HomeMy WebLinkAbout2007 CON CDC Overland Pacific & Cutler - Cove at San Diego Bay ProjectAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND
OVERLAND PACIFIC & CUTLER, INCORPORATED
THIS AGREEMENT is entered into this 21st day of August 2007, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and OVERLAND PACIFIC
CUTLER, INCORPORATED, a California Corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to retain CONTRACTOR to provide
relocation consultant services for the Cove at San Diego Bay Project located on one
City block bound by National City Boulevard, Roosevelt Avenue, and 11th and 12th
Streets within National City, CA; and
WHEREAS, the CDC has determined that the CONTRACTOR is a
qualified and experienced relocation consultant firm, and has ability to perform the
services desired by the CDC; and the CONTRACTOR is willing to perform such
services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR, or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached EXHIBIT A. The CONTRACTOR shall be responsible for all
research and reviews related to the work and shall not rely on personnel of the CDC for
such services, except as authorized in advance by the CDC. The CONTRACTOR shall
appear at meetings as required and requested to keep staff and the CDC advised of the
progress of PROJECT assignments.
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to timer reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CDC and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services.
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3. PROJECT COORDINATION AND SUPERVISION. Senior Project
Manager Xavier Del Valle hereby is designated as the Project Coordinator for the CDC
and will monitor the progress and execution of this Agreement. The CONTRACTOR
shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR.
Vince McCaw is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR 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
$38,000 without prior written authorization from the CDC. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice,
provided that work is accomplished consistent with Exhibit A as determined by the
CDC.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CDC and for furnishing of copies to the
CDC, if requested.
5. LENGTH OF AGREEMENT. The AGREEMENT shall continue until
all relocation services for the Project are completed, or until terminated by the CDC for
cause or convenience at its unilateral discretion.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
memoranda, reports, maps, drawings, plans, specifications and other documents
prepared by the CONTRACTOR for the PROJECT assignments, whether paper or
electronic, shall become the property of the CDC for use with respect to this PROJECT,
and shall be turned over to the CDC upon completion of the PROJECT, or any phase
thereof, as contemplated by this AGREEMENT.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this Agreement, except upon the
CDC's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR
expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
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Any modification or reuse by the CDC of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CDC, or for any liability to the CDC should the documents be used by the CDC
for some project other than what was expressly agreed upon within the Scope of
Services, unless otherwise mutually agreed.
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. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and
are not entitled to any of the rights, benefits or privileges of the CDC's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This AGREEMENT contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CDC for entering into this AGREEMENT
was, and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this AGREEMENT nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CDC. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many employees
or subcontractors as the CONTRACTOR may deem necessary for the proper and
efficient performance of this AGREEMENT. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
AGREEMENT.
8. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR, or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants or employees are in any manner agents, servants or employees of the
CDC, it being understood that the CONTRACTOR, its agents, servants and employees
are as to the CDC wholly independent contractors, and that the CONTRACTOR's
obligations to the CDC are solely such as are prescribed by this AGREEMENT.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
state and federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this AGREEMENT.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
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keep in effect at all times during the term of this AGREEMENT, any license, permit or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
AGREEMENT, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR's trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this AGREEMENT,
the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5)
years preceding, been debarred by a governmental agency or involved in debarment, or
arbitration proceedings conceming the CONTRACTOR's professional performance, or
the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the PROJECT assignments the CONTRACTOR has been retained to perform, within
the time requirements of the CDC, or, when no time is specified, then within a
commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the
CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the PROJECT documents prepared for the CDC are reasonably
commercially available. any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for completion of PROJECT
assignments in the time frame specified or, when not specified, then within a
commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, 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 CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CDC setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
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CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CDC. The CONTRACTOR shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
AGREEMENT without the prior written consent of the CDC. In its performance
hereunder, the CONTRACTOR shall comply with all legal obligations it may now or
hereafter have respecting the information or other property of any other person, firm or
corporation. ONTRACTOR shall be liable to CDC for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from
any and all liability, Toss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S
negligent performance of this AGREEMENT.
15. WORKERS' COMPENSATION. The CONTRACTOR 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, and hold harmless the CDC and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CDC or
its officers, employees or volunteers for, or on account of, any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this AGREEMENT.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this AGREEMENT, the following
insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
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B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this AGREEMENT, with a minimum
coverage of $1,000,000 combined single limit per accident. Such automobile insurance
shall include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this AGREEMENT.
D. Workers' compensation insurance covering all of CONTRACTOR'S
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CDC, its officers, and employees so that any other policies held by the CDC shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this
AGREEMENT.
H. Any aggregate insurance limits must apply solely to this
AGREEMENT.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. 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 CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
AGREEMENT, the CDC may elect to treat the failure to maintain the requisite insurance
as a breach of this AGREEMENT and terminate the AGREEMENT as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements, or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this AGREEMENT, then in that event, the prevailing party in such action
or dispute, whether by final judgment or out -of -court settlement, shall be entitled to
have and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
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For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited
to the amount of attorney's fees incurred by the CDC in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this AGREEMENT, or the breach thereof, the parties agree first to try, in good faith,
to settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this AGREEMENT, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for, and bear the costs of,
its own experts, evidence and attorneys' fees, except that the arbitrator may assess
such expenses or any part thereof against a specified party as part of the arbitration
award.
19. TERMINATION.
A. This AGREEMENT may be terminated with or without cause by the
CDC. Termination without cause shall be effective only upon 60-day's written notice to
the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all
services in accordance with this AGREEMENT.
B. This AGREEMENT may also be terminated immediately by the
CDC for cause in the event of a material breach of this AGREEMENT,
misrepresentation by the CONTRACTOR in connection with the formation of this
AGREEMENT, or the performance of services, or the failure to perform services as
directed by the CDC.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished memoranda
reports, maps, drawings, plans, specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of,
and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CDC by the
CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall
vest in the CDC all rights set forth in Section 6.
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E. The CDC further reserves the right to immediately terminate this
AGREEMENT upon: (1) the filing of a petition in bankruptcy affecting the
CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors;
or (3) a business reorganization, change in business name or change in business
status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email;
and, shall be deemed received upon the earlier of (i) if personally delivered, the date of
delivery to the address of the person to receive such notice, (ii) if sent by overnight mail,
the business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile, fax or email, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CDC:
Patricia Beard, Redevelopment Manager
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Overland Pacific & Cutler, Inc.
Attention: Vince McCaw, Senior Project Manager
3170 4th Avenue, Suite 200
San Diego, CA 92103
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this AGREEMENT, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Community Development Commission of the City of National City.
The CONTRACTOR also agrees not to specify any product, treatment, process or
material for PROJECT assignments in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CDC of that fact.
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The CONTRACTOR shall at all times comply with the terms of the Political Reform Act
and the National City Conflict of Interest Code. The CONTRACTOR shall immediately
disqualify itself and shall not use its official position to influence in any way any matter
coming before the CDC in which the CONTRACTOR has a financial interest as defined
in Government Code Section 87103. The CONTRACTOR represents that it has no
knowledge of any financial interests that would require it to disqualify itself from any
matter on which it might perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CDC for all damages,
costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this AGREEMENT is or ends on a Saturday, Sunday or federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or Federal, state or legal holiday.
B. Counterparts. This AGREEMENT may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this AGREEMENT are solely for the convenience of the parties hereto,
are not a part of this AGREEMENT, and shall not be used for the interpretation or
determination of the validity of this AGREEMENT or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this AGREEMENT shall not be deemed
to confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this AGREEMENT. The terms of this AGREEMENT
may not be modified or amended except by an instrument in writing executed by each
of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
AGREEMENT shall not operate as a waiver of any future breach of any such provision
or any other provision hereof.
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H. Applicable Law. This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire AGREEMENT. This AGREEMENT supersedes any prior
agreements, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto, shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This AGREEMENT shall be binding
upon, and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that: (i) each
party is of equal bargaining strength; (ii) each party has actively participated in the
drafting, preparation and negotiation of this AGREEMENT; (iii) each such party has
consulted with, or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this AGREEMENT; (iv) each party and such
parry's counsel and advisors have reviewed this AGREEMENT; (v) each party has
agreed to enter into this AGREEMENT following such review and the rendering of such
advice; and, (vi) any rule or construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in the interpretation of this AGREEMENT, or
any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY
OF NATIONAL CITY
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
By: > 2E
George . Eiser, III
CDC Legal Counsel
OVERLAND PACIFIC & CUTLER, INC.
B. rry R. Daniel
Chief Executive Officer
ark L
Vice-pres
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Exhibit A
Scope of Work
Relocation Plan Preparation
Overland, Pacific & Cutler, Inc. will prepare a Relocation Plan, which shall conform with all
requirements of State Law, State HCD Guidelines, the Relocation Assistance and Real Property
Acquisition Rules and Regulations of the Agency as they exist or may be amended from time to time.
Relocation Assistance Program Implementation
Overland, Pacific & Cutler, Inc. will follow the Uniform Relocation and Real Property Acquisition
Policies and Title 25 — Housing and Community Development (California Code of Regulations) to
implement a controlled relocation assistance program consistent with law and with the CITY's goals.
Specific tasks include:
Conduct the following activities necessary for the effective relocation of residential occupants:
1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation housing
needs and special requirements.
2. inform displaced persons of available relocation assistance services and benefits, and explain
relocation process.
3. Provide displacees with on -going advisory assistance to minimize their hardship, including
referrals to and coordination with community service resources, public housing and other public
services, as necessary.
4. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to
Vacate, and other notices, as may be required.
5. Provide written referrals to replacement housing and physically assist displacees in locating
replacement housing, including transporting individuals to view replacement sites, if necessary.
6. Prepare replacement housing/down payment assistance entitlement reports for displaced
households.
7. Determine eligibility for and proposed amount of relocation benefits, including moving
payments, rentaVdown payment assistance, and replacement housing payments.
8. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary"
requirements.
9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and
submit claim forms to the CITY for processing and payment.
10. Monitor the move to replacement site, as necessary.
11. Deliver benefit checks and other appropriate payments to claimants.
12. Maintain necessary case documentation and provide the CITY with periodic standard status
reports.
Conduct the following activities necessary for the effective relocation of non-residential occupants:
1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation needs
and special requirements.
2. inform displaced businesses of available relocation assistance services and benefits, and
explain relocation process.
3. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to
Vacate, and other notices, as may be required.
4. Assist displacees in locating replacement business sitcs and provide a required number of
written referrals to same.
5. Provide on -going advisory assistance to business displacees, including lists of qualified
movers and vendors.
6. Prepare specifications for the move and inventory of personal property, insuring thorough
coordination with CITY staff and/or legal counsel, that no real property is included on the
personal property inventory list.
7. Coordinate the walk-through for a minimum of two bids and move estimates with movers and
the displaced business.
8. Monitor the actual move to replacement site and re-establishment activities, as necessary.
9. Determine eligibility for and proposed amount of relocation benefits, including actual and
reasonable moving payments, re-establishment payments, and fixed payments.
10. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and
submit claim forms to the CITY for processing and payment.
11. Deliver benefit checks and other appropriate payments to claimants.
12. Maintain necessary case documentation and provide the CITY with periodic standard status
reports.
Firm Overview
Overland, Pacific & Cutler, Inc. (OPC) provides professional services for clients with projects
involving land acquisition, relocation assistance and project management. OPC was established
in 1980 to provide these services for transportation, redevelopment, public works, school districts,
housing, community development, energy and utilities. We pride ourselves in our integrated start -
to -finish service, which includes project cost studies and estimates, project planning and
management, real property and F&E appraisal, site selection and acquisition, right of way
acquisitions and negotiations, title and escrow, relocation plan preparation, relocation assistance,
goodwill analysis, property management, eminent domain support and expert witness testimony.
Our broad range of services can be contracted individually or as a complete package.
OPC has successfully acquired more than 17,000 parcels and has handled more than 45,000
residential, commercial and industrial relocation cases connected with a broad array of projects.
All services are performed in accordance with the regulations and standards of the acquiring
agency and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and the URA regulations that became effective in February 2005. Our
personnel have a working knowledge of Title 49 Code of Federal Regulations (CFR) Part 24,
State of California eminent domain law, as well as Caltrans Right of Way Manual Acquisition
guidelines.
At OPC, our people are full-time employees with excellent benefits. OPC's staff is made up of
over 100 acquisition, relocation and management professionals; more than one-third of our
people can conduct business in English/Spanish, with a total of 16 languages represented. Our
professionals consist of licensed real estate brokers, designated Senior Right of Way (SR/WA)
professionals and designated Right of Way Relocation Assistance Certified (R/W-RAC)
professionals. Senior professionals from our organization routinely make presentations about the
changing dynamics of our profession and participate in all major industry associations including
ULI, APWA, CASH, CRA, PAIIRA and CALED. OPC is actively involved in the advancement
of the right of way profession on local and international levels through our memberships in the
IRWA.
Vince McCaw
Senior Project Manager
Overland, Pacific & Cutler, Inc.
Professional Credentials
Initial Year in Industry: 1999
Initial Year With OPC: 1999
Education:
BA in Public Administration
San Diego State University
Advanced Rental Finance — Bond & Tax
Credit, Community Development Training
Program, LISC
IRWA Courses:
103 Ethics and the Right of Way
Profession
200 — Principals of Real Estate Negotiation
202 Interpersonal Relations in Real Estate
215 — Pipeline ROW Agent's Development
Program
400 Principles of Real Estate Appraisal
501 — Relocation Assistance
502 — Business Relocation
503 Mobile Home Relocation
505 — Advanced Residential Relocation
Assistance
700 — Introduction to Property Management
801 - United States Land Titles
900 Principles of' Real Estate Engineering
In -House Courses:
Uniform Act Revisions
Licenses:
Real Estate License, California
Overview
Mr. McCaw has over 15 years of real estate rehabilitation and
development experience, and he has been involved in the right of
way industry since 1999. A Senior Project Manager for
Overland, Pacific & Cutler, Inc., he provides real estate related
services for both small and large scale public and private
projects: including redevelopment, utilities, transportation,
school construction, housing development and mobile home
park conversions. Mr. McCaw facilitates the coordination and
oversight of acquisition/relocation consultants and for sub -
consulting firms such as real estate appraisal, fixture and
equipment appraisal, title, escrow, environmental and
demolition. He has extensive working knowledge of state and
federal regulations pertaining to acquisition and relocation
assistance for public projects and oversees staff and projects for
the San Diego regional office. Mr. McCaw's projects involve
various funding sources and require compliance with the
Uniform Relocation Assistance and Real Property Acquisition
Act of 1970, as well as state and local laws and guidelines.
Areas of expertise include project management, relocation cost
studies, relocation plans and relocation impact reports.
Additionally, Mr. McCaw is proficient in requirements of
mobile home park closure, both private and public. Mr. McCaw
is the Relocation Committee chair of iRWA, Chapter 11 and
also speaks at public meetings, citizen participation groups and
seminars.
Project Examples
Centre City Development Corporation Ballpark Project.
Ballpark Lofts Project, Park to Bay Project, Tailgate Park
Project — Project Manager and relocation case implementation
for projects that displaced over 130 business and residential
occupants.
Community Development Commission of National City
Harbor District Redevelopment Project, Q Street Project,
Downtown Redevelopment Project, Pacific View Estates
Project Manager and relocation case implementation for various
redevelopment projects, involving the successful relocation of
35 residential households and over 20 business occupants.
Community Housing of North County — Winona Project,
Maplewood Project, Solutions Family Center Project — Project
Manager and relocation case implementation for various projects
during substantial rehabilitation of affordable housing projects.
Over 60 residential units were relocated, either permanently or
temporarily. One project involved the temporary relocation of
an 80 unit property with a 100% Somalia population.
OPCresumeNov2000
i
G I. T E n. INC.
Vince McCaw
Senior Project Manager
Overland, Pacific & Cutler, Inc.
(Continued)
Professional Affiliations:
International Right of Way Association
Ch. 11 Relocation Committee Chair
American Public Works Association
San Diego Housing Consortium
San Diego Regional Partners in
Homeownership
Member, Community Redevelopment
Association (CRA)
Member, California Association for Local
Economic Development (CAI.F.D)
Southern California Housing Development Corporation -
Numerous Projects - Project Manager and relocation case
implementation for over 100 residential units that were
permanently or temporarily displaced as a result of the
acquisition and rehabilitation of various properties that were
converted from market rate housing to affordable housing.
San Diego Metropolitan Transit Development Board -
Mission Valley East Project - Project Manager and relocation
case implementation for approximately 20 industrial and
business uses for this San Diego East County trolley expansion
project.
City of Vista - Sunset Vista Apartments - Project Manager for a
City redevelopment site, which displaced over 55 residential
occupants
Sycamore Creek Mobile Home Park Project Manager,
acquisition and relocation case implementation for 15 owner -
occupied mobile home coaches.
County of San Diego - Mission Road - Project Manager for a
road widening project, which required the acquisition of
numerous easements. The project was conducted in phases and
involved both acquisition of property as well as relocation of
existing businesses and residential occupants.
OPCresumeNov2000
O E k L a N D
r T; 1 1 1 t s
UILLB.INC.
RESOLUTION NO. 2007 — 206
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH
OVERLAND PACIFIC & CUTLER, INC. IN THE NOT TO EXCEED
AMOUNT OF $38,000 FOR RELOCATION CONSULTANT SERVICES
FOR THE COVE AT SAN DIEGO BAY PROJECT, A RESIDENTIAL
AND COMMERCIAL MIXED USE PROJECT LOCATED
ON ONE CITY BLOCK BOUND BY NATIONAL CITY BOULEVARD,
ROOSEVELT AVENUE, AND 11TH AND 12TH STREETS IN NATIONAL CITY
WHEREAS, on July 19, 2005, ARE Holdings, LLC and the Community
Development Commission of the City of National City ("CDC") entered into a Disposition and
Development Agreement (DDA) for the development of the Cove at San Diego Bay Project
("Project"), a residential and commercial mixed use project located on one city block bound by
National City Boulevard, Roosevelt Avenue, and 11th and 12th Streets; and
WHEREAS, pursuant to the DDA, the CDC shall take all necessary steps to
provide for the relocation of all occupants of each remaining parcel the CDC acquires under the
Site Acquisition Program; and
WHEREAS, since the trial dates for acquisition of the remaining parcels are set
for October 2007, staff desires to retain Overland Pacific & Cutler, Inc. to provide relocation
services for the Project; and
WHEREAS, Overland Pacific & Cutler, Inc. is a qualified and experienced
relocation consultant, and has satisfactorily provided consultant services to the CDC on a
variety of other revitalization projects; and
WHEREAS, ARE Holdings shall bear all the relocation costs associated with
undertaking the Site Acquisition Program for the Project.
NOW, THEREFORE, BE IT RESOLVED that the CDC hereby authorizes the
Chairman to execute an Agreement with Overland Pacific & Cutler, Inc. in the not to exceed
amount of $38,000 for relocation consultant services for the Cove at San Diego Bay Project, a
residential and commercial mixed use project located on one city block bound by National City
Boulevard, Roosevelt Avenue, and 11 th and 12th Streets in National City. Said Agreement is
on file in the office of the City Clerk.
PASSED and ADOPTED this 21st day of August,
on Morrison, Chairman
ATTES : APPROVED AS TO FORM:
Braun, Secretary
George H. Eiser, III, Legal Counsel
Passed and adopted by the Community Development Commission of the City of
National City, Califomia, on August 21, 2007, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Commissioner Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, •'"��s!'• ' ievelopment Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-206 of the Community Development Commission of the City
of National City, California, passed and adopted on August 21, 2007.
Secretary, Community Development Commission
By:
Deputy
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE August 21.2007
AGENDA ITEM NO. 25
ITEM TITLE
Resolution approving an Agreement with Overland Pacific & Cutler, Inc. (OPC) to provide relocation
consultant services for the Cove at San Diego Bay Project, a residential and commercial mixed use
project located on one City block hound by National City Boulevard, Roosevelt Avenue, and 11`h and
12`h Streets in National City, and authorizing the Chairman to execute said Agreement in the not to
exceed amount of S38,000.
PREPARED BY
Xavier Del Valle, x4279
Senior Project Manager
DEPARTMENT r,
Redevelopment Division
EXPLANATION
On July 19, 2005, ARE Holdings, LLC and the CDC entered into a Disposition and Development
Agreement (DDA) for the development of the Cove at San Diego Bay Project, a residential and
commercial mixed use project located on one City block bound by National City Boulevard, Roosevelt
Avenue, and 11`h and 12` Streets in National City. Pursuant to the DDA, the CDC shall take all
necessary steps to provide for the relocation of all occupants of each remaining parcel the CDC
acquires under the Site Acquisition Program. Since the trial dates for acquisition of the remaining
parcels are set for October 2007, staff desires to retain OPC to provide relocation services for the
Project. Retaining OPC coincides with City Strategic Plan Objective 6 of improving local housing
conditions for the community. OPC is a qualified and experienced relocation consultant, and has
satisfactorily provided consultant services to the CDC on a variety of other revitalization projects. The
Agreement shall remain effective until all relocation services for the Project are completed, or until
terminated by the CDC for cause or convenience at its discretion.
—)
r
Environmental Review CEQA is not applicable
Financial Statement The Agreement sets a not to exceed amount of $38,000. Pursuant to the DDA, the
developer shall bear all the relocation costs associated with undertaking the Site Acquisition Program for
Lthe Project.
STAFF RECOMMENDATION Adopt resolution approving an Agreement with Overland Pacific &
Cutler, Inc. to provide relocation consultant services for the Cove at San Diego Bay Project, a residential
and commercial mixed use project located on one City block bound by National City Boulevard, Roosevelt
Avenue, and 11`h and 12th Streets in National City, and authorizing the Chairman to execute said
Agreement in the not to exceed amount of S38,000.
ATTACHMENTS Resolution No. a o C 1- C
1. Resolution
2. Agreement
L
A-200 (9/80)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
September 4, 2007
Mr. Vince McCaw
Senior Project Manager
Overland Pacific & Cutler, Inc.
3170 4`h Avenue, Suite 200
San Diego, CA 92103
Dear Mr. McCaw,
On August 21, 2007, Resolution No. 2007-206 was passed and adopted by the
Community Development Commission of National City, authorizing execution of
an agreement with Overland Pacific & Cutler, Inc.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission
® Recycled Paper