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HomeMy WebLinkAboutBozeman Right of Way On-CallCITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 1CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 May 12, 2021 PREPARED BY 3950 Valley Commons Dr., Ste. 2Bozeman, Montana 59718 (406) 589-7554 Phonewww.tierra-row.com C I TY O F B O Z E MA N REALTY PROFESSIONALS TO ACT AS THE CITY BUYER’S AGENT FOR THE ACQUISITION OF RIGHT-OF- WAY, EASEMENTS, AND POSSIBLE PURCHASE OF LAND FOR VARIOUS STREET AND UTILITY IMPROVEMENTS CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 2CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 Transmittal Letter May 12, 2021 Shawn Kohtz, City Engineer P.O. Box 1230 Bozeman, MT 59771-1230 skohtz@bozeman.net Re: Realty Professionals to Act as The City Buyer’s Agent for the Acquisition of Right-Of-Way, Easements, and Possible Purchase of Land for Various Street and Utility Improvements Mr. Kohtz, Tierra Right of Way Services, Ltd. (Tierra), would like to thank the City of Bozeman (COB) for the opportunity to present our qualifications to provide on-call services for the acquisition of right-of-way, easements, and/or purchase of land in order to complete planned improvements. The COB can look to Tierra as a trusted partner to deliver high- quality services, meeting all your needs ethically and professionally. Tierra understands the COB will be constructing street and utility improvements to complete existing transportation and utility networks and to prepare for new growth. Tierra has provided real estate and right-of-way consulting services to State and local government clients across the western U.S. since 1989 and throughout Montana since 2015. We specialize in projects following the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act), and we have a proven track record of efficiently and successfully completing real estate and project administration services for small and large-scale transportation projects. In 32 years, not a single project completed by Tierra has failed to receive right-of-way certification for Federal reimbursement or eligibility, which shows our commitment to providing quality services. We fundamentally believe that when the acquisition process begins with communication—that is, when the Agent educates the property owner about the acquisition process and the public benefits of a project—negotiations result in more win-win outcomes for both parties. This philosophy has allowed Tierra to achieve a 95 percent success rate in completing acquisition assignments without the use of a client agency’s eminent domain powers. We look forward to working with the COB on this important on-call contract. If you have any questions, please feel free to contact me by phone at (520) 319-2106 or by e-mail at mdickerson@tierra-row.com. Respectfully, Mack Dickerson, SR/WA, R/W-RAC, GRI Vice President, Right of Way Services CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 1CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 1. Respondent’s experience with projects of similar size and design Experience and Capacity to Act as a Contractor Tierra Right of Way Services, Ltd. (Tierra), is uniquely qualified to provide right-of-way acquisition services for the City of Bozeman (COB). Tierra is a land services company, not an engineering firm with supplemental right-of-way services. We specialize in real estate consulting, right-of-way acquisition and relocation services, environmental and cultural resources compliance and permitting, and GIS/mapping services. With project experience in 34 states, Tierra has built a strong reputation among public agencies and private clients for providing high-quality land services. In more than 32 years of service to our clients, our projects have never failed to receive certification from State Departments of Transportation (DOTs) where Federal or State funds have been used in a local project. Founded in 1989 as a two-person right-of-way consulting firm in Tucson, Arizona, Tierra has steadily grown its services and range to become a nationally recognized land services company with 11 offices in 6 western states. Tierra expanded to Bozeman, Montana, in 2014. In 2015, Tierra was added as a pre-qualified right-of-way contractor for Montana Department of Transportation (MDT) Highway Project Development projects. Tierra maintains offices and staff in Spokane, Wenatchee, Lacey, and Everett, Washington; Las Vegas, Nevada; San Diego, California; Tucson and Phoenix, Arizona; and Santa Fe and Albuquerque, New Mexico. Our contact information is provided below. »Contact: Mack Dickerson, SR/WA, R/W-RAC, GRI Vice President and Authorized Representative 1575 East River Road, Suite 201 Tucson, Arizona 85718 Telephone: (520) 319-2106 Email: mdickerson@tierra-row.com Firm Expertise and Experience With more than three decades of experience, Tierra is working to build upon our footprint in the State of Montana. Given our vast experience with local and State government agencies and DOTs, as well as various regulatory requirements and different forms of Federal funding, Tierra is ready and excited to serve the COB under this contract. Real property and right-of-way acquisition is Tierra’s flagship service and the foundation of our business. Tierra has negotiated with private property owners, commercial property owners, attorneys, corporations, homeowners’ associations, trusts, school districts, developers, water companies, fuel companies, and telecommunications providers for both Federally and non-Federally funded projects. We have worked in conjunction with many public agencies, Tribal governments and communities, engineers, surveyors, planners, environmental specialists, appraisers, title specialists, and others to ensure the success of their projects. Adherence to the Uniform Act is key on any acquisition project, and Tierra is fully prepared to put our experience to work for the COB. In fact, we have completed thousands of acquisitions across the western United States, and we have never failed to receive certification of compliance with the Uniform Act for Federally funded projects. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 2CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 Tierra currently holds on-call contracts for right-of-way acquisition services similar to those required by the COB with a number of public agencies, including the following. MDT, On-Call Right-of-Way Acquisition Services, 2017–Present • Client: Montana Department of Transportation (MDT) • Contact Person: Jerilee Weibel, Acquisition Manager and Acting Right-of-Way Bureau Chief, (406) 444-6082; Boyd Darlow, Right-of-Way Specialist, (406) 444-6382 Project Highlight: Hardin-South Road Widening Project (2018–2019) Tierra acquired 52 parcels in conformance with the MDT Right-of-Way Manual and the Uniform Act for the Hardin-South Road Widening Project along Highway 313 south of Hardin, Montana. Services included project administration, title services, and maintaining files according to MDT standards to obtain a right-of-way certification. City of Sumner, WA, On-Call Right-of-Way Services, 2018–Present • Client: City of Sumner • Contact Person: Doug Beagle, Development Services Director, (253) 299-5715 Project Highlight: CIP 14-10 White River Restoration Project (2019–Present) Tierra is providing right-of-way acquisition and relocation assistance and advisory services for the Stewart Road Project, a major arterial that crosses the White River valley and connects areas of Auburn, Sumner, and unincorporated Pierce County to State Route 167. Arizona DOT (ADOT), On-Call Right-of-Way Services, 1999–Present • Client: ADOT • Contact Person: David E. Edwards, Deputy Right-of-Way Administrator for Real Estate, (602) 712-8803 Under our 22-year on-call right-of-way services contract with ADOT, Tierra has acquired more than 750 residential and commercial properties and relocated more than 500 residential tenant/owner and businesses as an on-call provider for ADOT. Specific services have included: coordination and analysis of property titles, preparation of Relocation Plans in advance of project acquisitions/relocations, coordination of appraisals, and negotiations for acquisitions involving single- and multi-family residences, mobile homes, large-scale businesses, and heavy industrial properties. Uniform Act compliance is required on all ADOT projects. Selected ADOT Projects in Detail Loop 202 South Mountain Freeway Project (2015–2020) The Loop 202 South Mountain Freeway Project expanded the existing Loop 202 regional freeway system in Maricopa County by an additional 22 miles and provided an alternate route between the east and west areas of the Phoenix Metro Valley. The project crosses private and public land and is the largest single ADOT construction project ever undertaken in the State of Arizona, as well as the first major Public-Private Partnership (P3) project undertaken by ADOT. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 3CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 »Provided land acquisition and owner/tenant relocation services for those impacted by this $1.8 billion project. »In February 2015, Tierra received a Notice to Proceed (NTP) from ADOT to begin the acquisition and relocation of properties affected by the proposed project improvements. »Tierra’s portion encompassed 55 acquisitions and 108 relocations; 18 acquisitions were vacant land, and 37 were improved residential/commercial properties. »There were 76 residential relocations and 40 business relocations. All residential tenants were moved into Decent, Safe, and Sanitary (DS&S) replacement housing. All businesses have either moved or are in the process of moving and reestablishing. There are several very-large-scale businesses impacted by this project that will take several years to fully relocate and reestablish. »Tierra negotiated and completed all assigned acquisitions. The total amount disbursed for acquisitions was $12,539,136.00. »Tierra completed all relocations and claims. The total amount disbursed for relocation entitlements is was $13,497,000.00. »Total project cost, including design and construction, was in excess of $1,700,000,000.00. »This Federally funded project complied with the Uniform Act and had a real estate budget of $650,000,000. I-10–SR 87 Traffic Interchange (I-10 Widening at Picacho, Phases 1 and 2) (2008–2013) Tierra provided a wide range of land services for the Interstate 10 (I-10) Widening at Picacho, Phases 1 and 2, including relocation planning, acquisition of parcels, and relocation assistance for owners and tenants impacted by the project. »Tierra began with relocation planning in 2008 with a potential of 157 Displacees. Relocation planning was complete 6 months later in 2009. »In 2010, Tierra received an NTP from ADOT to begin the acquisition and relocation of properties affected by Phases 1 and 2. »The project included 86 total acquisitions and 98 total relocations. This resulted in the acquisition and displacement of approximately 70% of the Town of Picacho. »32 Acquisitions were vacant land, and 54 were improved residential and/or commercial properties. »There were 81 residential relocations and 17 business relocations. All residential tenants were moved into DS&S replacement housing. All businesses were moved and reestablished. »The final vacancy of properties occurred in 2012. From initial acquisition services to completion of the final moves, this project took 24 months. »Tierra negotiated and completed all acquisitions. The total amount disbursed for acquisitions was $6,254,563.00. »Tierra successfully completed all relocations and claims. The total amount disbursed for relocation entitlements was $1,632,330.09. »Total project cost, including design and construction, was approximately $90,000,000.00. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 4CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 U.S. 60–Thunderbird Road Traffic Interchange (2014–2015) Tierra provided land acquisition and owner/tenant relocation services for those impacted by this transportation improvement project. »In December 2014, Tierra received an NTP from ADOT to begin the acquisition and relocation of properties affected by the proposed project improvements. »The project encompassed 43 total acquisitions and 38 total relocations. »18 Acquisitions were vacant land, and 25 were improved residential and/or commercial properties. »There were 18 residential relocations and 20 business relocations. All residential tenants were moved into DS&S replacement housing. All businesses have either moved or are in the process of moving and reestablishing. »Tierra negotiated and completed all acquisitions. The total amount disbursed for acquisitions was $2,545,878.00. »Tierra is in the process of completing all relocations and claims. The total amount disbursed for relocation entitlements is anticipated to be in excess of $922,000.00. »Total project cost, including design and construction, is approximately $25,500,000.00. »The right-of-way has been cleared and the project is complete. Additional ADOT Projects • U.S. Highway Improvements—Kingman & Wickenburg: Full and partial acquisition of approximately 250 parcels, including residential and business properties. • U.S. 95 Road Widening—Yuma: Acquisition of 240 parcels (business and residential), as well as extensive crop-damage resolution. • Quartzsite Highway Improvements: Partial acquisition of 41 residential and commercial properties. • East Flagstaff Interchange (U.S. Highway 66): Partial/total acquisition of 27 commercial parcels. • Red Mountain/San Tan Freeway—Mesa: Partial acquisition of 2 mobile home parks and total acquisition of 13 residential parcels. • Sky Harbor Airport—Phoenix: Total acquisition of 5 industrial sites for airport access. • Estrella Freeway/SR 303 Loop (U.S. Highway 60)—Surprise: Total acquisition of a large storage facility property with 455 units and 2 on-site mobile homes requiring sensitive negotiations and Temporary Occupancy Agreements; 300+ tenant relocations, and each occupied storage unit was eligible for a relocation benefit. Washington State DOT (WSDOT), On-Call Right-of-Way Services, 2003–2008 and 2014–Present • Client: WSDOT • Contact Person: Kevin Workman, Assistant Real Estate Services Manager Northwest Region, (206) 440-4184 CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 5CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 In 2014, Tierra received one of five on-call contracts awarded by WSDOT to provide right- of-way services for transportation development projects across the State. Under our previous on-call contract with WSDOT from 2003 to 2008, Tierra acquired a combination of commercial and residential property types in diverse neighborhoods and rural and urban settings following Federal Highway Administration (FHWA) guidelines and Local Agency Guidelines (LAGs). Selected WSDOT Project in Detail SR 520/148th Avenue Interchange Overlake Access Project (2019–Present) Tierra is providing right-of-way acquisition and relocation assistance and advisory services for the State Route (SR) 520/148th Avenue NE Interchange Project, which aims to reduce congestion at the SR 520/148th Avenue NE interchange by constructing a new, separate, eastbound off-ramp for traffic heading east into the City of Redmond. All projects are completed in accordance with the Washington Right-of-Way Manual and the Uniform Act. Additional WSDOT Projects • SR 520: Acquisition of 2 commercial parcels, relocation of 14 commercial parcels. • SR 9: Acquisition and relocation of 2 commercial parcels. • Lyon’s Creek: Acquisition of 4 commercial parcels, relocation of 1 commercial parcel. • SR 9, Prairie Road to Thunder Creek: Acquisition of 24 rights of entry. • SR 20, Quiet Cove: Acquisition of 30 rights of entry. • SR 539, Horton Road to Ten-Mile Road: Acquisition of 8 parcels. • SR 516, 204th Avenue SE to 211th Avenue SE: Acquisition of 12 parcels. • SR 522: Acquisition of 25 parcels, both commercial and residential. City of Tucson, AZ, On-Call Right-of-Way Services, 2000–Present • Client: City of Tucson • Contact Person: John Cahill, Real Estate Administrator, (520) 791-4181 Under our 21-year on-call right-of-way services contract with the City of Tucson, Tierra has successfully completed over 100 acquisitions and relocation projects, encompassing several hundred parcels, for various public improvement projects. Projects have included street widening, sidewalks, sewer-main improvements, and bus-bay pullouts. Selected City of Tucson Projects in Detail: Grant Road Corridor Improvement Project (2009–Present) The Grant Road Corridor Improvement Project is the cornerstone of the 20-year Regional Transportation Administration (RTA) Plan approved by City of Tucson voters in 2006 and its biggest and most visible undertaking. Stretching for 5 miles between Oracle and Swan Roads, this multimodal transportation development project will redefine Grant Road not only for drivers, but for cyclists, pedestrians, and local businesses and residents. Tierra provided right-of-way acquisition and relocation services in a concept-to-completion delivery method for Phases 1 and 2 and is currently working on Phases 3 and 4. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 6CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 Grant Road Phase 2, Stone Avenue to Park Avenue (2012–Present) Providing conception-to-completion right-of-way services for the Grant Road Corridor Improvement Project, including transportation planning, title, appraisal, negotiation, acquisition, escrow management, and relocation services. »Acquisition planning and organization for 160 properties along the corridor. »Tierra ordered 106 title reports for design activities on July 31, 2013. »Tierra ordered appraisals to begin acquisition of properties on May 28, 2014. »36 Acquisitions were avoided. »A savings of $8.5 million was realized through the real estate planning activities. »10 Full residential acquisitions totaling $1,584,025.00 in acquisition values. »39 Full commercial acquisitions totaling $11,794,275.00 in acquisition values. »10 Partial commercial acquisitions totaling $749,700.00 in acquisition values. »62 Temporary Construction Easements (TCEs) acquired. »The project required 13 condemnation actions. Silverbell Road: Grant to Goret Acquisitions and Relocations (2012–2019) Tierra provided complete real estate services for this road-widening and safety improvement project, including appraisal, title, negotiation, and acquisition escrow management services. »Tierra ordered a total of 16 title reports beginning on November 17, 2013. »Tierra ordered appraisals for the partial acquisitions of 10 properties on September 12, 2014. »Completed 10 partial commercial acquisitions. Total amount disbursed for these acquisitions was $75,140.00; Tierra completed 16 partial residential acquisitions. The total amount disbursed for these acquisitions was $50,900.00. »Tierra acquired 26 TCEs. »All escrows have closed. »Three condemnation actions were necessary for commercial properties directly adjacent to the Silverbell Road corridor (appraised at a value of $342,300.00). Broadway Boulevard, Euclid to Country Club Acquisitions and Relocations (2015–Present) Tierra provided complete real estate services for this politically charged road-widening proj- ect, including appraisal, title review, negotiation, and acquisition escrow management. »Tierra completed 35 full acquisitions, 43 partial acquisitions, 5 residential relocations and 83 non-residential relocations. At the present time, Tierra is completing the remaining relocation assistance claims. Houghton Road, Broadway to 22nd Street Acquisitions (2013–Present) Tierra has provided complete real estate services for this high-profile transportation project, including appraisal, title review, legal description review, negotiations, and acquisition escrow management. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 7CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 »Tierra obtained appraisal reports and completed 4 partial commercial acquisitions. The total amount disbursed for these acquisitions was $217,950.00. »Tierra completed 26 partial residential acquisitions. The total amount disbursed for these acquisitions was $178,376.00. »The project required 5 condemnation actions. 22nd Street Phase 1 & 2: Kino Parkway to Tucson Boulevard Acquisitions and Relocations (2009–Present) Tierra has provided complete real estate services for this transportation project, including appraisal, title review, negotiations, and acquisition escrow management. »Tierra ordered appraisals for 7 transactions for Phase 2 on August 12, 2016. »Negotiations for 7 acquisitions proceeded in December 2017 for Phase 2. »Tierra completed conception-to-completion real estate services for Phase 1. »Phase 1 required 17 full residential acquisitions. The total amount disbursed for residential acquisitions was $1,831,505.00. »Phase 1 required 11 full commercial acquisitions. The total amount disbursed for commercial acquisitions was $5,469,140.00. »Phase 1 required the acquisition of 15 TCEs. Additional On-Call Contracts Held by Tierra • Pima County, AZ, On-Call Right-of-Way Services, 1997–Present • City of Phoenix, AZ, On-Call Right-of-Way Services, 2001–Present • Southwest Gas Corporation, On-Call Right-of-Way Services, NV, 2005–Present • On-Call Relocation and Acquisition Services, Clark County, WA, 2013–Present • On-Call Real Estate Acquisition/Relocation Services, Stanwood, WA, 2016–Present • New Mexico DOT, On-Call Right-of-Way Services, NM, 2020–Present Project Awards As additional verification of successful experience, Tierra and/or its staff members have been participants on the following transportation projects that have been formally honored by the American Public Works Association: • 2019–Grant Road Phase II: Stone Avenue to Park Avenue, Project of the Year Finalist in the Transportation $5–25 Million Category • 2016–Kino Parkway/22nd Street Statewide (Arizona) Project of the Year Finalist in the Transportation $5–25 Million Category • 2015–Houghton Road, Irvington Road to Valencia Road, National Project of the Year Finalist in the Transportation $5–25 Million Category CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 8CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 2. Firm’s Qualifications Tierra has developed a streamlined process to organize and accomplish right-of-way projects. We believe that when the acquisition process begins with communication— that is, when the Agent educates the property owner about the acquisition process and the public benefits of a project—negotiations result in more win-win outcomes for both parties. This philosophy has allowed Tierra to achieve a 95 percent success rate in completing acquisition assignments without the use of a client agency’s eminent domain powers. Firm Expertise As the institutional knowledge of yesterday's labor force begins to retire, agencies are relying more on the services provided by Tierra. Our expertise includes right-of-way– related services for public projects from cradle to grave. Some of our real estate service offerings include the following: »Policy and procedure development related to the implementation of the Uniform Act. »Policy and procedure development related to real estate acquisition and relocation activities. »Conception-to-completion, full-service project management. »Real estate mitigation services through transportation planning. »Technical design review related to real estate and right-of-way items. »Route and site feasibility studies. »Site analysis and selection. »Real estate project scheduling. »Real estate Project Funding Estimates (PFEs). »Relocation assessments for individual properties. »Relocation planning for projects. »Title review, title research, and analysis. »Prior rights determinations. »Development of subconsultant scopes of work (appraisal, title, demolition, environ- mental, survey, etc.). »Form or template document preparation. »Legal description review. »Preparation of agreements (purchase, lease, exchange, etc.), deeds, and easements. »Preparation of partial releases or easement consents as needed for clear title. »Property, easement, and improvement acquisition. »Relocation assistance and move planning. »Relocation entitlement determination. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 9CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 »Relocation entitlement evaluation and reimbursement processing. »Local, State, and Federal permitting. »Escrow coordination and oversight. »Appraisal and appraisal review coordination, management, and review. »Expert witness testimony. »Staffing services. »Public education and presentations. »Agency training development and delivery. »Technical presentations to agency staff and leaders. »Governmental and Tribal liaison. »Review and implement processes for archaeological and environmental clearance. Our staff has extensive industry and regulatory knowledge, including: Uniform Act Compliance Tierra’s Right-of-Way Agents and staff are fully trained in Uniform Act guidelines and experienced in its practical application, having implemented it on dozens to hundreds of projects each. Tierra’s Agents are regularly provided with in-house training and round- table discussions on various issues in the right-of-way industry. Industry Laws Tierra’s staff and management are knowledgeable in a variety of local, State, and Federal laws impacting the right-of-way industry, particularly as they relate to acquisition projects. We maintain an active presence in the right-of-way industry through participation in professional organizations and events, and we subscribe to relevant professional publications to ensure up-to-date knowledge of regulatory and legal issues and updates. Tierra also sponsors attendance at Federal Agency Update seminars and other relevant workshops and symposiums. Our staff keeps abreast of changes in right-of-way standards and law. Tierra’s Vice President of Right-of-Way Operations, Mack Dickerson, SR/WA, R/W-RAC, GRI, has 43 years combined experience in right-of-way and real estate. He is certified by the International Right of Way Association (IRWA) as a Designated Senior Right of Way Professional (SR/WA) and holds an IRWA Relocation Assistance (R/W-RAC) certificate. Leslie Findlay, Tierra’s Manager of Right-of-Way Operations in the Pacific Northwest region, co-wrote several chapters in the WSDOT Right-of-Way Manual and LAG Manual (Chapter 25) and reviewed and approved local agency Right-of-Way Manuals. She co- led the refinement of the Federal Highway Administration (FHWA) project certification process, worked with the FHWA to establish relocation guidance practices and procedures, assisted in modifications to the Washington Administrative Code (WAC), and helped modify and institute the increased relocation reestablishment amount ($50,000) in the State of Washington. She is considered a right-of-way subject matter expert. She served as past president of the IRWA’s Puget Sound Chapter. She was named IRWA Chapter Professional of the Year in 2014 and in 2019 was named IRWA Region 7 Professional of the Year. She is a former Chair of the IRWA’s International Relocation CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 10CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 Committee, a certified CLIMB instructor for IRWA relocation courses, and currently a member of the International Professional Education Committee. Federal Agency Regulations Tierra’s staff is knowledgeable and experienced in the specific requirements and procedures of various Federal agencies often affected by acquisition projects, including the FHWA, Bureau of Indian Affairs, Bureau of Land Management (BLM), Bureau of Reclamation, Federal Transit Administration, Federal Aviation Administration, U.S. Army Corps of Engineers, and the U.S. Forest Service. We have also acquired easements and rights of way on properties managed by multiple State game and fish departments, DOTs, flood control districts, Tribal agencies, railroads, and public and private utilities. Experience and Qualifications of Personnel Assigned to this Project With over three decades of experience in the right-of-way and real property industry, Tierra has developed a staff of experienced senior management and knowledgeable real estate professionals capable of communicating effectively with diverse clientele and successfully and efficiently performing all required right-of-way acquisition services. Tierra provides ongoing training sessions to all Right-of-Way Project Managers biannually and to Agents monthly. Staff Resumes Mack Dickerson, SR/WA, R/W-RAC, GRI, Vice President of Right-of-Way Operations »B.S., Business Administration, University of Arizona »SR/WA and R/W-RAC Certification, IRWA »Graduate, REALTOR® Institute (GRI) »Broker in the States of Arizona, New Mexico, and Nevada Mack Dickerson has 35 years of experience in the right- of-way and real estate industries. His experience includes the management of transportation improvement, water and gas transmission and distribution, electric transmission, and telecommunications corridor projects across the western region of the United States, including in Montana, Nevada, Arizona, New Mexico, Washington, Idaho, and Colorado. His expertise includes property sales and purchases for public and private sellers, complex right-of-way acquisitions, relocation assistance, title research, simple valuation assignments, and property management. Mr. Dickerson has managed and overseen projects involving FHWA funds, Federal Transit Administration funds, Federal Aviation Authority funds, National Telecommunications and Information Administration funds, American Recovery and Reinvestment Act funds, and State and local funds. Project Experience • Division Director/Project Manager, MDT On-Call Right-of-Way Acquisition Services, Statewide, MT, 2017–Present »Responsible for the management and oversight of right-of-way acquisitions for the Hardin-South Road Widening Project along Highway 313 south of Hardin. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 11CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 • Division Director/Project Manager, ADOT On-Call Right-of-Way Services, Statewide, AZ, 1999–Present »Provides management and oversight of acquisition and relocation projects on an as-needed basis for ADOT. • Principal-in-Charge, WSDOT On-Call Right-of-Way Acquisition Services, Statewide, WA, 2003–2008 and 2014–Present »Provides management and oversight of acquisition and relocation projects on an as needed basis for WSDOT. • Division Director/Project Manager, City of Tucson On-Call Right-of-Way Services, Tucson, AZ, 2000–Present »Since 2000, Mr. Dickerson has successfully managed nearly 100 acquisition and relocation projects under an on-call contract for various City public improvements, including street widening, sidewalks, sewer main improvements, booster stations, and bus bay pullouts. • Division Director/Project Manager, Pima County Right-of-Way Agent, On-Call Right-of- Way Services, Pima County, AZ, 1997–Present »Since 1997, Mr. Dickerson has overseen or participated in the acquisition of more than 1,000 parcels and has been responsible for overseeing relocation activities for a variety of business and residential properties. Nancy Madden, Project Manager/Right-of-Way Agent »Westford College, Real Estate Courses »Arizona Real Estate License, No. SA579808000 »Notary Public, State of Arizona Nancy Madden has 15 years of experience working extensively with municipal and State entities. Her expertise includes a wide variety of residential and business acquisition and relocation activities involving single- and multi-family residences, mobile homes, storage units, and commercial and retail properties and affecting owner- occupants, non-residential owners, and short- and long-term tenants. Her experience with public agencies includes the MDT, ADOT, Arizona State Land Department (ASLD), Central Arizona Project, Bureau of Land Management, and Bureau of Reclamation. Ms. Madden possesses a strong ability to adhere to project timelines and budgets and shows a true personal interest in and commitment to each client, which has repeatedly resulted in positive relationships. She is knowledgeable in local, State, and Federal industry regulations and policies, including the Uniform Act and its practical application. Ms. Madden will serve as the Project Manager for projects assigned under this contract with the COB. Project Experience • Acquisition Agent, MDT On-Call Right-of-Way Acquisition Services, Statewide, MT, 2017–Present »Responsible for the preparation and presentation of offers to property owners for CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 12CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 negotiating agreements for a road-widening project south of Hardin. Worked with MDT to prepare files for closing and assisted with title work. The project included 52 parcels and was completed in conformance with the Uniform Act. • Acquisition/Relocation Specialist, City of Phoenix On-Call Right-of-Way Services, Phoenix, AZ, 2007–Present »Serves as an Acquisition/Relocation Specialist for various projects on behalf of the Streets Transportation, Water Services, and Neighborhood Services departments for purposes including highway/street widening, sidewalk improvements, and park improvements. • Acquisition/Relocation Specialist, City of Phoenix South Central Extension/Downtown Hub Light Rail Extension, Phoenix, AZ, 2019–Present »Negotiated with business owners on more than 150 acquisitions and numerous tenant relocations. Maintains regular contact with client, obtains approval of documents, ensures projects are completed within the required timelines/budgets, and prepares and submits completed files per City of Phoenix procedures. • Acquisition/Relocation Specialist, Yuma County N. Frontage Road Project, Yuma Coun- ty, AZ, 2019–Present »Completed numerous acquisitions and residential relocations. Led all stages, from offer to escrow and eligibility and determination, to move and claims. Performed within all regulations, including Uniform Act compliance. Michael Rabb, J.D., Senior Right-of-Way Agent »J.D., Oklahoma City University School of Law »B.A., Political Science/Business, University of Arizona »Bar Admissions: State of Montana, U.S. District Court of Montana, State of Arizona, U.S. District Court of Arizona, and State of California Michael Rabb has over 16 years of experience as a Right-of- Way Agent, Attorney, Real Estate Agent, and Broker. Advisory services have included condemnation, eminent domain, contract law issues, and business/real estate development opportunities. Mr. Rabb was the President of the IRWA’s Big Sky Chapter 45 and a certified instructor for the IRWA engaged to travel around the country to provide classes on real estate law and right-of-way acquisition. His expertise includes acquisition of fee and easements for transportation and corridor projects. He has represented municipalities in surplus property disposal and has experience reviewing title and clearing encumbrances. He has expedited development, zoning, and construction permits through various departmental entities, and prepared legal documents to include deeds and easements. He has participated in condemnation cases involving corridor projects and has extensive negotiation and mediation experience. Mr. Rabb has represented an array of entities on a variety of real estate matters, including eminent domain, real estate transactions, and landlord tenant issues; escrow negligence; construction financing; title insurance disputes; and lien priority disputes. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 13CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 Mr. Rabb has direct experience as a real estate attorney and acquisitions professional in the COB. He has regularly used and applied both the UDC and Uniform Act to ensure that both clients and right-of-way professionals are in compliance with the laws and that property owners are treated fairly and professionally. Project Experience • Right-of-Way Agent, Hardin-South Road Widening Project, 2018–2019 »Provided title research services, updating the records of title for parcels with outdated ownerships or title insurance commitments. • Sr. Right-of-Way Agent, Santa Fe River Greenway Project, Santa Fe, NM, 2012–Present »Tierra is currently working with Santa Fe County, New Mexico, to acquire the property rights necessary to complete a multi-use path along the banks of the Santa Fe River. Obtaining lienholder releases. • Right-of-Way Agent, Western New Mexico Telephone (WNMT) Wireless Transaction, 2012 »Assisted WNMT with due diligence and negotiations with the U.S. Forest Service, BLM, and private landowners for the transfer of cell towers and the associated land rights from WNMT to WNM Communications Corporation. The project allowed the parties to proceed with the transfer of up to 16 selected towers located in several WNMT Wire Center Exchanges. Leslie Findlay, SR/WA, R/W-RAC, Manager—Pacific Northwest Right-of-Way Operations »Project Management Certification Course, University of Washington »South Puget Sound Community College »Washington State Real Estate Managing Broker’s License No. 27965 Leslie Findlay has been involved in right-of-way activities since 1998. Her daily focus is on project management, certification of Federally funded projects, and the implementation of projects under the Uniform Act. She has significant experience in project management, team leadership, coaching and mentoring employees, as well as educating agencies, their staff, and consultants. Ms. Findlay has excellent knowledge and understanding of laws and regulations pertaining to real estate acquisitions and relocations. During her 15-year tenure in Real Estate Services at WSDOT, Ms. Findlay was responsible for the development and implementation of training courses for staff, consultants, and local agency employees. She performed quality assurance oversight, relocation assistance, and project certification reviews on FHWA–funded projects throughout Washington. Project Experience • Right-of-Way Manager, WSDOT On-Call Right-of-Way Services, Northwest Region, 2019–Present CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 14CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 »Responsible for the management of multiple projects for fish passage and Connecting Washington projects in the Northwest Region. Projects include acquisitions, relocations, and relocation planning. • Manager, Sound Transit, Right-of-Way Acquisition and Relocation Services, Seattle, WA, 2017–2019 »Responsible for oversight and management of acquisition and relocation services in support of Sound Transit’s construction and operation of ST2 Link Light Rail, Regional Express, and Sounder Commuter Rail Projects, as well as ST3 projects. • Manager, King County Metro Rapid Ride H Line Project, King County, WA, 2017–Present »Responsible for oversight and management of right-of-way services for 38 properties. • Right-of-Way Manager, City of Port Orchard Bay Street Pedestrian Pathway, Port Or- chard, WA, 2018–Present »Overseeing acquisition services in accordance with the Uniform Act and the WSDOT Right-of-Way Manual. Right-of-Way services include appraisal coordination, acquisition, relocation assistance, lease negotiation, encroachment clearing, and WSDOT certification of 40+ parcels. Alis Gause, SR/WA, R/W-NAC, Right-of-Way Manager »B.A., Pima Community College »IRWA Region 1 Professional of the Year, 2020 »Notary Public, Nevada and Arizona Alis Gause is a highly knowledgeable right-of-way professional with over 20 years of industry experience. She excels in all matters related to real property acquisitions, residential and business relocation, and property and asset management. Ms. Gause has a deep knowledge of the regulations and guidelines governing right-of-way work, including the Uniform Act and requirements for City, County, and DOT permits, as well as eminent domain and condemnation procedures. She is experienced at reviewing and solving complex property title issues, reviewing appraisals, and developing valuations. Ms. Gause is an expert in the preparation of all documents necessary to acquire real property interests. Project Experience • Right-of-Way Agent, Backflow Retrofit Program, Las Vegas Valley Water District, Las Vegas, NV, 2016–2020 »Providing land rights research, acquisition of easements, and coordination with various State and Federal agencies to bring non-compliant properties into compliance with current Federal regulations. (Independent Experience) • Senior Right-of-Way Agent, Southwest Gas Corporation, Various Projects, In-House Contractor 2011–2016 CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 15CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 »Providing acquisition and agency lease preparations for residential and commercial natural gas service. (Independent Experience) • Senior Right-of-Way Agent, Sulfur Springs Valley Electric Co-op, Wilcox to Sonoita 69kV Transmission Line Project, 2010–2011 »Providing right-of-way utility easement, acquisition, preparation of purchase agreements, and State, County and City Department of Transportation permits. (Independent Experience) Colin Drake, Right-of-Way Agent »B.S., Business Administration, University of Arizona »Arizona Real Estate License No. #SA682250000 »Notary Public, State of Arizona Colin Drake has 4 years of experience as a Right-of-Way Agent. He is often utilized as an Investigative Researcher to assist in combing multiple data repositories to locate hard-to-find individuals and owners. His research skills have been invaluable on transportation projects. Mr. Drake has outstanding customer service skills and quickly develops rapport with clients. Project Experience • Right-of-Way Agent, Gateway Apartments Project, Tucson, AZ, 2020–Present »Providing relocation planning and relocation assistance services to three commercial businesses for the clearance of the property to develop an affordable housing complex. • Right-of-Way Agent, City of Tucson, Broadway Boulevard: Euclid Avenue to Country Club Road Roadway Improvement Project, Tucson, AZ, 2018–Present »Providing relocation services for five commercial relocations and negotiating seven acquisitions. Assisting in organizing and obtaining conveyance documentation to secure right-of-way clearance for this project. • Right-of-Way Agent, City of Tucson, Grant Road Improvement Project, 2018–Present »Providing relocation services for eight businesses and negotiating nine acquisitions for Phases III & IV of this six-phase, 5-mile urban transportation corridor project. The project complies with the Uniform Act. Additional Staff Resources Tierra’s Montana field office is located at 3950 Valley Commons Drive in Bozeman. From this office, Michael Rabb operates his law firm and assists Tierra with providing our Montana clients with as-needed services. Typically, we have an Agent other than Mr. Rabb in the Bozeman area at least every three months working on projects in Montana, Idaho, or Wyoming. Should additional supplemental resources become necessary, Tierra has immediate access to experienced Project Managers and Agents who can assist remotely or who will travel to the project site as necessary from nearby states. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 16CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 These additional qualified persons are immediately available to undertake and successfully complete acquisition assignments without exceeding designated workload thresholds. Tierra's management continuously tracks the workload assignment of each Agent and ensures the work ratio remains optimal to meet client expectations and goals. When project workloads require additional staff or when new challenges are encountered, Tierra team members in other offices may be consulted or brought in to meet project deadlines. Through the use of technology, many real estate tasks can be completed by these staff members from their remote locations, maximizing efficiency and cost savings for our clients.. All staff members are supported by our Accounting, Information Technology, and Administrative Departments. Firms Familiarity with the City of Bozeman’s Unified Development Code and Site Selection Building upon our vast experience, particularly with local and State government agencies and Departments of Transportation, Tierra is ready to serve the COB. Over the past six years, Michael Rabb has advised individuals, companies, and real estate developers in Montana on the Unified Development Code (UDC) adopted by the COB. His routine use of and interaction with the UDC as an attorney and right-of-way professional provides him unique insight into its intricacies and application. Moreover, since adherence to the Uniform Act is the foundation upon which any acquisition project is completed and is vital to preserving any Federal funding received by the COB, Tierra is fully prepared to put its experience to work for the COB. In fact, we have completed thousands of acquisitions across the western United States and have always received a certification of compliance with the Uniform Act for Federally funded projects. Proof of State License Requirements Licensing under the Montana Real Estate Licensing Act for right-of-way acquisition by public entities is not required in the State of Montana. However, Michael Rabb is a licensed attorney in the State of Montana. Moreover, most of our Agents and all of our Project Managers are either licensed real estate professionals in other states or certified right-of-way specialists. Many Senior Managers at Tierra hold the SR/WA designation from the IRWA, as well as other specialty certifications, including Relocation Assistance Certification (R/W-RAC). Tierra is registered with the State of Montana as a foreign corporation in good standing, organized under the laws of the State of Arizona to transact business and conduct affairs in the State of Montana. Tierra maintains a current Certificate of Authorization issued by the Office of the Montana Secretary of State. Claims Tierra has not been assessed and paid liquidated damages after completion of a project under a contract with a public owner in the last 10 years. 3. Capabilities to meet time schedule and project budget requirements Internal Measures for Timely Completion on Budget Tierra’s success is centered on solid operational management and proven project management tools that allow us to produce work of the highest professional quality while focusing on client goals, schedules, and budget needs. We believe quality assurance CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 17CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 is rooted in the ability to avoid problems through early detection and resolution. We accomplish this by using skilled and experienced staff, hands-on project management, detailed Project Management Plans (PMPs), daily tracking, regular quality reviews, and communication between all parties. Tierra also implements procedures for quality assurance and cost control, which allow our team to efficiently track project activity against work plans, project timelines, and project budgets. Tierra begins each assignment by developing a PMP to detail the scope of activity to be completed, establish a schedule, designate milestone dates to meet project goals, list resources necessary to complete the assignment and ensure availability, set budgetary parameters, and assign specific roles and responsibilities for each staff member on the project team. The PMP identifies any critical factors that may affect the project schedule or budget, and presents options for surmounting them. This includes a communication plan to facilitate sharing of information between the client, staff, and interested parties. Tierra Project Managers review PMPs weekly to ensure that any potential issues are identified early in the process. As a result, adjustments can be made and resources reallocated within the scope to ensure client goals are met and projects are completed on schedule. Quality Assurance/Quality Control (QA/QC) Procedures Tierra’s QA/QC program is applied to every project we undertake. It includes a review of the project scope, methodology, plans, and recommendations. It also includes monitoring of client relationships. QA/QC is a primary responsibility of the Project Manager, who coordinates with staff and performs reviews in a timely manner. Whether collecting data in the field or producing reports in the office, Tierra is committed to thorough QA/QC at every step of the way. Tierra’s QA/QC procedures are detailed below. QA/QC Procedures: Project Forms All Tierra Agents and Project Managers are expected to familiarize themselves with the forms used by the COB. If the COB does not have standard forms, the Tierra Project Manager will provide forms for COB review and approval. Client template documents are only modified to the extent necessary to produce the document for the task assignment. Any substantial modification of a template document requires approval by the COB. 1. The Project Manager will confirm with the COB that the forms to be used are the most up-to-date available. The Project Manager will create a forms folder in the project file on Tierra’s Egnyte cloud server and upload the template forms to be used. 2. The Project Manager will direct the Agent regarding which forms to use for each task assignment. 3. The Tierra Agent will prepare the template forms as needed to complete a task assignment and will work with another Tierra Agent to perform a review. The reviewing Agent will provide comments and corrections. When the preparing Agent has completed the corrections, the documents will be transmitted to the Project Manager for final review. 4. The Project Manager will review the final documents for completeness, grammar, and factual errors. Any discrepancies will be transmitted to both the preparing and review- ing Agents so that both are aware of any changes to be followed in the future. 5. The preparing Agent will correct any discrepancies noted by the Project Manager and transmit them back to the Project Manager for final review and approval. CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 18CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 6. If the forms produced are the first acquisition documents completed by Tierra for the COB, the Project Manager will submit them to the COB for review and approval. Any requested changes will be incorporated for future documents. 7. After the initial completion of template forms, the Project Manager will perform spot checks on future documents as needed to ensure compliance and consistency. 8. Tierra’s Right-of-Way Manager may perform a QA/QC review of documents. QA/QC Procedures: Custom Documents Custom documents may include correspondence to a landowner or Displacee to answer questions or resolve issues. Any custom documents needed to complete a task assignment will be prepared by the assigned Tierra Agent. Tierra will follow the QA/QC procedures described above for the completion and review of custom documents. The Project Manager will also ensure that a custom document does not impose any additional liability and will coordinate with the COB for approval prior to any transmittal of the document. QA/QC Procedures: Project Progress Reports 1. The Project Manager will prepare all project progress reports to be transmitted to the COB. Prior to the start of any assigned project, Tierra will establish the requirements of such reports, necessary recipients, and frequency of reporting with the COB. 2. The Project Manager will save a copy of every progress report. Each report will include the name and date of the report. These reports will be saved in a designated subfolder for the project on Tierra’s Egnyte cloud server. 3. The Division Manager will review the progress reports prepared by the Project Manag- er each month to ensure that the project is on schedule and adequate resources are assigned. 4. Present and projected workloads The table below shows our team's availability to complete projects through this on-call. These percentages are based on Tierra's current projections and our experience and level of commitment to this project. Team Member Name Team Member Role Availability Mack Dickerson Vice President, Right-of-Way Operations 5% Nancy Madden Project Manager 25% Michael Rabb Vice President, Senior Right-of-Way Agent 10% Leslie Findlay Right-of-Way Manager 15% Alis Gause Right-of-Way Manager 50% Colin Drake Right-of-Way Agent 25% CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 19CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 5. Past projects/experience working with City Recent and Current Work for the City of Bozeman While Tierra does not have experience working with the COB, Michael Rabb is familiar with the COB and has advised individuals, companies, and developers in Bozeman on the Unified Development Code (UDC). We would welcome an opportunity to establish a relationship with the COB, and we are confident that our extensive experience and dedication to our client’s success would translate into a successful partnership with the City. 6. Office location Contact information for our local office is provided below. Montana Division—Est. 2014 3950 Valley Commons Drive, Suite 2 Bozeman, Montana 59718 Phone: (406) 589-7554 Email: mdickerson@tierra-row.com CITY OF BOZEMAN RIGHT OF WAY Page 01 | Page 20CITY OF BOZEMAN RIGHT OF WAY Page 01CITY OF BOZEMAN RIGHT-OF-WAY Page 01 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Tierra Right of Way Services, Ltd. Tierra Right of Way Services, Ltd. Mack Dickerson, SR/WA, R/W-RAC, GRI, Vice President, Right of Way Services