C. 4
Contra
To: Board of Supervisors
Costa
From: Julia R. Bueren, Public Works Director/Chief Engineer County Date: July 18, 2017
Subject: Real Property Services Agreement, City of Richmond Road Improvement Project.
RECOMMENDATIONS):
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute, on behalf of the County, the Real Property Services Agreement with the City of Richmond to provide right of way services to the City for the City's Central Avenue at Interstate 80 Local Road Improvement Project, for payment of County costs to provide services in an amount not to exceed $50,000, Richmond area. (District I) FISCAL IMPACT:
100% City of Richmond funds.
BACKGROUND:
The City of Richmond ("City"), in Contra Costa County, is proceeding with its Central Avenue at I-80 Local Road Improvement Project ("Project"). To complete the Project, the City needs to acquire certain interests in real property.
The City requires a variety of right-of-way services, but has no right of way staff and desires to contract with the County for these services.
Under the Real Property Services Agreement (Agreement), Public Works Department Real Estate staff will perform various right-of-way services, including but not limited to right of way appraisal and appraisal review; negotiations; land rights document preparation; right of way acquisition; right of way
K APPROVE OTHER
/ RECOMMENDATION OF CNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 07/18/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes:
VOTE OF SUPERVISORS
AYE: John Gioia, District I Supervisor
Supervis Andersen, District IT [hardy supervisors in ta date and correct copy of an action taken and entered on the minutes of the Diane Burgis, District III Supervisor
ATTESTED: July 18, 2017
Karen Mitchoff, District IV
Supervisor David J. Twa, County Administrator and Clerk of the Board of Supervisors SuperviD. Glover, District V Паси Вери ора
By: Stacey M. Boyd, Deputy
Contact: Jessica Dillingham, (925)
313-2224
cc:
BACKGROUND: (CONT'D)
project management; title and escrow support; right of way certification; supervision of independent contractors providing such services and any related work as required. The City will pay the County for those services based on the County's labor costs, up to the payment limit of the Agreement. If the payment limit is reached and/or additional services are necessary, the parties would need to amend the Agreement. The Agreement includes a mutual indemnification provision. Each party will be required to indemnify the other party for any claims that arise from the indemnifying party's acts, errors, or omissions in the performance of that party's obligations under the Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
The City will not be able to contract for the County's right of way services.
ATTACHMENTS
Real Property Services Agreement
REAL PROPERTY SERVICES AGREEMENT
Effective Date and Parties. Effective on July 18, 2017, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and the CITY OF RICHMOND, a municipal corporation ("City"), hereby mutually promise and agree as follows:
Purpose. The City has no right of way staff and desires to contract with the County for property appraisal and acquisition services.
Services by County. County will provide City the following services, as directed by City: appraisal and appraisal review; negotiations; land rights document preparation and right of way acquisition; relocation; management of all leasing and disposal of real property; supervision of independent contractors providing such services; and related work as required (all of which constitute "Services").
The County warrants that it will perform these Services in accordance with accepted professional standards and procedures.
4. Payment for Services. City shall reimburse County, at the hourly charge out rates in Appendix "A", , attached hereto, for all time that County real property agents perform Services for City under this Agreement. City shall reimburse County for costs of experts and contractors retained by County in the performance of the Services. City shall reimburse County for all other expenses County incurs in the performance of the Services, including but not limited to management of leases, all acquisition settlements and any other costs of acquisition such as title fees, recording fees, and escrow costs that the County actually incurs to perform the Services. Payments by City shall be made within 30 days of billing by County.
5. Indemnification. County shall defend, indemnify, and hold harmless the City, its officers and employees for any claims, liabilities, damage, injury, or death of or to any person, or the property of any person, including attorney's and expert fees (collectively, "Liabilities") that arise out of the willful misconduct or the negligent acts, errors, or omissions of the County, its officers, employees, agents, and volunteers, in performing any of its or their obligations under this Agreement.
Notwithstanding anything to the contrary, County shall not be obligated to indemnify City, its officers and employees for any portion of Liabilities that arise out of Cities', or its officers' or employees' willful misconduct or negligent acts, errors, or omissions.
City shall defend, indemnify, and hold harmless County, its officers and employees for any Liabilities that arise out of the willful misconduct or the negligent acts, errors, or omissions of the City its officers, employees, agents, and volunteers, in performing any of its or their obligations under this Agreement. Notwithstanding anything to the contrary, City shall not be obligated to indemnify County, its officers 1 and employees for any portion of Liabilities that arise out of County's, or its officers' or employees' willful misconduct or negligent acts, errors, or omissions.
6. Independent Status. Nothing herein shall be construed to imply that any County employee providing Services hereunder is a City employee.
7. Term. The term of this agreement shall commence on the effective date hereof and shall end upon termination by either party upon 30 days written notice. The rights and obligations of Paragraph 5 "Indemnification" shall survive any such termination.
Within 30 days after the termination of this Agreement, City shall pay the County for all unpaid charges and costs for Services the County provides, and for all expenses that it incurs during the performance of those Services, under this Agreement through the termination of the Agreement.
8. Notices. Any notice required to be given to County and City hereunder will be sufficient if delivered in writing as designated below, or to such other addresses as County and City may respectively designate by written notice to the other:
To County: Contra Costa County Public Works Department
C/o Real Estate Division
255 Glacier Drive
Martinez, CA 94553
(925) 313-2220
To City: Yader A. Bermudez
City Engineer and CIP Director
City of Richmond,
450 Civic Center Plaza
Richmond, CA 94804
(510) 774-6300
Notice given by personal delivery shall be deemed complete upon delivery. Notice given by Overnight Carrier shall be deemed complete on the day after it is postmarked. Notice given by U.S. Mail shall be deemed complete on the third day after it is postmarked.
9. Entire Agreement. This Agreement contains the entire agreement between the County and the City and supersedes any and all other prior agreements and all negotiations leading up to the execution of this Agreement, whether oral or in writing, between the County and City. The County and City acknowledge that no representations, inducements, promises, or statements, oral or otherwise, have been made by either of them or by anyone acting on behalf of them that are not embodied or incorporated by reference herein, and further agree that no other covenant, representation, inducement, promise, or statement not set forth in this Agreement shall be valid or binding.
2 10. Amendments and Modifications. This Agreement may not be modified or amended except in writing approved by the County and City.
11. Governing Law. This Agreement shall be governed by and construed in accordance with California law.
12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original.
13. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
14. No Third-Party Beneficiaries. Nothing in this Agreement creates, nor shall it be interpreted to create, any third-party beneficiaries.
COUNTY OF CONTRA COSTA CITY OF RICHMOND
By By.
Chair, Board of Supervisors
July 18,2017
ATTEST: Attested By:
David Twa, Clerk of the Board of
Supervisors and County Administrator
City Clerk
Julie Bueren
Public Works Director
Recommended to the City Council
RECOMMENDED FOR APPROVAL: for Approval:
By aull daus By
City Engineer
Principal Real Property Agent
APPROVED AS TO FORM: APPROVED AS TO FORM:
SHARON L. ANDERSON, COUNTY COUNSEL City Attorney
By By
Deputy County Counsel
IPW-DATA\grpdata\realprop|City of Richmond Central Ave at I-80\AG.17(a) Real Prop Services Agreement (City). doc 09/15
3 10. Amendments and Modifications. This Agreement may not be modified or amended except in writing approved by the County and City.
11. Governing Law. This Agreement shall be governed by and construed in accordance with California law.
12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original.
13. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
14. No Third-Party Beneficiaries. Nothing in this Agreement creates, nor shall it be interpreted to create, any third-party beneficiaries.
COUNTY OF CONTRA COSTA CITY OF RICHMOND
By
Chair, Board of Supervisors Thomas K. Butt, mayor
ATTEST: _ Attested By:
David Twa, Clerk of the Board of
Supervisors and County Administrator Tamela Chist
City Clerk
Pamela christian
By
Julie Bueren
Public Works Director
Recommended to the City/Council
RECOMMENDED FOR APPROVAL: for Approval:
By By _
Karen A. Laws City Engineer
Principal Real Property Agent YADER A BERMUDEZ
APPROVED AS TO FORM: APPROVED AS TO FORM:
SHARON L. ANDERSON, COUNTY COUNSEL City Attorney
By
Deputy County Counsel
PW-DATA pal earp City of Richmond Central Ave at -80/AG 176) Real Prop Series Agent cooter hey 3 APENDIX "A"
City of Richmond Central Avenue at I-80 Local Road
Improvement Project:
This project currently has multiple alternatives being considered which impact several parcels including a Public Storage facility. The project is in the planning phase in respect to studying the real property costs associated with the alignments. There will be federal funds used on this project and the City requires the assistance of Contra Costa County Real Estate Staff. The County will be providing right of way support through all phases of the project as necessary. The County will regularly attend project related meetings, prepare land related estimates and required documents, and guide the City through the States policies and procedures in both securing the required real property rights for the project and in compliance with the projects milestones, as they relate to the right of way requirements, all of which is commensurate with the administration cost. This is an initial estimate and will be revised as the project requirements become clear.
ADMINISTRATION $50,000
ESTIMATE PROPOSAL: $50,000
REAL PROPERTY AGENT HOURLY CHARGE OUT RATE
Hourly Rate
Principal Real Property Agent $208/hr to $220/hr
Supervising Real Property Agent $163/hr to $180/hr
Senior Real Property Agent $153/hr to $165/hr
Assistant Real Property Agent $110/hr to $125/hr
Senior Real Property Technical Assistant $103/hr to $120/hr Real Property Technical Assistant $ 77/hr to $105/hr
G:trealprop\City of Richmond Central Ave at 1-80\City of Richmond Cost Schedule-2.doex 10-6-15