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CITY OF SAN BERN~bINO
File No. 15.02-121j
- REQUEST ItjR COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Resolution Authorizing Execution of
Agmt. for Right of Way Services &
Appraisal Servo - Tippecanoe Ave.
between Laurelwood Dr. & Hardt St. -
REALCO CONSULTANTS
Dept:
Public WorksfEngineering
Date:
October 28, 1991
Synopsis of Previous Council action:
09-28-90 --- Area annexed to the City of San Bernardino.
06-18-90 --- Allocation from Fund 129 (Measure "I" - 12~ sales tax) approved.
10-21-91 --- Capital Improvement budget re-confirmed.
Recommended motion:
Adopt Resolution.
cc: Shauna Clark, .City Administrator
Andrew Green, Finance Director
Jim Penman, City Attorney
Verne Nadeau
Phone:
384-5026
Contact person:
Supporting data attached: Staff Report , Agreement & Resolution Ward:
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FUNDING REQUIREMENTS:
Amount:
$50,130 (Measure "I" - l::~ sales tax)
Source: (Acct. No.1
129-309-57837
(Acct. Descriotion)
Tippecanoe Ave. widening (110 - Hardt)
Finance: ~ -D /
Council Notes:
75.0262
. Agenda Item No
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CITY OF SAN BERN~RDINO - REQUEST ~~R COUNCIL ACTION
STAFF REPORT
This project for the widening of Tippecanoe Avenue between Lee Street and
Hardt Street was started in the County and they acquired four parcels prior to
the area being annexed to the City on 09-28-91. At tllat time the City inherited
the project and expanded it to include the area between Lee Street and Laurelwood
Drive.
Request for
Tippecanoe Avenue
following firms:
proposals for right of way acquisition
widening project were sent by letter dated
services
09-30-91
on the
to the
1. Quan & Associates
2. Rea1co Consultants
A Proposal was received from Rea1co Consultants only.
After carefully reviewing the qualifications and experience of the firm. and
having worked with this Consultant in the past. it was determined that they are
qualified and be selected to provide the necessary right of way acquisition and
appraisal services at this time.
The proposed agreements provide. in general. that Rea1co Consultants will
provide the necessary right of way acquisition services for a fee not to exceed
$1.575.00 per parcel to be acquired and to provide appraisal services for a fee
of $1210 per parcel. There are 18 parcels to be acquired. There will be
additional costs also for title/escrow fees and the actual acquisition costs.
These costs will be paid from the funds set aside for the widening of Tippecanoe
Avenue.
The total preliminary allocation for this project is $500.000.
Since the work load of the Real Property Section is such that it does not
have sufficient staff time to accomplish this project in a timely manner. the
services of a Right of Way Consultant are needed. We therefor recommend that the
Agreement for Right of Way Acquisition Services and the Agreement for Appraisal
Services be approved.
10-28-91
75.0264
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RESOLUTION NO.
RESOLUTION OF Tfffi CITY Of SAN BERNARDINO AuiHORIZING Tfffi EXtCUTION
OF AN AGREEMENT WITH REALCO CONSULTANTS RELATING TO PROVIDING RIGHT OF WAY
ACQUISITION SERVICES AND FOR APPRAISAL SERVICES FOR Tfffi TIPPECANOE A,tNUE
WIDENING PROJECT.
BE IT RESOLVED BY Tfffi MAYOR AND COMMON COUNCIL OF Tfffi CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor 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 Realco Consultants for providing
right of way services and appraisal services for the Tippecanoe Avenue
widening project, copies of which are attached hereto marked Exhibits "A" and
"B" respectively, and incorporated herein by reference as fully as though set
forth at length.
SECTION 2. This resolution is rescinded if the parties to the
Agreements for right of way acquisition services and for appraisal services
fail to execute them within sixty (60) days of the passage of this resolution.
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10-28-91
RESO. AUTIlORIZING EXECUTION OF AG~:T. nTH RE~O CONSULTANTS RELATING TO
RIGHT OF MAY 1C:Y1CES. \.I
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the
4 following vote, to wit:
day of
5 Council Members:
AYES
NAYS
ABSTAIN
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ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
, 1991, by the
ABSENT
City Clerk
The foregoing resolution is hereby approved this day of
. 1991.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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10-28-91
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PROFESSIONAL SERVICES AGREEMENT
(Tippecanoe Avenue Widening Project)
THIS AGREEMENT is made and entered into this 18th
day 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 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
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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
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the initiation of acquisition negotiations.
E. Negotiate with 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 appl icable, right of way
agreements to City, along with recommendations for ac-
ceptance and further processing.
G. Where 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 lienholders/encumbrancers to secure necessary lien
and/or encumbrance releases.
I. 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
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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.
M. Furnish acquisition status reports at such times and at
such intervals as desired by City.
2. Performance of all services to be provided 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 Bernardino, 300 North "0" 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
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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 covering all services performed hereunder during 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 Public
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 permi t proper amendment of such i nvoi ce by Contractor and
resubmission to City within said 3D-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-
1 i zed, but not to exceed an average per-parcel fee of $1,575.00
for each separately assessed parcel of real property spec if i ed
by said Director of Public Works/City Engineer to be acquired
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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
considered one-half of a separate parcel. 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 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 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
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claims, losses, suits and demands arising out of or resulting
from the neg1 igent performance of thi s 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 contingent fee. For breach of this 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
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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
se 1 ect i on and retention of emp 1 oyees 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 notifying the Contractor in writing, shall
have the right to terminate any or all 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
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this Agreement to be duly executed the day and year first above
written.
CITY OF SAN BERNARDINO,
a municipal corporation
By
Attest
REAL CO CONSULTANTS
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By .~ . f (;::...a.I'1.)
Title prin~~ ~
APPROVED AS TO FORM AND LEGAL CONTENT:
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PROFESSIONAL SERVICES AGREEMENT
(Tippecanoe Avenue Widening Project.- Appraisal)
THIS AGREEMENT is made and entered into this 28th day 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-
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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
appra i ser I s dates of property inspect ions and the date of the
appraiser's market data search.
The appraiser's report shall contain other reasonably
stated assumptions, premises, and conditions as may be deemed
appropri ate, in accordance with accepted profess i ona 1 appra i sa 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 "0" Street, San Bernardino, Cali-
fornia 92418. Within approximately six weeks following authori-
zat i on to proceed, Contractor sha 11 provi de the fu 11 y comp 1 eted,
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 total fee not to exceed the su. 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
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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 Workers' Compensat i on Act. Upon request, fo 11 owi ng
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 wi 11 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 neg1 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
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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 contingent
fee.
7. 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 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 this 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 di scrimi nate on the grounds of
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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 C;ty 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.
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14. The City, by notifying the Contractor in writing, shall
have the right to terminate any or all 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, 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 corporation
By
Attest
REALCO CONSULTANTS
APPROVED AS TO FORM AND LEGAL CONTENT:
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