HomeMy WebLinkAbout1993-097RESOLUTION NO. 93-97
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU-
TION OF AN AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) , RELATING
TO THE PROVISION OF PROFESSIONAL RIGHT-OF-WAY ACQUISITION SERVICES FOR THE
EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
The Mayor and Common Council of the City of
San
SECTION 1.
Bernardino are hereby authorized and directed to execute, on behalf of
said
City, an agreement with David Evans and Associates (DEA) , relating to the
provision of professional right-of-way acquisition services for the
extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. A
copy of said agreement is attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at length.
SECTION 2.
The agreement shall not take effect until fully
14 signed and executed by both parties, and further, DEA will not commence
15 right-of-way acquisition services until the City notifies DEA to commence
16 said services. The City shall not be obligated hereunder unless and until
17 the agreement is fully executed, and no oral agreement relating thereto
18 shall be implied or authorized.and is hereby referred to and made a part
19 hereof as fully as though set out at length herein, is hereby approved.
20
SECTION 3.
This resolution is rescinded if the parties to the
21 agreement fail to execute it within sixty (60) days of the passage of this
22 resolution.
23 / /
24 / /
25 / /
26 / /
27 / /
28 / /
03-01-93 1
r--------
, iq:S 93-"97
03-01-93
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH DEA RELATING TO PROVISION
OF-RIGHT~OF-WAY ACQUISITION SERVICES FOR EXTENSION OF ORANGE SHOW ROAD FROM
ARROWHEAD AVENUE TO TIPPECANOE AVENUE
1
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
meeting
thereof
--2tL
held
on the
day
of
reaular
--..1\...m:il
, lY93, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
COUNCIL MEMBERS
ESTRADA
---1L-
REILLY
-X_
HERNANDEZ
-X__
MAUDSLEY
_.1L-
MINOR
_x__
POPE-LUDLAM
-~-
MILLER
__1L-
R~Cit~
resolution is hereby approved this ~)
day
The
foregoing
rJ
/ .. 7? .
-~2' J ... / . /" /
w. R. H~co~b,'Mayor
City of San Bernardino
of
, 1993.
April
Approved as to form
and legal content:
James F. Penman,
City Attorney
1- -~___
2
Res 93-97
ORIGINAL
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this __________day of
__________________________, 1993, by and between the CITY OF SAN BERNARDINO,
California, a municipal corporation, hereinafter referred to as the "CITY"
and DAVID EVANS AND ASSOCIATES, INC., a California corporation, hereinafter
referred to as "CONSULTANT".
WIT N E SSE T H
WHEREAS, City desires to obtain professional services to
right of way for the extension of Orange Show Road from Washington
Tippecanoe Avenue, including crossing of the Gage Canal.
acquire
Street to
WHEREAS, in order to acquire the necessary right of way it is
necessary to retain the professional services of a qualified right of way
acquisition firm; and
WHEREAS, Consultant is qualified to provide said professional ser-
vices; and
WHEREAS, San Bernardino City Council has elected
services of Consultant upon the terms and conditions as
forth.
to engage
hereinafter
the
set
NOW, THEREFORE, it is mutually agreed as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services specified in
Services", a copy of which is attached hereto as Exhibit "1", and
ated as though set forth in full.
"Scope of
incorpor-
2. TERM OF AGREEMENT
The services of Consultant are to commence within thirty (30) days
after the City has authorized work to start by issuance of a "Notice to
Proceed". The scheduled completion dates specifically set forth in Exhibit
"2", attached hereto, and incorporated herein as though set forth in full,
will be adjusted by Consultant as the City authorizes the work. Such
adjustments shall require City approval prior to commencement of performance
of each phase. This Agreement shall expire as specified by the Exhibit "2"
schedule unless extended by written agreement of the parties.
-1-
.RES 93"97
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
3. STANDARD OF PERFORMANCE
Consultant shall complete all work in conformance with the Uniform Re-
location Assistance and Real Property Acquisition Policies Act of 1970 and
the City of San Bernardino's specifications.
4. COMPENSATION
-----.---
A. The City shall reimburse the Consultant for actual costs (includ-
ing labor costs, employee benefits, overhead, profit, and other direct and
indirect costs) incurred by the Consultant in performance of the work, in an
amount not to exceed One Hundred Sixty-two Thousand Four Hundred Eighty-two
Dollars ($162,482.00). Actual costs shall not exceed the estimated wage
rates and other costs as set forth in Exhibit "3", attached hereto, and
incorporated herein as though set forth in full.
B. Said compensation shall not be altered unless there is signifi-
cant alteration in the scope, complexity or character of the work to be
performed. Any such significant alteration shall be agreed upon in writing
by City and Consultant before commencement of performance of such signifi-
cant alteration by Consultant.
Any adjustment of the total costs of services will only be permitted
when the Consultant establishes, and City has agreed, in writing, that there
has been, or there is to be, a significant change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and,
3. Duration of work if the change from the time period specified in
the Agreement for completion of the work warrants such adjustment
C. The Consultant is required to comply with all Federal, State, and
local laws and ordinances applicable to the work, and Consultant is required
to comply with prevailing wage rates in accordance with California Labor
Code Section 1770.
5. CHANGES/EXTRA SERVIC~~
A.
made an
changes
changes
Performance of the work specified in the "Scope of Services",
obligation of Consultant under this Agreement, subject to
made subsequently upon mutual agreement of the parties. All
shall be incorporated by written amendments to this Agreement,
is
any
such
and
-2-
~s 93...,97
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
include any increase or decrease in the amount of
Consultant for the change in scope. Any change which
incorporated shall not be binding on either party.
compensation due
has not been so
B. No extra services shall be rendered by Consultant under this
Agreement unless such extra services are authorized, in writing, by City
prior to performance of such work. Authorized extra services shall be in-
voiced based on Consultant's "Schedule of Hourly Rates", dated February 19,
1993, a copy of which is attached hereto as Exhibit "4", and incorporated
herein as though set forth in full.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement
shall be submitted monthly by Consultant to City, and shall be paid by City
within twenty (20) days after receipt of same, excepting any amounts
disputed by City. Dispute over any invoiced amount shall be noticed to the
Consultant within ten (10) days of billing and a meet and confer meeting for
purposes of resolution of such dispute shall be initiated by the City within
ten (10) days of notice of such dispute. Interest of 1 1/2 percent per
month (but not exceeding the maximum rate allowable by law) will be payable
on any amounts not in dispute and not paid within thirty (30) days of tbe
the billing date, payment thereafter to be applied first to the accrued
interest, and then to the principal unpaid amount. On disputed amount,
interest shall accrue from thirty (30) days of the invoice date if the
amount in dispute is resolved in favor of tbe Consultant. All tasks as
specified in Exhibit "1" shall be completed prior to final payment.
B. Disputes shall be resolved by agreement of the parties, or upon
the failure of such agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or provision
of this Agreement, or to collect any portion of the amount payable under
this Agreement, then all litigation and collection expenses, witness fees,
and court costs, and attorney's fees shall be paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
-.----,.--
A. The Director of Public Works of the City, or his designee, shall
have the right of general supervision over all work performed by Consultant,
and shall be City's agent with respect to obtaining Consultants compliance
hereunder. No payment for any services rendered under this Agreement shall
be made without prior approval of the Director of Public Works or his
designee.
-3-
RES 93-97
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
B. The Office of the City Administrator may review and inspect the
Consultant's activities during the progress of the project.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
-----
Consultant hereby certifies that it will not discriminate against any
employee or applicant for employment because of race, color, religion, sex,
marital status, or nation origin. Consultant shall promote affirmative
action in its hiring practices and employee policies for minorities and
other designated classes in accordance with federal, state and local laws.
Such action shall include, but not be limited to, the following: recruit-
ment and recruitment advertising, employment, upgrading, and promotion. In
addition, Consultant shall not exclude from participation under this Agree-
ment and employee or applicant for employment on the basis of age, handicap,
or religion in compliance with State and Federal laws.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30)
days' written notice in the event of substantial failure of the other party
to perform in accordance with the terms of this Agreement. Each party shall
have twenty (20) days following date of such notice within which to correct
the substantial failure giving rise to such notice. In the event of
termination of this Agreement, City shall, within thirty (30) days, pay
Consultant for all the fees, charges and services performed to City's satis-
faction by Consultant, which finding of satisfaction shall not be unreason-
ably withheld. Consultant hereby covenants and agrees that upon termination
of this Agreement for any reason, Consultant will preserve and make immedi-
ately available to City, or its designated representatives, maps, notes,
correspondence or records related to work paid for by the City, and required
for its timely completion, and to fully cooperate with City so that the work
to be accomplished under this Agreement may continue within forty-five (45)
days of termination. Any subsequent use of such incomplete documents shall
be at the sole risk of the City, and the City agrees to hold harmless and
indemnify Consultant from any claims, losses, costs, including Attorney's
fees, and liability arising out of such use. Consultant shall be compen-
sated for such service in accordance with Exhibit "4".
B. This Agreement may be terminated for the convenience
upon thirty (30) days written notice to Consultant. Upon
Consultant shall provide work product to City, and City shall
Consultant in the manner set forth above.
of the City
such notice
compensate
C. Following the effective date of termination of this Agreement
pursuant to this section, the Agreement shall continue until all obligations
arising from such termination are satisfied.
-4-
.RES 93-97
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
10. (;ONTINGENj:1J:13
In the event that, due to causes beyond the control of , and without the
fault or negligence of Consultant, Consultant fails to meet any of its obli-
gations under this Agreement, and such failure shall not constitute a de-
fault in performance, and the City may grant to Consultant such extensions
of time and make other arrangements or additions, excepting any increase in
payment, as may be reasonable under the circumstances. Increases in payment
shall be made only under the "changes" provision of this Agreement.
Consultant shall notify City within three (3) days in writing when it
becomes aware of any event or circumstance for which it claims, or may
claim an extension.
11. INDEPENDENT CONTRACTOR
Consultant shall act as an independent contractor in the performance
of the services provided for under this Agreement. Consultant shall furnish
such services in its own manner and in no respect shall it be considered an
agent or employee of City.
12. ASSIGNMENT OR SUBCONTRACTING
_._--,..__._~~-~~-,~-
Neither this Agreement, nor any portion thereof, may be assigned by
Consultant without the written consent of City. Any attempt by Consultant
to assign or subcontract any performance of this Agreement without the
written consent of the City shall be null and void and shall constitute a
breach of this Agreement. Exhibit "5" lists the subcontractors who have
been submitted by Contractor to City and approved for use by Contractor.
All subcontracts exceeding ten thousand dollars ($10,000.00) shall contain
all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing
and addressed to the following representatives of Contractor and City:
CONSULTANT
CITY
Robert E. Davis, Project Manager
David Evans and Associates, Inc.
1700 Iowa Avenue, Suite 230
Riverside, CA 92507
(909) 686-6644,
fax: (909) 686-2916
Roger G. Hardgrave, Director of
Public Works/City Engineer
300 North "D" Street
San Bernardino, CA 92418
(909) 384-5025
fax: (909) 384-5463
-5-
RES 93-97
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
14. RESPONSIBILITIES OF PARTIES
A. The Consultant may reasonably rely upon the accuracy of data pro-
vided through the City or its agents without independent evaluation.
B. All tracings, survey notes, and other original documents are in-
struments of service and shall remain the property of Consultant except
where by law, precedent, or agreement these documents become public
property. All such documents or records shall be made accessible to City.
Consultant shall maintain all records for inspection by the City, State, or
their duly authorized representatives for a period of three (3) years after
final payment.
15. ACQUISITION COSTS ESTIMATES
Any opinion of the Acquisition Cost prepared by Consultant represents
his judgment as a design professional and is supplied for the general
guidance of the City. Since Consultant has no control over market
conditions or legal challenge, Consultant does not guarantee the accuracy of
such opinions as compared to actual cost to the City.
16. COVENANT AGAINST CONTINGENT FEE
--.------
Consultant warrants that no person or selling agency has been employed
or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Consultant for the purpose of securing business.
For breach or violation of this warranty, City shall have the right to
terminate this Agreement in accordance with the clause permitting termi-
nation for cause and, at its sole discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
17. HOLD HARMLESS CLAUSE
A. Consultant hereby agrees to hold City, its elective and appoint-
ive boards, officers, and employees, harmless from any liability for damage
or claims for damage for personal injury including death, as well as from
claims for property damage, which may arise from Consultant's negligent
acts, errors or omissions under this Agreement.
B.
City, its
expenses,
Consultant shall indemnify, defend and hold free
officers and its employees from all claims,
and liabi 1 i ty, incl uding, but not 1 imi ted to
and harmless the
damages, costs,
attorney's fees
-6-
RES 93:-97
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
imposed upon them for any alleged infringement of patent rights or copy-
rights of any person or persons in consequence of the use by City, its
officers, employees, agents and other duly authorized representatives, of
programs or processes supplied to City by Consultant under this Agreement.
18. INDEMNITY
Consultant shall indemnify, defend, and hold harmless City from and
against any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including attorney's
fees) and liabilities, of, by, or with respect to third parties, which arise
solely from Consultant's negllgent performance of services under this
Agreement. Consultant shall not be responsible for, and City shall
indemnify, defend and hold harmless Consultant from and against, any and all
claims, demands, suits, actions, proceedings, judgments, losses, damages,
injuries, penalties, costs, expenses (including attorney's fees) and
liabilities of, by or with respect to third parties, which arise solely from
the City's negligence. with respect to any and all claims, demands, sUlts,
actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of , by or with
respect to third parties, which arise from the joint or concurrent
negligence of Consultant and City, each party shall assume responsibility in
proportion to the degree of its respective fault.
19. LIABILITY INSURANCE
A. Consultant's liability insurance for injury or damage to persons
or property arising out of work for which legal liability may be found to
rest upon Consultant other than for professional errors and omissions, shall
be a minimum of $1,000,000. For any damage on account of any error,
omission or other professional negligence Consultant's insurance, shall be
limited in a sum not to exceed $50,000 or Consultant's fee, whichever is
greater.
B. The City will require the Consultant to provide Workers' Compen-
sation and comprehensive general liability insurance, including completed
operations and contractual liability, with coverage sufficient to insure the
the Consultant's indemnity, as above required; and, such insurance will
include the City, the Consultant, their consultants, and each of their
officers, agents and employees as additional insureds.
C.
policy of
insured to
Consultant shall provide evidence of insurance in the form of a
insurance, in which the City is named as an additional named
the extent of the coverage required by this Agreement.
-7-
RES 93~97
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
20. VALIDITY
---
Should any provision herein be found or deemed to be invalid, this
Agreement shall be construed as not containing such provision, and all other
provisions which are otherwise lawful shall remain in full force and effect,
and to this end the provisions of this Agreement are declared to be
severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between
the parties hereto and supersedes all prior and contemporaneous negotiat-
ions, representations, understandings and agreements, whether written or
oral, with respect to the subject matter thereof. This Agreement may be
amended only by written instrument signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed on the date written above by their duly authorized officers on
their behalf.
DAVID EVANS AND ASSOCIATES, INC.
a California corporation
bY:~~~~__________
Thomas J. Gfo~~ey, P.~Associate
byg,d~ M.("J~
Robett E. Davis, Project Manager
~
City Clerk
-~ ./
----- ~--------
Mayor
ATTEST:
CITY OF SAN BERNARDINO,
a municipal corporati
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
by:
~~--~
-8-
RES 93-97
EXHmIT "1"
SCOPE OF SERVICES
The DEA team will perform all services described in this scope of work in a timely and
cost efficient manner.
TASK 1:
TASK 2:
TASK 3:
TASK 4:
TASK 5:
TITLE AND ESCROW
DEA will provide a preliminary title report and Schedule B documents for
each assessor parcel to be acquired. The preliminary title report will be
upgraded to a litigation guarantee, as directed by the City. Each parcel
acquired will be processed through an escrow and the necessary
documents will be recorded at the county recorder's office.
LEGAL NOTICES
DEA will prepare all legal notices and other written communications to
property owners. These notices will include but will not be limited to:
a. Notice of decision to appraise;
b. Preparation of booklet to owners describing the proposed project
and the acquisition process in English and Spanish;
c. Preparation of relocation assistance questionnaire in English and
Spanish;
d. Preparation of booklet describing relocation assistance benefits for
business, farm, and non-profit;
e. Preparation of booklet describing relocation assistance benefits for
residential owners.
f. Preparation of notice of intent to condemn; and
g. Preparation of 30 and 90 day notices.
APPRAISALS
The DEA team will provide the following appraisals for each parcel:
a. Land and improvements;
b. Machinery and equipment, as directed by the City;
c. Inventory, as directed by the City; and
d. Goodwill, as required.
ACQUISITION
DEA will prepare the required documentation and conduct right-of-way
acquisitions of each parcel required for the project. A minimum of three
documented personal calls will be made for each parcel.
RELOCATION ASSISTANCE
DEA will have proper, thorough, and complete relocation assistance
conducted for every parcel requiring this service.
RES 93-97
TASK 6:
TASK 7:
TASK 8:
EXPERT WITNESS SERVICES
The project team will furnish expert witness services for any case of
eminent domain proceeding.
INITIAL SITE ASSESSMENT
DEA will furnish an Initial Site Assessment (ISA) as directed by the City
for any site suspected of being contaminated with hazardous materials.
The ISA will be reflected in the appraisal of all parcels speculated as
being contaminated with hazardous material.
FILES
The team will provide the City of San Bernardino with complete files
containing:
a. Acquisition Files
1. f\ diary,
2. Appropriate appraisals,
3. Legal descriptions of areas taken and remaining,
4. Plat maps,
5. Notices,
6. Correspondences,
7. Preliminary or litigation title reports,
8. Right-of-way summary statement,
9. Summary statement relating to the purchase of real
property,
10. Acquisition contract,
11. Escrow Instructions,
12. Memorandum of settlement,
13. Recorded deed,
14. Policy of title insurance,
and any other documents pertinent to that individual file.
A separate complete file for relocation assistance will contain:
b. Relocation Assistance Files
1. A diary,
2. RAP Questionnaire,
3. Notice of eligibility,
4. Certificate of Occupancy,
5. Business Relocation Survey, when required,
6. First written offer,
7. Date escrow closed,
8. Date claimant moved,
RES 93-97
TASK 9:
9. Date of first RAP call,
10. Required notifications,
11. Calculations for eligibility payments and all other
determining calculations,
12 Date for payment of claims,
13. Notification of the right of appeal,
14. RAP tickler file,
15. Notice of intent to acquire,
16. Business self move agreement (when required),
17. Claim for actual moving expense (when required),
18. Notice of in-lieu payment (when required).
19. Relocation Cost Summary
CONSULTATION WITH CITY STAFF
DEA will consult with City staff once a month for six months for updates
on project progress, concerns, challenges, and accomplishments.
Additional meetings will be at the direction of City staff
RES 93'-97
....Oz
0>-::>:
w>-w
uzo
-wz
>->-0
~~u
~~~
20--,
t::Vl""
o"'u
:il~
Vl.
I.
>-.
~.
O.
::;.
...,.
'" Vl
w >-w
~tt~zw
~O~~~
(/)z WlLJ
W~C...J....J
g:E~~O
'" Z>-
;0: W
::s Vl
.... >-",
1-u...a..ZW
ZOc:iWZ
~ ~~
W~O....JO
g:~~i=~
- Z~
~ w
~ VI;O:
0: Wo
'" U",
W;~~
We3CCW
ZU~b:
w uo
a. z--'
o wU
ollIti
~~~h
~~~::;~
a::o..(/)O::
~W~
wz~
",OZ
<EW
a.VI'"
w-::>
",::>U
0.00
<0
Vl.
I'
>- .
z.
O'
::>:.
w
Vl
~
a.
a.
<
...,.
u..~l.&.J
o Vl
w5~
'-'Vie...
""-a.
~~<
o
ci
::>::
_ Vl
Vl _ z
a. Vl 0
<w~viF
~....JOa..o..
w~~:i5
!Q '" Vl
lD W
o
Vl !Zo
::> W>-
8~:l1-2"
~<~s~
~Wa::Z
VlWW
~'"
N'
:r:
~:
O.
::>::
Vl.
~:
O.
::>:.
N.
EXHmIT "1"
_t::
Vl
>-0
Vla.
WW
::>0
8",
"'2
t::a.
Vio
wO
=~
....
>-
5
VI
>-
VI
W
::>
o
W
'"
z
2--, z>-
~<lJiZQ~>-
<2-<:1-
a..~~1- ~
Ww cc.......
a::oft:OF=:>
o..z< ~Cl
o
u
5 j?::
s"-~
-'Ow
o u
Vl W
~ Z
-'
~~
-'~
~'"
N
-'
~~
--'~
tii'"
-
~t~
'000
0::>: ::>:
Ow
050
Vl.
~:
o.
::>::
N:
VI'"
00 --'
I-i= ;;:
VlUClO
WW~::>:
ceo. W
!:2~ '"
j?::o
",w
w!:;(
a.u
0<
g:>
I.
>-.
z.
O.
::>::
.
w
....u
OZ
<
>->-
_Vl
"'-
;o:~
<
w
u
~~
Vl
~
W
>- U
Vl --' Z
W<<
::> 0 >-
aw~
W-'Vl
'" VI
<
~.
O.
::>::
o
>-w
w!<,
Uu
5~
z
W
U
~~
Vl
!Q
Vl.
~.
o'
::>::
...,.
d:
::>:.
. oll-,
~~~;lt3
(iO- F
W~~~~
Vl=>~ll.a..
VlOO
u
-'
0-
Z
-0:
Z
W
0-
.0
WZ
Z-o:
o
0::
"-w
OZ
z3
00
;::0-
-Z
~-o:
:::>0::
a!::
uu
-0:-"
-0:
wu
:1:W
,....C<
0::-0:
o
"-:1:
0-
>--
-0:3
3wf
Iu
"-Z'
o YJ!
I 0'
,.... -,
:I: (/}I
t::)W!
_O:::!
0:: 1
>-
>- -"I
CD ~i
Vl <I
z"-I
Ow,
- -"'
0<':>[
-o:Z,
Vii
>-
0::
-0:0
tIlW
tile;:
w:::>
Uu
Wu
Zo
0-
Z
-0:
Z
W
0-
~~
;:;
=::
93-9
.... '.
..
....02 "'2
0"'2 ~~"'~
"'t;'"
u_o '000
>=~a <'>2 2
g~u 0",
<60
Ill"
~:
o.
::I:
....:
:;;!;;i ..t:: ",Z
'"
...0 00 ::l
2 '" ~~ >
02.... ",0..
_05 ",,,, ",,(.)00
...'" :::>0 "''''~::I
cffi a", eno.. '"
S!o.. "'0 ~;g '"
"'....
....
....
e>: '"
... ...'"
....t::~z~ :t:: =0.. 1::0
ZO WV1 !Z: ~o "'~
... 2'"
v1.... ww o. ",0 ~<S
t;!LjO=.... ::I:
o..t::~;::o - =~ ~:5
a: z..... .... 0..
~ '" i=:
z.
0:
::I.
e>: "'~ z -.
'" ~ ...
:: ....r:r 0 "'0 5 ~~;;izal:: '" '"
-....9(ZloW e>: ~'" '" ....u u
;:soa:~= ua:~u 0= ~~
"'~ '" - zll><-~ 00(
Vl_ w~ ... en'" II> o..~~.....,< --
u.Jw==o _cj:::fw ... Ww me -II>
:::> g:o~oi=::) e>:-
::tt=<~o - :>'" ~II> Vl
... uo a z ~c.:> ~
a: ~.... 0.. _.... ... 0 ~
~ ... o wu e>: u
....
.... ....
..
oll I:; '" 5 I:: ...
"'", - ... u
1:;- Vl
3:~~u:..... i:j:tW 5~~ ::J;;i:i
~II>CDoo(:::> Vt~oW
~<":;;! t::wa:~ ""0... :><.>-
o u o....,~
a: a.. Vi a: > O<....~ II> ... "'''''11>
0.....< - ... - e>: II>
< .... II> e>: - 00(
-.
. ....
z.
o.
~ ::E:
-.
o-'~ ",. .... 0 '"
... ~.... ~: ~~ ...", u
'" ~~
~ ii'''' t!3
....o~ O. ....G';
0.. ~go.. ::E: ~'" g~ II>
0..
00( I OCl~ N' '" :z: ~
....
t
l.I..~w >.....~.:dV) .... "'.
o II> a:ZOtf)~ ~~ :r.
",a~ ww....Ztf) ~:
..2Zo~
~Vio.. :ro..~- ....G'; O.
C5u!i( ~g_oo.. tne>: ::I:
z~ "'oll~!i( - ..-,.
..
....
....
vi II> '" !ZO . oll....
:z:
~ vi 0 :::> ",'" ~!:2s::;;!~
~Q:vtt g~~=~ d:
::E. 030>=
... o~- ~~~h "'~o.."'~
w!:CL. 5 -.
'" '" '" ",,,,,,, VJ~2o..Q.
~ '" <oJ ~S:.. "'00
0 u
....
ExHIBIT "2"
RES
...,.
.....
o
w
Z
o
~
-
0:;-
-~
....
Vl
::l-
o
u",
<~
~:
...... -<
~L
l...
0::",
o
.....<
~:
O.
::;::
r-
<-
3'=
I>
.....r
0....
lc::
.........
=:c...
<.:>c
ii:'"
c...
r
CDV'
V'
Vl.....
ZZ
0;:(;
~=
uC:O
<(
rC
o::~
<(c...
Vl=
VlU
wu
uo
w
z.....
"-
V'
Vl
.....
...,.
=l:
::.
N.
RES 93~97
EXHmlT "2"
~
"'0% I _I:
o....~ VI
w....w ....0
uz,C VI 0..
WW
~~~ ::>0
g;:u 80:
o:e
~~VI :::: 1:0..
Qo:j !Z: iilo
'=V)< Q.
oO:u ::E: wO
OW =~
<0.. - ...
J: VI): I:
0: o Wo %
~~lX'~ 0: uo: ::> ",g~ zl
~~~~ VI /:0
::;::~~i .... !li~ zo 0:
I.AJ-",o W-,I:DWJ VI o..~~:!:~ 0:"-'
o:a:o %(,,)~~ W ::E. ~3
0..3= 0 ::> WUJ CD~
- W uo 0 g:o~o~~ -. o:~
0.. %-' w S :::AI:.'
... o wU a: 0..
...... U
...
. ....
oll~w ..
~~gj~~ :z /:
0
'" -
~~~ ~ ::IL...~
-'Ow
a::a..t::ia::> o u
~"'~ VI W
W ;:
0:
I W VI' -'
VI ;::: ~~ .oll...
~ z. O. ~~!Z:;/~
0.. O. -'~ ::E:
~ ::E: @o: "'~~S!~
N' N Vl~::l'4.Q..
Vlso
"'-~....,
o VI -'
"'s~ ~~
~Via.. -'~
OU~
Z'" :;;0:
0 -
..
....
. VI VI ....0
tn _ =
~ VI 0 ::> is....~
~~vi';:: g~:Zca:
o~o.. ~ VI::EW
w;::a..::f~ J:f:30:!Z
!:2 W u
0: VI VI"''''
o:l W !:2~
0
'.
...,
z
o
;2
~
u..
o
z
o
I- -
Vi 3:
30
0....
u_
<(:<
<oJe::
-....
t::C
e::<
OC
u..W
co:
~<
>-
1-
u..t:::
o=:
I
....-
~W
-c
~'"
"'<
0-
>-
IDe
w
Vl>
Zo
Oe::
;:::CL
u:::'
oCt::
..,
!Q
::;
;::"
..,
>-
e::
<(
Vl
Vl
...,
U
...,
Z
:"
::::
N.
RES 93'"'97
EXHmIT "3"
COMPENSATION
(RtTiIed FebNary I', .993)
Effective Through July 31, 1993
TASK 1
TASK 2
TASK 3
3a
3b&c
3d
TASK 4
TASKS
TASK 6
TASK 7
TASK 8
8a
8b
TASK 9
TITLE
Note I: For multiple parcel ownership, a charge of $100.00 per
parcel is used rather than the par parcel rale (includes
Schedule B documents). (Based on 6S parcels.)
NOle 2: Report upgrade 10 litigation guaranlee is $250.00 per
repon. (Based on S parcels.)
ESCROW (Based on 6S parcels.)
LEGAL NOTICES
APPRAISALS
Land and Improvements (Based on 6S parcels.)
Machinery, Equipment and Inventory
Goodwill
ACQUlsmON (Based on 6S parcels.)
RELOCATION ASSISTANCE
EXPERT WITNESS SERVICES (per schedule)
INITIAL SITE ASSESSMEIIl'T
FILES
Acquisition Files
Relocation Assistance Files
CONSULTATION wrm CITY STAFF (per schedule)
(One mCCling a month (or 6 monw.
Additional meetings to be al the direction of City.)
.Services to be supplied upon written direction of the City.
$ 24,244.00
S 21,938.00
S 1.000.00
S36.000.00
SI63.00lhr
S 1.575.00
S112.50/hr
S 7.875.00
S 46,496.00
$45.00lhr
S 3.375.00'
SI5,94O.00'
S 3.500.00'
(Included in Task 4 Amount)
(Included in Task 5 Amount)
S 540.00
RES 93...,97
EXHmIT "4"
SCHEDULE OF HOURLY RATES
Rates effective Through July 31, 1993
OFFICE:
Principal/Director
$ 105.00
Senior Project Manager
95.00
Project ManagerlSenior Right-of-Way Agent
90.00
Professional EngineerlProject Manager
85.00
Hazardous Waste Engineer
85.00
Professional Land Surveyor
85.00
Senior Planner/Environmental Analyst
75.00
EngineerlInspector
70.00
Landscape Architect
60.00
Technician/Researcher
55.00
Senior DrafterlCADD Operator
50.00
PlanninglEnvironmental Staff
50.00
Relocation Assistance Agent
45.00
Drafter
45.00
Delivery/Clerical
35.00
Note: Authorized overtime will be charged at 1.5 times the above rate.
FIELD:
2-Person Survey Crew
135.00
3-Person Survey Crew
190.00
Note: Per union agreement, there is a 4.0 hour minimum charge for survey work and
an 8.0 hour minimum for any time over 4.0 hours.
RES 93.,-97
COURT APPEARANCE COST
Expert Witness Services
Appraisal - Land and Improvements
Mr. Petros Berhane
Mr. John Donahue
Appraisal - Goodwill
Mr. Dave Girbovan, ASA
Appraisal - Machinery, Equipment and Inventory
Mr. Jeffrey A. Donahue, ASA
Acquisition
Mr. Robert E. Davis
Relocation Assistance
Ms. Vila Orduno
180.00/hr
pre-trial 270.00/hr
trial 338.00/hr
197.00/hr
pre-trial 163.00/hr
trial 2l4.00/hr
175.00/hr
l4!.OO/hr
.
RES 93""9.7
EXHmIT "5"
PROJECT TEAM
David Evans and Associates, Inc. (DEA) has assemble a qualified team of professionals
for this project.
Proiect Manaeement
Robert E. Davis will serve as project manager for our team. Mr. Davis will assure that
all activities related to the appraisal and acquisition of the properties adhere to all federal
and state laws, including the Uniform Relocation Act. He has 24 years of experience
appraising and acquiring right-of-way for Caltrans. He has been trained by Caltrans,
FHW A, and professional organizations including International Right-of-Way Association.
Mr. Davis began work in right-of-way in 1968. He has witnessed its expansion, its
numerous federal and state interpretations, and its modifications through the present. All
of his acquisitions, which involved hundreds of files and millions of dollars, have
conformed to federal policy and have qualified for federal participation.
Prior to Mr. Davis' employment with DEA, as an individual consultant, he was selected
by the San Bernardino City Unified School District as the right-of-way manager for their
fifth comprehensive high school project. This project is slightly larger in scope than the
Orange Show Road Extension project.
During his 23 years with Caltrans Right-of-Way, Mr. Davis negotiated acquisition of
hundreds of properties for the agency. One hundred percent of these acquisitions were
subject to the Uniform Relocation Act and his work conformed to these provisions. Mr.
Davis administered other activities required by the Act. He interviewed families to be
displaced by public projects, computed relocation benefits, and assisted families in
relocation.
Rieht-of-Wav Acquisition
Chuck Figgins, a DEA employee, will fulfill the requirement of having California
Department of Real Estate Broker's License. The number is 00521271 and the expiration
date is January 16, 1994. He obtained his license in January of 1986 and is currently
the co-owner of Figgins Realtors, Inc. in Redlands. Mr. Figgins will oversee the right-
of-way acquisition to ensure that all of the acquisition complies with the conditions of
Business and Professions Code Sections 10130, 10131, and 10132.
Title and Escrow
Chicago Title will be responsible for providing preliminary title reports, litigation
guarantees, when needed, and the required escrows for transfer of title to the City of San
Bernardino.
RES 93-97
Chicago Title was formed in 1847 and is the largest title insurance company in the
world. They have maintained a presence in San Bernardino for over 75 years. They are
widely recognized as a pillar in the title and escrow industry. They are continuing to
work on Caltrans projects in San Bernardino County. Their team on this project consists
of Brian Morrissey, John Giancola, Bob Reid, Don DeBevits, and Harlin Johnson.
Brian Morrissey, Assistant V.P. for commercial and industrial projects, is the point man
for the company which has been qualified by the San Bernardino City Unified School
District through the Small Business Exchange program. John Giancola is the major
accounts manager and has 21 years of experience. Bob Reid is the advisory title office
on the project and has 30 years of experience. Don DeBevits is the area underwriter and
possesses 32 years of experience in title insurance. Harlin Johnson will be the chief title
engineer with 34 years of experience. Chicago Title has been approved and certified by
the State of California as a participant in the minority and women-owned business
enterprise program.
Appraisers
D EA will use the services of three appraisers for this project. The appraisers on this
project will be responsible for providing appraisals to establish the fair market value for
every parcel to be acquired for the project. Business goodwill appraisals are required
to determine the Loss of Goodwill as required under the California Code of Civil
Procedures ~ 1263.510 (eminent domain sections). An inventory, machinery, and
equipment appraisal is necessary for two reasons. First, it will determine the contents
of the premises for purchase should that be necessary and two, it will determine the
economics and practicality of moving the contents of the premises. It can also be used
should relocation become the option of choice.
For Land and Improvements, we have chosen Berhane & Associates, Berhane &
Associates is a minority-owned business enterprise (MBE) operated by Petros Berhane,
Mr. Berhane has been a senior appraiser associated with Donahue & Company since
1985. He has a very broad list of client references including cities, counties, and
Caltrans. His corporate clients include Atlantic Richfield (ARCO), Carl Karcher
Enterprises, General Motors, Santa Fe Railroad, and Pacific Telesis (PacTel). He has
worked on similar transportation widening projects including the Limonite Grade
Separation at Van Buren in Riverside and the 1-10 Freeway at Orange Street in Redlands.
For Business Goodwill, we have retained IntegraTech. This firm, consisting of Dave
Girbovan and Patricia Farmer-Cartwright, has appraised businesses for Caltrans
Districts 7, 8, 11, and 12 as well as many cities and redevelopment agencies throughout
the state of California. The business they have appraised range from small "mom and
pop" concerns to Fortune 500 companies.
For the Inventory, Machinery and Equipment appraisals, we have selected the firm of
Jeffrey Donahue & Associates. As principal appraiser of the firm, Jeffrey Donahue,
ASA can provide appraisals for all types of tangible business assets. He has prepared
appraisals for property settlements and tax information, and is a specialist
in acquisitions and condemnations.
RES 9.3-97
Hazardous Waste Evaluation
A hazardous waste evaluation of the properties being acquired is not only reasonable but
prudent for the City. The Phase I environmental assessment will result in a report of
findings from an inspection of the property and recommendations for performing further
investigations for contamination, environmental or special resource value concerns.
DEA is fortunate to have an environmental engineer on staff, Elliot Zais, P.E., PhD.
Dr. Zais has evaluated contaminated soils in several states requiring site assessment and
remedial action. In addition to having written several published articles, he is a
registered engineer in California, Oregon, Washington, Nevada, and Texas. He has
developed courses and seminars, taught engineering courses at the university level,
performed research, and ran a geothermal company for six years.
For this project, Dr. Zais will prepare a Phase I environmental assessment on the
property at 787 Pioneer and any other property suspected of being contaminated.
Relocation Assistance
DEA will utilize the services of Vila Orduno Relocation Assistance to provide
relocation assistance on this project. Ms. Orduno will be responsible for the relocation
of all personal property within the project limits including the Church of the Holy Spirit
and the Seven Seas located at 787 Pioneer Street, the San Bernardino Church of God and
the AT&T facility. Ms. Orduno is eminently qualified for this task by virtue of having
worked with nearly identical businesses in recent years. She presently administers the
Los Angeles Unified School District's Relocation Program. This program, covering the
broadest spectrum of relocation requirements, has involved over 60 projects since 1987.
Ms. Orduno is currently conducting an on-going training program and relocation program
audit with the goal of establishing an in-house relocation staff. She also acts as bilingual
(English-Spanish) technical person for the school district.