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HomeMy WebLinkAbout22- Public Works rile Au. l�.uL-1LJ7 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. 5-0264 03/01/93 2 H N i NN Q `■O Q Z V_ O o W 3 w m OQ z z I I err I qK Q� 3nN3A 5 I I N Nv 4831Y* �H LLJ - - -^ - - — - — - — - - �Oa ZJ i 1 Q Q � � a s } 0 O 3nNbAV NIOJN[ N A S T W i I N 3n 3A NO ON NS M I I — I I - - - - W0-a .0 , ? 8 - — - - - - )133MJ NIMl 1SV3 I' l91� I O ( r a 0 i I o a` pp9Y Y d « 3nN3AV Ov3HMON&V I I z I Z Q O I - — - — - 133x15 � .3.- - - - -- - - - - I I I _ nN3AV `l 3ONV:)3ddll a 4 _ — — 0 I W 3 g t m 0 Q Z z $ Z Z \ V W -t W I < CA w az J a o o V 0 � I \ \ byb I I I Y ko 1 41 e I ' W - - r AVM A x13 5 I I I 15'281 � I . I IZSI a 0 I I Z 4 0 O " I I R i 3nN � I I ( 5'281 / NVhH31VA .1 I Ll �t i6 I 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. -1- 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 -2- 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 -5- 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 O L. : Oo �Wa! UZOJOC> Z Z U _j w m 0 N: O• N. N y Z H- Z �o oo Z o o v)I ��- inmU OO ma z W v W W °a m0 �z ►- In• 4. �• W Z o• Z Q O ck: w w LLJ V)�-�4(L,zw 0 r2: _a O Z WO¢MN Z. NO WW Z � W '��Z'''�C3 �• Wp aV O a.��ZO� �� a> 1~ Z Z v t= O: U U Q J W y 3 W 3 2 W U lis�� O U O O QOJ Z W ZW S W Wo11M3 N MW *ZN;z-, a mG aQ ~ Q' fnZ W W444444JJJJJJm (n a��H Qa �.F- JF Q LLJ WWZp Jp J W WW mC� mfn N O a-5ZO WUCSJyO : O O.Z°dOJC� 2N {/N� L� S 3 W 00 CL W U m U Q Q F- }• 3 • I UI Z' Ad O W' NY Wow : o : U I o W m Z N J Z � CL(n �Ow m5U O U ppWtn Coal �awQ 0.cl W z sJH Q p Q }. m �I o; Z O W J cn• W (n- '� O L'J U� En Q Z Q ZI W Z• laJ GS.I a. N W N d w � U U W U Z O • 1i�W : J tn• Na FNa �+�+ Q 0v N V� O = W O.-. N JJ yJHaa OWN�� OZaW W�a v: m W 3 W a W N N O O a O ✓V�� U L/111J1JlI♦ r 0 O� W O U -Z OZ -j LJ • O• y O zZLA : Nd : NVp> OV) ma� � W a zo `2z L" z cr W r W W O `Z0 V`)i �a cc o a rz: o LAJ o• _ �WprJJ �. J° ; CL �� CL N W LM W W L O W O O W W Ln Ln UJ W m W y d��� V ..N LA UO O CL :ICJ CL i ~ y y O W X.y r ( U W Q_N V,W�W S W N "' y Z�� cr W vi vi W J y ayd' O J W W y • m : �• z yj ZC.may y• µ>WJ� O v U LA Z 3 N : >3 W~t Q t0¢ CL 0 CL z ac O> --, c o cp< N: W U W z cr- W0 ='a= 2 J O; N z = uj, C <W a;= gd °~yam W=3 F p, 0 N; V) Lai L) W.,W yid'~ � �a A a V+�o O C) O CL U_yJ Z M G ~MAO O O_U of: S: C CL W M O JG -�: W a �- O 2 H - • N O W � N Z?W < Q U H m30o �-v�vWi o accao�o a� W a a v o W - O W U � U ►- C c < O C 4, L W5 OOW m CL(A H W O H - ' L C ' C M C N H• J Jy L cn `� W N a W 0"" } Ix Q ' : N O o W J W N yd0� : s� V �V1a F•-S Z LO VI O ' �z N N O p 20 .. Ld Roya O fn�W N: W P.G. Ir W cr CD CC N 3 y a W QW �v 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.