Loading...
HomeMy WebLinkAbout1991-465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOWTI ON NO '__ 21,,_4Q5.______ RESOLUTION OF TilE CITY OF SAN BERNARDINO AUTHORIZING TilE EXECUTION OF AN AGREEMENT WITIl REALCO CONSULTANTS RELATING TO PROVIDING RIGHT OF WAY ACQUISITION SERVICES AND FOR APPRAISAL SERVICES FOR THE TIPPECANOE AVENUE WIDENING PROJECT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TilE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The ~layor is hereby authorized and directed to execute on behalf of said City an Agreement for Right of Way Acquisition Services and an Agreement for Appraisal Services with RenlcD Consultants for providing right of way services and appraisaJ servlces for the Tippecanoe Avenue widening project. copies of which are aU ached hereto mnrked Exhibits "A" ilnd "B" respectively., and incorporated herein by reference as tully as though set forth at length. SECT [ON 2. This f'esolution 1s rescinded if the parti.es to the Agreements tor right ot Wi"lj.i dcquisi ti on services and for aPlwaisal serv-i ces fail to exec\rte \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ them within sixty (60) days of the passage of this resolutiun. 25 26 27 28 lO-:W-91 \":~,'30. /\C"r'I-:l0V.'"j',':\C ~l::\'r\t. rTn\ ;,\T," ACv-~'. :X '1'1~'~'~ ;dGriT OF \\,1) :;UiVICE,;. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ('; - ';"A'(":-3 _PE.;.,A'":'! \C; 'II-" I HEllEllY CEIiTIFY t1Jill tb" lor"going resolution WdS duly adopted by the m"eting tbereoj. held on the ..__.l8tll_ t1dyor (lnd Comm011 COHncil ot the City' of San Bernardino at a _I:eg.u.~ax:~___~_~ following vote, to wit: day of __ _.. Jil9'yeml>~'!:._~.._ _, ] <)') 1, by th" Council Members: AYES NAYS ABSTAIN --'~'~-'------"'-~~-------'---'----'---'-----'------'--,. ESTRADA __JL__ RE [LLY x -----~- HERNANDEZ _--..--X~__ MAIJDSLEY ..__K_ __ MINOR .__x____ POPE-LUDLAM MILLER _J____ ABSENT __.X-__ ~~k~- The foregoing resolution is hereby approved this _---1!9vemQ.~:.:.___ 1991. Approved as to form and legal content: JAMES F. PENMAN, City Attorney It . /) By: t-,}",..J~?]' r C- j;L-- a-t,,- __. _______~~__..__n_ 25 26 27 28 10-28-91 day of 2 City Res. No. 91-465 PROFESSIONAL SERVICES AGREEMENT (Tippecanoe Avenue Widening Project) THIS AGREEf~ENT is made and entered into thi s_-1.!:!.!.!L_.Qay of ~f.:t2.Q.~!:._____, 1991, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City", and REALCO CONSULTANTS, located at 11919 Ivy Lane, f'1oreno Valley, California 92557, hereinafter referred to as "Contractor", with reference to the following facts: A. The City desires to obtain the services of a professional real property/right of way acquisition consultant relating to the acquisition of certain real property for the planned widening and improvement of Tippecanoe Avenue between Hardt Street and Laurel- wood Drive within the City of San Bernardino, California. B. The Contractor is qualified to furnish such professional real property acquisition services. NOW THEREFORE, the City agrees to retain and does hereby re- tain Contractor and Contractor agrees to provide professional services required according to the terms and conditions as fol- lows: 1. The Contractor shall furnish professional real property acquisition services to acquire approximately eighteen (18) strip-of-land portions of larger parcels of real property (to be specified and designated in number and locations by City) along the easterly side of Tippecanoe Avenue between Hardt Street and Laurelwood Drive in the City of San Bernardino, it being understood that such portions of real property to be acquired now adjoin the existing Tippecanoe Avenue frontages of said -1- . ' larger parcels and that such portions to be acquired shall be of relatively minimal width and shall not include any usable structures located upon the larger parcels of real property, except for minor fixtures and landscaping, if any, and that such acquisition services shall consist of performance of the following tasks and functions: A. Prepare and transmit the initial appraisal/acquisition notice letters to each affected property owner in full compliance with the Government Code and the California Administrative Code. Notices to contain full prescribed disclosures and to be accompanied by brochure describing real property acquisition procedures and by "Owner's In- formation Sheet" to enhance subsequent contact. B. Arrange for the furnishing of new preliminary title re- ports on all parcels to be acquired C. When first available, provide full, formal review of the acquisition appraisal containing conclusions of just compensation for the right of way parcels to be acquired. Review shall be thorough and shall result in a written recommendation for appraisal's use as an "approved ap- praisal". D. Upon City approval of appraisal, prepare all parcel con- veyancing documents, parcel descriptions, or parcel de- scription revisions, if necessary, formal letter-form written offers for each parcel to be acquired, and re- quired statements of just compensation and appraisal summary statements to be transmitted or delivered at -2- the initiation of acquisition negotiations. E. Negoti ate wi th each property owner in order to secure agreement for parcel acquisition. Negotiations to be conducted in person wherever reasonably possible and/or practicable. All reasonable attempts shall be made to secure required parcels by negotiation and mutual agree- ments. F. Upon agreement and execution, transmit all completed con- veyancing documents and, if applicable, right of way agreements to City, along with recommendations for ac- ceptance and further processing. G. vihere agreement cannot be reached after all reasonable negotiation efforts have been expended, furnish City with a report to that effect on a parcel-by-parcel basis, citing the apparent reasons therefor and furnishing re- commendations for further disposition. H. Upon approval of a parcel acquisition, and where neces- sary because of condition of title. prepare all necessary documents for lien and/or encumbrance clearance and con- tact 1 ienholders/encumbrancers to secure necessary 1 ien and/or encumbrance releases. 1. When title is in a satisfactory condition to close. pre- pare written recording/closing instructions to title company, along with instructions for issuance of title insurance policies, where title insurance is deemed re- quired. J. When title company has recorded title document(s) and -3- title insurance is thereby guaranteed, immediately notify City for release and transmittal of approved purchase consideration to owner(s). K. Upon receipt of issued title insurance policies from title company, review policies for completeness and accuracy and transmit acceptable policies to City, along with recommendations for ultimate filing and storage. L. Make available the principal of REALCO CONSULTANTS at all times, upon reasonable notice, for conference and consul- tation with City staff in connection with the status and conduct of the acquisition procedures. Also assure that all acquisition project procedures are continuously moni- tored by principal to assure professional, satisfactory, and timely completion. ~1. Furnish acquisition status reports at such times and at such intervals as desired by City. 2. Performance of all servi ces to be provi ded by Contractor pursuant hereto shall be coordinated with and all documentation to be furnished by Contractor pursuant hereto shall be delivered to Mr. Roger G. Hardgrave, Director of Public Works/City Engineer of the City of San Bernardi no, 300 North "D" Street, San Bernar- dino, California 92418, which services and documentation shall be subject to his approval, which approval shall not be unreason- ably withheld. It is expressly understood that the professional services to be furnished by Contractor hereunder shall be limited to the negotiation, acquisition, and related incidental ser- vices hereinabove specified and that such services shall not -4- include preparation of any documentation for nor performance of any liaison services with legal counsel for City in the event that the real property acquisitons provided for herein cannot be reasonably completed without the initiation of eminent domain proceedings or of any preliminary procedures incidental thereto. In the event that any services incidental to eminent domain assistance and/or liaison are later desired to be performed by Contractor, such additional services shall be the subject of future, additional negotiation and agreement between City and Contractor. 3. It is expressly understood and agreed that Contractor shall direct an invoice to City at the first of each calendar month coveri ng all servi ces performed hereunder duri ng the pre- ceding calendar month and that fees represented by such invoice shall be paid by City to Contractor within 30 calendar days following receipt of such invoice by the Director of Publ ic Works/City Engineer, unless amendment of such invoice is reason- ably required by City and the need for such amendment is communi- cated to Contractor within such time as is reasonably needed to permit proper amendment of such invoice by Contractor and resubmission to City within said 30-day period. 4. The Contractor shall perform such professional real pro- perty acquisition services for a total fee to be based strictly upon the actual amounts of time and materials expended and uti- lized, but not to exceed an average per-parcel fee of $1,575.00 for each separately assessed parcel of real property specified by sa i d Di rector of Pub 1 i c Works/City Engi neer to be acqu ired -5- by Contractor on behalf of City. For the purpose of this Agree- ment, any off-site right of way parcel required for the project (e.g., right of entry for driveway or yard adjustment or easement for utility relocation, embankment or excavation slope, or drainage, etc..) shall be considered a separate parcel if such off-site parcel involves a separate ownership where actual high- way right of way is not also to be acquired. Any off-site right of way parcel required from an ownership which also involves acquisition of an actual highway right of way parcel shall be cons i dered one-ha 1 f of a separate parce 1. The above average per-parcel fee shall cover all labor and materials required to accomplish completion of the services to be performed here- under, except fees for required title report/title insurance services, which shall be the responsibility of City. 5. If applicable, the Contractor shall carry the insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. Upon request, following execution of this Agreement, the Contractor shall file with the City a certificate stating that such insurance either is in effect or that the Contractor has no employees and acknowledging that if Contractor does so employ any person the necessary cer- tificate of insurance will first be furnished to City. The cer- tificate of insurance, if applicable, shall state that the City will be given ten (10) days prior written notice before modifica- tion or cancellation thereof. 6. The Contractor shall indemnify, defend, and save harmless the City and its officers, agents, and employees from any and all -6- claims, losses, suits and demands arising out of or resulting from the negligent performance of this Agreement by Contractor or Contractor's, agents, or employees. 7. The Contractor warrants that Contractor has employed or retained no person or agency to solicit or secure this Agree- ment upon any agreement or understanding for a commission, per- centage, brokerage, or conti ngent fee. For breach of thi s war- ranty, the City shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or in its discretion, to de- duct from the Agreement price or otherwise recover the full amount of such commission, percentage, brokerage, or commission fee. 8. The Contractor warrants that neither Contractor nor any employees or subcontractors of Contractor has or have any in- terest, present or contemplated, in the parcels of real property to be acquired pursuant to this Agreement. 9. The Contractor and the agents and employees of Contrac- tor, in the performance of this Agreement, shall act in an inde- pendent capacity and not as officers or employees of the City of San Bernardino. 10. The Contractor shall perform all services required by this Agreement in a careful, diligent, and professional manner and shall be responsible for any errors and omissions Contractor commits in the performance hereof. 11. During the performance of this Agreement, Contractor agrees that Contractor shall not discriminate on the grounds of -7- race, color, national origin, sex, sexual orientation or dis- ability, including the medical condition of Acquired Immune De- ficiency Syndrome (AIDS) or any condition related thereto in the selection and retention of employees and subcontractors and in the procurement of any materials and equipment required for per- formance of any of the services hereunder. 12. This Agreement shall be binding upon the City and its successors and upon the Contractor and Contractor's heirs, suc- cessors, and assigns, and shall not be assigned by the Contrac- tor, either in whole or in part, without the express, written consent of the City. 13. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in a writing executed by the parties hereto and that oral understandings or agreements not incorporated herein shall not be binding on the parties hereto. 14. The City, by notifyi ng the Contractor in writi ng, shall have the ri ght to termi nate any or a 11 of the Contractor's ser- vices and work covered by this Agreement at any time. In the event of such termination, the Contractor may submit Contractor's final written statement of the amount of outstanding fees for services already performed but not yet invoiced as of the time and date of receipt of such written notice of termination. IN WITNESS WHEREOF the City and Contractor have caused -8- . this Agreement to be duly executed the day and year first above written. CITY OF SAN BERNARDINO, a municipal corporation w. R. Holcomb, Mayor Attest REALCO CONSULTANTS By Title ~Mi>'E''') APPROVED AS TO FORr~ AND LEGAL CONTENT: ~"JL~-- o City Attorney -9- , < City Res. No. 91-465 PROFESSIONAL SERVICES AGREEMENT (Tippecanoe Avenue Widening Project - Appraisal) THIS AGREEMENT is made and entered into this__I~ib._--SJay of October , 1991, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City", and REAlCO CONSULTANTS, located at 11919 Ivy lane, Moreno Valley, California 92557, hereinafter referred to as "Contractor", with reference to the following facts: A. The City desires to obtain the services of a qualified professional real property appraiser for the preparation of an appraisal report relating to the proposed widening and im- provement of Tippecanoe Avenue between Hardt Street and laurel- wood Drive within the City of San Bernardino, California. B. The Contractor is qualified to furnish such professional real property appraisal services. NOW THEREFORE, the City agrees to retain and does hereby re- tain Contractor and Contractor agrees to provide the professional services required according to the terms and conditions and for the consideration hereinafter set forth: 1. The Contractor shall prepare a full narrative appraisal report according to the Uniform Standards of Professional Appraisal Practice in triplicate relating to City's proposed widening of Tippecanoe Avenue between Hardt Street and laurelwood Drive within the City of San Bernardino, California, consisting of approximately 16 partial acquisitions of real property ad- joining the easterly side of said Tippecanoe Avenue. The appraisal report shall contain the following: perti- -1- nent property data; discussions and conclusions of highest and best use; explanation of approach to value; summary and tabula- tion of market data; analysis of market data and conclusions of value. including an analysis of severance damages. if any; summary reports of supporting market data verified where reason- ably possible; and conclusions of just compensation and date of value. The date of value shall be consistent with both the appraiser's dates of property inspections and the date of the appraiser's market data search. The appraiser's report shall contain other stated assumptions. premises. and conditions as may appropri ate. in accordance wi th accepted profess i ona 1 standards and practice. 2. The appra i sa 1 report shall be addressed to the Di rector of Public Works of the City of San Bernardino and shall be de- livered to him at 300 North "D" Street. San Bernardino. Cali- fornia 92418. Within approximately six weeks following authori- zation to proceed. Contractor shall provide the fully completed. bound report containing all the elements above specified. to- gether with a narrative appraisal review report evidencing full and complete review of the report and containing a recommendation for City acceptance and approval as an "approved appraisal". 3. The Contractor shall perform the above appraisal services for a tot a 1 fee not to exceed the sum of $1.210.00 per each parcel specified by the Director of Public Works to be appraised as provided herein. Said payment shall be made in accordance with the City of San Bernardino's usual accounting procedures reasonably be deemed appraisal -2- upon receipt and approval of an invoice setting forth the ser- vices performed, and such approval shall not be unreasonably withheld. A reasonable attempt shall be made by City to pay said invoice within thirty (30) calendar days of its receipt by City. Said invoice shall accompany the appraisal report upon its delivery to City. 4. If applicable, the Contractor shall carry the insurance required by California law to protect said Contractor from claims under the l~orkers I Compensation Act. Upon request, following execution of this Agreement. the Contractor shall file with the City a certificate stating that such insurance either is in effect or that the Contractor has no employees and acknowledging that, if Contractor does so employ any person or persons, the necessary certificate of insurance will first be furnished to City. The certificate of insurance, if applicable, shall state that the City will be given ten (10) days prior written notice before modification or cancellation thereof. 5. The Contractor shall indemnify. defend. and save harmless the City and its officers, agents, and employees from any and all claims. losses, suits and demands arising out of or resulting from the negl i gent performance of thi s Agreement by Contractor or Contractor's agents. employees, or subcontractors. 6. The Contractor warrants that Contractor has employed or retained no person or agency to solicit or secure this Agree- ment upon any agreement or understanding for a commission, per- centage. brokerage, or contingent fee. For breach of this war- ranty, the City shall have the right to terminate this Agreement -3- , , without liability and pay Contractor only for the value of work Contractor has actually performed or, in its discretion, to de- duct from the Agreement price or otherwi se recover the full amount of such commission, percentage, brokerage, or contingent fee. 7. The Contractor warrants that neither Contractor nor any emp 1 oyees or subcontractors of Contractor has or have any i n- terest, present or contemplated, in the parcels of real property to be appraised pursuant to this Agreement. The Contractor further warrants that Contractor and any employee or subcon- tractor assigned to this property appraisal project have no real property, business, or income interests that will be af- fected by the appraisal prepared hereunder or, alternatively, that the Contractor will file with the City an affidavit dis- closing any such interest. 8. The Contractor and the agents, employees, and subcon- tractors of Contractor, in the performance of thi s Agreement, shall act in an independent capacity and not as officers or employees of the City of San Bernardino. 9. The Contractor shall perform all services required by this Agreement in a careful, diligent, and professional manner and shall be responsible for any errors and omissions Contractor or any subcontractor commits in the performance hereof. 10. During the performance of this Agreement, Contractor agrees that Contractor shall not discriminate on the grounds of -4- I , ' race, color, national origin, sex, sexual orientation or dis- ability, including the medical condition of Acquired Immune De- ficiency Syndrome (AIDS) or any condition related thereto in the selection and retention of employees and subcontractors and in the procurement of any incidental materials and equipment re- quired for performance of any of the services hereunder. 11. This Agreement shall be binding upon the City and its successors and upon the Contractor and Contractor's hei rs, suc- cessors, and assigns, and shall not be assigned by the Contrac- tor, either in whole or in part, without the express, written consent of the City. 12. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in a writing executed by the parties hereto and that oral understandings or agreements not incorporated herein shall not be binding on the parties hereto. 13. It is mutually understood and agreed that this Agreement is made with respect to possible future litigation and that Contractor agrees that Contractor or any subcontractor will be available as a witness therein at Contractor's then esta- blished fee; and that Contractor's or subcontractor's report and conclusions are for the confidential communication to and information of and for the use by attorneys representing the City, and the Contractor or subcontractor will not disclose the appraisal report or conclusions, in whole or in part, to any person whatsoever, except at the request and direction of the City's attorneys. -5- " 14. The City, by notifying the Contractor in writing, shall have the right to terminate any or all of the Contractor's ser- vi ces and work covered by thi s Agreement at any time. In the event of such termination, the Contractor may submit Contractor's final written statement of the amount of outstanding fees for services already performed but not yet invoiced as of the time and date of receipt of such written notice of termination, based upon the ratio which the work completed bears to the total work required to make the complete report. IN WITNESS WHEREOF the City and Contractor have caused this Agreement to be duly executed the day and year first above written. CITY OF SAN BERNARDINO, a municipal corporat' Mayor ~/ NO~ 0 1991 ~- ity Clerk Attest APPROVED AS TO FORM AND LEGAL CONTENT: . /) .--'1., 0 e:-yvy~ Attorn~------------ -6-