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HomeMy WebLinkAboutItem 4.07 ApprslSrvDB ExtPrclsCITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: February 25, 1991 SUBJECT: Agreement with Hector Leslie for Appraisal Services for the Dublin Boulevard Extension Parcels Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Resolution approving agreement 2) Agreement 3) Sketch of adopted right-of-way lines for Dublin Boulevard Extension RECOMMENDATI ON:~iP ~%~. Adopt resolution and authorize Mayor to execute agreement FINANCIAL STATEMENT: The proposed fee for this work is $16,000. Additional charges will be incurred if it is necessary for the appraiser to attend additional meetings and/or if any pretrial or trial work is required. Sufficient funds have been budgeted in the 1990-91 Capital Improvement Program for this work. DESCRIPTION: As part of the 1990-95 Five-Year Capital Improvement Program, the City Council approved the expenditure of $2,218,000 in FY1990-91 for purchase of right-of-way for the Dublin Boulevard Extension (Dougherty Road to the Southern Pacific Railroad Right-of-Way). These funds are to be loaned to the City by BARTD as a condition of a lawsuit settlement between the City and BARTD. The acquisition of right-of-way would allow the City, in conjunction with the construction of the Tract 5900 (John Moore) development, to construct two lanes of the Dublin Boulevard Extension in Fiscal Year 1991-92. Staff has been working with the City of Pleasanton staff and the Alameda County staff on an agreement to finance the extension of this road segment easterly from the Southern Pacific right-of-way to Tassajara Road. This agreement will be considered by the County, Pleasanton, and Dublin during the first part of March. Dublin now needs to proceed with the procurement of right-of-way for the initial road segment between Dougherty Road and the railroad right-of-way. The work to be performed under this agreement for appraisal services will establish the value of the property to be acquired so that offers can be made to the five affected property owners. Mike Nave, who will serve as the City's condemnation attorney, has recommended Mr. Hector Leslie as the appraiser. Mr. Nave has worked with Mr. Leslie on several other acquisitions for other clients. The appraisals are expected to be complete in two to three months. Staff recommends that the City Council adopt the resolution approving the agreement and authorizing the Mayor to execute same. ITEM NO. ~ 7 COPIES TO: Hector Leslie RESOLUTION NO. -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH HECTOR LESLIE FOR APPRAISAL SERVICES WHEREAS, the City of Dublin has adopted right-of-way lines for the extension of Dublin Boulevard from Dougherty Road the the Southern Pacific Railroad Righ't-of-Way; and WHEREAS, acquisition of property is necessary to accomplish construction of the Dublin Boulevard Extension; and WHEREAS, appraisal of the property to be acquired is necessary in order to establish a value for the property; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement for appraisal services with Hector Leslie. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED, AND ADOPTED this 25th day of February, 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk STANDARD CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of February 25 , 1991, by and between the CITY OF DUBLIN, a municipal corporation ("City") , and Hector Leslie, MAT ("Contractor") , who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2 . PAYMENT,. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. Agreement Page 1 of 3 4/1/90 ,t. .„ AG2r�MENT 3 . FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4 . GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the 'other term or condition shall control insofar as it is inconsistent with the general provisions. 5 . EXHIBITS,. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6 . CONTRACT ADMINISTRATION. This Agreement shall be administered by Lee S. Thompson. Publi r Wnrkq n;rector ("Administrator") . All correspondence shall be directed to or through the Administrator or his or her designee. 7 . NOTICES. Any written notice to Contractor shall be sent to• Hector Leslie, MAI 1515 Oakland Blvd. Suite 204 Walnut Creek CA 94596 Agreement Page 2 of 3 4/1/90 Any written notice to City shall be sent to: Richard C. Ambrose, City Manager 100 Civic Plaza Dublin CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Contractor" Approved as to form: City Attorney Agreement Page 3 of 3 4/1/90 EXHIBIT A SCOPE OF SERVICES Contractor shall perform a real estate appraisal, sufficient for use in a condemnation action, of the following properties located in Alameda County: APN 941-550-10-11 full take appraisal APN 941-550-12-7 full and part take appraisal, including consideration of severance and special benefits APN 941-550-13-2 full and part take appraisal, including consideration of severance and special benefits APN 941-550-10-6 full and part take appraisal, including consideration of severance and special benefits Former Southern Pacific Right-of-Way (known commonly as "county transportation corridor") full take appraisal. The location of the properties is shown on the map attached as VIchiiit _1: Appraisals shall not include items of personal property or machinery and equipment. or business goodwill. Written appraisals for each of the properties shall be completed and received by City no later than 75 days from the date this agreement is signed by both parties. EXHIBIT B PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed the total sum of Sixteen Thousand Dollars ($ 16,000.00 ) for services to be performed pursuant to this Agreement. Contractor shall submit invoices during the term of this Agreement based on the cost for services performed in accordance with the following schedule: Invoice shall be submitted upon completion of appraiaalq_ In addition to the sum of $16,000, City shall pay Contractor at flip rate of $125.00 per hour for meetings which are regi st y City, for depositions, and for trial work. but not more often than once a month; and provided further, in ne— and provided further, City shall pay *'h° l--a "'n% ^f the total sum due pursuant to this Agreement within forty-five (45) days after completion of the services and submittal to City, if all services due pursuant to this Agreement have been satisfactorily performed. The total sum stated above shall be the total which City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional Exhibit B Page 1 of 2 4/1/90 sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. In this event, City shall compensate the Contractor for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 2 of 2 4/1/90 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor' s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 4/1/90 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of city. City shall have the right to control Contractor only insofar as the results of Contractor' s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes_ services rendered pursuant to this Agreement. 2 . LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice his profession. Contractor represents and warrants to City that Contractor shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice his profession. 3 . TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. . 4 . INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor' s bid. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001. ) Exhibit D Page 1 of 6 4/1/90 2 . Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3 . Workers ' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: i. General Liability: $1, 000, 000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used., either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2 . Automobile Liability: $1, 000, 000 combined single limit per accident for bodily injury and property damage,. 3 . Workers ' Compensation and Employers Liability: Workers ' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1, 000, 000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The City., its officers, officials, employees and volunteers are to be covered as insureds Exhibit D Page. 2 of 6 4/1/90 as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. The Contractor' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. 2 . Workers ' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3 . Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor in the course of performance of the services specified in this Agreement. Exhibit D Page 3 of 6 4/1/90 • 4 . All Coverages.. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days ' prior written notice by certified mail, return receipt requested, has been given to the City. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests ' rating of no less than A:VII. . (f) Verification of Coverage. Contractor shall furnish -City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City' s interests are otherwise fully protected. 5 . CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied-, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. Exhibit D Page 4 of 6 4/1/90 • • 7. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. 8 . STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to this Agreement in the manner and • according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices his profession. All instruments of: service of whatsoever nature which Contractor delivers to City pursuant to. this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor' s profession. 9 . HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense) , suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury,or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement Contractor acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material. element of consideration. ` Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Exhibit D . Page 5 of 6 4/1/90 ' 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. • Exhibit D Page 6 of 6 4/1/90 y • 4"1.-'.r' m r f b. �. -0• / 4'2'•03 �?f••∎1 ,,F r a ' .. ..1 r� .t",e. _ K• .7c% . , HOUSTON Py, *O` DUBLIN pOULL�/ARO 1XT6NF310N 'OOUGHIlRTY ROAD TO OOUTHURN PA[I7•)O R/W • ,., 1.111 q N oATU�a.i1.,1u•L(:1..r 1441, ti . 1••• A�0ip . • ... ,.. ■,• ... ..• pIoRRA LN. a ` 20 `- ■ • )g • TT 18 \ 19 0 nA1nP SHOWING RIGHT-OF-WAY LINES CV u o V FOR EXTENSION OF DUBLIN BOULEVARD Tni cr+9�e ; •• �} •,•••••• • �•,; ,� BETWEEN DOUGHERTY ROAD AND .�•�M•;':' :: : ::::: 4;:::::::•:‘:::•:" :•:;:::::;; :;;:;; SOUTHERN PACIFIC RIGHT-OF-WAY."oroona 1 2 3 4.. .. —--ri u•,•;•• of :�✓ ..:. . -- rO , .• / 1111 1a .� 1 TO,x .'o 401 O0GO •4, , 1=1.:1 N vA -''„e. 0.... 1---,,,,,==.- .L.. .... ■1.4. r1 , 22 ' .1:X ..,•N 1111 1.414 \ .—. s.— [ 1 1 1 , •�. 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