HomeMy WebLinkAboutMINUTES - 09092003 - C.16 TO: BOARD OF SUPERVISORS ,
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE:September 9, 2003
SUBJECT: APPROVE and AUTHORIZE the Public Warks Director, or designee, to Execute an
Agreement for Real Property Services between the County of Contra Costa and Sanli,
Pastore, and Hill Inc. for the State Route 4 East, Railroad Avenue to Loveridge Road
Project, Pittsburg Area (District V)
Project No.: 4660-6X4287
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1, Recarnm _ndad tion'
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on behalf of
Contra Costa County an Agreement for Real Property Services with Sanli, Pastore, and Hill Inc. in
the amount of $60,000, effective June 1, 2003 to June 1, 2004 for good will loss valuation services
and expert witness services in connection with the State Route 4 East, Railroad Avenue to
Loveridge Read Project,
11. Fiscal Impar_ :
Payments under this contract are covered from funding by the Contra Costa Transportation
Authority (CCTA). Costs will be charged directly to the project.
Ill. Reang for Recommendations and Rackgrolli fid:
County staff members wish to retain the professional services of this firm because of its reliable
performance and experience in appraisal of the type of parcels involved.
IV. nnc _nces of N C1atiye Action:
The County would be unable to retain th ices necessary to complete the assigned project in a
timely manner.
Continued on Attachment:— SIGNATURE: "__/1
_
RECOMMENDATION OF COUNTY ADMINIS"T TOR
-ECOMMENDATION OF BOARD COMMITTEE
APPROVE.^• OTHER
SIGNATURE fS
ACTION OF E3 DON APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUR'�ISORS
XX UNANIMOUS(ABSENT `7 )
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
crs:eh minutes of the Board of Supervisors on the
G:\Grp7ata\RealProp\2003-Files\BOs&RES\BOSanii,Pastore,Hill.doc date shown.
Orig.Div: Public Works(RIP) ��� �� �� 2���
Contact: C.Sousa(313-2223) ATTESTED:_
cc: County Administrator JOHN SWEETEN, Clerk of the Board of
Auditor-Controller(via RIP) Supervisors and County Administrator
r.�
P.W.Accounting
Board Orders Senior Clerk,Adm. By /� Deputy
AGREEMENT FOR REAL PROPERTY SERVICES
1. SPECIAL CONDITIONS: These special conditions are incorporatedbelow by reference:
a. Public Agency: Contra Costa County 1
b. Project name, number and location: State Route 4 East at Railroad Avenue,
Project No. 4660-6X4287
Railroad Ave. to Loveridge Rd.
C. Contractor's name and address: Sanli, Pastore & Hill, Inc.
2151 River Plaza Drive
Sacramento, CA 95833
d. Effective date: 6/1/03 Completion date: 6/1/04
e. Payment limit: $60,000 Fed. Tax ID No. 95-4558283
2. SIGNATURES: These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu n
Public Works Director/ By:
Chief Engineer, or Designee (Design it the business Type of Business:sole
proprietorship, government agency, partnership, corporation, etc.)
e
If Corporation, State of Incorporation: �• e �Bv/44�)-� By.
(Designate official capacity in the business)
Note to Consultant:For corporations,the contract must be signed by two officers.The first signature must be that of
the chairman of the board, president, or vice-president; the second signature must be that of the secretary,
assistant secretary, chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec.
313.)The acknowledgment below must be signed by a Notary Public,
3. PARTIES: Effective on the above date, the above-named Public Agency and Contractor
mutually agree as follows:
4. CONTRACTOR'S OBLIGATIONS: Contractor shall provide real property relocation,
acquisition and appraisal services set forth in Section 5 hereof, in connection with the
Agency's project as described in Section 1 hereof, subject to all the terms and conditions
contained or incorporated herein.
5. SERVICES TO BE PERFORMED BY CONTRACTOR: The services to be performed by
Contractor under this contract are as follows:
a. Perform inspections and undertake studies of subject properties;
b. Investigate the businesses and their respective operations including, but not limited
to,the following procedures: Review and analysis of operations;review and analysis
of market research data;quantitative and qualitative industry,economic,competition
reviews, computerized data searches and analyses; and reviews of fixtures and
equipment and real estate appraisals if available.
b. Provide and opinion of total goodwill;
C. Provide and opinion of lost goodwill, if any; and
d. Preparation of color graphics, spreadsheets and exhibits, as deemed necessary.
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` 6. CONFIDENTIALITY: It is understood and agreed that all services, data, documents,
records, reports, or other matters written or oral pertaining to this contract are confidential,
and the Contractor agrees that he/she will not disclose these matters, data or related items
in whole or in part, to any person whatsoever, except at the prior written request and
direction of the Agency.
7. INSURANCE: Contractor shall, at no cost to Agency, obtain and maintain during the term
hereof:
a. Workers' Compensation Insurance pursuant to state law.
b. Comprehensive or Commercial General Liability Insurance,also known as Business
Pursuits Liability Insurance, including coverage for blanket contractual liability,broad
form property damage and owned and non-owned vehicles, with a minimum
combined single limit coverage of $300,000 for all damages due to bodily injury,
sickness or disease, or death to any person, and damage to property, including the
loss of use thereof,arising out of each accident or occurrence, and naming Agency,
its board, officers and employees as additional insureds. Contractor shall promptly
furnish to Agency certificates of insurance evidencing such coverage and requiring
30 days written notice to Agency of policy lapse, cancellation or material change in
coverage.
C. Contractor shall also maintain automobile liability insurance in an amount no less
than $100,000/$300,000/$50,000 or a minimum of$300,000 combined single limit.
The contractor need not name the Agency as an additional insured under the
automobile liability insurance policy. However, a certificate evidencing such in-
surance shall be required.
All insurance shall provide for a 30 day written notice in the event of cancellation by
the contractor.
Any and all of the above insurance requirements will be acceptable in the form of an
Accord form certificate signed by an authorized insurance agent,broker or insurance
underwriter.
8. PAYMENT: Agency shall pay Contractor for professional services performed at the rate
outlined in attached Appendix A, when data is delivered to Agency. Said rate includes all
overhead and incidental expenses,for which no additional compensation shall be allowed.
In no event shall the total amount paid to Contractor exceed the payment limit specified in
Section 1.e without prior written approval of the Contra Costa County Board of Supervisors.
Contractor's statement of charges shall be submitted at intervals convenient to the Agency.
9. STATUS: Contractor is an independent contractor and is not to be considered an employee
of Agency.
10. TERM AND TERMINATION: This Agreement shall remain in full force and effect until the
termination date set forth in Section 1.d above unless the completion date is extended in
writing by the Agency or unless this Agreement is terminated earlier,as provided for herein.
At its option, Agency may terminate this Agreement at anytime, for any reason, by written
notice to Contractor, whether or not Contractor is in default. Upon such termination,
Contractor agrees to turn over to Agency everything pertaining to the work possessed by
him/her or under his/her control at that time, and may be paid, without duplication, all
amounts due or thereafter becoming due on account of services rendered to the date of
termination. The obligations imposed by Section 12 of this contract shall survive the
termination of this agreement.
11. RECORD RETENTION: Except for materials and records delivered to Agency, Contractor
shall retain all materials and records prepared or obtained in the performance of this
Agreement, including financial records,for a period of at least three years after receipt of the
final payment under this Agreement. Upon request by Agency Contractor shall make such
materials and records available to Agency at no additional charge and without restriction or
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{ limitation on their use. Contractor shall also make such materials and records available to
authorized representatives of the State and Federal Governments at no additional charge.
12. Indemnification. Consultant shall indemnify,defend, save,protect,and hold harmless Public
Agency, its governing body,officers,employees,representatives,and agents("Indemnities")
from any and all demands, losses, claims, costs, suits, liabilities, and expenses for any
damage, injury, or death (collectively "Liability',) arising directly or indirectly from or
connected with the services provided hereunderwhich is caused,or claimed oralleged to be
caused, in whole or in part,by the negligence or willful misconduct of Consultant, its officers,
employees,agents,contractors,subconsultants,or any persons under its direction or control
and shall make good to and reimburse Indemnities for any expenditures, including
reasonable attorneys'fees and costs,the Indemnities may make by reason of such matters
and, if requested by any of the Indemnities,shall defend any such suits at the sole cost and
expense of Consultant. Consultant's obligations under this section shall exist regardless of
concurrent negligence or willful misconduct on the part of the Public Agency or any other
person; provided, however,that Consultant shall not be required to indemnify Indemnities for
the proportion of liability a court determines is attributable to the negligence or willful
misconduct of the Public Agency, its governing body, officers, or employees. This
indemnification clause shall survive the termination or expiration of this Agreement.
13. BREACH: In the event that Contractor fails to perform any of the services described in this
Agreement or otherwise breaches this Agreement,Agency shall have the right to pursue all
remedies provided by law or equity. Any disputes relating to the performance of this
Agreement shall not be subject to non-judicial arbitration.
14. SUBCONTRACT AND ASSIGNMENT: Contractor shall not subcontract any of the work or
assign any of his rights or obligations under this contract without the prior written consent of
Agency.
15. CONFLICT OF INTEREST: Contractor warrants that he/she has no interest, present or
contemplated, in the property or properties affected by this Agreement. Contractor shall not
voluntarily acquire, prior to acquisition by Agency,any interest,direct or indirect,in any of the
parcels sought by Agency. Contractor shall immediately notify Agency in the event he/she
discovers that he/she has any such interest in a parcel for which the Agency also seeks an
interest. Contractor and members of contractor's staff shall avoid any actual or potential
conflict of interest and agrees to notify Agency immediately of any case or situation which
may involve an actual or potential conflict of interest.
16. COMPLIANCE WITH LAW: Contractor shall be subject to and comply with all Federal,
State, and local laws and regulations applicable with respect to its performance under this
Contract, including but not limited to: (a)licensing, employment and purchasing practices,
(b) wages, hours and conditions of employment, including nondiscrimination, and (c) all
requirements relating to appraisal, acquisition and relocation services, including, but not
limited to, Sections 7267 et seq. of the Government Code.
17, TIME IS OF THE ESSENCE IN THIS AGREEMENT.
18. ADDENDUM: This Contract shall be subject to the terms and conditions of a written
Relocation Services Addendum and/or Appraisal Services Addendum in the form prescribed
by the Public Works Director. The applicable addendum will be executed by the Contractor
and the Public Works Director subsequent to the date of this Agreement,on a case by case
basis, as each property relocation, acquisition and/or appraisal project is assigned to
Contractor. Upon execution, the applicable addendum shall become part of this Contract.
The applicable addendum may be modified, amended or superseded from time to time by
written agreement signed by the Contractor and the Public Works Director.
19. ENTIRE AGREEMENT: This Contract as supplemented by a written Relocation Services
Addendum and/or Appraisal Services Addendum, contains all the terms and conditions
agreed upon by the parties. Except as expressly provided herein, no other understanding,
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oral or otherwise shall be deemed to exist or to bind any of the parties hereto, This contract
may only be modified or amended by a written agreement of the parties.
20. NO THIRD-PARTY BENEFICIARY: Notwithstanding mutual recognition that services under
this Contract may provide some aid or assistance to members of the County's population, it
is not the intention of either the County or Contractor that such individuals occupy the
position of intended third-party beneficiaries of the obligations assumed by either party to
this Contract.
21. NON-DISCRIMINATION: In the performance of this contract, the Contractor will not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry,or national origin.The Contractor will take affirmative action to ensure that
applicants are employed,and the employees are treated during employment,without regard
to their race,color, religion,ancestry,or national origin. Such action shall include,but not be
limited to the following: employment, upgrading, demotion or transfer; recruitment
advertising;layoff or termination;rates of pay or otherforms of compensation;and selection
for training, including apprenticeship. The Contractor shall post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the State
setting forth the provisions of this Fair Employment Practice section.
22. COVENANT AGAINST CONTINGENT FEES:
The Consultant warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the consultant, to solicit or secure this
agreement, and that he/she has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any
other consideration, contingent upon or resulting from the award or formation of this
agreement. For breach or violation of this warranty,the Local Agency shall have the right to
annul this agreement without liability,or at its discretion to deduct from the agreement price
or consideration,or otherwise recover,the full amount of such fee,commission,percentage,
brokerage fee, gift, or contingent fee.
Form approved by County Counsel (3100)
KAL:cs
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