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HomeMy WebLinkAbout1996-005 1 RESOLUTION NO. 96-5 2 R~:SOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AI1ENDI1ENT TO THE AGREEI1ENT FOR PROFESSIONAL SERV" 3 ICES BETWEEN THE CITY OF SAN BERNARDINO AND DAVID EVANS AND ASSOCIATES, INC., FOR PROPERTY ACQUISITION SERVICES FOR THE EXTENSION OF ORANGE SHOW 4 ROAD FRon ARROWHEAD AVENUE TO TIPPECANOE AVENUE. BE IT RESOLVED BY THE nAYOR AND C0lll10N COUNCIL OF THE CITY OF SAN )I:.:RNARDINO AS FOLLOWS: 5 6 7 SECTION ONE. The nayor of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City, a Second Amend-. 9 ment to the Agreement for Professional Services with David Evans and 10 Associates, relating to the acquisition of property for the extension of 11 Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, a copy of 12 which is attached hereto, marked Exhibit "A" and incorporated herein by 13 reference as fully as though set forth at length. 14 SECTION TWO. The authorization to execute the above referenced 15 agreement is rescinded if the parties to the agreement fail to execute it 16 within ninety (90) days of the passage of this resolution. 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 1//11/95 -1- 96-5 ) ?/11/95 SECOND AnE~DnENT TO AGREEnENT FO~ ~ROFESSIONAL SERVICES WITH DEA --, RE: ORANGE SHOW ROAD EXTENSION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 of 19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the nayor and Common Council of the City of San Bernardino at a adjourned regul r meeting thereof, held on the 8th___day of ______~~~uary , 1996, by the following vote. to wit: COUNCIL nEnBERS: AYES NAYS ABSTAIN ABSENT ---.._-- NEGRETE X ---- CURLIN X HERNANDEZ X OBERHELlIAN X DEVLIN X --- _._--- POPE-LUDLAlI X -- lIILLER X ~- ---.--.. ~.I ,/18 ...j ': ~t..-CA'uL L.--(.4--r 12.-- RACH CLARK, CIty Clerk The foregoing resolution is hereby approved this rAt__ day January 1996, ) . / / ~\ --; f!/;~1 ,/lU1/rL TOll lIINOR, lIayor City of San Bernardino 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: JAllES F, PENlIAN, City Attorney ?}%h~ ., I~ Ir;~ -2- 96-5 12/11/95 SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES WITH DAVID EVANS AND P,sSOCIATES, INC., FOR THE EXTENSION OF ORANGE SHOW ROAD FROIl ITS CURRENT TERIlINUS AT ARROWHEAD AVENUE, EASTERLY TO TIPPECANOE AVENUE. THIS SECOND AIlENDIlENT TO THE AGREE!lENT FOR PROFESSIONAL SERVICES is made and entered into at San Bernardino, California, this /3At day of -FuNO ' 1996, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and DAVID EVANS AND ASSOCIATES, INC., a California corporation, hereinafter called "Consultant". WIT N E SSE T H: WHEREAS, City and Consultant entered into an Agreement for Profes- sional Services on April 8, 1993, engaging Consultant to acquire the neces- sary right of way for the extension of Orange Show Road; and WHEREAS, City and Consultant desire to amend said Agreement to ""thorize additional costs due to the utilization of Federal-aid Highway Funds and the resultant increase in appraisal report requirements. NOW, THEREFORE, it is mutually agreed between the parties as follows: SECTION 1. Paragraph 4A. Compensation: The "not to exceed" total of the original Agreement is hereby increased from One Hundred Sixty-Two Thousand, Four Hundred Eighty-two Dollars ($162,482) to the adjusted amount of One Hundred Ninety-five Thousand, One Hundred Thirty-two Dollars ($195,132). SECTION 2. Exhibit "1" Tasks 1, 3 and 4 are hereby amended to include the necessary title report updates, the new comprehensive appraisals as required for the use of Federal-aid Highway Funds, as well as the necessary extra time required for acquisition of the properties. SECTION 3. The compensation for the following listed tasks as shown in Exhibit "3" are adjusted as shown below, and the total compensation is shown on the attached, amended Exhibit "3". -1- EXHIBIT -A- SECOND AnENDME~T TO AGREE~E1~ WcTH DEA -- RE: ORANGE SHOW ROAD E{T~iSIO~ .96-5 Current Adjusted Amount Increase Amount -------- --.._._-~--- Task 1 - TITLE 824,244 $ 1,950 $26,194 Task 2 - APPRAISALS $36,000 $26,400 $62,400 T,isk 3 - ACQUISITION $46,496 $ 4,300 $50,796 SECTION 4. All other terms, conditions and covenants of said Agreement shall remain the same and be in full force and effect, / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ] 2/11/95 -2- <:,,,-~~,,,,~,,,,-, - ......"'C'-<.~"...~"'::"'....... ~" ..... ':":'",:,,",:,""""T',\T""- ...,-..,.,.,.~ '"'-~ , ., (' -- FE: '-:?;Y'~J: ,S~~~c;T^T :R07\D EXTENSICv 96-'-5 IN WITNESS WHEREOF, the parties heret,) have executed this First Amendment to Agreement on the date first hereinabove written, CITY OF SAN BERNARDINO DATED: / -1-1 ~ -\ ' / #' \ _ /I /?il.--~_____ Otl tlINOR, tlayor ATTEST: (?t,-,c.~,j_, Cl_4--/7i!-- R~LARK, City Clerk DAVID EVANS AND ASSOCIATES, INC. DATED:_~__ /&_::16________ By: .~~ ~ Title: 0a/ka;I1~/ ~/EOAA~~-- Title: ~,=C';I ~~ Approved as to form ,,,,d legal content: JAlIES F, PENtlAN City Attorney ~. -j .It"'~_ J?/1l/95 -3- . . 96-5 AlIENDED EXHIBIT "3" COl1PENSATION (Revised December 11, 1995) --------------------------------------------------------------------------------- TASK 1 TASK 2 TASK 3 3a 3b & c 3d TASK 4 TASK 5 TASK 6 TASK 7 TASK 8 8a 8b TASK 9 TITLE 1. For multiple parcel ownership, a charge of $100 per parcel is used rather than the per parcel rate (based on 65 parcels) 2. Report upgrade to litigation guarantee is $250 I"T report (based on 5 parcels) ESCROW LEGAL NOTICES APPRAISALS Land and Improvements (based on 65 parcels) Machinery, Equipment and Inventory ($163/hr) ($112.50/hr) Goodwill ACQUISITION (based on 65 parcels) RELOCATION ASSISTANCE ($45/hr) EXPERT WITNESS SERVICES (per schedule) INITIAL SITE ASSESSMENT FILES $ 26,194 $ 21, 938 $ 1,000 $ 62,400 $ 1,575 $ 7,875 $ 50,796 $ 3,375* $ 15,940* $ 14,451** Acquisition Files (included in Task 4 amount) (included in Task 5 amount) Relocation Assistance Files CONSULTATION WITH CITY STAFF (per schedule) (One meeting per month for 6 months - additional meetings to be at the direction of City.) $ 540 AMENDED TOTAL: $195,132 *Services to be supplied upon written direction of the City. **DEA provided an Initial Site Assessment at the above cost. 12/11/95 AtlENDED EXHIBIT "3"