HomeMy WebLinkAboutMINUTES - 10252005 - C9 hM: TO: BOARD OF SUPERVISORS
FROM: Maurice M. Shiu, Public Works Director
DATE: October 25, 2005
SUBJECT: APPROVE and Authorize the Public Works Director, or Designee to execute a Contract for
Appraisal Services between Contra Costa County and Burchard and Rinehart in connection with
the Bethel Island Bridge Replacement Project. Bethel Island Area. District V.
Project No. 0662-6R4043
I. Recommended Action:
APPROVEand AUTHORIZE the Public Works'Director, or designee to execute on behalf of Contra
Costa County a contract with Burchard and Rinehart for appraisal'services effective September 26, 2005
through September 26, 2008, in the amount of $90,000 in connection with the Bethel Island Bridge
Replacement project.
IL Financial Impact:
The estimated contract cost is $90,000, funded by Federal Highway Bridge Replacement and
Rehabilitation funds (80%) and road funds (20%).
I'll. Reasons for Recommendations and Background:
Burchard and Rinehart is an appraisal firm which the County has used for various projects that require
appraisal services. County staff members wish to retain the professional services of this firm because of
its reliable performance and experience in appraising the type of parcels this project involves.
IV. Consequences of Negative Action:
Negative action will result in the delay in c pleting the pr `ectin a timely manner.
Continued on Attachment:�,,,�„ SiGNATUR
- ECOMMENDATION OF COUNTY ADMIN TRAT R
RECOMMENDATION OF BOARD CO MITT
,APPROVE OTHER
SIGNATURE(S):'
ACTION OF BO N 4 «ZS, APPROVED AS RECOMMENCED OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT) copy of an action taken and entered on the
AYES: NOES: Op- -e.'
ABSENT; ABSTAIN: minutes of the Board of Supervisors on the
date shown.
CS•eh ATTESTED: G '1i/C++�+F+>►" L -"
G:1GrpDatalRealProp12005-Files\BOs&Reso\BOBethellsland.doc JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
Orig.Div: Public Works(R/P)
Contact: C.Sousa(313-2252) By Deputy
cc: County Administrator
P.W.Accounting
Contra Costa Authority STANDARD CONTRACTNumber
Standard Form S-1 (Purchase of Services-Short Form) Fund/Org# 0662
Revised 2002 Account# 2310
Other# SAS-6R4043
1. Contract Identification.
Agency: Contra Costa County,A Public Agency
Subject: Bethel Island Bridge Project
2. Parties. The County of Contra Costa,California(County),for its Department named above, and the following named
Contractor mutually agree and promise as follows.
Contractor: Burchard&Rinehart
Capacity: Roland Burchard
Address: 1350 Treat Boulevard, Suite 280, Walnut Creek,CA 94596
3. Term. The effective date of this Contract is September 26,2005 and it terminates September 26,2008 unless sooner
terminated as provided herein.
4. Termination. This Contract may be terminated by the County,at its sole discretion,upon five-day advance written notice
thereof to the Contractor,or cancelled immediately by written mutual consent.
5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$90,000
6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the
payment limit expressed herein, County shall pay Contractor, upon Contractor's submission of a properly documented
demand for payment(County Demand Form D-15)which shall be submitted not later than 30 days from the end of the
month in which the contract services were rendered, and upon approval of such demand by the head of the County
Department for which this Contract is made or his designee,as follows:
[Check one alternative only]
hour; or
❑a. FEE RATE: $ per service unit: session,as defined below; or
NOT TO EXCEED a total of service unit(s). Hcalendar day(day,week or month)
Session is defined as:
X b. Payments made upon receipt of periodic invoices and after approval by the County.
c. As set forth in the Payment Provisions paragraph of the attached Additional Provisions.
d. As set forth in the Payment Provisions,attached.
7. Contractor's Obliaations. Contractor shall provide the following described services:
X a. As set forth in"Appraisal Services Addendum"and"Exhibit A"attached herewith
b.As set forth in Section A.(Contractor's Obligations)ofthe attached Additional Provisions which are incorporated
herein by reference.
8. 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,licensing,employment and
purchasing'practices;and wages,hours and conditions of employment, including nondiscrimination.
9. Administrative Amendments..Subject to the Payment Limit,the Payment Provisions and the Additional Provisions
may be amended by a written administrative amendment executed by the Contractor(or designee)and the County
Administrator (or designee), subject to any required state or federal approval, provided that such administrative
amendment may not materially change the Payment Provisions or the Additional Provisions.
10. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all
qualified persons regardless of age,sex,race,religion,color,national origin,ethnic background,disability,or sexual
orientation,and that none shall be used,in whole or in part,for religious worship or instruction.
Form S-1 (Page 1 of 3)
Contra Costa Authority STANDARD CONTRACT Number
Standard Form S-1 (P'urchaserof Services Short Form)
Revised2002
11. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to
and shall not be construed to create the relationship between the parties of agent,servant,employee,partnership,joint
venture,or association.
12. Disputes. Disagreements between the County and Contractor concerning the meaning,requirements,or performance
of this Contract shall be subject to final determination in writing by the head of the County Department for which this
Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or
Federal Government.
13. Access to Books and Records of Contractor,Subcontractor. Pursuantto Section 1861(v)(1)of the Social Security
Act, and any regulations promulgated thereunder,Contractor shall, upon written request and until the expiration of
four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and
Human Services,the Comptroller General,the County,or any of their duly authorized representatives,this Contract and
books,documents,and records of Contractor that are necessary to certify the nature and extent of all costs and charges
hereunder. Further,if Contractor carries out any of the duties of this Contract through a subcontract,with a value or
cost of$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon
written request and until the expiration of four years after the furnishing of services pursuant to such subcontract,the
subcontractor shall make available, to the Secretary, the Comptroller General, the County, or any of their duly
authorized representatives,the subcontract and books,documents,and records of the subcontractor that are necessary to
verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other
terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors,
assigns and representatives of Contractor.
14. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or
written reports completed and submitted to the County in accordance with this Contract,a separate section listing the
numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or
written report. This section shall apply only if the payment limit under this Contract exceeds$5,000.
15. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and
employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or
property, including without limitation all consequential damages; from any cause whatsoever arising directly or
indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or
subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful
misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures,
including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to which this indemnification
provision applies at the sole cost and expense of the Contractor.
16. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that the
services provided by Contractor under this Contract will be purchased by the County under a new contract following
expiration or termination of this Contract,and waives all rights or claims to notice or hearing respecting any failure to
continue purchasing all or any such services from Contractor.
17. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code Sections 26227 and 31000.
18. Insurance: Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$500,000 and a maximum deductible of $100,000; and (c) Comprehensive General Liability Insurance, including
blanket contractual(or contractual liability)coverage, broad form property damage coverage,and coverage for owned
and non-owned vehicles,with a minimum combined single limit coverage of$1,000,000 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 Public Agency, its/their governing bodies;officers and employees as
additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such
coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in
coverage
Form S-I (Page 2 of 3)
Contra Costa Authority STANDARD CONTRACT Number
Standard Form S-1 (Purchasetof Services-Short Form)
Revised 2002
19. Signatures. These signatures attest the parties'agreement hereto:
Approved: BOARD OF SUPERVISORS Approved: County Administrator
By: By:
Purchasing Agent,Designee CAO Designee
Burchard& Rin art Recommended by Department
By: By.
aurice M. Shiu, Public Works Director
Roland Burchard, MAI
1350 Treat Blvd., Ste. 280
Walnut Creek,CA 94596
STANDARD CONTRACT(Purchase of Services—Short Form)
G:\GrpData\RealProp\2005-Files\05-9\AG.03_Burchard_Rhinehart_Bethel Island Bridge.doc
3/4/03
Form S-1 (Page 3 of 3)
EXHIBIT A
APPRAISAL FEE PROPOSALS
Parcel # APN Owner Fee
4, 4a, 4b, 4c 032-112-004 Sosnowski $9,000
5, 5a, Sb... 032-140-012 Tamayo $75500
5, 5c, 5f, A... 032-140-01S Tamayo $7,500
Se 032-140-012 Iron Horse Sanitary $4,000
6a, 6b, 6c 032-260-001 Reclamation $7,000
3a 032-130.022 Spotts $8,000
2, 2a 032-130-027 Spotts $8,000
1, la, 1b 032-330-010 Sandlin $7,000
8, 8a 031-091-011 Dana $9,000
7a,7 b, 7c... N/A $8,000
9, 9a, 9b, 9c 031-091-025 & -027 Bethel Island Marina $9,000
(Proposed for a single appraisal as a larger parcel)
10, 10a 031-093-034 Carter $6,000
Total of the Appraisal Fee Proposals $90,000
We appreciate the opportunity to be of service to you, and look forward to working
with you. Please contact me if you have any questions.
Respectfully Submitted:
BURCHARD & RINEHART
r
GreD. art, I
Contract Accepted By L. Lucy Owens Date
For the Contra Costa County Public Works Department
BURCHARD 8c RINEHART Ileal Estate Appraisers&Consultants
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, California 94553
Project Name: Contra Costa County— Bethel Island Bridge
W.O. Number: 40143
Location: Bethel Island
APPRAISAL SERVICES ADDENDUM
This agreement is made and entered into this twenty-sixth day of September 2005, by and
between Contra Costa County, hereinafter called "Agency", and Burchard & Rinehart,
hereinafter called "'Contractor". This agreement is an addendum to that certain"Standard
Contract— Short Form" dated September 26, 2005, between the Agency and Contractor
and is hereby made a part thereof.
The parties do hereby agree as follows.
1. The Contractor, for and in consideration of the covenants, conditions, agreements
and stipulations of the Agency expressed herein, does hereby agree to furnish the
Agency a confidential appraisal report in three (3) copies covering that certain real
property as outlined in the Scope of Work attached.
2. The completed report shall be delivered on or before January 30, 2006, as follows:
All copies shall be addressed to Silvano B. Marchesi, Agency Counsel 651 Pine
Street, Ninth Floor, Martinez CA 94553, and delivered to Mr. Marchesi in care of the
Real Property Division, Attention: L. Lucy Owens, Public Works Department, 255
Glacier Drive, Martinez, CA 94553. The date of delivery of the report may not be
extended without prior written authorization of the Agency and will not be extended
beyond the termination date of this Agreement.
3. The Contractor will be paid a sum not to exceed $90,000 upon submittal of an
invoice and acceptance of the completed report, which sum includes the cost of all
expenses of any kind or nature incurredby the Contractor hereunder. Contractor
shall cease work upon Agency's request, whereupon payment shall be made,
prorated on the basis of work completed.
4. Agency, in its discretion, may request Contractor to appear in Court as an expert
witness in litigation involving the above-described property. If so requested,
Contractor shall so appear and shall perform work incidental thereto. If so
requested, Contractor shall be paid pursuant to the termsin section 6 of the
"Standard Contract — Short Form" for any time that Contractor is called upon for
pre-trial conferences with the Agency's attorneys, for appearances in Court as an
expert witness, or for additional services not within the scope of the original report,
as authorized by written instructions from the Agency.
5. The Contractor shall prepare the appraisal report in conformity` with the
Uniform Standards of Professional Appraisal Practice, the federal Uniform
Relocation ;Assistance and Real Property Acquisition Act as amended and
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California Eminent Domain taw (code of Civil Procedure, Title 7), unless
otherwise provided herein or directed in writing by the Agency. Contractor's report
shall be complete upon submission and Contractor agrees to correct any omissions
or errors on his pert at no extra cost to the Agency. Neither acceptance of the
report, nor its retention by the Agency shall be deemed to waive any obligations to
the Contractor hereunder.
6. The Contractor warrants, by execution of this contract, that no person or selling
agency has;been employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee. For breach or violation of this warranty, the Agency shall have the
right to annul this contract without liability, paying only for the value of the work
actually performed, or in its discretion to deduct from the contract price or
consideration, or otherwise or recover, the full amount of such commission,
percentage, brokerage or contingent fee.
7. APPRAISAL SPECIFICATIONS
All reports must contain the following:
1. Title page (sufficient data to identify project).
2. Letter of transmittal (brief summary of important conclusions; market value,
date of valuation, etc.).
3. Table of Contents. (Number all pages.)
4. Analysis of area surrounding subject property.
5. Analysis of the site including all standard items such as zoning, taxes,
utilities, topographic features, etc.
6. Highest and best use (if controversial, discuss fully).
7. Description of improvements - in detail if taken.
8. Photographs of subject property - identify portion shown.
9. Discussion of sales, comparing them directly to subject.
10. The three approaches to market value (if any approaches inapplicable,
explain why).
11 Identify each take area by Agency Parcel No. on Summary Sheet and
individual Appraisal Sheet.
12. Itemize valuation of taking such as permanent,temporary and improvements
taken.
13. Discussion of severance damage (or lack of it) where a partial take is
involved.
14. Effect of dedication and drainage ordinances that apply relative to
development of the property to is highest and best use, Specifically, the
effect on the value of the portion of the subject property that would be
encumbered by or utilized for public purposes in compliance with various
requirements by local jurisdictions.
15. Effect of existing easements and title encumbrances on market value of
property being appraised (title report to be furnished by agency).
16. Effect on riparian water rights when applicable.
17. Correlation and final estimate of market value (summarize the reasons
supporting;conclusions).
18. Estimated' value of salvage or excess lands after taking, if any to be
acquired.
19. Right of Way drawing delineating take areas (to be furnished by agency)'
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20. Comparable sales data with photos (limit to 10 most applicable sales).
21. Map showing all sales in relation to subject property.
8. At the:time of inspection of the property, the Appraiser shall obtain the following
information and forward it immediately to the Agency.
a. A Certificate of Occupancy (form to be supplied by Agency) for
owners and tenants is to be obtained by the appraiser for any parcels
where displacement will occur.
b. Identification of the owners of any businesses conducted on the
property. Names and addresses shall be forwarded to the Agency as
soon as possible after the property inspection.
9. SCOPE OF WORK
1. Bee Exhibit A attached and incorporated herein by reference.
AGENCY Burchard & Rinehart
By: By
aurice M. Shiu Roland Burch rd, MAI`
Contra Costa County 1350 Treat Blvd., Ste. 280
Public Works Director Walnut Creek, CA 94596
RECOMM DED FOR APPROVAL: California
Certification Na. 0 l�7
B
Karen _aws
Principal Real Property Agent
cc: Contractor
Agency
P.W.Accounting
(. nnriimonfc and gAffinn c\(,rPnP\r)acktnnlAr.91n htirrhorrl Rathpi WAnd Rrirtna Prniarf dnr
EXHIBIT A
APPRAISAL FEE PROPOSALS
Parcel # APN Owner Fee
4, 4a, 4b, 4c 032-112-004 Sosnowski $91000
5, 5a, 5b... 032-140-012 Tamayo $7,500
5, 5c, 5f, 5h... 032-140-015 Tamayo $7,500
5e 032-140-012 Iron Horse Sanitary $4,000
6a, 6b, 6c 032-260-001 Reclamation $7,000
3a 032=130-022 Spotts $8,000
2, 2a 032-130-027 Spotts $8,000
I., la, 1b 032-330-010 Sandlin $7,000
8, 8a 031-091-011 Dana $9,000
7a,7 b, 7c... N/A $8,000
9, 9a 9b, 9c 031-091-025 & -027 Bethel Island Marina $9,000
(Proposed for a single appraisal as a larger parcel)
10, 10a 031-093-034 Carter $6,000
Total of the Appraisal Fee Proposals $90,000
We appreciate the opportunity to be of service to you, and look forward to working
with you. Please contact me if you have any questions.
Respectfully Submitted;
BURCHARD RINEHART
r
Gre D. art, Al
Contract Accepted By L. Lucy Owens Date
For the Contra Costa County Public Works Department
BURCHARD & RINEHART Real Estate Appraisers eT Consultants