HomeMy WebLinkAboutCC AG PKT 2009-02-23 #EAGENDA STAFF REPORT
DATE: February 23, 2009
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Marisa Salicos, Secretary to City Manager
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH
SECURITY LAND AND RIGHT OF WAY
SERVICES, INC.
SUMMARY OF REQUEST:
The purpose of this report is to request City Council approval of Resolution No.
5841 authorizing the City Manager to execute a professional services agreement
with Security Land and Right of Way Services, Inc.
BACKGROUND:
The City is contemplating acquiring land, a process which must follow State law
and procedures. Staff is requesting authority to utilize the services of a right of
way agent to assist with the acquisition of real property.
FINANCIAL IMPACT:
Negligible, will be budgeted as part of project cost.
RECOMMENDATION:
Staff recommends that the Council approve Resolution No. 5841 authorizing the
City Manager to execute a professional services agreement with Security Land
and Right of Way Services, Inc.
SUBMITTED BY: ~ NOTED AND APPROVED:
Marisa Salicos David N. Carmany
Secretary to City Manager City Manager
Attachments:
A. Resolution No. 5841
B. Professional Services Agreement
Agenda Item E
RESOLUTION NUMBER 5841
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH SECURITY LAND AND RIGHT OF WAY SERVICES, INC.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
SECTION 1. The City Council hereby approves a Professional Services
Agreement between the City of Seal Beach and Security Land
and Right of Way Services, Inc.
SECTION 2. The Council hereby directs the City Manager to execute the
Agreement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 23rd day of February , 2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5841 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 23rd day
of February , 2009.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
WITH SECURITY LAND & RIGHT OF WAY
SERVICES, INC.
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Security Land & Right of Way Services, Inc.
1440 So. State College Blvd., Suite 3-D
Anaheim, CA 92806
(714) 635-3380
Fax (714) 635-635-3953
Email: secland@aol.com
This Professional Service Agreement ("the Agreement") is made as of February 23, 2009 (the
"Effective Date"), by and between Security Land & Right of Way Services, Inc. ("Consultant"),
a California Corporation and the City of Seal Beach ("City"), a California charter city,
(collectively, "the Parties").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City witl-i such services.
NOW THEREFORE, in consideration of the Parties' performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant must provide those services ("Services") set forth in the attached
Exhibit A (Scope of Services), which is hereby incorporated by this reference. To the extent that
there is any conflict between Exhibit A and this Agreement, this Agreement must control.
1.2. Consultant must perform all Services under this Agreement in accordance with
the standard of care generally exercised by like professionals under similaz circ:umstances and in
a manner reasonably satisfactory to Authority.
1.3. In performing this Agreement, Consultant must comply with all applicable
provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not specified in the
Scope of Services unless the City authorizes such work in advance and in writing. The City
Manager may authorize payment for such work up to a cumulative maximum of $10,000.
Payment for additional work in excess of $10,000 requires prior City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall continue
for a term of 5 years unless previously terminated as provided by this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B
(Scope of Fees) for Services but in no event will the City pay more than $100,000.00. Any
additional work authorized by the City pursuant to Section 1.4 will be compensated in
accordance with the rate schedule set forth in Exhibit B.
4.0 Method of Payment
4.1. Consultant must submit to City monthly invoices for all services rendered
pursuant to his Agreement. Such invoices must be submitted within 15 days of the end of the
month during which the services were rendered and must describe in detail the services rendered
1 of 6
57296-0001\1077600v4.doc
during the period, the days worked, number of hours worked, the hourly rates charged, and the
services performed for each day in the period. City will pay Consultant within 30 days of
receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and
other required taxes, or other authorized deductions from payments made to Consultant.
4.2. Upon 24 hours notice from City, Consultant must allow City or City's agents or
representatives to inspect at Consultant's offices during reasonable business hours all records,
invoices, time cards, cost control sheets and other records maintained by Consultant in
connection with this Agreement. City's rights under this Section 4.2 shall survive for two years
following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by Consultant
based on reasonable cause, upon giving the other party written notice thereof not less than thirty
30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if
Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive
general liability insurance as required by this Agreement at least 20 days before the expiration
date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this Agreement.
6.2. Roger Cunningham is the Consultant's sole representative for purposes of this
Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed made
when personally delivered or when mailed 48 hours after deposit in the U.S. Mail, first class
postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
911 Seal Beach Boulevard
Seal Beach; California 90740
Attn: City Manager
To Consultant: Security Land & Right of Way Services, Inc.
1440 S. State College Blvd., Suite 3-D
Anaheim, CA 92806
Attn: Roger Cunningham
7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
2of6
57296-0001\1077600v4.doc
8.0 Independent contractor
8.1. Consultant is an independent contractor and not an employee of the City. All
services provided pursuant to this Agreement shall be performed by Consultant or under its
supervision. Consultant will determine the means, methods, and details of performing the
services. Any additional personnel performing services under this Agreement on behalf of
Consultant shall also not be employees of City and shall at all times be under Consultant's
exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as independent
contractors in the role of city or agency officials, from any and all liability, damages, claims,
costs and expenses of any nature to the extent arising from Consultant's alleged violations of
personnel practices. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 8.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of
the City. Consultant is fully responsible to City for the performance of any and all
subcontractors.
10.0 Assignment
Consultant must not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported assignment
without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant must not commence work under this Agreement until it has provided
evidence satisfactory to the City that Consultant has secured all insurance required under this
Section. Consultant must furnish City with original certificates of insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the City. The certificates
and endorsements for each insurance policy must be signed by a person authorized by that
insurer to bind coverage on its behalf, and must be on forms provided by the City if requested.
All certificates and endorsements must 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.
11.2. Consultant must, at its expense, procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property that may
3 of 6
S 7296-0001\1077600v4.doc
arise from or in connection with the performance of this Agreement. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in
California, and satisfactory to the City. Coverage must be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001); and (2) Automobile Liability: Insurance Services Office
Business Auto Coverage form number CA 0001, code 1 (any auto). Consultant must maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage and 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
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
and (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
11.3. The insurance policies must contain the following provisions, or Consultant must
provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not
be suspended, voided, reduced or canceled except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the City; (2) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage must be primary
insurance as respects the City, its directors, officials, officers, employees, agents and volunteers,
or if excess, must stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage and that any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and must not be called upon to contribute with it; (4) for general liability insurance,
that the City, its directors, officials, officers, employees, agents and volunteers shall be covered
as additional insureds with respect to the services or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work; and
(5) for automobile liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section must contain standard separation of
insureds provisions and must not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
11.5. Any deductibles or self-insured retentions must be declared to and approved by
the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its directors,
officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant must indemnify, and hold the City, its officials, officers, employees,
volunteers and agents (collectively "Indemnities") free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
57296-0001\1077600v4.doc
4 of 6
property or persons, including wrongful death, in any manner arising out of or incident to any
acts or omissions of Consultant, its employees, or its agents in connection with the performance
of this Agreement, including without limitation the payment of all consequential damages and
attorneys fees and other related costs and expenses. With respect to any and all such aforesaid
suits, actions, or other legal proceedings of every kind that may be brought or instituted against
Indemnitees, Consultant must defend Indemnitees, at Consultant's own cost, expense, and risk,
and must pay and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Consultant must reimburse City and its directors, officials, officers, employees,
agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials, officers, employees, agents or volunteers. All duties of Consultant under this Section
shall survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. Consultant
must not discriminate against any subcontractor, employee, or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such
non-discrimination includes, but is not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of
Section 3700 of the California Labor Code that require every employer to be insured against
liability for Worker's Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing the
performance of the Services.
15.0 Entire Agreement
This Agreement contains the entire Agreement of the parties with respect to the subject
matter hereof, and supersedes all prior negotiations, understandings, or agreements. This
Agreement may only be modified by a writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or
affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
5 of 6
57296-0001\1077600v4.doc
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party as a
result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether
of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily
given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
20.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City has
the right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall have
any direct interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
21.0 Attorneys' Fees
If either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in such
litigation shall be entitled to have and recover from the losing Party all of its attorney's fees and
other costs incurred in connection with such action.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as
if set forth in full herein. In the even of any material discrepancy between the terms of any
exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall
control.
6 of 6
57296-0001\1077600v4.doc
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
By:
Attest:
By:
David Carmany, City Manager
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
CONSULTANT
By:
Name: er Cunningham
Its: President
v..._..._...........~ j __.._..._..
Name: Rhonda Weiss
Its: y~LC~ ~2.~'~..
7of6
S7296-000IU 077600v4.doc
~~. SI~CURiTY LA9V®
~~ & RIGHT OF WAY SERVICES, INC.
February 10, 2009
City of Seal Beach
211 8~' Street
Seal Beach, CA 90740
Attention: David Carmany, City Manager
Re: Request for Proposal
Real Property Acquisition
Dear Mr. Carmany
It was a pleasure to speak with you this week. As per your request the following material is submitted
for your review:
1. Corporate Resume
Profile
Financials
Staff and Qualification
List of Recent Representative Projects
2. Scope of Services
3. Proposed Schedule of Fees
Security Land has the experience and capability to provide the City with the most complete and
professional real estate acquisition consulting service available today. Our staff is experienced in the
acquisition process, particularly in solving the numerous problems involved with such acquisition.
Should you have any questions or require further information, please contact Rhonda Weiss or myself
at 714.635.3380..
We look forward to working with you on this project.
Sincere)
r-
/ ~
Roger Cunningham
RC:aw
Encs.
1440 S. State College Blvd., Suite 3D ~ Anaheim, California 92806 • (562) 988-9285 • FAX (562) 988-9327
SECURITY LAND & RIGHT ®F WAY SERVICES, INC.
Corporate Resume
QUALIFICATIONS & LIST OF RECENT REPRESENTATIVE PROJECTS
1. PROFILE
Since 1963, Security Land and Right of Way Services, Inc. (Security Land), has been
providing quality acquisition and related services for City public works, redevelopment
agencies, housing authorities, counties, school districts, water districts and other public
entities in Southern California.
With a client list in excess of 100 public agencies, Security Land's projects range from
property acquisition for major retail, office and industrial centers to partial takings for
street widening. Security Land has successfully acquired all types of residential
properties including multi-family dwellings and trailer parks. Some of our industrial
acquisitions include steel fabrication plants, machine shops, garment assembly plants
and food processing facilities. In addition, we have acquired road widening easements,
rights of entry, leasehold interests from nonprofit institutions, air rights for airports as
well as easements for utility.
Security Land has only one office that is located in Anaheim, California and is a
California Corporation in good standing with a tax identification number of 95-2496781.
We are multi-lingual, and possess an extensive knowledge of computer software
applications. Security Land's representatives, Roger L. Cunningham or Rhonda
Weiss, may be reached at
(714)635-3380 or by Fax (714)635-3953 or by Email at SECLANDQaol.com
2. FINANCIALS
Security Land was incorporated in 1963 and has maintained a solid financial standing
for 45 years. Security Land has never sought Bankruptcy Protection, and has paid all
approved invoices within 30 days. There is currently no short or long term debt.
Security Land has no pending/ongoing litigation, planned office closures, impending
mergers or the sale of the business.
3. STAFF AND QUALIFICATIONS
Our team will be headed by Roger Cunningham. Assisting him will be Rhonda
Weiss and Andrew Weiss. Norm Houle will oversee the need of any utility
relocation.
Brief Summary of Staff:
Roger Cunningham -Principal -Senior Acquisition Agent
Education:
J.D. Irvine University, School of Law
B.A. Business Administration/Management, California State University of
Fullerton
Roger has worked for over 25 years with government agencies in acquiring properties
or easements needed for public use. He has the ability to pinpoint objectives and
evaluate situations or requirements that may be needed within the acquisition process.
Roger has worked on and managed various projects within the Southern California area
and has extensive experience in federally funded complex projects. Rogers
professional experience includes business and property acquisition, easements,
eminent domain and expert witness testimony. Roger possess a current California Real
Estate Brokers License
Rhonda Weiss -Principal -Senior Acquisition Agent
Education:
B.S. Family and Consumer Sciences -California State University of Long Beach
Rhonda brings a wide variety of experience ranging from escrow, title and law. Rhonda
has been in the escrow and title field for over 30 years and specifically in the Right of
Way field for 8 years. Rhonda has managed acquisition projects for cities,
redevelopment agencies and many other public agencies. Her experience in the right-
of-way industry includes overseeing projects for public and private clients, escrow
documentation and acquisition negotiations. This experience includes working with
residential, retail, industrial and specialty properties including churches, cemeteries and
many mobile parks.
Norm Houle -Senior Agent
Norm has been with Security Land since 2000 and has worked extensively with public
utility relocation easements, land and easement analysis and acquisition of business
properties. Norms past experience as an analyst for Southern California Edison allows
him to read engineering drawings, interpret them in laymen terms to property owners
and negotiate contracts to a successful completion. Norm possess a current State of
California Real Estate License
Andrew Weiss -Senior Agent
Andrew has been an acquisition agent for the past 7 years. He is highly knowledgeable
in acquisition and has successfully negotiated the acquisitions of residential and
commercial properties without the use of eminent domain.
4. LIST OF RECENT REPRESENTATIVE PROJECTS
A. Full Fee Title Acquisitions
1. City of Palmdale
o Mike Mischell, Director of Public Works (661) 267-5300
• Project: Multimodal Transportation Center
^ Acquisition of eight (8) Industrial Parcels for new Transportation
Center
• Project: Marie Kerr Park Expansion
^ Acquisition of eight (8) Parcels containing 20 acres of land for a
Park N Ride lot and park expansion.
2. City of Anaheim
o Natalie Meeks, Director of Public Works (714}-765-5176
Project: Katella/Smart - Humor to Jean Street Widening
^ Acquisition of 10 private residences and a commercial strip center.
3. Anaheim Redevelopment Agency
o Claire Fletcher, Property Services Manager (714) 765-4300
• Project: West Lincoln- Replacement Housing Project.
^ Voluntary acquisition of twelve (12) Single family Residences for
housing projects.
• Project: South Anaheim Boulevard
^ Voluntary acquisition of six (6) Retail properties along South
Anaheim Blvd.
4. Palmdale Redevelopment Agency
o Michael Adams, Housing Manager (661) 267-5125
Project: Courson Connection
^ Acquisition of fifty (50) residential parcels mostly tenant occupied to
build a federally funded housing project and senior center
5. Fullerton Redevelopment Agency
o Robert Zurschmeide, Executive Director (714) 738-6877
Project: Richmond Revitalization
^ Acquisition of 29 apartment complexes, tenant occupied to
Revitalize neighborhood and provide lower cost housing
B. Partial Fee/Street Easement Acquisitions
1. City of Anaheim, Public Works
° Natalie Meeks, Director of Public Works (714) 765-5176
• Project: State College & Ball Road Improvements
^ Acquisition of Partial Fee Title for street widening project.
Four (4) service stations were impacted.
• Project: Katella/Smart Street Widening
^ Acquisition of Partial Fee Title for Street widening
11 properties which included 3 shopping Centers and 8 homes
• Project: Kramer/La Palma Street Widening
^ Acquisition of Partial Fee title for Street Widening
7 commercial properties
• Project: Lincoln/Brookhurst
^ Acquisition of four (4) Road Easements for street and highway
purposes.
• Project: Katella III and IV
^ Acquisition of sound wall and maintenance easements on six (6)
parcels
• Project: Gene Autry (West) Highway -Federally Funded
^ Acquisition of four (4) apartment buildings, partial taking of two (2)
trailer parks consisting of seventy (70) mobile homes for
construction of Gene Autry Way across the I-5 Freeway.
• Project: Gene Autry (West) HOV Interchange -Federally Funded
^ Acquisition of Industrial and Retail occupied properties. Partial
taking of Mobile Home Park consisting of 9 mobile homes, hotel
and office occupied properties.
2. City of Palmdale
o Mike Mischell, Director of Public Works (661) 267-5100
• Project: Avenue "S" Street Widening -Federally funded
^ Acquisition of partial fee taking, permanent and temporary
easements for fifty (50) parcels along Avenue S for widening
from 2 to 4 lanes.
• Project: Avenue R and 5th Street East
Acquisition of four (4) road easements for road improvements
SECURITY LAN®& RIGHT QF WAY SERVICES, INC.
For use with proposal to City of Seal Beach, February 2009
SCOPE OF SERVICES
Security Land (Consultant) shall provide the City of Seal Beach (herein after
called "City") with property acquisition consulting services as set forth in this Agreement
as necessary and directed by City for various projects (collectively "Projects"). The
Acquisition services shall be consistent with State and or Federal guidelines depending
on the funding sources. Such professional property acquisition consulting services shall
include but not be limited to performance of the following specific tasks:
1. Review and analyze preliminary title reports in order to identify those specific title
exceptions that may require removal prior to conveyance. Also, provide the
assistance to City necessary to eliminate those adverse items.
2. Prepare, review and analyze real estate market valuations and appraisal reports.
3. Prepare all offer letters, appraisal summary statements, real estate market
valuations and appraisal reports, and lists of compensable items in accordance
with state and federal regulations and with the approval of City
4. Personally negotiate as necessary with property owners and business tenants (or
their appointed representatives) for the purchase of the required property rights.
City's written offer to purchase will be presented to the property owner or the
appropriate owner's representatives in person, when possible, anywhere in the
United States.
5. Personal negotiations will continue with the property owners and tenants until
every reasonable effort has been expended. Personal negotiations will continue
until it appears that the only remaining method of acquisition is through eminent
domain proceedings.
6. At such time that negotiations appear to be unsuccessful and should eminent
domain proceedings commence, the selected consultant will provide assistance
necessary to aid City's condemnation counsel. Negotiations will continue after
the filing of a condemnation action if it is the desire of the City Staff and legal
counsel.
7. Prepare all acquisition agreements, deeds, rights-of-entry and other documents
necessary to complete the acquisition.
8. Process all acquisition documents to the City office and transmit the executed
and accepted documents to the appropriate parties (i.e., escrow, property owner,
City file, acquisition consultant).
9. Act as liaison between City, appraiser and title companies.
10. Obtain reconveyance and/or subordination agreements when necessary.
11. Assist City staff with the coordination of all the various aspects of real property
acquisition.
12. A diary of all pertinent information and contacts concerning the individuals will be
maintained.
13. A written summary of the status of the acquisition of each parcel will be provided
to the City as requested by Staff. It shall be the Consultant's normal procedure to
discuss the acquisition status with City staff on a more frequent basis, so that
City is kept well informed as the acquisition process proceeds.
15. All executed documents on successful negotiated parcels will be promptly
transmitted to City.
16. Meet and confer with City staff on an as needed basis.
17. Provide any and all other real estate, property acquisition, or related services
requested by City.
SECURITY LAN®& RIGHT OI= WAY SERVICES, INC.
For use with proposal to City of Seal Beach, February 2009
SCHEDULE OF FEES
Security Land & Right of Way Services is prepared to perform all the acquisition
services set forth in the Scope of Services at the following rates:
$115.00 per hour not to exceed $2,500.00 per Assessors Parcel Number
without the prior written approval by City staff.
If requested by City, Consultant can provide additional services, such as appraisals,
relocation, environmental surveys, demolition or other related services that are
requested. Consultant will invoice at cost plus 12'/z% for said services.
Afl miscellaneous costs, such as certified mail, federal express, etc., shall be a direct
cost passed through to the City.
The above hourly rates shall remain in effect for the first 12-month period from the date
of the Agreement/Purchase Order. Each 12-month period thereafter, the rates shall
automatically be increased by 2'/z % per annum.