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Home My WebLink AboutMINUTES - 05112004 - C7 t TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR DATE: May 11, 2004 SUBJECT: Eighth Amendment to Agreement No. 87 to Provide Right of Way Services to the Contra Costa Transportation Authority, Hercules area. District 11. Project No. 4660-6X4152 Task No. ACQ Account No. 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Eighth Amendment to Agreement No. 87 to provide right of way services by the County to the Contra Costa Transportation Authority for the State Route 4 West Gap Project to increase the payment limit by$300,000 to a new payment limit of$2,923,000, effective March 24,2004; and AUTHORIZE the Chair, Board of Supervisors, 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. IIL 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 August 1, 1998 the Board approved the originalagreement for the State Route 4 West Gap project. This amendment expands the total agreement value by$300,000 for a total agreement value of$2,923,000. 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 o contract for the County's right of way services. Continued on Attachment: SIGNATURE: ,-RECOMMENDATION OF COUNTY AD NI BATOR _ RECOMMENDATION OF BOARD CO I rEE &, PPROVE _OTHE -2 SIGNATURE(S): ACTION OF BOARD ON MAY I 2004APPROVED AS RECOMMENDED XX OTHER s VOTE OF SUP ISORS XX UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct KAL.cs:eh copy of an action taken and entered on the G:\GrpData\RealProp\2004-Files\BOs&RES\BOSR4CCTA Agr 87,8thAmend.doc minutes of the Board of Supervisors on the Orig.Div: Public Works(R/P) date shown. Contact: C.Sousa(313-2223) ME1Y � � cc: County Administrator ATTESTED: Auditor-Controller(via RIP) JOHN SWEETEN,Clerk of the Board of Board Orders Clerk Specialist,Adm. Supervisors and County Administrator By i,�_ Deputy CONTRA COSTA TRANSPORTATION AUTHORITY 0111G11110 EIGHTH AMENDMENT TO OCTA AGREEMENT NO.87 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (WEST)GAP CLOSURE PROJECT RIGHT OF WAY SERVICES March 24, 2004 WHEREAS,the Contra Costa Transportation Authority and Contra Costa County Real Property Division (CONSULTANT)entered into Agreement No. 87 on August 1, 1998; and WHEREAS,the parties entered into Amendment#1 to the Agreement on January 20, 1999 to increase the maximum compensation to $250,000; and WHEREAS,the parties entered into Amendment#2 to the Agreement on May 19, 1999 to increase the maximum compensation to $455,000; and WHEREAS,the parties entered into Amendment#3 to the Agreement on June 16, 1999 to reflect a change in salary rates charged by CONSULTANT; and WHEREAS,the parties entered into Amendment#4 to the Agreement on June 16, 1999 to increase the maximum compensation to $728,000; and WHEREAS, the parties entered into Amendment#5 to the Agreement on June 21, 2000 to reflect additional right- of-way services which were not originally envisaged and increase the Total Agreement Value to $1,153,000; and WHEREAS, the parties entered into Amendment#6 to the Agreement on September 19, 2001 to increase maximum compensation to $1,653,000; and WHEREAS,the parties entered into Amendment#7 to the Agreement on June 19, 2002 to increase maximum compensation to $2,623,000; and WHEREAS,the parties now wish to further amend the Agreement;now therefore be it MUTUALLY AGREED: (1) that Paragraph 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 Feb 21, 2004; (2) increase the Total Agreement Value by $300,000 for an overall Total Agreement Value of$2,923,000; 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 AUTHORITY s�. Chair,Boird of Supervisors Amy Wo ,Chair MAY 11, 2004 ATTEST: John Sweeten ATTEST: Clerk of the Board of Supervisors and County Administrator By: Deq ty Rert McCleary, ecutive Direct ob Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for OCTA By: By. r Principal Real Property Agent- Stanley S. Taylor Y By: Public Works t r Approved as to Form: Silvano B. Marchesi, County Counsel By: {�i Deputy P fJ�r t k antra 1ubfic Works Department Maurice M.Shia Public Works Directorpasta 255 Glacier Drive R.Mitch Avalon County Martinez,CA 94553.4825 Deputy Director Telephone: (925)313-2000 Julia R.Bueren FAX: (925)313-2333 Deputy Director Web site:www.co.contra-costa.ca.us/depart/pw February 1 2004 Patricia R.McNamee Deputy Director Paul F. Maxwell, P.E. Contra Costa Transportation Authority 3478 Buskirk Ave., Suite 100 Pleasant hill, CA 94523 SR.4 West GAP--CCTA Contract No. 87 Dear Mr. Maxwell: As requested, I have reviewed the Existing Budget and Invoice Tracking Sheet provided by Nolte &Associates regarding the above-referenced project. In order to proceed on new assignments and complete the right ofway work through transfer to the State, an additional$300,000 should be appropriated. Currently, County labor and County Counsel charges are over budget. The County Counsel cost overrun is due to the expense of the Tosco litigation and ongoing issues with the Asbury Graphite septic system. The County labor charges can be attributed to the State's issues regarding access for EBR.PD, Asbury Graphite, Claeys Lane over-crossing, and the expansion of County duties for the design and construction of the Asbury Graphite septic system. The specific increases for various tasks •e outlined in the attached spreadsheet, as follows: • $150,000 - Legal counsel. This amount covers the existing $123,000 deficit, and the remaining work necessary to finalize the Asbury Graphite acquisition. This assumes that no litigation with Asbury is necessary. i $150,000 - County Labor. This amount covers the $19,670 deficit, and the remaining work as follows: Claeys Lane transfers, easement to Asbury Graphite for access/leach line, easement exchange for Asbury Graphite leach line, design, construction and contract oversight for the septic system, assignment of easements to utilities, title report and insurance, and transfer of right of way to State. Please prepare an eighth amendment to Contract 87 for the additional sum of$300,000. If you have any questions regarding this matter please contact me at(925) 313-222.8. T ly yours, _ �. Laws l Real Property Agent KAL:eh rv:1GrpData\RealProp\SR4GAP\Maxwell Contract 87 3.doc schment c: Trudy Presser,Nolte&Associates Historical Summary of Contract Amendments CT 87, County of Contra Costa f+,�x UWI ,. ,.k��a ��€x:�m yy,, r s'f `� �x�. .a� Contract as originally written covered right of way acquisition Original services to perform appraisals,negotiations with property Aug 1, 1998 $ - $ 138,000 owners, land rights document preparation,relocation and/or Contract supervision of independent contractors providing such services for project as originally envisioned. This amendment provided an increase of$35,000 for additional appraisal services caused by progression of original design and Amendment to cover additional parcels for ultimate project;$53,000 for Jan 20, 1999 No. I $ 112,000 $ 250,000 assessment of septic system impacts for two parcels and$24,000 for increased relocation assistance for the Danlos Kennels complex. This amendment provided an increase of$75,000 for Amendment administration of demolition contract for Hallissey residence; May 19, 1999 No 2 $ 205,000 $ 455,000 $100,000 for additional investigation of septic system for two impacted parcels and$30,000 additional appraisal effort for Tosco acquisition. Amendment modified original contract language to reflect a Amendment change in salary rates from a single hourly rate to a range of Jun 16, 1999 No. 3 $ $ 455,000 hourly rates,per employee,by classification,and to make it clear that Authority staff may request assistance from other County Departments. This amendment provided an increase of$160,000 for condemnation activities not previously budgeted for in contract; Amendment $68,000 for additional County staff time for various demolition, Jun 16, 1999 No.4 $ 273,000 $ 728,000 septic system impacts and right of way acquisition activities and $45,000 for additional appraisals to support condemnation processes. This amendment provided an increase of$310,000 for increased Amendment 425condemnation activities; $100,000 for additional appraisal work Jun 21,2000 No. 5 $ ,000 $ 1,153,Ofl0 for Hallissy parcel and$15,000 for file close-out and right of way transfer to the State activities. This amendment provided an increase of$500,000 for Amendment additional acquisition services for the Tosco condemnation Sep 19,2001 No. 6 $ 500,000 $ 1,653,000 process,Asbury Graphite septic system issues,transfer of surplus property to EBR.PD, file closures and transfer of right of way to State. Historical Summary of Contract Amendments CT 87, County of Contra Costa Amendment#7 is to request additional$970,000 to cover the following activities: $650,000 for completion of design and Amendment construction of Asbury Graphite replacement septic system; Jun 19,2002 $ 970,000 $ 2,623,000 $200,000 for additional legal counsel and expert witness charges No. for the Tosco trial and$120,000 for additional County staff time to transfer Hallisy parcel to EER.PD,complete agreement with Muir Heritage sand Trust and transfer right of way to State. Amendment#8 is to request an additional$300,000 to cover the Proposed following activities: 5150,000 for additional legal counsel for Mar 24, 2004 Amendment $ 300,000 $ 2,923 000 the remaining work to finalize the Asbury graphite acquisition and to cover Tosco litigation overruns and$150,000 for No. 8 additional County staff time to complete the transfer of right of way to State.