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HomeMy WebLinkAboutMINUTES - 12021997 - C9 TO: BOARD OF SUPERVISORS c.� FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 2, 1997 SUBJECT: Agreement to Provide Services to Contra Costa Transportation Authority Work Order No.: 3089 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE agreement to provide right of way services to the Contra Costa Transportation Authority for the State Route 242 lane widening project and AUTHORIZE the Board Chair to sign the agreement on behalf of the County. II. Financial Impact: The Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. III. Background and Reasons for Recommendations: CCTA requires a variety of right of way services on a state freeway project which requires supervision by a certified agency. Contra Costa County is a certified agency for right of way acquisition on State Highways and for other federally funded projects. CCTA desires to contract with the County for these services. IV. Consequences of Negative Action: Less efficient government because CCTA would have to contract with another certified agency out of this area at great pense. Continued on Attachment: SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Jo?-a - 7q7 APPROVED AS RECOMMENDED_OTHER VOTE OF SUPERVISORS ✓ UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ('hereby Certify that this Is a true and correct copy of eq action taken and entered on the minutes of the PBG:gpp Word of Su rv;>ors on the ;ato shown. g:\realprop\97-12\BO22-12.wpd ATTEMI) 47 Orig. Div: Public Works(R/P) PHIL BAT.HELOR,Cs;I<^f tiz I'll of Supervisor;and County Administrator Contact: Paul Gavey(313-2220) cc: County Administrator Deputy Auditor-Controller(via R/P) P.W.Accounting Contra Costa Transportation Authority r ORIGINAL AGREEMENT 1. Effective Date and Parties. Effective on f,�t, 1( , R9-1 the COUNTY OF CONTRA COSTA, a political subdi sion of the State of California (hereinafter referred to as "County"), and the CONTRA COSTA TRANSPORTATION AUTHORITY, a public agency, (hereinafter referred to as "CCTA"), hereby mutually promise and agree as follows: 2. Purpose. CCTA is planning the State Route 242 lane widening project to be constructed in 1998 and 1999. CCTA has no right of way staff and desires to contract with the County for property appraisal, acquisition and condemnation services. 3. Services by County. The services to be rendered by County to CCTA include, but are not necessarily limited to right-of-way services, including appraisal, appraisal review, negotiation, land rights document preparation, right of way acquisition, relocation and/or supervision of independent contractors providing such services. The services to be rendered by County to CCTA also include legal services to be provided by County Counsel or its designated contractor(s) or expert(s), including but not limited to consultation, research, opinions, and advice and preparation of pleadings and documents, court appearances, supervision and such other services as are requested. 4. Payment for Acquisition Costs. CCTA shall pay all costs of acquisition and settlement, including but not limited to the following: CCTA shall reimburse Lounty for all labor costs and appropriate overhead for County real property agents and attorneys, labor including overtime rates for evening or weekend work (See Appendix "A" for pay rates). CCTA shall reimburse County for expert, consultant, contractor and other expenses (such as recording fees, title fees, court expenses, etc.) at the actual cost incurred. Total payments shall not exceed $7,500 unless authorized by CCTA in writing. 5. Indemnification. CCTA agrees to defend, indemnify and save harmless County, its officers, and employees 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 assuming and acting for and on behalf of CCTA. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a CCTA employee. 7. Term.The term of this agreement shall commence on the effective date hereof and shall end upon termination by either party upon 30 days written notice. The rights and obligations of Paragraph 5 "Indemnification" shall survive any such termination. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY By B Qalcf Chair, Board of Supervisors Chair, Board of &mt6ssioners ATTEST: Phil Batchelor, ATTEST: Clerk of the Board of Supervisors and County Administrator By By o� Deput ort . cCleary Executiv ctor Recommended to the County Approved as to Form: Board of Supervisors for Approval: Legal Counsel for CCTA By By P Principa Real Pro rty Agent Public s­birpefor Approved as to Form: Victor J. Westman, County Counsel 13 Y Y PBG:gpp g:areal prop\97-8\AG 17CCTA.wpd August 25,1997 APPENDIX "A" Real Property Division Req. OT Principal Real Property Agent 112.47 114.86 Supervising Real Property Agent 102.03 103.29 Senior Real Property Agent 90.60 90.65 Associate Real Property Agent 79.41 78.94 Assistant Real Property Agent 63.51 62.22 Senior Real Property Technical Assistant 60.36 58.88 Real Property Technical Assistant 54.01 52.23 County Counsel Billinq Rate County Counsel $140.19 Assistant County Counsel $120.47 Deputy County Counsel $102.64 Clerical Support Staff $ 38.00 Note: Rates will change periodically due to contracted salary increases and increases in overhead charges. PBG:gpp g:\rea1prop197-8RAG 17CCTA.wpd