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HomeMy WebLinkAboutReso 1987-12904 RESOLUTION NO. 12904 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLDAN & ASSOCIATES FOR ASSESSMENT ENGINEERING SERVICES (ASSESSMENT DISTRICTS NO. 85-2 AND 86-1) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and ~ILLDA~[ & ASSOCIATES for assessment engineering services (Assessment Districts No. 85-2 and 86-1) dated the 10th day of February , 1987, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by . ,.' T/~omas J/~arron, City ~h~u~ii~z~C~e~neer ~ ~ttorney:/ 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of February 19 87 , by the following vote, to-wit: AYES: Councilmembers MeCandl±ss, Cox, Moore, Nader NAYES: C0unci 1 members None ABSTAIN: C0unci lmembers None ABSENT: C0unci ] members Malcolm Mey~' ~the thy ~ula Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12904 ,and that the same has not been amendedor repealed DATED City Clerk CI1Y OF CHUI.A VISIA CC-660 AGREEMENT FOR SERVICES THIS AGREEMENT, entered into this 10th day of February 1987, by and between THE CITY OF CHULA VISTA, a municipal corporatio~ (hereinafter referred to as "City") and WILLDAN ASSOCIATES, a California Corporation (hereinafter referred to as "Consultant"); W I T N ESS ET H: WHEREAS, the City confirmed the assessments for Assessment District 85-2 and Assessment District 86-1 over the past year, dealing with backbone public facilities in the community known as EastLake, in the eastern area of the City, and WHEREAS, Consultant was retained as the Assessment Engineer by the City for each of these Assessment Districts and prepared the Engineer's Report, including the spread of the cost of improvements to the parcels existing at that time, and WHEREAS, City is desirous of hiring a Consultant to apportion the original assessments placed on certain parcels to newly created parcels that have subdivided since that time, and WHEREAS, Consultant had an option in the original contract with City for providing such apportionment services. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: SCOPE OF SERVICES SECTION 1. Perform 191:3 Act lien apportionments pursuant to Part 10.5 of Division 10 of the California Streets and Highway Code, consisting of the follow- ing services in conjunction with functions performed by City. · TASK 1: Prior to authorization of any land division within the boundaries of the Assessment District, the City will require the owner to sign an application for the apportionment. TASK 2: City will collect from the applicant any applicable fee for the apportionment. TASK 3: City will provide Consultant, or direct the applicant to provide to Consultant, a reproducible copy of the map to be recorded showing the division(s). TASK 4: Consultant shall apportion the lien amongst the newly created parcels in the manner that would have been done had such parcelization existed at the time of confirmation of the District. TASK 5: Consultant will prepare a revised assessment diagram. TASK 6: Consultant will verify that the application is signed by all parties of interest and to accomplish this, may require of the applicant necessary verification, including but not limited to, title reports. TASK 7: Consultant will send by registered or certified mail, under the signature of the Superintendent of Streets, to the original purchaser of bonds a copy of the revised assessment diagram and the revised assessments, together with a notice of the pending apportionment. TASK 8: If an objection and request for hearing is received from the Underwriter the procedure will be handled pending a review and meeting between the appropriate City officials, the Under- writer, the applicant, and Consultant. If no objection is received, the procedure is continued as follows. TASK 9: The amended assessment diagram is submitted to the Superin- tendent of Streets for signature. TASK 10: Consultant submits to the appropriate City financial officer maintaining the assessment records the amended assessments for formal entry into the City records. TASK 11: Consultant will file with the Clerk in the office of the County Recorder the amended assessment diagram. City will pay any required recording fees. The above procedures shall be reviewed and approved as appropriate by the attorney providing the bond opinion. SCHEDULE OF WORK SECTION 2. The apportionment services will be completed in approximately late June, giving the City Finance Department sufficient time to prepare the special assessment roll for the County Auditor. FEE FOR SERVICES SECTION 3. Consultant shall be paid a fee for services as follows: 1. Apportionments for Assessment District 85-2 $20.00 p/parcel 2. Apportionments for Assessment District 86-1 $20.00 p/parcel The minimum fee will be $1,000.00. Consultant will invoice on a monthly basis, based on the percent com- plete of a predetermined maximum number of newly subdivided parcels as agreed to between the City and Consultant. SERVICES BY CITY SECTION 4. City further agrees to furnish to Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Consultant in the performance of these services. CONFLICT OF INTEREST SECTION 5. Consultant presently has and shall acquire no interest whatsoever in the subject matter of this Agreement, direct or indirect, which would consti- tute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by Consultant under this Agreement. TERMINATION OF AGREEMENT FOR CAUSE SECTION 6. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by Consultant shall, at the option of City, become the property of City and Consultant 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 notice of termination, not to exceed the amounts payable under Section 3, herein- above. TERMINATION FOR CONVENIENCE OF CITY SECTION 7. City may terminate this Agreement at any time and for any reason by giving written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Section 6, hereinabove, shall, at the option of the City, become City's sole and exclusive pro- perty. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section 3, herein- above, in the event of such termination. ASSIGNABILITY SECTION 8. Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City; provided, however, that claims for money due or to become due to Consultant from City under this Agree- ment may be assigned to a bank, trust company, or other financial insti- tution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL SECTION 9. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent right by Consultant in the United States or in any country with- out the express written consent of the City. City shall have unrestrict- ed authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute, and otherwise, use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. INDEPENDENT CONTRACTOR SECTION 10. City is interested only in the results obtained, and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under the Agreement. City maintains the right only to reject or accept Consultant's final work product as each phase of this Agreement is completed. Consultant and any of Consultant's agents, employees, or representatives are, for all purposes under this Agreement, an independent contractor, and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. CHANGES. SECTION 11. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Consultant's compen- sation, which are mutually agreed upon by City and Consultant shall be effective as amendments to this agreement only when in writing. INSURANCE. SECTION 12. A. Liability Insurance. Consultant, at his own cost and expense, shall procure and maintain during the performance of this Agreement policies of comprehensive liability insurance issued by insurance companies acceptable to Owner, insuring Consultant against loss or liability caused by or connected with the performance if this Agreement by Consultant, his agents, subcontractors, employees, or servants in an amount not less than $1,000,000 combined single limit for injury or death or property damage as a result of any one accident, incident or occurrence. The policy shall also include coverage for liability arising out of owned vehicles, non-owned vehicles and hired vehicles. The policy shall also, if available, include "extended broad form liability coverage". The liability insurance policy shall be an occurrence type policy. B. Workers' Compensation Insurance. Consultant, at his own cost and expense, shall procure and maintain during the performance of this Agreement by him a policy of workers' compensation or employers liabil- ity insurance issued by an insurance company acceptable to Owner for the protection of Consultant's employees, including executive, manager- ial, and supervisorial employees, engaged in any work required by this Agreement. The limit of employers liability coverage shall not be less than $1,000,000 per aggregate. C. E&O Insurance. Consultant, at his own cost and expense, shall procure and maintain at all times during the performance of this Agree- ment, a policy of professional errors and omissions liability insurance issued by an insurance company acceptable to Owner in an amount not less than $1,000,000 per occurrence and annual aggrega.te. D. Evidence of Insurance. Before Consultant shall commence work under this Agreement, Consultant shall deliver to Owner a certificate evidencing the existence of each policy of insurance required hereby. Each such certificate shall call for at least 30 days notice to Owner prior to cancellation. Each policy of insurance required shall name Owner as an additional insured, if such endorsement is available from the insurer. INDEMNITY. SECTION 13. Consultant shall indemnify and hold Owner free and harmless from any and all claims, losses, damages, injuries, and liabilities arising from the death or injury of any person or persons, including employees of Con- sultant, or from damage or destruction of any property or properties, caused by or connected with any negligent error, act or omission by Consultant, his agents, subcontractors, employees, or servants in con- nection with his services under this agreement. IN WITNESS WHEREOF, City and Consultant have executed this Agree- ment on this 10th day of February , 1987. THE CITY OF CHULA VISTA WILLDAN ASSOCIATES //~\ ~-~C' h~ul~a~V~sta Mayor of th~ COy of ATTES~z72~ ~City 'Clerk Approved as to form by ~/~ Att°rT~