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HomeMy WebLinkAboutMINUTES - 07271993 - 1.2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 27, 1993 SUBJECT: Cooperative Agreement - State Route 4/Byron Highway. Project No. 4660-6x4179. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute Cooperative Agreement No. 4-1461-C between the County and State of California to provide for the installation of a traffic control signal and associated road work at the intersection of State Route 4 and Byron Highway. II. Financial Impact: There is no financial impact to the County General Fund. The Project costs are shared 2/3 by State and 1/3 by Discovery Bay Area of Benefit. III. Reasons for Recommendations and Background: State Route 4 is a conventional highway that runs west to east. The existing speed limit at this location, is 55 mph. Byron Highway is a two lane county road that forms a 'T' intersection with State Route 4. The intersection of State Route 4 with Byron Highway is an unsignalized intersection with left turn pocket for westbound traffic turning left onto Byron Highway. During peak hours, there is significant traffic congestion and delay on State Route 4 and Byron Highway, near the intersection. Traffic volumes on State Route 4 has increased until traffic on Byron Highway now suffers delay in entering State Route 4. The accident rate at this intersection is greater than the statewide average for a similar facility. ut thirty four percent (34%) of the twenty six (26) accidents reported for the three year peri d 988 to 1990 are left Continued on Attachment: X SIGNATURE: W _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUL 2 7 1993 APPROVED AS RECOMMENDED V OTHER I VOTE OF SUPERVISORS 1/ 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 HB:eh Board of Supe on Me data shown. c:B027.t7 ATTESTED: IAC 2 7 1993 PHIL BATCHELOR,Clerk of the Board Attachment of Supervisors and Co my Administrator Orig. Div: Public Works (Transportation Eng.) By ,oepw Contact: Heather Ballenger, Tel. 313-2258 cc: See Page 2 Cooperative Agreement - State Route 4/13yron Highway. July 27, 1993 Page 2 III. Reasons for Recommendations and Background: (Cont.) turn related. This project proposes signalizing the intersection and modifying the geometry of the roadway, thereby increasing intersection capacity and improving traffic flow through the intersection. This improvement will also provide a safer means of making left turns and refuge for left turning traffic. The project is planned to allow possible ultimate widening without further modifying major signal components. Due to the amount of accidents and congestion at this intersection this project has been high priority for both the State and the County. The State has reviewed and approved the plans prepared by the County. The project has been advertised and is expected to be awarded for construction by August 17, 1993. The cooperative agreement outlines the duties and obligations of the State and County for the project. Execution of the agreement must be complete prior to award of construction contract. IV. Consequences of Negative Action: The construction of the signal will be significantly delayed. cc: CAO Auditor/Controller Public Works Accounting Public Works Design Public Works Construction % Z 4-CC-4-44.4 , 4336-136301 Dist. Agmt. No. 4-1461-C Document No. CC-7- COOPERATIVE AGREEMENT This AGREEMENT, entered into on is be- tween the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred to herein as COUNTY. RECITALS (1) STATE and COUNTY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within COUNTY. (2) STATE and COUNTY contemplate installing traffic control signal and safety lighting and performing roadwork at the southerly Route 4 and Byron Highway intersection, near Brentwood, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, and maintained. SECTION I COUNTY AGREES: (1) To provide all necessary preliminary engineering, in- cluding plans and specifications utility identification and location, and all necessary construction engineering services for PROJECT and -1- Agreement No. 4-1461-C bear COUNTY's share of the expense thereof, as shown on Exhibit A, attached and made a part of this Agreement. (2) If a consultant is used to prepare plans and specifica- tions and administer a construction contract for PROJECT, to follow the Consultant Selection Procedures for Federally-funded Highway Projects specified in Volume I, Section II of STATE's current Local Programs Manual. (3) To identify and locate all high and low risk underground facilities within the PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way". COUNTY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Wav". (4) To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures. (5) PROJECT will be advertised, awarded, and administered in accordance with STATE's current Local Programs Manual, Volume. II. Ap- proval of PROJECT funding shall be assured prior to award of a con- struction contract. (6) To construct PROJECT in accordance with plans and spec- ifications of COUNTY to the satisfaction of and subject to the ap- proval of STATE. (7) To pay an amount equal to 337 of the actual signal- re- lated construction cost and COUNTY's share of roadwork construction cost, estimated to be $113,500. In no event shall COUNTY's obligation -2- Agreement No. 4-1461-C for construction costs under this Agreement, excluding costs referred to in Section III, Article (12), exceed the amount of $136,200. (8) Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the total engi- neering and construction costs to be borne by STATE, including resol- ution of any construction related claims which have been allowed to the construction contractor. COUNTY thereafter shall refund to STATE promptly after completion of COUNTY's audit any amount of STATE's de- posit required in Section II, Article (1) remaining after actual costs to be borne by STATE have been deducted, or to bill STATE for any ad- ditional amount required to complete STATE's financial obligation pur- suant to this Agreement, subject to the limitations of STATE's participation as stipulated in said Section II, Article (1). (9) Upon completion of PROJECT, to furnish STATE a complete set of full-sized film positive reproducible as-built plans. (10) To reimburse STATE for COUNTY's proportionate share of the cost of maintenance of traffic control signal(s) and safety light- ing, such share to be an amount equal to 33% of the total maintenance costs, including electrical energy costs. (11) To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to construction of PROJECT. (12) To contribute $1,000 for additional traffic signal equipment and Modulated Light Signal Detection System for PROJECT at no cost to STATE. The equipment shall consist of communication and interconnect hardware for traffic signal interconnect. -3- SECTION II STATE AGREES: (1) To deposit .with COUNTY within twenty-five (25) days of receipt of billing therefor which billing will be forwarded imme- diately following COUNTY's execution of this cooperative agreement, the amount of $293,000, which figure represents STATE's estimated share of the expense of preliminary engineering, construction engi- neering, and construction costs required to complete PROJECT, as shown on Exhibit A. STATE's total obligation for said anticipated PROJECT costs under this Agreement shall not exceed the amount of $352,000, excluding costs referred to in Section III, Article (12) of this Agreement. (2) STATE's share of the construction cost estimated to be $225,000, shall be an amount equal to 67% of the total actual con- struction cost for electrical work and STATE share of the roadwork in- cluding the cost of construction related claims, if any to the extent provided by this Agreement and the cost of COUNTY defense of any of those claims, as determined after completion of work and upon final accounting of costs. (3) STATE's share of the expense of preliminary engineering shall be an amount equal to 67i of County's actual costs for prelimi- nary engineering for the entire PROJECT. (4) STATE's share of the expense of construction engineering shall be an amount equal to 67% of COUNTY's actual costs for con- struction engineering for the entire PROJECT. -4- Agreement No. 4-1461-C Agreement No. 4-1461-C (5) To pay COUNTY upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete STATE's financial obligation pur- suant to this Agreement, provided that STATE's total obligation does not exceed the amount as stipulated in Article (1) of this Section II, exclusive of utilities referred to in Section III, Article (12) of this Agreement. (6) To maintain the entire traffic control signal and safety lighting as installed and pay an amount equal to 67% of the total maintenance costs, including electrical energy costs. (7) To issue, upon proper application by COUNTY and by COUNTY's contractor, the necessary encroachment permits without charg- ing any permit fees for required work within the State highway right of way (8) To prepare a "Project Report" justifying the need for PROJECT, to prepare all necessary environmental evaluation and clear- ance documents and to furnish copies of these documents to COUNTY in a timely manner. (9) To provide a State Project Coordinator to coordinate and promptly review the work of COUNTY and its consultants, if any, during the preparation of PS&E for PROJECT. -5- Agreement No. 4-1461-C SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agree- ment are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Com- mission. (2) Should COUNTY award a contract for PROJECT prior to the allocation of resources by the California Transportation Commission, there is no guarantee of STATE's participation and COUNTY shall assume all risks thereof. Neither party will use any federal funds for fi- nancing preliminary engineering, construction engineering or con- struction of PROJECT. (3) Construction by COUNTY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until COUNTY's original contract plans involving such work and plans for utility relocations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to COUNTY authorizing such work has been issued by STATE. Receipt by COUNTY of COUNTY's contract plans signed by STATE shall constitute STATE's acceptance and official approval of said plans. (4) COUNTY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and COUNTY's ap- plication shall be accompanied by nine (9) sets of reduced con- struction plans of aforesaid STATE approved contract plans. Receipt -6- Agreement No. 4-1461-C by COUNTY of the approved encroachment permit shall constitute COUNTY's authorization from STATE to proceed with work to be performed by COUNTY or COUNTY's representatives within proposed STATE right of way or which affects STATE facilities, pursuant to work covered by this Agreement. COUNTY's authorization to proceed with said work shall be contingent upon COUNTY's compliance with all provisions set forth in this Agreement and said encroachment permit. Agreement language will prevail over Permit language in interpretation or implementation of any liability and hold harmless issues. (5) COUNTY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE right of way or which affects STATE facilities. The application by COUNTY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. (6) COUNTY shall not award a contract to construct PROJECT until after an encroachment permit has been issued to COUNTY by STATE and until after receipt of STATE's deposit required in Section II, Ar- ticle (1) of this Agreement. (7) After opening of bids for construction of PROJECT, STATE's estimate of cost will be revised based on actual bid prices. STATE's required deposit under Section II, Article (1) of this Agree- ment will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000, no refund or demand for additional deposit will be made until final accounting. -7- I Agreement No. 4-1461-C (8) After opening bids for construction of PROJECT, and if bids indicate a cost overrun of no more than 20% of the estimate will occur, COUNTY may award the contract. (9) If, upon opening of bids, it is found that a cost over- run exceeding 20% of the estimate will occur, COUNTY and STATE shall endeavor to agree upon an alternative course of action. If, after thirty (30) days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pur- suant to Article (11) of this Section III. (10) Prior to award of the construction contract for PROJECT, STATE may terminate this Agreement by written notice, pro- vided that STATE pays COUNTY for all PROJECT-related costs incurred by COUNTY prior to termination and such cost is not to exceed expendi- tures of $51,000. (11) If termination of this Agreement is by mutual consent, STATE will bear 67% and COUNTY will bear 33% of all costs incurred prior to termination, with total costs not to exceed $51,000, (12) If any existing public and/or private utility facili- ties conflict with PROJECT construction or violate STATE's encroachment policy, COUNTY shall make all necessary arrangements with the owners of such facilities for their protection, relocation or re- moval in accordance with STATE policy and procedure for those facili- ties located within the limits of work providing for the improvement to the State highway and in accordance with COUNTY policy for those facilities located outside of the limits of work for the State high- way. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. COUNTY shall require any -8- Agreement No. 4-1461-C utility owner and/or its contractors performing relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. Any relocated or new facili- ties shall be correctly shown and identified on the As-Built plans re- ferred to in Section I, Article (9) of this Agreement. (13) Upon completion of all work under this Agreement, own- ership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in COUNTY. No further agree- ment will be necessary to transfer ownership as hereinabove stated. (14) The cost of any engineering or maintenance referred to herein in this Agreement shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting pro- cedures. (15) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not par- ties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care im- posed by law. (16) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any- thing done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also understood and agreed that, pursuant to Govern- -9- • Agreement No. 4-1461-C ment Code Section 895.4, COUNTY shall fully defend, indemnify and save harmless State, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in . connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. Once PROJECT work is accepted by STATE, COUNTY shall not be required to defend, indemnify or save harmless STATE, its officers or employees from claims, suits,actions or liabil- ity filed or asserted by third parties relating the use, operation or maintenance of PROJECT by STATE. (17) Neither COUNTY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also understood and agreed that, pursuant to Govern- ment Code Section 895.4, STATE shall fully defend, indemnify and save harmless COUNTY from all claims, suits or actions of every name, kind and description brought for or on account of injury for any liability imposed for injury (as defined by Government Code Section 810.8) oc- curring by reason of anything done or omitted to be done by STATE un- der or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. Once PROJECT work is accepted by STATE, STATE shall defend COUNTY, its officers and employees against all claims, suits, actions or liability filed or asserted by third parties relating to the use, operation or maintenance of PROJECT by STATE. -10- Agreement No. 4-1461-C (18) No alteration or variation of the terms of this Agree- ment shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. -11- Agreement No. 4-1461-C (19) That those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of PROJECT construction contract by COUNTY AND STATE, or on September 30, 1997, whichever is earlier in time, however, the ownership, main- tenance and operation clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA COUNTY OF CONTRA COSTA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation . By- Chairman Board of Supervisors By Deputy District Director Attest. 6 " �1�lebc APPROVED AS TO FORM AND PROCEDURE Oef"TY Clerk of the Board of Supervisors ATTORNEY Department of Transportation t CERTIFIED AS TO FUNDS AND PROCEDURE Ey '"'-Pu'y District Accounting Administrator -12- Agreement No. 4-1461-C 4-CC-4-44.4 4336-136301 Dist. Agmt. No. 4.-1461-C EXHIBIT A COST ESTIMATE BREAKDOWN STATE'S COUNTY'S Contract bid items Total Share Share Electrical/Road Work $281,500 $187,500 $94,000 COUNTY supplied signal communication and interconnect equipment and Modulated Light Signal Detection System 1,000 0 1,000 Construction Cost 282,500 187,500 95,000 Contingencies 20% 56,000 37,500 18,500 Total construction cost $338,500 $225,000 $113,500 Preliminary Engineering (15%) 51,000 34,000 17,000 Construction Engineering (15%) 51,000 34,000 17,000 Total Project cost $440,500 STATE's Share $293,00.0 COUNTY's Share $147,500 Use for agreement purpose $441,000 $293,000 $148,000 Note: In the above table, some of the values might have been rounded off to simplify the presentation. Wherever percentages are shown, they shall prevail over the dollar amounts derived therefrom. -13-