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HomeMy WebLinkAboutReso 1989-15158 RESOLUTION NO. 15158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLDAN ASSOCIATES FOR THE RESPREAD OF EAST "H" STREET ASSESSMENT DISTRICT 87-1 AND PREPARING THE ANNUAL COLLECTION REPORT 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 WILLDAN ASSOCIATES for the respread of East "H" Street Assessment District 87-1 and preparing the Annual Collection Report dated the 11 day of July , 1989, 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 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~ ,dLA VISTA, CALIFORNIA, this llth day of. July 19 89 , by the following vote, to-wit: AYES: Councilmembers Nader, Cox, Malcolm, Moore, McCandliss NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci 1 members None May~'~the dity of 'Chulo Vista ci,y c,erk / TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornia, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTTON N0. 15158 ,ond thor the some hos not been omended or repeoled DATED City Clerk CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA .1 AND WILLDAN ASSOCIATES FOR ASSESSMENT ENGINEERINQ CONSULTING SEFW1CES ? . ,- THIS AGREEMENT, made and entered into this It day of -,TuZy , 1989 I by and between the CITY OF CHULA VISTA, a m~al ~orporation (here nafter referred to as 'City'), and WILLDAN ASSOCIATES, a California' corporation (herein- after referred to as 'Consultant); WITNESSE'~'H: WHEREAS, CITY has confirmed vark~ assesm~ent o'istdcts in the eastern WHEREAS, Consultant was retained as,the 'Assesjm'nent Engineer by me City for Assessment D si~Jd 87-1 and prepared the Eng neer's Report, Indudlng the spread" of the cost of improvements to the parcels existing at that time, and WHEREAS, City is desirous of hiring a Consultant to' apportio~l the odginal assessments placed on certain parcels to newly' created perceis that have subdMded in the assessment district since that time, and WHEREAS, Consultant had an option in the original contract with City for providing such apportionment eervfces. NOW, THEREFORE, IT !S HEREBY MUTUALLY AGREED t:~ and between the parties hereto as follows: SCOPE OF SERVICES SECTION 1, Perform 1913 Act lian apportionments pursuant to Part 10.5 of DMslon 10 of'the California Streets and Highway Code, consisting of the following services in conJunc- TASK 1: Prior to authod~,~ion of any land dMsion within the boundeJ~.es of Assess- ment District 8,~-1, the C~ will require the owner to sign an application for the apportionment. TASK 2: City wig co~ect from the appik,-ant any applicable fee for the apportionment, TASK 3: City will provfde Consultant, or direct the applicant to provide to Consult- ant, a reproduc~le copy of the map to be recorded showing the divi- sion(s). TASK 4: Consultant shall apportion the lien amongst the newly created parcels in the manner that would have been done had such parcelizatlon existed at - =, the time of confirmation of the District. TASK 5: Consultant will prepare e rev sad assessment diagram. TASK 6:! Consultant will verify~h'~t *th; '~l~pllcatlon Is signed by all parties of Interest and to accomplish thls, may require of the applicant necessary verlficaUon, including but not limited to, title reports. TASK 7: Consultant ~t~l';'~a;::l by registered or cartfiled mall, 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 wfth a notida of the pending apportionment. TASK 8: If an obJe~o~ and ~;eq~st' for hoering Is receded from the Underwriter, the procedure will be handled pending a review and meeting between the appropriate City officla s, the Underwriter, the app cant, and Consultant. If no objection is received, the procedure is~continued as follows. TASK 9: 'The amended assessment diagram is submitted to the Superintendent of Streets for signature. TASK 10: Consultant sul~mlts 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. Developer will pay any required recording fees. TASK 12: Consultant will prepare the Annual Collections Report which provldes a listing of the annual assessments due for each parcel including both principal and Interest. TASK 13: Consultant will prepare and submit to tho Cour:fy Tnx Auditor an annual collations tape based upon the Annual Collections Report prepared in Task 12, ~bove. The above procedures shall be reviewed and approved as appropriate by the error. nay providing the bond opinion. SCHEDULE OF WORK ANt) TERM August 7th o~ each year for transfer to the County Auditor. SECTION 3. 1. Consultant shall be pald $32 per parcel for the apportionments accomplished pursuant to Task ~4 of Section I or $1,000 lump sum, whichever Is greater. 2. Consultant shall be paid $1.50 per each parcel Identffied on the tape prepared pursuant to Task 13 of Section I or $750 lump sum, whichever is greater. ff such services are! p~rformed after December 31, 1989, the per parcel fees In I and 2 above, shall be increased by the same percentage increase in the Consumer Price Index, San Diego all urban consumers Index, as of January 1st of each year. Consulant 'a monthly bas e, 'based on the percent cornplate of a predetermined maximum number of newly subdivided parcels as agreed to between City and Consultant. ' SECTION 4. City further agrees to furnish to Consultant, In a timely manner, such maps, reoords, previous annual collection tapes and reports, and other documents and proceedings, · or certified coples thereof, as are available and may be reasonably required by Con- suitant in the performance of these services, CONFLICT OF INTEREST SECTION 5, '~;: ~ Consultant presently has ~nd shall 8cciulre no Interest whatsoever In the subject e7 ' matter of this Agr.eement, direct or Indirect, which would constitute a conflict of inter- ; !,' .:., est 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 CAUSI~ ~'~ If. through any fall to fuffill 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 gMng written notice to Consultant of such termination and specify- i't Ing 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, sur- veys, 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 i~ documents and other materials up to the effective date of notice of termination, not to ~,,~ exceed the amounts payable under Section 3, herelnabove. lty ay termlnate this Agreement at any time and for any reason by giving written 'notice to Consultant of such termlnat;on end speclfylng the effecWe date thereof, st least thirty (30) days before the effective date of such termlnatlon. In that event, all finished and unfinished documents and other materials described in Section 6, hereln- !. above, shelF, at the option of the City, become Clty's sole and exclusive property. If 'the Agreement Is terminated by City as provided In thle paragraph, Consultant shall be entitled to receive Just and equitable compensation for any satisfactory work !i 'completed on such documents and other materials to the effective data of such '. termination. Consultant hereby expressly waives any and all claims for damages or compensation arlslr~g under this Agreement except as set forth In Sectlon 3, hereln- above, In the event of such termination. SECTION 8. Consultant' Shall not assign any Interest In this Agreement, and shall not transfer any ,, . Interest In the same (whether by assignment or novaton), wthout pror wrtten con. ;~: ':' ;~' sent of City; provided however, that claims for money due or to become due to ':!'!:/Consultant from City under the Agreement may be assgned to a bank, trust corn- pany, or other financial tnstltutlon without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approvaJ may not be further assigned without City approval. OWNERSHIP. PUBLICATION. REPRODUCTION AND USE OF MATERIAl- SECTION 9.' ~ :':. ~ -". All ~'eports, studlea, 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 unrestricted 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 0nly In the results obtalned, 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 corn- .. plated. Consultant and any of Consultant's agents, employees, or representatives are, for all purposes under thls 'Agreement, an Independent contractor, and shall not be deemed to be an employee of City, end 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 offer leave bane- '.. CHANGES SECTION 11, CIty may from t/me to time require changes In the scope of the services by Consult- ant to be perform~.~ under this Agreement. Such changes, Including any increase or decrease in the amount of Consultant'~ compensation, which are mutually agreed upon by City and Consultant shall be effective as amendments to this agreement only when In writing. A. 'l,~ Consultant, at his own cost and expense, shall procure '~. and maintain during the performance of this Agreement policies of comprehen- ./. .sive liability.. Insurance issued by insurance companies acceptable to Owner, "Insuring Consultant against loss or liability caused by or connected with the performance of thls Agreement by Consultant, hls agents, subcontractors, employees, cr 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 vehlcles, non-owned vehicles and hired vehicles. The policy shall also, If available, include 'extended board form liability coverage'.. The liability Insurance policy shall be an occurrence type policy. . B.; Worker'a Co~_D'e~ss;tlo~ Consultant, at his own Cost and ex- .;. pense, shall procure and maintain during the performance of this Agreement by him a policy of w. orkers' compensation or employers liability insurance Issued by an Insurance company acceptable to Owner for the protection of Consultant's 'employees, Including executive, managerial, and supervlsorlal employees, engag- ed In any work required by this Agreement.. The limit of employers liability .! coverage shall not be less than. $1,000,000 per aggregate. .. "' professional errors ancl'omisslons liability Insurance Issued by an Insurance 1 company acceptable to Owner In an amount not less than $ ,000,000 per occurrence and annual aggregate, D, Evldenee of Insurance ~- 'Bofore Consultant shall commence work under this Agreement, Consultant shall deliver to Owner a certificate evidencing the exist- ence 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 endorse- ment Is available from the Insurer, $ECTIO!,i 13 :'~ II Indemnify and hold Owner free and harmless from any and all .... dalm~, losses, damages, injuries, and liabilities arising from the death or Injury of any 'person or persons, Including employees of Consu tent, or from damage or destruction ' ::,;:~,:,.. th|s 11th day of July ,1989. -. '- THE CITY OF CHULA VISTA WILLDAN ASSOCIATES C(~'ierlc / Approved al to form by: CCCC~ Attomsy~j/' .