Water Pipeline Easement Appraisal Services Contract:

1. APPROVE and AUTHORIZE the Executive Director to execute a contract with Overland, Pacific & Cutler, LLC for an amount not-to-exceed $59,393.25, for the period ending June 30, 2020, pending approval by Agency Counsel;
2. APPROVE the use of California American Water funds per executed reimbursement agreement executed August 11, 2017; and 
3. AUTHORIZE the Executive Director to take other such further actions as may be necessary to fulfill the intent of the contract, including approvals of future modifications or amendments that do not significantly alter the scope of work, or change the approved contract term or amount.

TAMC issued a Request for Proposals (RFP) on May 3, 2018 soliciting proposals from qualified firms and sent by email to over 100 firms from the Agency's consultant list. The RFP was posted on the Agency's website during the proposal period and appeared in the Monterey County Weekly newspaper for the week of May 3, 2018. One proposal was submitted by Overland, Pacific & Cutler, LLC on the required due date of May 24, 2018. Staff reviewed the proposal and found it to be responsive to the requirements of the RFP and recommends Board approval of the contract.

The cost for these appraisal and legal services with OPC is covered under a reimbursement agreement with California American Water dated August 11, 2017. The contract amount covers the appraisal services and legal services for a total of $59,393.25. 

California American Water is implementing the Monterey Peninsula Water Supply Project to address critical local water supply issues, including a desalinization plant in Marina with a water transmission pipeline to the cities of Seaside, Monterey, Pacific Grove and Castroville.  California American Water proposes to install the transmission pipeline in a new 25 foot wide permanent utility easement along a 9.1-mile length of the Transportation Agency's Monterey Branch Line rail right of way and a temporary construction easement to install the pipeline.

Transportation Agency staff reviewed the plans for the water transmission pipeline to insure minimal potential impacts to future transportation uses on the Monterey Branch Line. Staff recommends the Agency contract for independent appraisal services to establish the fair market value of this 9.1-mile continuous easement that the water line would occupy from Lightfighter Boulevard in Seaside to Merritt Street in Castroville. The contract also provides TAMC with legal services, negotiation assistance, and preparation of necessary legal documents for the easements.

A Request for Proposals (RFP) was issued on May 3, 2018 soliciting proposals from qualified firms and sent by email to over 100 firms from the Transportation Agency's consultant list. The RFP was posted on the Agency's website during the proposal period and appeared in the Monterey County Weekly newspaper for the week of May 3, 2018. One proposal was submitted by Overland, Pacific & Cutler, LLC (OPC) on the required due date of May 24, 2018.  OPC met the scoring criteria of:

1. Experience in providing legal services and negotiation assistance for utility easements within railroad corridor rights of way,
2. Relevant appraisal experience in determining fair market value for utility easements within railroad rights of way,
3. Local knowledge of local real estate values in Monterey County, and
4. Ability to meet project schedule.

OPC was found to be a responsive and responsible bidder and staff recommends OPC to perform the work. OPC will perform right of way appraisal services to determine the fair market value of the easement, legal services to determine the structure and conditions of the easement agreement, and negotiation services to execute the agreement between TAMC and California American Water.  Online as a web attachment are the scope of work, budget, and proposed schedule of work.

• Draft Scope of Work, Budget and Schedule