HomeMy WebLinkAboutCC RESO 15,897RESOLUTION NO. 15,897
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
SIGN AN AGREEMENT WITH WILLDAN ASSOCIATES FOR
FURNISHING RIGHT-OF-WAY ACQUISITION AND
RELOCATION ASSISTANCE FOR EUCLID AVENUE FROM
20TH STREET TO 22ND STREET
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to sign an agreement
with WILLDAN ASSOCIATES for furnishing right-of-way acquisition and
relocation assistance for Euclid Avenue from 20th Street to
22nd Street, a copy of which is attached hereto as Exhibit "A."
PASSED AND ADOPTED this 7th day of March, 1989.
ATTEST:
en Ai O /vw 8� S2.012J2
L I ANNE PEOPLES, Clity Clerk
APPROVED AS TO FORM:
GEORGE H. WATERS, Mayor
GEORGE H. EISER, III, City Attorney
1
A21fEaTt1T
BY AND BE MET,
TEE CITY CF ! TE:UAL CITY
AND
WILLEVAN ASSOCIATES
THIS Aamr2nrr is entered into this ''7 4 day of m Akctl
19 , by and between the CITY OF NATIONAL CITY, a public body (the
"CITY") , and Wihlan Associates (the "C:VS'JLTANT`) .
RECITALS
VNEREAS, the CITY desires to employ a CC:]SULTP T to furnish right-of-
way acquisition are relocation assistance for Euclid Avenue from 20th to
22nc: Street and
WHEREAS, the CITY has determined that the C NSULTAIT is qualified by
experience and ability to perform the services desired by the CITY, and the
c0' SULTtu'I' is willing to perform such services.
TI- bru..E, TP.0 PARTIES I'F"'2ItO DO I'_'iJTUALLY AGREE AS FOLLOWS:
I. ITTICYNENT OF CONSULTANT. The CITY hereby agrees to engage the
CO 'SULTANT and the CONSULTANT hereby a, ccs to perform the services
hereinafter set forth, in accordance with all terms and conditions
contained herein.
The CONSULTANT represents that all professional services require=
hereunder will be performed directly by the CONSULTANT, or under direct
supervision of the CONSULTANT.
;'T.
II. SCOPE OF SERVICES. TEE CJ'_'7SULTF ?i will perform services as set
forth in the attached Exhibit "A" (Scope of Work). Work to be done by
others is set forth in the attached Exhibit "B". Consultant services
reeuirinq court appearances are not considered a part of the normal work
subject to cee.pensation and: payment listed in Section IV.
?ev. 9/6/F8 -1-
The C':SULTAST shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such
services, except as authorized in advance by CITY. The CONSULT.t1iT shall
appear at meetings cited in Exhibit "A" to keep staff, Planning Commission
and City Council advised of the progress on the project.
III. PROJECT ODOM Lh'.. MUl? A) supmVtSIO! . The City Engineer hereb_/
is designated as the Project Coordinator for the CITY and will monitor the
progress and execution of this Agreenent. The CD:ISLLLTF1"T shall assign a
single Project Director, to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the
CONSULTANT. =HAM N. GREEN hereby is dssignated as the Project !-ana;er
for the CONSULTANT.
IV. a'T.TE..STTIO'1 P::^ DAY r. The csrpensation for the corsuurwr
shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours
corked and also materials, if any. The total cost for all work cescriW
in Exhibit "A" shall be paid for at the rates given in Exhibit 'b" with the
total cost not to exceed $25,600 without prior written authorization from
the City Engineer.
Ebnthly invoices will be processed for payment and remitted within
thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with the Exhibit "A" (Scope of Fork) as determines
by the CITY.
V. LENGTH OF CONTRACT. Completion crates or time durations for
specific portions of the project are set forth in Ekhibit "C" . The
contract between the cazsurffparr and the CITY will be terminated upon
completion of the work as set forth in Exhibit "A".
Pev. 9/6/68 -2-
VI. DISPOSITION Ot PL N6, Y't✓ vim - i� v::•.: u. w .ntwi:i
agrees that all original drawings, reports, field and office notes,
calculations, maps and other documents, shall be turned over to the CITY
prior to the completion of the PROJECT.
VII. nNi »1 er,N'DENT CONSULTANT: Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint ventures with one another, CONSULTANT
is not an employee of CITY and is not entitled to any of the rights,
benefits, or privileges of CITY employees, including but not limited to
medical, unenployment, or workers' compensation insurance.
This Agreement contemplates the personal services of 02USULTANT and
CONSULTANT'S employees, and it is recognized by the pasties that a
substantial inducement to CITY for entering into this Agreement was, and
is, the professional reputation and competence of CONSULTANT and. its
employees. Neither this Agreement nor any interest herein may be assigned
by CONSULTANT without the prior written consent of the CITY ENGI: ..
Not ing herein contained is intended to prevent CONSULTANT from employing
or hiring as many employees as the C) SULTANT ray deem necessary for the
proper end efficient performance of this Agreement..
.1}y
VIII. CONTROL Neither CITY nor4officers, agents or employees shall
have any control over the conduct of the CONSULTAPYT or any of the
CONSULTANT'S employee's except as herein sot forth, and the CONSULTANT
e: pressly agrees not to represent that the CONSULTANT or the CJ ;SULTr;;T' S
agents, servants, or employees are in any manner agents, servants or
employees of the CITY, it being understood that the QLSULTA"7T, its agents,
servants, and employees are as to CITY wholly independent CONSULTA*'TS and
that the CONSULTANT'S obligations to CITY are solely such as are prescribed
by this Agreement.
Rev. 9/6/88
IX. C 'LIAN. tTITF APPLIC 3Ty I.Aa: CONSULTANT, in the performance
of the services to be providaa herein, shall comply with all statutes,
State or Federal, and all ordinances, rules and regulations of the City of
National City whether now in force or subsequently enacted.
STAND RD P^i'ISIWS. The CONSULTANT will not discriminate against
any employee or applicant for employment because of race, color, religion,
sex or national origin. The CONSULTANT will take affirmative action to
insure that applicants are employed without regard to their race, color,
religion, sex or national origin. Such action shall include but not be
limited to the following: employment, upgrading, demotion, transfer,
recruitment, or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including
apprenticeship. The OU:;SULTA:'T agrees .to post in conspicuous places
available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
The CITY may terminate this Agreement at any tine by giving written
notice of same and specifying the effective date thereof, at least ten (10)
days before the effective date of such termination.
The CONSULTANT nay terminate this Agreement, with the mutual consent
of the CITY, at any time by giving written notice of sane and specifying
the effective date thereof, at least ten (10) days before the effective
date of such termination.
If the Agreement is t
e
termination.
In the event of litigation over the performance of this Agreement, the
prevailing party shall be entitled to attorney's fees and costs incurred
during the course of litigation.
Rev. 9/6/88
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XI. INDEMNIFICATION, DEFENSE, HOLD HAMMESS. ss. CONSULTANT hereby agrees to
indemnify and hold harmless CITY, its officers, and employees, fran and
against liability, damages, costs, losses, claims and expenses, resulting
directly from CONSULTANT'S negligent perfo :trance of this agreement
(including, but not limited to such liability, cost, damage, loss, claim,
or expense arising from the death or injury to an agent or employee of
CONSULTANT, subcontractor, or of CITY; or damage to the property of
OX SULTAi rr, subcontractor, or of CITY, or of any agent or employee of
CO:dSULTAIT, subcontractor, or of CITY), except where such liability,
damages, costs, losses, claims or expense are caused by the negligent.or
wrongful acts of CITY or any of its agents or employees including negligent
omission or commissions of CITY, its agents or employees, in connection
with the general supervision or direction of the work to be performed
hereunder.
XII. 110RE=:?' S CO • ISATION Consultant shall comply with all of the
provisions of the Workers' Cornpensation Insurance and Safety Acts of the
State of California, the applicable provisions of Division 4 and 5 of the
California Government Code and all amendments thereto; and all similar
state or Federal acts or laws applicable; and: shall indemnify, defend and
hold harmless CITY from and against all claims demands, payments, suits,
actions, proceedings ends judgments of eve_ • nature and description,
including attorney's fees and costs presented, brought or recovered against
CITY, for or on account of any liability under any of said acts which nay
be incurred by reason of any work to be performed'. by O}?SULTA':T under this
agreement.
Rev. 9/6/C8
-5-
XIII. INSURANCE In adrlition to the Worker's Compensation insurance
and ODNSULTA! T'S agreement to inde*-nify CITY, CT7::SULTr T shall furnish to
CITY and maintain in force until the completion of PROJECT a policy of
general liability insurance in which CITY is named as an additional
insured. The policy shall indemnify CITY, its officers and employees,
while acting within the scope of their duties, against any and all claims
arising out of or in connection with PROJECT. The policy shall provide
coverage in not less than the following arounts: Combined single limit
bodily injury and/or property damage of $300,000 per occurrence Such
insurance coverage which may be applicable to the loss shall be deemed
excess coverage and CONSULTANTS insurance shall
be primary.
OD`?SULT7'!'T
shall also furnish to CITY and sain},ain in force until the completion of
PROJP7r a policy of Errors and Omissions Insurance for $100,000}' A
certificate of all such insurance policies required by this agreement shall
be delivered to the Engineering Department prior to the cariencement of any
work. No such insurance shall be cancelled es-sisElM4eg without thirty (30)
days' prior written notice to CITY.
Y_IV. GT!':I."'. Q% Ysirr";ATICTI. Nothing contained herein shall prevent
CXXSULTArT from carrying on its usual business, including the performance
of other additional services for the CITY, should the CITY desire
additional services, nor from performing similar services for other
agencies, cities, districts or public or private entities.
xv. CYJTE T. This Agreement sets forth the entire understanding of
the parties with respect to the subject ratters herein. There are no other
understandings, terms or other agree Bents expressed or implied, oral or
written, except as set forth herein.
Rev. 9/6/88 -6-
a�J
XVI. Ii0'TIC S. All communications to either party by the other party
shall be deemed made when received by such party at its respective nave and
address, as follows:
City Engineer
City of National City
1243 National City Boulevard
National City, Ca 92050
Willduk Associates
Consultant Name
6363 Greenridge Drive Ste. 250
Address
San Diego, CA 92122
MI WITNESS 1•'1'E EOF, the CITY and CONSULTANT have executed this
Agreement as of the date first written above.
CITY OF NATIC Th.L CITY
BY: 1J,.% L�
lLYOR WATERS
ATrr2.ST:
BY:
LORI PDOPLES, CITY Ci :i:
Rev. 9/6/88
-7-
CONSULTANTS N.?E
EXHIBIT "A"
SCOPE OF WORK
AOQ JISIlIO`:
1. Review title/litijatior_ reports and appraisal reports, and other
documents in sufficient detail to prepare and negotiate with the
property amers and other parties to obtain the title in the real
property as red^: fixed by the City.
2. Prepare legal descriptions and plats for each parcel to be accuir_'.
Prepare a richt-of-way nap delineating the some and' nature of all of
the properties to be accui rest.
4. Prepare and personally deliver, if physically possible , the offer to
purchase, and: the summary of the appraisal •to acci?re the necessary
interests, to each of the property owners it accordance with the
applicable Federal, State, and City cuiC elin_es.
5. i"eet with each of the property owners and present offers, o plain the
accui sition process, and rather information. Follow-up and negotiate
with each property c ner, as necessary, to resolve any problenn
attempt to arrive at a nutually agreeable settlement. rvery
reasonable effort shall he nac'e to negotiate with each of the propert:
cutlers or his representative on a person -to -person basis.
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E h_i."it "A"
! c pe of Work
Page tuo
6. Provi•=:e each piu, rty owner with an ao:_uisi tien_ brochure that explains
acquisition procedures.
7. Prepare for review ane ap:Tcva1 by the City Council all cf the:
purchasin j documents for acquisition of i_t-e interest bei ns ac;_`.i rPC .
0.
Oven escrow with City' s escrow hol c'er, an:' coordinate escrow
activities on behalf of the City.
Coordinate acciisitior with the City Gtaff, appraiser„ relocation
consultant, 1 2 ' ' ' err.l counsel. This
^^.` "3_O")er'i`.' O:h.:as, 2_^_C' the Cluj 1 �
include: prompt transmittal of executer' documents (notarize' deeds,
ecarow instructions, etc) to the City for acceptance ane pryssin.
10. neco;nend alternative alvroac' yes came coneemnation action, if
necessary, and submit required ired justifications in writins to the City.
11. Maintain an acquisition file, a diary of all contacts and pc-tiinant
information, for each oarcel involves'. Provide a written monthly
sur..• report on the status the of each irrcel.
c
Scope of Work
Page three
12. Provide the City with a copy of all written correspondence between the
consultant and other parties.
PFICCATION ASSISTANCE:
This section is for providing on -site or off -site relocation assistance for
each parcel.
1. Provide advisory services as required by the City and. deliver to each
displaced resident informational brochures and claim forms, as
necessary, in both Spanish and English.
2. Conduct in-depth personal interviews with displacees to determine
relocation requirements, explain relocation program and determine
eligible benefits.
3. Provide on -going contact with displacees, including referrals to
replacement sites, and other personal services, as required.
4. Prepare and maintain complete, separate files on displacees. Include
diary entries for each contact made with displacees.
5. Conduct feasibility study and plans for on -site relocation, if
required.
6. Prepare all required claim forms, and deliver to displacees for
execution.
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Exhibit "2 "
Scope of York
Page four
7. Submit executes' claim ferns to the City for approval and preparation
of benefit checks.
8. Deliver benefit checks to displacees.
9. Respond to the City's needs by coordinating relocation assistance
efforts with the City staff, acquisition agents, appraisers, and
City's counsel.
10. Provide all services in cxrroliance with State and Federal regulations
and/or guidelines.
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EXHIBIT " B "
WORK ?OBE ram BY O' fmRS
The City will provide:
1. Preliminary title reports
2. Appraisal reports
3. Title and escroa7 fees
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EXHIBIT
INC•
Time is an essence of the contract. Consultant shall perform diligently
the work described in Exhibit "A".
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EXHIBIT " D "
akZra:SPTIOM AND PAY! - IT
The Consultant is to canplete the project on a time and materials basis
with a not to exceed a fee of $25,600.00. The fee is based on the
following breakda n:
Acquisition:
8 parcels @ $1,300 per parcel $10,400
Relocation:
8 Relocations (S1,250 per parcel $10,000
Picht-of-Way l gals and Sketches:
8 parcels @ 450 per parcel $ 3,600
Right -of -may Map ¢ 1,600
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Exhibit "D"
Page too
FEE RATE
CLA.SIFICATI t PER MLR
Principal Engineer c 105.00
Division Manager 93.00
Project Director 90.00
Supervising Engineer 86.00
Senior Engineer 78.00
Project _►.anger 77.00
Associate Engineer 68.00
Senior Designer 64.00
Senior Public Works Observer 59.00
Senior Design Engineer 55.00
Senior Drafter 53.00
Associate Transportation Planner 60.00
Asst. Transportation Planner 47.00
Design Engineer 51.00
Designer 49.00
Public arks Observer 49.00
Drafter 43.00
Junior Drafter (Technical Aide) 36.00
Senior Real Property Agent 84.00
Real Property Agent 70.00
Assistant Real Property Agent 59.00
Taco -;an Field Party 140.00
Three -Ilan Field Party 180.00
Secretarial 32.00
Supervisor, Special Districts Services 84.00
Special Districts Analyst II 59.00
Special Districts lnalyst I 49.00
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