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CITY OF SAN BERt .RDINO - REQUEST l )R COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution Authorizing Execution of
Agreement for Right-of-Way Acquisi-
Dept: Public Works/Engineering tion Services with David Evans and
Assoc. for extension of Orange Show
Date: March 1, 1993 Road from Arrowhead to Tippecanoe
Synopsis of Previous Council action:
Dec. 89 -- Adoption of 5-year Capital Improvement Program for 89/90 to
93/94
10-07-91 -- Transfer of $200,000 from Unappropriated Reserve to Account No.
129-309-57845: Orange Show Rd. from Arrowhead Ave. to Waterman.
06-01-92 -- Authorization granted to execute Loan Guarantee Agreement with
IVDA.
07-06-92 -- Authorization granted to assume responsibility for engineering
design services.
08-17-92 -- Authorization to execute Agreement for Professional Engineering
Services with Daniel, Mann, Johnson & Mendenhall (DMJM)
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator
Barbara Pachon, Director of Finance ignature
James F. Penman, City Attorney
Contact person: Anne DeBolt Phone: 5328
Supporting data attached: Staff Report, Map, Resolution Ward: 1 & 3
FUNDING REQUIREMENTS: Amount: $162.482 (Funds to be provided by SANBAG)
Source: (Acct No.) 129-309-57845
Acct. Description) Extension of Orange Sh w Roa
Arrowhead Avenue to Tippecanoe Avenue Finance.
Council Notes:
75-0262 Agenda Item No. —
CITY OF SAN BERN[ IDINO - REQUEST F A COUNCIL ACTION
STAFF REPORT
Requests for proposals to provide services in connection with the acquisition of
right-of-way for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe
Avenue were sent to the following firms:
1. Cutler & Associates, Inc.
2. David Evans and Associates, Inc. (DEA)
3. Howard Needles Tammen & Bergendoff (HNTB)
4. The Ramco Group
5. Realco Consultants
6. Willdan Associates
Proposals were received from Cutler & Associates, DEA, HNTB, Realco Consultants and
Willdan Associates. Oral presentations were held February 4, 1993. The interview panel
consisted of: Ray Salvador, Administrative Assistant to the Mayor, Frank Rhemrev, Deputy
City Attorney, Roger Owen, Senior Civil Engineer, DMJM, Roger G. Hardgrave, Director of
Public Works/City Engineer, and Anne DeBolt, Real Property Specialist.
After careful review and consideration of the qualifications and experience of the four
firms, the firm of David Evans and Associates, Inc. (DEA) was chosen as being the best
qualified at this time to provide the desired services.
This is a large, complex project. There are approximately 65 parcels which will be
affected in some manner. Four of the parcels will be "total takings", the remainder will
be relatively minor "partial takes". San Bernardino Christian Church of God will have to
be relocated.
The proposed agreement provides, in general, that the Consultant (DEA) will provide the
following services:
1. Escrow and title services
2. Prepare legal notices/other written communications to property owners
3. Prepare appraisal for each parcel (to be reviewed by Caltrans)
4. Right-of-way negotiations for each taking
5. Relocation Assistance, where necessary
6. Expert witness services in case of eminent domain proceedings
7. Initial Site Assessment (for any site suspected of being contaminated
with hazardous materials)
8. Files - DEA will provide the City with complete files for each acquisi-
tion, including separate complete files for any relocation assistance
9. Once a month consultations with City staff for updates on project pro-
gress, concerns, challenges, and accomplishments with additional meet-
ings at the direction of City staff.
The above services are to be provided by DEA for a fee not to exceed $162,482. A
request has been submitted to SANBAG for approval of $500,000 to finance the costs
incurred in acquiring of the right-of-way. This request is scheduled to be heard by
the SANBAG Administrative Committee on 03-17-93. The Administrative Committee's recom-
mendation will be considered by the SANBAG Board at their meeting of 04-07-93.
The Agreement states that work will not commence without a written Notice to Proceed
from the City Engineer. The Notice to Proceed will not be issued until the SANBAG
Board approves the funding, which will relieve the City from incurring any financial
obligation with DEA until a source of funding is assured.
We recommend that the Agreement be approved.
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU-
TION OF AN AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) , RELATING
3 TO THE PROVISION OF PROFESSIONAL RIGHT-OF-WAY ACQUISITION SERVICES FOR THE
EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor and Common Council of the City of San
7 Bernardino are hereby authorized and directed to execute, on behalf of said
8 City, an agreement with David Evans and Associates (DEA) , relating to the
9 provision of professional right-of-way acquisition services for the
10 extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. A
11 copy of said agreement is attached hereto, marked Exhibit "A", and
12 incorporated herein by reference as fully as though set forth at length.
13 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 i
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" .
W I T N E S S E T H
WHEREAS, City desires to obtain professional services to acquire
right of way for the extension of Orange Show Road from Washington Street to
Tippecanoe Avenue, including crossing of the Gage Canal.
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 to engage the
services of Consultant upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services specified in "Scope of
Services" , a copy of which is attached hereto as Exhibit "l", and incorpor-
ated as though set forth in full.
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.
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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 SERVICES
A. Performance of the work specified in the "Scope of Services", is
made an obligation of Consultant under this Agreement, subject to any
changes made subsequently upon mutual agreement of the parties. All such
changes shall be incorporated by written amendments to this Agreement, and
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EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
include any increase or decrease in the amount of compensation due
Consultant for the change in scope. Any change which has not been so
incorporated shall not be binding on either party.
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 the
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 the 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-
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 of the City
upon thirty (30) days written notice to Consultant. Upon such notice
Consultant shall provide work product to City, and City shall compensate
Consultant in the manner set forth above.
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-
EXTENSION OF ORANGE SHOW ROAD - AGREEMENT
10. CONTINGENCIES
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 Roger G. Hardgrave, Director of
David Evans and Associates, Inc. Public Works/City Engineer
1700 Iowa Avenue, Suite 230 300 North "D" Street
Riverside, CA 92507 San Bernardino, CA 92418
(909) 686-6644, (909) 384-5025
fax: (909) 686-2916 fax: (909) 384-5463
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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. Consultant shall indemnify, defend and hold free and harmless the
City, its officers and its employees from all claims, damages, costs,
expenses, and liability, including, but not limited to attorney's fees
-6-
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 negligent 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, 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 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. Consultant shall provide evidence of insurance in the form of a
policy of insurance, in which the City is named as an additional named
insured to the extent of the coverage required by this Agreement.
-7-
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. Vowley, P.E Associate
by.
Robe t E. Davis, Project Manager
CITY OF SAN BERNARDINO,
ATTEST: a municipal corporation
by: by:
Rachel Clark, City Clerk W. R. HOLCOMB, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
by: -
-8-
EXHIBIT 111"
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: 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.
TASK 2: 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.
TASK 3: 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.
TASK 4: 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.
TASK 5: RELOCATION ASSISTANCE
DEA will have proper, thorough, and complete relocation assistance
conducted for every parcel requiring this service.
TASK 6: EXPERT WITNESS SERVICES
The project team will furnish expert witness services for any case of
eminent domain proceeding.
TASK 7: 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.
TASK 8: FILES
The team will provide the City of San Bernardino with complete files
containing:
a. Acquisition Files
1. A 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,
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
TASK 9: 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
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EXHIBIT 11311
COMPENSATION
(Revised February 15, 1993)
Effective Through July 31, 1993
TASK 1 TITLE $ 24,244.00
Note 1: For multiple parcel ownership, a charge of 5100.00 per
parcel is used rather than the par parcel rate (includes
Schedule B documents). (Based on 65 parcels.)
Note 2: Report upgrade to litigation guarantee is $250.00 per
report. (Based on 5 parcels.)
ESCROW (Based on 65 parcels.) 5 21,938.00
TASK 2 LEGAL NOTICES $ 1,000.00
TASK 3 APPRAISALS
3a Land and Improvements (Based on 65 parcels.) $36,000.00
3b&c Machinery, Equipment and Inventory 5163.00/hr 5 1,575.00
3d Goodwill 5112.50/hr S7,875.00
TASK 4 ACQUISITION (Based on 65 parcels.) S46,496.00
TASK 5 RELOCATION ASSISTANCE $45.001hr 5 3,375.00*
TASK 6 EXPERT WITNESS SERVICES (per schedule) $15,940.00*
TASK 7 INITIAL SITE ASSESSMENT S 3,500.00*
TASK 8 FILES
8a Acquisition Files (Included in Task 4 Amount)
8b Relocation Assistance Files (Included in Task 5 Amount)
TASK 9 CONSULTATION WITH CITY STAFF (per schedule) $ 540.00
(One meeting a month for 6 months.
Additional meetings to be at the direaion of City.)
*Services to be supplied upon written direction of the City.
EXHIBIT 11411
SCHEDULE OF HOURLY RATES
Rates effective Through July 31, 1993
OFFICE:
Principal/Director $ 105.00
Senior Project Manager 95.00
Project Manager/Senior Right-of-Way Agent 90.00
Professional Engineer/Project Manager 85.00
Hazardous Waste Engineer 85.00
Professional Land Surveyor 85.00
Senior Planner/Environmental Analyst 75.00
Engineer/Inspector 70.00
Landscape Architect 60.00
Technician/Researcher 55.00
Senior Drafter/CADD Operator 50.00
Planning/Environmental 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.
COURT APPEARANCE COST
Expert Witness Services
Appraisal - Land and Improvements
Mr. Petros Berhane 180.00/hr
Mr. John Donahue pre-trial 270.00/hr
trial 338.00/hr
Appraisal - Goodwill
Mr. Dave Girbovan, ASA 197.00/hr
Appraisal - Machinery, Equipment and Inventory
Mr. Jeffrey A. Donahue, ASA pre-trial 163.00/hr
trial 214.00/hr
Acquisition
Mr. Robert E. Davis 175.00/hr
Relocation Assistance
Ms. Vila Orduno 141.00/hr
EXHIBIT 115"
PROJECT TEAM
David Evans and Associates, Inc. (DEA) has assemble a qualified team of professionals
for this project.
Project Management
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,
FHWA, 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.
Right-of-Way 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.
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
DEA 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 I-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.
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.