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Home My WebLink AboutMINUTES - 03182008 - C.1 (2) TO: BOARD OF SUPERVISORS �`_'E-5� L`� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR _-,;, „ ., :_: _.z Costa �k DATE: March 18, 2008 °� _ `A~ County ST'4 COUK� SUBJECT: Contract Amendment No. 3 with Contra Costa Transportation Authority,Antioch area. (District V) Project No.: 4660-6X4184 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair, Board of Supervisors, or designee, to execute Amendment No. 3 with Contra Costa Transportation Authority(CCTA)Agreement No. 181,effective September 18,2007,to increase the payment limit by$25,000,to a new payment limit of$65,000,to provide right of way services to CCTA for the State Route 4 East, Loveridge Road to Somersville Road Project, until terminated by either party. FISCAL IMPACT: There is no impact to the County General Fund. CCTA will pay the actual costs for Real Property staff right of way services. CONTINUED ON ATTACHMENT: SIGNATURE: '&r"" RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ION OF BOk1kD CtNAII'IrEE APPROVE OTHER SIGNATURE(S): 9f�- '�� ACTION OF BO ON �� O APPROVED AS RECOMMENDED 4K OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT l ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: KAL:LAD:sr ATTESTED O"�� Q / )Q G:\RealProp\Board Orders\2008\03-18-08 BO-CCTA 3rd Amnd BO.doc / ! (7 Orig.Div: Public Works(R/P) JOHN CULLEN,CLERK OF THE BOARD OF Contact: K.Laws(313-2223) SUPER S cc: County Administrator P.W.Accounting—Carol Raynolds BY: ,DEPUTY SUBJECT: Contract Amendment No. 3 with Contra Costa Transportation Authority, Antioch area. (District V) Project No.: 4660-6X4184 DATE: March 18, 2008 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: CCTA does not have right of way staff and is requiring a variety of right of way services and has contracted with the County for these services. An amendment is necessary to cover the County staff costs for additional services not covered in the previous contract amendments. Additional services include assistance to initiate Resolution of Necessity Hearings and other property service activities. CONSEQUENCES OF NEGATIVE ACTION: CCTA would not be able to contract for the County's right of way services. CONTRA COSTA TRANSPORTATION AUTHORITY THIRD AMENDMENT TO CCTA AGREEMENT NO. 181 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4(EAST) WIDENING PROJECT LOVERIDGE ROAD TO STATE ROUTE 160 RIGHT OF WAY SERVICES March 15,2006 WHEREAS,the Contra Costa Transportation Authority and Contra Costa County Real Property Division ("CONSULTANT") entered into Agreement No. 181 on December 15, 2004; and WHEREAS,the parties entered into Amendment#I to the Agreement on July 20,2005 to include preparation of up to nine Rights of Entry for hazardous materials investigation and increase the maximum compensation to $20,000; and WHEREAS,the parties entered into Amendment#2 to the Agreement on October 19, 2005 to include advanced right-of-way acquisition and increase the maximum compensation to $40,000; and WHEREAS,the parties now wish to amend the Agreement to increase the maximum compensation and to expand the scope of services; now therefore be it MUTUALLY AGREED: (1) that of the agreement is amended to open Task 3 to include work as specified in Cooperative Agreement No. 90.14.15 (attached);and (2) increase the Total Agreement Value by$25,000 for an overall Total Agreement Value of$65,000; 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. oLINTY OF CONTRA COSTA CONT COSTA TRANSP RTATION AUTHORITY Chair, Boaid of Supervisors Ddn4 P. Freitas,Chair ATTEST: John Cullen, Clerk of the Board of ATTEST: Supervisors and County Administrator By: uty Robert _Clea utive Director Recommended to the County Board of Approved as to Form: Supervisors for _ prov : Legal Counsel for CCTA Pf ipgMkal`Property Agent Stanle Taylor By: u lic W ks Dir Approved as to Form: Silvano Marchesi, County Counsel By:_ '� Deph6 Historical Summary of Contract Amendments CT 181, County of Contra Costa Contract Amount of Total Contract Date Amendment Amendment Amount Description Dec 15,2004 Original $ - $ 10,000 Contract as originally written covered early advanced right of Contract way acquisition services on a task order basis as issues arise. Amendment Provide assistance in obtaining rights of entry for hazardous Jul 20, 2005 No. 1 $ 10,000 $ 20,000 materials investigations on nine parcels. Amendment Advanced right of way acquisitionof parcel identified for Oct 19,2005 No 2 $ 20,000 $ 40,000 protection for future right of way needs(Task 2). Amendment Assistance by County Real Property Division to hold hearings Mar 15,2006 No. 3 $ 25,000 $ 65,000 and grant Resolution of Necessity(RON)through Board of Supervisors per Cooperative Agreement No. 90.14.15(Task 3). Proposed Jul 18,2007 Amendment $ 350,000 $ 415,000 Provide assistance for demolition and other property service activities(Task 4). No.4 CCTA —Administration & Projects Committee March 10,2006 Subject State Route 4 (e) Widening Project—Loveridge Road to Somersville Road (Project 1406). 1) Approval of Cooperative Agreement between CCTA, Contra Costa County and the Department of Transportation (Caltrans) for Assistance in Adopting "Resolutions of Necessity" for Right of Way Acquisition as Needed; and 2) Amendment No. 3 to Agreement No. 181 with Contra Costa County to support this Activity Summary of Issues In December of 2004, the Authority approved Agreement No. 181 with Contra Costa County to provide right of way assistance for the State Route 4 (e) Widening Project from Loveridge Road to Somersville Road. This agreement was set up on a task order basis with the first task to prepare rights of entry for geotechnical work and hazardous materials investigations. It was anticipated at the time that a future task would be for the County Real Property Division to assist with holding the required hearings and granting the actual Resolution of Necessity (RON)through the Contra Costa County Board of Supervisors. An agreement has now been reached by all parties on how that process would work and is documented in Attachment"A", Draft Cooperative Agreement No. 90.14.15. Recommendations 1. Approve the Draft Cooperative Agreement and authorize the Executive Director to include any changes that do not substantially change the intent of the agreement; and 2. Approve Amendment No. 3 to County Agreement No. 181 authorizing Task Order 2, for an amount not to exceed $25,000. This brings the total amount of the agreement to $65,000. Financial Implications Adequate funding to accommodate this amendment is included in the 2005 Strategic Plan for Project 1406. Options 1. The Authority could elect to modify the Cooperative Agreement 2. The Authority could elect not to approve this work. However right of way activities are the critical path element for the project, and using the Board of Supervisors to adopt RONs would greatly expedite the schedule. Attachments A. Draft Cooperative Agreement No. 90.14.15 B. Amendment No. 3 to County Agreement No. 181 C. Historical Summary of Agreement No. 181 Changes from Committee Background _ In June of 2004,the Authority approved having Caltrans staff perform the bulk of the right of way acquisition work for the State Route 4(e) Widening Project from Loveridge Road to Somersville Road. \\Cctasvr\common\04-APC Packets\2006\03-10-06\05.2-UCCCoopRON.doc 5.2-1 CCTA—Administration & Projects Committee March 10,2006 Caltrans had arranged for its staff to be available in the spring of 2005 when it was anticipated that the Environmental Document for the project would be approved and right of way acquisition could begin in earnest. In December of 2004, the Authority approved Agreement No. 181 with the County Real Property Division to assist with some early right of way work in advance of the Caltrans staff being available. The agreement was set up on a task order basis to define specific work items and their associated costs as different issues arose. It was anticipated that a future task would be for the County Real Property Division to assist with holding the hearings and granting the actual Resolution of Necessity (RON)through the Contra Costa County Board of Supervisors. An agreement has now been reached by all parties on how that process would work. Because the Authority does not have power of eminent domain, it must rely on either the State or the County to exercise such power on its behalf. Cooperative Agreement No. 90.14.15 sets forth how that power is to be exercised for the project. Using the Board of Supervisors to adopt the RONs in lieu of the California Transportation Commission(CTC)will greatly expedite the process, because the CTC procedures are more cumbersome and it does not schedule meetings frequently enough to respond to ongoing right-of-way issues—particularly for a project with a streamlined, fast-tracked schedule. \\Cctasvr\common\04-APC Packets\2006\03-10-06\05.2-CTCCCoopRON.doc 5.2-2