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Home My WebLink About2010 CON Dokken Engineering - Amendment #4 Plaza Blvd. WideningAMENDMENT/SUPPLEMENTAL TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING This Amendment/Supplemental to Agreement is entered into this 5th day of May 2010, by and between the City of National City, a municipal corporation ("the CITY"), and Dokken Engineering (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on the Street Widening Improvements on Plaza Boulevard from Highland to Euclid Avenues ("the Agreement") wherein the CONSULTANT agreed to provide Civil Engineering and Right -of -Way Acquisition Services. B. An Amendment in the not -to -exceed amount of $20,000 was approved on April 21, 2009 to provide as -needed staking work for individual properties. C. An Amendment in the not -to -exceed amount of $55,000 was approved on July 21, 2009 to provide additional work to perform right of way acquisition services for seven more appraisals of properties impacted by the widening project. D. An amendment in the not -to -exceed amount of $42,800 was approved on January 5, 2010 to redesign the area located in the state right of way to eliminate the need for tie -back retaining walls. The changes were due to Caltrans request. E. This amendment is needed for additional work to secure Right of Way for the Plaza Boulevard Widening Project. The additional work has been generated by the extended time for negotiations required to obtain the Right of Way. The parties desire to amend the Agreement to perform the additional work (See attached Exhibit A). NOW, THEREFORE, the parties hereto agree that the Agreement entered into on November 21, 2006, with its amendments shall be amended by $42,200 (Not -to -Exceed). The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated November 21, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY 0 IONAL CITY DOKKENViitt Ehj�ll'�IEERING By: �/By: C i is Zap. t. ' ity Manager len Parker, ' . ject Manager APPROVED AS TO FORM: -jr George H. iser, llI City Attorney By: Cathy , Secretary Oita iarz SoNVOU fror t:.. -qupept is CoriStrtsct�on EXHIBIT A March 29, 2010 Din Daneshfar, P.E. Department of Public Works 1243 National City Boulevard National City, CA 91950-4301 Subject: Additional Work Needed to Perform Unanticipated Right of Way Services for Plaza Boulevard Widening Project Dear Mr. Daneshfar, This letter provides a request for a budget amendment for Dokken Engineering (DE) for the items of work summarized below. Right of way acquisition services began in May 200/ and negotiations with over thirty property owners was budgeted for six months. The additional work has been generated by the extended time for negotiations required to obtain the Right of Way for the Project. The negotiation period has increased by approximately eight months beyond the original six months allotted in the schedule, largely due to lack of project funding. Five properties have changed ownership during negotiations causing negotiations to start over with new owners. En addition, the project team has agreed to continue good faith negotiations beyond minimal industry standards to reflect the City's willingness to work with its citizens before entering into the eminent domain process. A Fee Schedule has been included, using rates that were agreed to in the original contract. The amendment will support four more months of acquisition services. Scope of Supplemental Work Assumptions: The City will adopt a resolution of necessity on April 6, 2010 and follow through with obtaining an order for possession through the courts by the end of July 2010. • This amendment does not include providing expert testimony or preparing for trial. • Acquisition services will be completed on August 1, 2010. Task 9.2: Additional Right of Way Acquisition: Consultant will continue to provide coordination and negotiations with owners, lenders, staff and escrow through July 2010. / I . C A ')!1 Proposed Scope of Work - Supplemental Work Fee Summary Wiggans Group Inc. Hours Per Task Project Sr. R/W Manager Agent Clerical $145/hr $126/hr $44/hr Cost Task 9.2 Additional Right of Way Acquisition Continued Negotiations with Owners 68 50 $ 1.6,1.60 Coordination with City Staff 40 $ 5,800 Prepare Final Purchase Contracts 40 32 $ 7,208 Coordination with Escrow 32 24 $ 5,696 Coordination with Lenders 16 - $ 2,320 Compilation of Final Acquisition File 4 - 44 $ 2,516 Other Direca. Costs (mailing/courier/notary) - $ 2,500 TOTAL, NO ( 10 EXCEED $ 42,200 Sincerely, DOKKEN ENGINEERING Accepted and Approved by: y) 1 � ,. 1� tit �:l �lli Glen Parker, P.E. Consultant Project Manager Din Daneshfar, P.E. City Project Manager Wiggans Group, g-: HOURLY RATE SCHEDULE Inc. Effective January 1, 2010 through December 31, 2010 Personnel Hourly Billing Rate Jane Wiggans, Project Manager $145 Mickey Zeichick, Senior Right of Way Agent $126 Marilee Lowe, Right of Way Agent $109 Shari McAuley, Admin $ 44 Miscellaneous Mileage: Direct Costs: Note: IRS approved rate per mile at cost Rates shall be increased annually on the anniversary date of the contract commencement based on San Diego Consumer Price Index for all urban consumers, all items. Real Estate & Right of Way Consulting 5256 South Mission Road, Suite 138 - Bonsai!, CA 92003 • Tel: 760.806.1776 • Fax: 760.806.6616 IIitCORpOflATEU May 18, 2010 Mr. Glen Parker Dokken Engineering 5675 Ruffin Road, Suite 250 San Diego, CA 92123 Dear Mr. Parker, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On May 5th, 2010, a supplemental agreement to the original agreement was executed with Dokken Engineering. We are enclosing for your records a fully executed original supplemental agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Engineering Dept.