Administration and Projects Committee STAFF REPORT July 3, 2014 Page 2 of 3 Changes from Committee B. CT 208 Historical Summary of Contract s. C. Reso

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1 Administration and Projects Committee STAFF REPORT Meeting Date: July 3, 2014 Subject SR4 Widening Project, Somersville Road to SR160 (Project 1407/3001) Authorization to Execute No. 6 to Agreement No. 208 with Contra Costa County for Additional Right-of-Way Services and Revise Resolution P Summary of Issues The Authority entered in Agreement No. 208 with Contra Costa County Public Works Real Property Division in June 2006 to provide right-ofway acquisition services for the SR4 Widening Project Somersville Road to SR160 (Project). Prior amendments have been approved to cover significant expanded project scope to include acquisitions for the entire corridor project and demolition services. At this time, staff seeks another amendment to cover ongoing services for one remaining property in condemnation and out-of-scope demolition activities. Additionally, staff seeks authorization to revise Resolution P to reduce the appropriated amount under this resolution by $1 million for a new appropriated amount of $28 million. This resolution covers the total estimated cost of the Project right-of-way capital acquisitions. Recommendations Authorize the Chair to execute No. 6 to Agreement No. 208 with Contra Costa County to increase the compensation budget by $270,054 for a new total agreement value of $7,048,054. Additionally, adopt Revision 2 to Resolution P which reduces the total appropriated amount under the resolution from $29 million to $28 million. Financial Implications Adequate funds are programmed in the 2013 Measure J Strategic Plan to cover this request. Options Attachments The Authority could elect to not approve this request, however it would adversely affect the project right-of-way condemnation and project close-out schedule. A. No. 6 to Agreement No. 208 and Letter from Contra Costa County dated June 23,

2 Administration and Projects Committee STAFF REPORT July 3, 2014 Page 2 of 3 Changes from Committee B. CT 208 Historical Summary of Contract s. C. Resolution P, Revision 2. Background Agreement No. 208 In June 2006, the Authority entered into Agreement No. 208 with Contra Costa County Public Works, Real Property Division (County), to provide right-of-way acquisition services for the SR4 Widening Project Somersville Road to SR160 (Project). The Agreement has been amended previously, primarily to increase the scope of services to include acquisition of parcels along the entire Project corridor and demolition services. The Project affected more than 400 parcels and the County completed the right-of-way acquisition in time to meet the freeway construction schedule for all segments. At this time, all properties have settled with the exception of one which is continuing in condemnation. While the acquisition process is nearing completion, there are two activities that require additional and out-of-scope services by the County. The two activities are demolition services and condemnation services. The County needed to perform demolition services for an existing building (structure) on a portion of BART property to be acquired for the Project located within Segment 3 in the northeast quadrant of the SR4/Hillcrest Avenue interchange. These additional demolition services include a field meeting for scope assessment, contractor procurement services, demolition contract administration, demolition costs, and preparation of the legal notice of completion document. The extra costs involved with demolition services by the County is $52,140. Condemnation activities are continuing for one Project property, a condominium complex, located within Segment 1 in the northeast quadrant of the SR4/Somersville Road Interchange. This condemnation process may go to a full jury trial. The County has been expending an unanticipated amount of services and funds to resolve this one outstanding condemnation case. The additional services provided thus far include legal counsel services, expert witness testimonies, mediation services, and County staff administration services. The extra cost involved with this ongoing condemnation case to date is estimated to be $187,

3 Administration and Projects Committee STAFF REPORT July 3, 2014 Page 3 of 3 If this last condemnation case goes to a full jury trial, staff will be seeking authorization for additional funds for Agreement No. 208 with the County at a future date. In the meantime, staff is currently seeking a contingency amount of $30,000 to be used at its discretion for additional County services under Agreement No. 208 related to the one outstanding condemnation case upon prior written request by the County. Therefore, staff is currently seeking approval to amend Agreement No. 208 with the County in the total amount of $270,054. Resolution P Resolution P and Revision 1 were approved by the Authority in December 2007 and February 2009, respectively. This resolution covers the total estimated cost of the Project rightof-way capital acquisitions. Staff has determined that the total estimated cost of the Project right-of-way capital acquisitions can be reduced by $1 million from $29 million to $28 million. The vast majority of these costs have already been reimbursed by $10 million in State Transportation Improvement Program (STIP) funds and approximately $15 million in Regional Measure 2 (RM-2) bridge toll funds. The balance is being funded by Measure J funds. Summary of proposed actions Therefore, staff recommends authorization for the Chair to execute No. 6 to Agreement No. 208 with Contra Costa County to increase the compensation budget by $270,054 for a new Total Agreement Value of $7,048,054. The proposed new total agreement value includes a contingency amount of $30,000 to be used at the discretion of staff and upon prior written request by the County. Staff also recommends adoption of Revision 2 to Resolution P which reduces the total appropriated amount under the resolution from $29 million to $28 million. 12-3

4 AMENDMENT No. 6 Agreement No. 208 With Contra Costa County For State Route 4 Widening Project Somersville Road to SR 160 July 16, 2014 WHEREAS, the Contra Costa Transportation Authority and Contra Costa County entered into Agreement No. 208 on June 21, 2006; and WHEREAS, No. 1 to Agreement No. 208 was approved on November 28, 2007 to increase the compensation by $1,428,000 for a new Total Agreement Value of $2,853,000 to include the ultimate facility in Segment 3 of the project; and WHEREAS, No. 2 to Agreement No. 208 was approved on July 21, 2010 to increase the compensation by $1,392,900 for a new Total Agreement Value of $4,245,900 to include additional parcels and complex items; and WHEREAS, No. 3 to Agreement No. 208 was approved on March 16, 2011 to increase the compensation by $1,212,100 for a new Total Agreement Value of $5,458,000 to include additional parcels, condemnation services and demolition services; and WHEREAS, No. 4 to Agreement No. 208 was approved on January 18, 2012 to increase the compensation by $820,000 for a new Total Agreement Value of $6,278,000 to include additional right-of-way acquisition services for condemnation, appraisal and negotiations, property management and demolition services; and WHEREAS, No. 5 to Agreement No. 208 was approved on September 19, 2012 to increase the compensation by $500,000 for a new Total Agreement Value of $6,778,000 to include additional right-of-way acquisition services for condemnation and project close-out activities, and preparation of utility Joint Use Agreements (JUAs) and Consent to Common Use Agreements (CCUAs); and WHEREAS, the parties now wish to amend the scope of services to include additional right-ofway services for demolition and condemnation activities, and increase the compensation limit of Agreement No. 208; therefore be it 12-4

5 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 County Public Works Department dated June 23, 2014; and (2) That Article 4 of the Agreement is amended to increase the compensation limit by $270,054 for a new Total Agreement Value of $7,048,054 of which $30,000 is set aside for contingency funds to be used at the discretion of staff and with prior written request from the County; and (3) That all other items and conditions of the Agreement shall remain in effect. In witness whereof, the parties hereto have executed this to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Chair, Board of Supervisors Kevin Romick, Chair ATTEST: David Twa ATTEST: Clerk of the Board of Supervisors and County Administrator By: Deputy Randell H. Iwasaki, Executive Director Recommended to the County Board of Supervisors for Approval: Approved as to Form: By: Principal Real Property Agent Malathy Subramanian, Authority Counsel By: Public Works Director 12-5

6 Approved as to Form: Sharon L. Anderson, County Counsel By: Deputy 12-6

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9 Contra Costa County Historical Summary of Contract s CT 208 Date Contract Amount of Total Contract Amount Description Jun 21, 2006 Nov 28, 2007 Jul 21, 2010 Mar 16, 2011 Jan 18, 2012 Sep 19, 2012 Jul 16, 2014 Original Contract No. 1 No. 2 No. 3 No. 4 No. 5 Proposed No. 6 $ - $ 1,425,000 $ 1,428,000 $ 2,853,000 $ 1,392,900 $ 4,245,900 $ 1,212,100 $ 5,458,000 $ 820,000 $ 6,278,000 $ 500,000 $ 6,778,000 Original contract for right-of-way acquisition services for Segments 1 and 2 of the SR4 (e) Somersville to SR 160 Project. Services are estimated to cover negotiated settlements or obtaining RON and OP. Services during condemnation proceedings and project close-out services to support transferring the properties to Caltrans are not included. Modify scope of services to include right-of-way acquisition services for Segment 3 of the project. Modify scope of services to include additional right-of-way acquisition services for approximately 55 more parcels than originally budgeted for as well as complex items related to PG&E easements, gas station, condominium complex and residential relocations during an "upside down" real estate market. Modify scope of services to include additional right-of-way acquisition services for approximately 11 more parcels than originally budgeted for, on-going condemnation services and additional demolition and property management services. Modify scope of services to include additional right-of-way acquisition services for on-going condemnation effort, problematic escrow situations, property management and demolition work, and higher than estimated appraisal and negotiation costs. Modify scope of services to include on-going effort for remaining two parcels in condemnation and out-of-scope close out activities, and preparation of utility Joint Use Agreements & Consent to Common Use Agreements in preparation for final transfer of the properties to Caltrans once the freeway construction is complete. $ 270,054 $ 7,048,054 Modify scope of services to include additional efforts for demolition activities and one remaining condemnation. 12-9

10 RESOLUTION P, Revision 2 RE: Acquisition of Right-of-Way For the State Route 4 Widening Project Somersville Road to State Route 160 WHEREAS, the Authority sponsored the design of the State Route 4 Widening Project from Somersville Road to State Route 160 (Project 1407/3001), hereinafter Project ; and WHEREAS, the Authority executed Agreement No. 208 to obtain the services of the Real Property Division of the Public Works Department of the County of Contra Costa to acquire right-of-way, hereinafter County ; and WHEREAS, consistent with the Uniform Relocation and Assistance Act, the County is acquiring, needed right-of-way on behalf of the Authority; and WHEREAS, the California Transportation Commission (CTC) allocated $10 million in State Transportation Improvement Program (STIP) funds to the Project on September 5, 2007 for right-of-way acquisition; and WHEREAS, the Metropolitan Transportation Commission (MTC) allocated $15 million in Regional Measure -2 (RM-2) funds to the Project on December 17, 2008 for right-of-way acquisition and associated costs such as Relocation Assistance Program (RAP) and utility relocations; and WHEREAS, the entire Project right-of-way acquisition cost was originally estimated at $29 million; and WHEREAS, the parties now wish to reduce the entire Project right-of-way acquisition cost estimate by $1 million for a new Project right-of-way acquisition cost estimate of $28 million; NOW, THEREFORE BE IT RESOLVED, that the Contra Costa Transportation Authority hereby authorizes the Executive Director, for an amount not to exceed $28 million, (1) to transfer funds to reimburse the County after it has certified to the Authority that it has purchased needed right-of-way from a property owner, or (2) following a certification from the County that an offer has been accepted by a property owner, to issue a check in a property owner s name or to a specified Title Company, or 12-10

11 (3) to issue a check, to reimburse the County, when consistent with condemnation procedures established by the Contra Costa County Superior Court, funds must be placed in escrow with the Court. This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held on July 16, 2014 in Walnut Creek, California. Kevin Romick, Chair Attest: Danice J. Rosenbohm, Executive Secretary 12-11