and single-family residences. Purple.Line(Westside) Subway Extension Transit Project Name of Firm Los Angeles County Metropolitan Transportation Authority Address One Gateway Plaza, 12u, Floor, Los Angeles, CA 90012-2952 Contact Person Michael S. Daniels, MAI Telephone (213) 922-3584 Principal Real Estate Officer Agaiglsm@metro.net Period of Performance 2017—present Brief Description of Service Provided We are appraising subsurface easements for multiple commercial, and special purpose properties within the City of Beverly Hills for the Purple Line Subway extension to the Westside. 1.5 Widening Project Name of Firm Orange County Transportation Authori Address 550 South Main Street, Orange, CA 92863 Contact Person Delia Sams Telephone (714) 560-6282 Senior Real Property Agent dsarris(a)octa.net Period of Performance 2016 — resent WierDescnption of Service Provided We have appraised 25 properties under separate projects for this second phase of the 1-5 Widening Project through Orange County. The properties have been land, special purpose, retail, and single- famil residential. r" 25J-92 Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 9 SR -91 Corridor Improvement Project Name of Firm Overland Pacific & Cutler, LLC Address 3750 Schaufele Avenue, Suite 150, Long Beach, CA 90808 Contact Person Mark R. La Bonte, SRNJA Telephone (562) 304-2000 Senior Vice President mlabonteO-oocservices.co m Period of Performance 2012 — present Brief Description of Service Provided Appraisal of parcels under more than 70 separate ownerships affected by acquisitions and easements for the SR -91 Corridor Improvement Project through the City of Corona. The complete summary appraisal reports included a valuation of the properties in the before and after condition. Some of the properties are very complex and had significant severance damage analyses due to loss of building Improvements, parking, loading, etc. The ultimate client Is the Riverside County Transportation Authority. Several of the properties are proceeding to eminent domain litigation so expert testimony will be required. 25J-93 Response to RFP No. 18-082 for On -Call Right of Way PropertyAppralsal Services ADDENDUM A Professional Qualifications 1. Beth B. Finestone, MAI, AI-GRS, FRICS, CRE 2. John G. Ellis; MAI, CRE, FRICS 3. Robert M. Lea, MAI 4. Adam M. Bogorad, MAI 5. William Larsen, SRNJA 6. Ryan J. Dobbins 7. Jerardo Arciniega 8. Susan O. Gordon 9. Aaron S. You 10. Thomas G. Richardson 25J-94 Beth B. Finestone MAI AI-GRS FRICS CRE I Integra Realty Resources I I ! Los Angeles Experience 16030 Ventura Boulevard p Suite 620 Ms. Finestone, Managing Director for and a principal of INTEGRA REALTY RESOURCES— LOS ANGELES, Encino, CA 91436-4473 has been with the firm since 2004 and has been appraising in Southern California since 1981. She has specialized in valuation and consulting services related to public agency clients and for major, 7818.290.5400 Investment-grade commercial properties, e.g., office, industrial, retail, multifamily, land, and special F818.290.5401 Purpose properties, for over 35 years. Ms. Finestone has also been very active Is the appraisal of land, both entitled and unentitled. She has been Involved In the appraisal of open space land, land for www.irr.comAosangeles mitigation purposes and valuing various types of land for conservation easement purposes. Ms. Finestone Is vice president for the SCM, the largest Appraisal Institute chapter in the United States. She is, therefore, in line to become chapter president In 2019. She also holds the AI-GRS designation of the Appraisal Institute. In addition, she Is a fellow of the RICS (past board member) and Is also a member of the CRE and of the IRWA. She has been honored locally for her professional accomplishments. In May 2009, she was a Los Angeles Buslnesslournol nominee for Executive of the Year—Women Making a Difference. In October 2006 Ms. Finestone was honored as one of Real Estate Southern California's 2006 Women of Influence for contributions to commercial real estate and devotion to community enrichment. Ms. Finestone previously held senior positions with Finestone & Associates and Cushman & Wakefield of California. At Finestone & Associates from 1996 through 2003, she specialized in real estate appraisal, valuation and consulting services with focus on preparation of appraisals for Industrial, commercial, and special purpose properties. This focus included consultation services, due diligence work, litigation support, and expert witness designation. At Cushman & Wakefield of California, Inc. from 1983 through 1996, Ms. Finestone was In the Los Angeles Appraisal Services Group, specializing in real estate valuation and consulting. By the end of her tenure, she was responsible for the management the Los Angeles Valuation Advisory Services Group, Including preparation and review of appraisal reports, business development, consulting and litigation work, management and coordination of multi -property assignments and national accounts, professional staff development, and support staff supervision. Ms. Flnestone's clients Include public agencies, right-of-way firms, lenders, institutional Investors, major corporations, law firms, and Individual property owners. Her services Include a wide range of specialized studies Including partial interest acquisitions, value diminution (from both Internal and external Influences), market demand, feasibility, severance damages and project benefits, investment analysis, assessment allocation, reuse analysis, and the valuation of partial Interests including leasehold, leased fee, possessory Interests, and minority Interests. Ms. Finestone has significant experience in coordinating and managing muitiproperty assignments. She has been active in acquisition appraisals for SCE In Los Angeles, Tulare, Fresno, Kem, San Bernardino, and Riverside counties; Riverside County Transportation Commission (ROTC) as part of the expansion of the SR -91 freeway in Corona; the Orange County Transportation Authority (ORA) as part of the 1-405 expansion and the 1-5 expansion, San Bernardino County Associated Governments (SANBAG); City of Bellflower; City of Ontario; City of Inglewood; the California Department of General Services; the U.S. General Services Administration; and the California High -Speed Rail Authority (CHSRA). She recently completed the appraisal of approximately 51 parcels of land owned by Union Pacific Railroad as part of the high-speed train (HST) project. These included the valuation of corridor land, surplus land, overcrossings, undercrossings, and miscellaneous utility easements. She also completed the appraisal of 54 large parcels involving agricultural and ranch uses as a part of the HST project. She has been active in valuing mitigation land as part of the HST project, including land banks and open space. Ms. Finestone completed the appraisal of approximately 20 flowage easements for the State Department of Water Resources as part of the Cantua Creek Improvement Project In December 2016 Ms. Finestone completed the appraisal of approximately 35 miles of pipeline easements for the purpose of resetting rent. Ms. Finestone has aided the Los Angeles County Metropolitan Transportation Authority (LACMTA) in reviewing appraisals related to the proposed Crenshaw/LAX Transit Corridor Project. She has v significant experience in working with school districts for both acquisition assignments and disposition srr® bfinestone@irr.com — 818.290.5455 25J-95 Beth B. Finestone MAI AI-GRS FRICS CRE Integra Realty Resources ! I / Los Angeles of surplus sites. Ms. Finestone has an on-call appraisal contract with the City of Ontario and prepares 16030 Ventura Boulevard and reviews appraisals related to their Quiet Home Program. These reports and reviews are done to Suite 620 FAA guidelines. She also has on-call appraisal contracts with the County of Los Angeles, the California Encino, CA 91436-4473 State University Office of the Chancellor, the Los Angeles Community College District, the Los Angeles Unified School District, the Community Development Commission of the County of Los Angeles, the T 818.2905400 Housing Authority of the County of Los Angeles, the City of Irvine, the Riverside County Transportation F 818.290.5401 Commission (RRC), and the Orange County Transportation Authority (OCTA). She has reviewed large numbers of appraisals for the OCTA, Los Angeles Unified School District, and the City of Ontario. She www.irr.com/losangeles also oversees the administration of the office and works with and mentors Junior members of the staff. Her assignments have included a wide variety of property types, Including: Agricultural Land Industrial Land Religious facilities Apartment complexes Industrial manufacturing Residential Land Auto service/gas stations Mixed reta0/residential Restaurants Camps and schools Mitigation and open space land Shoppingcenters Cold -storage facilities Mobile home parks Single-family residences Commercial land Office buildings Special purpose properties Condominiums Pipeline easements Subdivisions Healthcare properties Produce marts Theaters Hotel/motel properties Rall and transportation corridors Warehouse/distribution Wind farms Professional Activities Member: Appraisal Institute (MAI No. 7973) Designation: Appraisal Institute— General Review Specialist(AI-GRS) Fellow: Royal Institution of Chartered Surveyors (FRICS No. 1259538) Member: The Counselors of Real Estate (CRE No. 13807) Member: International Right of Way Association License: California State Certified General Real Estate Appraiser No. A0004030 Recognition • Los Angeles Business Journal 2009 Nominee for Executive of the Year — Women Making a Difference, May 2009 • Designated one of Real Estate Southern California's 2006 Women of Influence, October 2006 Seminar Presentations • Corridors, Craps & Condemnation (IRWA National Conference in San Diego, June 2015) • Eminent Domain Appraisals: Pitfalls & Value -Added Services (RICS —Southern California Chapter, CPD Presentation, April 16, 2015) • Government Buildings (Appraisal Institute, Special Purposes Seminar, July 15, 2014) • The Trouble with Ignoring Building Code Violators (SCCAI 43rd Annual Litigation Seminar, Moderator, November 15, 2013) • Conflicting Mandates & Instructions Between USPAP, Yellow Book, & Caltrans Appraisal Guidelines (IRWA Annual Valuation Seminar, April 24, 2012) • Current Issues in Real Estate Appraisal (Lorman Education Services, live audio conference, March 8, 2012) • The Role of the Appraiser in Construction Defect Litigation: Measuring Damages from Construction Defects (MCLE-approved presentation, January 11, 2012, March 4, 2010, and February 10, 2010) Expert Testimony Ms. Finestone has qualified as an expert witness in real estate matters and has testified before: • Superior Courts: Los Angeles and Orange Counties • Arbitration Hearings: Los Angeles County • Tax Appeal Boards: Los Angeles and San Diego Counties 'C�® bflnestone@irr.com —818.290.5455 25J-96 Beth B. Finestone, MAI, AI-GRS, FRICS, CRE gra L eAngeleslty Resources s Education 16030 Ventura Boulevard Suite 620 M.B.A., Pepperdine University Encino, CA 91436-4473 B.S., Kinesiology, University of California, Los Angeles Ms. Finestone is currently certified by the Appraisal Institute's program of continuing education for its T 818.290.5400 designated members. She successfully completed the following courses and other requirements of F 818.290.5401 the MAI designation through the Appraisal Institute and American Institute of Real Estate Appraisers: rnvw.irr.com/losangeles • Real Estate Appraisal Principles (2004) • Basic Valuation Procedures (2004) • Capitalization Theory and Techniques, Parts I, II, III • Case Studies in Real Estate Valuation • Report Writing and Valuation Analysis • Real Estate Investment Analysis • Income Property Demonstration Report • The Sales Comparison Approach • Standards of Professional Practice (2007) • Federal & State Laws and Regulations (2004) • Real Estate Finance (2004) • Comprehensive Examination She has attended the following courses, seminars, and workshops: • Uniform Appraisal Standards for Federal Land Acquisitions: Practical Applications (Appraisal Institute, 2017) • CRE Midyear Meetings (Counselors of Real Estate, 2017) • LDAC 2017: What to Expect & Legislative Briefing (Appraisal Institute, 20171 • The Changing Electric Power Grid ... and What It Means to You (IRWA/Appraisal Institute, 2017) • 2017 Eminent Domain Seminar (Nossaman LLP, 2017) • Santa Barbara/Ventura County 2017 Market Trends Seminar (Appraisal Institute, 2017) • Yellow Book Ch anges— Overview for Appraisers(Appraisal Institute, 2017) • Global Cities In an Era of Change-2016—Stanford Symposium (CRE/RIGS, 2016) • Professional Appraisal Practice— Lessons from the Field (Appraisal Institute, 2015) • Solar Photo-Voltaic -A technology that has come of age (Appraisal Institute, 2015) • Review Theory— General (Appraisal Institute, 2015) • Annual LA./Orange County Market Trends Seminar(Appraisal Institute, 2015, 2013) • 7-Hour National USPAP Update Course (Appraisal Institute, 2015, 2014, 2012, 2010, 2007, 2006, 2004) • Unique Residential & Commercial Property Valuation Issues in Southern California (Appraisal Institute, 2014) • IRS Valuation Summit (Appraisal Institute, 2013, 2010) • Annual Litigation Seminar (Appraisal Institute, 2013, 2007, 2006) • Federal and California Statutory and Regulatory Law Course (Appraisal Institute, 2013) • Appraising the Appraisal: Appraisal Review—General (Appraisal Institute, 2012) • Annual Valuation Seminar (IRWA, 2015, 2012) • Business Practices and Ethics (Appraisal Institute, 2012, 2007) • Principles of Real Estate Appraisal (IRWA, 2012) • Jobs and Commercial Real Estate —"ICs Not Rocket Science" (Appraisal Institute, 2012) • Appraisal Curriculum Overview (Appraisal Institute, 2011) • National IRS Symposium(American Society of Appraisers, 2011) • Annual Summer Conference —Commercial Session (Appraisal Institute, 2015, 2011, 2008) • Federal Agency Update (Appraisal Institute/IRWA, 2010) • 161h Annual LA./Orange County Market Trends Seminar (Appraisal Institute, 2009) • Appraising Income Properties in a Declining Market (Integra Realty Resources, 2009) • Everything Al Has Not Taught You About Litigation Appraisal (Appraisal Institute, 2009) • Introduction to Environmental Issues (IRWA, 20D9) • Investment Grade Property Valuation In a Declining Market (Appraisal Institute, 2009) • Litigation Appraising: Specialized Topics and Applications (Appraisal Institute, 2009) �r bfinestone@irr.com — 818.290.5455 I r 25J-97 Beth B. Finestone MAI AI-GRS FRICS CRE .. ! Integra Realty Resources ! Los Angeles • Principles of Real Estate Engineering (IRWA, 2009) 16030 Ventura Boulevard • Principles of Real Estate Law (IRWA, 2009) - Suite 620 • Real Property Asset Management (IRWA, 20D9) Encino, CA 91436-4473 • The Appraisers Role in Public Acquisitions (Appraisal Institute, 2009) • Valuation Issues in Eminent Domain in the Current Market (Appraisal Institute, 2009) T 818.290.5400 • 53rd Annual International Education Conference, (IRWA, 2007) F818.290.5401 • ABCs of Easement Valuation (IRWA, 20071 • After -Effects of Katrina on Appraisal (IRWA, 2007) wwwAr.com/losangeles • Appraisal Special Purpose Properties (Appraisal Institute, 2007) • Eminent Domain Appraisal (IRWA, 2007) • Evaluating Commercial Construction (Appraisal Institute, 2007) • Principles of Real Estate Negotiation (IRWA, 2007) • Statistics Review with Appraisal Applications(Appraisal Institute, 2007) • Direct and Inverse Condemnation (2006) • Contemporary Approaches to Land Valuation (Appraisal Institute, 2005) • Introducing the Metro Orange Line (Appraisal Institute, 2005) • Real Estate Outlook (CSUN Center for Real Estate, 2005) • Southern California Market Trends Seminar(Appraisal Institute, 2000) Representative Appraisal Assignments • Appraisal for each of the subject acquisition areas in Fresno County for the State Department of Water Resources, which included 22 permanent flowage easements and three partial fee acquisitions. Some of the proposed flowage easements overlapped existing road and utility easements which had to be considered. Due to the nature of the flowage easements, substantial severance damages accrued to the remainder parcels which had to be considered. This assignment also Included the consideration of orchard and crop values. • As a subcontractor on behalf of the CHSRA since 2015, we have completed appraisals of full acquisitions and partial acquisitions (with severance and mitigation damage studies) for many property types Including agricultural, commercial, Industrial, residential, railroad corridors, and other special purpose property appraisals. In total, we completed 95 appraisals (some of which Involved multiple parcels) thus far. • Highest and best use appraisal of the Federal Building site in West Los Angeles (28.2 acres). Included expanded highest and best use analysis to determine possible development scenarios to result In the highest return to the underlying land. • Appraisal of approximately five acres of land In the City of Beverly Hills, under three different scenarios. Assignment completed for the Qty for use in determining highest and best use of the site and to aid in lease negotiations with a proposed developer for long-term lease of the site. • Appraisal of 9,800 acres of land in Kem County for use as a wind farm. Jointly retained by the seller (GE Wind Energy) and the buyer (Los Angeles Department of Water and Power) to act as the third appraiser to determine the purchase/sale price of the site. • Appraisal of the Del Mar Fairgrounds, Racetrack, and Horsepark (450 acres of land and over 1,000,000 square feet In improvements) for the California Department of General Services. • Disposition appraisal of the United States Army Reserve Centers in West Los Angeles (Wilshire Boulevard and Federal Avenue) and Sherman Oaks (Sepulveda Boulevard and Magnolia Avenue). These assignments involved an expanded highest and best use analysis and consideration of possible general plan and zoning changes. The charged political climate associated with the West Los Angeles area necessitated a number of interviews with City Council members of surrounding districts to aid in determining possible uses for the site that would be supported by senior planning officials with the City and County who were also interviewed. • Appraisal of the Concerto high-rise residential complex In downtown Los Angeles, adjacent to Staples Center, as part of bankruptcy proceedings. The assignment Involved an expanded highest and best case analysis to analyze the property as condos for sale and as an apartment complex. • Valuation of a number of high-rise office buildings In downtown Los Angeles, Including the First Interstate Tower, Broadway Plaza, Southern California Gas Company Tower, Wells Fargo Tower, Wells Fargo Center at Bunker Hill, International Tower, R&T Plaza, The Party and 550 South Hope. • Multiple appraisal assignments for Southern California Edison Company included: irr® bfinestone@irr.com —818.290.5455 25J-98 Beth B. Finestone MAI AI-GRS FRICS CRE Integra Realty Resources 1 I I I Los Angeles • Central Valley Phase 1: Appraisal of 34 existing overhead distribution, transmission line and 16030 Ventura Boulevard power pole easements which SCE wanted to update and perfect. These Involved residential, Suite 620 commercial and agricultural properties. For the agricultural properties, the valuation included Encino, CA 914364473 and analysis of the loss In value from orchard trees being taken. • Central Valley Phase ll: Appraisal of 16 new acquisitions foroverhead distribution, transmission 7818.290.5400 line and power pole easements. This Involved all agricultural properties and Included an F318.290.5401 analysis of compensation for trees being taken. The project was highly contentious and significant research related to severance damages was completed. vnvw.irr.com/losangeles • Barstow/Daggett: Appraisal of 44 overhead transmission line and power pole easements which SCE wanted to update and perfect involving residential and unimproved agricultural land. • Victorville: Appraisal of 38 overhead distribution, transmission line and power pole easements which SCE wanted to update and perfect These Included improved residential and commercial properties. • Tehachapi: Appraisal of 14 overhead distribution, transmission line and power pole easements which SCE wanted to update and perfect These Included residential, commercial and unimproved agricultural properties. • Corona: Ongoing assignment related to the acquisition of 11 subsurface easements for underground transmission and distribution lines. These represent the acquisition of new easements which partially overlap previously existing easements in favor of SCE. All of the properties involved are Improved with single-family residences. • Appraisals of multiple transportation corridor easements in San Bernardino and Riverside counties for Overland, Pacific & Cutler, Inc, including: • Milliken Avenue Grade Separation Project: Upgrade of the existing Milliken Avenue/Mission Boulevard/Union Pacific Railroad at -grade crossing within the City of Ontario. • SR -91 Widening Project: Acquisitions and easements for the widening of State Route 91 within the City of Corona. • Devore Interchange Improvements Project: Acquisition and easements for the construction of an improved interchange at 1-15 and 1.215 within the City of Devore. • Appraisal of multiple properties for the M2 Environmental Mitigation Program for the OCTA: • The Aliso Carryon property is a 150.87± acre site perched on a Laguna Beach hillside, overlooking the Pacific Ocean. The property was appraised for potential acquisition purposes related to an open -space conservation program. • The Irvine Mesa Corridor consisted of the appraisal of 20 parcels totaling 669.99± acres in the Silverado Canyon area of southeastern Orange County. The report was Intended to assist with the acquisition of the land from the owner, the Wildlands Conservancy. This property was comprised of a number of parcels which we appraised individually as well as in bulk • Located just west of the Cleveland National Forest we appraised the MacPherson Property for the consideration of acquisition possibilities related to an open -space conservation program The 202.78± acre site is located north of Silverado Canyon Road, just east of Santiago Canyon. • The Saddleback Meadows property represents 222± acres of rugged terrain in the Trabuco Canyon area of southeastern Orange County. A potential buyer of the property was considering an open space conservation use for the site. • The Saddleback Valley Christian School site consists of 52± acres located in the City of San Juan Capistra no, just west of Interstate S. • Review work for OCTA: • 1-5 HOV Improvement Project: Ongoing review work of approximately 10 appraisals related to the widening of the 1-5 HOV. • Lakeview Grade Separation Project: Review of approximately 28 appraisals, some of which involved dual appraisal of complex part -take assignments. r. 'rr® bflnestone@irr.com — 818.290.5455 25J-99 John G. Ellis,MAI CRE FRICS I Integra Realty Resources Los Angeles jellis@Irr.com —818.290.5444 Page 1 of 4 25J-100 16030 Ventura Boulevard Experience Suite 620 Mr. Ellis, the Senior Managing Director of INTEGRA REALTY RESOURCES — LOS ANGELES, has provided Encino, CA 91436-4473 real estate valuation and consulting services in Southern California for over 35 years. He has completed a wide range of studies Including market value appraisals, analysis of potential damages T 818.290.5400 and enhancements (from both Internal and external influences), market demand, feasibility, F818.29a.5401 Investment analysis, assessment allocation, reuse analysis, minority interest studies, and the valuation of leasehold, leased fee, and possessory interests. He has also appraised partial Interests in real estate www.irr.comAosangeles and in limited partnerships and holding companies that own real estate. In addition, Mr. Ellis, a past president of the Southern California Chapter of the Appraisal Institute (SCCAQ with more than 20 years of volunteer service to SCCAI, Is a published author on appraisal topics. He has given expert testimony in federal and superior courts on more than two dozen occasions. He also provides appraisal reviews and consultation services when needed, and is an experienced arbitrator. Mr. Ellis serves a client base that Includes lending institutions, public agencies, corporate and individual property owners, and the legal profession. He has appraised office buildings (including medical office buildings), shopping centers, Industrial buildings, apartment and condominium complexes (including affordable housing projects), subdivisions, mobile home parks, hotels, motels, restaurants, healthcare properties, religious facilities, bowling alleys, golf courses, auto dealerships, gas stations, carwashes, motion picture and performing arts theaters, cold storage and food processing facilities, parking structures, transit - oriented development projects, shipping terminals and other types of waterfront property, Industrial, commercial and residential acreage, agricultural land, mountainous and hillside acreage, utility and transportation corridors (in fee and as easements), designated open space, and single-family residences Including beachfront homes and major estates. Mr. Ellis started his career In real estate analysis and valuation in 1980 with the Los Angeles -based property economics firm of Lea Associates, Inc. He founded the firm of Ellis Group In 1996, which became INTEGRA REALTY RESOURCES — LOS ANGELES In 1999. Professional Activities Member: Appraisal Institute (MAI No. 7337) (Over 20 years of volunteer work on boards and committees of the Appraisal Institute; past president of the Southern California Chapter of the Appraisal Institute; recognized as "Volunteer of Distinction" for Region VII In 2013) Member: The Counselors of Real Estate (CRE No. 11254) Fellow: Royal Institution of Chartered Surveyors (FRICS No. 1250862) Member: International Right of Way Association Licensed: California Certified General Real Estate Appraiser No. AGO07279 Licensed: California Real Estate Broker No. 01213329 Expert Testimony Mr. Ellis is qualified as an expert witness in real estate valuation matters and has testified before: • Superior Courts within the California counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Kern, and Imperial; and within the Third Judicial District of Alaska • United States District Court • United States Bankruptcy Courts: Central, Northern, and Southern Districts of California • Tax Appeal Boards: Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Contra Costa counties • Arbitration testimony at hearings in Los Angeles, Orange, San Diego, and Sacramento counties • Rent Control Boards: cities of Santa Monica, West Hollywood, and Carson (MRRS) He has also been appointed by the Superior Court of Los Angeles County on several occasions to assist In reconciling the disparate opinions of opposing, privately retained valuation experts. jellis@Irr.com —818.290.5444 Page 1 of 4 25J-100 John G. Ellis FRICS Integra Realty Resources / ! / Los Angeles Education 16030 Ventura Boulevard Suite 620 B.A., Business/Economia, University of California, Los Angeles (1981) Encino, CA 914364473 Mr. Ellis Is currently certified by the Appraisal Institute's program of continuing education for its designated members. He successfully completed the following courses and other requirements of the T 818.2905400 MAI designation through the Appraisal Institute and American Institute of Real Estate Appraisers: F 818.290.5401 • Comprehensive Examination • Report Writing and Valuation sysvw.irr.com/losangeles • Income Property Demonstration Report Analysis • Real Estate Investment Analysis • Basic Valuation Procedures • Case Studies In Real Estate Valuation • Real Estate Appraisal • Capitalization Theory and Techniques, Parts Principles 1,11, III • Standards of Professional Practice He has attended (and in some cases participated in) the following courses, seminars, workshops: • Litigation Seminar (Appraisal Institute, 2017, 2016, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2006, 2005, 2004, 2003, 2001, 1999) • Eminent Domain-19th Annual Conference (CLE International, 2017) • Eminent Domain Seminar (Nossaman LLP, 2017, 2016) • Inland Empire Market Trends Seminar (Appraisal Institute, 2018, 2017, 2015, 2014, 2005, 2000) • Annual Valuation Seminar(IRWA, 2017,2016) • IRS Valuation Summit (Appraisal Institute, 2013) • Business Practices and Ethics (Appraisal Institute, 2017, 2012, 2007) • Global Cities in an Era of Change— Stanford Symposium (CRE/PICS, 2016) • Fractional Interests (Appraisal Institute, 2012) • Annual Summer Conference: Commercial Session (Appraisal Institute, 2015, 2011, 2010, 2009, 2008) • Special Purpose Properties Seminar (Appraisal Institute, 2011, 20D7, 2005) • Historic and Notable Homes Tour In the San Gabriel Valley (Appraisal Institute, 2010) • Mastering Cap Rates In Today's Market (Appraisal Institute, December 2009) • The Appraiser's Role in Public Acquisitions (Appraisal Institute, February 2009) • Appraising Distressed Commercial Real Estate (November 2008) • Private Developers Going Public ...Is This a Trend? (January 2008) • Public Real Estate Education Symposium (IRWA, 2007) • Uniform Appraisal Standards for Federal Land Acquisitions (Appraisal Institute, 2006) • Contemporary Approaches to Land Valuation (Appraisal Institute, 2005) • Operating Expense Seminar (Appraisal Institute, 2005) • Real Estate Outlook (CSUN Center for Real Estate, 2005) • Case Studies In Limited Partnership and Common Tenancy Valuation (Appraisal Institute, 2004) • Market Trends in Ventura and Santa Barbara Counties (Appraisal Institute, 2003) • Market Rent, Lease Revaluation and Leasehold Interests (Appraisal Institute, 20D1) • Real Estate Capital Markets Symposium (Appraisal Institute, 2001) • Charitable Gift Giving In Real Estate (Appraisal Institute, 2001) • Past and Present Building and Land Values Along Ventura Boulevard (Appraisal Institute, 2000) • Southern California Market Trends Seminar(Appraisal Institute) • The Entitlement Process (Appraisal Institute) • Analysis of Retail Properties (Appraisal Institute) • Appraisal of Residential Subdivisions (Appraisal Institute) • California Real Estate Law (UCLA) • Construction Cost Analysis (Appraisal Institute) • Valuation of Minority Interests (Appraisal Institute) • Financing for Real Estate Projects(Appraisal Institute) • Impact of Detrimental Conditions (Appraisal Institute) Dellis@irr.com —818.290.5444 Page 2 of 4 ® 25J-101 John G. EllisMAI CRE FRICS Integra Realty Resources ! / Los Angeles Published Texts and Articles 16030 Ventura Boulevard Suite 620 • "Lease Renewal -The Periodic Setting of Market Rent In a Long -Term Lease; in Encino, CA 91436-4473 Applications In Litigation Valuation: A Pragmatist's Guide (Chicago: Appraisal Institute, 2012). T 818.2905400 • "Los Angeles Industrial Market Highlights," Western Real Estate Business, October 2008. F 818.290.5401 • 'Los Angeles Apartment Trends; Western Real Estate Business, November 2007. • "Can Downtown Support Mother High -Rise?" Real Estate Southern California, March www.irr.com/losangeles 2007. • 'The Special Nature of Property Tax Appraisals' (co-authored with Kathy Spletter and Cris K. O'Neall), Institute for Professionals in Taxation, June 2006. Seminar Presentations and Speaking Engagements • The Cost Approach and All That Jazz (IPT 42n° Annual Conference, Vancouver, BC, June 2018) • Real Estate Economic Trends (IRWA Chapter 67, Orange County, January 2016, January 2017, January 2016, January 2015, January 2014, January 2013, January 2012, September 2010) • Chairman/Moderator of the Annual Litigation Seminar of the Southern California Chapter of the Appraisal Institute (2017, 2013, 2005, and 1999) • Building a Bose for Value., Opinions and Testimony Supported by Multiple Experts (SCCAI, 50' Annual Utigation Seminar, Arcadia, November 9, 2017) • The Project Influence Rule (Nossaman LLP 2017 Eminent Domain Seminar, March 2, 2017) • Why the Project Design and Plans Matter (CLE International Eminent Domain Conference, February 10, 2017) • Expanding the Subway In the CBD: Valuation Issues (IRWA Chapter 1, Annual Valuation Seminar, April 26, 2016) • Cap and Discount Ratesfor Possessory Interest and OtherSpeda/ Situations (2O161AA0-LA Spring Appraisal Seminar, April 13, 2016) • inland Empire Market Trends (IRWA Chapter 57, January 2015, February 2012) • Subdivision Analysis In Southern California: Methodology and Discount Rates (SCCAI, Subdivision Land Seminar, August 21, 2014) • Examination of Appraisal Practices in Tax Appeal Hearings (SCCAI, 46th Annual Litigation Seminar, Los Angeles, November 15, 2013) • Current Issues in Real Estate Appraisals (Lorman Education Services, live audio conference, March 8, 2012) • Rea/ Estate Market Trends (SCCAI Market Trends Seminar, Los Angeles, January 24, 2013) • Underwriting Sustainable Commercial Properties (2011 National Association of Realtors Conference, November 12, 2011) • Commercial Property Valuation Issues and Trends (2011 IAAO-LA Spring Appraisal Seminar, April 6, 2011) • The Assessment Appeals Process: Practical Perspectives (SCCAI, 43rd Annual Litigation Seminar, November 17, 2010) • Legal Issues in Appraisals: What and When to Ask the Attorney (IRWA Right of Way and the Law Seminar, June 22, 2010) • Current Issues In the Economy and Residential and Commercial Real Estate (The Housing Authority of the City of Los Angeles, May 24, 2010) • Current Issues in the Economy, Commercial Real Estate, and Real Estate Appraisals (MCLE- approved presentation, April 15, 2010) • The Role of the Appraiser in Construction Defect Litigation (MCLE-approved presentations, February 10 and March 4, 2010) • Real Estate Values: Have We Hit Bottom Yet? (IRWA Chapter 1, Los Angeles, 2009 Annual Fall Seminar, October 20, 2009) • Impact of Use Restrictions in Market Value and Market Rent Appraisals (SCCAi, Special Purpose Properties Seminar, October 20, 2009) • Rent Re -Setting Via Litigation (Integra Academy, September 14, 2009) jellis@irr.com -818.290.5444 Page 3 of 4 Ll 25J-102 John G. Ellis, MAI, CRE, FRICS • Industrial Property Trends: Los Angeles County and the Inland Empire (SCCAI, 15'^ Annual Summer Conference, July 16, 2009) • Current Issues in the Economy, Commercial Real Estate, and Real Estate Appraisals (District 7 of California Department of Transportation, March 18, 2009) • Industrial Property Trends: Los Angeles County and the Inland Empire (SCCAI, 14w Annual Summer Conference, July 31, 2008) • California School Districts' Property and Acquisition and Disposition Update (IRWA Chapter 1, Annual Valuation Conference, April 22, 2008) • AMarket In Flux., Los Angeles and Orange Counties Retail Properties (Urban Land Institute Conference, Reinventing Retail, February 14, 2008) • California Property In a Global Economy (Global Property Valuation Excellence, Appraisal Institute/RICS Americas Joint Valuation Conference, September 25, 2007) • Considering the Contributory Value of Interim Use Improvements (SCCAI, Special Purpose Properties Seminar, May 25, 2007) • Partial Takings In Multi -Property Appraisal Assignments (IRWA Chapter 1, Annual Valuation Conference, April 26, 2005) • Appraiser's Role In Redevelopment (Appraisal institute, 1998) • Deposition and Goss -Examination Skills (IRWA, April 1997) • Entertainment Properties(Moderator, 1997) • Land Valuation in southern California (SCCAJ,1996) Dellis@irr.com —818.290.5444 25J-103 Page 4 of 4 Integra Realty Resources Los Angeles 16030 Ventura Boulevard Suite 620 Encino, CA 91436-4473 T 616.290.5400 F 818.290.5401 www.irr.comAosangeles Robert M. Lea MAI Integra Realty Resources � Los Angeles Experience 16030 Ventura Boulevard p Suite 620 Robert M. Lea, MAI, Director, has been working in the field of real estate appraisal, analysis, and Encino, CA 914364473 consulting far many years. His work covers a broad range of appraisal and consulting assignments, litigation support, and expert testimony. He has taught, published and lectured in the appraisal field. T 816.290.5400 Mr. Lea founded Lea Associates in 1976 and operated the company through 2017, at which time he F 818.290.5401 Joined INTEGRA REALTY RESOURCES — LOS ANGELES as a principal. His largest client groups include law firms, public agencies, corporate clients, lenders, and developers. % vJrr.com/losangeles Mr. Lea has had the opportunity to work In financial appraisal, consulting, and eminent domain valuation and testimony since the beginning of his career and has appraised hundreds of properties in city center redevelopment projects as well as full and partial takings for right-of-way assignments which range from street widenings to freeway acquisitions to subterranean tunnel easements for subways. Mr. Lea frequently is retained in arbitration proceedings either as an appraiser or arbitrator. This provides Mr. Lea with the experience and qualifications to Instruct real estate appraisers and to provide a special focus on market analysis, appraisal procedures, valuation, and reporting. Professional Activities Member: Appraisal Institute (MAI No. 111368) (Over a period of more than 20 years, Mr. Lea provided volunteer service to the Appraisal Institute at the local, regional, and national levels. In 1994 Mr. Lea served as President of the Southern California Chapter of the Appraisal Institute and in 2000-2002 served as a member of the General Appraiser Council, the body responsible for setting qualifications requirements for the MAI designation.) Associate Member: Urban Land Institute Licensed: California Certified General Real Estate Appraiser No. AGO03090 Expert Testimony Mr. Lea is qualified as an expert witness In real estate valuation matters and has testified before: • Superior Court, Los Angeles County • Superior Court, Orange County • Superior Court, Riverside County • Superior Court, San Bernardino County • Superior Court, San Diego County • Superior Court, Ventura County • United States Bankruptcy Court, Central District of California • United States District Court, Central District of California • United States Tax Court • United States Court of Federal Claims Education B.S., Business Administration with specializations in Real Estate and Finance, University of California, Los Angeles Continuing study toward M.B.A., University of Southern California, Graduate School of Business Administration Mr. Lea has continuously participated in classes and seminars In pertinent study areas. Published Texts and Articles • 'Subway Tunnel Easements in Metropolitan Areas," The ApproisalJournal, April 1994. • 'You and the Real Estate Appraiser,' Compensable Business Loss Review, a publication of Desmond & Marcello, Inc., 1989. • 'Meeting the Experience Requirements; Candidate Guidance Programs, American Institute of Real Estate Appraisers, 1987. irr® rlea@irr.com —818.290.5427 25J-104 Robert M. Lea, MAI LoseAnagel sity Resources Seminar Presentations and Speaking Engagements 16030 Ventura Boulevard Suite 620 Mr. Lea has been Invited to Speak by many organizations for over 20 years. Below are some of the Encino, CA 91436-4473 recent engagements. • A Case Study: Severance Damage Issues in Grade Separation Projects (SCCAI 47^ Annual T 818.290.5400 Utlgatlon Seminar, November 13, 2014) F 818.290.5401 • Pitfalls to Possession: The Appraisal, Offer, Negotlo tion, and Impasse v. Resolution Process (IRWA Chapter 57, November 2, 2012) www.irr.com/losangeles • Conflicting Mandates & Instructions Between USPAP, Yellow Book & Caltrans Appraisal Guidelines (IRWA Chapter 1 Annual Valuation Seminar, April 26-27, 2012) • Legal Issues of Grade Separation Projects (IRWA Chapter 1 Annual Valuation Seminar, April 26-27,2011) • The Effective Witness, Best Practices (SCCAI 431d Annual Litigation Seminar, November 17, 2010) Representative Appraisal Assignments Recent assignments have Included the following: • The valuation of over 100 properties, primarily partial acquisitions, to accommodate the construction of an electric power transmission line. • Consulting assignment to provide insights into some of the issues that faced our client, the Don Bosco Technical Institute and whether its Board should pursue the concept of sale of portions of their property. Our report contained two major divisions: the division of the property and marketing and sale Issues. • A study concerning assessments versus market trends In the West Contra Costa Unified School District (WCCUSD) and City of Concord areas. We were provided Assessors data for parcels within the WCCUSD area and the City of Concord for the 2009/2010 to 2013/2014 years (five years). Our task was to design and carry out a study to measure changes in the assessed values for various property types receiving assessment reductions against changes In price levels In the marketplace over the same period, analyze the results and report to our client. • Received an assignment and provided an appraisal for acquisition purposes of a 2,500-acre fully entitled solar power generating site near Mojave, California. A 25O-megawatt PV solar project was contemplated for the site. • Lea Associates was retained by the lessees/homeowners of approximately 50 sites on the beachfront in Ventura County. The analysis required market value opinions for the home sites, as well as market rent estimates for rent resetting under the terms of a long-term ground lease. Testimony in arbitration followed. • An assignment to provide the valuation for a private pipeline easement to be acquired from an Arizona municipality. The appraisal in this case was utilized in negotiations relative to an existing petroleum product pipeline. arra rlea@irr.com —818.290.5427 25J-105 Integra Adam M. Bogorad, MAI LosAnelee ty Resources 16030 Ventura Boulevard Experience Suite 620 Mr. Bogorad, Director, joined INTEGRA REALTY RESOURCES — LOS ANGELES In January 2008 and has Encino, CA 91436-4473 been a licensed real estate appraiser since 2005. His past work Includes the completion of appraisals for a wide variety of property types, including major commercial, Industrial, office, multi -residential T 818.290.5400 projects, and special -use properties. He has worked on many high-profile right-of-way projects, F818.290.5401 Including the California High Speed Rail project, the Los Angeles Metro Expo Une expansion, and the Redondo Beach King Harbor revitalization, among many others. His work also encompasses litigation wwwJrr.com/losangeles support related to potential value diminution, eminent domain, and other Issues. Prior experience In the financial services Industry offers Mr. Bogorad an Insight Into economic factors that Impact the real estate markets. Mr. Bogorad has qualified as an expert witness In the Superior Court of California and has testified during trial. In 2015 Mr. Bogorad was Invited to be a guest presenter at the International Right of Way Association (IRWA) Annual Education Conference in San Diego. In 2017 Mr. Bogorad was nominated as a member of the Education Subcommittee for the Southern California Chapter of the Appraisal Institute. Professional Activities Member: Appraisal Institute (MAI No. 479923) Licensed: California Certified General Real Estate Appraiser No. AGO38741 Licensed: California Real Estate Salesperson No. 01423238 Accredited: Provider of Continuing Legal Education (CLE) (The State Bar of California) Designated: Expert Witness In the Superior Court of California Education BA., Communications (with emphasis in Business/Economics), University of California, Santa Barbara Successful completion of the following courses and seminars: • Advanced Applications (Appraisal Institute) • Advanced Income Capitalization (Appraisal Institute) • Advanced Residential Applications and Case Studies (McKissock) • Advanced Sales Comparison and Cost Approach (Appraisal Institute) • Appraisal Principles (Allied) • Appraisal Procedures (Allied) • General Appraiser Income Approach (Appraisal Institute) • General Appraiser Report Writing and Case Studies (Appraisal Institute) • General Market Analysis and Highest and Best Use (Appraisal Institute) • National USPAP Course (Allied) • Real Estate Agency (Premier) • Real Estate Appraisal Principles(Allied) • Real Estate Appraisal Procedures(Allied) • Real Estate Ethics (Premier) • Real Estate Fair Housing (Premier) • Real Estate Finance (CaliforniaLicense.com) • Real Estate Law (Dynasty) • Real Estate Practice (CalifomiaLicense.com) • Real Estate Principles (CaliforniaLicense.com) • Real Estate Trust Fund Handling (Premier) • Residential Appraiser Site Valuation and Cost Approach (McKissock) • Residential Market Analysis and Highest and Best Use (McKissock) • Residential Report Writing and Case Studies (McKissock) • Residential Sales Comparison and Income Approaches (McKissock) • Risk Management (Dynasty) • Statistics, Modeling, and Finance (McKissock) Llirr abogorad@irr.com —818.290.5418 25J-106 Adam M. Bogorad, MAI LoseAn eleslty Resources g 16030 Ventura Boulevard Representative Appraisal Assignments Suite 620 • California High Speed Rall: Completed appraisals of full acquisitions and partial acquisitions Encino, CA 914364473 (with severance and mitigation damage studies) for various property types Including agricultural, commercial, Industrial, residential, railroad corridors, and other special purpose 7818.290.5400 property appraisals, throughout the Central Valley in California. F 818.290.5401 • 1.5 Widening, Mission Viejo: Completed appraisals for various property types, Including commercial, residential, industrial, and special purpose, prepared directly for Caltrans. envw.irr.comPosangeles • 1-405 Widening, Westminster: Completed appraisals for various property types, Including parcels within the Westminster Mall for the freeway widening project, with OCrA as the client. • City of Riverside Metrolink Station: Completed appraisals of residential and industrial properties for the purpose of expanding a Metrolink station in the City of Riverside. • Metropolitan Transportation Authority of the County of Los Angeles — Purple Line Corridor: Completed appraisals for hotel properties in Beverly Hills being impacted by the proposed subterranean Purple Line Metro corridor. irrO abogorad@irr.com — 818.290.5418 25J-107 William Larsen, SR/WA Integr Resources Los Anageleslty Experience 16030 Ventura Boulevard Suite 620 Mr. Larsen, Director, has been actively engaged In commercial real estate valuation since 1985 and Encino, CA 91436.4473 has been with INTEGRA REALTY RESOURCES — LOS ANGELES since 2001. He has substantial experience completing appraisals and related valuation studies for use In eminent domain, assessment appeal, T818.290.5400 litigation, audit, purchase price allocation, and investment decisions. He has appraised all major F818.290.5401 property types and has completed appraisal assignments in over 15 states. Special studies have addressed complex land valuation Issues, leasehold/leased fee allocations, analysis of historic www.irr.comAosangeles properties, value diminution from seismic and/or environmental conditions, the valuation of billboards and their underlying ground leases, and the analysts of possessory Interests. Major right-of-way assignments have included acquisition appraisals for freeway widening, grade separation, utility system upgrade and expansion, and transit station development. These assignments have included the analysis of full fee takings and partial acquisitions. Partial acquisitions have Included temporary construction easements and various types of permanent surface, subsurface and aerial easements. Valuations of partial acquisitions Included consideration of severance damages and project benefits. Mr. Larsen has participated in the portfolio valuations for corporate acquisition and loan loss reserve purposes, Including an analysis done for a $5.2 billion acquisition of a Los Angeles-based insurance company. Mr. Larsen was a Director of Irvine-based Institutional Property Valuation, providing condemnation appraisal and litigation support services to a public agency clientele from 1995 to 2001. Previously, Mr. Larsen was with Farmers Insurance Group as a Real Estate Investment Manager and commercial property appraiser from 1987 to 1995. He is a Senior Right of Way Professional (SR/WA) with the International Right of Way Association (IRWA). Professional Activities Licensed: California Certified General Real Estate Appraiser No. AGO14297 Registered: Environmental Assessor, 1996-2001, State of California Environmental Protection Agency Member: Chair of IRWA Annual Valuation Committee 2017-2018 and 2008-2013, Co-Chair 2014-2016, Chapter 1 President 2010, Chapter 1 Professional of the Year 2015, IRWA International Director 2009-2011, Chapter 1 Board Member 2004-2018, Member of International Transportation Committee Practicing Affiliate: Appraisal Institute Speaker: Acquisition Appraisal of Large Multi-Property Projects, IRWA Chapter 1 Valuation Seminar Speaker: Historic Theaters, Appraisal of Special Purpose Properties Seminar, Southern California Chapter of the Appraisal Institute Speaker: Financial Criteria In Public Sector MSW Site Acquisition, California State University, Fullerton, Department of Environmental Sciences Speaker: Case Study: CERCLA Cost Recovery Action, UCLA Department of Engineering, Environmental Sciences Education M.B.A., Finance, University of California, Los Angeles B.A., Liberal Arts, State University of New York, Albany Environmental Sciences Program, Department of Engineering, Environmental Sciences Division, University of California, Los Angeles Extension Mr. Larsen has successfully completed the following Appraisal Institute and IRWA courses and/or exams: • Condemnation Appraising: Advanced Topics and Applications(Appraisal Institute) • Uniform Standards of Federal Land Acquisition/Yellow, Book (Appraisal Institute) • The Appraisal of Partial Acquisitions(IRWA) irra wlarsen@irr.com — 818.290.5428 25J-108 William Larsen, $R/WA I LoseAnmeleslty Resources g • Problems In the Valuation of Partial Acquisitions (IRWA) 16030 Ventura Boulevard • Easement Valuation (IRWA) Suite 620 • Legal Aspects of Easements (IRWA) Encino, CA 91436-4473 • Reviewing Appraisals In Eminent Domain (IRWA) • Eminent Domain Law Basics (IRWA) 7818.2905400 • MAI Comprehensive Examination F81&290.5401 • Highest and Best Use and Market Analysis (Appraisal Institute) • Advanced Sales Comparison and Cost Approaches (Appraisal Institute) vAvw.irr.com/iosangeies • Appraising from Blueprints and Specifications(Appraisal Institute) • Real Estate Appraisal Principles (Appraisal Institute) • Basic Valuation Procedures (Appraisal Institute) • Capitalization Theory and Techniques, Parts A & B (Appraisal Institute) • Case Studies In Real Estate Valuation (Appraisal Institute) • Report Writing and Valuation Analysis (Appraisal Institute) • Standards of Professional Practice, Parts A, B & C (Appraisal Institute) • Federal and State Laws and Regulations (Appraisal Institute) • Principles of Land Acquisition (IRWA) • Principles of Real Estate Engineering (IRWA) • Engineering Plan Development and Application (IRWA) He has attended the following seminars and workshops: • Legislative and Judicial Update (Joint IRWA/Appraisal Institute) • Surveying 101, Parts 1 and 2 (IRWA) • Reviewing Surveys and Descriptions(IRWA) • Wireless and Right of Way (IRWA) • Annual Valuation Seminar (IRWA Chapter 1, 2003-2014) • Valuation Issues In Eminent Domain In the Current Market (Appraisal Institute) • ABC's of Direct and Inverse Condemnation (Appraisal Institute) • Eminent Domain Year in Review(Appraisal Institute) • Uniform Standards of Professional Appraisal Practice Update • Litigation Seminar(Appraisal Institute) • Contemporary Approaches to Land Valuation (Appraisal Institute) • Appraisal of Entitled and Unentitled Land (Appraisal Institute) • Environmental Issues In Land Valuation (Appraisal Institute) • Appraising Special Purpose Properties (Appraisal Institute) • Impact of Detrimental Conditions (Appraisal Institute) • Transportation Innovations In Southern California (Appraisal Institute) Expert Testimony Testified extensively on real estate valuation Issues in depositions associated with cases scheduled to be heard In Los Angeles County Superior Court, United States District Court, Central District; and United State Bankruptcy Court, Central District. Representative Appraisal Assignments • Project Manager In valuation of partial interests to be taken from 16 industrial properties, Los Angeles River Ecosystem Restoration Project. • Project Manager In valuation of ten acquisition parcels for South Milliken Avenue Grade Separation Project, Ontario. Interests appraised Included full and partial takings. • Project Manager in valuation of multiple excess land parcels resulting from widening of Santa Ana Freeway (interstate 5) in Buena Park. • Project Manager In valuation of multiple acquisition parcels for widening of San Diego Freeway (Interstate 405) In Brentwood, Los Angeles County. Interests appraised Included permanent partial takings and aerial, footing, and temporary construction easements. Properties subject to takings Included a hotel, office building, industrial building, special purpose property, multi -family residential building, and entitled multi -family residential development site. wlarsen@irr.com —818.290.5428 25J-109 William Larsen, $R/WA Integra Realty Resources Los Angeles • Project Manager in valuation of 52 acquisition parcels for Valley Boulevard Grade Separation 16030 Ventura Boulevard Project, Los Angeles. Appraisals included six fee simple and 46 partial takings. Properties subject to Suite 620 partial takings Included an active railroad corridor and industrial, retail, and residential properties. Encino, CA 91436-4473 • Project Manager in valuation of acquisition parcels for Expo Rall transit station sites located in Los Angeles, West Los Angeles, and Santa Monica. T 818.290.5400 • Project Manager in valuation of acquisition parcels for tACMTA Regional Connector Transit F818.290.5401 Project, Downtown Los Angeles; and Crenshaw/LAX Transit Corridor Project sites located in Los Angeles and Westchester. www.irr.com/losangeles • Project Manager in valuation of 24 parcels for public utility easement acquisitions In downtown Riverside. Interests appraised were permanent partial takings required for the replacement of 4,000 -volt underground cables with higher capacity 12,000 -volt systems. • Project Manager in valuation of acquisition parcels for three Fontana USD proposed school sites: high school no. 5 site, 43 properties; high school no. 5 alternate site, 35 properties; and middle school no. 8 site, 34 properties. • Valuation of parcels subject to temporary construction easements acquired In the seismic retrofit of the historic Victoria Avenue Bridge, Riverside. • Project Manager in valuation of distribution warehouses including Skechers operations center located at 29800 Eucalyptus Avenue, Moreno Valley (1,837,272 square feet of rentable area on 85 -acre site), 13135 Napa Street, Fontana (830,000 square feet of rentable area), 3100 South Milliken Avenue, Eastvale (759,260 square feet), and 4100 East Mission Boulevard, Ontario (760,158 square feet). • Reuse appraisals of three parcels located in downtown Riverside. Parcels were valued subject to redevelopment project area development restrictions. • Valuation of 3,200 -acre master -planned parcel of land characterized by gently to steeply sloping topography in Unincorporated Riverside County, east of the City of Moreno Valley; valuation of 2,254 -acre parcel including the Moreno Highlands Specific Plan area, Moreno Valley; valuation of 1,664 -acre parcel, Moreno Valley; valuation of 1,417 -acre parcel of undeveloped mountainous land, Malibu, and valuation of 663 -acre parcel of undeveloped mountainous land, Beaumont. • Appraisal of four motels and two retail properties for acquisition by a redevelopment agency. Subsequent to the client's acquisition of the properties, Mr. Larsen appraised the cleared and assembled site, which was Intended for construction of three high-rise hotels — Harbor Boulevard hospitality corridor, Orange County. • Valuation of a community shopping center in litigation associated with construction work stoppage. Property was subject to 80t tenant leases and contained 410,000 square feet of leasable area on a 49 -acre site — Murrieta Towne Center, Murrieta. Valuation of Festival Shopping Center, a 204,000 square foot community center on a 20 -acre site, Moreno Valley. • Valuation of 315,000 -square -foot mixed-use property including a high-rise office building, five - story parking structure, multiplex theater, and In-line retail space at the southwest corner of Beach Boulevard and Warner Avenue, Huntington Beach. • Valuation In litigation of office park containing 327,000 square feet of leasable area on a 14 -acre site — Corporate Center at Malibu Canyon/Malibu Canyon Business Park, Calabasas • Valuation In litigation of residential properties potentially impacted by slope failures In Brentwood, South Pasadena, and San Juan Capistrano. Valuation in litigation of waterfront residence Impacted by subsurface seawall deterioration, Huntington Beach. • Valuation in construction defect litigation - residential property in Palos Verdes. • Project Manager in valuation for acquisition of 147 ownerships in residential condominium complex, Rialto. • Valuation of Camino Real Chevrolet Dealership, improved with 44,200 square feet of building area on 3.63 -acre site, Monterey Park. Valuation of EI Monte Shopping Center Including Longo Toyota dealership, EI Monte. Valuation of Center Acura dealership, Sherman Oaks. • Appraisal of commercial and Industrial properties located within proximity to Port of Los Angeles to establish the market rate of return to be used as a basis to establish the rentals to be paid by tenants entering Into leases at the Port of Los Angeles. • Valuation for lease negotiation purposes of land to be leased by the State of California and City of Santa Monica to a private beach club. The land Is located seaward of the mean high tide line in Santa Monica. r 1rr. wlarsen@irr.com — 818.290.5428 25J-110 Ryan J. Dobbins I Integra Realty Resources Los Angeles 16030 Ventura Boulevard Experience Suite 620 Mr. Dobbins, Associate Director, has been with INTEGRA REALTY RESOURCES — LOS ANGELES since Encino, CA 91436-4473 2002. Property types which he has appraised Include industrial buildings, shopping centers, office buildings, apartment buildings, proposed luxury high-rise condominium complexes, subdivisions, T818.290.5400 mobile home parks, hotels/motels, healthcare properties, funeral homes, gas stations, performing F 818.290.5401 arts theaters, shipping terminals and other types of waterfront property, industrial, commercial and residential acreage, agricultural land, mountainous and hillside acreage, utility and transportation viww.irr.com/losaurgeles corridors, and single-family residences. Major assignments of special purpose properties include an offshore marine terminal, a major airport parking facility, a former hospital campus designated as a historic landmark, and a duty-free retail shopping outlet Immediately adjacent to the busiest International land border crossing In the world. He Is experienced In providing real estate appraisal, analysis, and research services for many federal, state, county, and municipal agencies. Mr. Dobbins also provides valuation services to local and national lenders, institutional Investors, corporations, law firms, and Individual property owners. He has completed a wide range of specialized studies Including value diminution (from both internal and external Influences), market demand, feasibility, severance damages, assessment allocation, adaptive reuse analyses, and the valuation of partial Interests including leasehold, leased fee, possessory interests, and minority Interests. Professional Activities Licensed: California Certified General Real Estate Appraiser No. AG029385 Practicing Affiliate: Appraisal Institute, Southern California Chapter Member: International Right of Way Association Education M.S., Counseling Psychology, California Lutheran University B.A., History, California Lutheran University Appraisal Institute Courses Completed: • Course 410—Uniform Standards of Professional Appraisal Practice, Part A • Course 420— Business Practices and Ethics • Course 510—Advanced Income Capitalization • Course 520—Highest and Best Use and Market Analysis • Course 530—Advanced Sales Comparison and Cost Approaches • Course 540— Report Writing and Valuation Analysis • Course 550—Advanced Applications • Course 710—Condemnation Appraising. Principles and Applications International Right of Way Association Courses Completed: • Course 104—Standards of Practice for the Right of Way Professional • Course 410— Reviewing Appraisals in Eminent Domain • Course 800—Principles of Real Estate Law Other Courses and Seminars: • Appraising the Appraisal: Appraisal Review(Appraisal Institute, 2012) • Annual Litigation Seminar (Appraisal Institute, 2011, 2012, 2013, 2014, 2015) • Appraising Distressed Commercial Real Estate (Appraisal Institute, 2008) • Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) (Appraisal Institute, 2007) • Evaluating Commercial Construction (Appraisal Institute, 2007) • Appraising Special Purpose Properties Seminar (Appraisal Institute, 2005) • Contemporary Approaches to Land Seminar(Appraisal Institute, 2005) • ARGUS Power User Training (Realm, 2004) • Real Estate Finance (University of California, Los Angeles, 2003) irrm rdobbins@irr.com — 818.290.5432 25J-1'11 Ryan J. Dobbins L osIntegra An eleslry Resources Representative Appraisal Assignments 16030 Ventura Boulevard Suite 620 • Appraisal services for multiple federal border crossing expansion projects along the California Encino, CA 91436-4473 border with Mexico. The most significant project included the appraisal of 19.011 acres of land under nine ownership entities for the San Ysidro Border Station and Reconfiguration Project The T 818.290.5400 purpose of the appraisal was for the acquisition of land and existing Improvements to expand the F 818.290.5401 busiest international border crossing in the world, located between San Ysidro, California, and Tijuana, Mexico. www.irr.com/losangeles • Appraisal services related to an oil company which was negotiating a rental rate with the California State Lands Commission (CSLC) for the leasing of an offshore marine terminal near EI Segundo, California, and a separate assignment used for negotiating a rental rate with the CSLC for a long wharf in Richmond, California. • Appraisal services for various entities Involved in Tax Assessment Appeals, of particular interest is the Hilton Glendale. The assignment included the valuation of a full-service, 19-story, 351-guest room hotel In Glendale, California. A key component of the assignment included the Identification of the fair market value of the going concern and the separation of business value (or non -taxable elements). Other tax assessment appeal assignments have included hospitals; a major brewing facility; port terminals In Los Angeles, Long Beach, San Diego, and Richmond; a 1- million-square-foot distribution warehouse; a luxury resort on the Palos Verdes Peninsula; and a major coastal development site. • Multiple residential subdivision appraisal assignments for lender clients, major national developers, and as parts of national portfolios. One noteworthy assignment included the appraisal of a detached, single -family residential estate development In Chatsworth, California. Approximately two-thirds of the development had been constructed and the client was Interested In determining if the remainder of the continuation of development was feasible In a downturning residential market. The analysis included an in-depth market analysis, addressing absorption rates, construction costs, and forecasting future home sale prices. rdobbins@irr.com —818.290.5432 Ll 25J-112 Integra Realty Resources Jerardo Arciniega Los Angeles Experience 16030 Ventura Boulevard p Suite 620 Mr. Arciniega, Senior Analyst, has been appraising real property since 2005. He is responsible for real Encino, CA 91436-4473 estate analysts, data collection and studies Including Interviewing buyers, sellers, brokers and tenants with regard to the details of transactions and market conditions, as well as report writing for narrative 7818.290.5400 appraisal assignments wnceming all major real estate categories. Property types which he has F818.290.5401 appraised include retail, office, and industrial buildings, apartments, single-family residences, mobile home parks, gas stations, nurseries, renewable energy sites, self -storage facilities, and special purpose wwwirr.comAosangeles properties. He has worked on many high-profile right-of-way projects, Including Los Angeles Metro Purple Line expansion, the State Route -91 Corridor Improvement Project, among many others. His work also encompasses litigation support related to potential value diminution, eminent domain, and other issues. He has successfully appraised properties for various client groups such as public agencies (Los Angeles Department of Water and Power, Metropolitan Water District, Metropolitan Transit Authority, cities of Riverside, Culver City, and South Gate), financial Institutions, law firms, and individual property owners. In addition, he has represented property owners in assessment appeal cases. Professional Activities Licensed: California Certified General Real Estate Appraiser No. AG042445 Candidate for Designation: Appraisal Institute, Southern California Chapter Member: International Right of Way Association Education B.A., Economics (Cum Laude), California State University, Northridge Continuous participation In classes and seminars in pertinent study areas. Appraisal Institute courses completed: • Appraisal Principles (110) • Appraisal Procedures (120) • Residential Market Analysts and Highest and Best Use (200) • Statistics, Modeling, and Finance • General Appraiser Income Approach (403G), Part I • General Appraiser Income Approach (4046), Part II • General Appraiser Sales Comparison Approach • General Appraiser Site Valuation and Cost Approach • General Appraiser Report Writing and Case Studies • General Appraiser Market Analysis and Highest and Best Use • Real Estate Finance Statistics and Valuation Modeling • Advanced Concepts and Case Studies • Advanced Income Capitalization • Quantitative Analysis • Advanced Market Analysis and Highest & Best Use Representative Appraisal Assignments • The valuation of three properties in Century City for the Los Angeles County Metropolitan Transportation Authority. The assignments Included partial and full acquisition as part of the Purple Une Subway Extension Project; • The valuation of a single-family residence in Beverly Hills as part of an Assessment Appeal case. Mr. Arciniega represented an out-of-state property owner at the hearing and the assessment of the property was reduced by over thirty-five percent • The appraisal of an approximately 4,250 -acre property Improved with a vehicle test track facility. The assignment Included a highest and best use analysis, including the possibility of renewable energy redevelopment; • A valuation assignment of approximately 140 properties in the Mojave Desert for partial and full acquisition. 1rr0 jarciniega@irr.com —818.290.5416 25J-113 Jerardo Arciniega Integra Realty Resources Los Angeles • A valuation of 70 easements and partial takings In Burbank. The take areas primarily consisted of 16030 Ventura Boulevard land under public rights-of-way. The Across -the -Fence valuation method was utilized. Suite 620 • A valuation of 11 properties throughout Los Angeles County Including high-rise office buildings, Encino, CA 91436-4473 Industrial buildings, and a golf course, as part of an analysis of Proposition 8 Assessment reductions. 7 818.290.5400 • A valuation assignment of 40 service stations throughout Los Angeles, Orange, Ventura and San F 818.290.5401 Bernardino counties. • A valuation for the U.S. Department of Justice in a case Involving the acquisition of four sections v+ww.irr.cam/losangeles of land in Imperial County which was leased to the United States and used as part of a bombing range. • The valuation of the leasehold estate of three properties situated in Marina Del Rey. The analysis Included researching rental rates and occupancy rates for boat slips and dry storage lots, as well as sales and leases of restaurant, retail, and office space. • Retention by CBRE for a mse Involving a 300,000 -square -foot Industrial building located in the Los Angeles westside area. The case involved a valuation as of three dates of value. 6Renirve studies of highest and best use, probability of zoning change and valuation were required. 1rr® Jarciniega@irr.com —818.290.5416 25J-114 Susan O. Gordon Integra Realty Resources Los Angeles 16030 Ventura Boulevard Experience Suite 620 Ms. Gordon, Senior Analyst with INTEGRA REALTY RESOURCES — LOS ANGELES, has been appraising Encino, CA 91436-4473 real property since 2006. Her experience valuing diverse property types Includes vacant residential, Industrial, and commercial land as well as utility corridors, agricultural land Including orchards, 7818.290.5400 Industrial buildings, retail storefronts, mini -malls and shopping centers, office buildings and business F 818.290.5401 parks, affordable/subsidized residential apartment complexes, high-rise apartment buildings in mid - construction, single-family residential estates, healthcare properties, gas stations, mortuaries, and wunvArr.com/losangeles other special purpose properties. Ms. Gordon has successfully appraised properties for various client groups such as public agencies (cities of Bell, Palmdale, Pasadena, Culver City, Riverside, County of Los Angeles, Metropolitan Transit Authority, Department of Water and Power, Metropolitan Water District), utility providers, financial Institutions, law firms, accountancy firms, corporations, and Individual property owners. Professional Activities Licensed: California Certified General Real Estate Appraiser No. AG040748 Practicing Affiliate: Appraisal Institute, Southern California Chapter Education BA., Social Ecology/Pre-Law, University of California, Irvine (Dean's List) State of California credit for completion of the following Appraisal Institute and other credentialed courses and seminars: • Eminent Domain and Condemnation (2016) • General Appraiser Report Writing and Case Studies (2015) • Federal and State Laws and Regulations (2014) • General Appraiser Market Analysis and Highest and Best Use (2014) • 7 -Hour National USPAP Course (2008, 2010, 2012, 2014, 2016) • Appraising Complex Properties (2014) • Case Studies in Appraising Green Residential Buildings (2015) • Introduction to Green Buildings: Principles and Concepts (2015) • General Appraiser Income Approach Parts 1 and 2 (2015) • General Appraiser Site Valuation and Cost Approach (2014) • General Appraiser Sales Comparison Approach(2014) • Real Estate Finance, Statistics and Valuation Modeling (2013) • Litigation Seminar (2014) • Residential Design & Functional Utility (2011) • Business Practices and Ethics (2010) • Residential Property Construction and Inspection (2009) • The New Residential Market Conditions Form (2008) • Appraiser Recruiter to the Stars (2007) • Do You Know What to Look At and For In Property Observation?(2006) • Low Income & Market -Rate Housing Considerations for Appraisers (2006) • 1S -Hour National USPAP Course (2005) • Residential Market Analysis and Highest & Best Use (2005) • Basic Appraisal Procedures (2005) • Basic Appraisal Principles (2005) Llirre sgordon@lrr.com — 818.290.5412 25J-115 Aaron S. You Integra Realty Resources Los Angeles 16030 Ventura Boulevard Experience Suite 620 Mr. You, Senior Analyst, joined INTEGRA REALTY RESOURCES — LOS ANGELES in 2013. He is a Encino, CA 914364473 candidate for designation of the Appraisal Institute and has appraised improved properties in all major categories: office, retail, Industrial, and multi -family residential, as well as, single-family T818.290.5400 residential and vacant land available for development. Mr. You has successfully completed F818.290.5401 assignments all over Southern and Central California for clients such as the County of Los Angeles, www.irr.com/losangeles Orange County Transportation Authority, City of Riverside, California High Speed Rail Authority, Southern California Edison, City of Inglewood, General Services Administration, and numerous financial Institutions. His recent appraisal work for right-of-way related purposes Includes assignments for the 1.405 Improvement Project, Serrano Creek Water Une Replacement Project, Century Boulevard Mobility Improvement Project, Riverside Transmission Reliability Project, and California High Speed Rail Authority. Mr. You also brings an extensive experience In the real estate and financial markets. His past work experience Includes working as an account executive for a wholesale lender managing residential and commercial transactions. Previously, Mr. You served as a senior funding analyst assisting clients with Investment allocations and funding strategies of corporate assets. This experience In both the real estate and financial services industries provides him with expansive Insight Into economic factors that Impact the real estate markets. Professional Activities Licensed: California Certified General Real Estate Appraiser License No. 3003817 Candidate for Designation Appraisal Institute, Southern California Chapter Licensed: FINRA Investment Company Products/Variable Contracts Representative Series 6 (CRD q: 5564662) Licensed: FINRA Uniform Securities Agent Series 63 (CRD #: 5564662) Education B.A., Psychology (Emphasis in Industrial Organizational Psychology), University of California, Riverside Courses and Seminars Completed: • Advanced Concepts and Case Studies • Basic Appraisal Principles • Basic Appraisal Procedures • Uniform Standards of Professional Appraisal Practice (USPAP) • Appraisal Institute Business Practices and Ethics • Real Estate Finance, Statistics, and Valuation Modeling • General Appraiser Market Analysis and Highest & Best Use • Advanced Market Analysis and Highest & Best Use • General Appraiser Sales Comparison Approach • General Appraiser Site Valuation and Cost Approach • General Appraiser Income Approach, Part 1 • General Appraiser Income Approach, Part2 • General Appraiser Report Writing and Case Studies irr® ayou@irr.com — 818.290.5426 25J-116 Integra Realty Resources Thomas G. Richardson Los Angeles 16030 Ventura Boulevard Experience Suite 620 Mr. Richardson, Senior Analyst, began his career in real estate appraisal in 2012 and joined INTEGRA Encino, CA 91436-4473 REALTY RESOURCES — LOS ANGELES In 2015. His responsibilities with the firm Include researching property sale and lease transactions; Intemlewing buyers, sellers, investors, tenants, and brokers with T 818.29o.S400 regard to the details of those transactions; analyzing and documenting economic and real estate F 818.290.5401 market conditions; examining zoning, general plan, and other land -use control documents as applicable to appraisal assignments; and Incorporating the presentation of his research efforts in www.irr.com/losangeles appraisal reports. In addition, his experience encompasses appraisal reports of multifamily residences, single and multitenant commercial and industrial properties, including shopping centers, office buildings, warehouses, retail and Industrial condominiums, mixed-use commercial and residential buildings, religious facilities, and various categories of land. His appraisal work has also addressed the Impact to propertyvalue caused byvarious internal and external Influences. His recent appraisal work for right -of -way -related purposes Includes assignments for the 1 405 Improvement Project, Culver -University Improvement Project, Regional Connector Transit Project, Century Boulevard Mobility Improvement Project, Riverside Transmission Reliability Project Centennial Corridor Project, and California High -Speed Rail Authority. Professional Activities Licensed: California Certified General Real Estate Appraiser No. 3004940 Candidate for Designation: Appraisal Institute, Southern California Chapter Education BA., History, University of California, Los Angeles Completed the following courses and seminars: • Advanced Concepts & Case Studies • Basic Appraisal Principles • Basic Appraisal Procedures • Business Practices and Ethics • . Commercial Appraisal Review • Expert Witness for Commercial Appraisers • General Appraiser Income Approach, Part i • General Appraiser Income Approach, Part 11 • General Appraiser Market Analysis and Highest &Best Use • Advanced Market Analysis and Highest & Best Use • General Appraiser Report Writing and Case Studies • General Appraiser Sales Comparison Approach • General Appraiser Site Valuation and Cost Approach • Real Estate Finance, Statistics, and Valuation Modeling • Uniform Standards of Professional Appraisal Practice trichardson@irr.com — 818.290.5408 Ll 25J-117 Response to RFP No. 18-082 for On -Call Right of Way Property Appraisal Services ADDENDUM B Certifications Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification 25J-118 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham, that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in aay manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that malng a False cettifica" may subject the certifier to criminal prosecution. Signed State of California County of WS O-ZlEs Subscribed and sworn to (or affirmed) before me on this Jr day of QC:I 'y 2018, by 8e+ln Reser �i Y1196h , proved to me on the basis of satisfactory evidence to be the person(sf who appeared hefnre me_ Publi gnature ;�. . pEBECCA Y. KIM Notary Public - California m - Los Angeles County z Commission # 2162878 My Comm. Wires Aug18, 2020 Notary Public Seal City of Santa Ana RFP Page A3-1 25J-119 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the eidension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Resources - Los Signed and Printed Name: Beth B. Finestone, MAI, AI-GRS, CRE, FRICS Title Managing Director Date October 4, 2018 City of Santa Ana RFP Page A3-2 25J-120 Appendix ATTACHMNT 3-3: NON-AISCR HNATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM 25J-121 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Beth B. Finestone, MAI, AI-GRS, CRE, FRICS Title: Managing Director Firm: Integra Realty Resources - Los Angeles Date: October 4, 2018 City of Santa Ana RFP Page A34 25J-122 EXHIBIT B Integra Realty Resources Los Angeles Response to RFP No. 18-082 On -Call Right of Way Property Appraisal Services In the City of Santa Ana FEE PROPOSAL Prepared for: City of Santa Ana Attn: Kenny Nguyen Public Works Agency 20 Civic Center Plaza, M36, Ross Annex Santa Ana, CA 92701 October 4, 2018 `e Integra Realty Resources Los Angeles October 4, 2018 16030 Ventura Boulevard 7818.290.5400 Suite 620 F 818.290.5401 Encino, fA 9143BA473 swnv.irr.mm City of Santa Ana Attn: Kenny Nguyen Public Works Agency 20 Civic Center Plaza, M36, Ross Annex Santa Ana, CA 92701 SUBJECT: Fee Proposal for On -Call Right of Way Property Appraisal Services RFP No. 18-082 Dear Mr. Nguyen: We are pleased to present our firm's fee proposal for On -Call Right of Way Property Appraisal Services in the City of Santa Ana. As requested, you will.find enclosed our Schedule of Hourly Rates. More specifically, we have enclosed a Fee Proposal for right of way acquisitions of two specific properties within the City of Santa Ana with a breakdown of fees. Thank you for the opportunity to submit this fee proposal in response to this request for proposal for On -Call Right of Way Property Appraisal Services. Sincerely, Integra Realty Resources — Los Angeles OA2� Beth B. Finestone, MAI, AI-GRS, FRICS, CRE Managing Director BBF/mt Enclosures: as noted 25J-124 Fee Proposal for RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 1 1224 East Warner Avenue (Cherry Aerospace Part Take) This represents an improved industrial property with frontage on East Warner Avenue. For purposes of this cost proposal, we understand that the City wishes to acquire the fee simple interest in a 10 -foot strip of land, measured from the back of the sidewalk (side closest) to the building. There is no mention of a temporary construction easement, which would likely be required so that a new driveway could be poured to access the property In the after condition. Ideally, this would be discussed prior to providing a fee quote. For purposes of this quote, we are assuming that the City will provide a new driveway as a result of the Project. Further, based on our research, the subject larger parcel consists of only APN 016-150-09. Once the assignment Is awarded to us, we would request a copy of the notice of decision to appraise, that the City sent (sends) to the property owner so that we could send out an owner notification letter and Invite the property owner to be present at the time of our Inspection. This letter would be sent via regular mail and by certified mail (return receipt requested). We would meet with the property owner to understand any concerns they have relative to the acquisition Impacting their property and to answer any questions they may have relative to the appraisal process. At the --time of -Inspection, *we would measure any impacted site improvements and make note of any mitigation or cost -to -cure measures that may be required. Based on the information available to us at this time, this is a relatively simple strip take, and we do not foresee any permanent damages to the subject. As such, we propose to appraise the larger parcel as land only, based on Its highest and best use as vacant. This would involve a sales comparison approach only. The concluded unit value for the land associated with the larger parcel would be applied to the area of the acquisition to result in a value for the land associated with the fee take. Please note that per California Eminent Domain Law, project influence is not considered in valuing the subject in the before condition. Next we would value the site Improvements in the acquisition area. Based on aerial photographs, the impacted site improvements include paving, brick planter walls, grass and shrubs (bushes), large mature trees, irrigation, and a building monument sign. Also visible from photographs are water valves and aboveground meters (possibly hydrants) that may be part of the building's fire suppression system. Also noted is a utility installment adjacent to the "Cheng Aerospace" monument sign. The valuation of the site Improvements would include consideration of the following: • We would meet with the Project manager to determine which, if any, of the Improvements will be replaced by the project, such as movement of utilities. Those items that will be covered as part of the Project will be mentioned in our appraisal; however, value will not be awarded to those items. ■ Items that will be removed, but do not require replacing in the after condition (such as asphalt In the take area), are costed based on their depreciated replacement cost. Landscaping Rams, while they may not be replaced, are not depreciated (trees, grass, shrubs, etc.). The value of the land associated with the strip take, added to the depreciated (when appropriate) value of the site Improvements is equal to the value of the parts acquired. Because we have determined that there are no permanent damages to the subject, the value of the remainder as part of the whole is equal to the value of the remainder in the after condition before consideration of benefits. Next we would discuss benefits, if any, that can be quantified. Under California law, benefits can only be used to offset damages, which are unlikely in this case. 25J-125 Fee Proposal for RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 2 The other Item of note that needs to be considered are any mitigation costs or costs to cure that are required. In the case of the subject, it is noted that the property is fenced, with a guard area. It is possible that If a new driveway is poured, there may not be enough stacking room for automobiles to enter the property. If this is the case, we may need to consider the cost of moving the fencing (gate) to allow for proper stacking of automobiles. This could potentially Include relocating the tire puncture devices installed at the property. There Is also the possibility that the existing monument sign would need to be moved. These costs would be Included in our appraisal as a mitigation cost or cost to cure. Our fee quote assumes that these issues can be mitigated for without a negative impact to on-site parking or circulation, The following is a summary of a final valuation table that would be included in the appraisal: Value of the Larger Parcel as Land Only Value of the Permanent Parts Acquired Value of land associated with fee acquisition Value of site Improvements in acquisition area Total Value of the Permanent Parts Acquired Value of the Remainder as Part of the Whole Value of the Remainder in the After Condition Severance Damages Project Benefits Net Severance Damages Total Value of Permanent Parts Acquired Value of Temporary Property Rights Value of TCE Value of Land Component of TCE Value of Site Improvements in TCE Temporary Damages Associated with TCE Total Value of Temporary Acquisitions Cost to Cure/Mitigation Costs Total Fair Market Value of Proposed Acquisitions (Including Damages Mitigation Costs) Our fee to appraise the subject located at 1224 East Warner Avenue, as described above, is $6,000; and our timing is six weeks from engagement and receipt of legal and plats relating to the acquisition as well as receiving a copy of the notice of decision to appraise. Our appraisal report would be prepared in accordance with USPAP, the Caltrans Right of Way Manual, and the California Code of Civil Procedure. 25J-126 Fee Proposal for RFP No. 18-082 for On -Call Right of Way Property Appraisal Services 3 2246 South Evergreen Street (Residential Full Take) Upon award of this assignment we would request a copy of the notice of decision to appraise sent out by the City and would then send out an owner notification letter, inviting the property owner to be present for an inspection of their property. This letter would be sent via regular mail and by certified mail (return receipt requested). We would schedule a time to meet the property owner at the property and be available to answer any questions they have about the appraisal process. We would ask them for any information they have that would be helpful In the valuation process. Often property owners have strong sense of what their property is worth, and many have data that they want us to consider. To develop an opinion of value for the subject as a full acquisition, we would value the property to Its highest and best use, as Improved. In the case of the subject, this is likely, as Improved to a single-family residence (SFR). We would, however, confirm that the property is not worth more as a redevelopment site. Assuming that the highest and best use is for continued use as an SFR, we would value the property using an improved sales comparison approach. Please note that per California Eminent Domain Law, project influence is not considered In valuing the subject. The sales comparison approach would Involve analyzing sales of comparable properties. Factors of comparison that are important are conditions of sale, financing terms, market conditions, location, access/exposure, land area, size of Improvements, number of bedrooms and bathrooms, quality and condition (age), and amenities such as landscaping, pool, etc. Our appraisal will be prepared in conformity with USPAP, the Caltrans Right of Way Manual, and the California Code of Civil Procedure. Our fee to prepare this full acquisition appraisal is $3,500, and our timing is four to six weeks from engagement and receiving a copy of the notice of decision to appraise. 25J-127 Schedule of Hourly Rates Integra Realty Resources Los Angeles 16030 Venlum Boulevard Suite 620 Encino, CA 91436-4473 T 818.290.5400 F 818.290.5401 John G. Ellis, MAI, CRE, FRICS: $400 per hour for appraisal and consulting (Senior Managing Director) $500 per hour for trial preparation and expert testimony vnvw.irr.com/losangeles Beth B. Finestone, MAI, Al-GRS, FRICS, CRE: $375 per hour for appraisal and consulting (Managing Director) $425 per hour for trial preparation and expert testimony Robert M. Lea, MAI $400 per hour for appraisal and consulting (Director) $SOD per hour for trial preparation and expert testimony Adam M. Bogorad, MAI $325 per hour for appraisal and consulting (Director) $350 per hour for trial preparation and expert testimony Other Directors/Senior Consultants: $235 to $265 per hour Senlor Analysts: $185 to $250 per hour Analysts: $140 to $185 per hour Researchers: $95 to $135 per hour Administrative Staff: $80 per hour (For supplemental documentation requests) L11"M 25J-128