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Home My WebLink AboutCROCKETT AND ASSOCIATESAGREEMENT THIS AGREEMENT is made and entered into this sixth day of January, 1994, by and between the CITY OF SANTA ANA, a public body, corporate and politic ("City"), and CROCKETT & ASSOCIATES, LTD. ("Crockett"). WHEREAS, the City desires to retain the services of Crockett to provide real estate appraisal services. THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby as follows: 1. Scope of Services Crockett agrees to appraise business fixtures and equipment in conjunction with the City's acquisition of real property for right-of-way purposes. 2. Compensation The City agrees to pay to Crockett, and Crockett agrees to accept, as full compensation for its services pursuant to this Agreement, payment at a maximum rate of One Hundred Twenty -Five Dollars ($125.00) per hour; provided, however, that total compensation paid to Crockett under this Agreement shall not exceed S,eventy-Five Thousand Dollars ($75,000.00). 3. Termination of Agreement This Agreement shall continue until terminated. Either party may terminate this Agreement upon thirty (30) days written notice of termination on the other party. The Executive Director of the Community Development Agency is authorized to terminate this Agreement on behalf of the City at her discretion. 4. Independent Contractor Crockett is an independent contractor and not an employee of the City, and all its personnel shall be employees or subcontractors of Crockett and not employees of the City. Crockett shall pay all salaries and wages, employer's Social Security taxes, Unemployment Insurance and similar taxes relating to employees and shall be responsible for all applicable withholding. 5. Insurance With respect to performance of work under this agreement, Crockett shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: I a. Workers Compensation Insurance with statutory limits, and employers liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident. b. Commercial general liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Crockett performs for the City. Such insurance shall: i. Name the City of Santa Ana and its officers and employees as additional insureds. ii. Be primary with respect to insurance or self-insurance programs maintained by the City. iii. Contain standard separation of insureds provisions. C. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired, and nonowned automobiles. Crockett shall: a. Furnish properly executed Certificates of Insurance to the Executive Director prior to commencement of work under this Agreement, which Certificates shall clearly evidence all coverages required above, and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to the City. b.' Maintain such insurance from the time work first commences until completion of the work under this Agreement. c, Replace such Certificates for policies expiring prior to completion of work under this Agreement. The Executive Director may waive or reduce the requirement of this section, if and to the extent the Executive Director determines them to be unreasonably burdensome to Crockett and not necessary for the protection of the City. 6. Notice Notice and written communication sent by one party to the other shall be personally delivered or sent by United States Mail, postage prepaid, to the following addresses: If sent by Crockett to the City: Executive Director Community Development Agency of the City of Santa Ana 20 Civic Center Plaza M-25 Santa Ana CA 92701 2 If sent by the City to Crockett; Crockett & Associates, Ltd. P.O. Box 8386 LaCrescenta CA 91214 7. Subcontractors None of the services included in this Agreement shall be contracted without the prior approval of the Community Development Agency's Executive Director. Crockett shall be. fully responsible to the City for performance of subcontractors. 8. Indemnification Crockett shall defend, indemnify and save harmless the Agency and the City of Santa Ana, and their officers and employees, from any kind or nature (including Workers Compensation claims) for damages to physical property and/or physical injury or death to persons to the extent resulting from or arising out of the negligent or wrongful acts, errors, or omissions of Crockett, its agents, employees, or subcontractors. 9. Certification of Nondiscrimination By signing this Agreement, Crockett certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap, or medical conditions. 10. Validity The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of the Agreement. 11. Laws Governing this Agreement This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12. Exclusivity and Amendment „of;.Agreement This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the retention of Crockett by the City, and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the City and Crockett. 3 t14 'JjTjqi:S� Ql4qRRF_GF, the parciee here.cc, Irave eY_e0i',7.CQ e A7reei)Wlnt t'ACL dazc and year firGt Jbow� i,PPROVED AS To FORK: (,'!T'(�F St,NTk ANA Voting CROCKETT ASSOCIATES, p LTD - Aol C ; r) r '-, ` �)L� - Cl gt",� Authority Ticle pom:j%k- tr,wkeVtt 11 TOTPL MY COUNCI�L MEETINDATE December 20, 1993 TITLE APPRAISAL CONSULTANT AGREEMENT BRISTOL STREET WIDENING AND FIRST AND GRAND ENHANCEMENTS CLERK OF THE COUNCIL USE ONLY Approved As Recommended As Amended (see Minutes) Ord i nance on I st Reading Ord inance on 2nd Reading implementing Resolution Set Public Hearing For Continued to: FILE NUMBER(S): /-7 —Z� —//-/- Direct the City Attorney to prepare, and authorize the Mayor and Clerk of the Council to execute, an agreement with the firm of Crockett and Associates, Ltd., in an amount not to exceed $75,000, for the appraisal of business fixtures and equipment for businesses affected by the Bristol Street Widening Project, and the First and Grand Enhancements Project. DISCUSSTON Staff is acquiring all requisite right-of-way for the improvement of Bristol Street between Edinger and McFadden Avenues (Exhibit 1). As a result, various businesses will be affected by the subject street improvement projects. Approximately 25 businesses will be relocated in conjunction with this project. Several businesses will be similarly affected by construction improvements to Grand Avenue between First and Fourth Streets. In order to complete the relocation phase of the project, the City is required to compensate businesses for the value of business fixtures and improvements which cannot be moved to a new location. Staff is recommending that the firm of Crockett and Associates, Ltd. , be retained to provide the requisite appraisal services, Mr. Crockett, the principal of the firm, will be providing the needed services. He is a highly experienced, well qualified member of the American Society of Appraisers. He has provided similar services for the City and the Redevelopment Agency in the past. His fees are extremely competitive and he has demonstrated the ability to deliver appraisals in a timely manner. The recommended maximum fee of $75,000 assumes an average cost per business of slightly less than $2,500. Actual billing shall be on a per -hour basis. 0 5 3 C.S. 383 CONSULTANT AGREEMENT December 20, 1993 Page 2 FISCAL IMPACT Funds for these appraisal services are available in the Bristol Street Widening Project, (Account No. 32-551-6611) and the Transportation Systems Improvement Account (Account No. 43-631-6611, Project 2571: Arterial Street Widening First/Grand). Cy Chia J.(�,Nelson Executive Director/ Community Development Agency James Ross Executive Director/ Public Works Agency RBH:jwe actions\enhance.cc APPROVED AS TO FUNDS AND ACCOUNTS: Rod R. Coloma Executive Director/ Finance & Management Services Agency MC f'A(JOF;V AvrNfJE u� J w � I L �'ry I wGl I � I y ! 4 1 F` I WfLSHIRE AVENUE' RnER AVENUE PORCHARO STREET FOINGER AVUOVIJE EXHIBIT I