HomeMy WebLinkAboutMINUTES - 06162009 - C.02RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a
Roadway Encroachment Permit issued by the County of Alameda Public Works Agency
required for the construction of the Vasco Road Safety Improvements Project, County
Project No. 0662-6R4254.
AUTHORIZE the Public Works Director to arrange for payment of the $225 permit fee and
reimbursement for inspection and related expenses incurred by the County of Alameda
Public Works Agency in accordance with said permit.
FISCAL IMPACT:
There will be no impact to County General Fund.
BACKGROUND:
The purpose of this project is to improve safety along Vasco Road within the vicinity of
Bushy Creek by constructing a median barrier and connecting the two truck climbing lanes.
The project location is approximately three
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/16/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: Larry Theis (925)
313-2166
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 date shown.
ATTESTED: June 16, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: David Twa, CAO, Stephen Ybarra, Auditor Controller, Sue Frances, Finance, Marlon Epps, Design
C. 2
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 16, 2009
Contra
Costa
County
Subject:APPROVE a Roadway Encroachment Permit issued by the County of Alameda Public Works for Vasco
Road Safety Improvement Project, Brentwood Area
BACKGROUND: (CONT'D)
miles north of the Alameda County Line. A portable changeable message board is needed in
advance of the project in the Alameda County road right-of-way to warn of possible delays
due to project construction. Thus Alameda County requires that the County enter into a
Roadway Encroachment Permit to place the portable changeable message board for our
project.
The encroachment permit will require the County to defend and indemnify Alameda County
“from and against all claims, losses, damages, liabilities, or expenses, including reasonable
attorney fees incurred in the defense thereof, for the death of or injury to any person or
persons (including the permittee’s or the County’s employees) or damage to any property
and/or business loss or economic harm that arises out of or is in any way connected with the
issuance of this permit or with work performed by permittee or permittee’s contractors,
consultants, or agents under this permit (collectively “Liabilities”).”
The effect of this provision is to cause the County to assume liability for any business loss
or economic harm that arises out of the County’s use of Alameda’s County right of way.
While it would be preferable to revise the provision to eliminate the County’s liability for
business loss and economic harm, it is staff’s opinion that the possibility of triggering
business loss or economic harm to Alameda County by installing a portable changeable
message board within their right of way is very remote. For this reason, and because of the
limited time available to obtain the permit before the federal funding deadline, we are
recommending the permit be approved in its present form.
CONSEQUENCE OF NEGATIVE ACTION:
As a condition of receiving federal funds, the County must secure all permits in their name
required for the project. Without this permit, the $10 million in federal funding could be in
jeopardy.