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HomeMy WebLinkAboutCC RESO 91-7RESOLUTION NO. 91-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WILLDAN ASSOCIATES FOR PROPERTY ACQUISITION AND RELOCATION ASSISTANCE SERVICES FOR THE POLICE FACILITY SITE BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an agreement with Willdan Associates for Property Acquisition and Relocation Assistance Services for the Police Facility Site. PASSED and ADOPTED this 22nd day of January, 1991. George H. Waters, Mayor ATTEST: CL c-14/1. AA.-L-0 Lox'.Anne Peoples, Ci yCierk APPROVED AS TO FORM: alt Geore H.'Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WILLDAN ASSOCIATES THIS AGREEMENT is entered into this 22nd day of January, 1991, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "City"), and WILLDAN ASSOCIATES, (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide property acquisition and relocation assistance services for the police facility site. WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. EMPLOYMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all professional services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work). The CONSULTANT 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 CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. The City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Michael N. Green hereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "D" (Schedule of Compensation) without prior written authorization from the City Engineer. 2 Monthly 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 Work) as determined by the CITY. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C" (Schedule of Completion). The Agreement between the CONSULTANT and the CITY will be terminated upon completion of the work as set forth in Exhibit "A". 6. DISPOSITION OF PLANS, SPECIFICATIONS. The Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project are instruments of the CONSULTANT's service for use solely with respect to this Project, and the CONSULTANT shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The CITY shall be permitted to retain copies, including reproducible copies of the CONSULTANT's Drawings, Plans, Specifications and other documents for information and reference in connection with the CITY's use and occupancy of the Project. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. 3 This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employee's except as, herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided 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. 4 10. STANDARD PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take affirmative action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, marital status, national origin, physical handicap, or medical condition. 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 CONSULTANT 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 time 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 may terminate this Agreement, with the mutual consent of the CITY, at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. If this Agreement is terminated by the CITY as provided herein, the CONSULTANT shall be paid for all effort and material expended on behalf of the 5 CITY under the terms of this Agreement, up to the effective date of termina- tion. 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. 11. HOLD HARMLESS. The CONSULTANT agrees to indemnify, pay for the defense of, and hold harmless the City of National City, its officers and employees against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONSULTANT's negligent acts during the performance of this Agreement. 12. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation 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 the CITY and its officers and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers or employees for or on account of 6 any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 13. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: a. Automobile insurance covering all bodily injury and property liability incurred during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non - owned vehicles. b. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. c. Workers' compensation insurance covering all of its employ- ees and volunteers. d. The aforesaid policies shall constitute primary insurance as to CITY, its officers, and employees, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation. e. Said policies, except for the worker's compensation policy, shall name CITY and its officers and employees as additional insureds. f. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. g. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall endeavor to maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. 14. OTHER CONSIDERATION. Nothing contained herein shall prevent the CONSULTANT 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. 8 15. CONTENT. This Agreement sets forth the entire understand- ing of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. 16. NOTICES. All communications to either party by the other party shall be deemed made when received by such party at its respective name and address as follows: City Engineer City of National City 1243 National City Blvd. National City, CA 91950 Tel: (619) 336-4380 FAX: (619) 336-4376 Willdan Associates 290 S. Anaheim, Suite 100 Anaheim, CA 92805-3896 Tel: (714) 774-5740 FAX: (714) 774-6468 (The CONSULTANT) 9 IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY CONSULTANT By M—/1/ George H. aters, Mayor APPROVED AS TO FORM: By 6i i .2IE. George H. Eiser, III City Attorney 10 By EXH282T "A" SCOPE OF WORK ACQUISITION SERVICES 1. Review the appraisal reports, and any other applicable documents to prepare and negotiate with the property owners and any other interested parties to obtain the title in the real properties. 2. Prepare and personally deliver, if physically possible, the offer to purchase, and the summary of the appraisal to acquire the necessary interests, to each of the property owners in accordance with the applicable Federal, State, and City requirements. 3. Meet with each property owner and present the offers, explain the acquisition process, and gather other pertinent information. Follow- up and negotiate with each property owner, as necessary, to resolve any problems, and attempt to arrive at a mutually agreeable settlement. Every reasonable efforts shall be made with each of the property owners, or his representative on a person -to -person basis. Provide unlimited number of telephone and letter contacts and a maximum of four personal contacts per parcel. 4. Provide each property owner with an acquisition brochure that explains acquisition procedures. 5. Prepare for the review and approval by the City Council all of the purchasing documents for the acquisition of the properties or interest being acquired. 6. Open escrow with the City's escrow holder, and coordinate escrow activities on behalf of the City. 7. Coordinate acquisition with the City staff, property owners, and the City's legal counsel. This includes prompt transmittal of executed documents (notarized deeds, escrow instructions, etc.) to the City for the acceptance and processing. 8. Recommend alternative approaches and condemnation action, if necessary, and submit required justifications in writing to the City. 9. Assist the City's selected escrow company in securing partial release and reconveyance from the acquired property beneficiaries. 10. Maintain an acquisition file, a diary of information, for each parcel involved. summary report on the status of each parcel. 11. Provide the City with a copy of all written consultant and other parties. Page 1 of 2 all contacts, and pertinent Provide a written monthly correspondence between the Exhibit "A" cont. Scope of Work RELOCATION ASSISTANCE: 1. Provide and deliver to the displacee appropriate residential and/or commercial occupant informational brochures and claim forms and provide service of notice as required. 2. Conduct in-depth personal interviews with displacee to determine relocation requirements, explain relocation program and determine eligible benefits. 3. Provide ongoing contact with displacee including referrals to replacement sites, appropriate social service agencies, and other personal service as required. 4. Prepare and maintain a complete separate file on displacee. Include diary entries for each contact made with displacee. 5. Inspect all residential replacement dwellings to ensure that they meet decent, safe and sanitary requirements as required by State guidelines. 6. Prepare all required claim forms including computations of claim amounts and deliver to displacee for execution. 7. Submit executed claim forms to the City approval and preparation of benefit checks. 8. Deliver benefit checks to displacee. 9. Respond to City's needs by coordinating relocation assistance efforts with City staff, acquisition agents, appraisers, and City Attorney. 10. Prepare answers to appeals by displacees at first stage level. SERVICES NOT INCLUDED IN THIS CONTRACT: 1. Property management and/or rent collections are not included in the Consultant's Scope of Work. These services can be provided and would be billed separately at an hourly rate. 2. Meeting with City staff, City Council meeting attendance, and meetings required by appeals to resolve problems are not included in the Consultant's Scope of Work. Page 2 of 2 EXHIBIT "B" WORK TO BE DONE BY OTHERS The City will provide: 1. Preliminary Title Reports 2. Appraisal Report 3. Title and escrow fees E2.CH233IT "C" Time is an essence of the contract. Consultant shall perform diligently the work described in Exhibit "A". EXH=BST "D" COMPENSATION AND PAYMENT The Consultant is to complete the project on a time and material basis with a not to exceed fee of $25,330.00. The fee is based on the following breakdown: Meetings with City Staff $ 1,280.00 Acquisition Services (for 7 parcels) 11,550.00 Relocation Services: 3 Residential Properties 4,500.00 4 Commercial Properties 8,000.00 Total Cost $ 25,330.00 Any work required by the City beyond the described scope of services in Exhibit "A" will be billed to the City at the Consultant's hourly rate shown on Exhibit "E". EXHIBIT "E" SCHEDULE OF HOURLY RATES July 1, 1990 - June 30, 1991 Classification Fee Rate per Houk Engineering Sr. Consultant $135.00 Principal Engineer 118.00 Division Manager 108.00 City Engineer 108.00 Project Director 105.00 Supervising Engineer 98.00 Sr. Engineer 88.00 Sr. Project Manager 88.00 Project Manager 80,00 Associate Engineer 80.00 Engineering Associate 80.00 Sr. Design Engineer 67.00 Design Engineer 61.00 Sr. Designer (CADD) 80.00 Sr. Designer 73.00 Designer (CADD) 73.00 Designer 56.00 Sr. Drafter (CADD) 61.00 Sr. Drafter 61.00 Drafter (CADD) 56.00 Drafter 49.00 ---Technical Aide 41.00 Surveying Division Manager 108.00 Supervisor - Mapping Services 98.00 Sr. Survey Analyst 80.00 Sr. Calculator 80.00 Calculator II 67.00 Survey Analyst II 67.00 Calculator I 56.00 Survey Analyst I 56.00 Supervisor -Survey 88.00 Survey Party Chief 84.00 Two -man Field Party 145.00 Three-man Field Party 190.00 � ''� PA7s.-Gr:': t>T /. C.-;IHT'OCAH NH? lTM f:;:t7T IF.. /.T NHf EXHIBIT "E" (Continued) Classification Fee Rate per Hour Construction Observation Supervisor -Public Works Observation Sr. Public Works Observer Public Works Observer Real Property Service Real Property Agent -----Real Property Agent --Assistant Real Property Agent SpeciaiJ)istricts Division Manager Supervisor - Special Districts Services Senior Special Districts Coordinator Special Districts Coordinator Special Districts Analyst II Special Districts Analyst I Technical Aide Planning Division Manager Principal Planner Sr. Planner Planning Associate Planning Assistant Planning Technician Community Development Services Coordinator Sr. Community Development Specialist Community Development Specialist Buildingand Safety Division. Manager Plan Check Engineer Supervisor - Building Inspection Plans Examiner Building Inspector Sr. Permit Specialist Assistant Building Inspector Plans Examiner Aide Permit Specialist $ 77.00 67.00 57.00 98.00 80.00 67.00 108.00 98.00 88.00 80.00 67.00 56.00 41.00 108.00 98.00 80.00 73.00 61.00 45.00 88.00 73.00 61.00 108.00 79.00 71.00 68.00 61.00 55.00 51.00 44,00 44.00 EXHIBIT "E" (Continued) Classification. Fee Rate per Hour Landscape Architecture Division Manager Principal Landscape Architect Sr. Landscape Architect Associate Landscape Architect Assistant Landscape Architect $108.00 88.00 73.00 67.00 56.00 Computer Division Manager 108.00 Manager - Computer Operations 80.00 Sr. Software Engineer 67.00 Sr. Program Analyst 67.00 Program Analyst 56.00 Programmer 45.00 Computer Data Entry 42.00 Computer Time 38.00 Other Secretarial 38.00 Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Ovcrtitnc will be charged at 1.25 tunca the standard hourly rates. Sundays and holidays will be charged at 1.70 times the standard hourly rates. The foregoing wage rates are effective through. June 30, 1991 and may be adjusted after that date to Compensate for labor adjustments and other tnrra25a5 in lahnr rgct4