Agenda

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C. 4

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	April 19, 2016

Contra

Costa

County

Subject:

Real Property Services Agreement, with modified indemnification language, with the City of Napa - Roundabout Project.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/19/2016

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Jessica Dillingham, (925) 313-2224

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 19, 2016
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute, on behalf of the County, the Real Property Services Agreement, including modified indemnification language, to pay the County an amount not to exceed $182,000 to provide right of way services to the City of Napa for the City Roundabout Project.

FISCAL IMPACT:

100% City of Napa funds.

BACKGROUND:

The City of Napa (City), in Napa County, is proceeding with a City Roundabout 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. 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.

BACKGROUND: (CONT'D)

Under the Real Property Services Agreement, with modified indemnification language (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 project management; title and escrow support; right of way certification; supervision of independent contractors providing such services and 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 is attached.

CONSEQUENCE OF NEGATIVE ACTION:

The City will not be able to contract for the County’s right of way services.