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HomeMy WebLinkAboutMINUTES - 08052003 - C.12 CAI TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: August 5, 2003 SUBJECT: Joint Exercise of Powers Agreement with City of Brentwood, State Route 4 Bypass Authority, and East County Transportation Improvement Authority, Brentwood area. Project Number 0662-6R4097 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)c&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute a Joint Exercise of Powers Agreement with City of Brentwood, State Route 4 Bypass Authority, and East County Transportation Improvement Authority (ECTIA) for the Vasco Road/Camino Diable, Intersection Improvements Project effective July 24, 2003 until completion of project, Brentwood area. (80% East County Transportation Improvement Authority Funds, 10% Local Road Funds and 10%City of Brentwood) (District 111). APPROVE the plans and specifications for the Vasco Road/Camino Diablo Intersection Improvements Project Continued on Attachment: X_ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE ,-APPROVE OTHER SIGNATURE(S): ACTION OF BO ON AUGUST 5, 2003 APPROVED AS RECOMMENDED XX OTHER. 1 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 date shown. VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE AYES: NOES: ) ATTESTED: AUGUST 05, 2003 ABSENT: ABSTAIN: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator WL:je G:\GrpData\TransEng%2003%BO-TE\BO for Vasco Rd Cam no Diablo JEPA.doc Orig.Div:Public Works(TE) ' Contact: W.Lai(313-2408) By- , Deputy C. PW Accounting J.Bueren,Deputy PWD N.Wein,TE SUBJECT: Joint Exercise of Powers Agreement with City of Brentwood, State Route 4 Bypass Authority, and East County Transportation Improvement Authority. DATE: August 5, 2003 PACE: 2 H. Financial Impact: There will be no impact to the General Fund. The project cost is estimated to be $2,100,000 which will be split among the City of Brentwood ($200,00{0, the East County Transportation ($1,700,000) Improvement Authority, and the County($200,000). The County's cost sharing will be funded with Local Road Funds. Ill. Reasons for Recommendations and Background: The County, City of Brentwood, State Route 4 Bypass Authority, and ECTIA plan to improve the intersection of Vasco Road at Camino Diablo in unincorporated Contra Costa County. It is mutually agreed that financial cooperation between the four parties is required to bring the project to fruition. The improvements include, but are not limited to, widening Vasco Road to accommodate an additional through lane in each direction extending approximately 700 feet, minor pavement widening on Camino Diablo to accommodate the proposed protected left tum lanes, drainage improvements, right of way acquisition, modifying the existing traffic signal, signing, and striping. In order to relieve congestion and improve the intersection's efficiency, the project will provide additional northbound and southbound lanes on Vasco Road to address the current heavy through movement and an additional through/permitted right turn lane on eastbound Camino Diablo to address the heavy right-turn movements onto southbound Vasco Road from the intersection. The proposed improvements are designed to alleviate the existing traffic congestion as well as maintaining an intersection LOS (level of service) of C for 2025 build out conditions. The Board of Supervisors previously determined that the project is in compliance with the California Environmental Quality Act on July 8, 2003. IV. Consequences of Negative Action: Failure to approve the agreement will delay the project and increase the cost. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY, THE CITY OF BRENTWOOD, EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY, AND THE STATE ROUTE BYPASS AUTHORITY TO CONSTRUCT INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF VASCO ROAD AT CAMINO DIABLO (County Project No.:0662-6R4097) (City Project No.: 336-3105) This AGREEMENT is entered into on the day of , 2003, between the City of Brentwood, a municipal corporation of the State of California (hereinafter referred to as CITY), the East County Transportation Improvement Authority, a joint powers agency (hereinafter referred to as ECTIA), the State Route 4 Bypass Authority, a joint powers agency (hereinafter referred to as AUTHORITY), and the County of Contra Costa, a political subdivision of the State of California (hereinafter referred to as COUNTY), pursuant to Government Code Section 6500 and following. The parties to this AGREEMENT mutually agree and promise as follows: 1. Purpose and Scope of Work. COUNTY, CITY, ECTIA, and the AUTHORITY plan to improve the intersection of Vasco Road at Camino Diablo in unincorporated Contra Costa County. It is mutually agreed that financial cooperation between the COUNTY, CITY, ECTIA, and AUTHORITY is required to bring the project to fruition. The purpose of this AGREEMENT is to provide for the apportionment of duties and costs between COUNTY, CITY, ECTIA, and AUTHORITY for the intersection improvements. As used in this AGREEMENT, the term "PROJECT" shall refer to the planned improvements for the intersection of Vasco Road at Camino Diablo, which improvements are described in more detail lin EXHIBIT A attached to this AGREEMENT. The improvements include, but are not limited to, widening Vasco Road to accommodate an additional through lane extending approximately 700 feet, minor pavement widening on Camino Diablo to accommodate the proposed protected left tum lanes, drainage improvements, right of way acquisition, modifying the existing traffic signal, signing, and striping. The estimated total PROJECT cost including design, environmental clearance, utility coordination, construction contract, materials testing and construction inspection costs is $2,100,000. 2. Responsibilities of CITY, ECTIA AUTHORITY and COUNTY A. CITY shall be responsible for the following: (1) Pay COUNTY a lump sum contribution of $200,000 for costs of PROJECT. B. ECTIA shall be responsible for the following: (1) Agrees to reimburse the AUTHORITY for PROJECT construction and construction inspection costs of PROJECT in an amount not to exceed $1,700,000 C. AUTHORITY shall be responsible for the following: (1) Advertise and award the contract for PROJECT. (2) Perform, using either AUTHORITY staff or consultant, all construction engineering, construction related surveys, materials testing, contract administration, and all inspection of PROJECT (3) Consult with COUNTY's appointed representative and ECTIA Program Manager on any necessary changes or extra work prior to the issuance of any contract change orders for the PROJECT and prepare said change orders and provide a copy to the COUNTY and ECTIA within 5 working days of approval. (4) Prepare as built drawings, based on the AUTHORITY and COUNTY inspector's "mark—up„ drawings and deliver the final as built drawings to the COUNTY within 60 days of formal PROJECT acceptance. (5) Accept PROJECT in writing upon COUNTY approval and record notice of completion. (6) Within 124 days of PROJECT acceptance, prepare and submit to CITY, ECTIA, and the COUNTY a report of the actual costs incurred for PROJECT. D. COUNTY shall be responsible for the following: (1) Prepare environmental documentation in conformance with CEQA. (2) Coordinate utility protection and relocation. (3) Prepare design plans, specifications, and engineer's cost estimate for PROJECT. (4) Approve PROJECT design (plans and specifications). (5) Prior to advertisement of the contract to construct the PROJECT, obtain all land rights, including construction easements, necessary to construct the PROJECT. (6) Appoint a COUNTY representative with the authority to approve any necessary changes or extra work in consultation with the ECTIA Program Manager prior to the issuance of any contract change orders for the PROJECT. The COUNTY, in consultation with the ECTIA Program Manager, shall respond to all requests for proposed changes to the final plans within 1 working day, unless otherwise agreed to by all parties. The decision of the COUNTY with regard to said proposed changes shall be controlling, but the COUNTY's consent shall not be withheld unreasonably. (7) Assume ownership of PROJECT following PROJECT acceptance by AUTHORITY. (8) Contribute $200,000 towards the PROJECT cost. 3. Financial Responsibili#ry. A. CITY shall pay the COUNTY a lump sum contribution of$200,004 to cover the CITY'S contribution to PROJECT construction contract, design, environmental clearance, utility coordination, materials testing and construction inspection costs as identified in the Workplan attached hereto as EXHIBIT A, within fourteen (14) 2 days following the execution of this agreement. This contribution shall have an effective date of May 1, 2002 in order that all costs may be recouped. B. COUNTY shall contribute $200,000 towards PROJECT construction contract, design, environmental clearance, and utility coordination as identified in EXHIBIT A. This contribution shall have an effective date of May 1, 2002 so that all costs may be recouped. C. ECTIA shall pay the AUTHORITY an amount not to exceed $1,700,000 to cover ECTIA's contribution towards PROJECT construction, construction management, and construction inspection costs as identified in EXHIBIT A attached to this AGREEMENT. D. CITY and COUNTY costs sharing contribution of $200,000 each shall be exhausted prior to the use of ECTIA funds. E. AUTHORITY shall invoice ECTIA for PROJECT construction inspection costs within 30 days of incurring those costs in accordance with ECTIA's Funding Cost Guidelines and Reimbursement Procedure. Payment owed to the AUTHORITY shall be made by ECTIA no later than 45 calendar days after the actual billing by the AUTHORITY. F. If the construction bids exceed $1,300,000, or If, at any time during the PROJECT implementation, it appears that the PROJECT costs will exceed $2,140,000, all parties shall meet to discuss and identify additional funding sources. Before awarding a construction contract for the PROJECT, the AUTHORITY shall obtain approval from the COUNTY's representative in consultation with the ECTIA Program Manager. 4. Insurance and Hold Harmless. A. The contract documents for PROJECT shall include provisions requiring the successful bidder to: (1) Secure and maintain in full force and effect during construction of PROJECT, worker,s compensation and public liability and property damage insurance in forms and limits of liability satisfactory to CITY, ECTIA, AUTHORITY and COUNTY, naming CITY, ECTIA, AUTHORITY, and COUNTY, their governing bodies, officers, agents, and employees as additional insureds. (2) Promise to hold harmless and indemnify CITY, ECTIA, COUNTY, their governing bodies, officers, agents, and employees from liability to the same extent as promised to AUTHORITY. The aforementioned policy shall contain a provision that the insurance afforded thereby to the additional insureds shall be primary insurance to the 3 full limits of the policy and that, if any of the additional insureds has other insurance or self-insurance against a loss covered by such policy, such insurance or self-insurance shall be excess insurance only. Before beginning construction of PROJECT, the contractor shall submit to AUTHORITY and COUNTY a certificate of insurance evidencing the required coverage and requiring the carrier to give at least thirty (30) days written notice to AUTHORITY and COUNTY of any cancellation, non- renewal, or material modification of the policy. AUTHORITY shall be responsible for ensuring that this requirement has been met before allowing construction work to proceed. B. Neither COUNTY, nor any officer, agent, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY, AUTHORITY, or ECTIA or in connection with any work delegated to CITY, AUTHORITY, or ECTIA under this AGREEMENT, and CITY, AUTHORITY, and ECTIA shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers, agents, and employees from the same except liability that is the sole negligence or willful act of COUNTY. C. Neither CITY, nor any officer, agent, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY, AUTHORITY, or ECTIA or in connection with any work delegated to COUNTY, AUTHORITY, and ECTIA under this AGREEMENT, and COUNTY, AUTHORITY, or ECTIA shall defend, indemnify, save, and hold harmless CITY, its governing body, officers, agents, and employees from the same except liability that is the sole negligence or willful act of CITY. D. Neither AUTHORITY, nor any officer, agent, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY, CITY, or ECTIA or in connection with any work delegated to COUNTY, CITY, or ECTIA under this AGREEMENT, and COUNTY, CITY, and ECTIA shall defend, indemnify, save, and hold harmless AUTHORITY, its governing body, officers, agents, and employees from the same except liability that is the sole negligence or willful act of AUTHORITY. E. Neither ECTIA, nor any officer, agent, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY, AUTHORITY, or CITY or in connection with any work delegated to COUNTY, AUTHORITY, and CITY under this AGREEMENT, and COUNTY, AUTHORITY, or CITY shall defend, indemnify, save, and hold harmless ECTIA, its governing body, officers, agents, and employees from the same except liability that is the sole negligence or willful act of ECTIA. E. Nothing in this AGREEMENT is intended or shall be construed to effect the 4 legal liability of either party to third parties by imposing any standard of care greater than that imposed by law, 5. Acceptance. Upon completion of PROJECT, COUNTY and AUTHORITY shall conduct a final joint inspection. After COUNTY and AUTHORITY have determined that the work performed by the contractor has been completed to COUNTY'S and AUTHORITY's satisfaction, AUTHORITY shall accept PROJECT as complete and promptly shall record a notice of completion. COUNTY shall not unreasonably withhold or delay its determination of PROJECT completion. 6. Maintenance. After AUTHORITY formally accepts PROJECT, COUNTY shall own PROJECT and assume total responsibility for the PROJECT, 7. Accountability. As required by Government Code Section 6505, AUTHORITY shall provide a report providing strict accountability of all funds received and disbursed for PROJECT. 8. Acireement Modification. This AGREEMENT shall be subject to modification only with the written consent of the legislative bodies of all parties. No party shall unreasonably withheld its consent to modification for the implementation and accomplishment of the overall purpose for which this AGREEMENT is made. 9. Agreement Expiration. This Agreement shall remain in effect until the following are complete. (1) the AUTHORITY accepts the PROJECT as complete; (2) the report of final casts is delivered to all parties; (3) payment of all funds between CITY and COUNTY is completed; and (4) payment of all funds between ECTIA and AUTHORITY is completed. Notwithstanding expiration or termination of this Agreement, the obligations contained in Section 4(A) through (F) above shall survive expiration or termination of this AGREEMENT. 10. Entire Agreement. This AGREEMENT contains the entire understanding of the parties relating to the subject matter of this AGREEMENT. Any representation or promise of the parties relating to the work shall not be enforceable unless it is contained in this AGREEMENT or in a subsequent written modification of this AGREEMENT executed by the legislative bodies of both parties. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight 5 courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: Contra Costa County, Public Works Department Attn: Maurice Shiu, Director 255 Glacier Drive Martinez, CA 94553 City of Brentwood Attn: Bailey Grewal, City Engineer 708 Third Street Brentwood, CA 94513-1398 State Route 4 Bypass Authority Attn: Dale Dennis, Project Manager 255 Glacier Drive Martinez, CA 94553 East County Transportation Improvement Authority Attn: Dale Dennis, Program Manager 255 Glacier Drive Martinez, CA 94553 or to such other addresses as COUNTY, AUTHORIY, ECTIA and CITY may respectively designate by written notice to the other. WL:je G:\GrpData\TransEng\ProjecteiVasco Rd-Camino Diablo Intersection Improvements\4 Way JEPA final 7_28 03.doc July 7,2003 6 CONTRA COSTA COUNTY Mark DeSauInler, Chair Beard of Supervisors ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By RECOMMENDED FOR APPROVAL: Maurice M. Shiu Public Works Director >.. FORM APPROVED: Silvano B. Marchesi County Counsel , By j Deputy 7 CITY OF BRENTWOOD By Mayor ATTEST: Clark, City of Brentwood By RECOMMENDED FOR APPROVAL: CITY Engineer By FORM APPROVED: CITY Attorney By s NATE ROUTE 4 BYPASS AUTHORITY By Chairperson ATTEST: Secretary StateRoute 4 Bypass Authority By RECOMMENDED FOR APPROVAL: Project Manager By FORM APPROVED: Silvano B. Marchesi State Route 4 Bypass Authority Attorney p �" � ' Ji By-- De ut ', ,s Y EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY By Chairperson ATTEST: Secretary East County Transportation Improvement Authority By RECOMMENDED FOR APPROVAL: Program Manager By FORM APPROVED: Silvana B. Marchesi East County Transportation Improvement Authority Attorney B � Deputy 10 EXHIBIT A WORK PLAN AND BUDGET Project Name and General y Description: Vasco Road at Camino Diablo Intersection Improvements Eastern Contra Costa County is experiencing significant residential growth due the availability of land, location, and the need for affordable housing. Households in Brentwood and Antioch are projected to increase 89% and 36% respectively by the year 2025 (Source: ABAG, Projections 2093). Both residential and commercial development are expanding concurrently making East Contra Costa County a growth center for the next 25 years. Vasco road, Byron Hwy, and Camino Diablo are connector roads in Eastern Contra Costa County that provide links between East County residents to southern Alameda and San Joaquin Counties. Vasco Road is one of the primary routes commuters use within East Contra Costa County to travel to jobs located in Alameda and Santa Clara Counties. Vasco Road and Camino Diablo are highly traveled roadways that many East County residents also use to travel to and from the Livermore area. There are Leavy through movements on Vasco Road and heavy right turn and left turn movements from Camino Diable to southbound Vasco Road. The County and the City of Brentwood received numerous complaints requesting that improvements be done to the intersection to relieve congestion in the morning and evening peak hours. With the existing lane configuration, commuters report 3-mile backups on both southbound Vasco Road in the morning commute hours and northbound Vasco Road in the afternoon commute hours. The backup on eastbound Camino Diablo morning commute prevents the flow of the heavy right turn movements onto southbound Vasco Road.. The backup on westbound Camino Diablo morning commute prevents the flow of heavy left turn movements onto southbound Vasco Road. The backup on the northbound Vasco Road commute (PM peak hour) prevents the flow of the heavy right turn movement onto eastbound Camino Diablo. Contra Costa County Public Works staff observations of turning movements and traffic count data verify the need for intersection improvements. The proposed project will widen pavement on the Vasco Road and Camino Diablo intersection approaches for the additional turn lanes. A new traffic signal will be constructed in addition to roadway restriping in an effort to improve the efficiency of the existing intersection. Camino Diablo Camino Diablo NORTH _ Vasco :Rd Vasco Rd TT WBST EAST WEST BAST SC}tiTH SCSTJ'£Ii Pyictinn InnA.nnnfinirn inn Proposed lane confl duration. EXHIBIT A In order to relieve congestion and improve the intersection's efficiency, the project will provide additional northbound and southbound lanes on Vasco Read to address the current heavy through movement and an additional through/permitted right turn lane on eastbound Camino Diablo to address the heavy right-turn movements onto southbound Vasco Road from the intersection. There will also be restriping for a left turn lane on westbound Camino Diablo to address the heavy left-turn movement. The proposed improvements are designed to alleviate the existing traffic congestion as well as maintaining an intersection LOS of C (level of service)for 2025 build out conditions. 'Project Description: Contra Costa County Public Works has completed the preliminary engineering phase (PE)of the project. A project study report was prepared which included a preliminary design layout for the intersection as well as a LOS analysis for various intersection lane configurations. Upon securing additional funds, Contra Costa County will proceed with the Environmental (E), Design Engineering (DE), Right of Way & Acquisition (R/W), and Construction (CON) phases of the project. lFunding Request Proiect Phase Cost Proposed Funding Source PE (Preliminary Engineering) $100,000 County Costa County/City of Brentwood E (Environmental) $30,000 County Costa County/City of Brentwood DE (design Engineering) $170,000 County Costa County/City of Brentwood R/W (Right of Way/Acquisition) $100,000 County Costa County/City of Bentwood CON Construction) $1,700,000 ECTIA TotalCosts $2,100,000 The total ECTIA funding request is $1,700,000 to complete the Construction (CON) phase of the project. r of (E) Environmental' —$30,000 The environmental phase consists of evaluating and reviewing the impacts of the proposed project and processing the necessary California Environmental Quality Act (CEQA) documents. Due to the project's location in the East County, it is anticipated that a'habitat assessment is necessary for various Federally protected animal species. The presence of burrowing owls, tiger salamanders, fairy shrimp and vernal pools is known to be within the area surrounding the proposed intersection improvements. (DE) Design Engineering —$170,000 The design phase consists of preparing the plans and specifications for the proposed improvements. This phase also includes the necessary design level surveys, utility EXHIBIT A coordination, and the administration for advertising and awarding the project. The following is a description of the anticipated design engineering tasks. Design Tasks 1. Design Level Survey- $20,000 Survey the project site and establish existing right of way boundaries. Collect planimetric and topographic data and establish control lines along the project limits. 2. 35% Plans - $50,000 Preparation of plan sheets and draft initial plans and profiles for the intersection improvements 3. Traffic Signal Design - $12,000 4. 65% & 95% Plans— $70,000 Finalize construction drawings, engineer's estimate, and specifications for the intersection 5. Utility Coordination— $10,000 The proposed intersection improvements will like required coordination with the following utilities: US Sprint, SBC Pacific Sell, and PG&E. It is anticipated that 2 Unimin waterlines will require relocation prior to the construction of the intersection improvements. 6. Project Advertisement and Award - $8,000 (RNV) Right of Way Engineering &Acquisition - $100,000 Additional right of way is necessary to accommodate the proposed widening at the intersection of Vasco Road and Camino Diablo. A hill located east of the northbound Vasco Road intersection approach will require grading due to the proposed 12 ft of pavement widening. The purchasing of right of way along this hillside to accommodate the necessary grading and construction access is anticipated. Survey data collected during the Design Engineering phase will be used to determine the actual area to be acquired and the final legal description and plat maps. The County Real Property Division can be responsible for the acquisition of the property, which includes the appraisal of the property, negotiations with the property owner, and the final title reports. (CON) Construction -$1,700,000 The proposed improvements to the intersection of Vasco Road and Camino Diablo will consist of pavement widening along all the approaches to the intersection for the additional travel lanes. Both approaches to the intersection from Vasco Road will require approximately 17,352 ft' of new pavement combined. In additional to the construction of a new traffic signal, traffic striping will be replaced and minor drainage improvements will be installed (storm drain and edge drains). The following is a summary of the anticipated construction phase costs. Construction Items 1. Contract Cost -$1,545,000 EXHIBIT A 2. Construction Management- $155,000 i lProject Costs and Funding Summary: ---------------- Project Costs: Proiect Phase Cost PE (Preliminary Engineering) $100,000 *Completed by Contra Cost County E (Environmental) $30,000 DE (Design Engineering) $170,000 R/W (bight of Way) $100,000 CON (Construction) $1,700,000 Total Project Cost $2,100,000 Proposed Project Funding Sources: Centra Costa County $200,000 City of Brentwood $200,000 ECTIA request $1,700,000 Total Funds - $2,100,000 Schedule: The following is the anticipated project schedule: Complete Environmental .lune 2003 Complete bight of way July 2003 Complete Design Engineering August 2003 Advertise Project August 2003 Begin Construction Parch 2004 Complete Construction Summer 2004