HomeMy WebLinkAboutMINUTES - 09121995 - C12 _ TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: September 12, 1995
SUBJECT: AGREEMENT TO PROVIDE SERVICES TO THE CITY OF MARTINEZ
Work Order No.: 3075
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE agreement to provide Real Property and Engineering services to the
City of Martinez for their Intermodal transit facility project and AUTHORIZE the
Board Chair to sign the agreement on behalf of the County.
II. Financial Impact:
The City of Martinez will pay the actual costs for Real Property staff negotiation and
acquisition and Engineering right of way services.
III. Background and Reasons for Recommendations:
The City of Martinez requires a variety of real property and engineering services but
has no right of way staff and desires to contract with the County for these services.
This project also requires supervision by an agency certified by Caltrans for work
with federal funds. The County Real Property Division is certified by Caltrans for
federally funded projects.
Continued on Attachment: V' SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON /�� 199.E APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES: i hereby certify that this Is a hue and correct copy of
ABSENT: 1r ABSTAIN• an action taken and entered on the minutes of the
Board of Supen4sr on the dde shown.
DLD:csp ATTESTED: 0,7'-.- 0,,, /.) , l
PHIL BATCAEWR,Clerk of the Boa —_
g:\realprop\temp\B02012.t9 of Supervisors end County Administrator
Orig. Div: Public Works(RIP) ,
Contact: Donna Dawkins(313-2224) by J14Deputy
cc: County Administrator
Auditor-Controller(via R/P)
P.W. Accounting
Agreement to Provide Services to the City of Martinez �' 12,
September 12, 1995
Page Two
IV. Consequences of Negative Action:
Less efficient government because the City of Martinez would have to hire
additional private contractors at greater expense.
REAL PROPERTY & ENGINEERING SERVICES AGREEMENT
INTERMODAL PROJECT
This Real Property & Engineering Services Agreement (this
"Agreement") is entered into by and between the City of Martinez
("City") and the County of Contra Costa ("County") with reference
to the following recitals:
WHEREAS, City intends to acquire those certain parcels
depicted as Parcels 5, 6, 7, 8, 9, 10, 11, 12, 20 and 26 on
Southern Pacific Transportation Company Map V-65-28 and any other
parcel subsequently identified by City for inclusion within the
project area for development of the Martinez Intermodal transit
facility. project ("Subject Property") .
WHEREAS, County has expertise in real property negotiation
and acquisition and right-of-way engineering which may assist
City in its efforts to acquire the Subject Property, including
without limitation, valuation consulting in making the offer for
the Subject Property;
WHEREAS, County desires to make available said expertise to
City, and City desires to accept such expertise, upon the
following terms and conditions.
NOW, THEREFORE, the parties agree as follows:
1. Services. The services to be provided by County to
City with respect to the Subject Property shall include, but are
not limited to, appraisal, appraisal review, negotiation,
valuation consultation, land rights document preparation, right-
of-way acquisition, relocation and/or supervision of independent
contractors providing such services, field surveys, topographical
mapping, preparation of appraisal maps, writing legal
descriptions and preparation of right-of-way maps.
County may decline to provide services requested by City ,on
an item-by-item basis, provided that County provides a
explanation, in, writing.
Prior to the provision of any services by County, City shall
issue written instructions which shall be approved by the County
Principal Real Property Agent.
2 . Term. The term of this Agreement shall commence on the
effective date hereof and shall expire upon the earlier of (i)
completion of said services or (ii) termination by either party
upon 30 days' written notice. The rights and obligations of
Paragraph 5 ("Indemnification") shall survive termination of this
Agreement.
inumcw.agm -1- July 24, 1995
3 . Compensation. City shall reimburse County on an hourly
basis for labor costs (as set forth in Appendix "A") incurred in
providing the services hereunder. Overtime rates shall apply for
evening or weekend work. The total compensation paid to County
by City under this Agreement shall not exceed $50,000. Said sum
shall not include acquisition settlement and any other
acquisition costs such as title fees and recording fees, which
shall be paid by City.
City shall reimburse County within 30 days from receipt of
accurate and complete activity cost detail records from County.
4. Independent status. Nothing herein shall be construed
to imply that any County agent or employee providing any services
hereunder is a City employee.
5. Indemnification. City agrees to defend, indemnify and
hold harmless County, its officers, employees and agents from and
against any and all loss, damage, liability, expense, claims or
demands of whatever character, direct or consequential, directly
or indirectly contributed. to or caused by County in connection
with the providing of the services hereunder; provided, however,
that the foregoing obligation of City shall not apply to acts by
County, its officers, employees and agents which are willfully
malicious or grossly negligent.
6. Contact of owners. County agrees to contact in writing
the owner(s) of all parcels which constitute the Subject Property
and advise them of County's retention by the City and of City's
retention of an appraiser. Said letter shall state that the
owner(s) and/or their representative may accompany the appraiser
on his or her initial site inspection and request that the
owner(s) contact the appraiser to set a mutually convenient
inspection date.
7. Environmental Clearance. County shall not proceed with
any work, other than the Preliminary Right-of-way task defined in
Exhibit "B" hereto, until City has received federal environmental
clearance and has' so notified County.'
8. Assignment. The employees or agents which County
provides for the services hereunder shall be experienced and
skilled in the performance of such tasks. The services hereunder
shall be performed to the satisfaction of the City Engineer.
County shall not assign or sublet any of the services hereunder
without the prior written consent of the City.
WHEREFORE, this Agreement is dated and effective as of this
1995.
intro".agm —2— July 24,1995
County of Contra Costa: City of Ma tinez:
By: By:
Chair, bard of Supe5qisors Ronald P terson
Acting City Manager
ATTEST: Phil Batchelor,
Clerk of the Board
of Supervisors and
County Administrator
By:
Deputy
Recommended to the County Board
of Supervisors for Approvals:
By:
rincltrAl Real operty Agent
r
AKA'Z'
By: ze Iv
ub
Works Director
Approved as to Form: Approved as to Form:
Victor J. Westman, County Counsel
By:
y , J rey A.. Walter
ity Attorney
iaumaei.sgm
-3- JuV 24,1"S
APPENDIX "A"
1 Req. OT
Principal Real Property Agent 97.23 102.24
Supervising Real Property Agent 87.64 91.67
Senior Real Property Agent 77.92 81.00
Associate Real Property Agent 75.01 77.80
Assistant Real Property Agent 59.68 60.97
Senior Real f roperty Technical Assistant 52.07 52.61
Real Property Technical Assistant 46.66 46.66
Assistant County Surveyor 83.37 90.25
Supervising Engineering Tech/Land Surveyor 70.53 75.08
Senior Engineering Technician 57.85 60.67
Journey Engineering Technician 50.50 52.32
Entry Engineering Technician 44.17 45.12
CADD Drafter 50.81 52.68
Note: Rates will change periodically due to contracted salary increases and increases
in overhead charges.
AG.17b
1
DISTRICT DIRECTORS JUNE 9 , 1994
ATTENTION DEPUTY DISTRICT DIRECTORS PLANNING & MANAGEMEt;
RIGHT OF WAY GENERAL
FUNCTIONAL, FILE #94-
Right of Way Activities Prior to Environmental Clearance
Right of Way' s Streamlining Task Group has identified
specific activities which can be performed in advance of
environmental clearance to expedite the Right of Way process .
The Federal Highway Administration has agreed that these
activities' can be performed prior to environmental clearance
without jeopardizing Federal participation.
It is extremely important to remember that securing Federal
participation through the current FNM-76 process must be
accomplished prior to beginning these activities . Headquarters
Right of Way Planning and Management and Budget' s Federal-Aid
Branch are . working together to revise the FNM-76 process, and
screens toemake it easier to secure Federal participation. We
will issue another Functional File memorandum when these changes
are approved.
The following Right of Way activities can be performed
during the "Preliminary Engineering" , "Preliminary Right of Way" ,
and "Regular Right of Way" project stages .
PRELIMINARY ENGINEERING
Preliminary Engineering is defined as those Right of Way
activities performed in support of project programming,
environmental clearance, and design. These activities include:
• Preparing Route Estimate Maps
• Preparing Route Estimates
• Preparing Right of Way Data Sheets
• Preparing Housing Studies
• Verifying Utility Facilities
• Locating Utility Facilities ( "potholing")
4EX A t Ae 4000
apu Q i u(REV.7/91)
:u 1- ']17 /v
cram nc rnl nFvAaT1JENT OF 7P-SPORT
Deputy Distritt Directors
June 9 , 1994
Page 2
PRELIMINARY RIGHT OF WAY
Preliminary Right of Way is defined as those Right of Way
activities which occur after the project is programmed, and are
typically charged as Right of Way support to the project's
Phase 2 expenditure authorization. These activities include:
• Ordering Title Reports
• Preparing Base Maps
Preparing Appraisal Maps
• Conducting project-wide comparable sales searches once
a preferred alternative is internally selected
• Assigning appraisers to specific parcels , contacting
the property owners to commence appraisal. activity, and
completing the appraisal once the preferred alternative
is'-,,.made public in some manner (newspaper announcement,
distribution of the final. environmental document, etc. )
REGULAR RIGHT OF' WAY
Regular Right of Way (Which cannot commence until final
environmental clearance has been secured) is defined as :
• Acquiring Right of Way Parcels
Relocating Displaced -,Persons
Performing Utility Relocation activities from the
request for Relocation Plans forward
GARY HORN, Chief
Planning and Management Branch
Division of Right of Way
BCowan: sg
F-kRLY.MEM
PLANNING & MANAGEMENT DISC
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