BOARD AGENDA MEMORANDUM
Government Code Section 84308 Applies: Yes ☒ No ☐
(If “YES” Refer to Attachment A)
SUBJECT:
Title
Approve the Standard On-Call Consultant Agreements with Four Consultant Firms: Associated Right of Way Services, Inc., Agreement No. A4975A, Carneghi-Nakasako & Associates, Agreement No. A4976A; CBRE, Inc., Agreement No. A4977A, and Monument Row, Agreement No. A4978A, to provide On-Call Real Estate Support Services, PB File No. VW0218 for a Not-To-Exceed Aggregate Fee of $5,000,000.
End
RECOMMENDATION:
Recommendation
A. Approve the Standard On-Call Consultant Agreement No. A4975A, with Associated Right of Way Services, Inc., for On-Call Real Estate Support Services for a not-to-exceed aggregate fee of $5,000,000;
B. Approve the Standard On-Call Consultant Agreement No. A4976A, with Carneghi-Nakasako & Associates, for On-Call Real Estate Support Services for a not-to-exceed aggregate fee of $5,000,000;
C. Approve the Standard On-Call Consultant Agreement No. A4977A, with CBRE, Inc., for On-Call Real Estate Support Services for a not-to-exceed aggregate fee of $5,000,000; and
D. Approve the Standard On-Call Consultant Agreement No. A4978A, with Monument Row, for On-Call Real Estate Support Services for a not-to-exceed aggregate fee of $5,000,000.
Body
SUMMARY:
The objective of Consultant's services is to supplement the Real Estate Services Unit's (RESU) efforts by performing real estate services work in accordance with the standard of care exercised by professionals in the real estate industry. Consultant shall implement best management practices and perform their assigned tasks in accordance with Santa Clara Valley Water District's (Valley Water) Quality and Environmental Management System (QEMS) Procedures and Work Instructions documents. This includes providing services summarized in accordance with all pertinent local, state and federal laws.
Consultant Selection Process
Prior to publishing the RFP, staff conducted outreach to 250 firms that were registered under the National Institute of Governmental Purchasing, Inc. (NIGP) Category Codes;
91889 - Real Estate/Land Consulting (Including Land Survey Consulting), 95878 - Property Management Services, 96164 - Real Estate Services, 96866 - Right Of Way Services (Including Title, Appraisal, Negotiation, Closing, Relocation, Condemnation, Etc.), 94615 - Appraisal Services, Real Estate, and 94646 - Escrow and Title Services which are the targeted categories within Valley Water’s Procurement Portal, Planet Bids (PB). Staff also issued advertisements in the SJ Post and SBEINC.com prior to publishing the RFP.
On April 28, 2023, staff published a Request for Proposals (RFP) for On-Call Real Estate Support Services.
On July 26, 2023, a total of fourteen (14) proposals were received from the following consultant firms, Annette DiResta, Associated Right of Way Services, Inc., Bender Rosenthal, Inc., Carneghi-Nakasako & Associates, CBRE, Inc., Dokken Engineering, Hamner, Jewell & Associates, Interwest Consulting Group, J. Kaeuper & Company, Monument Row, Paragon Partners Consultants, Inc., Patton & Associates, LLC, Petru Corporation, and Regency Right of Way Consulting, LLC. Of the total of 325 firms informed of the solicitation, 41 firms confirmed to be prospective bidders in the Valley Water Procurement Portal.
An Evaluation Committee (EC), consisting of three panelists from Valley Water with subject matter expertise, evaluated and ranked the written proposals. Based on their overall, technical evaluation, the EC recommended that staff undertake contract negotiations with CBRE, Inc., Associated Right of Way Services, Inc., Carneghi-Nakasako & Associates, Monument Row, Patton & Associates, LLC, Petru Corporation, Paragon Partners Consultants, Inc. and J. Kaeuper & Company.
Negotiations with CBRE, Inc., Associated Right of Way Services, Inc., Carneghi-Nakasako & Associates, and Monument Row have been completed successfully. Staff recommends Board approval of the Standard On-Call Consultant Agreements with CBRE, Inc., Associated Right of Way Services, Inc., Carneghi-Nakasako & Associates, and Monument Row, to provide On-Call Real Estate Support Services, for a not-to exceed aggregate fee of $5,000,000.
Staff is currently in negotiations with Patton & Associates, LLC, Petru Corporation, Paragon Partners Consultants, Inc., and J. Kaeuper & Compnay. If negotiations are successful, staff will recommend award for Board approval.
Consultant Agreements and Scope of Services:
Task orders will be issued on a competitive basis when conflicts of interest do not exist. There is no guarantee of any minimum amount of work or compensation to the Consultant’s under these Agreements. However, the maximum aggregate compensation that Valley Water will authorize to be expended for the awarded Agreements is a not-to-exceed aggregate fee of $5,000,000. The Not-To-Exceed Aggregate Fee of $5 million shall apply to each on-call real estate support services agreement awarded and shall be a total not-to-exceed amount to be shared by on-call agreements issued for real estate support services.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no Environmental Justice impacts associated with this item.
FINANCIAL IMPACT:
The not-to-exceed aggregate fee for these Agreements is $5,000,000 to be shared with the consultant firms CBRE, Inc., Associated Right of Way Services, Inc., Carneghi-Nakasako & Associates, and Monument Row. The term for the agreements is for five years. No funds will be encumbered at this time. On-Call services will be charged in accordance with each approved task order to budgeted funds from the respective projects that utilize the on-call agreement(s).
CEQA:
The recommended action to approve the Agreement does not constitute a project under the California Environmental Quality Act (CEQA) because it does not have the potential to result in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Government Code Section 84308 Monument
Attachment B: Government Code Section 84308 CBRE
Attachment C: Government Code Section 84308 Carneghi
Attachment D: Government Code Section 84308 ARWS
Attachment 1: Agreement, Associated Right of Way Services, Inc.
Attachment 2: Agreement, Carneghi-Nakasako & Associates
Attachment 3: Agreement, CBRE, Inc.
Attachment 4: Agreement, Monument Row
UNCLASSIFIED MANAGER:
Manager
Lisa Bankosh, 831-345-2936