HomeMy WebLinkAboutMINUTES - 08152006 - C.9 U-
TO: BOARD OF SUPERVISORS Contra
FRO_\L \IALIZICE M. SHIL°_ PLBLIC WORKS DIRECTORi �----��<� Costa ,
DATE: August 15. 2006
.s County
SLBJECT: Seventh Amendment to Agreement No. 124 to Provide Right of Wax-Services to the Contra Costa
Transportation Authority. Pittsburg area (District V) i
Proiect No. 4660-614287 Task No. ACQ Account\o. 3540
SPECIFIC _RREC--%INf=\73T1+i\:S:SBACKGROL1DAND
RECOMME-NDED ACTIO\:
APPROVE the Seventh amendment to Agreement No. 124 to provide right of way services b1•the Count-to the �
Contra Costa Transportation Authority(CCTA)for the State Route 4 East Widening Project—Railroad Avenue to
Loveridge Road to increase the payment limit by SI 50,000 to a nexv payment limit of S-I.96�.500_and to amend the
scope of services to include right ofxvay close out activities. effective May, 1-.'006: and AUTHORIZE the Chair.
Board of Supervisors_ to execute the agreement on behalf of the County. I
FISCAL IMPACT:
CCTA«-ill pay.the actual costs for Real Property staff right of yy-ay services.
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CO\TIWED ON ATTACH\IE\T: ❑x SIG\ATL
RECO>I>IENDATIONOFCOL-STI-ADMINISTRATOR RE It. E- DaTION 7kRDCON1%11TTEE
APPRONE OTHER
SIG\ATCRE1Si:
ION Q__B<_-- �. \ &PROy c7.:5 RECO%I:1L\DED TH-3
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SUBJECT: Seventh Amendment to Agreement\o. 124 to Provide Right of Way Services to the Contra Costa
Transportation Authority. Pittsburg area (District V)
DATE: wzust 15. 2006
PAGE: ' of'_
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REASONS FOR RECOILME\DATIO\S AND BACKGROUND:
CCT A requires a varier of right of,, ay services but has no right of way staff and has contracted with the Count-for
these services. On April 4. 000 the Board approved the original agreement for the State Route 4 East Widening
Project—Railroad Avenue to Loveridge Road. This amendment expands the total agreement value be S1?0.?00 for
a total agreement value of S4.960.50���and an addition in the scope of services to include property-right of«-av close
out activities and to ackno«ledge an increase in the actual costs of condemnation activities.
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CO\SEOCE\CES OF-EGATIVE ACTIO\: I
CCTA.,,-ould not be able to contract for the Count's right of way services.
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Contra Public I-Yorks Department Maurice Vii.`i:iL'
- - _ - - -- -Public-tlbrk;-DireaOr- i
Costa Glacier Drive 3. 1_ D a:alor-
COuntV Martinez, )z YC_
T2 phone '_"_ 21000
=AX 1925113 1-3-2333
,eb ske:w-.M1.v.cO.c n-rte-e5-z._a u SGe?a,-EOw
De_uty GI.__tz•-
April 24, 2096
Paul F. Maxwell. P.E.
Contra Costa Transportation Author_ty
=Y-S Buskirk Ave, Suite 100
Peasant Hili; California 9452'
OCTA- Contract No. 124
Railroad to Loveridge
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Dear Mr. Maxwell:
The Count-is requesting an amendment to Contract 112 4 to complete the remainine tasks
necessary for.he close out and transfer of the Railroad:o Loveridge project to the Sta_e. A
contract amendment was aoroved in Mav of 2003 that budgeted funds for ti-lis wo-k. The
transfer and close out process has just begun and is expected to take _2-to-141 mliths. The funds
originally set aside were expended on outside legal counsel costs and County staff time
11eC-SSarV t0 Clea: R`ttl? the Cell towers, the numerous Ca_Yle`5 on the towers. and complicated
eminent domain issues on the Hernandez case. All work associated witi1 those cases ::as been
completed except for the approval of a settlement agreement with Cinaular. which will• require a
minimal aanount of staff time to complete. To complete the tasks as shown below. i- ::; necessa
to -epI- ish the contract to the sum of S1�0.000. ;
• Individual =_ile close outs and review b;r the State, which are te-itativei-y- scheduled fo- tll_
end of Tune:
• Monthl_v meetings with \olte, Mark TLomzs, and Caltrans staff-_o discuss mapping.
legal description, parcel and transfer issues:
• Obtain title report for transfer;
• Work with Caltrans staff regard ng title exceptions;
• Prepare trans-el document to S:a e; and
• Prepare transfer. document for City of Pittsburg I
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Me County continues to work wth you and your staff to provide the mos: of ec_iye se-vicC to
the Authorit:. Please coatac.lne at 92� 91=-2225 if you have ane questions.
V--"trult-yours
area A. La.;•s
/Prin ipa:Rea: Proven-Aden_ f
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CM—Administration & Projects Committee May 412006
Subject SR4(e)Widening—Railroad to Loveridge—Seventh Amendment to
Contract No. 124 with Contra Costa Count• for Right-of-Wav
Acquisition (Project 1405)
Summary The Authorin approved Contract No. 124 with Contra Costa County to provide
right-of-wav acquisition services for the SR4 (e)Railroad to Loveridge
Widening Project in Januar}-2000. Initially it was anticipated that the Counn`s
role would be limited.with Caltrans assuming the lead. Subsequently. because
j of Caltrans staff limitations the County took over complete responsibilit for II
acquisition and relocation services for the project. Therefore. Contract_.No. =4
has been amended over time to reflect the Count's increased role.
Right of wax.acquisition is essentially complete for this project. This current
amendment would fund "close out"activities for eventual transfer of title for the
acquired parcels from the Count-to State and the Cit of Pittsburg.
Recommendations Staff recommends approval for the Chair to execute Amendment No. to
iincrease the Total Compensation Limit of Contract No. 124 by $150.000 for a
t ;new total of 54.960.500.
Financial I Adequate funding is programmed in the 2005 Strategic Plan.
Implications '
II Options The APC could elect not to approve this request at this time. However. the �
i Iremaining right of way dose out activities for the Railroad to Loseridge Project
could be delayed. j
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Attachments A. Letter from Contra Costa Count. dated April 24.2006
B. Draft Amendment\'o. 7 to Contract\o. 124.
II C. Historical Summar. of Contract Amendments
Changes from
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Committee i II
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Background
Contract M. 124 pro-,ides for Count-staff resources (along with needed sub consultants)to conduct
right-of-«a-, acquisition efforts for the SR 4 (e)Railroad to Loxeridge Widening Project. Ser\ices
under this agreement include obtaining title reports. appraisals. negotiating with property owners.
pros iding relocation assistance to affected propem owners. propem_ maintenance. demolition of
acquired properties and right of wa-, close out.
A historical summary of the prior amendments to this contract is shown in Attachment C. Because
the Counn's role initial)was thought to be limited,whereas it has grown tremendous)over the
past six years_the scope and value of the agreement has grown accordingl\. At this time.the
property acquisition phase of the project is nearing completion.with the exception of a settlement
agreement associated with a cellular telephone tower.
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Scam.'-:n= jocuments L14-APC Ps.ke:�2006 u -04-06 14-Countx 124 BL-jog --i
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CCT4—Administration & Projects Committee May 4.2006
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The last contract amendment in Max 20031 was estimated to cover remaining acquisition and closeout �
activities on this project. However. since Ma} 2003).the Count•has preformed additional
unanticipated services dealing with multiple cell towers and numerous carriers on the towers. as vtell
as complicated eminent domain issues associated with a parcel on Bliss Avenue. These activities
involved outside legal counsel in addition to Count-staff. Therefore.the Count-,•'s contract needs to
be amended to provide budget for close out activities.
The remaining right-of-way close out activities will be performed by Count-staff. The County staff
will assist the Authorit- in final record documentation and title transfer to State and the Cit-of
Pittsburg. The proposed budget amendment is based on an estimate of services for approximately
one year.
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Sha:.,,:=-mx docu:;er.=s 6;-APC Packets—'(,,.-!6 O:-04-66 14-Count 124 BL-do-- 14-2
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CONTRA COSTA TRANSPORTATION AUTHORITY
SEVENTH AMENDMENT TO CCTA AGREEMENT NO. 124
WITH
CONTRA COSTA COUNTY
FOR
STATE ROUTE 4 (EAST) WIDE\I\G PROJECT-RAILROAD AVENUE TO
LOVERIDGE ROAD: RIGHT OF WAY ACQUISITION SERVICES
May 17, 2006
WHEREAS.the Contra Costa Transportation Authority and Contra Costa Count}- Real Propert-, !
Division("CO'_\SULTA\T�) entered in Agreement No. 124 on Januar- 1. ?000 with a not to !
exceed amount of S60.000 to prepare title reports for certain"advance acquisition' parcels: and
WHEREAS.the parties entered into the first amendment to the agreement on May 17. 2'000 to
amend the scope-of-services to include acquisition of the properties on Frontage Road. and
accordingly increase the total compensation to S-5-50.000 and
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WHEREAS.the parties entered into the second amendment to the agreement on April 18. 2001
to modify-the aeoaraphic limits of the corridor: and
WHEREAS.the parties entered into the third amendment to the agreement on May 16. 2001 to
amend the scope-of-services to include (1) acquisition of all properties needed for the Railroad to
Loveridge proiect. (2) demolition of the properties on Frontage Road. and to increase the total
compensation to 51.225.000: and
WHEREAS,the parties entered into the fourth amendment to the agreement on September 19-
M01 to correct the needed rending for the third amendment b-,- increasing the total compensation
to S 1.775.000: and
WHEREAS,the parties entered into the fifth amendment to the agreement on April 17. ?002 to j
include (1) demolition of all remaining properties acquired for the project. and (2-1 condemnation I
activities for certain parcels. and ()) to acknowledge an increase in the actual costs for Frontage
Road demolition increasing the total compensation to S4.070._500: and
WHEREAS,the parties entered into the sixth amendment to the agreement on May-2 1. 200= to
include condemnation activities. appraisal services and right of way close out activities
increasing the total compensation to S4.810.500. and
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WHEREAS.the parties now wish to amend the scope-of-seri ices to include right of way close
out activities and to acknowledge an increase in the actual costs of condemnation activities. now ,
therefore be it
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MUTUALLY AGREED:
(1) that Article 4 of the Agreement is amended to increase the base work compensation
by $150.000 for an overall total Agreement Value of$4.960.500; and �
that all other items and conditions of the Agreement shall remain in effect.
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In witness whereof.the parties hereto to have executed this Seventh Amendment to the
Agreement as of the da-,- and rear above written.
COL\TY OF CONTRA COSTA CO�TR-X COSTA TRANSPORTATION- AUTHORITY
John(Gi�pia. Chair. Board of Supervisors 71541d P. Freitas. C jr
AUGUST 15, 2006
ATTEST: John Cullen ATTEST:
Clerk of the Board of Supervisors
and County Administrator
B,.
DeKut} V Robe '. McCleaE ecutive Direc' -r
Recommended to the Count} Board of Approved as to Form: �— 1
Supervisors foV-,'Cpproval: Leeal Counsel for CCTA "
B�: �.� ��/�^ B\:
/ lncipal Real Propem Agent Stanley S. Taylor
B' :
Maurice Shiu
Public Works Director
Approved as to Form:
Silvano B. Marchesi. Count_ Counsel
B�:
Depute
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e,rneNrl_n-A
Historical Summan of Contract Amendments
CT 124.Contra Costa County
Contract Amount of Total Contract
Date (Description i -
Amendment Amendment amount !
i Contract as originaii}written covered only securing:itl--reports[c-t e
ji advance acquis:ion properties alone Frontage Roac prior to the
ng
Oma.
]an 1.2000 I S - S 60.000 icertification of the environmental docgment.t0:iginally Ca;-rans baa;to;
Contract I
l..ave been resporimle for the right-o—f wa} acqulsit-.on after t:,e
environmenta:document was cormletel.
I 'Caltrans sabsequertl% determined that it did rot haze suf` er.:staff cep
�mecdm:nt\o.
undertake r ight-of-na%acquisition.for this project. Tcis am--ndme l:
Slat 1 '-000 1 S 490.000 , S SSCP 000 was written to cox--:the preparation or appraisals. coanr_. staff
-right of wax eng-ineeriag.and relocation cerN-ices for the axuismorl o' °
jpronerties.but only along Fromagz Road.
This am--ndmer simply extended the geographic lin;:s fur nen ea:[:o
Amenam--nt S S „C!n00 `State Route 160.therebx inciuding the Someav�ille Road axa.i ae:z
ap 1S.20tH i `
No.2
was no increase In the contract value-
Amendment requested an increase of S1.225A00 for aura:sa!s.
_ .countx-smffi sigh:of wax engineerma.and reiocatien scrvicz=_'or
i - properties required for Harbor Street B.idge and Mainime,cors:rurtior..
Arrencrrem I -
Ma_ 16.2001 S 6'S.000 ; 5 1?2=J00 It inclined 2.zstinatz of S GC!000 for demo!itien o_rrontage
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j -Properties and 5100.000 for Count%Counsel services to nig Order Of
i '_Possession.Cnfortunateh the request letter was no.clear an :he
amendment was inadven--ntl% processed for only S6-S.nnf!
Amendmem=3 corrected the error in the amendment=: c: iac"Jin_
the difference o'SSSC!000 that had been inadverten:h excluded-;G^a
separa.--matter.-he Coant%'s request --:ter noted that fe.-osvin_:he
S-- 19.'_-001 .4mzrdrrznt I S :gp.Opr_, , S 1.--5.000 Irecei of bids.the derroiitior,costs for[he Frontage Road mri;;es
P No 4 I P� Fc:`. .
were SS 1-.000 ra:her than the initial estimate of 5300 0f O inclgaec:n
it amendment==and de^ending upon contract expend::utes.a
I subseauent arrendmen:might be necessar% to cox er this mc.ea:e.i
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I, iamendment=5. cuested a.increase of S2_95.500:o c :.r tee
�7011Ow:ng aCtR fags S1._(t(.f1ilU:O:Oe.T.O!nlOn Of the acquired^arc_:, i
last or Railroad Ave..an addl[lonai 5250.00)8 for conc--mnanor -
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Amendment I activities 1 add:nor to th--S10C!OOG irclga d in A I e dne
apt 1' '002 ; S '_.'95.500 S d-G-Ci,500 �-
�Q.i ; - I - �_�8 l'A]II Yor t..^.--balance of me actua,d--mmltlon cesis on Fron-ce
Road.S188.000 for addnlona!Count-labor and ex.peme ';8- iO1U for
I: propem management actio ices related to Fran-.age detro:i ion.arj
IS12.000 for anticipated consonant expenses.
amendrrent=6 is to request an additional S-40.006 o boxer tce
i I following activities:S^-5.000:for additiocai bonder na:ion an-.e_a!
no: re%iogsl. u;;_.e
i Amendner:: iactivirzs anticipated to wver trial ex^enses p c, d fo:I
! Max ''-1.200= i S -4+!000.fili S 4.510.'00
\0.6 I ';amount assumes only one of three remaining pnpem acoa:sitier ta.i
i go to trial):S=0.000 for updated an raisal services and Sl=5.000_or
•additional County la^o:and txnenses to cox e-RO\l c szc:.t 1 :ies-
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i Prorosea )amendment=-i,to requea an a iaoral Sl q6.000for iul&ti-I
___ ! Count gra-and ex^--n es m co.z-RG\t closeout t-`Ite- 1 Iralr_ I
\fav F._OUt: i Amendment S l5o.000.00 � 5 4.960.506 - -
clearing:i:le report exception,and prepa.aton of the transfer pazkage
No. `
or Cal rans-
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