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TO: BOARD OF SUPERVISORS.
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 1, 1994
SUBJECT: AGREEMENT TO PROVIDE SERVICES TO DELTA DIABLO SANITATION DISTRICT
Work Order Nos.: 3065, 3066, 3067 & 3068
SP01FIG REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action: APPROVE agreement to provide right of way services to Delta Diablo
Sanitation District for their Pittsburg conveyance system project and AUTHORIZE the Chair,
Board of Supervisors to sign the agreement on behalf of the County.
a
11. Financial Impact: Delta Diablo Sanitation District will pay the actual costs for Real Property staff
right of way services.
III. Background and Reasons for Recommendations: Delta Diablo Sanitation District 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.
IV. Consequences of Negative Action: Less efficient government because Delta Diablo Sanitation
District would have to hire additional private contractors at greater expense.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
—_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON. 1 /R R'4- APPROVED AS RECOMMENDED OTHER—
VOTE F SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
I hereby ccrtify that this is a true and Correct Copyof
an action taken and Entered on the minutes of the
PBG:glo Board of Supervisors on the date shown.
c:B0201.t3 ATTESTED:m'�'�'' 1. 1494
Orig. Div: iPublic Works (R/P) of Supervisors"Ea�n°dR unttyy of iBoardt r
Contact: Paul Gavey (313-2220)
cc: County Administrator By. De"
Auditor-Controller (via R/P)
P. W. Accounting
Diablo Sanitation District
AGREEMENT
1. Effective Date and Parties. Effective on February 15, 1994, the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California (hereinafter referred to as 'County'), and the DELTA DIABLO SANITATION
DISTRICT, a municipal corporation (hereinafter referred to as 'District"), hereby mutually promise and agree as
follows:
2. Purpose. The District is planning the Pittsburg Conveyance System project to be constructed during the summer
of 1994. The District has no right of way staff and desires to contract with the County for property acquisition and
consultation services as detailed in Appendix A under Scope of Services.
3. Services by County. The services to be rendered by County to District may include appraisal review, negotiation,
land rights document preparation, right of way acquisition (including condemnation) and/or supervision of
independent contractors providing such services.
4. Payment for Services. District agrees to reimburse County for all labor costs and appropriate overhead for
County Real Property Agents labor including overtime rates for evening or weekend work (See Appendix'A'for
pay rates). County overtime hours must be authorized by the District in advance. County shall submit a quarterly
invoice to District which shall contain the tasks and period for which payment is being requested. Total cost to
District for County's services shall not exceed$15,400 without the written approval of the District. Consultant fees
shall be invoiced to the District at no cost. Such payments shall be made within 30 days of billing by County.
5. Indemnification. District agrees to defend, indemnify and save harmless County, its officers and employees,from
and against any and all loss, damage, liability, expense, claims or demands, of whatever character, to persons
or property, direct or consequential, directly or indirectly contributed to or caused by County assuming and acting
as the right of way agency for and on behalf of the District. However, District shall have no obligation to indemnify
the County for any loss, damage or liability directly caused by the sole negligence or sole willful misconduct of
the County, its officers or employees.
6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services
hereunder is a District employee.
7. Term. The term of this agreement shall commence on the effective date hereof and shall end upon termination
by either party upo 0 days written notice. The rights and obligations of Paragraph 5 "Indemnification' shall
survive any such ermi ation.
COUNTY OF NT COS DELTA DIABLLO SANITATION DISTRICT
By By V&J- d%
Chair, B Ord of Supervisors General Manager
ATTEST: Phil Batchelor, ATTEST: Secretary
Clerk of the Board of Supervisors
and County Administrator
By By C.
Deputy
Recommended to the County
Board of Supe 'so s or Approval:
By
Principal-Real Prope en
By CA� v �
All
Pub' rks Director
Approved as to Form:
r J. Westman, County Counsel
Puty
PBG:glo
c:AG17DDSDA2
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APPENDIX °A°
Rett. 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 Property Technical Assistant 52.07 52.61
Real Property Technical Assistant 46.66 46.66
Note: Rates will change periodically due to contracted salary increases and increases
in overhead charges.
Scope of Services
Task 1: Negotiations with Southern Pacific, AT&SF, and Affinito, including reviews by
senior staff, as necessary. Costs for this task shall be itemized separately in invoices to
the District. Cost for this task not to exceed $6,400.
Task 2: General Consultation with District Staff (up to 16 hours). Budget for this task is
$1,100.
Task 3: Condemnation Assistance. This task is for condemnation assistance, including
any necessary reviews by senior staff. County shall notify District prior to commencing
work on this task. Budget for this task is $5,300.
Task 4: Other Acquisition Services, not identified in previous tasks, as requested in
writing by the District. Work on this task shall not proceed until written notice from the
District has been sent to the County. A total of $2,600 (up to 40 hours) is budgeted for
this task.
AG.17a
(rev.5/25/93)