HomeMy WebLinkAboutC-2633 - Pacific Coast Highway Widening (Phase II) Agreement for Relocation Assistance Services - De Anza Bayside VillageTO:
CITY OF NEWPORT REACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -300.&
FINANCE DIRECTOR
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FROM: CITY CLERK
DATE: February 23, 1987
SUBJECT: Contract No. C -2633
Description of Contract Relocation Assistance Services Agreement
Effective date of Contract February 20, 1987
Authorized by Minute Action, approved on January 26, 1987
Contract with Pacific Relocation Consultants
Address 406 E. First Street
Lonq Beach, CA 90802
Amount of Contract See Agreement)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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•January 26, 1987
CITY COUNCIL AGENDA
ITEM NO. F -3(a-)
TO: CITY COUNCIL
?.i Uy TaiL i,.T'e' iisvEdCIL
FROM: Public Works Department CITY OF NMPORT BEACH
• SUBJECT: COAST HIGHWAY WIDENING'*ASE II) AGREEMENT JA }9��
FOR RELOCATION ASSISTANCE SERVICES
RECOMMENDATION: ROVED
Authorize the Mayor and thet.,QiW Clerk to execute a Local
Agency /Consultant AgreementAiah Pacific Relocation Consultants to
perform relocation assistance service for residents to be displaced
in the De Anza Bayside Village as a result of widening Coast
Highway.
DISCUSSION:
On September 23, 1985, the City Council authorized staff to solicit
proposals from prospective consultants to provide acquisition and relocation
services for residents occupying 26 mobile homes within the De Anza Bayside
Village Mobile Home Park at Coast Highway and Bayside Drive. Three proposals
were received.
In adherence to the City's procedure for selecting consultants for
public work projects, a selection committee reviewed the three proposals and
interviewed all three consultants. Based on the interview, it was recommended
• to Caltrans and the Federal Highway Administration (FHWA) that John Cutler and
Associates with Pacific Relocation Consultants, as a subconsultant, be retained
to perform the necessary right -of -way and relocation assistance functions.
Their combined original fee was $65,630.00.
A pre -audit conducted by Caltrans on the firm of John Cutler and
Associates revealed significant discrepancies in their fee schedule. The
pre -audit reduced the fee by approximately $25,000.00 and was based on outdated
payroll documentation submitted by the consultant. As a result of this
discrepancy, a new fee had to be negotiated with the consultant. This caused a
major delay in execution of an agreement. To avoid any further delay, it has
also become necessary to separate the subconsultant, Pacific Relocation
Consultants from the prime consultant, John Cutler and Associates.• Both
consultants have agreed to this condition.
It is recommended that Pacific Relocation Consultants be retained
to perform the necessary relocation assistance services as required by Federal
and State laws on public works projects. The fee for their services, which is
based on the pre- audit, is not to exceed $22,900.00. A final audit by Caltrans
will allow Pacific Relocation Consultants to recover its actual costs. This
amount is estimated to be $41,000.00
• Funding under the current Federal Aid Urban (FAU) formula is 86%
FAU and 14% City Gas Tax. City funds have been budgeted in the current Gas Tax
Fund Account for the widening of Coast Highway
An Agreement with
4 se rate item on this Council
Benj
in B. Nolan
Public Works Director
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John Cutler and Associates is included as a
Agenda.
RELOCATION ASSISTANCE SERVICES AGREEMENT
c - z633
THIS AGREEMENT is made this L-,qe� day of �" 1987,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter
referred to as "CITY ") and PACIFIC RELOCATION CONSULTANTS (hereinafter referred
to as "AGENT ").
The CITY desires to engage AGENT to perform relocation assistance
services in connection with the following described project:
Improvement of Pacific Coast Highway in the vicinity of
Bayside Drive. Said improvements will cause the displacement
of 26 mobile homes, a laundry facility; and the partial
taking of land leased by the De Anza Corporation from The
Irvine Company (see attached right -of -way map).
The AGENT is qualified and agreeable to render aforementioned service,
which shall be:
1. Prepare Right -of -Way Stage Housing Availability Study.
2. Prepare a Relocation Assistance Program (RAP) Study.
3. Meet with City and Caltrans staff and consultants to coordinate
activities of relocation team with those of acquisition team.
4. Prepare and issue Notice of Displacements, which includes the
information booklet and statement regarding the estimated
amount of replacement housing payment.
5. Interview displaced persons to determine housing and related
needs.
6. Inform displaced persons of available relocation assistance.
7. Identify and determine the cost of comparable replacement
housing.
8. Provide referrals to replacement housing units as necessary.
9. Provide other relocation advisory services as required by
Sections 42.211 and 42.213 of the Act.
10. Prepare and issue the 90 -Day Notice to Vacate.
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11. Inspect replacement homes to ensure that they are decent, safe
and sanitary.
12. Assist displaced persons in filing claims for relocation bene-
fits provided for in the Act.
13. Review claims and recommend amount of payment to be awarded
displacee.
14. Review and maintain complete relocation files pursuant to
Section 42.225 of the Act.
15. Other related duties as needed.
The relocation assistance format shall be based on the requirements of
applicable Federal Highway Program Manual Sections and /or Federal and State
Uniform Relocation Assistance and Real Property Acquisition Policy Act (AKA
Public Law 91 -646 and Government Codes Section 7260 -7274, inclusive)
respectively, and shall be in conformance to the State's Standard operating
policies as set forth in the State Right -of -Way Manual.
The AGENT agrees to complete the Right -Of -Way Housing Availability
Study and Relocation Assistance Program (RAP) Study within forty -five (45) days
from the Notice to Proceed. All other relocation services, as specified, shall
be completed within eighteen (18) months from the Notice to Proceed. The dates
of completion shall be the dates when all services, including any and all
procedures, development plans, surveys, meetings and oral presentation have
been completed as set forth in this agreement.
The basis of payment for the services provided under this Agreement
shall be cost plus a fixed fee.
1. The CITY shall reimburse the AGENT for actual costs (including
labor costs, employee benefits, overhead and other direct costs)
incurred by the AGENT in performance of the work, in an amount not
to exceed $19,925.00 exclusive of any net fee. Actual costs shall not
exceed the estimated maximum wage rates and other costs as set
forth in Exhibit "A" attached hereto, unless approved by a post- audit.
2. In addition to the costs referred to in Section 1. above, the
CITY shall pay the AGENT a net fee of $2,975.00. Said net fee
shall not be altered unless there is significant alteration
in the scope, complexity or character of the work to be
performed.
3. Total expenditures made under this contract including the net fee
shall not exceed the sum of $22,900.00.
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The cost principles and procedures for use in the determination of the
allowability of individual items of cost shall be those set forth in Chapter 1,
Part 31, CFR 48.
The AGENT warrants that he has not employed or retained any company,
firm or person other than provided for in this Agreement to solicit or secure
this Agreement, and that he has not paid or agreed to pay any company, form or
person, other than a bona fide employee working solely for him, any fee com-
mission, percentage, brokerage fee, gifts, or any other consideration, con-
tingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, the CITY shall have the right to annul
this Agreement without liability.
The parties to this Agreement intend that the relation between them
created by this Agreement is that of employer- independent contractor. The
manner and means of conducting the work are under the control of the AGENT,
except to the extent they are limited by statute, rule or regulation and the
express terms of this Agreement. No Civil Service status or other right of
employment will be acquired by virtue of the AGENT's services. None of the
benefits provided by the City to its employees, including, but not limited to,
unemployment insurance, workers' compensation insurance, retirement and deferred
compensation plans, vacation and sick leave, are available from the CITY to the
AGENT. From any fees due the AGENT, deductions shall not be made for any State
or Federal taxes, FICA payments, PERS payments, or other purposes normally asso-
ciated with an employer- employee relationship. Payment of the above items, if
required, are the responsibility of the AGENT.
AGENT shall indemnify and hold harmless CITY, its City Council, boards
and commissions, officers, agents, servants and employees from and against any
and all loss, damages, liability, claims, suits, costs and expenses, whatsoever,
including reasonable attorneys' fees, regardless of the merit or outcome of any
such claim or suit, arising from or in any manner connected to the negligent
performance or omission of any services or work conducted pursuant to this
Agreement.
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The CITY may terminate this Agreement at any time by giving written
notice to AGENT of such termination at least Fifteen (15) days prior to effec-
tive date of such termination if the AGENT has not complied with the terms of
this Agreement or if the progress or quality of work is not satisfactory. In
that event, all finished or unfinished documents and other materials shall, at
the option of the CITY, become is property, and AGENT shall be paid an amount
which bears the same ratio to the total compensation covered by this Agreement.
AGENT is to maintain all books, documents, papers, accounting records,
and other evidence pertaining to costs incurred, and further, to make such
materials available at their respective offices at all reasonable times during
the contract period. Such materials are to be available for inspection by
authorized representatives of the Local Agency, the State, or the Federal
Government, and copies thereof shall be furnished if requested. Following final
settlement of the contract accounts with the Federal Highway Administration,
such records and documents may be microfilmed at the option of the Local Agency,
but in any event shall be retained for a three -year period after payment of
final voucher.
AGENT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the
issued and outstanding capital stock of AGENT, or of the interest of any general
partner or joint venturer or syndicate member or co- tenant if AGENT is a
partnership or joint venturer or syndicate or co- tenancy, which shall result in
changing the control of AGENT, shall be construed as an assignment of this
Agreement. Control means Fifty Percent (50 %) or more of the voting power of the
corporation.
During the performance of this Agreement, the AGENT agrees to comply
with the Regulations relative to nondiscrimination in Federally assisted
programs of the U. S. Department of Transportation Title 49, Code of Federal
Regulations, part 21, as they may be amended from time to time (hereinafter
referred to as "the Regulations "). See Appendix "A" and Non discrimination
Clause attached hereto and made a part hereof.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their proper corporate officers and have caused their proper corporate
seal to be hereto affixed the day and year first above written.
1 : -0101KIR uKI
ATTEST
I
ity Clerk
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PA FIC RELOCATION CONSULTANTS
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10.
Agent
PACIFIC RELOCATION CONSULTANTS
FEE PROPOSAL - COST ANAYLSIS
Est. Hours PER PARCEL
DIRECT LABOR Per Parcel Rates Mobile Home Be Wnza Lease Units
Project Manager 3 $50.00 $150.00 26
9 $50.00 $ 450.00 1
C -YL-33
Total
$ 3,900.00
450.00
Specialist 13
$35.00 $455.00
26
$11,830.00
26
$35.00
$ 910.00 1
$ 910.00
Secretarial/ 2
$15.00
$
30.00
26
$ 780.00
Clerical
2
$15.00
$ 30.00 1
$ 30.00
ESTIMATED TOTAL
PER PARCEL
$635.00
$1,390.00
TOTAL ESTIMATED LABOR COSTS
$17,900.00
Cost
DIRECT COSTS (Except Labor)
Quantity
Per Parcel
Total
Estimated Mileage
27
$
50.00
$1,350.00
Estimated Telephone
27
$
20.00
$ 540.00
Estimated Forms
And Materials
27
$
5.00
$ 135.00
Estimated Total Cost
Per Parcel
$
75.00
TOTAL DIRECT COSTS
$ 2,025.00
FEE (Profit)
$ 2,975.00
TOTAL RELOCATION ASSISTANCE
SERVICES COSTS
$22,900.00
Included in the above fee is the approximate cost of $5,000.00 for the Stage Housing Study.
EXHIBIT "A"
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CgPAR".•_NT C' - ^- NSPORTATfON
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During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "contractor) agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non - discrimination
in federally- assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 -
Eiffiectua:ion of Title VI of the 1964 C ivil Rights Act). Title VI provides that the recipients of federal - assistance will implement
and ma�nt_in a policy of non - discrimination in which no person in the state of California shall, on the basis of race,
color, national origin, religion, sex age, disability, be excluded from participation in, denied the benefits of or subjected
to discrimination under any program or activity by the recipients of federal assistance or theirassignees and successors
in interest.
(2) Non - discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance
with Title VI. Specifically, the contractor shall not discriminate on the basis of race, color, national origin, religion,
sex, age. or disability in the selection and retention of subcontractors, including procurement of materials and leases
of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the U.S. DOT's Regulations, including employment practices when, the contract covers a program whose goal
is emp•�Yment.
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either
by cornpatitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including
procure:T:ants of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the
contrac: ., of the contractors obligations under this contract and the Regulations relative to non - discrimination on the
grouncs of race, color or national origin.
(4) Information and Reports: The contractor shall provide at! information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its fac;lities as may b6 determined by the State Department of Transportation or the Federal Highway Administration
to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to fumish this information, the contractor shall
so certi`; to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractors noncompliance with the non - discrimination provisions
of this contract the State Department of Transportation shall impose such contract sanctions as it or the Federal
Highway Adninistration may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the contractor complies, and /or
of caroet!atlon, termination or suspansion of the contract, in whole or in part
(6) Incorporation of Provisions: The contractor shall include the provisions of paragraph (t) through (6) in every sub-
contract including procurements of materials and leases of equipment, unless exempt by the Regulations or directives
issued pursuant thereto. The contractor will take such action with respect to any subcontractor or procurement as the
State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such
projis;o -s including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved
^, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the State Department of Transportation to enter into such litigation to protect the interest of the State, and,
in addition, the contractor may request the United States to enter into such litigation to protect the interests of the
Lnited States.
OAS 031t' ?°:1.E, c 32, F=OEi L FU`OS.0'F_RSJ.0
NONDISCRIMINATION CLAUSE
WCP - 2)
1, During the performance of this contract, the recipient,
contractor and its subcontractors shall not deny the
contract's benefits to any person on the basis of religion,
color, ethnic group identification, sex age, physical or
mental disability, nor shall they discriminate unlawfully
against any employee or applicant for employment because
of race, religion, color, national origin, ancestry,
physical handicap, mental disability, medical condition,
marital status, age or sex, Contractor shall insure that
the evaluation and treatment of employees and applicants
for employment are free of such discrimination,
2. Contractor shall comply with the provisions of the Fair
Empl- oyment and Housing Act (Government Code, Section
12900 et seq.), the regulations promulgated thereunder
(California Administrative Code, Title 2, Section 7285,0
et seq.), the provisions of Article 9,5, Chapter 1, Part 1,
Division 3, Title 2 of the Government Code (Government
Code, Sections 11135 - 11139,5) and the regulations or stand-
ards adopted by the awarding State agency to implement such
article,
3. Recipient, contractor and its subcontractors shall give
written notice of their obligations under this clause to
labor organizations with which they have a collective
bargaining or other agreement,
4. The contractor shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts
to perform work under the contract.
STD. 1713 (NEW E -831
See Contract File for
Right -of -Way Map of
Irvine Block 54