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f.- Contra
TO: BOARD Ol_ SUPERVISORS
FROM: .1IJLIA R. BUER.E.,N, PUBLIC WORKS DIRECTOR
Costa
DA 1": April 22 2005
.�: County
SUBJECT: APPROVE contract an With Contra Costa Transportation Authority for State Route 4 West Gap
Project. Hercules arca. (District II) Project No. 4660-6X41 52
Task No. ACQ Account No. 540
SPI CIFICRI:( JFIST(S)ORIlON
RECOMMEINDED ACTION:
APPROVE and AUTHORIZE the Chair, Board of Supervisors. to esecutc the Twelfth Amendment to Agreement
No. 57 to provide ripht of way services to the Contra Costa Transportation Authority(OCTA) for the State Route 4
West Gap PI.OJeC;t toiDC1'e�ISe the payment limit by$63,000 to a new payment limit of$333 14.000, el Iective March
19. 2005.
FISCAL: IMPACT:
OCTA will hay the actual costs Ibr Real Property state right of way services.
CON'I'INUf-::U ON A-I-'I-ACI-IMENT: D SIGNATURE: -
Rt:COMMENUAIION OF C'Ot YJ Y ADMINISTRATOR It1:C'O. r I :f_rION OF BOARD CON1Ni11`1 EE'
APPROVE OTIIER
r
SIGX\TI.R1:( ):
ACI ION(.)I-13 )ON6APPROVED AS' RI{C0MMENDI{D 01 HER
V(irF()FS1.IPHZVIS\RS: IIILIZ l::131'C'I:Itllll' II1.\'I' IIIISIS \Tltlll:;\�I)C'OItRF:(T
COPY 01: AN ACTION 'I AKEN AND I:N'I I:RI-D ON
UN:AN MC S(A(3S1-7N l ) MINUIl=S OI TI IF BOARD OF SUPERVISORS ON I I IF
DATE SHOWN.
ARSI:.N I': ABSTAIN:
Contact: I.O%\cn 3-"29 Real ProperhDivision
1.1 0 1_AD:,sr
G:'•.RralProp\•.13uard 0alcis\:2008'.04-'?-08 130-CCI.A 417 \rand 87.doc AI STED O b
.I(:)I IN CLI .LI N.Ch-'RK OF TI If r3O:\RD 01
SUPI'.RVIS(:)RS
Cc Count\ AdMinis11-ilU •
AUClitor-CIontroller(via R%P)
Pw Acct.
F. Wilson.CC,FA 13Y: I)F1'll ll'
SUBJECT: APPROVE contract amendment with Contra Costa 1'ransportation Authority for State ROutc 4 West
Gap Project. I.le►'cules area. (.District II) Project No. 4660-6X4152
DAT.F": April 2-1. 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
C(-TA requires a variety ofriuht ofwav services but has no rig=ht of wa_y staffand has contracted with the County for
these services. On August 1, 1998, the Board approved the original agreement I'or the State Route 4 West Gap
project. This amendment expands the total agreement value by $63,500 .for a total agreement value of$3.3 14'.000
and an C1dCllll011 111 the SCO}Je 01 services t0 1nelUCle 1J1'Opel'ly mana�(yement to coordinate repairs to improvements.
n)aintenance of right of way.acquired 1:or the project and assistance for survey work.
CONSEQUENCES OF NEGATIVE ACTION:
C CTA would not be able to contract .1:or the County's.rivlht Of way services.
CONTRA COSTA TRANSPORTATION AUTHORITY
TWELFTH AMENDMENT TO CCTA AGREEMENT NO.87
WITH CONTRA COSTA COUNTY
FOR
STATE ROUTE 4(WEST)GAP CLOSURE PRO.IECT
RIGHT OF WAY SERVICES
March 19,2008
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 entered into Amendment#8 to the Agreement on March 17,2003 to increase maximum
compensation to$2,923,000; and
WHEREAS,the parties entered into Amendment#9 to the Agreement on March 16,2005 to increase maximum
compensation to$3,098,000; and
WHEREAS, the parties entered into Amendment#10 to the Agreement on April 6,2006 to increase maximum
compensation to$3,195,500, and
WHEREAS, the,parties entered into Amendment#11 to the Agreement on June 20, 2007 to increase maximum
compensation to$3,251,000, and
WHEREAS, the parties now wish to further amend the Agreement; now therefore be-it
MUTUALLY AGREED:
(1) increase the Total Agreement Value by $63,000 for an overall Total Agreement Value of$3,314,000; and
(2) that all other items and conditions of the Agreement shall remain in effect.
In witness whereof,the parties hereto have executed this twelfth Amendment to the Agreement as of the day and
year above written.
COUNTY OF CONTRA COSTA CONTRA CA TRANSPORTATION AUTHORITY
Chair, Board of Supervisors Davi E. Hudson, Chair
ATTEST: John Cullen ATTEST:
Clerk of the Board of Supervisors
and County Administrator
By:
eputy Robe . McClea y, x utive Director
Recomme ed to the County Board of Approved as to Form:
Supervis s for Approval: Legal Counsel for CCTA
y
Principal Real Property Agent Stanley S. Tay or
Y
Pu lic orks Directo
Approve as to Form:
Silvano B. Marchesi, County Counsel
B ��.
Deputy
CCTft Administration& Projects Committee March 3,2008
Subject SR4 (w) Crap Closure Project—Amendment No. 12 to Contract No. 87
with Contra Costa County for Right-of-Way 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 finish the Asbury graphite acquisition process and
complete the remaining right of way close-out activities for the project.
Additionally, fence repair and reconstruction is necessary at the Contra Costa
goldfields site prior to the transfer of the land management responsibilities to the
Muir Heritage Land Trust(MHLT).
Recommendations Authorize the Chair to execute Amendment No. 12 to Agreement No. 87,which
provides an additional $ 63,000 for additional Right of Way closeout activities
and fence repairs at the Muir Heritage Land Trust goldfields site. The revised
not-to exceed amount of the agreement will be$3,314,000.
Financial Adequate funding is programmed-in the 2005 Strategic Plan, as amended.
Implications
Options The Authority could elect not to approve this request; however, remaining right-
of-way closeout activities would be delayed.
Attachments A. Amendment No. 12 to Agreement No. 87.
B. Letter from Contra Costa County,dated February 26, 2008.
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 under this agreement are verybroad and include 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,temporary management of the Contra Costa goldfields site, and final right-of-
way transfer and documentation to the State.
Several tasks remain.to be completed prior to transferring the right-of-way to the State. These
activities include legal staff support for the Asbury Graphite property condemnation, and County staff
time to prepare the transfer package and complete the documentation to satisfy terms of utility
agreements.
Asbury Graphite Wastewater System
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.'These-activities have exceeded the
cost estimate approved by the Authority in past amendments. Additionally, some repairs are needed
on the wastewater system facilities before the final property transfer process can be completed. It is
anticipated that the property transfer will occur in May 2008. If the property transfer is delayed by an
additional month-or two,weed abatement will be necessary on the property. The estimated cost to
complete these activities,including potential weed abatement, is $11,000.
S:\04-APC Packets\2008\03-03-08\14-CCCo amend 12 CT87 BOARDLETTER.doe 14-1
CCTA Administration& Projer_ts Committee March 3,2008
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, survey staff,consultants, and utility companies to resolve a variety of
encumbrances on the properties purchased by the County for the highway project. The estimated cost
to complete these activities is$12,000.
Contra Costa Goldfields Site
County staff is working closely with the United States Fish and Wildlife Services(USFWS)on the
execution of a Conservation Easement Deed to preserve the endangered Contra Costa Goldfields site. .
The County is temporarily responsible for the land management of the Goldfields site until the
Conservation Easement Deed is fully executed with the USFWS. After the Conservation Easement
Deed is fully executed,the Muir Heritage Land Trust(MHLT)will be.responsible for the land
management of the Goldfields site and the property ownership will be transferred from the County to
the State.
Grazing of the thick grasses is an essential element to the preservation of the Contra Costa Goldfields.
The fence around the Goldfields site was not originally constructed properly and is now in disrepair.
The fence must be repaired and/or reconstructed for the cattle grazing to continue and to complete the
transfer of land management responsibilities to the MHLT. The estimated cost to repair/reconstruct
the fence and for County.staff coordination efforts.is $40,000.
Therefore, staff recommends an amendment to Contract No. 87 in the amount of$63,000 to complete
all necessary Right of Way activities associated with the SR 4(w)Gap Closure Project.
5:N.04-APC Packets\2008\03-03-08\14-•CCCo amend 12 CT87 BOARDLETTER.doc 14-2
Attachment B
PON! Contra Costa County Maurice M. Shiu. Director
Juba P.WOW,chief Deputy Director
Public Works
R.Mitch Avalon•Brien M.Bdbas
7MD e p. a r t m e n t stun Kowak"W•PaWa MdUrnee
February 26, 2008
Paul F. Maxwell, P.E.
Contra Costa Transportation Authority
3478 Buskirk Avenue, 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 $17,000 is needed to complete
the right of way closeout Also, an additional $46,000 Is needed for the. Property
Management Fund to address the maintenance of the Muir Heritage Land Trust
Goldfield and possible weed abatement costs for the Asbury Graphite site items during
the closeout period. An amendment to Contract 87 totaling $63,000.00 is hereby
requested.
Funds and staff time that had been previously appropriated in the prior amendment for
the transfer of right of.way to the State have been impacted by ongoing negotiations
with Asbury Graphite, and for the repairs to the future Asbury Graphite leach field. In
addition, negotiations with Yellow Freight for the conveyance of excess County right of
way have also required staff time. Staff has also spent time working with URS and
Nolte for the completion of maps and legal descriptions for the conveyance of an access
easement fnr East Bay Regional Park District's property. Staff has also provided URS
with recorded documents for the maps and legal descriptions for the assignment of
easement rights to Chevron:and East .Bay Municipal Utility District, Upon submittal of,
maps and legal descriptions from URS, the County Surveyor reviewed and prepared
comments as needed. During.this period of time County staff attended numerous
meetings to.go over all the outstanding.Issues related to this project. Therefore, it is
necessary to request funds in order to complete these tasks..
"ActirvdW by the Am fon Awk"bib Azodaft n"
255 Giader Drive Martinez,CA 945534825
TEU(925)313-2000•FAX:(925)313-2333
www.cccpublicworks.org
Paul F.Maxwell,P.E.
Contra Costa Transportation Authority
February 26,2008
Page 2
The remaining items include:
1. Continue Negotiations with Asbury Graphite— $ 5,000
Real Property and outside legal counsel
a. Work with Asbury Graphite regarding repairs to leach field
b. Board of Supervisors approval
C. Place into Escrow and record
2. Transfer right of way to the State of California
Real Property staff $12,000
a. Clear title exceptions —meet with CCTA, URS and Title Company
to address the exceptions listed on County's spreadsheet
b. Continue review of Hard Copy maps with CCTA and URS
c. County Surveyor to review maps and comments submitted by URS
d. Continue to meet with CCTA staff for coordination of transfer
e. If necessary, continue to assist URS for compilation of documents
for the transfer and for the easements to be assigned to various utility
companies
f. Convey access easement to EBRDP —before transfer takes place
g. Provide support, if necessary, for the processing of the JUA's
and CCUA's
h. Transfer utility easements—PG & E, Chevron & EBMUD
i. Complete transfer of right of way to the State
j. Continue to attend various coordination meetings with CCTA& Caltrans
Staff
3. Property Management—CCTA's approval required
Repair fence surrounding and within the Contra Costa goldfields preserve
County staff— Environmental & Maintenance Divisions $13,000
a) Determine extent of damage and best approach for repair
b) Hire contractor to repair/replace fence
c:) Inspect fence replacement/repairs
d) Liason with regulators, rancher, and future easement holders
Paul F. Maxwell,P.E.
Contra Costa Transportation Authority
February 26,2008
Page 3
Fence.repair/replacement contract—outside contractor $27,000
a) Remove existing deficient wire
b) Repair/replace deficient t-posts and braces
c) Install high tensile barbed wire
Weed Abatement—Asbury Graphite leach field
Maintenance Division $6,000
Property will be abated during the months of May.and June - If transfer occurs
before this time no abatement will be necessary
Please prepare a twelfth amendment to Contract 87 for $63,000. If you have any
questions regarding this matter, please contact me at(925) 31.3-2228.
very idly yours, ,-
Oren A. Laws
Principal Real Property Agent
KAL:LLO:
G:%Rea1Prop%SR4 West GARMaxwell Contract 87-08doc
cc: Trudy Presser,Nolte&Associates
Historical Summary of Contract Amendments
CT 87,County of Contra Costa
�. Contract. Am.onntaf .1''Potal;:Contract' �:�:: .
Date :: >. Desc'O trona
::.. Amendment x::Amendment v :Amounts .;: : ;.•;
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 to
Amendment 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
change in salary rates from a single hourly rate to a range of
Amendment
Jun 16, 1999 S. $ 455,000 hourly rates,per employee,by classification,and to make it clear
No.3 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;
Jun 16, 1999
Amendment $ 273,000 728,000 $68,000 for additional County staff time for various demolition,
$
No.4 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
Jun 21, 2000 Amendment 425,000 $ 1,153,000 condemnation activities;$100,000 for additional appraisal work
No. 5 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 additional
Sep 19, 2001 $ 500,000 ],653,000
Amendment acquisition services for the Tosco condemnation process,Asbury
.$.
No.6 Graphite septic system issues,transfer of surplus property to
EBRPD,file closures and transfer of right of way to State..
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.7 for the Tosco trial and$120,000 for additional County staff time
to transfer Hallisy parcel to EBRPD,complete agreement with
Muir Heritage Land Trust and transfer right of way to State.
Historical Summary of Contract Amendments
CT 87,County of Contra Costa
f onfract AMont i)f..'Total Contract= :.,. xk... r;R A
Date Via':.: ::...... I$ .: Dcscrition...... .. .;
Amendment°'Amendment Amount �; p .:::::.. ::
:.
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 l7,2004 No 8 $ 300,000 $ 2,923,(100 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 49 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#10 is to request an additional$97,500 to complete
Amendment construction activities I'or the Asbury Graphite wastewater
Apr 16,2006 No 10 $- 97,500 $ 3,195,500 system,legal fees for the Asbury Graphite condemnation,funds
to complete the right of way transfer to the State and a
contingency for property maintenance.
Amendment#11 is to request an additional$55,500 to complete
Amendment the Asbury Graphite condemnation,funds to complete the right-
Jun 2.0,2007 No.]I S 55.500 $ 3,251,000 of-way transfer to the State and a contingency for property
maintenance.
Proposed Amendment#12 is to request an additional$23,000 for
Mar 19,2008 Amendment $ 63,000 $ 3,314,000 additional right-of-way closeout and transfer services and
No.12 $40,000 for fence reconstruction and coordination at the Muir
Heritage Land'frust goldfields site.
i