HomeMy WebLinkAbout25O - RIGHT OF WAY SRVCSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 17, 2008
TITLE:
AMENDMENT TO AGREEMENTS FOR
RIGHT-OF-WAY SERVICES
I ~
/ ~, _
CITY MANAGER
COMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to amend the agreement
with California Property Specialist (CPSI) and Overland-Pacific & Cutler
(OPC), in the amount of $800,000 and $300,000 for not to exceed contract
amounts of $1,850,000 and $650,000 respectively, subject to non-
substantive changes approved by the City Manager and City Attorney.
DlscvssloN
On March 6, 2006, the City Council awarded contracts to CPSI and OPC for
right-of-way services for Phase I of the Bristol street widening project.
Phase I is part of the overall Bristol Street widening project between
Warner Avenue and Seventeenth Street which is funded by the Orange County
Transportation Authority (OCTA). As the City moves forward towards the
future phases of this project and begins construction of Phase I between
Pine and McFadden, the consultant agreements for right-of-way services
must be amended to maintain continuity, efficiency, and to meet the
project schedule.
The consulting firms of CPSI and OPC coordinated the acquisition,
appraisal, relocation, and property management for the properties affected
by the widening. Completion of right-of-acquisition for Phase I is
expected in spring 2009. These firms have performed an excellent job
negotiating with property owners and in managing the other right-of-way
support consultants to keep the project ahead of schedule and under
budget.
With additional funding anticipated for Bristol Street Phase II between
Third Street and Civic Center, and several other intersection widening
projects funded by OCTA, CPSI and OPC will provide overall right-of-way
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Amendment to Agreements For
Right-of-Way Services
November 17, 2008
Page 2
services, including acquisition, relocation and property management for
the widening project.
Staff recommends an amendment to the agreement for right-of-way services
with the firms as follows:
• An additional $800,000 for CPSI for a total contract of $1,850,000.
• An additional $300,000 for OPC for a total contract in the amount of
$650,000.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund (account no.
59-553-6611) .
APPROVED AS TO FUNDS AND ACCOUNTS:
~~
ames G. Ross Francisco Gutierrez
xecutive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
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SECOND AMENDMENT TO
CONSULTANT AGREEMENT
THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT, made and entered into
this 17th day of November, 2008, by and between California Property Specialists, Inc., a
California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
A. The City and Consultant entered into Consultant Agreement, A-2006-048 dated March 6, 2006
("Agreement") to assist the City in the field ofright-of--way acquisition management and contract
administration services.
B. The parties hereto now desire to amend the Scope of Services and the Compensation sections of
said Agreement.
WHEREFORE, in consideration of the mutual and respective covenants and promises
hereinafter contained and made, and subject to all of the terms and conditions of said Agreement
as hereby amended, the parties hereby agree as follows:
1. Section 1 "Scope of Services" shall be deleted in its entirety and replaced with the following:
"Consultant shall perform property acquisition services on an on-call basis, as set forth in
Exhibit A-2, attached to this Second Amendment to Agreement and incorporated by
reference. Said work shall comply with the timeline set forth in Exhibit A-1, attached to
the First Amendment to Agreement."
2. Section 2 (a) "Compensation" shall be amended to increase compensation by $800,000, to
read as follows:
"a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Exhibit B-2, attached hereto and incorporated herein. The total sum to
be expended under this Agreement shall not exceed $1,850,000.00 during the term of this
Agreement."
3. Except as hereinabove modified, the terms and conditions of the Agreement remain in full
force and effect.
//
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement the date and year first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
CITY OF SANTA ANA
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
CALIFORNIA PROPERTY
SPECIALISTS, INC.
GEORGIA MARQUIS
Vice President
Tax ID#
250-4
EXHIBIT A-1
Scope of Services
Right of Way Coordination,
Project Management, Acquisition, Relocation and
Property Management Services
PROJECT UNDERSTANDING AND APPROACH TO STATEMENT OF WORK
This section presents California Property Specialists' (CPSI) understanding of the project assignment, the
statement of work and our approach to the accomplishment of the scope of services. These procedures
assure that CPSI services will be provided in such a manner as to ensure project success. Key
responsibilities included: coordination, monitoring and implementing City of Santa Ana (City) right of way
activities; consultant oversight and coordination; real property acquisition; relocations services, property
management, in-house right of way coordination and other real estate related services as assigned by City
staff.
CPSI's Project Director will meet with City staff to review the City's requirements for requested right of
way services. CPSI will focus on budget and the City's requirements as to day-to-day coordination with
City staff, relevant consultants, and governing authorities. Discussions will also include progress reporting,
deliverables, documents preparation, and file format.
Upon City approval, CPSI proposes to take apro-active approach. This will include critical task
assignments as opportunity purchases, assistance with community outreach meetings, preliminary title
work, preparation of offer packages, and coordination and implementation of relocation activities.
CPSI's Right of Way Project Director will implement a tracking system for all acquisition, relocation and
property management consultants. This will ensure early identification of potential problem situations and
an additional tool to assist in meeting project milestones on a timely basis. Additional Progress Summary
Reports will be prepared, in addition to weekly Progress Summary meetings, in accordance with City
requirements and submitted on bi-monthly basis. In addition to summary reports, a Progress Meeting will
be scheduled on a weekly basis.
STATEMENT OF WORK
CPSI is very experienced and knowledgeable in right of way appraisals, acquisition and relocation services
under both federally, state, and locally funded projects. This will ensure the City's full compliance of
existing and/or the latest promulgated regulations.
We recommend that CPSI's role include, but not be limited to the following: project oversight,
procurement compliance, acquisition, relocation, property management and other general real estate
support duties.
UALITY CONTROL PLAN
CPSI has a work ethic and commitment to excellence that is translated to high quality work product and a
tremendous client satisfaction. All work performed by CPSI will be performed in accordance with
applicable rules and regulations, and in a high quality and professional manner.
CPSI will establish standards for quality and monitoring to assure that the City receives accurate,
comprehensive and properly documented data. In addition, the CPSI Quality Control Plan will establish a
process whereby the Right of Way Project Manager directs and/or reviews all work products prior to
submittal to the City.
PROJECT RECORDS
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CPSI will prepare, maintain and submit correspondence, records, reports, analyses, schedules and databases
as required by the City. Project files, including copies of all correspondence, reports, documents, and
electronic files, are property of the City.
SCOPE OF SERVICES
1.0 GENERAL
LI GENERAL DESCRIPTION OF SERVICES
California Property Specialists, Ina (CPSI) Santa Ana team will provide right of way services in
connection with various City of Santa Ana Projects and general real estate related duties as
duected by City staff. CPSI professionals will be responsive and maintain excellent working
relationship with the public, City staff and other City's consultants. CPSI will provide professional
real estate consulting services including project management, oversight, coordination of appraisal,
title, Phase I and II ESA's, acquisition services, relocation assistance, property management
activities, in-house right of way coordination, and other miscellaneous right of way work.
PROJECT COORDINATION AND MANAGEMENT
TASK NO.
1.2 Meetings
Attend meetings with the City and consultants. Meeting minutes, agendas and reports will be
provided and distributed as directed by City.
1.3 Status Reports
Provide and maintain a title, appraisal, acquisition, relocation, and property management Status
Reports for all project personnel to access.
1.4 Sub Consultant Management
Provide management and coordination of services for all consultants.
1.5 Monitor and Control Budget Expenditures
Prepare, monitor and track project budget expenditures and assist the City with funding
reimbursements.
1.6 Escrow Coordination
Provide coordination services with the Escrow Company, including ordering Preliminary Title
Reports, Litigation Guarantees, if required, opening escrows, and facilitating escrows for both
acquisition of the subject property and replacement property.
1.7 Schedules
Prepare and provide to the City project schedules as needed.
1.8 QA/QC Management
Provide Quality Control Management for all areas of the project, including coordinating efforts
with the City to ensure a successful and compliant project.
1.9 Project Close Out
Provide services required to finalize and close out the project according to City directions.
2.0 TITLE AND SERVICES
TASK NO.
2.1 Preliminary Title Reports
Order and monitor completion of Preliminary Title Reports and receipt of supporting documents,
Title reports produced for each parcel will at a minimum establish legal owners and all valid liens,
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encumbrances and easements of record. A Title Report Summary will be completed by the CPSI
and with a copy distributed to the City file, and City Attorney's office.
2.2 Litigation Guarantees
Order as directed by the City Attorneys office Litigation Guarantees identifying the legal owners
and all interests affected in the proposed litigation. Copies of the report will be placed in the City
file and a copy distributed to the City Attorney's office.
3.0 PHASE I AND II ESA AND DEMOLITION ASBESTOS SURVEY
TASK NO.
3.1 Phase 1 Environmental Site Assessment Survey
Coordinate a Phase I study to be performed in compliance with the standard practices of the
American Society for Testing and Materials (ASTM) Phase I ESA Process (Standard: E 1527-00).
Monitor to see that: reasonable attempts are made to interview the existing and former owners of
the properties; a visual survey of the site and adjacent sites is made; reasonable attempts are
made to contact local government officials regarding conditions in connection with the property; a
review of site and area land use history is completed; and a review of site area for geology and
subsurface/surface potential for pollutant transport from public sources. Review complete report
to assure contents of inspections and interviews, site characteristics, record and historical review
information and potential contamination issue, and conclusions and recommendations for any
work required. Copies to be distributed to City file, City Attorney and Property Management
consultant, if required, on the site.
3.2 Phase 11 Environmental Site Assessment Survey
Review with City staff the Phase I ESA to determine the need for a Phase II ESA Survey. If
necessary, coordinate the completion of a Phase II ESA. Upon receipt of the Phase lI report,
prepare recommendation to for additional environmental analysis. Distribute the Environmental
Site Report and written recommendations to City staff and City Attorney's office.
3.3 Demolition Asbestos & Follow Up Surveys
Coordinate, or assists the Property Management Consultant with the coordination and completion
of asbestos and lead surveys. Coordinate distribution of these reports to applicable consultants.
Perform afollow-up inspections before the beginning the demolition process.
4.0 PUBLIC MEETINGS
TASK NO.
4.1 Public Information Hearing
Facilitate and or conduct Public Meeting as required by City to address acquisition, relocation and
related issues.
5.0 APPRAISAL
TASK NO.
5.1 Facilitate
Distribution of appraisal assignments using the City approved Contract appraisers. Prepare
Request for Proposal for obtain fee proposals for given assignments.
5.2 Coordinate
Meet with the selected appraiser to review and discuss USPAP, Uniform Act, and California Code
of Regulations, Title 25 requirements. Coordinate with City staff and the City Attorney's office
the type of reports required and the required written notice of inspection to the owner. In all cases
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a complete appraisal is required. The format and level of documentation for an appraisal report
depend on the complexity of the appraisal problem. Complex property assignments are to be
reported in aself-contained, narrative format. A summary report in conformance with USPAP
Standards Rule 2-2(b) is permitted in cases, which, by virtue of their low value or simplicity, do
not require the in-depth analysis and presentation necessary in aself-contained appraisal report. A
summary report may be acceptable on complex property assignments on a case-by-case basis as
determined by the City
5.3 Complete Appraisal Summary Statement
Obtain appraisals for each acquisition prepared in accordance with the State of California Laws
and USPAP, date stamp, record information and properly disperse reports. Review appraisal
report and prepare an Appraisal Summary Statement, in accordance with applicable regulations,
including Assembly Bi11237. These Appraisal Summary Statements will be utilized as part of the
"Offer Letter."
5.4 Tenant Owned Improvements
Coordinate and review completeness and accuracy of fixtures and equipment appraisals. During
the initial appraisal process, coordinate with fee appraiser, FF&E appraiser, fee owner and tenant
identification and ownership of tenant owned improvements. if necessary Specialty Appraisals
shall be ordered, and a copy submitted to the appraiser for inclusion in the appraisal and appraisal
review analyses.
6.0 APPRAISAL REVIEW/ESTABLISHMENT OF JUST COMPENSATION
TASK NO.
6.1 Appraisal Review
If funding is involved with Phase I, coordinate and obtain reviews of the appraisals referenced
above in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, other
applicable Federal Laws, State of California Laws, Public Law 91-646, Title III, and USPAP.
6.2 Just Compensation Coordination
Upon completion of the appraisal and if applicable the appraisal review, the completed reports will
be submitted to the City for review and establishment of Just Compensation.
7.0 PREPARATION OF OFFER PACKAGES
TASK NO.
7.1 Parcel Files
Establish and maintain an accurate and complete working file for each parcel in a format approved
by the City.
7.2 Subsequent Review Title Reports
Before the "Offer Package" is prepared, complete a second review of County Assessor
information and title reports, paying particular attention to ownership and easement lien, and
encumbrances.
7.3 Review Right of Way Drawings
Review project plans becoming familiar with the project and its impact on the various properties.
Verify information on the project plans, correspond to the legal descriptions, plants, and
information contained in the appraisal reports
7.4 Offer Package
Prepare "Offer Package" in accordance with City approved format. At a minimum, the "Offer
Package' will include a receipt form (listing contents of Offer Package) offer letter, appraisal
summary statement, acquisition brochure, Title VI information, Tenant Information Statement,
Language Translation and language translation for. Before distribution to the acquisition agent,
the complete Offer Package will be submitted to the City Attorney's office for approval.
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7.5 Acquisition /Negotiations on Full-Take Residential Parcels
Coordinate and track communications, negotiation progress, and Consultant success, via an
approved tracking report. Offers to out of area owners will be mailed Certified Return Receipt
Requested.
7.6 Acquisition /Negotiations on Full-Take Commercial Parcels
Complete the acquisition function including performing the necessary field assignments to acquire
these parcels. Coordinate and track communications, negotiation progress, and Consultant
success, via an approved tracking report. Offers to out of area owners will be mailed Certified
Return Receipt Requested.
7.7 Administrative Settlement Proposal Recommendations
For unresolved cases, review and provide a written recommendation together with support
documentation on all counter proposals submitted by the property owners to the City for review
and approval/disapproval.
7.8 City/Owner Liaison
Provide liaison duties between the City, Consultant and property owners.
7.9 Contact Documentation
Thoroughly document all contacts with the acquisition consultant, property owner and/or their
representative indicating attendees, time and place of meetings. Documentation will include
thorough diaries and copies of all correspondence and emails. Diaries should be updated
immediately after each contact, if possible, and retained in the permanent acquisition file.
8.0 RELOCATION ASSISTANCE
TASK NO.
8.1 Prepare Relocation Plan
Complete Relocation Plan in accordance with applicable State guidelines. This will include, by
not limited individual interview of potential displacements, identification of relocation needs and
obstacles, and mitigation measures to support a successfully relocation assistance program. All
State of California procedures for obtaining City Council and adoption of Relocation Plan will be
followed. Any deviation from this procedure must be approved by the City staff and City
Attorneys office.
8.2 Residential Relocation Packages
Prepare "Relocation Package" in accordance with City approved format. At a minimum, the
"Relocation Package' will include a receipt form (listing contents of Relocation Package) General
Information Notice, Relocation Brochure, Title VI information, Certificate of Occupancy
Statement and Language Translation Statement. Before distribution to the relocation agent, the
complete Relocation Package will be submitted to the City Attorney's office for approval.
8.3 Relocation Oversight on Residential Displacements
Distribute Relocation Packages in accordance with City staff directives. Coordinate and track
communications, progress via an approved tracking report.
8.4 Purchase Price Differential or Rental Assistance Payment Entitlement
Review entitlement packages submitted to the City for approval, in accordance with applicable
rules and regulations. This will include but will not limited to market data, selection of most
comparable properties, completion of necessary data forms and calculation of entitlements.
Coordinate approval of the relocation assistance entitlements and document the file accordingly.
8.5 Moving Options
Review requested moving entitlements based on room-count or if necessary, submitted moving
bid estimates. Determine moving option, prepare moving agreement, obtain signatures, if
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required, and monitor move.
8.6 Prepare and Deliver Notices
Prepare and deliver residential entitlement letters, 90 Day Notices to Vacate and if applicable 60-
Day and 30-Day Letters.
8.7 Relocation Advisory Assistance
Provide advisory services consist of providing housing referrals, determining relocation needs,
explaining benefits, performing housing inspections, providing transportation as needed to
displacees searching for replacement housing, providing counseling or advising of other sources of
assistance that may be available.
8.8 First Level Appeals
Coordinate and handle first level appeals, if required.
8.9 Relocatee Contact Documentation
Thoroughly document all contacts with the displace. Documentation will include thorough
diaries and copies of all correspondence and emails.
8.10 Relocation Payment Packages
Review claim packages, process and submit to City staff for approval. File documentation will be
maintained to assure compliance, audit and payment verifications.
9.0 BUSINESS RELOCATION ASSISTANCE -COMPLETED BY OVERSIGHT TEAM
TASK NO.
9.1 Relocation Payment Eligibility
Determine potential eligibility for relocation payments by reviewing eligibility criteria and case
data. Document in case file if displacee is entitled to business relocation payments. including
moving and related expenses, Re-Establishment payment (maximum $10,000) and aSite-Search
payment (maximum $1,000) or In-Lieu payment, (maximum $20,000.)
9.2 Business Relocation Packages
Prepare "Relocation Package" in accordance with City approved format. The "Relocation
Package' will include a receipt form (listing contents of Relocation Package) General Information
Notice, Notice of Eligibility, Relocation Brochure, Title VI information, Certificate of Occupancy
Statement, Language Translation Statement, and Loss of Goodwill Statement. Before distribution
to the relocation agent, the complete Relocation Package will be submitted to the City Attorney's
office for approval.
9.3 Identify Displacee's Needs
Personally interview the displacee to identify in detail displacee's needs and problems. Present
Relocation Package and provide advisory assistance by explaining in detail the options for
payment of reasonable moving expenses, reestablishment and site search reimbursements.
9.4 Personal Property Inventory
Complete a Certified Personal Property Inventory, after completing a site inspection, review of fee
and FF&E appraisal. Review, verify and approve with the assistance of the displacee the
compilation of a certified personal property inventory. This Certified Inventory should be signed
by the business owner and relocation agent. Upon the City concurrence, this information will be
utilized to obtain commercial moving bids.
9.5 Replacement Site & Moving Assistance
Provide assistance in locating a suitable replacement site, obtain all moving bid estimates, assist
relocatee in selecting a move option, select mover, prepare mover agreement, plan moves, monitor
and oversee the move. Ensure all items in the inventory, thus the moving cost estimate, are
actually moved. If items are not moved or not included in moving bid (items which require
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mitigation, items that cannot be moved to replacement site due to zoning, housing codes or other
restrictions), prepares Abandonment Certification and deducts reasonable moving costs if
necessary.
9.6 Determine Eligible Reestablishment Expenses
Determine expenses (e.g., improvements to the property, advertisement, unused license fees,
increased operating costs) necessary and eligible as reestablishment expenses, not to exceed
$10,000.00. Inspect the replacement property, obtain cost estimates, verify previous two years'
expenses and income and project next two years to assess whether increased operating costs will
exist, if necessary. Based on decisions of displacee and program guidelines, determine eligibility
for reimbursement. Ensure all items in the estimate are actually reestablished. Photograph before
and after improvements, review invoices and work performed.
9.7 Abandoned Property
if displacee decides not to relocate some personal property, verify that a bona fide attempt has
been made to sell the items. Determine eligibility for direct loss payment and compute the amount
of payment. Notify the AAWC of any items to be abandoned and ensure those items are not
included in the moving cost estimate. Prepare an Abandonment Certification and have the
displacee sign waiving all rights in property abandoned.
9.8 Site Search Expenses
Determine eligibility for actual reasonable site search expenses not to exceed $1,000.00 under
Title 25 compliance or $2,500 under federally funded projects.
9.9 City/Owner Liaison
Provide liaison duties between the City and business owners.
9.10 Contact Documentation
Thoroughly document all contacts with the business owner and/or their representative indicating
attendees, time and place of meetings. Documentation will include thorough diaries and copies of
all correspondence and emails. Diaries should be updated immediately after each contact, if
possible, and retained in the permanent relocation file.
10.0 ESCROW COORDINATION
TASK NO.
10.1 Monitor Escrows
Coordinate with title companies and open escrows on all purchases. Monitor escrows, review all
escrow documents, request funds from City and ensure that the City receives title insurance
policies in the amount of the purchase cost of the land and improvements and clear title to all
properties acquired. CPSI will also provide multi-lingual (Spanish) services as needed for an
efficient closing.
10.2 Part-Take Acquisitions
Special attention will be taken on part-take acquisitions, due to the difficultly in obtain partial
release documents on a timely basis. At the City's option, the CPSI Team will complete the entire
escrow and work directly with the Title Company to obtain the necessary Title Policy.
11.0 CONDEMATION SUPPORT
TASK NO.
11.1 Condemnation Assistance
Prepare necessary condemnation reports or paperwork for unsuccessful negotiations, and provide
pre-condemnation assistance and testimony for the City Legal Counsel. This includes: obtaining
and reviewing Litigation Guarantees; listing the names and mailing addresses of the appropriate
fee, leasehold, and tenant owners; completion of a summary sheet with recommendation regarding
title issues; and making copies of the contents of the parcel file. CPSI can also provide expert
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testimony regarding appraisal, acquisition and relocation issues.
12.0 PROPERTY MANAGEMENT OVERSIGHT
TASK NO.
12.1 Status Reports
Provide or coordinate with bi-monthly Status Reports showing critical milestones.
12.2 Sub Consultant Management
Provide management and coordination of property management services with City and other
consultants.
12.3 Monitor and Control Budget Expenditures
Prepare, monitor and track project budget expenditures and assist the City with funding
reimbursements.
13.0 DEMOLITION OVERSIGHT
TASK NO.
13.1 Demolition Project Management and Coordination
Assist the City in the advertisement for procurement of and administration of demolition contracts
in accordance with the City policies and procedures for competitive bidding.
13.2 Demolition Specification Bid Preparation
As directed by City assist with the preparation of separate specification bid packages that
abatement and demolition contractors can use to provide a detailed cost estimate. This work will
include site meetings with the contractors fro the bid process, job walk, and the preparation of an
addendum for clarification of any question in regards to specification changes if required.
13.3 Asbestos Abatement Monitoring & Visual Clearances
Monitoring of the project during the abatement process. Collect and file in the City's Post
Acquisition File all documentation collected during the process.
13.4 Demolition Supervision & Coordination
Provide adequate field supervision of demolition activities to ensure compliance with all City
policies and procedures as well as all terms of the demolition contract.
13.5 Project Reporting and Closeout
Review and approve demolition consultant's work and submit completion reports to the City
recommending payment as necessary.
14.0 COMPLIANCE AND QUALITY CONTROL
TASK NO.
14.1 Project Responsibilities
CPSI Right of Way Project Director will be responsible for proper compliance and quality control
on all right of way activities. This includes interpretation and implements applicable laws,
regulations and policy, and assisting the City in resolving conflicts among administrative policies,
departments, and consultants.
14.2 File Closeout
CPSI Team will audit all acquisition, relocation and post acquisition files to assure compliance
with applicable regulations. Corrective actions will be coordinated with the City and consultant.
A tracking report will be generated showing the receipt of the consultant file, the consolidation
and review date, comments regarding non-compliance, corrective action taken, and close-out date.
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General real estate services & other related services
Bristol Pine to McFadden - remainder work
Bristol Third to Civic Center
17` /Bristol Intersection
Warner/Bristol Intersection
Grand Avenue
Mohawk/Edin er
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EXHIBIT B-1
2008-2009 HOURLY RATE SCHEDULE
~.
Ri ht of Wa Pro'ect Director •
$
110.00
Pro'ect Mana er $ 9s.00
Senior Ac uisition-Relocation A ent $ 90.00
Acquisition/Relocation Agent $ gs.oo
ROW Technician $ ~s.oo
Clerical Support $ so.oo
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered
into on November 17, 2008, by and between Overland, Pacific & Cutler, Inc., a
California corporation ("Consultant") and the City of Santa Ana, a charter city and
municipal corporation of the State of California ("City").
RECITALS:
A. The parties entered into Agreement A-2005-102, dated May 16, 2005, (llcreinafter
"said Agreement") by which Consultant has provided right-of--way services, including
project management, appraisal and acquisition.
B. In accordance with the terms and conditions of said Agreement, the parties wish to
amend said Agreement to provide additional compensation to allow for the
continuation of services.
NOW THEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
Second Amendment to Consultant Agreement, the parties agree as follows:
1. Section 2.a., COMPENSATION, shall be amended to increase compensation by
$300,000 for a total not to exceed amount of $650,000. Commencing upon execution of
this Second Amendment, Consultant's fee schedule shall be amended as set forth in
Exhibit B-1, attached hereto.
2. Except as hereinabove modified, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Consultant Agreement on the date and year first written above.
ATTEST: CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Laura Sheedy
Assistant City Attorney
DAVID N. REAM
City Manager
OVERLAND, PACIFIC &
CUTLER, INC.
BARRY MCDANIEL, CEO
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EXHIBIT B-1
Hourly Rates
Project Management
Senior Consultant
Consultant
Property Manager
Project Support
$135.00 per hour
$115.00 per hour
$105.00 per hour
$ 74.00 per hour
$ 74.00 per hour
Local mileage, photocopying, first class postage, telephone, facsimile and cellular connnunication
charges will not be billed. Out-of-pocket expenses including pre-approved travel and lodging,
outside exhibit preparation, requested overnight courier, registered or certified mailings, and
specialty reproduction will be charged at cost plus ten percent (+10%) for administration,
coordination and handling. Subcontracted services will be invoiced at cost plus ten percent
(+ 10%).
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