HomeMy WebLinkAboutMINUTES - 07272004 - C.1-C.5 TO: BOARD OF SUPERVISORS
FROM: Maurice M. Shiu, Public Works Director
DATE: July 27, 2004
SUBJECT: AUTHORIZE the Public Warks Director, or Designee, to execute a Takeover Agreement
between Contra Costa County and ULICO Casualty Company for the State Route 4
Highway Planting project, Bay Point area, Project No.: 4660-6X4195, (District V)
Specific Request(s)or Recommendation(s)&Background&Justification
1. Recommended Action:
AUTHORIZE the Public Works Director, or designee, to execute a Takeover Agreement, effective
July 13, 2004, through to the completion of the project, between Contra Costa County and ULICO
Casualty Company for the State Route 4 Highway Planting project.
11. Fiscal Impact:
There will be no financial impact. ULICO Casualty Company, as surety,will guarantee completion
of the State Route 4 Highway Planting project.
Continued on attachment: X yes SIGNATURE:
2r RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE---,_OTHER
SIGNATURES : '; a
ACTION OF BOAR," : JULY 27, 2004 APPROVED AS RECOMMENDED xx OTHER_
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an
xx UNANIMOUS (ABSENT NONE)
AYES: NOES; action taken and entered on the minutes of the Board of
ABSENT: ABSTAIN: Supervisors on the date shown.
Contact: Mike Carlson,(825)313-2325 ATTESTED: JULY 272_ 2004
Orig.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: Auditor-Controller
E.Kuevor,CAO County Administrator
R.Bruno,Construction
ULICO Casualty Company
By v Deputy i
RM:tb
G:\GRPOATAIC ON SnBO120041TAK EOV ERAGREEMENT•UL ICOCASUALTY.DOC
SUBJECT: AUTHORIZE the Public Works Director, or Designee, to execute a Takeover Agreement between Contra
Costa County and ULICO Casualty Company for the State Route 4 Highway Planting Project.
DATE: July 27, 2004
PAGE 2 of 2
Ill. Reasons for Recommendations and Background:
The original contractor, Karleskint-Crum, Inc., on or about September 13, 2003,filed a petition with
the United States Bankruptcy Court seeking protection under Chapter 11 of Title 11 of the United
States Bankruptcy Code.
This takeover agreement will fulfill the remaining uncompleted portion of the State Route 4 Planting
project.
IV. Conseguences of Negative Action:
If the Takeover Agreement is not approved, the planting project will suffer further significant
plant loss.
w,W
TAKEOVER AGREEMENT
This Takeover Agreement ("Agreement") is made and entered into this 13th day
of July, 2004 ("Effective Date"), by and between the County of Contra Costa, a political
subdivision of the State of California ("Owner"), and Ulico Casualty Company, a
corporation duly organized and existing under the laws of the State of Delaware
("Ulico"). Owner and Ulico shall hereinafter be collectively referred to as "Parties.,,
RECITALS
A. On or about July 30, 1999, Karleskint-Crum, Inc. ("KCI") entered into a
written contract with Owner, effective August 4, 1999, whereby KCI agreed to perform
all work for a certain public work of improvement commonly referred to as "State Route
4 Highway Planting Project No. 4660-6X4195-99," located in Pittsburg, Contra Costa
County, California ("Project"). The contract, including without limitation the Instructions
for Bidders, plans and specifications, and general and special terms and conditions, and
all approved amendments and addenda to those documents, and as modified by
approved change orders, shall hereinafter be referred to as "Contract."
B. As required by the Contract, on or about July 26, 1999, Ulico, as surety,
issued a performance bond, numbered Bond No. B9901 69 40, in the penal sum of
$1,422,365.70 ("Performance Bond"), and a payment bond, numbered B9901 69 40, in
the penal sum of$1,422,365.70 ("Payment Bond"), each naming KCI as Principal and
Owner as obligee.
C. On or about September 3, 2003, KCI filed a petition in the United States
Bankruptcy Court, Central District of California, Northern Division, seeking protection
under Chapter 11 of Title 11 of the United States Bankruptcy Code.
D. On or about October 14, 2003, KCI and Ulico entered into a Stipulation to
Reject Executory Contracts. Pursuant to the Stipulation, KCI and Ulico agreed that the
above-referenced Contract was rejected and that Ulico was authorized to enter into an
agreement with Owner to complete the remaining construction work under the Contract.
E. On or about January 16, 2004, the Bankruptcy Court entered an order
approving the Stipulation to Reject Executory Contracts, and authorizing KCI and Ulico
to carry out the executory provisions thereof.
F. As of the date of this Agreement, work under the Contract remained
uncompleted. Neither Owner nor Ulico has ascertained the full extent of remaining work
required under the Contract. However, the parties agree that the remaining work will
generally include(1)completion of 83 days of plant establishment;(2)correction of any and
all defects in the work previously performed by KCI; (3)the replanting set forth in Exhibit
A attached hereto; and all other uncompleted work, pursuant to the terms and conditions
of the Contract.
Page 1 of 9
G. The original contract price of the Contract was $1,422,365.70. With
approved change orders of$170,949.99 (change order increases of$200,647.09, less
change order decreases of $29,697.10), the total contract price is $1,593,315.69. A
total of$1,493,617.83 has been paid to KCI, leaving a contract balance of$99,697.86
(hereinafter "Contract Balance").
H. Owner desires to effect the completion of the Contract in order to preserve
the work in place, and to expedite completion, and to avoid the delays and
inconvenience of reletting.
1. Ulico has agreed to complete, or procure the completion of, the Contract
as a measure of cooperation with Owner, provided it can be assured that in doing so, it
will receive payment as hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants cited herein, the
Parties hereto agree as follows:
COVENANTS
1. Performance by Surety
Pursuant to Ulico's obligations as surety under the Performance Bond, Ulico
agrees to complete the Contract, or procure the completion of the Contract, pursuant to
the terms and conditions of the Contract. Owner acknowledges that Ulico, by its
execution of this Agreement, is acting in its capacity as surety for KCI, and not as a
completing contractor. Ulico is not assuming any obligations or liabilities beyond those
set forth in the Performance Bond and this Agreement. As to the completion of the
Contract, except as otherwise provided in this Agreement or as required by any federal,
state or local law or regulation, Ulico is entitled to all rights, title and interest of KCI in
and to the Contract, as if Ulico were the original party to the Contract.
2. Contract for Completion
2.1 Ulico shall enter into a contract for completion of the Contract
("Completion Contract") with, and the work to be accomplished will be performed by,
Forster and Kroeger Landscape Maintenance, Inc., a corporation duly organized and
existing under the laws of the State of California ("Contractor"), who shall receive
payment from Ulico and whom Owner acknowledges is an acceptable contractor.
2.2. The Completion Contract shall provide that Contractor is substituted for
KCI under the Contract, that Contractor shall be bound by all of the terms and
conditions of the Contract, and that Contractor will provide all labor, materials, tools,
supplies, equipment, services and all other things necessary to perform and complete
the Contract (including, without limitation, completion of the plant establishment period,
replantings and correction of any and all defects in work previously performed by KCI).
Page 2 of 9
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All work by Contractor shall be subject to inspection and acceptance by Owner as
provided in the Contract.
2.3. Insofar as Owner has any right, title or interest therein, Owner agrees that
Ulico and Contractor shall have the right to use, without charge, any of the equipment,
materials and appurtenances furnished or supplied by KCI which may be stored on or
about the premises of the Project or materials which may have been fabricated for use
in connection with the Contract, whether or not presently upon the Project site, provided
that such equipment, materials and appurtenances are used only to complete the
Contract.
2.4. Ulico shall be represented at the Project by Contractor. Prior to the
commencement of work by Contractor, Ulico shall (1) authorize an individual employed
by Contractor to be Ulico's representative ("Authorized Individual") solely for the
purposes set forth in this paragraph, and (2) give Owner written notice of such
authorization. The Authorized Individual will represent Ulico in dealing with Owner on
day-to-day construction issues with respect to the Project. However, Ulico, and not the
Authorized Individual, shall have the right to accept or protest any change order
approved after the Effective Date, in accordance with provisions set forth in the
Contract.
3. Schedule for Completion of Work
Ulico, through Contractor, will coordinate and cooperate with Owner in
formulating a schedule for the completion of the remaining work under the Contract.
4. Payment by Owner
4.1. Owner shall pay to Ulico the Contract Balance, including earned and
unpaid contract funds, unearned contract funds and retainages, plus or minus any
additional amounts of money on account of any change orders approved after the
Effective Date, in accordance with Owner's payment obligations under the Contract and
Public Contract Code § 9203. To the extent Owner is required to withhold payment
because of Stop Notices filed pursuant to Civil Code Section 3186, Owner shall
promptly release payment to Ulico upon receipt by the Owner of appropriate signed
releases (Civil Code § 3262) or satisfactory release bonds (Civil Code § 3196).
4.2. Except as otherwise provided in this Agreement or in the Contract, or as
required by any federal, state or local law or regulation, Owner shall not (1) withhold any
of the Contract Balance from Ulico, because of any claims, liens, suits or demands by
any persons or entities furnishing or alleging to have furnished labor and/or materials to
the Project, or on account of any claims by third parties claiming obligations due it from
KCI, including but not limited to claims from banks, other lenders, the Internal Revenue
Service or other entities claiming obligations due it from KCI; or(2) set off any claim it
may have against Ulico or KCI against the Contract Balance, regardless of whether the
Contract Balance is composed of earned and unpaid contract funds, unearned contract
funds or retainages.
Page 3 of 9
4.3. Ulico, in its sole discretion, may spend its own funds as may be necessary
from time to time to pay for the performance of the Contract by the Contractor in the
event that the Contract Balance is insufficient, with any such payments being credited
against the penal sum of the Performance Bond.
4.4. Owner agrees that no liquidated damages will be withheld from the
Contract Balance on account of delays prior to the Effective Date of this Agreement;
however, Owner may withhold liquidated damages from the Contract Balance for delays
in performance that occur on or after the 84th working day following Contractor's
commencement of work under the Contract.
5. Change Orders
The Contract Balance shall be increased or decreased, as appropriate, as a
result of change orders to the Contract issued by Owner on or after the Effective Date.
The Contract Balance shall not be increased or decreased for any change orders issued
by Owner prior to the Effective Date.
6. Performance and Payment Bonds
6.1. The Payment Bond shall remain in full force and effect in accordance with
its terms and conditions. This Agreement shall not be construed to waive, limit, alter, or
amend any of Ulico's obligations, rights, defenses, or liabilities under the Payment
Bond. Ulico shall pay all valid Payment Bond claims in accordance with the terms and
conditions of the Payment Bond and applicable law. All Payment Bond payments
properly made by Ulico shall be credited against the penal sum of the Payment Bond.
Nothing in this Agreement shall be construed as a waiver of such penal sum or of any
increase in the liability of Ulico under the Payment Bond. Except as otherwise set forth
in the Payment Bond, the total liability of Ulico under the Payment Bond is limited to and
shall not exceed the penal sum of the Payment Bond.
6.2. Ulico shall remain liable to Owner under the Performance Bond until (1)
Owner's acceptance of the work under the Contract or (2) Ulico's expenditure of the
penal amount of, and payment of other sums that may be due under, the Performance
Bond, whichever comes first. This Agreement shall not be construed to waive, limit,
alter, or amend any of Ulico's obligations, rights, defenses, or liabilities under the
Performance Bond. All payments made by Ulico for work to complete the Project shall
serve to reduce the penal sum of the Performance Bond. Nothing in this Agreement
shall be construed as a waiver of such penal sum or of any increase in the liability of
Ulico under the Performance Bond. Except as otherwise set forth in the Performance
Bond, the total liability of Ulico under the Performance Bond is limited to and shall not
exceed the penal sum of the Performance Bond. Owner agrees that, except as
otherwise set forth in the Performance Bond, Ulico shall not be liable for sums,
amounts, claims, liquidated or unliquidated damages, compensations, actual or punitive
damages, penalties, assessments, fees, or fines, claimed or imposed for any reason by
any person, comptroller, entity, or federal, state, county or municipal governmental
agency or political subdivision thereof in excess of the penal sum of the Performance
Bond.
Page 4 of 9
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7. Indemnification by Ulico
Ulico shall defend, indemnify, save and hold harmless Owner and its officers and
employees from and against any cost, loss, expense or attorney's fees arising from any
claim, demand or suit brought by any subcontractor or provider of labor or materials to
the project, by KCI, by any alleged creditor of KCl, or by any other person or entity,
regarding or related to Owner's payment of the Contract Balance to Ulico pursuant to
this Agreement, including but not limited to the matter of Board of Trustees of the U.A.
Local No. 355 Health & Welfare Trust Fund, et al., v. Contra Costa County, et al.,
Contra Costa County Superior Court Case No. C04-00550.
8. Claims
This Agreement is made without prejudice to either Party's right's to prosecute
any claim or claims that arise in connection with the Project, and both Parties expressly
reserve the right to prosecute said claims. Owner acknowledges that Ulico expressly
reserves to itself all claims of any kind that KCI could have brought against Owner in
connection with the Project. Owner further acknowledges that Owner and/or Ulico
reserve any rights they may have under the Contract to resubmit claims(including, but
not limited to, change order proposals) that were rejected by Owner prior to the
Effective Date, any submission of which shall be in accordance with Contract
requirements.
9. No Third Party Beneficiaries
This Agreement is solely for the benefit of Owner and Ulico. This Agreement
does not create any rights or increase the rights of third-party beneficiaries, nor shall it
extend to or increase the rights of third-party claimants.
10. Effect of Agreement
This Agreement is binding upon and shall inure to the benefit of Owner and Ulico
and their respective departments, boards, officials, agents, attorneys, managers,
employees, representatives, officers, directors, partners, principals, divisions,
indemnitees, parent companies, subsidiaries, affiliates, associates, assigns, heirs,
predecessors and successors in interest, trustees, shareholders and any trustee in
bankruptcy or debtor in possession.
11. Construction and Interpretation
This Agreement shall be construed, enforced and administered in accordance
with the laws of the State of California. The drafting and negotiating of this Agreement
have been participated in by counsel for each of the Parties, and any rule of
construction to the effect that any ambiguity is to be resolved against the drafting party
shall not be applied to the interpretation of this Agreement.
Page 5 of 9
12. Representations
The Parties have entered into this Agreement based solely upon the
representations, covenants and warranties contained and referred to herein. No party
has placed any reliance on any representation not expressed or referred to in this
Agreement.
13. Amendment
This Agreement shall not be amended or modified except by a writing executed
by the Parties.
14. Severability
If any term, condition or provision of this Agreement is declared illegal or invalid
for any reason by a court of competent jurisdiction, the remaining terms, conditions and
provisions shall nevertheless remain in full force or effect.
15. Headings
The headings of the sections, paragraphs and subparagraphs of this Agreement
are included for convenience only and shall not be deemed to constitute part of this
Agreement or to affect its construction.
16. Execution in Counterparts
This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original and shall be binding on the Parties hereto. A photocopy of
an original copy of the Agreement shall be of the same binding effect as the original.
17. Notice
All notices under this Agreement shall be sent to:
OWNER:
with a copy to:
Mike Carlson Linda Wilcox, Esq.
Assistant Public Works Director Deputy County Counsel
Contra Costa County Public Works Dept. County of Contra Costa
Construction Division 651 Pine Street, 9th Floor
255 Glacier Drive Martinez, California 94553
Martinez, California 94553
Page 6 of 9
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...........................................................................................................................................................................................................................................................................................................................
with a copy to:
Nicholas D. Hyslop, Esq. Robert C. Nlesley, Esq.
Ulico Casualty Company/Safeco Watt, Tieder, Hoffar& Fitzgerald, LLP
Insurance Co. of America 2040 Main Street, Suite 300
Western Region Surety Claims Irvine, California 92614
P.O. Box 34670
Seattle, Washington 98124-1670
and and a copy to:
Kathleen Palmer Todd Bauer
Ullco Casualty Company/Safeco Guardian Group, Inc.
Insurance Co. of America 2350 West 2054h Street
120 Vantis, 3rd Floor Torrance, California 90501-1460
Aliso Viejo, California 92656
18. Voluntary Execution of Agreement
The Parties have freely and voluntarily executed this Agreement and are not
acting under coercion, duress, menace, economic compulsion, or because of any
supposed disparity of bargaining power; rather, each of the Parties is freely and
voluntarily signing this Agreement for its own benefit.
19. Signatures
By affixing his/her signature below, each of the persons signing this Agreement
represents that he/she has read and understands this Agreement, that he/she is
authorized to sign this Agreement, and that the Party on behalf of whom he/she signs
this Agreement agrees to be bound by its terms.
COUNTY OF CONTRA COST ULICO CASUALTY COMPANY
By: , 1;� ,, _ Y:
Mauric W,�hiu Name:
Public Works Director Title: SL��r Vis ;
Recommended:
By:
Name:
BY: Title:
Name:
Construction Division
Page 7 of 9
Approved as to Form: (NOTE:Two officers must sign on behalf of corporations. The
first signature must be that of the chairman of the board,
president,or vice-president;the second signature must be that of
SIIVanO M rchesi the secretary,assistant secretary,chief financial officer,or
assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)
County Cou S
C
Lind
iDep t�- u ounsel
H:1FM 1PW\TakeoverAg.6.25.04.wpd
Page 8 of 9
Estimated State Highway 4 Replanting inventory
(as of 3/2/04; subject to revision)
BOTANICAL NAME ABBREVIATION COMMON NAME GALLON SIZE
NO.5 NO.15
ARCTOSTAPHYLOS MANZANITA'DR.HURD' ARC HUR ARCTOSTAPHYLOS 5
ARCTOSTAPHYLOS MANZANITA'PACIFIC MIST' ARC PAC ARCTOSTAPHYLOS 24
CEANOTHUS THYRSIFOLIUS CEA THY BLUEBLOSSOM 22
COPROSMA PUMILA'VERDE VISTA' COP PUM COPROSMA 53
GARRYA ELLIPTICA GAR ELL COAST SILK TASSEL 40
PARTHENOCISSUS TRICUSPIDATA PAR RI BOSTON IVY 15
XYLOSMA CONGESTUM XYL CON SHINY XYLOSMA 11
AESCULUS CALIF'ORNICA AES CAL BUCKEYE 20
CERATONIA SILIQUA CER SIL CAROB TREE 3
GEIJERA PARVIFOLIA GEI PAR AUSTRALIAN WILLOW 4
LIQUIDAMBAR STYRACIFLUA'FESTIVAL' LIQ STY AMERICAN SWEETGUM 5
POPULUS NIGRA'ITAUCA' POP NIG LOMBARDY POPLAR 20
PRUNUS LYONII PRU LYO CATALINA CHERRY 34
QUERCUS AGRIFOLIA QUE AGR COAST LIVE OAK 33 43
QUERCUS LOBATA QUE LOB VALLEY OAK 27
ROBINIA AMBIGUA'PURPLE ROBE' ROB AMB LOCUST 12
SALIX LAS3OLEPIS SAL LAS ARROYO WILLOW 6
SAMBUCUS MEXICANA SAM MEX ELDERBERRY 4
SCHINUS MOLLS SCH MOL CALIFORNIA PEPPER 2
TREE
PISTACIA CHINESIS PIS CHI CHINESE PISTACHE 3
CERCIS OCCIDENTALIS CER OCC WESTERN REDBUD 32
TOTALS 235 183
EXHIBIT A
Page 9 of 9
TO: BOARD OF SUPERVISORS '
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: July 27, 2004
SUBJECT: State Route 4 East, Railroad Avenue to Loveridge Read, Pittsburg Area. District V
Project No. 4660-6X4287 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RannmmendL-d Action:
A. APPROVE the Relocation Assistance Claims listed below:
Clailman Claim Date Pav�w_P_ Amnitnt
Bill &Christina Rogers Moving Expense 5/10104 Credit Revolving Fund $236.25
Lois M. Bartley Moving Expense 5/21/04 Credit Revolving Fund $202.50
LaTonya Lea Moving Expense 6/04/04 Credit Revolving Fund $202.50
Guadalupe Martinez Moving Expense 6/04/04 Credit Revolving Fund $562.50
LaVerne Minor Moving Expense 6104/04 Credit Revolving Fund $202.50
Kriston Findley Moving Expense 5/27/04 Credit Revolving Fund $371.25
Margaret Carlson Moving Expense 6/07/04 Credit Revolving Fund $371.25
Don Sea Moving Expense 5/21/04 Credit Revolving Fund $562.50
Cyn-Dee Wusstig Moving Expense 5113/04 Credit Revolving Fund $202.50
Joanne Mingear Moving Expense 5/13/04 Credit Revolving Fund $202.50
Victor Nicassio Moving Expense 5/28/04 Credit Revolving Fund $337.50
Samuel Teague Moving Expense 6/07104 Credit Revolving Fund $202.50
Connie&Willis Baugher Moving Expense 4/09/04 Credit Revolving Fund $371.25
Paulean Muldrow Moving Expense 5/03/04 Credit Revolving Fund $371.25
Mark Irvine Moving Expense 5/10/04 Credit Revolving Fund $337.50
Continued on Attachment:_X__ SIGNATURE• `
y°RECOMMENDATION OF COUNTY ADM ISTR TOR
RECOMMENDATION OF BOARD COM ITTEF7
- APPROVE,, --,,—OTHER /
SIGNATURES . f: ' �:, s.• s:. ..,w
ACTION OF BOP( D ON JULY 27 2004 APPROVED AS RECOMMENDED XX OTHER
' r
VOTE OF SUPiRVISORS
xx UNANIMOUS(ABSENT NONE )
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 Board of Supervisors on the
CS:eh date shown.
G:\GrpData\ReaiProp\2004-Fibs\BOS&RES\BOSecPub5.doc
Div: Public Works(R/P) ATTESTED JULY 27, 2004
Contact: C.Sousa(313-2223) JOHN SWEETEN, Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via WP)
P.W.Accounting $Y Deputy
Board Orders Clerk Specialist,Admin.
Subject: State Route 4 East, Railroad Avenue to Loveridge Road. Pittsburg Area.
Date: July 27, 2004
Page: 2
A. APPROVE the Relocation Assistance Claims listed below: (Continued)
Claimant rail Amoun
Lloyd Comstock Moving Expense 6/14/04 Credit Revolving Fund $337.50
Keith Duchene Moving Expense 6/07/04 Credit Revolving Fund $236.25
Wayne Howard Moving Expense 5/28/04 Credit Revolving Fund $371.25
Lisa Powell Moving Expense 5/21/04 Credit Revolving Fund $202.50
Wendy Hall Moving Expense 6/09/04 Credit Revolving Fund $337.50
John Medlock Moving Expense 5/07/04 Credit Revolving Fund $337.50
B. AUTHORIZE the Principal Real Property Agent to sign said claim forms on behalf of
the County.
C. AUTHORIZE the Public Works Director to charge the project by Journal Entry the sum of
$6,558.75 and credit the revolving fund monies for the same amount as advanced by the
Contra Costa Transportation Authority.
11. Financial Impar.t:
Payment totaling $6,558.75 to be made from the State Route 4 East Widening Project, Railroad
Avenue to Loveridge Road, which is 100% reimbursable from Contra Costa Transportation
Authority.
111. Reasons for Recommendations and Ra _kground:
The claimants are occupants at Security Public Storage located at 701 Bliss Avenue, Pittsburg, a
storage facility from which they are being displaced because of the highway widening project.
The payments are part of the relocation entitlement required by Government Code § 7260, et.
Seq.
IV. Cans q ,uPnces of Npgatove Action:
The County will not be in compliance with State and Federal law.
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR s
DATE: July 27, 2004
SUBJECT: Seed Limits on Byer Road,B on area
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
APPROVE Traffic Resolution No. 2004/4068 establishing speed limits on Byer Road,Byron area.
FISCAL IMPACT:
None
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
On the basis of an engineering and traffic survey and recommendations thereon by the County Public
Works Department's Transportation Engineering Division and pursuant to County Ordinance Code
Sections 46-2.002 — 46-2.012, this traffic regulation is established (and other action taken as
indicated).
CONSEQUENCES OF NEGATIVE ACTION:
Unable to use local authorities powers to enforce the California Vehicle Code.
Continued on Attachment: SIGNATURE:
ECOMMENDATION OF COUNTY ADMINIS OR
RECOMMENDATION OF BOARD COMMITT
:-APPROVE q�jr�THER
SIGNATURE (S):
r
ACTION OF BOAjiD/ N JULY 27j 2004 APPROVED AS RECOMMENDED
OTHER ; ted
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS minutes of the Board of Supervisors on the
XX UNANIMOUS(ABSENT NONE ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: JULY 27, 2004
JOHN SWEETEN, Clerk of the Board of
Oris.rsBng\2oo4lic Wor 4068-BO Works(Traffic)
Supervisors and Count Administrator
Orig.Div: Public Works(Traffic} Y y
Contacts Jerry Fahy(313-2276)
ec: Ca3ifornia Highway Patrol
Sheriff's Department
By � , Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 27, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILM A, GREENBERG, DESAUL.NIER AND GLOVER
NOES: NONE
ABSENT: NONE
TRAFFIC RESOLUTION NO. 2004/4068
ABSTAIN: NONE Supervisorial District III
SUBJECT: Speed Limits on Byer Road (Road No. 9163B), Byron area.
The Contra Costa Board of Supervisors RESOLVES that:
On the basis of an engineering and traffic survey and recommendations thereon by the
County Public Works Department's Transportation Engineering Division and pursuant to
County Ordinance Code Sections 46-2.002 —46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Section 22368 of the California Vehicle Code, no vehicle shall
travel in excess of 36 miles per hour on that portion of Byer Road, beginning
at the intersection of Byron Highway(Road No.9621)and extending easterly
to the intersection with Bixler Road (Road No.9163A), Byron area.
Traffic Resolution No. 3208 pertaining to speed limits is hereby rescinded.
I hereby certify that this is a true and correct
copy of an action taken and entered no the
MAje minutes of the Board of Supervisors on the date
G:\TransEng\2004\BO-TR\4068-9163B.doc
shown.
Ong.Dept.: Public Works(Traffic)
Contact: Jerry Fahy,(313-2276)
cc: California Highway Patrol
Sheriff's Department ATTESTED: JULY 27, 2004
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
By , Deputy
TRAFFIC RESOLUTION NO. 2004/4068
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR
DATE: July 27, 2004 >d• ;/��r[
SUBJECT: Speed Limits on Crockett Boulevard, Crockett area V•T
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S).-
APPROVE
ECOMMENDATION(S):APPROVE Traffic Resolution No. 2004/4069 establishing speed limits on Crockett Boulevard,
Crockett area.
FISCAL IMPACT:
None
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
On the basis of an engineering and traffic survey and recommendations thereon by the County Public
Works Department's Transportation Engineering Division and pursuant to County Ordinance Code
Sections 46-2.002 --- 46--2.012, this traffic regulation is established (and other action taken as
indicated).
CONSEQUENCES OF NEGATIVE ACTION:
Unable to use local authorities powers to enforce the California Vehicle Code.
Continued on Attachment: SIGNATURE:
�:-RECONIMENDATION OF COUNTY ADMINIST R
_RECOMMENDATION OF BOARD COMMITTEE
,,-*PPROVE OTHER
SIGNATURES
ACTION OF BCCA ON JL1L�' 7, 2004 APPROVED AS RECOMMENDED xx
OTHER 99
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS minutes of the Board of Supervisors on the
xx UNANIMOUS(ABSENT NONE ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: JULY 27, 2004
JOHN SWEETEN, Clerk of the Board of
G:\Trans$ng\20061$0-TR160G9-$0.doc
Orig.Div: Prtolic Warks(Traffic) Supervisors and County Administrator
Contact: Jerry Fahy(313-2276)
cc: California Highway Patrol
Sheriffs Degartttrter:t
By e IC.dtrc. -, Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 27, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
TRAFFIC RESOLUTION NO. 2004/4069
ABSTAIN: NONE Supervisorial District 11
SUBJECT: Speed Limits on Crockett Boulevard (Road No. 2291), Crockett area.
The Contra Costa Board of Supervisors RESOLVES that:
On the basis of an engineering and traffic survey and recommendations thereon by the
County Public Works Department's Transportation Engineering Division and pursuant to
County Ordinance Code Sections 46-2.002 — 46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Section 22358 of the California Vehicle Code, no vehicle shall
travel in excess of 45 miles per hour on that portion of Crockett Boulevard
beginning at the intersection of Cummings Skyway (Road No.1991) and
extending northerly to the intersection of Pomona Street (Road No. 2191 A),
Crockett area.
I hereby certify that this is a true and correct
MA:(e copy of an action taken and entered no the
c:iTransEng12004\BO-TR14069-2291.doc minutes of the Board of Supervisors on the date
Orig.Dept,*. Public Works(Traffic) shown.
Contact: Jerry Fahy,(313-2276)
cc: California Highway Patrol
Sheriffs Department
ATTESTED: JULY 27, 2004
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
By , Deputy
TRAFFIC RESOLUTION NO. 2004/4069
TO: BOARD OF SUPERVISORS f
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR ,s
DATE: July 27, 2004
SUBJECT: Seed Limits on Deer Valley Road,Brentwood area '•
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
APPROVE Traffic Resolution No. 2004/4070 establishing speed limits on Deer Valley Road,
Brentwood area.
FISCAL IMPACT:
None
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
On the basis of an engineering and traffic survey and recommendations thereon by the County Public
Works Department's Transportation Engineering Division and pursuant to County Ordinance Code
Sections 46-2.002 — 46-2.012, this traffic regulation is established (and other action taken as
indicated).
CONSEQUENCES OF NEGATIVE ACTION:
Unable to use local authorities powers to enforce the California Vehicle Code.
Continued on Attachment:, SIGNATURE:
_,,, RECOMMENDATION OF COUNTY ADMINISIYATOR
RECOMMENDATION OF BOARD COMMITTEE
,APPROVE OTHER
ACTION OF BO ON JULY 27�2004 APPROVED AS RECOMMENDED xx
OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS minutes of the Board of Supervisors on the
xx UNANIMOUS(ABSENT NONE ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: .JULY 27, 2004
JOHN SWEETEN, Clerk of the Board of
G:\TransEng\2004\BO-TR\4070-BO.doc �,jt ervlsors and County Administrator
Orifi.Div: Public Works(Traffic) t'
Contact: Jerry Fahy(313-2276)
cc: California Highway Patrol
Sheriff's Department
By 3 Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 27, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEhIA, GREENBERG, DESAULNIER AND GLOVER--
NOES: NONE
ABSENT: NONE
TRAFFIC RESOLUTION NO. 2004/4070
ABSTAIN: NONE Supervisorial District III
SUBJECT: Speed Limits on Deer Valley Road (Road No. 7341), Brentwood area.
The Contra Costa Board of Supervisors RESOLVES that:
On the basis of an engineering and traffic survey and recommendations thereon by the
County Public Works Department's Transportation Engineering Division and pursuant to
County Ordinance Code Sections 46-2.002 — 46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Section 22358 of the California Vehicle Code, no vehicle shall
travel in excess of 45 miles per hour on that portion of Deer Valley Road
(Road No. 7341), beginning at the intersection of Marsh Creek Road (Road
No.3971A) and continuing northerly to the Antioch City Limits, Brentwood
area.
Traffic Resolution No. 3530 pertaining to speed limits is hereby rescinded.
MA:je I hereby certify that this is a true and correct
0:1TransEng12004180-TR14070-7341.doc copy of an action taken and entered no the
Orig.Dept.: Public Works(Traffic) minutes of the Board of Supervisors on the date
Contact: ,ferry Fahy,(313-2276)
cc: California Highway Patrol shown.
Sheriff's Department
ATTESTED: JULY 27, 2004
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
By Deputy
TRAFFIC RESOLUTION NO. 2004/4070