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HomeMy WebLinkAboutMINUTES - 03092004 - C.3 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 9, 2004 SUBJECT: APPROVE and AUTHORIZE the Public Warks Director, or designee, to execute an Amendment to an Agreement for Acquisitions Services between the County of Contra Costa and the City of Walnut Creek. (District 111) Project No. 4500-5X3013 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Public Warks Director,or designee,to execute, on behalf of Contra Costa County, an amendment for Acquisitions Services with the City of Walnut Creek, effective February 2, 2004, in the amount of $3,000.00. 11. Fiscal Impact: The City of Walnut Creek will pay the actual costs for Real Property staff acquisitions services. 111. Background and Reasons for Recommendations: Because the City of Walnut Creek has no acquisitions staff, Contra Costa County entered into an agreement effective March 31, 2003 to provide property appraisal and acquisition services. The City of Walnut Creek wishes to retain County staff's services, so is requesting an amendment, effective February 2,2004 in the amount of $3,000.00 for a new contract limit of $5,000.00. IV. Consequences of Negative Action: Less efficient government because the City of Walnut Creek would have to contract with another certified agency at a greater expense. R "'.. Continued on Attachment: SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -�7APPROVE OTHER SIGNATURE(S): ACTION OF BO ON MARCH 09, 2004 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT I & IV } AYES: NOES: ABSENT:ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the KAL:dm:eh date shown. 0:\GrpOata\RealProp\2004-Files\BOS&RES\BO20 City of WC Amendment.doc ATTESTED:rESTIrt : MARC�I (�9, 201� Orig.Contact: DonnPubliWorks k(3 JOHN SWEETEN, Clerk of the Board of Contact: Donna Murdock rator 168} Supervisors and County Administrator cc: County Administrator Auditor-Controller(via RIP) P.W.Accounting BY t t , Deputy Board Orders Clerk Specialist,Adm. e£ ADDENDUM TO AGREEMENT FOR ACQUISITION SERVICES 1. Effective ©ate and Parties. Effective on February 2, 2004, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter referred to as "County„), and the CITY OF WALNUT CREEK, a municipal corporation (hereinafter referred to as "CITY"), amended an agreement for acquisition services dated March 31, 2003 and hereby mutually promise and agree as follows: 2. Purpose. The City is planning the Seismic Retrofit of the Las Trampas Bridge on California Boulevard Project, (W.O. 9539), during the fall of 2004. The City desires to amend the contract dated March 31, 2003 with the County for property appraisal and acquisition services. 3. Services by County. The services to be rendered by County to City include appraisal, appraisal review, negotiation, land rights document preparation, right of way acquisition, and/or supervision of independent contractors providing such services. 4. Payment for Services. City 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). City shall pay all acquisition settlement and any other costs of acquisition such as title fees, recording fees, etc. Such payment shall be made within 30 days of billing by County. The original estimate for the project was $3,000. Due to unforeseen complications of the appraisal and negotiations to date, the County has altered its estimated hours to complete the work. The cost estimate for this addendum is $3,000. 5. Indemnification. County agrees to indemnify and hold harmless City from the County's share of liability for damages caused by the negligence or willful misconduct of the County, its officers, agents or employees in the County's performance under this Agreement. County's obligations under this section shall not apply to any claim, cost or liability caused in whole or in part by the negligence or willful misconduct of the City. Under no circumstances shall County have any liability to City or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to County's performance under this Agreement. City shall defend, indemnify and save harmless County, its officers and employees from all claims, suits or actions of every name, kind and description brought by or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City, its officers, agents or employees under or in connection with this agreement or with any work, authority or jurisdiction of City. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a City 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 CITY OF WALNUT CREEK g trice M. Shiu Senior Civil Engineer 7 - ublic Works Director B X, Ic Servic s r ctor Recommended for Approval J REVIEWED BY: Pr ncipal Real Property Agent By , / City Attorney i i i I i U APPENDIX "A" (Rags Effective October 1, 2002) REGULAR TIME OVERTIME From To From To Prinical Real Property Agent 119.00 165.00 122.00 170.00 Supervising Real Property Agent 99.00 135.00 100.00 140.00 Senior Real Property Agent 68.00 125.00 89.00 130.00 Associate Real Property Agent 79.00 115.00 79.00 120.00 Assistant Real Property Agent 68.00 95.00 67.00 95.00 Senior Real Property Tech Asst. 63.00 90.00 62.00 90.00 Real Property Tech Asst. 54.00 80.00 52.00 80.00 Assistant County Surveyor 105.00 135.00 108.00 140.00 Eng Tech Supervisor-Land Survey 79.00 115.00 80.00 115.00 f Engineer Tech Senior 75.00 105.00 75.00 105.00 Engineer Tech Journey 66.00 90.00 65.00 90.00 Engineer Tech Entry 49.00 75.00 47.00 80.00 CARD Operator 61.00 85.00 60.00 85.00 Senior Civil Engineer 115.00 160.00 118.00 165.00 Engineer - Journey 92.00 135.00 93.00 140.00 Account Clerk Advanced 52.00 75.00 52.00 75.00 Note. Rates will change periodically due to contracted salary Increases and overhead changes Rates for individual employees vary because of steps within each classification. AppdxArealprop4/17/03