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TO: BOARD OF SUPERVISORS _- -- Contra
FROM: lt_iI.IA R. BUFREN, PUBLIC WORILS DIREC:TOIZ ' =' Costa
: .: :�:_
..............
DATE:E: ILIIV 8. 2008 -
_ ,� :t. County .
)`1 C()UT3'fY
SUBJECT:: A111c;11C{Ll ent to A(Yreement No. 86 to provide right of way, services to the Contra Costa
Transportation Authority, Pittsburg; area. (District V)
Project No. 4660-6X4258 Task No. ACQ Account No. 3540
S111.01:1C R1i0I_1I:s](s)uR RI-CONINIENDATION(S)cK-' BACKGROUND AND.IUS I IBCA VION
RECOMMENDED ACTION:
APPROVE and AU IIIORIZE the Chair, Board Of SLlpervisors, to.eseCLIte a contract amendment \with Contra
Costa Transportation Authority. effective .luly 8, 2008, to increase the payment limit by $55.000 to a new
payment limit of$602,000 for ri(-)ht of way services provided by Contra Costa County for the State Route 4 Last
project.
FISCAL IMPACT:
Contra Costa Transportation Authority will pay the actual costs for Real Property staff right o1.'\way services.
BACKGR0L!N1) AND REASONS FOR RECOMMENDATIONS:
Contra Costa Transportation Authority req ilires a Variety of rlght of way ',-rvices but has no right of way staff .
and has contracted .with the County for these services since August 1. 98.
CONT NUED ON ATTACHMENT; ❑x SIGNATURE:
RECOMMENDATION OP(OUN'I N AD.NIIN,ISI-RATOR REC:(.) IN U:�7'ION OF
APPRON E' OTHER
SIGNA I URF(S):
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,ALIS: NOI:S DATESHOWN.
ABSENT: ABSTAIN:
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SUBJECT: :Amendment to Agreement No. 86 to provide right of way services t0 the Contra Costa
Transportation Authority, Pittsbiiryo area: (District V) Project No. 4660-6X4258
DATE: July 8. 2008
PAGE: ? of 2
BACKGROUND AND REASONS FOR RECOMMENDATIONS: (coni)
This amendment expands'the total agreement value by 555.000 for a total a<o.reement value of `f;602,000 and
amends the scope to cover additional staff costs to finalize the project right of way close out activities. All
other terms and conditions of the original a<L)reenlent remain in effect.
CONSEQUENCES OF NEGATIVE ACTION:
Negative action will result in the delay of completing the project in a timely manner.
CONTRA COSTA
transportation
authority
CONTRA COSTA TRANSPORTATION AUTHORI'T'Y
EIGHTH AMENDMENT TO CCTA AGREEMENT NO. 86
WITH
CONTRA COSTA COUNTY
FOR
STATE.ROUTE 4 (EAST) PROJECT
RIGHT OF WAY SERVICES
May 21,2008
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,theparties 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 entered into Amendment#5 on July 18, 2001 to increase the maximum compensation, and
WHEREAS,the parties entered into Amendment#6 on March 24, 2004 to increase the maximum compensation;and
WHEREAS,the parties entered into Amendment#7 on May 21, 2007 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:
(I) 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 County Public Works Department dated April 21, 2008; and
(2) increase the Total Agreement Value by$55,000 for an overall Total Agreement Value of$602.000; and
(3).that all other items and conditions of the Agreement shall remain in effect.
In witness whereof, the parties hereto have executed this eighth Amendment to the Agreement as of the day and year
above written.
COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORI'T'Y
Chair Board of Supervisors David E. Hudson, Chair
J�„� o8 , a2oog
ATTEST: John Cullen ATTEST:
Clerk of the Board of Supervisors
and County Administrator
By:_ —
eputy Robe M tear , xerutive Direc or
Recommended to the County Board of Approved as to Form:
Supervisors for Approval: / Legal Counsel for CCTA
By: --- By: �.
rill cipa Real Property Agent Stanley S. Taylor
By: '
Public Works Di ector
Approved as to Form:
Silvan arc ies , III Counsel
By:
Dep
Historical Summary of Contract Amendments
CT 86,County of Contra Costa
o g:.,.:.. n I ontract
G ntract Amou t of `Tota Co t
:....:.:
u.
Date.. .: . .•. .:.;.;. .: �: ;,.:
�: _ Description.:.;:
W..•..:�. Amendment Amendment � Amonnt
p:
Approved selection of County of Contra Costa to conduct right
of way services,including appraisal, appraisal review,
Original negotiation,land rights document preparation,right of way
Aug 1,1998 $. - $ 182,000
Contract acquisition,relocation and/or supervision of independent
contractors providing such services for SR 4 Fast,Bailey to
Railroad project.
Amendment
Amended Article 3 of the agreement to reflect a range of hourly
Jun 16, 1999 No 1 $ - $ 182,000 rates and to make it clear that from time to time Authority staff
may request expert assistance from other County Departments.
Increased contract amount to cover demolition costs of acquired
Amendment structures not included in the original estimate and to complete
Jul 21, 1999 $ 90,000 $ 272,000
No. 2 the remaining right of way tasks assigned to the County of the
project.
Increased contract amount to cover staff and incidental costs to
complete the remaining right of way tasks assigned to the
Amendment
Apr 19,2000 $ 25,000 $ 297,000 County for the project. Services remaining include the
No. 3 completion of two condemnation actions,-project close out
activities,and transfer of right of way to State.
Increased'contract amount to cover miscellaneous costs .
Amendment associated with finalizing the condemnation process with two
Jun 21,2000 $ 50,000. $ 347,000
No. 4 remaining parcels and right of way closeout activities for the
project.
Jul 18,2001 Amendment $ 25,000 $. 372,000 Increased contract amount to cover additional costs to complete
No. 5 the right of way transfer to State.
Increased contract amount to cover additional staff and
miscellaneous appraisal costs associated with securing needed
Amendment right of way for the new soundwall and shoulder reconstruction
Mar 24,2004 No. 6 $ ]15,000. $ 487,000 work along the north side of State Route 4. In addition the
amendment covers staff costs to finalize the project right of way
close-out activities.
Increase contract amount to cover additional staff costs to
Mar 21,2007 $ 60,000 $ 547,000
Amendment finalize the project right of way close-out activities,including
.
No.7 removal of the title exceptions,the transfer of utility easements
and the sale of excess property.
Increase contract amount to cover additional staff costs to
finalize the project right of way close-out activities,including
Proposed title insurance,management and sale of excess land,additional
;flay 21, 2008 Amendment $. 55,000 $ 601000 title searches,removal of title exceptions, coordination with
No. 8 others on CCUAs and.IUAs,management of escrow services.
complete the land transfer to the State,and file archiving and
File transfer to Caltrans.
CCTA Administration & Projects Conrntittee May 1,2008
Subject Route 4 (e) Bailey Rd. to Railroad Ave.—Amendment #8 to Contract
No. 86 with Contra Costa County (Project 1403).
Summary of Issues Contra Costa County Real Property Division is under contract with the
Authority to provide right of way acquisition services for the Route 4(e)
Widening Project frorn Bailey Road to Railroad Avenue. A contract amendment
in the amount of$55,000 is needed to perform additional services and complete
the remaining right of way close-out activities for the project.
The amendment will cover the County's staff costs to finalize closeout activities
including the management and.disposal of excess property, additional title
searches, title insurance payments,title exception removals, coordination of
escrow services, file archive and file transfer to the State, and the land transfer
document to the State.
Recommendations Authorize the Chair to increase Contract No. 86 with Contra Costa County by
$55,000 for a new maximurn amount of$602,000.
Financial Sufficient funds are programmed in the 2005 Strategic Plan, as amended.
Implications
Options The Authority could elect not to approve this request; however, the remaining
right of way transfer activities would be delayed.
Attachments (See A. Amendment No. 8 to Contract-No. 86. .
APC Packet dated B. Letter from Contra Costa County dated April 21, 2008.
5/1/08) C. Historical Summary of Contract Amendments
Changes from None
Committee
Background
Agreement No. 86 provides for the necessary County staff resources to conduct right-of-way
acquisition and closeout efforts for the Route 4 (e) Bailey Road to Railroad Avenue Widening
Project. Services under the agreement are broad and include acquisitions, condemnations,
management and disposal of excess property, title report coordination, title exception removals, State
title insurance payments, coordination with consultants and agency staff on specific issues, and
coordination of the land transfer document to the State.
Several tasks remain to be completed prior to transferring the right-of-way to the State. These
include staff time to complete the title exception removals, obtaining title insurance, the transfer of
utility easements, the sale of excess property, coordination of the land transfer document, and
coordination of escrow services. The State requires that the properties to be transferred be clear of
any unacceptable encumbrances. The County staff, with the support of the project's survey
S:\04-A11C.Packets\2008\05-01-08\11 -Cf86 Amend 8 BL.doc 1 1-1
CCTA=Administration & Projects Committee May 1,2008
consultant, is reviewing and clearing approximately 89 title report exceptions associated with the 52
parcels acquired for the project. Depending on the complexity of each of the encumbrances,various
levels of research and negotiation are required for them to be cleared from the title report or found
acceptable to the State. In areas where utility easements are located, the County is assisting with the
extension of use agreements between the State and the various utility operators. The County is also
completing the sale of excess land at Paige Court.
The County provided more services than originally anticipated on the lengthy multiple property
exchanges for the east end of the project involving.the County's Rifle Range Road parcel and the
State's Lot 76 parcel. Properties were exchanged between the State,the County, and the City of
Pittsburg to accommodate the construction of a State sound wall along the south side of Route 4
adjacent to Frontage Road.
Upon completion of the project land transfer to the State,the County is responsible to transfer the
files for all parcel acquisitions and transactions to the State. The County will retain a copy of the
appropriate documents for their files.
The County estimates that$55,000 is needed to complete these right-of-way activities related to the
Route 4 (Bailey to Railroad) Widening Project and successfully transfer the right-of-way to the State.
S:\04-Ai'C Packets\2008\05-01-08\1 1 -C:T86 Amend 8 131..doc . 11-2
Contra Costa County
-° Julia R. Bueren. Director
_.Public Works Deputy Directors
R.Mitch Avalon.Brian M.Balbas
e p a r t m .e n
L Stephen Kowalewski•Patricia McNamee
April 24, 2008
Paul F. Maxwell, P. E.
Contra Costa Transportation Authority
3478 Buskirk Avenue, Suite 100 R/P— Bailey Road to Railroad.Avenue
Pleasant Hill, CA 94523 CCTA Contract No. 86; Amendment No. 8
Dear Mr. Maxwell:
A review of this contract shows Contra Costa County has several remaining tasks to complete the project
close-out. These tasks include completing the removal of title exceptions, meeting with Caltrans to get their
concurrence on the exceptions,'completing the transfer to the State by managing the escrow process, and
completing the sale of Paige Court, which was approved by the Board of Supervisors on April 8, 2008 to a
private party.
Funds and staff time that had been previously appropriated in the prior amendment for the close,out of the
project and ultimate transfer of right of way to the State have been impacted by 1.) The unanticipated long
and protracted negotiations with .the State and the City regarding the transfer and exchange of Lot 76 and
Range Road which are now:complete; 2.) The disposal of Paige Court, .including a lot line adjustment,
protracted negotiations with Habitat for Humanity and an unsuccessful public auction; and 3.) Significant work
to identify and clear half of the 89 encumbrances on the initial preliminary title report for the transfer parcel'
including identifying 28 utilities encumbrances which will be future Consent to Common Use and Joint Use
Agreements to be prepared, by consultants.
In order to complete the project, additional funds in the amount of $55,000 are needed for the following
items:
The estimated cost for title.insurance and•escrow, fence removal at Paige Court, and road title search on
Range Road are $18,000.
Coordinate and negotiate for the removal of additional title exceptions, meet with Nolte staff to confirm
the necessity of 28 plus Consent to Common Use and Joint Use Agreements with the utility companies
(beyond original scope), meet with Caltrans to get their concurrence on the title exceptions, manage the
escrow process, complete the land transfer to the State, copy the important documents in all the files for
County retention, transfer parcel files to the State and complete the sale of Paige Court are estimated to
cost $37,000.
S' Cerely,
/, ez
aren A. Laws
rincipal Real Property Agent
KAL:DB:sr
G:\RealProp\SR4 Bailey to RR\Maxwell Bailey to RR K amendmt 8.doc
—_— '4ccred1ted by the American Public Works Association" - - -' - - —
255 Glacier Drive Martinez,CA 94553-Q25'
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www.cccpublicworks.org