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HomeMy WebLinkAboutCC 6 RELOCATE PROP 11-07-94NO. 6 11-7-94 ,ATE: NOVEMBER 7, 1994 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT AUTHORIZATION TO EXECUTE AGREEMENT FOR RELOCATION SERVICES FOR 192L AND 1951 EL CAMINO REAL DUE TO THE PROPOSED WIDENING OF EL CAMINO REAL (POW. FILE NO. 1059) RECOMMENDATION It is recommended that the City Council at November 7, 1994 approve the following actions: their meeting of Authorize a supplemental budget appropriation to the 1994-95 Capital Improvement Program Budget (Project No. 700116) in the amount of $25,000.00 from the unappropriated reserve of the Measure "M" Turnback funds for relocation services. 2. Authorize staff to execute an agreement with Pacific Relocation Consultants for relocation services, subject to final approval by the City Attorney. FISCAL IMPACT Preparation of the Relocation Plan as required by the California Code of Regulations, and subsequent relocation of the tenants residing in the City-owned property at 1921 and 1951 E1 Camino Real, will require a supplemental budget appropriation to the Capital Improvement Program Budget in the amount of $25,000.00 from the unappropriated reserves of the Measure "M" Turnback Funds. BACKGROUND AND DISCUSSION On June 1, 1994, the City acquired the property located at 1921 and 1951 E1 Camino Real at a Trustee's sale. The purpose of the acquisition was for the future widening of E1 Camino Real between Red Hill Avenue and Browning Avenue. The planned widening required a full property take and the ultimate demolition of the residential structures on the property. The widening project is currently under design and is tentatively scheduled for 1998-99, pending acquisition of the remaining necessary right-of-way. Currently, there are two structures on the property, comprising ten apartment units and a laundry facility. Nine of the units are presently occupied on month-to-month rental agreements. While minimum building and property maintenance codes have been met, staff is recommending that the relocation process be implemented immediately and that the structures subsequently be demolished due to the condition of the property and the on-going level of maintenance necessary to continue meeting building and health and safety codes. CONCLUSION TO facilitate the complicated relocation process, staff is recommending a supplemental budget appropriation of $25,000.09. The proposed contract amount is f~r $19,750.00; however, staff is requesting the amount of $25,000.00 as there may be additional costs for relocation of multiple families found within a single unit ($825.00 per additional family). Staff is also requesting authorization to execute a Relocation Assistance Agreement with Pacific Relocation Consultants, pending final approval from the City Attorney. Pacific Relocation was selected for this project because of the highly specialized nature of the relocation assistance process and the degree of expertise and experience of the firm. Pacific Relocation will prepare the Relocation Plan as required by the California Code of Regulations and will carry out the subsequent relocation of the tenants. Sections I and II of the attached proposed agreement detail the scope of services to be provided. Tim D. Ser~t Katie Pitcher Director of Public Works/ Administrative Assistant II City Engineer PACIFIC RELOCATION CONSULTANTS NORTHERN CAUFORMA 333 HE~NE}ERG~R ROAD August 24, 1994 Katie Pitcher City of Tustin Public Works/Engineering Department 300 Centennial Way Tustin, California 92680 j~ i TUSIIN PUBLIC WORKS DEPT. Re: PROPOSAL TO PROVIDE RELOCATION ASSISTANCE SERVICES This is in follow-up to your meeting with Steve Oliver, of our firm, regarding ',he relocation services needed for thc displacement of approximately 10 residential tenants for a widening project. Steve mentioned to you the need for the preparation of a relocation plan in conjunction with these displacements. You should plan on a six to eight week time frame to complete the plan process. The relocation plan is a document that must be submitted to the Department of Housing & Community Development for review and comment at least 30 days prior to adoption by the local legislative body and prior to displacement activity. The California Code of Regulations, Title 25, Chapter 6 specifically requires that a plan be prepared when residential displacement is a part of a project. Section 6038 outlines the requirements of the relocation plan. We will prepare the relocation plan and carry out the relocation of these tenants as follows: PREPARATION OF RELOCATION PLAN Flat fee of $1,800.00 plus $135.00 per household Based on 10 cases, the fee for the relocation plan would be $3,150.00 RELOCATION OF TENANTS Flat fee per case of $1,650.00 x I0 $16,500.00 * * It must be noted that there may be overcrowded units found in this building. If there are multiple families found within a single unit it will be necessary to add the equivalent one half of the above mentioned case rate ($825) to handle the second family. WeAre preparegl to begin given at least five working days notice to proceed. Enclosed I--Y°? ~ill £md ppr ~/~ndard agreemeut for your review. W~ ~a,.q~c. [ yot~ .foq/~his opporturfity to be of service and look fora,ara to working with yqu qn tn~; Si ce ely David A. Cradler Principal RELOCATION SERVIcEs AGREEMENT by and between Stadler, Shober & Cline, Inc., dba Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, CA 90802-4432 FIN: 95-3559948 (hereinafter "Consultant") and Date for reference: Auqust 24, 1994 Term: To Completion Project: City of Tustin Contract Amount: ~ 19,750.00 City of Tustin 300 Centennial Way Tustin, CA 92680 (hereinafter "City") County: Oranqe Relocation Guidelines: State This agreement is dated as of this __ day of , 19 , by and between the City of Tustin., County of Oranqe , hereinafter called "City" and Stadler, Shober & Cline, Inc., dba Pacific Relocation Consultants, a California corporation, hereinafter called "Consultant". RECITALS WHEREAS, the City requires specialized services to perform in connection with the administration of City's programs requiring relocation assistance, thus exempting it from bid requirements; and WHEREAS, Consultant is to be engaged in the supervision and administration of said programs for providing relocation assistance services; and WHEREAS, Consultant represents that he has that degree of specialized expertise contemplated within California Government Code, Section 37103; and WHEREAS, the City has determined that Consultant is qualified to perform the required services; and WHEREAS, no official or employee of City has a financial interest in the subject matter of this agreement contemplated within the provisions of California Government code, Section 1090-1092; and/or applicable Federal Rules & Regulations. NOW THEREFORE, in consideration of the mutual promises of the parties, and other good and sufficient considerations, the parties agree to the following rights, duties, obligations, liabilities, terms, conditions and covenants: SCOPE OF SERVICES. Consultant agrees to supervise and administer programs set out by City for providing relocation assistance and will act as the representative of City in connection with the investigation, processing, supervision and completion of relocation assistance services duly authorized by City for persons who reside or do business in the project area and/or are eligible, under applicable !aw, for relocation benefits in connection with any program administered bv City. This relocation assistance includes but is not limited to the following services: A. Interview displacees to ascertain relocation housing needs and special requirements. Page 2 of 8 B. Inform displaced persons of available relocation assistance and explaining relocation process. II. C. Search for relocation sites and referrals of same. Prepare and distribute Informational Brochures, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as appropriate. E. Determine eligibility for, and proposed amount of relocation benefits. F. Prepare all applicable claim forms. G. Secure claimant's signatures on claim forms. H. Submit claim forms to City for processing and payment. Inspect replacement dwellings to assure they meet "decent, safe & sanitary" standards. J. Coordinate the move to replacement site, as necessary. K. Deliver of benefit checks and other appropriate payments to claimants. Provide referrals, as appropriate, to respective social service agencies and community organizations, and advise of economic and social aids available to claimants. M. Provide displacees with an on-going advisory services to minimize their hardship. Maintain individual files on each claimant. Provide periodic standard status reports on the disposition of relocation activities. ADDITIONAL SERVICES. The following additional services shall be performed at the request of the City and shall be compensated in accordance with Paragraph VII.C.: Preparation of Relocation Plans, Relocation Guidelines, Cost Estimates, Project Area Surveys and other specialized reports as specified by the City. Provide City with the administrative and management advice assuring the proper conduct of the program, establishing and/or modification of procedures, etc. Co Outside representation of the City in the form of participation in citizen group meetings, Project Area Committee (PAC), court appearances, presentations, hearings, testimonies, etc. Interim property management services: preparation and delivery of rental agreements, collection of rent payments, abandonment verification, necessary repairs and maintenance, board-up and security services, utility disconnection, and other services agreed upon. Page 3 of 8 III. IV. VI. E. Identification, monitoring and processing of Last Resort Housing cases, F. Training of City's relocation staff. Other services exceeding ScoPe of Services outlined in Paragraph I. SUBCONTRACTORS. Prior to or during the implementation of any project Consultant may retain services of other specialized firms and individuals necessary for the administration of the services as described above: acquisition services, fixtures and equipment appraisal, bulk transfer notices, repair and property maintenance, demolition, and others. Such services m~y be retained exclusively with the consent of City. SL~ch services shall be compensated in accordance with Paragraph VII.D. CITY DUTIES. City agrees to provide during the term of this Agreement services of a continuing nature designed to aid and facilitate the performance of services by Consultant: Provide Consultant with or avail access at any reasonable times to any plans, publications, reports, statistics, records or other data pertaining to any services performed under this Agreement, which are reasonably available to the City. Provide full and timely information to Consultant as to programs where relocation assistance is required and regulations and policies adopted by City in respect to those programs. Assist Consultant, its agents and employees in arranging for interviews with City employees and agents involved in the administration of all programs requiring relocation assistance services, and provide staff assistance and take prompt action when requested by Consultant to facilitate proper and timely performance by Consultant. D. Provide City's forms and stationery to be used for services under this Agreement. Provide for timely review and approval of Consultant's proposed relocation assistance benefits to respective program participants. TERM. This Agreement shall take effect upon the date first referenced above and shall continue in effect as indicated above, until superseded by another agreement between the City and Consultant or until canceled by either party as hereinafter provided. Services in any project subject to this Agreement shall commence upon issuance of an authorization to proceed. Prior to. initiatior~ of services City may submit to Consultant, through written notice, expected time"limits for the completion of any and all services herein contemplated or subsequently requested. APPLICABLE RELOCATION GUIIDELINES. Consultant shall comply with all applicable Federal, State and local laws, and procedures and policies adopted by City in performing the services contemplated herein. In particular, Consultant shall comply with the Relocation Guidelines during the administration of the relocation programs subject to this Agreement. Page 4 of 8 VII. COMPENSATION. Consultant shall be compensated for services rendered according to the terms and conditions provided in this Agreement. tf the maximum compensation limit is to be established for services under this agreement, the City shall pay the Consultant an amount not to exceed $19,7§0.00. Additional cases identified during the implementation of the project and/or other substantial changes in the required scope of services or case duration shall cause revision of the project maximum. For services rendered as outlined in Paragraph I. Consultant shall be compensated in accordance with the following per--case rate schedule: Residential Tenants and Owner-Occupants $1,650.00/per case Co Compensation for business, commercial, and industrial cases depends upon the complexity of the case, and is to be determined after the site inspection. After such inspection Consultant will provide to the City a Statement of Project Maximum for any project authorized by the City under this Agreement. Consultant may submit invoices for services rendered according to the above per-case schedule no sooner than when a claimant has moved from the project site. For any project covered under this Agreement Consultant may elect to be compensated monthly for services rendered as outlined in Paragraph I. based on the hourly rate schedule, however, in no event the total hourly compensation may exceed the maximum project compensation. The hourly rate schedule is as follows: Corporate Officer Project Manager Relocation Specialist Administrative/Secretarial $100.00 $85.00 $70.00 $35.00 For hourly compensation consultant shall submit an invoice within ten (10) business days after the first of each calendar month for services rendered during the preceding month containing hourly breakdown of services performed, dates, number of hours, by whom the services were performed, and hourly rate of person performing the services. Upon completion of services the remaining balance of the project maximum shall become immediately due and payable. For additional services performed under Paragraph II. Consultant shall be compensated according tc [he above hourly rate schedule or a mutually agreed flat fee. Specifically, for the preparation of each Relocation Plan Consultant shall be compensated as follows: flat fee of $1,800.00 plus $135.00 per each case (Tenant/Owner/Business), for Last Resort Housing processing Consultant shall be compensated as follows: Page 5 of 8 VIII. IX. XI. XlI. Xl!l. flat fee of $400.00 per each LRH case, payable upon the first LRH claim, For administering sub-contractor services performed under the Paragraph II1. of this Agreement, Consultant shall be compensated for actual expenses incurred when sub-contracting these services plus fifteen (15) percent administrative cost. Consultant agrees to make sincere effort to keep those costs contained. PAYMENTS TO CONSULTANT. City shall pay Consultant within thirty (30) days in accordance with invoices submitted to the City. Hourly and per-case compensation rates described above are subject to periodic cost-of-living adjustments. Any such adjustments cannot be proposed by Consultant more frequently than one (1) time during each calendar year following the date of this Agreement, however the first adjustment cannot be proposed during the first 12 months after this Agreement takes effect. Said adjustments mutually agreed upon by City and Consultant, shail be incorporated intc this Agreement in writing. Furthermore, the City retains the right to withhold payments to the Consultant in the amount not greater than ten (1 O) percent of the per-case compensation for any case until such case is deemed billable as specified in Paragraph VlI.A. OWNERSHIP OF RECORDS. All of the files, reports, information and data prepared or assembled by Consultant under this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without prior written approval of City. Consultant further agrees that all files and other work-products remain property of the City and shall be turned over to the City at close of any project. City shall retain the right to audit Consultant's books and records pertaining to this Agreement and work performed pursuant thereto. CONFIDENTIALITY. Consultant agrees to keep confidential all records and information pertaining to the services performed under this agreement, and shall not disclose such information to any third party except on the direct authorization by City. APPROVAL OF BENEFITS. Consultant recognizes that City retains the sole and exclusive right to determine or approve the eligibility of program participants for relocation assistance and/or the amount of relocation assistance and payment. Accordingly, Consultant shall not be held liable for City's exercise of said right in accepting, rejecting or otherwise modifying Consultant's proposals. KEY PERSONNEL. When requested by City, Consultant shall assign employee(s) to work directly under City supervision in project areas where Consultant performs services under this Agreement. CONFLICT OF iNTEREST. Consuitant certifies that it presently has no interest and shall not acquire any interest, direct or indirect, monetary or otherwise, which would conflict in any manner or degree with the performance of this Agreement. No person having such interest shall be employed by or associated with Consultant. Specifically, in performing the services to be provided hereunder, Consultant shall not employ or retain services of any person while such person is employed by the City. Page 6 of 8 XlV. XV. XVl. Xvii. XVIII. XiX. TERMINATION. This Agreement may be canceled by either party giving to the other, in writing, thirty {30) days' notice of its intention to cancel this Agreement. In the event of cancellation of this Agreement by either party Consultant shall immediately terminate any and all activities related to performance of this Agreement unless otherwise agreed, and shall be compensated for services performed up to and including the day when Consultant discontinues services. INDEPENDENT CONTRACTOR. Consultant is, and shall be, acting at all times as an independent contractor herein, and not as an employee, representative or agent of City, and shall maintain complete control over its employees. Consultant shall be free to contract for similar services to be performed for others during this Agreement. INSURANCE. Consultant shall secure and maintain during the life of this Agreement the following insurance coverage: Statutory California Workers' Compensation coverage for all Consultant's employees providing services hereunder. General liability coverage for personal injury and property damage. Coverage shall be limited to $1,000,000per occurrence. Upon request, Consultant shall provide City with a Certificate of Insurance as to the coverage referred to herein naming the City as an additional insured. INDEMNIFICATION. The Consultant and the City shall mutually indemnify, defend and hold harmless each other, their officials, agents and employees from and against any and all claims, demand, causes of action, losses, damages, and liabilities arising out of the performance of this services described herein, caused in whole or in part by Consultant or City, their agents or employees, or any alleged negligent or intentional act, omission or misrepresentation by Consultant or City, their agents or employees. NONDISCRIMINATION. During this Agreement Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. NOTICES. An,/and all notices directed to Consultant from City shall be addressed as foilows: To the Consultant: To the City: David A. Stadler President Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, CA 90802-4432 Page 7 of 8 XX. AMENDMENTS. No change, amendment or modification to this Agreement shall be effective unless it is in writing, signed by both parties. XXl. GOVERNING LAW. This Agreement shall be governed by, and construed under the laws of the State of California. XXll. SEVERABILITY. In the event any provision of this Agreement shall be determined or declared invalid, illegal or otherwise unenforceable, such occurrence shall in no manner affect all other provisions of this Agreement, which shall remain in full force and effect as if that provisions was not originally contained in this Agreement. XXIII. ENTIRE AGREEMENT. This Agreement and any attachments or documents incorporated herein, constitutes the complete and entire agreement between the City and Consultant and supersedes any and all prior agreements, commitments, and proposals, oral or written, with respect to this subject matter. IN WITNESS THEREOF, the City and Consultant are executing this Agreement to be effective as of the date first hereinabove set forth: STADLER, SHOBER & CLINE, INC. dba PACIFIC RELOCATION CONSULTANTS FIN: 95-3559948 BY: David/~/~ Stadler BY: TITLE: DATE: THE CITY OF TUSTIN Page 8 of 8