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TO: BOARD OF SUPERVISORS .; ; '' _ , Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR `'" `
Costa
DATE: June 6, 2006 ° County
O4�g;CUUIy'1't G
SUBJECT: Tenth Amendment to Agreement No. 87 to Provide Right of Way Services to the Contra Costa
Transportation Authority, Hercules area. (District II)
Project No. 4660-6X41.52 Task No. ACQ Account No. 3540
SPECIFIC REQUI ST(S)OR RECOMMENDATION(S)&BACKGiROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE the Tenth Amendment to Agreement No. 87 to provide right of way services by the County to the Contra
Costa Transportation Authority (CCTA) for the State Route 4 West Gap Project to increase the payment limit by
$97,500 to a new payment limit of$3,195,500, and to amend the scope of work to address the maintenance and
repairs items, effective April 19,2006;and AUTHORIZE the Chair,Board of Supervisors,to execute the agreement
on behalf of the County.
FISCAL IMPACT:
CCTA will pay the actual costs for Real Property staff right of way services.
7
CONTINUED ON ATTACHMENT: ❑x SIGNATU �6'Z4'—/
RECOMMENDATION OF COUNTY ADMINISTRATOR R OI11M NDATION 4rBOAAD COMMITTEE
J/ APPROVE, OTHER
SIGNATURE(S): -
ACTION OI'BOA N �Ltis-��j OG , Fi APPROVED AS RECOMMENDED OTHER
VOTE O--SUPERVISORS: I HFREBY CER"I IFY THATTHIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ��(/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DA'1'1'SHOWN.
ABSENT: ABSTAIN:
Contact: L.Owens 3-7229-Real Property Division
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G:\IZeall)rop`•2006-(tiles\BOs&Res 06\CC:TA Amnd 87 BO.dac ATTESTED ✓�W-7. -
/ C—
JOHN CULLEN,CLERK OF THE BOARD OI'
SUI)ERVISORS
cc: County Administrator
Auditor-Controller(via R/P)
PW Acct.
13Y: ,DEPUTY
SUBJECT: Tenth Amendment to Agreement No. 87 to .Provide Right of Way Services to the Contra Costa
Transportation Authority, Hercules area. (District 11)
DATE: June 6, 2006
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
CCTA 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 original agreement for the State Route 4 West Gap
project. This amendment expands the total agreement value by$97,500 for a total agreement value of$3,195,000
and an addition in the scope of services to include property management to coordinate repairs to improvements,
maintenance of right of way acquired for the project and assistance for survey work.
CONSEQUENCES OF NEGATIVE ACTION:
CCTA would not be able to contract for the County's right of way services.
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0
CONTRA COSTA TRANSPORTATION AUTHORITY '4144
TENTH AMENDMENT TO CCTA AGREEMENT NO. 87
WITH CONTRA COSTA COUNTY
FOR
STATE ROUTE 4 (WEST) GAP CLOSURE PROJECT
RIGHT OF WAY SERVICES
April 19, 2006
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 S250,000; 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 S728,000; 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 S1,153,000; 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 52,623,000; and
WHEREAS, the parties entered into Amendment#8 to the Agreement on March 17, 2003 to increase maximum
compensation to S-2,923.000; and
WHEREAS, the parties entered into Amendment#9 to the Agreement on March 16, 2005 to increase maximum
compensation to S3,098,000; and
WHEREAS, the parties now wish to further amend the Agreement; now therefore be it
Alt iTUALLY 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 March 27, 2006;
(2) increase the Total Agreement Value by S97,500 for an overall Total Agreement Value of$3,195,500; and
(3) that all other items and conditions of the Agreement shall remain in effect.
In witness whereof, the parties hereto have executed this Tenth Amendment to the Agreement as of the day and year
above written.
COUNTY OF CONTRA COSTA CONTRA COSTA TRA SPO ATION AUTHORITY
Chair., rc7 6TSupervisors on Id P. Freitas, air
ATTEST: John Cullen ATTEST:
Clerk of the Board of Supervisors
and County Administrator
By: z4q�!�
eputy VRobe K. McClea E ecutive Direct
Recommended to the County oard of Approved as o Form:
Supervisors fo Approval: Legal Counsel for CCTA
By: By:
rincipal Property Agent Stanley S. Taylor
Publ' Works Director
Approved as to Form:
Silvano B. Marchesi, County Counsel
By:
Deputy
Contra Public Works Department Maurice M.shit'
Pubtic Warks Director
Costa 255 Glacier Drive R.Mitch Avalon
Martinez,CA 94553-4825 Deputy Director
County Telephone: 925 313-2000
p ( )• Julia R.Bueren
FAX: (925)_313-2333 Deputy Director
Web site:www.co.contra-costa.ca.us/depart/pw
Patricia R.McNamee
March 27, 2006 Deputy Director
Paul F. Maxwell,P.E.
Contra Costa Transportation Authority
3478 Buskirk Ave., Suite 100
Pleasant Hill, CA 94523
SR4 West GAP—CCTA Contract No. 87
Dear Mr. Maxwell:
As requested, a review of the remaining.tasks necessary to close out the above referenced project
has been completed. An additional $77,500 is needed to complete the right of way closeout.
Also, a Property Management Fund of$20,000 is requested by Nolte Program Management staff
to address maintenance and repair items during the closeout period. An amendment to Contract
87 totaling $97,500.00 is requested.
Funds and staff time that had been previously appropriated in prior amendments for the transfer
of right of way to the State and for negotiations with Asbury Graphite have been impacted by the
ongoing Asbury Graphite Wastewater Treatment Facility construction, and unforeseen property
management issues that we were asked to. handle. Therefore, it is necessary to request funds in
order to complete these tasks.
The remaining items include:
1. Asbury Graphite's Wastewater Facility—
Design Division, contractors and consultants $25,000
a. Complete the Operations and Maintenance Manual
b. Complete remaining construction items
c. Turn over operation of the facility to Asbury Graphite.
2. Negotiations with Asbury Graphite—
Real Property and outside legal counsel $27,500
a. Continue negotiations with Asbury Graphite's legal counsel
b. Settle with Asbury Graphite*
*If it is necessary to condemn, an additional $75,000 will be needed
3. Transfer right of way to the State of California—
Real Property staff $25,000
a. Clear title exceptions
b. Transfer utility easements
c. Complete transfer of right of way to the State
d. Proforma report
e. Title insurance
Historical Summary of Contract Amendments
CT 87, County of Contra Costa
.. • ;: .. Contracts A"rriount of Total�Cbntract .;
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Amendment Amendment A r
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Amendment#7 is to request additional $970,000 to cover the
following activities: $650,000 for completion of design and
construction of Asbury Graphite replacement septic system;
Jun 19,2002 Amendment No 7 $ 970,000 $ 2,623,000 $200,000 for additional legal counsel and expert witness charges
for the Tosco trial and$120;000 for additional County staff time
to transfer Hallisy parcel to EBRPD,complete agreement with
Muir Heritage Land Trust and transfer right of way to State.
Amendment#8 is to request an additional$300,000 to cover the
following activities: $150,000 for additional legal counsel for
Amendment the remaining work to finalize the Asbury graphite acquisition
Mar 17,2004 300000 No.8 $ , $ 2,923,000 and to cover Tosco litigation overruns and$150,000 for
additional County staff time to complete the transfer of right of
way to State.
Amendment#9 is.to request an additional$175,00 to complete
Amendment construction management and consultant design activities for the
Mar 16,2005 No.9 $ 175,000 $ 3,098,000 Asbury Graphite wastewater system, for wastewater system
construction. legal fees and funds to complete the right of way
transfer to the State.
Amendment 410 is to request an additional$97,500 to complete
Proposed construction activities for the Asbury Graphite wastewater
Apr 16,2006 Amendment $ 97,500 $ 3,195,500 system, legal fees for the Asbury Graphite condemnation, funds
No.10 to complete the right of way transfer to the State.and a
contingency for property maintenance.
r CCTA Administration & Projects Committee April 6, 2006
Subject SR4 (w) Gap Closure Project—Amendment No. 10 to Contract No. 87
with Contra Costa County for Right-of-Way Acquisition Services
(Project 1501)
Summary Contra Costa County has been providing right-of-way acquisition and closeout
services for the SR4 (w) Gap Closure Project. All acquisitions have been
completed, with the exception of the Asbury Graphite condemnation. A contract
amendment is necessary to finalize the Asbury graphite acquisition.
Recommendations Authorize the Chair to execute Amendment No. 10 to Agreement No. 87, which
provides an additional $97,500, including a property maintenance contingency
of$20,000. The revised not-to exceed.amount of the agreement will be
$3,195,500.
Financial Adequate funding is programmed in the 2005 Strategic Plan.
Implications
Options The Authority could elect not to approve this request; however, retraining right
of way transfer activities would be delayed.
Attachments A. Amendment No. 10 to Agreement No. 87.
B. Letter from Contra Costa County, dated March 27, 2006.
C. Historical Summary of Contract Amendments.
Changes from .
Committee
Background
Agreement No. 87 provides for the necessary County staff resources(along with needed sub
consultants)to conduct right-of-way acquisition and closeout efforts for the SR 4(w) Gap Closure
Project. Services provided under this agreement have been very broad including title reports,
appraisals, negotiations with property owners, property demolition, relocation services,
condemnation proceedings(including retention of outside legal counsel), construction of a
wastewater system and leach field replacement, and final right of way transfer and documentation to
the State.
Several tasks remain to be completed prior to transferring the right of way transfer to the State.
These activities include legal staff support for the Asbury Graphite property condemnation, and
County staff tithe to complete transfer of utility easements and of the right of way to the State.
Asbury Graphite Wastewater System
Tile additional tasks associated with the Asbury Graphite Wastewater System include continuation of
construction management activities by the County's Design and Construction Division to complete
the turnover of the system. The design consultant for the wastewater system is continuing to inspect
and maintain the system following construction, pending transfer to Asbury Graphite. The consultant
also provides assistance to Asbury Graphite staff in the operation and maintenance of the system.
Completion of these activities is expected to cost approximately $25,000.
\\S11arri2\my documents\04-APC Packets\2006\04-06-06\09-CCCo amendl0 CT87 BL.doc 9-
CCTA Administration & Projects Committee April 6,2006
The Asbury Graphite condemnation proceedings involve outside legal counsel, County Counsel legal
staff and real property division staff time. With the completion of the wastewater system, these
proceedings have involved extended negotiation and discussion. The estimated cost of these
activities is approximately $271500.
Additional services may be required to support the condemnation if court proceedings are required.
In such an event, staff would return to the Authority with a specific amendment to this contract.
Right of Way Transfer
The final right of way transfer to the State requires the real property staff to coordinate with Caltrans,
the Title Company and survey staff and consultants to clear a variety of encumbrances on the
properties purchased by the County for the highway project. Title company fees are included in this
activity. The estimated cost of these activities is approximately $25,000.
These additional tasks will require $77,500 to complete.
This amendment also includes a contingency in the amount of$20,000 to address unforeseen
maintenance and repair costs associated with property ownership. For example, recent winter storms
washed out several hundred feet of fencing at the mitigation site. This fencing needed to be repaired
and replaced under the terms of the resource agency permits. The use of the contingency funds for
this type of use would require Authority staff approval.
Therefore, staff recommends an amendment to Contract No. 87 in the amount of$97,500.
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Historical Summary of Contract Amendments
CT 87, County of Contra Costa
Contracts Amount of Total Contract . • `' x'
Date :. ..,. ..,. .., Deseriptton r .• - :, . :
Amendtd'ent ,:Amendment Amount. _:,;. x.
Contract as originally written covered right of way acquisition
Original services to perform appraisals, negotiations with property
Aug 1, 1998 $ - $Contract 138,000 owners, land rights document preparation, relocation and/or
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 1 $ 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 condemnation activities; $100,000 for additional appraisal work
Jun 21,2000 No. 5 $ 425,000 $ 1,153,000 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 $ 11653,000 process,Asbury Graphite septic system issues,transfer of
surplus property to EBRPD,file closures and transfer of right of
way to State.
Paul F. Maxwell; P.E.
Contra Costa Transportation Authority
March 27, 2006
Page 2
4. Property Management— CCTA's approval required $20,000
County staff
a. Coordinate and hire outside contractors to perform
repairs to improvements, i.e., fence repair to conservation areas
b. Maintenance of right of way acquired for the project
c. Provide assistance for survey work
Please prepare a tenth amendment to Contract 87 for $97,500. If you have any questions
regarding this matter, please contact me at (925) 313-2228.
V frilly yours,
Karen A. Laws
Principal Real Property Agent
1CAL:l.l-o:cl,
:\Grpf)ata\Itcall'rop\ti R4 West GAI'\Maxwell Contract 87.doc
cc: 'Trudy Presser,.Noltc&Associates