HomeMy WebLinkAboutMINUTES - 02151994 - 1.4 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: February 15, 1994
SUBJECT: Cooperative Agreement - State Route 4/Laurel Road
Project No. 4660-6X401.1
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION -
t. Recommended Action:
APPROVE and AUTHORIZE the Chair of the 'Board of Supervisors to execute Cooperative
Agreement No. 4-1454-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 Laurel Road.
II. Financial Impact:
There is no financial impact to the County General Fund. The Project costs, less $65,000 of
developer contribution, are shared 1/2 by State and 1/2 by Oakley/N. Brentwood Area of Benefit.
Ill. Reasons for Recommendations and Background:
State Route 4 is a conventional highway that runs north to south in the vicinity of the proposed
signal. The existing speed limit at this location, is 45 mph. Laurel Road is a two lane county
road that intersects with State Route 4. The intersection of State Route 4 with Laurel Road is
an unsignalized intersection with left turn pockets for all four legs of the intersection.
During peak hours, there is significant traffic congestion and delay on State Route 4 and Laurel
Road, near the intersection: Traffic on State Route 4 has increased until traffic on Laurel Road
now suffers delay in entering State Route 4. About forty-two percent (42%) of the nineteen (19)
accidents reported,for the four year period, 1988 to 1991, were rear d accidents and twenty-
six percent (26%) were left turn related.
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Continued on Attachment: X SIGNATURE: w
RECOMMENDATION OF COUNTY ADMINISTRATOR -
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER.
SIGNATURE(S):
ACTION OF BOARD ON 5 1994 APPROVED AS RECOMMENDED OTHER_
VOT OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this Is a true and correct copy of
an action taken and entered own the minutes of the
Board of Su ltsprs�n`? i���showr�.
MB:eh ATTESTED: r�� -
c:BO15a.t2 PHIL BATCHELOR,Clerk of the Board
of Suoervisors and County Administrator
Attachment
gy .Deouty
Orig. Div: Public Works (Transportation Eng.)
Contact: Mark Boucher, Tel. 313-2277
cc: See Page 2
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Cooperative Agreement - State Route 4/1-aurel Road.
February 15, 1994
Page 2
III. Reasons for Recommendations and Background: (Cont.)
This project proposes signalizing the intersection of State Route 4 and Laurel Road, thereby
increasing intersection capacity and improving traffic flow through the intersection.
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 construction plans are 95% complete with approval of the
plans anticipated by February 28, 1994 and the contract award deadline is set at June.30, 1994.
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
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4-CC-4-35. 6
4336-135441
Dist. Agmt. No. 4-1454-C
Document No. CC-7--'),30S .
COOPERATIVE AGREEMENT
93®8
THIS AGREEMENT, ENTERED INTO ON ���a'�-cry% S �j � is
between the STATE OF CALIFORNIA, acting by and through its De-
partment 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" .
go®S
RECITALS
(1) STATE and COUNTY pursuant to Streets and Highways
Code Sections 114 and 1.30, are authorized to enter into a Cooper-
ative Agreement for improvements to State highway within COUNTY.
(2 ) STATE and COUNTY contemplate installing traffic
control signal and safety lighting and performing roadwork at the
intersection of Laurel Road and Route 4 in Oakley, referred to
herein as "PROJECT" , and desire to specify. the. terms and condi-
tions under which .PROJECT is to be engineered, constructed, fi-
nanced and maintained
PLICATE ORIGIN
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Dist. Agmt. No. 4-1.454-C
SECTION I
COUNTY AGREES:
( 1) To provide all necessary preliminary engineering,
including plans and specifications, utility identification and
location, and all necessary construction engineering services. for
_ PROJECT and to bear COUNTY' s share of the actual expense thereof.
Estimates of such costs are shown on Exhibit A, attached hereto
and made a part of this Agreement.
(2 ) 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 the
receipt of STATE' s "Manual on High and Low Underground Facilities
Within Highway Rights-of-Way" .
(3 ) To construct PROJECT in accordance with plans and
specifications of COUNTY to the satisfaction of and subject to
the approval of STATE.
(4) PROJECT will be advertised, awarded and adminis-
tered in accordance with STATE' s current Local Programs Manual,
Vol- II . Approval of PROJECT funding shall be assured prior to
advertising.
(5) To pay an amount equal to 50 percent• of the actual
total PROJECT costs, after deducting the amount of $65, 000 con-
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tributed by developer as shown on Exhibit A. In no event shall
COUNTY' s total obligation for PROJECT costs under this Agreement,
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Dist. Agmt. No. 4-1454-C
excluding costs referred to in Section III , Article ( 12 ) , exceed
the amount - of $2.17, 000; provided that COUNTY may, at its sole-
discretion, in writing, authorize a greater amount. COUNTY will.
be responsible for paying developer' s contribution of $65, 000.
(6) - To apply for necessary encroachment permits for
required work within State Highway rights-of-way, in accordance
with State' s standard permit procedures .
(7) Upon completion of. PROJECT and all work incidental
thereto, to furnish STATE with a detailed statement of the total
, engineering and construction costs to be borne by .STATE, . inc.lud-
ing resolution 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 deposit required in Section I.I , Article ( 1)
remaining after actual. costs to be borne by STATE have been de
ducted. or to bill STATE for any additional amount. . required to
complete STATE' s financial obligation pursuant to this Agreement,
subject to the limitations of STATE' s participation as stipulated
in said Section II , Article ( 1 ) .
(8) Upon completion of PROJECT, to furnish STATE a
complete set of full-size film positive reproducible as-built
plans.
(9) To reimburse STATE . for COUNTY' s proportionate
share of the cost of maintenance and operation of said traffic
control signal and safety lighting, such share to be an amount
equal to 50 percent of the total maintenance and operation costs,
including electrical energy costs.
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Dist. Agmt. No. 4-1.454-C
(10) To retain. or cause to be retained_ for audit by
STATE or. other government auditors for a period of three (3 )
years from the date of final payment, all records and accounts
relating to construction ,of PROJECT
( 11) To furnish traffic control equipment for PROJECT.
This equipment shall consist. of STATE approved signal_ controller
unit- and signal. control cabinet.
( 12 ) To pay one hundred procent cost of additional
traffic signal equipment and Modulated Light Signal Detection
system (estimated to be $1000) for PROJECT.
SECTION II
STATE AGREES:
( 1 ) To deposit with COUNTY within 25 days- of receipt
of billing therefore (which billing may be forwarded 15 days
prior to COUNTY' s bid advertising date of a construction contract
for PROJECT) , the amount of $116, 000 which figure represent
STATE' s estimated share of preliminary engineering, construction
engineering and construction costs required to complete PROJECT,
as shown on Exhibit A. In no event shall STATE' s total obli-
gation, for said anticipated PROJECT costs ( including the cost of
traffic signal controller) under this agreement exceed the amount
of $139, 000 excluding costs referred to in Section III , Article
( 12 ) of this agreement.
(2 ) STATE' s share of construction cost (estimated' to
be $85, 500) shall be an amount equal to SO percent of the total.
actual construction cost including the cost of construction re
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Dist. Agmt. No. 4-1454-C
lated claims and the cost of COUNTY defense of any of those
claims after deducting developer' s contribution of $65, 000 and as
determined after completion of work upon final accounting of
costs.
(3 ) STATE' s share of the expense of preliminary engi-
neering shall be an amount equal to 50 percent of COUNTY' s actual
cost for preliminary engineering for the entire PROJECT.
(4) STATE' s share of the expense of construction engi-
neering shall be an amount equal to 50% of COUNTY' s actual cost
for construction engineering for the entire PROJECT.
(5) To pay COUNTY upon completion of all work and
within 20 days of receipt of a detailed statement made upon final
accounting of costs therefore, any amount over and above the
aforementioned advance deposit required to complete STATE' s fi-
nancial obligation pursuant 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 and operate the entire traffic control
signal and safety lighting as installed and pay an amount equal
to 50 percent of the total maintenance and operation costs in-
cluding electrical energy costs .
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Dist. Agmt. No. 4-1.454-C'
(7) To issue, upon proper- application by COUNTY and by
COUNTY contractor, the necessary encroachment permits at no cost
to both for required work within the State- Highway rights of way.
(8) To prepare a "Project Report" justifying the need
for PROJECT, to prepare all necessary environmental. evaluation
and clearance documents and to furnish copies of these .documents
to COUNTY in a timely manner.
(9) -To provide a State Project Coordinator to coordi-
nate and promptly review the work of COUNTY and its consultants
if any during the preparation of PS&E for. PROJECT.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
( 1) All obligations of STATE under the terms of this
agreement are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission. Should COUNTY award a contract for
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PROJECT prior to the allocation of resources by the California
Transportation Commission, there is no guarantee of STATE'. s par-
ticipation and COUNTY shall assume all risks thereof,
(2 ) Should any portion of PROJECT be financed with
Federal funds or State gas tax funds, all applicable laws, regu-
lations, procedures and policies relating to the use of such
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funds shall apply notwithstanding other provisions of this agree-
ment.
(3 ) That construction by COUNTY of improvements re-
ferred to herein which lie within STATE right of way or affect
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Dist. Agmt. No. 4-1454-C
STATE facilities, shall not be commenced until COUNTY' s original
contract plans involving such work and plans for utility, relo-cations have been reviewed and approved by signature of STATE' s
District Director of Transportation, or- his- 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 of and
official approval of said plans .
(4) COUNTY shall obtain the aforesaid Encroachment
Permit through the office of STATE ' s District 4 Permi.t_ _Engineer
and that COUNTY' s application shall be accompanied by 8 sets of
reduced construction plans of aforesaid STATE approved contract.
plans. Receipt thereafter by COUNTY of the approved. Encroachment
Permit shall constitute COUNTY' s authorization from STATE to pro-
ceed with work to be performed by COUNTY or COUNTY' s represen
tatives within the STATE rights of way or which affects STATE
facilities', pursuant to work covered by this Agreement. COUNTY' s
authorization, to proceed with said work shall, however, be con
tingent 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 implemen-
tation of any liability and hold harmless issues.
(5 ) COUNTY' s construction contractor shall also be re-
quired to obtain an Encroachment Permit from STATE prior to com-
mencing any. work within STATE rights 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' s
District Permit- Engineer and shall include proof said contractor
Dist. Agmt. No. 4-1454-C
has payment and performance surety bonds covering construction- of
PROJECT.
(6) COUNTY shall not advertise for bids to construct:
PROJECT until after an encroachment- permit. has been issued. to
COUNTY by STATE, nor shall COUNTY award a contractto construct
PROJECT until after receipt of STATE' s deposit required in Sec
1
tion II , Article ( 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. Se.c.tion II , Article
( 1) will be increased or decreased to match said •revised esti-
mate. . If deposit increase or decrease is less than $1, 000, no
refund or demand for additional deposit will be made until final
accounting.
(8) After opening bids for construction of PROJECT and
if bids indicate a cost overrun no more than 20 percent of the
estimate will- occur, COUNTY may award the contract.
(9) If, upon opening of bids, it is found that a cost
overrun exceeding 20 percent of the estimate will occur, STATE
and COUNTY shall endeavor to agree upon .an alternative course of
action. If after 30 days an alternative course of action i.s- not
agreed . upon, this agreement shall be deemed to be terminated by
mutual consent pursuant to Article ( 11) of. this Section .III .
(10) Prior to the award of the construction contract
for PROJECT, STATE may terminate this Agreement by written notice_
provided that STATE pays COUNTY for all PROJECT related costs in-
curred by COUNTY prior to termination, such costs not to exceed
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Dist. Agmt. No. 4-1454-C
expenditure- of 10 percent of total estimated PROJECT construction
cost.
( 11,) . If termination of' this agreement is by mutual
consent, STATE will bear 50 percent and COUNTY will bear 50 per
cent of all costs incurred prior to termination with total costs
to STATE not to exceed 5 percent of total estimated. PROJECT con-
struction cost.
(12) If any existing public and/or private utility fa-
cilities 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, relo-
cation or removal in accordance with STATE policy and procedure
for those facilities 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 highway. Total. costs of such protection,
relocation or removal shall be in accordance ' with STATE policy
and procedure. COUNTY shall require any utilities owner and/or
its contractors performing relocation work in STATE' s right of
way to obtain a STATE encroachment permit prior to the perform-
ance of
erform-ance . of said relocation work. Any relocated or new facilities
shall be correctly shown and identified on the As-Built plans re-
ferred to in Section . I Article (8). of this agreement.
( 13 ) In the construction of said work, COUNTY will.
furnish a representative to perform the usual functions, of a Res-
identEngineer, and STATE may, at no cost to COUNTY, furnish a
representative, if it so desires, to ensure conformance of work
to STATE' s standards . Said representatives of COUNTY and STATE
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Dist. Agmt. No. 4-1454-C:
will. cooperate and consult with each other, but all work within
STATE' s right of way shall be accomplished to the satisfaction of.
STATE' s representative.
( 14) Upon completion of all work under this Agreement,
ownership and title to all signals, materials, equipment and
appurtenances installed will automatically be vested in STATE- and
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no further agreement will be necessary to transfer ownership to
STATE.
( 15 ) The cost of any engineering, maintenance. or" opera
tion referred to in this Agreement shall .include all. direct and
indirect costs (functional and administrative overhead assess-
ment) attributable to . such work, applied in accordance with
STATE' s standard accounting procedures .
( 16) Nothing in the provision of this Agreement is in-
tended to create duties or obligation to or rights in third par-
ties not. parties 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 highway different from
the standard of care imposed by law.
( 17) Neither STATE 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 COUNTY under or
in connection with any work, authority or jurisdiction delegated
to COUNTY under this agreement. It is also understood and agreed I
that, pursuant to Government Code Section 895 . 4, COUNTY shall. I
fully defend, indemnify and save harmless STATE, all officers and j
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employees from all claims, suite or actions of every name kind
and description brought for or on account of injury ( as defined
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Dist. Agmt:. No. 4-1454-C
by 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.
( 18) Neither COUNTY, nor any , officer or employee
thereof, shall be responsible for any damage or liability occur-
ring 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 Government 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 from any liability imposed
for injury (as defined by Government Code Section 810. 8) occur-
ring 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.
( 19) No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the
parties hereto and no oral understanding or agreement not incor-
porated herein shall be binding on any of the parties hereto.
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Dist. Agmt..- No. 4-1-454-C.
(20) Those portions of the Agreement pertaining to the
construction of PROJECT shall terminate upon completion and ac-
ceptance- of
cceptance of PROJECT. construction contract- by COUNTY and. STATE, or
on September- 30, 1998, whichever is earlier in time-, however, the
ownership, maintenance and operation clauses shall remain in of--
fect until terminated or modified in writing, by mutual agree--
ment. 9308
STATE OF CALIFORNIA- COUNTY OF CONTRA COSTA
Department of Transportation
r
JAMES W. VAN LOBEN SELS
Di recto of Tran portation 1,:By
Chairman, Board of Supervisors
By Attest: Phil Batchelor, Clerk of
Dypjity iblltrict DiVector the Board of Supervisors and County Administrator
By
APPROVED AS' TO FORM AND PROCEDURE Deputy
CERTIFICATION OF- FUND;
ATTOPNEY I hereby certify upon my own
Dep tment of Tr sportation personal knowledge that budgeted
funds are available for the
period and purpose of payment
CERTIFIED AS TO FUNDS AND PROCEDURE to the construction contractor
and to qualified support staff
pursuant to this Agreement.
District Accounti Administrator
County Fiscal. Officer
FORM APPROVED
VICTOR J. WESTMAN, County Counsel
By Deputy
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Dist. Agmt. No. 4-1454-C
4-CC-4-35 . 55 EXHIBIT' A
4336-135441
District Agreement No . 4-1454-C
ESTIMATES OF COST BREAKDOWN
DESCRIPTION TOTAL EST. COUNTY' S STATE' S
STATE' S
COST SHARE SHARE
Electrical and Roadwork $236 ; 000
( Includes Model 170 Controller)
Developer' s lumpsum 65 , 000 65, 000
contribution to COUNTY
Actual cost to be shared 171, 000 85,.500 85, 500
85, 500
(COUNTY 50% STATE 50%)
Preliminary Engineering ( 10%) 23, 600 12 , 000 12 , 000
12, 000
(COUNTY 50% STATE 50%)
Construction Engineering ( 15%) 35, 400 18, 000 18, 000
(COUNTY 50% State 50%) )
COUNTY' s total obligation $180, 500
STATE' s Share $115, 500
For Agreement purpose $116, 000
Note: In the above table some of the values might have been
rounded off to simplify the presentation. Whenever
percentages are shown, they shall prevail over. the
dollar amounts derived therefrom.
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