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HomeMy WebLinkAboutC-3107 - Right of Way Acquisition of Birch Street Bridge Widening Overcrossing• 0 0 AUG 1 21 " 3 TO: Mayor and Members of the City Council FROM: Public Works Department August-01996 tee CITY COUNCIL AGENDA ITEM NO. " C - 31ci SUBJECT: BIRCH STREET BRIDGE WIDENING OVERCROSSING STATE ROUTE 73 RECOMMENDATIONS: 1. Approve a Consultant Agreement with William R. Hansen & Associates for appraisal services for right -of -way acquisition in an amount of $28,500.00, plus a 10% contingency of $2,850.00 for a total of $31,350.00. 2. Authorize the Mayor and the City Clerk to sign the Consultant Agreement on behalf of the City. DISCUSSION: Funding for construction of the Birch Street Bridge Widening project is included in the current FY 1996 -97 budget. In conjunction with the bridge widening, Birch Street northeasterly of Bristol Street North will also be widened to transition between the existing street configuration and the widened bridge. This transition widening will extend over a length of approximately 600 feet and will require the acquisition of narrow strips of additional street right -of -way to accommodate the new improvements. A sketch of the project area is attached for reference. Funding for the project's final design was included in the budget for FY 1995 -96. On February 12, 1996, the City Council approved a Consultant Agreement with Wilidan Associates for final design services. Willdan's work has progressed to the point that specific, detailed information is now available relative to the permanent easement areas needed for the street widening and also for the temporary construction easements needed to accomplish the transition between existing site improvements and the new street improvements. Both the permanent and temporary easements needed for the project involve the acquisition of private property for a public benefit. As a first step in such proceedings, an appraisal needs to be prepared to establish the fair market value of each parcel of property to be acquired. Seven parcels involving six owners have been identified for acquisition. An initial contact has been made with each of the property owners affected by the acquisitions and individual meetings are in progress. SUBJECT: BIRCH STREET BRIDGE WIDENING OVERCROSSING STATE ROUTE 73 August 12, 1996 Page 2 • A qualification -based selection process was followed to choose a consultant to prepare the appraisals for the required right -of -way acquisitions. Four firms were invited to submit a statement of qualifications for the appraisal services. The four firms were Fuller and Associates; William R. Hansen & Associates; George Hamilton Jones; and Nancy M. Mueller. Only Fuller and Hansen submitted statements of qualifications. Both firms were interviewed on July 2, 1996, and the interview panel chose William R. Hansen & Associates as the most qualified for this project. Subsequent to the selection, negotiations were conducted with William R. Hansen, MAI to establish a specific scope of services and to determine the corresponding fee and cost amounts. That information is contained in a letter proposal from Hansen & Associates, dated July 24, 1996, and has been incorporated into a standard form Consultant Agreement (copy attached for reference). The Agreement establishes a compensation amount of $28,500.00. Staff recommends approval of a Consultant Agreement with William R. Hansen & Associates to provide the appraisal services needed for the right -of -way acquisitions. Staff also recommends that a 10% contingency amount of $2,850.00 be approved to cover additional services for which a need may arise. Funds for appraisal services to be provided by William R. Hansen & Associates are available in the Fiscal Year 1995 -96 budget in the following category: 7261 C5100065 $31,350.00 Respectfully submitted, P IC W KS DEPARTMENT Webb, Director Gail Pickart Project Management Consultant Attachments: Sketch of Project Area Consultant Agreement Y j.•��. cF� '♦) � yr VAS N9yi ` 4 •� � � '.IJwytW/OT (] y O Q w 0� 0 h Z 4 f 4 Q 5 4 / t O f �3 <V _BLS a t� rr, \ I el 1._ 0 rerel .1 UUCP It F-MclagA 0 BIRCH STREET BRIDGE WIDENING RIGHT -OF -WAY APPRAISAL SERVICES THIS AGREEMENT, entered into this _ day of 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City"), and William R. Hansen & Associates, whose address is 567 San Nicolas Drive, Suite 203, Newport Beach, California 92660 -6510 (hereinafter referred to as "Consultant "), is made with reference to the following: A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal member of Consultant is William R. Hansen, MAI. C. City desires to engage Consultant to prepare appraisal reports related to acquisition of additional street right -of -way for Birch Street Bridge Widening project upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: CONSULTANT AGREEMENT BIRCH STREET BRIDGE WIDENING RIGHT -OF -WAY APPRAISAL SERVICES THIS AGREEMENT, entered into this k2tkday of _ 1!2�AAZ 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and William R. Hansen & Associates, whose address is 567 San Nicolas Drive, Suite 203, Newport Beach, California 92660 -6510 (hereinafter referred to as "Consultant'), is made with reference to the following: A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal member of Consultant is William R. Hansen, MAI. C. City desires to engage Consultant to prepare appraisal reports related to acquisition of additional street right -of -way for Birch Street Bridge Widening project upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 0 • 1. TERM The Term of this Agreement shall commence on the 1st day of August, 1996, and shall terminate on the 31st day of December, 1997, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in a letter proposal dated July 24, 1996 marked Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in said Exhibit "A ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $28,500.00. 4. STANDARD OF CARE All of the work shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical expertise required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it 2 0 0 shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, 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 with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated William R. Hansen to be its Project Manager. 3 0 0 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the term set forth in Section 1. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. Ell 0 0 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys' fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting Consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, except for 5 0 0 workers' compensation, shall add as insured the City, its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by the City Risk Manager: A. Workers' compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of C 0 0 Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or 7 more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 10 ! • 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The Public Works Director or his/her designees shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. G. 10C. Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "A." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement 9 0 0 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "A" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 10 0 0 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the work products, Consultant shall reimburse City for the additional expenses incurred by the City including engineering, construction and/or restoration expense. Nothing herein is intended to limit Citys rights under Sections 12 or 13. 26. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicant for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 27. CITY S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected 11 0 9 by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultants violation of this Section. 29. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Don Webb 12 0 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: William R. Hansen & Associates 567 San Nicolas Drive, Suite 203 Newport Beach CA 92660 -6510 Attention: William R. Hansen 31. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 13 32. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 34. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 35. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. E 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: MAYOR ATTEST: GuFQFt A CONSULTANT CITY CLERK a r AS TO FORM: 15 By:_ WI TES EXHIBIT A Wiliam R. Hansen & Associat.es REAL ESTATE APPRAISERS I CONSULTANTS 567 San Nicolas Drive, Suite 203 Newport Beach, CA 92660 -6510 Telephone (714) 644 -4072 July 24, 1996 Facsimile WILLIAM IL HANSEN, MAI (714) 6444074 City of Newport Beach c/o Gail Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 Re: Proposal for Appraisal Services Birch Street Bridge Widening Newport Beach, CA Dear Mr. Pickart: Following our various meetings and discussions regarding the Birch Street Widening Project, I have prepared the following scope of appraisal services. As of current date, complete information concerning the design and construction is not available. Legal descriptions, area computations and term for temporary construction easements are also not currently available. The scope of appraisal services presumes that the ultimate design criteria and the temporary construction easements will not create unusual or unanticipated issues relating to the remainder properties. Set out below is a table summarizing the subject properties and areas to be acquired by the city of Newport Beach as permanent right of way for the Birch Street widening (per map prepared by James B. Sauer, Professional Land Surveyor, dated May 22,1996): Parcel No. Grantor 427 - 231 -06 Wattson Newport Ventures 427 - 231 -26 Wattson Newport Ventures 427 - 231 -25 Goodgame, Westley & Westley 427- 151 -10 Betty Hogan, Trustee 427 - 151 -11 Sushil K. Garg 427 - 151 -12 John R. Saunders, Trustee 427 - 151 -15 Mesa Oaks Development Co. Larger Parcel Perm. Take 49,490 sq.ft. 39,106 sq.ft. 103,531 sq.ft. 47,850 sq.ft. 34,800 sq.ft. 29,000 sq.ft. 34,602 sq.ft. 1,226 sq.ft. 4,302 sq.ft. 999 sq.ft. 78 sq.ft 464 sq.ft. 429 sq.ft. 948 sq.ft. Individual appraisal reports will be prepared for each of the above parcels, excepting the Wattson Newport Ventures properties which, because of their unity of ownership and use, will be appraised as a single larger parcel.