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HomeMy WebLinkAboutMINUTES - 05012007 - C.7 1 SE__L TO: BOARD OF SUPERVISORS � -� Contra � FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C x milli a:- iz DATE: May 1, 2007 °o o�v, County SUBJECT: Seventh Amendment to Agreement 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 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE the Seventh 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. Increase the payment limit by$60,000 to a new payment limit of$547,000, effective May 1, 2007 and AUTHORIZE the Chair, Board of Supervisors, to execute the agreement on behalf of the County. FINANCIAL IMPACT: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. 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 State Route 4 East project. CONTINUED ON ATTACHMENT: El SIGNATURE: z �� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM ATION OF BOARD COAMITTEE APPROVE OTHER r SIGNATURE(S): ACTION OF BO D N 'YAte gl� /, APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT /Vo'�7G ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Lisa Dalziel(3-2223) LAD:Id I ' G:\RealProp\2007-Files\BOS&Res 07\BO CCTA Agrmt 86.doc ATTESTED JOHN CU ,CLERK OFF THE BOARD OF SUPERVISORS cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting I.Bergeron,Computer Services BY: DEPUTY SUBJECT: Seventh Amendment to Agreement No. 86 to Provide Right of Way Services to the Contra Costa Transportation Authority, Pittsburg area. (District V) Project No. 4660-6X4258 DATE: May 1, 2007 PAGE: 2 of 2 BACKGROUND AND REASONS FOR RECOMMENDATIONS (continued) This amendment expands the total agreement value by$60,000 for a total agreement value of$547,000 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 agreement remain in effect. CONSEQUENCES OF NEGATIVE ACTION: Negative action will result in the delay of completing the project in a timely manner. ` TO`: BOARD OF SUPERVISORS (01';Ilkopy 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 REQUEST(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 services. Continued on Attachment: SIGNATU _RECOMMENDATION OF COUNTY A IN STRATOR RECOMMENDATION OF BOARD CO TEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON kPPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS AUGUST 14 , 2001 x x UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and CPS:eh entered on the minutes of the Board of G:\GrpData\RealProp\2001-Files\BOs&RES\BO20 SR4 East CCTA Fifth Amen.doc 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 . U Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: ell By: Principal Real roperty nt Stanley S.Taylor By: 0 _ `•�" Public Works it for Approved as to Form: Si.lvano B. Marchesi, County Counsel By: Deputy Contra Public Works Department PublMauricecor sDi Public Works Director Costa 255 Glacier Drive R.Mitch Avalon Deputy Director County Martinez,CA 94553-4825 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. �04/�� d1Veryy yours. Laws Principal Real Property Agent RDB:eh G:\GrpData\RealProp\2001-Files\01-6\State Route4 projects 2.doc ORIGINAL. CONTRA COSTA TRANSPORTATION AUTHORITY FOURTH AMENDMENT TO CCTA AGREEMENT NO.86 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4(EAST) PROJECT RIGHT OF WAY SERVICES June 21,2000 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 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 May 24,2000; and (2) increase the Total Agreement Value by$50,000 for an overall Total Agreement Value of$347,000; and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this Fourth Amendment to the Agreement as of the day and year above written. COUNTY 0 CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Chair,Board of Supero rs Millie Greenberg,Chair ATTEST: Phil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: qnSttf Dep RobeMcCfear`yttive Dire tor Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: mcipal Real Property ent Stanley S. Taylor By: 'A— J c� or Public WDi for Approved as to Form: Victor J. Westman,County Counsel By: Deputy TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 25, 2000 SUBJECT: Fourth Amendment to Agreement to Provide Services to the Contra Costa Transportation Authority. Project No.: 4660-6X4258 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Fourth Amendment to Agreement No. 86 to provide right of way services for an additional $50,000 to the Contra Costa Transportation Authority, accepted by their Board on June 21, 2000, for the State Route 4 East/Bailey to Railroad Avenue project, and AUTHORIZE the Board Chair to sign the amendment 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: The 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. IV. Consequences of Negative Action: The Contra Costa Transportation Authority would not be able to contract for the County's right of way services. Continued on Attachment: SIGNATU RECOMMENDATION OF COUNTY APMINISTRATOR _RECOMMENDATION OF BOARD COZWITTEE _APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 25, 2000�pPROVED AS RECOMMENDED_ OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the KAL:csp:eh date shown. G:\GrpData\RealProp\2000-Files\BOs&RES\bo20Bailey to RR Fourth.doc Orig. Div: Public Works(R/P) ATTESTED: X.MY 25, 2000__ Contact: Karen A. Laws(313-2228) PHIL BATCHELOR,Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) By_ Deputy P.W.Accounting J. iNlichael Walford ul it rd Pubic Works Department Public Works Direct,, Costa COU�tt� 235 Glacier Drive � R. Aitch .lyahm Deputy - Fns;ineering Martinez,CA 9455' Telephone: (925')')13-2000 S. Clifford Han=en • . FAX: (925)313-2-3333 Deputy • ,� Imini.tr,,ti, i, Patricia R. NlcNarnet• May 24, 2000 Deputy - Operation, Maurice N1. Shiu Deputy - Tran.p irtatimm Michael S. Anzia OCTA Project Manager Nolte & Associates 2950 Buskirk Avenue, Suite #225 Walnut Creek, CA 94596 R/P — Route 4 East Project No.: 4990-6X4258 Dear Mike, As discussed, please prepare an amendment to our current contract 86 for an additional $50,000 to cover ongoing condemnation support and right-of-way close-out activities for the State Route 4 Widening/HOV Lane Project. If you have any questions, please call me at 313-2226. Very truly yours, R� Ronald D. Babst Senior Real Property Agent RDB:cs:eh G:1GrpOatalRealProp12000-Files\00.51Anzi2.doc ORIGINAL. CONTRA COSTA TRANSPORTATION AUTHORITY THIRD AMENDMENT TO OCTA AGREEMENT NO. 86 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (EAST) PROJECT RIGHT OF WAY SERVICES April 19,2000 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 42 on July 21, 1999 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 March 15,2000; and (2) increase the Total Agreement Value by$25,000 for an overall Total Agreement Value of$297,000; and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof, the parties hereto have executed this Third Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY . . .Chair,.Board of Supervisors Millie Greenberg, Chair .5T: Phil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: Deputy Robermmcae txecutive Dir for A Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: Principal Real Property Agent Stanley S. Taylor 4 Works Director Approved as to Form: Victor J. Westman, County Counsel - By: Deputy . � I TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 20, 1999 SUBJECT: Third and Fourth Amendments to Agreement 87, First Amendment to Agreement 86 and Second Amendment to Agreement 72 to Provide Services to the Contra Costa Transportation Authority Work Order Nos.: 4152, 4258 and 3089 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Third and Fourth Amendments to Agreement No. 87 to provide right of way services to the Contra Costa Transportation Authority for the State Route 4 (WEST) GAP Closure project. APPROVE First Amendment to Agreement No. 86 to provide right of way services to the Contra Costa Transportation Authority for the State Route 4 East/Bailey to Railroad Avenue project and APPROVE Second Amendment to Agreement No. 72 to provide right of way services to the Contra Costa Transportation Authority for the State Route 242 Widening project and AUTHORIZE the Board Chair to sign the agreements 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. IV. Consequences of Negative Action: The Contra Costa Transportation Authority would not be able to contract for the County's rig ay services. Continued on Attachment: SIGNATURE: k44 zg _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ONY 20, 1999 APPROVED AS RECOMMENDED OTHER JULVOTE OF SUPERVISORS X UNANIMOUS (ABSENT_ .. AYES: NOES: ABSENT: ABSTAIN: hereby certify that this is a true and correct DLD:csp copy of an action taken and entered on the G:\GrpData\RealProp\1999-files\99-7\bo207-20aGAP.doc minutes of the Board of Supervisors on the Orig. Div: Public Works (R/P) date shown. Contact: Donna L. Dawkins (313-2224) ATTESTED:_ JULY 20, 1999 cc: County Administrator PHIL BATCHELOR,Clerk of the Board of Auditor-Controller(via R/P) Supervisors and County Administrator P.W.Accounting By �"—J�-/ ,Deputy i ATTEST: Phil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: OVII/— Depuq/ N Robe .McCIfive Dir r Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: .S <<.✓ Principal Real Property Agent Stanley S.Taylor B Pub is Works D' r Approved as to Form: Victor J.Westman, County Counsel By: Deputy ORIGINAL - CONTRA COSTA TRANSPORTATION AUTHORITY FOURTH AMENDMENT TO CCTA AGREEMENT NO.87 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (WEST) GAP CLOSURE PROJECT RIGHT OF WAY SERVICES June 16, 1999 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#I 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 now wish to further amend the Agreement to modify the compensation rates; 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 May 27, 1999; (2) increase the Total Agreement Value by$273,000 for an overall Total Agreement Value of$728,000;and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this Fourth Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA C TA CONTRA COSTA TRANSPORTATION AUTHORITY Chair, Bo f Sfi rvisors Charles M:Abrams, Chair ATTES hil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: ✓— Lj D uty 4V Robe .Mcdea te.cutive Direc r J.Michael Walford Contra Public Works Department Public Works Director Costa 255 Glacier Drive R.Mitch Avalon County Martinez, Deputy-Engineering CA 94553-4897 Telephone: (925)313-2000 S.Clifford Hansen FAX: (925)313-2333 Deputy-Administration May 27, 1999 Patricia R.McNamee Deputy-Operations Paul F. Maxwell, P.E. Maurice M.Shiu Deputy Director, Projects Deputy-Transportation Contra Costa Transportation Authority 1340 Treat Blvd., Suite 150 Walnut Creek, CA 94596 R/P -State Route 4 Gap Closure Dear Mr. Maxwell: Dale Dennis has requested an additional revision to the estimate for the right-of-way services that the Contra Costa County Real Property Division is providing for the Authority. This estimate provides for additional monies to cover increased costs due to the complexity of the project, number of condemnations and expanded scope of services. I have also included an estimate for County Counsel (Sharon Anderson) and outside Counsel (Smith, Merrill and Peffer) services. Item Item Description Increase in Fees 1 Condemnation Activities—Seven parcels are currently proceeding through $160,000 the condemnation process. This process includes document preparation, negotiations, hearings, service of legal documents, pre-trial preparation, depositions, issue/settlementconferences, trial. Within the seven parcels there are multiple easement owners and lessee's that all require proceeding through a similar condemnation process as the fee title owners. If all of these parcels go to trial, the cost for staff time and attorney fees could be substantial. However, we believe negotiations will be successful on many of the properties. Therefore, at this time, we are not requesting a budget that supports full condemnation activities. We are recommending a budget increase of$45,000 for county staff time, and an initial budget of$100,000 for outside Counsel, $15,000 for County Counsel. 2 Staff Time — Coordination and support for the demolition of the Hallissey $68,000 improvements, leach field impacts, additional easements on Tosco, and title clearance. Additional Appraisal Work—A second appraisal may be required for six 3 parcels that continue through the condemnation process. A budget of$7,500 $45,000 per parcel is requested. Total $273,000 If you have any questions, please call me at(925) 313-2228. Very tr yours/, �-.- (tel• GG�IJS K en A. Laws upervising Real Property Agent tu\Ltn G:%GrpoataUReelProp\srCpaD\MAXWELLdoc TOO In lasmfl00 '00 E-+-E- smHom OI cna 000 £££Z £T£ SZ6 %d3 T£-LT QOM 66/L0/LO ORIGINAL CONTRA COSTA TRANSPORTATION AUTHORITY FIRST AMENDMENT TO CCTA AGREEMENT NO. 86 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4(EAST) PROJECT RIGHT OF WAY SERVICES June 16, 1999 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 now wish to further amend the Agreement to modify the compensation rates; now therefore be it MUTUALLY AGREED: (1) that Article 3 of the agreement is amended by inserting the following sentence at the end of the first paragraph: "Upon request by Authority staff, services provided by County may also include specialized assistance from other County Departments to expedite permit approvals, or provide other technical assistance that may be needed to complete the timely acquisition of needed right-of-way. Such services will be billed at the specific employee's salary rate plus appropriate overhead costs";and (2) that Appendix A is replaced with an updated version,dated May 26, 1999 depicting a range of rates that are effective October 1, 1998. The parties agree that the County will periodically transmit a revised Appendix to reflect contracted salary increases and overhead charges for County staff,and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof;the parties hereto have executed this First Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Chair, d ervisors Char es M. Abrams, Chair ATTEST: Phil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: Deputy Robe �McClea xecutive Direc r i - APPENDIX "A" Rates Effective October 1, 1998 Regular Time Overtime From To From To Principal Real Property Agent 100.44 151.82 99.88 153.97 Supervising Real Property Agent 88.62 137.70 87.62 138.44 Senior Real Property Agent 78.88 122.04 77.45 121.58 Associate Real Property Agent 70.92 107.04 69.12 105.89 Assistant Real Property Agent 60.44 86.90 58.17 84.84 Senior Real Property Technical Assistant 56.58 81.28 54.12 78.97 Real Property Technical Assistant 46.72 72.77 44.65 70.04 Engineering Services Various Engineering Classifications 38.93 165.88 36.15 168.61 County Counsel Rate/Hour County Counsel 155.00 Assistant County Counsel 140.00 Deputy County Counsel 115.00 Clerical Support Staff 45.00 Note: Rates will change periodically due to contracted salary increases and overhead changes. GAGrpData%RealP rop\1999-Files%99-41AG 17A.ccta.doc Revised May 26,1999 . � 1 1 t CCTA Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: Principal Real Property Agent Stanley S. Taylor Ely Pu c Works D' Approved as to Form: Victor J.Westman, County Counsel By: Deputy C V TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: August 17, 1999 SUBJECT: Amendment to Agreement to Provide Services to the Contra Costa Transportation Authority. Project No.: 4660-6X4258 Task No. ACQ Account No. 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Second Amendment to the Agreement to provide right of way services to the Contra Costa Transportation Authority for the State Route 4 East/Bailey to Railroad Avenue project and AUTHORIZE the Board Chair to sign the amendment on behalf of the County. II. Financial Impact: The Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. Continued on Attachment: X SIGNATURE: y _RECOMMENDATION OF COUNTY ADMINISTRA OR _RECOMMENDATION OF BOARD COMMITTEE APPRCVE OTHER SIGNATUP-E(S): ACTION OF BOARD ON AUGUST 17, 1999 APPROVED AS RECOMMENDED x OTHER_ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the NW:eh: date shown. G:\GrpData FtealProp\1999-Files\99-7\BOACCTAagreementamend.doc AUGUST 17, 1999 Odg.Div: Public Works(R/P) ATTESTED: Contaci: Nancy Wenninger(313-2227) PHIL BATCHELOR,Clerk of the Board of cc: County Administrator Supervisors and County Administrator P.W.Accounting By ,Deputy d f ORIGINAL CONTRA COSTA TRANSPORTATION AUTHORITY SECOND AMENDMENT TO CCTA AGREEMENT NO. 86 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (EAST) PROJECT RIGHT OF WAY SERVICES July 21, 1999 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#I on June 16, 1999 to reflect the change in salary rates charged by CONSULTANT;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 June 22, 1999; and (2) increase the Total Agreement Value by$90,000 for an overall Total Agreement Value of$272,000;and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this Second Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Gt..Qe.d a�t.d Chair,B7: Phil f pe sors Charles M. Abrams, Chair ATTES Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: QLpt,- 4 K M Depuv Robert McCI ecutive Direc or ORIGINAL. , Contract 86 AGREEMENT 1. Effective Date and Parties. Effective as of August 1, 1998, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter referred to as"County"), and the CONTRA COSTA TRANSPORTATION AUTHORITY, a public agency, (hereinafter referred to as"CCTA"), hereby mutually promise and agree as follows: 2. Purpose. CCTA is planning the State Route 4 East Widening project to be constructed from 1999 through 2001. CCTA has no right of way staff and desires to contract With the County for property appraisal, acquisition, relocation and condemnation services. 3. Services by County. The services to be rendered by County to CCTA include, but are not necessarily limited to right of way services, including appraisal, appraisal review, negotiation, land rights document preparation, right of way acquisition, relocation and/or supervision of independent contractors providing such services. The services to be rendered by County to CCTA also include legal services to be provided by County Counsel or its designated contractor(s) or expert(s), including but not limited to consultation, research, opinions, and advice and preparation of pleadings and documents, court appearances, supervision and such other services as are requested. County will initially take title to the parcels that are acquired. Subsequently, upon direction from CCTA staff, County will work diligently to cause the right of way needed for the state highway to be transferred expeditiously to the State. Any excess property will be disposed of at direction of CCTA staff in accordance with CCTA adopted policies. The County warrants that it will perform these services in compliance with accepted professional standards and procedures, and that it will, at its cost, re-perform any tasks that fail to meet generally accepted professional standards. 4. Payment for Acquisition Costs. CCTA shall pay all costs of acquisition and settlement, including but not limited to the following: CCTA shall reimburse County for all labor costs and appropriate overhead for County real property agents'and attorneys'labor including overtime rates for evening or weekend work(See Appendix W for pay rates). CCTA shall reimburse County for expert, consultant, contractor and other expenses (such as recording fees, title fees, court expenses, etc.) at the actual cost incurred. Total payments shall not exceed $182,000 unless authorized by CCTA in writing. CCTA agrees that it will fund, either by direct reimbursement to the County, or payment directly into escrow, the agreed-upon purchase price, relocation costs, and other related costs(such as title, condemnation, and consultant legal fees, demolition and clearance costs which may be a condition of sale. The procedures for payment of such costs is spelled out in CCTA Resolution 98-35-P. 5. Indemnification. CCTA agrees to defend, indemnify and save harmless County, its officers, and employees against any and all loss, damage, liability, expense, claims or demands of whatever character, direct or consequential, directly or indirectly contributed to or caused by County assuming and acting for and on behalf of CCTA. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a CCTA employee. e , ,f Contract 86 APPENDIX"A" Real Property Division Rep. OT Principal Real Property Agent 112.47 114.86 Supervising Real Property Agent 102.03 103.29 Senior Real Property Agent 90.60 90.65 Associate Real Property Agent 79.41 78.94 Assistant Real Property Agent 63.51 62.22 Senior Real Property Technical Assistant 60.36 58.88 Real Property Technical Assistant 54.01 52.23 County Counsel Billing Rate County Counsel $140.19 Assistant County Counsel $120.47 Deputy County Counsel $102.64 Clerical Support Staff $ 38.00 Note: Rates will change periodically due to contracted salary increases and increases in overhead charges. CONTRA COSTA TRANSPORTATION AUTHORITY D SIXTH AMENDMENT TO CCTA AGREEMENT NO. 86 C WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (EAST) 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. 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 entered into Amendment#5 on July 18, 2001 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 February 24, 2004; and (2) increase the Total Agreement Value by $115,000 for an overall Total Agreement Value of$487,000; and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof, the parties hereto have executed this Sixth Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Chair, Yoard of Supervisors Amy Wort , hair ATTEST: John Sweeten ATTEST: MAY 11, 2004 Clerk of the Board of Supervisors and County Administrator By: Deputy Robert cCleary, ecutive Dire or Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By:_ By: S (�--- Principal Real Property Ag Stanley S. Taylo Y: Public Works ire t r Approved as to Form: Wetor- County Counsel Sil�no 3, /Ula✓tG1e`3% By: �C Deputy I` -- )� �l Maurice M.Shiu Contra 1 Lcolic Works Leparfinen.t Public Works Director Costa 255 Glacier Drive R.Mitch Avalon _ount Martinez,CA 94553-4825 Deputy Director J Telephone: (925)313-2000 Julia R.Bueren FAX: (925)313-2333 Deputy Director Web site:www.co.contra-costa.ca.us/depart/pw Patricia R.McNamee February 24, 2004 Deputy Director Paul F. Maxwell, P. E. Contra Costa Transportation Authority 3478 Buskirk Avenue, Suite 100 Pleasant Hill, CA 94523 R/P — Bailey Road to Railroad Avenue—CCTA Contract No. 86,and Resolution 98-35-P Dear Mr. Maxwell: In order to complete the project, additional funds in the amount of$200,000 are needed for the following items: • The estimated costs for the PG&E soundwall acquisition/condemnation amount to $125,000. Of this sum $85,000 would be allocated to the purchase price under Resolution 98-35-P. The remaining $40,000 would be allocated to appraisal, acquisition, and condemnation under Contract No. 86. • The estimated costs to complete the Rifle Range Road exchange, sell the Paige Court property, closeout files, remove title exceptions, pay for the State's title insurance, and transfer right of way to the State, amount to $75,000 (Contract No. 86). Very truly yours � X13 aren A. Laws Principal Real Property Agent KAL:RB:eh G:\GrpData\RealProp\SR48ypass\2004\04-2\Maxwell Bailey to RR.doc o Historical Summary of Contract Amendments CT 86, County of Contra Costa 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 acquisition,relocation and/or supervision of independent Contract q � p contractors providing such services for SR 4 East,Bailey to Railroad project. Amended Article 3 of the agreement to reflect a range of hourly Jun 16; 1999 Amendment 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 Jul 21, 1999 Amendment $ 90,000 $ 272,000 structures not included in the original estimate and to complete 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 No. 3 $ 25,000 $ 297,000 County for the project. Services remaining include the 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 No.4 $ 50,000 $ 347,000 remaining parcels and right of way closeout activities for the project. Amendment 25,000 Increased contract amount to cover additional costs to complete Jul 18,2001 No. 5 $ $ 372,000 the right of way transfer to State. Increased contract amount to cover additional staff and miscellaneous appraisal costs associated with securing needed Proposed right of way for the new soundwall and shoulder reconstruction Mar 17, 2004 Amendment $ 115,000 $ 487,000 work along the north side of State Route 4. In addition the No. 6 amendment covers staff costs to finalize the project right of way close-out activities. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: May 11, 2004 SUBJECT: Sixth Amendment to Agreement No. 86 to Provide Right.of Way Services to the Contra Costa Transportation Authority, Pittsburg area. District V. District V. Project No. 4660-6X4258 Task No. ACQ Account No. 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L , Recommended Action: APPROVE the Sixth 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 to increase the payment limit by$115,000 to anew payment limit of$487,000,effective March 24,2004;and AUTHORIZE the Chair,Board of Supervisors, to sign the agreement on behalf of the County. H. Financiallmpact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right ofway 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 August 1, 1998 the Board approved the original agreement for the State Route 4 East project. This amendment expands the total agreement value by $115,000 for a total agreement value of$487,000. All other terms and conditions of the original agreement remain in effect. IV. Consequences of Negative Action: The Contra Costa Transportation Authori oul not be able to contract for the County's right of way services. Continued on Attachment:_ SIGNATURE: ,/RECOMMENDATION OF COUNTY AD RATOR RECOMME ATION OF BOARD CO TEE APPROVE OT SIGNATURE(S). ACTION OF BO ON MAY' 1, 2004APPROVED AS RECOMMENDED xx OTHER 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 86,6thAmend.doc minutes of the Board of Supervisors on the Orig.Div: Public Works(R/P) date shown. Contact: C.Sousa(313-2223) cc: County Administrator ATTESTED:_ MAY 11, 2004 Auditor-Controller(via R/P) JOHN SWEETEN,Clerk of the Board of Board Orders Clerk Specialist,Adm. Supervisors and County Administrator By ,���C'�-'' Deputy CONTRA COSTA TRANSPORTATION AUTHORITY SEVENTH AMENDMENT TO OCTA AGREEMENT NO. 86 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (EAST) PROJECT A RIGHT OF WAY SERVICES 1 ' A� March 21,2007 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 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 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 February 21, 2007; and (2) increase the Total Agreement Value by $60,000 for an overall Total Agreement Value of$547,000; and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof, the parties hereto have executed this Seventh Amendment to the Agreement as of the day and year above written. COlEisors CONTRA COSTA TRANSPORTATION AUTHORITY vCh6tit Abrams, Chair ATTEST: John Cullen ATTEST: Clerk of the Board of Supervisors and County Administrator By: D puty Rob K. McClea Executive irector Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: rincipal Real Property Agent Stanle S. Taylor By:Public Works Director Approved as to Form: Silvano B. Marchesi, County Counsel By. Deputy Cosmo 2-5 caller eve County NWdnez,CA 94553-4M Deputy rhmtpr Telsphone, (925)313-M ow l>Bw1MVM FAX: (M)313-2333 Deputy Dim-tor Vkb-%i 'Y#Ww.ca.cont a-casta.ea.uWe;mripw Fobrtmy 21,,2007 1Deputy Patdtia R.McN mee uI F. Mawelt P.E. pity l iar #,.antra Copta T0,naltMt9iCM A11*0 y 3 g'I v**k Ave.,Suite 100 Fart RM,CA 94523 SR4 Bail(W W RaihVad--CCTA�001xtrW W 96 Dew Mr.Maxwtdl: As tagmsted a review of'the remaiding Uwls nemsuy to terse ow thoabevc refemca project has been wnV1 . Aa.tom' lonW$60,0M is nooded.to C*nVkte tW fight,ofway closeout. Funft 8AA sta#f fi=that had.'been previouWY&ppr+llpriated in Am sent 6,for tete trus fer of right of way to the SUfthaive bea deo*hnPMtGd bY: 1) lkifle ROW R:d trawws rs wCity afPhuburrg and Caltrwns, 2) Mt-Diablo Habitats for Humanity pulling otrt ofthe sale of Paige Court ater nearly a year,3) prop tnma ateot issues on Paige Count wbiA i0olude i11e�pl dumping,Bing repair and coup,4).Calftm regmnnp,appndsals for Loot 76 and Rifle Range Asad- We have mccallyrectivod.an stpdated title report for tine xrmftr. Thaeire 66 acept%cans ickntifed fta the report and we MMMe 22 will require reseatch and tim for clearance. 'Me otter 44 will either be W=subject to or he incorporated into CCUA's and ,lUA's, 'O BDIJOWiUM sommim the tak that w to be,completa- l.. TTawfer-rilht Of way to the Swe of Califatza-- R01 P`tc!pertystaff' 1. Cle-`tifle C=Vtions b. can*de b wsffbr of right.,of way to the stats c. Profonna rqyort • d, TO-1 mance 1fi.meeting @Z.5 train eub Mgt Vit.public auction sale S 5,000 Meaw pnPare a wonth anmendrnent to Contr a 96 for tlse additional am of W,000. If you have any questions reg ding this matter,please cont im at(92$)313-22U. swipal y ymiw% A.lawns PUMI 1're mty Agent xa+�:aa G.-\UelPreAR ictt2Ql a4W 2st4Waxwetl Co"20 87 3".07.d& cc tndyftoar,Nolte 4 tiwdws Historical Summary of Contract Amendments CT 86, County of Contra Costa Contlract Amount ofd Total ContNi ract Date` y Description ... —.Amendment ,Amendment., Amonnt, 9. .. Approved selection of County of Contra Costa to conduct right of way services,including appraisal,appraisal review, Aug 1, 1998 Original $ $ 182,000 negotiation,land rights document preparation,right of way - Contract acquisition,relocation and/or supervision of independent contractors providing such services for SR 4 East,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 Jul 21, 1999 Amendment $ 90,000 $ 272,000 structures not included in the original estimate and to complete 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 Amendment complete the remaining right of way tasks assigned to the 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 Jun 21,2000 Amendment $ 50,000 $ 347,000 associated with finalizing the condemnation process with two No.4 remaining parcels and right of way closeout activities for the project. Amendment Increased contract amount to cover additional costs to complete Jul 18,2001 No. 5 $ 25,000 $ 372,000 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 $ 115,000 $ 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 Proposed finalize the project right of way close-out activities,inlcuding Mar 21, 2007 Amendment $ 60,000 $ 547,000 removal of the title exceptions, the transfer of utility easements No. 7 and the sale of excess property. CCTA Administration &Projects Committee March 1,2007 Subject Route 4 (e) Bailey Rd. to Railroad Ave.—Amendment#7 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 SR4 (e)Widening Project from Bailey Road to Railroad Avenue. A contract amendment in the amount of $60,000 is needed to complete the remaining right of way close-out activities for the project. The amendment will cover the County's staff costs to finalize the Route 4 (Bailey to Railroad)Project right-of-way closeout activities including the disposal of excess property,title exception removals, State title insurance payments, and the transfer document to the State. Recommendations Authorize the Chair to increase Contract No. 86 with Contra Costa County by $60,000 for a new maximum amount of$547,000. 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 A. Amendment No. 7 to Contract No. 86. B. Letter from Contra Costa County dated February 21, 2007. C. Historical Summary of Contract Amendments Changes from Committee Background Agreement No. 86 provides for the necessary County staff resources to conduct right-of-way acquisition and closeout efforts for the SR 4 (e)Bailey Road to Railroad Avenue widening project. Services under the agreement are broad and include the disposal of excess property, title reports,title exception removals, State title insurance payments, and the 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,the transfer of utility easements and the sale of excess property. The State requires that the properties to be transferred be clear of any encumbrances. The County staff,with the support of the project's survey consultant, is reviewing and clearing approximately 70 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 \\Cctasvr\common\04-APC Packets\2007\03-01-07\07-CT86 Amend 7 BL.doc 7-1 CCTA Administration & Projects Committee March 1,2007 agreements between the State and the various utility operators. The County is also using a public auction process to sell a residential property remaining from the project. The property is located on the south side of SR 4 in Paige Court in the City of Pittsburg. In 2005,the sale of the property was committed to a charitable organization; however, the organization's proposed funding for the acquisition was not approved. Therefore, the property will be sold at a public auction organized and conducted by the County. The County estimates that$60,000 is needed to complete these closeout activities related to the Route 4 (Bailey to Railroad)Project and successfully transfer the right of way to the State by the end of 2007. \\Cctasvr\common\04-APC Packets\2007\03-01-07\07-CT86 Amend 7 BL.doc 7-2