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HomeMy WebLinkAbout06. On-Call Legal Services Award PSA AGENDA MEMO DATE: November 22, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: John Oskoui, P.E., Director of Public Works SUBJECTON-CALL PROFESSIONAL SERVICES FOR RIGHT-OF-WAY : ACQUISITION SERVICES – EXECUTE PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION That the City Council authorize the Mayor to execute a Professional Services Agreement with Kane, Ballmer & Berkman, for on-call professional services for right-of-way acquisition. BACKGROUND The Public Works Department occasionally completes Capital Improvement projects which require the acquisition of right-of-way. Such projects typically involve street widenings in order to provide additional street width to provide more travel lanes and increase capacity to accommodate traffic volume growth and/or additional sidewalk width to meet Americans with Disabilities Act (ADA) standards. Currently, the Public Works Department is in the process of completing the following projects which involve the acquisition of right-of-way from private landowners: Lakewood Boulevard Improvements, Phases 3B & 3C Paramount Boulevard at Firestone Boulevard Intersection Improvements Bellflower Boulevard at Imperial Highway Intersection Improvements The Lakewood Boulevard Improvements Project, Phases 3B & 3C will involve continuous widening along this major arterial between Florence Avenue and Telegraph Road to provide three travel lanes in each direction to accommodate projected traffic volume growth as well as widening the corners of major intersections in order to reconstruct the curb returns to provide a 50-foot turning radius to accommodate truck turning to facilitate the movement of goods. The street widening for this project will require the partial acquisition of right-of-way from 20 properties. This project is currently under design and the professional descriptions of the property acquisitions are currently being prepared. Exhibits A-1 and A-2 show the location of, and proposed property acquisitions for this project. The Paramount Boulevard at Firestone Boulevard Improvements Project involves the widening of this intersection in order to construct double left-turn lanes in each direction and an exclusive right-turn lane in the eastbound direction in order to accommodate projected traffic volume growth at the intersection and widening at each of the four CITY OF DOWNEY, CALIFORNIA Mayor and Members of the City Council On Call Professional Services - Execute Professional Services Agreement November 22, 2011 Page 2 corners of the intersection to reconstruct the curb returns with 50-foot radii to facilitate truck turning at the intersection. The street widening for this project will require one full property acquisition and partial right-of-way acquisitions from four properties adjacent to this intersection. This project is currently under design and the professional descriptions for the property acquisitions are currently being prepared. Exhibit B shows the location of this project. The Bellflower Boulevard at Imperial Highway Intersection Improvements Project involves the widening of this intersection in order to construct double left-turn lanes in the northbound and southbound directions and exclusive right-turn lanes in the eastbound, southbound and northbound directions in order to accommodate projected traffic volume growth at the intersection and widening at each of the four corners of the intersection to reconstruct the curb returns with 50-foot radii to facilitate truck turning at the intersection. The street widening for this project will require the partial acquisition of right-of-way from six properties adjacent to this intersection. In addition, the property appraisals have been completed for each of the six properties and staff is ready to proceed with offers to the property owner for the partial property purchases. The design for this project is complete. Exhibit C shows the location of, and proposed property acquisitions for this project. The Public Works Department previously had a law firm on retainer for on-call right-of- way acquisition services. However, the purchase order for this firm expired and staff subsequently circulated a Request for Proposals (RFP) to four law firms to assist the Public Works Department with right-of-way acquisition professional services for the three aforementioned as well as other capital improvement projects for which said services may also be required in the future. DISCUSSION Staff circulated the RFP for the subject on-call professional services on October 5, 2011 to the following four law firms: 1. Mayers Nave 3. Rutan & Tucker, LLP 2. Nossaman, LLP 4. Kane, Ballmer & Berkman Proposals were received from the four firms on October 21, 2011. Based on a review of the proposals, staff concluded that Kane, Ballmer & Berkman is the preferred firm to provide the subject on-call professional services, based on the firm’s qualifications of its key personnel, relevant experience, competitive hourly rates and check of references. has provided similar on-call professional services for the Cities of Hermosa Beach, Culver City and Inglewood; the Alameda Corridor – East Construction Authority; and the Anaheim, West Covina, San Diego, Whittier, Hawthorne and Santa Barbara Redevelopment Agencies. Mayor and Members of the City Council On Call Professional Services - Execute Professional Services Agreement November 22, 2011 Page 3 The scope of services will generally involve guiding Public Works Department staff through the right-of-way acquisition process to ensure adherence to all applicable state and federal laws and specifically will include reviewing professional descriptions and property appraisals to ensure just compensation to the property owners, preparing or reviewing purchase offer letters and staff reports, making presentations and addressing questions at Planning Commission and City Council meetings, mediating between staff and property owners, preparing Resolutions of Necessity and any supporting documents, filing and representing the City on eminent domain actions in the Superior Court, if necessary, and other services as necessary or required. The execution of the attached Professional Services Agreement will be necessary in order to authorize Kane, Ballmer & Berkman to proceed with providing the City with the subject on-call professional services. The term of the agreement will be for two years with an option for a renewal of one additional year. FINANCIAL IMPACT The subject on-call professional services will be charged to the budgets for the various capital improvement projects requiring said services for right-of-way acquisition. Attachments: Exhibits A-1, A-2, B and C Professional Services Agreement S:\AgendaMemosCC2011\11-22-11\On-Call Professional Services Award PSA