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HomeMy WebLinkAboutStaff Report 4.F 06/04/2018zs�$ DATE: TO: FROM: Agenda Item #4.F June 4, 2018 Honorable Mayor and Members of the City Council through City Manager Dan St. John, F.ASCE — Director, Public Works & Utilities Jeff Stutsman, P.E. — Senior Civil Engineer SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreements with North Bay Right of Way Consultants for Property Acquisition Services for the Rainier Crosstown Connector Project RECOMMENDATION It is recommended that the City Council adopt the attached Resolution authorizing the City Manager to execute a Professional Services Agreements with North Bay Right of Way Consultants for property acquisition Services for the Rainier Crosstown Connector Project. BACKGROUND In 1995 the plan line for the Rainier Crosstown Connector was established by Petaluma Ordinance No. 1991. The plan line area reserved future right of way through vacant properties for the crosstown connector which would connect North McDowell Boulevard on the east side to Petaluma Boulevard North on the west side. On May 10, 2010, the City entered into a professional services agreement with URS (previous company name for AECOM) for the preparation of environmental documents for the Rainier Crosstown Connector project. The environmental phase included the preparation of preliminary plans to define the project alternative and preparation of environmental studies to evaluate the proposed improvements in compliance with the California Environmental Quality Act (CEQA) requirements. The Draft Environmental Impact Report was completed in July 2014. On May 24, 2016 an appraisal was completed by Andrew C. Plaine & Associates for the Noyes Property, APN 048-142-013, adjacent to Petaluma Blvd North. In August 2016 the property was sold to 196 Cinnabar LLC. DISCUSSION North Bay Right of Way Consultant will provide turnkey acquisition services for the Rainier Crosstown Connector project. The scope includes right of way services, acquisitions and appraisal reviews for the five properties and an easement over the SMART Rail located between Petaluma Blvd North and Highway 101. North Bay Right of Way Consultant has demonstrated the ability to provide right of way services on prior City projects of similar complexity and magnitude. It is anticipated that property acquisition services will take approximately six months. FINANCIAL IMPACTS The services proposed under the Professional Services Agreement with North Bay Right of Way Consultants includes turnkey acquisition services for $45,000. The total budget for this project is $45,000. Funding for this project includes $45,000 from Traffic Mitigation Impact Fees. ATTACHMENTS 1. Resolution 2. PSA - North Bay Right of Consultants 3. Location Map 2 Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NORTH BAY RIGHT OF WAY CONSULTANTSFOR ENGINEERING AND PROPERTY ACQUISITION SERVICES FOR THE RAINIER CROSSTOWN CONNECTOR PROJECT WHEREAS, the City of Petaluma wishes to acquire the necessary property on the west side of Petaluma for the Crosstown Connector Project; and WHEREAS, this project requires property acquisition consultants with local experience and who are familiar with the area; and WHEREAS, due to their experience, North Bay Right of Way Consultants was selected as the consultants for the project; and WHEREAS, staff recommends the City Manager execute a Professional Services Agreement with North Bay Right of Way Consultants for property acquisition services for the Rainier Crosstown Connector Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to execute a Professional Services Agreement with North Bay Right of Way Consultants for property acquisition services for the Rainier Crosstown Connector Project in the amount not to exceed $45,000. Attachment 2 Exhibit A to Resolution PROFESSIONAL SERVICES AGREEMENT Aca_uisition Services for Rainier Crosstown Connector Prosect (Title of Project) FY 18/19 Fund # Cost Center Object Code Project # C00501204 Amount $45,000 For multi-year contracts or contracts with multiple accounts: FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a (city use only) municipal corporation and a charter city ("City") and North Bay Right of Way Consultants, a California Corporation ("Consultant") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: I. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $45,000 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.�4ov) and has obtained a currently valid Petaluma business tax certificate. 1 PROFESSIONAL SERVICES AGREEMENT (60932 1) Oct 20174 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2020, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to PROFESSIONAL SERVICES AGREEMENT (60932 1) Oct 2017 G7 inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 10. Proaress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Confliet of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve; making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13, Consultant No Aaent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a Substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assianment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with PROFESSIONAL SERVICES AGREEMENT (609321) Oct 2017 0 the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Livinlz Wase Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance, The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or PROFESSIONAL SERVICES AGREEMENT 16093211 Oct 2017 (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778-4360 Fax: (707) 778-4554 Email: cityclerk@ci.petaluma.ca.us And: Dan St.John F. ASCE Department of Public Works & Utilities 202 North McDowell Boulevard Petaluma, CA 94954 Phone: (707)778-4546 Fax: (707)206-6034 Email: DStiohn0mCi.vetalulna.CaAIS Consultant: Geoff Hornsby, MAI, SRA, SR/WA North Bay Riaht of Way Consultants 4400 Grange Road Santa Rosa, CA 95404 Phone: (707)843-5546 Fax: (707)321-2987 Email: hornsbv a,sonic.net 21. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense,. indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. PROFESSIONAL SERVICES AGREEMENT (60932 1) Oct 2017 H-0 The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. The defense and indemnification obligations of this Agreement shall no way be limited by, the insurance obligations that apply to this Agreement pursuant to Section 23. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B-2 attached hereto and incorporated herein by reference. City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. PROFESSIONAL SERVICES AGREEMENT (609321) Oct 2017 we 25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. ConsuItant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or 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 pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. PROFESSIONAL SERVICES AGREEMENT (609;21) Oct 2017 10 D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 33. Heading. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 34. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 35. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire. agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT By�'r!—v L2�P•l V� Name Title City State Zip �-IL49 d t05 Taxpayer I.D. Number Petaluma Business Tax Certificate Number file name: \\xara4-6\PWU\CIP\Projects\Cross roxNgiConnectorRainierC501204\Design\140 CnsitntUtility&OtherOutsideAgrnnnts\North bay Right ofWay Consultant 8 PROFESSIONAL SERVICES AGREEMENT (60932 1) Oct 2017 11 North Bay Right of Way Consultants Geoff Hornsby, MAI, SRA, SR/WA Fred Hardcastle Right of Way Consulting and Acquisition Services 4400 Grange Road Santa Rosa, Ca 95404 Tel. 707.843.5546 Fax. 707.571.0275 Email - Hornsby @Sonic.net May 16, 2018 Dan St. John Director, Public Works & Utilities Department City of Petaluma Via E mail RE: Turnkey Acquisition Services for the Rainier Avenue Project (Revised Proposal) Dear Mr. St. John: Please find enclosed a package in response to your request for proposals in connection with the above referenced services. The project will involve acquisitions from five private properties and an easement over the SMART rail line as outlined in the spreadsheet provided by you earlier including both permanent and temporary construction easements. Additional rights will be needed from the State of California but you will handle this internally. The not to exceed figure for complete acquisition services is $45,000 which includes the appraisals ($15,000). Our billing rate is $165 per hour and we would expect to complete the acquisitions in a 6 month period following receipt of the appraisals which should be completed in 45 following the issuance of "Notice of Decision to Appraise" letters to the property owners. Respectfully submitted, Geoff Hornsby, MAI, SRA, SR/WA, Managing Partner, North Bay Right of Way Consultants 12 Section 1. Organizational Information North Bav Right of Wav Consultants (A California General Partnership) Introduction We are an independent right of way consulting firm providing general right of way and related acquisition services to public agencies, primarily in Sonoma County. We work only in the North Bay and have no plans to expand geographically. We are available 7 days per week during days or evenings for the purpose of meeting with property owners, engineers or public agency staff. We are available to work as a sub consultant of engineering firms or directly for public agencies. We utilize the services of appraisers, relocation specialists, engineers and attorneys, as needed. We undertake both large and small single property acquisitions and can assist public agencies in the selection of consultants for very large team projects. The Partners Geoff Hornsbv. MAI, SRA, SR/WA During the period 1968-2002 he worked in the real estate appraisal field, initially as an appraiser with Wells Fargo Bank, leaving as an Assistant Vice President in charge of appraisal from the Golden Gate Bridge to the Oregon border and later as the owner of his own appraisal business. In 2002 he began right of way consulting on a full time basis but had been specializing in this area since 1990. His primary clients are the cities (or towns) of Windsor, Petaluma, Cotati and Santa Rosa but has also been working on a project for the Sonoma County Transportation Authority as an Acquisitions Consultant assisting Caltrans in the widening of US 101 and is currently under contract with Sonoma County TPW and GSA. He is a licensed California Certified General Real Estate Appraiser and holds the MAI and SRA designations of the Appraisal Institute. He is also a Senior Member of the International Right of Way Association and holds the SR/WA designation. His appraisal background is invaluable for right of way consulting. He is also licensed as a Real Estate Broker in the state of California and holds a Notary Public commission for the State of California. He also assist Banks and public Agencies including the Sonoma County Agricultural an Open Space Preservation District as a contract appraisal reviewer for complex commercial property and land appraisals in the west coast states and was a demonstration appraisal report grader for the former Society of Real Estate Appraisers prior to its' merger with the Appraisal Institute. His qualifications and client references will be found in the following pages. Fred Hardcastle Fred became a partner is the firm at the beginning of 2013 when it was formed and has an extensive background in real estate appraisal, specializing in the North Bay Counties. Since beginning his Sonoma County appraisal career in 1977 with Wells Fargo, he has undertaken appraisals on all major property types. He is currently working on acquisitions in Sonoma County. He is also licensed as a Real Estate Salesman in the state of California and holds a Notary Public commission for the State of California. 13 Section II. Qualifications and Experience North Bav Right of Wav Consultants Geoff Hornsby, MAI, SRA, SR/WA Appraisal, Right of Way and General Real Estate Education: Appraisal Institute of Canada: Courses I and 11 Santa Rosa Junior College Courses in real estate finance, appraisal, law, practice and investment, viticulture and financial accounting Appraisal institute: All required courses for the MAI and SRA designations, including: Real Estate Appraisal Principles Basic Valuation Procedures Capitalization Theory & Techniques Parts 1 & 2 Case Studies in Real Estate Valuation Industrial Valuation Standards of Professional Practice & Conduct Valuation Analysis & Report Writing Litigation Valuation International Right -of -Way Association: All required courses for the SR/WA designation including Interpretation of Engineering Drawings Easements and Easement Valuation Negotiation/Acquisition Business Relocation Residential Relocation Law and Appraisal Professional Experience: Currently a Right of Way and Acquisition Services Consultant providing services to Public Agencies and Commercial Property Appraisal Reviewer for local banks, public agencies and private individuals. Owner of the real property valuation firm of G.F. Hornsby and Associates, Santa Rosa, California (1995-2002) Partner in the real property valuation firm of Crocker Hornsby, Santa Rosa, California (1982-1995) Appraiser Assistant Vice President and District Appraisal Officer, Wells Fargo Bank, Santa Rosa, California (1968-1982) Forty-nine years' experience in valuation of real property, including urban and rural residential property, warehouses, apartments, industrial buildings, shopping centers, subdivisions, marinas, stores, vacant land, cemeteries, office buildings, hospitals, service stations, restaurants, 14 Public agency Clients: automobile agencies, mobile home parks and vineyards including full and partial acquisitions for government agencies and fractional minority interests Twenty-four years of direct right of way consulting for public agencies providing acquisition management, appraisal, appraisal review, negotiation, relocation and miscellaneous services, including expert testimony, for various right of way projects resulting in the acquisition of more than 300 property rights City of Santa Rosa City of Cotati City of Petaluma Town of Windsor City of Rohnert Park County of Sonoma (GSA) County of Sonoma (TPW) Currently under contract with the City of Santa Rosa and Sonoma County TPW for right-of-way acquisition services, appraisal review and right-of-way project management. Acting Right -Of -Way Agent, City of Santa Rosa, May - August, 2000 Acting Right of Way Co -Manger, County of Sonoma TPW — December 2014 - Qualified as Expert Witness in Sonoma and Marin County Superior Courts, the United States Bankruptcy Court and Federal Superior Court (Appraisal) 15 Fred L. Hardcastle Education Master of Business Administration with emphasis in Real Estate University of TN 1976 Bachelor of Science in Business & Finance Pacific Union College, Angwin, CA 94508 1974 Real Estate Appraisal Experience 1982 to 2009: Independent real estate appraiser based in Santa Rosa, CA. A wide range of property types were appraised including commercial, industrial, special purpose, mixed use, residential income and residential (both existing and proposed projects). 1977 to 1982: Employed by Wells Fargo Bank as real estate appraiser. All types of property were appraised. Achieved level of Senior Appraiser. 1976: Appraisal Trainee with K.P.Howell, MAI in Nashville, TN Richt of Wav Acquisition Experience 2009 to Present: Time split between commercial Appraisal Practice (including appraisals for right of way acquisitions) and Right of Way Acquisition Consulting. The right of way consulting work was undertaken with Geoff Hornsby, MAI, SRA, SR/WA of Santa Rosa, CA and included negotiation and acquisition of partial interests and relocation assistance for displacees. Miscellaneous *Certified General Real Estate Appraiser, State of CA # AGO05288 *CA DRE License # 01904746 *CA Notary Public Commission #1963866 *Former Instructor of Real Estate Course, Pacific Union College in Angwin, CA *Direct Experience in construction, development and real estate investment 16 Acquisition Services References Geoff Hornsbv (North Bav Right of Wav Consultants) Contact: Jaspreet Singh District Branch Chief California Department of Transportation Acquisition & Condemnation Services (510) 286-5384 James R. Cameron, Deputy Director, Projects & Programming SCTA/RCPA 490 Mendocino Ave, Suite 206 Santa Rosa, CA 95401 Tel. (707) 565-5377 Principal Project: US 101 Widening Project (Petaluma Bridge Reconstruction) Services: Right of way acquisitions from four property owners directly for Caltrans. Contact: Larry Zimmer, Director Public Works Department City of Healdsburg 401 Grove Street Healdsburg, CA (707)431-3333 Principal Project: Payran Reach Flood Control Project (1992 -2014), Services: Management of the right of way acquisitions including purchasing and leasing from approximately 70 property owners. Other Projects: Washington/McDowell intersection widening Rule 20 PGE easements at various locations Walnut Street Water Line Bodega Avenue widening Paula Lane Water Tanks site Old Adobe Road Water Tank site Petaluma River Trail 17 Contact: Larry Zimmer, Director Public Works Department City of Healdsburg 401 Grove Street Healdsburg, CA (707) 431-3333 (formerly with the Town of Windsor) Principal Project: Mitchell/Shiloh/Conde Assessment District (2002- 2006) Services: Management of the right of way acquisitions including purchasing from approximately 10 property owners. Contact: Tracy Duenas, Supervising Civil Engineer Public Utilities Department City of Santa Rosa 69 Stony Circle Santa Rosa, CA 95407 (707) 543-3952 Principal Project: Todd Road sewer trunk Project (2007) Services: Management of the right of way acquisitions including purchasing from approximately 25 property owners Contact: Paul Wade, Staff Engineer Coastland Engineering 1400 Neotomas Avenue Santa Rosa, CA 95404 (formerly with the Town of Windsor) (707) 571-8005 Principal Project: Old Redwood Highway and Windsor Road widening projects (2001-2) Services: Management of the right of way acquisitions including purchasing from approximately 35 property owners Contact: Lori Urbanek, Supervising Civil Engineer Public Works & Transportation Department City of Santa Rosa 69 Stony Circle Santa Rosa, ca 95407 (707) 543-3854 Principal Projects: Stony Point Road Widening phases 1 and 2 (2007- 2014) Santa Rosa Avenue Road Widening (2009-2010) Services: Management of the right of way acquisitions including purchasing from approximately 50 property owners (including relocation) Other Projects: Mendocino Avenue Sewer Project (current) Bellevue Avenue Road Widening Project Farmers Lane Water Line 19 Appraisal Review References Contact: Lori Schandel Airport Property Specialist Charles M. Schulz -Sonoma County Airport 2290 Airport Blvd. Santa Rosa, CA 95403 707.565.7238 Projects: Acquisitions for the Sonoma County Airport expansion area (2010-2012) Services: Appraisal Review / Relocation Services Contact: Stuart Martin Land Acquisition Specialist Sonoma County Agricultural Preservation and Open Space District 747 Mendocino Avenue, Suite 100 Santa Rosa, CA 95401-4850 (707)-565-7362 Projects: Various appraisal reviews for acquisitions Services: Appraisal Review 20 Section 111. Proiect Approach and Work Schedule Scope of Right-of-Wav Services The services normally provided are as follows: Meet with property owners, Agency staff and engineers as needed including neighborhood meetings to explain the project and process for acquisition; Arrange to acquire title reports for each parcel and make initial contact with property owners; Prepare and send legal notice letters (Notice of Decision to Appraise letters etc.); Arrange for appraisal reports to be prepared for each of the properties to be acquired; Values for each property in the Before and After Condition together with the value of the Part to be Acquired, in each instance, are provided in summary format in accordance with standard Right of Way and Caltrans appraisal practices; Arrange for reports to be reviewed for compliance with standards of professional practice, Caltrans guidelines and appropriate laws; Review appraisal reports acquired by property owners (if any); Prepare statutory offer letters; Negotiate acquisitions; Prepare sale agreements and deeds, if necessary; Assist the title company in additional document preparation; Act as liaison with lenders in connection with partial releases as needed; and, Provide monthly (or more frequent, if required) status reports; The above process is dependent upon the specific needs of the client. Our approach is to keep the process moving as fast as legally possible and maintain continuous communications with clients and property owners. Excel or WORD spreadsheets showing status are updated on a frequent basis and emailed to client's team. 21 Acquisitions Since we work only in the North Bay we are able to undertake the necessary steps for the acquisition of property rights in an expeditious manner. Our process is as follows: Milestones: • Following receipt of legal descriptions, "Notice of Decision to Appraise" letters are sent. • Following receipt of Appraisals and authority to make offers, the Appraisals are read and analyzed. • Offer packages are prepared (Appraisal Summary Statements, if necessary, Deeds etc. and appointments set with owners. • Offers are presented in person whenever possible or mailed certified when not possible • Follow up to first offer in two -three weeks • Review owner's appraisals if applicable and report to Agency • Continue negotiations • Meet and Notarize signatures or assist in preparation of ED documentation. Diaries are kept for each property and status reports in EXCEL. are prepared for distribution on a monthly or more frequent basis. Documents are independently proofed as necessary for quality control purposes. We do not anticipate the use of Sub Contractors other than Appraisers and if necessary, a Relocation Consultant. For the most part, no City Staff assistance, except from the City Attorney's office for contract language assistance, will be necessary. If Owners secure their own appraisals and values differ, we will meet with Agency staff to discuss and obtain direction. 22 Appraisal Review The process for appraisal review is as follows: Milestones, • Upon receipt, read the appraisal report to glean an understanding of the appraisal problem • Inspect the Subject and the Comparables • Complete the check list form and describe details of the property and the approaches to value • Analyze for consistency and logic • If clarification or correction is needed, contact the Appraiser • If necessary, arrange for corrections to be made • Complete review City staff assistance is not necessary for this discipline. All work is thoroughly proofed. Review reports are transmitted as PDF's via email. Turnaround time is usually one week 23 Section IV. Insurance North Bav Riqht of Wav Consultants. We maintain the following insurance: General Liability: $4,000,000 / $8,000,000 Automobile: $2,000,000 E and O $2,000,000 Workers Compensation: None — no employees 24 Section V. Fees Included in cover letter 25 Miscellaneous Licenses 26 27 Buieau<of Real Estate - �.BI Opel-LIcCen G,coffiyFric�s IoiusbSr _- •atop gRr�7�c7r tq - `•Sr1N1'AROSA,Cr19$-1(W -- - IiH _ -iRrnl Grrnld-Comml vlailer Ileni�crrllort114nn6rr.'OIN62K28'. IsnteJ `''r)une23'2D17 ;��prres''Junc22 21)21 27 28 ' ` y •; BiWncss, Consumer Services & Housing.Agency. '` n• BUREAU OF 'REAL ESTATE APMAISBR.S AL ESTATE RP1?�415\� \L\\\ ISE Ge f'fij'RI Vs F. s_ Raw / // � hs ua��ssfu�ly meli%j /�}f 6,11lon�, for o:lic�nse as J retiideri(i _ icT aii nrcrcirllircu �4r��G t% user ( the StrdepfCglifornianud.is.the�etae,:et2ti(I`�rE` i,,� 1nNEI, ul tate Appraiser" , ��,1 ltlio been issued in trccurdnnczwTlEF Iac#� rsri is o it ti� 4 to �pprnisers' Li4ensing and crai },n IsirW., = "c < <i •1'I2IS/3 �l A ESNlllvil3FR: AG 00,9' / P N�j/ No l!/� l \�{��dtive Cate: March 15,r2p17'1' 419fixpiresC Mnrc}14; ' `t \`\\`tib\N�\' illl/l� Jim \\\\\ \\ C 3(124563 `y\\ % � \ ,,'lfly, Y!"4h% Im INSURANCE REQUIREMENTS EXHIBIT B-2 Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve additional months following the Agreement termination or expiration. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance, 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: L General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. 5. Such other insurance coverages and limits as may be required by the City. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or Exhibit B2 Page 1 of 3 INSURANCE REQUIREMENTS (City)30 (609325) Oct 2017 self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights for commercial general liability, automobile liability and worker's compensation against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. 7. It shall be a requirement under this Agreernent that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Exhibit B2 Page 2 of 3 INSURANCE REQUIREMENTS (City 1 (609325) Oct 201 The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Petaluma before the City of Petaluma's own insurance or self-insurance shall be called upon to protect it as a named insured. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A; VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. Exhibit B2 Page 3 of 3 INSURANCE REQUIREMENTS (City)32 (609325) Oct 2017 EXHIBIT C ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement") between the City of Petaluma ("City") and/or the Petaluma Community Development Commission ("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding or financial benefits ("covered entities"). Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: ® Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior to the bid, proposal, submission or request. Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shat I certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Page 1 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 33 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: Acquisition Services Rainier Crosstown Connector 1+,1e�, WIN Ly 'R I W 60 to swlt-'tte: 5 ! Zo 1 (Print Name of C vexed Entity/Business Ca acity) By (9zotr,A0 1 Ste! (Print Name) /s/ (Si 1 a re) ' Its VN P, f (Title /Capacit), of Authorized Signer) Page 2 of 3 LIVING WAGE. ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 34 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD, WHICH: o AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CI'T'Y OF PETALUMA AND/OR PF,TALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND ® HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING. IF NONE, PLEASE STATE "NONE": N D N :r ATTACH ADDITIONAL PAGES IFNEEDED. Date: Regulatory Agency or Count: Subject Matter: Resolution, if any: Expected resolution, if known: Page 3 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 35 RAINIER CROSS TOWN CONNECTOR PETALUIVIA, CA LOCATION MAP \\ U .j Attachment 3 Date' :April 17, 2017 N City of Petaluma PROJECT SITE E Public Works and Utilities S Department 36