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Home My WebLink AboutMINUTES - 08142001 - C.7 Y TO: BOARD OF SUPERVISORS cd FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: August 14. 2001 . SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Fifth Amendment to Agreement No. 86 increasing the agreement payment limit by $25,000 to a new payment limit of$372,000, for the County to provide right of way services to the Contra Costa Transportation Authority for the State Route 4 East, Bailey Road to Railroad Avenue Project, Pittsburg area, (Contra Costa Transportation Authority) Project No. 4660-6X4258. Task No. ACQ Account No. 3540 SPECIFIC RI-QUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Fifth Amendment to Agreement No. 86 to provide right of way services by the County to the Contra Costa Transportation Authority for the State Route 4 East,Bailey Road to Railroad Avenue Project and AUTHORIZE the Board Chair to sign the agreement on behalf of the County. II. Financial Impact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. III. Background and Reasons for Recommendations: Contra Costa Transportation Authority requires a variety of right of way services but has no right of way staff and has contracted with the County for these services. On October 27, 1998 the Board approved the original agreement. The above-referenced amendment expands the total agreement value by$25,000 to a total value of$372,000. All other terms and conditions of the original agreement remain in effect. IV. Consequences of Negative Action: The Contra Costa Transportation Authority would not be able to contract for the County's right of vM serviicefs,. Continued on Attachment: SIGNATUR ,��/�K / _RECOMMENDATION OF COUNTY A h1IN STRATOR RECOMMENDATION OF BOARD COM M TEE _APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ONkPPROVED AS RECOMMENDEDxx OTHER AUGUST .1.4 , 2001 VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and CPS: correct copy of an action taken and G:\Gr' Ci:\GrpData\RealProp'v?001-Files\BOsRItES\BOZO SRd fast CC'TA Fifth Amenentered on the minutes of the Board of d°c Supervisors on the date shown. Orig. Div: Public works(R/P) ATTESTED: AUGUST 14 2001 Contact: C. Pina-Sandoval(313-2306) JOHN SWEETEN, Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) P. W.Accounting By Deputy 1 ORIGINAL CONTRA COSTA TRANSPORTATION AUTHORITY FIFTH AMENDMENT TO CCTA AGREEMENT NO. 86 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (EAST) PROJECT RIGHT OF WAY SERVICES i July 18,2001 WHEREAS, the Contra Costa Transportation Authority and Contra Costa County Real Property Division ("CONSULTANT") entered into Agreement No. 86 on August 1, 1998; and WHEREAS, the parties entered into Amendment#1 on June 16, 1999 to reflect the change in salary rates charged by CONSULTANT; and WHEREAS,the parties entered into Amendment#2 on July 21, 1999 to increase the maximum compensation; and WHEREAS, the parties entered into Amendment#3 on April 19, 2000 to increase the maximum compensation; and WHEREAS, the parties entered into Amendment#4 on June 21, 2000 to increase the maximum compensation; and WHEREAS,the parties now wish to further amend the Agreement to increase the maximum compensation; now therefore be it MUTUALLY AGREED: (1) that Article 3 of the agreement is amended to expand"Services by County"to include tasks set forth in the attached letter from Contra Costa Public Works Department dated July 3, 2001; and (2) increase the Total Agreement Value by$25,000 for an overall Total Agreement Value of$372,000; and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof, the parties hereto have executed this Fifth Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Chair, Boa of Supery rs Irma L. Anderson, Chair ATTEST: John Sweeten ATTEST: Clerk of the Board of Supervisors and County Administrator By: 16eputry Robe McClea xecutive Direct r V , Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA l By: By: Principal Real roperty nt Stanley S. Taylor � -- -— By: , Q4 41 Public Works it for Get i Approved as to Form: Silvano B Marchesi, County Counsel Q�jt�2 GD G By: Ij Deputy CCTA—Administration & Projects Committee July 12, 2001 xe Subject Route 4 Bailey to Railroad Widening (Project 1403) Contract 86 with Contra Costa County Summary of Issues The County beginning the process of transferring title to the State for the right-of-way that was acquired on behalf of the Authority for this project. Additional funding is required to complete the transfer. Recommendations Authorize the Chair to (1)Increase Agreement 86 by $25,000 for a maximum amount of$372,000; and(2)reduce Resolution 98-35-P by an equivalent amount. Financial Implications There is no net change in previously appropriated funds for this project. Options N/A Attachments Amendment#5 to Contract 86 Resolution 98-35-P (rev 2) Letter from Karen Laws, dated July 3, 2001 Changes from Committee Background The Authority is the lead agency for this project. We have previously entered into an agreement with Contra Costa County to use its power of eminent domain to acquire needed properties. Contract 86 provides for staff services, appraisals etc. The actual funds for acquisition are set aside in Resolution 98- 35-P. The County is beginning the process of transferring the title of the right-of-way to Caltrans. Based on its experience with the Willow Pass and Bailey Road projects, the County anticipates that an augmentation of$25,000 will be sufficient. DocumenQ 9.3-1 i + Maurice M.Shiu Contra Public Works Department Public Works Director Costa R.Mitch Avalon 255 Glacier Drive Deputy Director County Martinez,CA 94553-4825 J Telephone: (925)313-2000 Julia R.Bueren FAX: (925)313-2333 Deputy Director July 3, 2001 Patricia R.McNamee Deputy Director Mr. Paul Maxwell Deputy Director, Transportation CCTA 3478 Buskirk Ave., Ste. 100 Pleasant Hill, CA 94523 R/P — State Route 4 Projects Dear Mr. Maxwell: This is a request for further funding for right of way activities in connection with the following State Route 4 projects: Willow Pass Grade Resolution 91-37-P reflects a balance of $2,768.47 as of April 30, 2001. The additional funds requested are for $80,000, to reimburse SEECON (up to $47,500) for the drainage work required in connection with the proposed Settlement Agreement, ongoing attorney charges ($1,900 in May) transferring right of way to the State, title insurance (approximately $6,000), clearing title exceptions, possible joint use agreements, and removing the Mello-Roos assessment prior to the deed acceptance by to the State. Bailey Road I/C Resolution 91-08-P reflects a negative balance of -.$10,533.64 as of April 30, 2001. The additional funds requested are for $30,000, to cover the negative balance, to pay for the State's title insurance ($9,129.60), to clear the Mello-Roos assessment, and to finalize the clearance of the title exceptions from the title report. Please transfer the $30,000 from Resolution 91-47-P to Resolution 91-08-P. Bailey Road to Railroad Avenue Contract 86 reflects a balance of $8,635.69 as of April 30, 2001. The additional funds requested are for $25,000, to closeout files, to pay for the State's title insurance, to clear the Mello-Roos assessment, to remove title exceptions, to prepare utility agreements, and to transfer right of way to the State. The extent of the work required will become clearer after the legal description transferring the right of way is prepared and the preliminary title report can be ordered reflecting the outstanding title exceptions to be addressed. Please transfer the $25,000 from Resolution 98-35-P to Contract 86. Very ruly yours aren A. Laws Principal Real Property Agent RDB:eh G:1GrpData\RealProp12001-Files101-61State Route4 projects 2.doc