HomeMy WebLinkAboutMINUTES - 02151994 - 1.6 TO: BOARD OF SUPERVISORS
FROM: j,-.,MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: FEBRUARY 15, 1994
SUBJECT: APPROVE COOPERATIVE AGREEMENT FOR THE VASCO ROAD RELOCATION
PROJECT
PROJECT NO: 0676-6P4054
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION
I. Recommended Action: ,
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a Cooperative
Agreement between the County and the Contra Costa Water District (CCWD) to provide for
design, construction and maintenance of the Vasco Road Relocation Project.
AUTHORIZE the use of monies from the Keller Canyon Landfill Road Mitigation fees if state and
local partnership funds are deleted from the state budget to satisfy the County's financial
obligation for the Camino Diablo Bypass improvements stated in the Cooperative Agreement.
11. Financial Impact:
There is no financiaf impact to the County General Fund. The Agreement commits the County
to reimburse the CCWD, one million three hundred sixteen thousand dollars ($1,316,000)toward
the Camino Diablo Bypass portion of this project and two hundred and five thousand dollars
($205,000) to increase shoulder widths along the relocated Vasco Road.
The County has applied for funding under the State-Local Transportation Partnership Program
(SB-300, Cycle 5 Funding), to reimburse the CCWD for these costs. It is expected that SB 300,
Cycle 5, will cover the total reimbursement to the CCWD. In the event that the SB-300 monies
received from our application are less than our commitment to the CCWD, or this funding source
is eliminated by the State, monies from the Keller Canyon Landfill Road Mitigation fees will be
used to reimburse the CCWD up to the full amount ($1,521,000) over an 8-year period.
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): „
ACTION OF BOARD ON February 15, 1994 APPROVED AS RECOMMENDED X OTHER _
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VOTE OF SUPERVISORS
I x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correcteopy of
an action taken and entered on the minutes of the
MC:glo:jlg Board of supendsors on the date shown.
c\B08.t2 ATTESTED' �h �1Q Board —
PHIL BATCHELOR Clerk 0 the Board
of supervwm and 6ZW Administrator
Contact: Mike Carlson, (313-2346)
Orig. Div: Public Works (Design Division) By .00puty
cc: County Admin.
Attn: E. Kuevor
Auditor-Controller
Transportation Engineering
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APPROVE COOPERATIVE AGREEMENT FOR THE VASCO ROAD RELOCATION PROJECT
Page 2
February 15, 1994
III. Reasons for Recommendations and Background:
In 1988, the voters approved a bond measure- to finance the construction of CCWD's Los
Vaqueros Reservoir in the southeastern portion of the County. The existing Vasco Road will
need to be relocated since the existing roadway will be flooded by the reservoir. CCWD is
managing the whole road relocation project, including their environmental, geotechnical, design
and construction management/inspection consultants. The EIR for the Vasco Road Relocation
Project was certified by the CCWD Board of Directors on September 26, 1990. Presently, the
CCWD is completing the final Plans, Specifications, and Estimate for the road relocation and
securing the necessary rights of way. .CCWD is planning to construct this project starting the
summer or fall of 1994.
Once the relocated Vasco Road is constructed, the County will take over its operation and
maintenance and will also vacate the "old" Vasco Road. Therefor, Public Works' staff has been
providing oversight of CCWD's design efforts to ensure compliance with Caltran's and County
standards. Alameda County Public Works staff is performing a similar role for portions of the
project within Alameda County.
During the design phase of the project, the County has requested design upgrades for the
roadway and has also committed to contribute financially towards a portion of these upgrades.
The CCWD has agreed to construct a Camino Diablo Bypass, instead of widening the existing
Camino Diablo to reduce impacts to residents along existing Camino Diablo Road. The County
will contribute the estimated difference between the estimated cost of the Camino Diablo Bypass
and the estimated cost of the proposed improvements to the existing Camino Diablo
($1,316,000). The County has also required the CCWD to increase the structural capacity of the
shoulders along the relocated Vasco Road. This will increase the design life and decrease the
maintenance of the shoulders. The cost increase for the shoulder upgrade will be $205,000.
The Cooperative Agreement specifies the duties and obligations of the County and the CCWD
project in design, right of way acquisitions, construction and maintenance responsibilities. Two
previous agreements have been approved, the Principles of Agreement and the Roadway
Design Report. The County's acceptance of any of this Cooperative Agreement will not relieve
the CCWD or its consultants/contractors of any liability in connection with the roadway design
or construction.
IV. Consequences of Negative Action:
Failure to approve and execute the cooperative agreement will delay the construction of the Los
Vaqueros Reservoir.
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COOPERATIVE AGREEMENT
This AGREEMENT entered into on 4,1 , Is , 1994 is between the Contra Costa Water District,
referred to herein as DISTRICT, and County of Contra Costa, a political subdivision of the State
of California, referred to herein as COUNTY.
RECITALS
(1) DISTRICT and COUNTY pursuant to their respective governing legislation are
authorized to enter into a Cooperative Agreement.
(2) DISTRICT is proceeding with the planning, design and construction of the Los
Vaqueros Project. Construction of the Los Vaqueros Project will require relocation of Vasco
Road which is located in Alameda and Contra Costa Counties. The relocation of Vasco Road
as necessitated by the construction of the Los Vaqueros Project is referred to herein as
"REPLACEMENT ROADWAY" for the purposes of this agreement. Timely construction of
REPLACEMENT ROADWAY is important to maintain the Los Vaqueros Project schedule.
REPLACEMENT ROADWAY must be complete prior to the closing of the existing Vasco Road
in order for the construction of a dam for the Los Vaqueros Project to commence.
(3) DISTRICT and COUNTY agree the REPLACEMENT ROADWAY will generally follow the
alignment of County Line Alternative (Modified) as described in the Final Environmental Impact
Report for the Vasco Road and Utility Relocation Project certified by the DISTRICT on September
26, 1990, SCH#: 89032123.
(4) COUNTY has amended its General Plan to reflect the realignment of Vasco Road on
the County Line Alternative (Modified) as described above.
(5) DISTRICT has petitioned COUNTY to vacate COUNTY interest to the entire existing
Vasco Road in exchange for DISTRICT construction of REPLACEMENT ROADWAY.
(6) DISTRICT is willing to fund completion of a REPLACEMENT ROADWAY including the
costs of COUNTY staffing costs to provide oversight of environmental, design, right of way
activities, and construction.
(7) This Agreement supplements the.prior Principles of Agreement dated January 30,
1991 relating to the REPLACEMENT ROADWAY. Said Principles of Agreement, attached to this
agreement as Exhibit D was executed by the District General Manager and the County
Administrator as recommended by the Director of Community Development and the Public
Works Director.
(8) The parties hereto desire to define herein the terms and conditions under which said
REPLACEMENT ROADWAY will be designed, constructed, financed and accepted by COUNTY
into the County Maintained Road System.
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(9) As used in this Agreement, COUNTY acceptance shall refer to formal acceptance by
'the Board of Supervisors of the REPLACEMENT ROADWAY into the COUNTY-maintained road
system.
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ARTICLE
' DISTRICT AGREES:
(1) To pay all required fees and reimburse all actual expenses incurred by COUNTY in
processing the Vasco Road Vacation and acceptance of the REPLACEMENT ROADWAY into
the County Maintained Road System. Such fees and expenses include costs for design and
construction oversight activities, processing and reviewing the Vasco Road vacation and Vasco
Road closure, relocation of utilities, as appropriate, on the vacated Vasco Road right of way,
processing entitlements and/or permits for windmills located in setback area, legal fees,
preparation of a final Audit, and other regulatory actions by COUNTY required for COUNTY
acceptance of REPLACEMENT ROADWAY into the County Maintained Road System.
(2) To pay one hundred percent (100%) of the actual costs of construction, including
utility relocation costs, required for satisfactory completion of REPLACEMENT ROADWAY
including changes pursuant to contract change orders concurred with by the COUNTY
representative, except for those funds to be contributed by County pursuant to Article II, Section
(9)•
(3) To develop the precise REPLACEMENT ROADWAY alignment and prepare a Roadway
Design Report for review by COUNTY. Said Roadway Design Report will specify detail design
criteria for REPLACEMENT ROADWAY to be used by DISTRICT and accepted by COUNTY.
(4) To be responsible for all design engineering costs, including, but not limited to, costs
for preparation of contract documents, advertising and awarding the construction contract for
the REPLACEMENT ROADWAY.
(5) To have detailed Plans, Specifications and Estimate (PS&E) prepared at no cost to
COUNTY and to submit each to COUNTY for review at 30%, 70%, final draft and final PS&E
submittals, as a minimum. Final PS&E shall be prepared according to California Department of
Transportation (Caltrans) procedures and standards,COUNTY procedures and standards,good
engineering practice, and the minimum standards acknowledged in the Principles of Agreement
and the Roadway Design Report. The DISTRICT will administer the consultant contracts related
to the preparation of these plans.
(6) To reimburse COUNTY for costs incurred between August 1, 1990 , and the date this
Cooperative Agreement becomes effective, and for costs incurred on and after the date this
Cooperative Agreement becomes effective for COUNTY's cost to oversee, advise, and
coordinate the REPLACEMENT ROADWAY project, process the Road Vacation and Vasco Road
closure, perform right of way activities pursuant to Article I, Section 9, to conduct final audit as
discussed in Article I, Section 35. Estimated costs reimbursable to COUNTY are based on the
Scope of Work made part of this Agreement as Exhibit A incurred and shown in Exhibit B.
COUNTY shall submit invoices no more frequently than once a month and not less frequently
than once a quarter for oversight costs incurred by COUNTY during the previous month or
quarter, as the case may be. Invoices shall be submitted to Contra Costa Water District, Los
Vaqueros Project, P.O. Box 4121, Concord, California, 94524. Payment shall be made within 30
days of DISTRICT's receipt of an acceptable invoice by DISTRICT's Program Manager.
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(7) To secure all necessary permits and approvals from other regulatory agencies other
than COUNTY as needed for the construction of the REPLACEMENT ROADWAY. COUNTY will
assist and cooperate in this effort.
(8) In performing this agreement DISTRICT shall comply with all applicable laws and
regulations, whether federal, state or local.
(9) To perform all right of way activities, including acquisition of right of way, slope
easements, utility easements, license agreements, temporary construction easements, right of
entry permits, storm drainage easements, drainage releases, relinquishment of abutter's rights,
and floating easements for maintenance at no cost to COUNTY, in accordance with the
California Relocation Assistance Law and the State Department of Housing and Community
Development guidelines for implementation of the law, and in compliance with all applicable
DISTRICT, State and Federal laws and regulations. Utilize the services of qualified personnel in
all right of way (R/W) acquisition. To provide COUNTY at DISTRICT's expense an accurate legal
description by making reference to all records of conveyances to COUNTY of all existing Vasco
Road right of way to be quitclaimed to DISTRICT under the terms of this agreement. In
assembling such records of conveyances pursuant to section (4) of article II of this agreement,
if COUNTY discovers that it lacks any portion of such records, the parties shall proceed to
determine the manner in which to proceed to complete the legal description.
(10) To grant deed to COUNTY the right of way for REPLACEMENT ROADWAY with
appropriate title insurance that the right of way is free and clear of all liens, including liens filed
by Contractors,subcontractors,equipment suppliers,and material suppliers,and encumbrances
detrimental to COUNTY's present and future uses. Transfer of said right of way to COUNTY will
occur concurrent with County acceptance of. REPLACEMENT ROADWAY into the County
Maintained Road System and COUNTY vacation of the existing right of way.
(11) To advertise, award and administer the construction contract for REPLACEMENT
ROADWAY in accordance with requirements of the Local Agency Public Construction Act and
the California Labor Code, including its prevailing wage provisions. The construction contract
shall contain the insurance and indemnification provisions attached hereto as Exhibit E.
DISTRICT shall be responsible for ensuring that this requirement has been complied with and
shall not permit any construction work to be performed unless and until the required insurance
and indemnification have been provided by the contractor and its subcontractors. Workers
employed in the performance of work contracted for by DISTRICT and/or performed under
encroachment permit, are covered by provisions of the Labor Code. DISTRICT shall obtain
applicable wage rates from the State Department of Industrial Relations and shall adhere to the
applicable provisions of the State Labor Code. Violations shall be reported to the State
Department of Industrial Relations.
(12)To construct REPLACEMENT ROADWAY in accordance with the final PS&E prepared
by DISTRICT, reviewed by COUNTY (as described in Article I, Section (5)) to the satisfaction of
COUNTY.
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(13) To administer the construction contract using procedures set forth in Caltrans
Consttuction'Manual applicable to construction of REPLACEMENT ROADWAY by independent
contract.
(14) To perform any surveys using those methods, procedures, and requirements of
Caltrans Surveys Manual applicable to surveying work done by DISTRICT staff or outside forces,
as the case may be.
(15) To have material testing and quality control performed by a certified material testing
consultant acceptable to COUNTY, who is independent of the construction contractor, using
those portions of the Caltrans Construction Manual,the State Material Testing Manual applicable
to construction of REPLACEMENT ROADWAY by independent contract at DISTRICT expense.
(16) To furnish a Construction Engineer/Manager who shall be a Registered Civil Engineer
to serve as field site representative, who shall, subject to the approval of County, perform the
functions of a Resident Engineer. The Resident Engineer shall not be an employee of any
private design consultant that prepared any portion of the REPLACEMENT ROADWAY or of any
construction contractor awarded any portion of the REPLACEMENT ROADWAY construction
contract.
(17) To furnish qualified support staff, to assist the Resident Engineer in, but not limited
to, construction surveys,soils and foundation tests, measurement and computation of.quantities,
testing of construction materials, checking shop drawings, preparation of estimates and reports,
preparation of Record Drawings (As-Builts), Record of Survey, and other inspection staff services
necessary to assure that the construction is being performed in accordance with the plans and
specifications. Said qualified staff support shall be independent of the design engineering
company and construction contractor, except that the design consultant may check the shop
drawings, do soil foundation tests, test construction materials, evaluate differing site conditions,
prepare Record Drawing (As-Builts), and do construction surveys.
(18) To conduct the final construction inspection for the construction contract jointly with
COUNTY and to accept the completion of the construction contract in coordination and
cooperation with COUNTY.
(19) Within sixty (60) days following the completion and acceptance of all work required
by the REPLACEMENT ROADWAY construction contract, to furnish COUNTY a complete set of
acceptable full-sized film positive reproducible Record Drawings (As-Builts), Record of Survey,
plans and all contract records showing any and all authorized modifications, including survey.
documents, final geotechnical report, and microfilm copy of all Record Drawings (As-Builts).
(20) To assume maintenance and the expense thereof of such portion of REPLACEMENT
ROADWAY located outside of then current COUNTY right of way during the period between
completion of the REPLACEMENT ROADWAY work under this Agreement and the conveyance
of acceptable title to COUNTY.
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(21) To guarantee that the REPLACEMENT ROADWAY improvements will be free from
defects and will perform satisfactorily in accordance with applicable standards for one year after
the date of acceptance of the REPLACEMENT ROADWAY by COUNTY. During such one-year
period, DISTRICT or its construction contractor shall repair or replace any defective
workmanship or materials or any unsatisfactory performance. The work shall be at the sole
expense of DISTRICT or its construction contractor.
Inspection of the improvements and/or materials, or approval of improvements and/or
materials inspected, or statement by any officer, agent or employee of COUNTY indicating that
the improvements or any part thereof comply with the requirements of this Agreement, or
acceptance of the whole or any part of said improvements and/or materials, or payments
therefor, or any combination or all of these acts, shall not relieve DISTRICT of the obligation to
fulfill this Agreement as prescribed; nor shall COUNTY be thereby estopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions of this
section.
If, after reasonable notice given by COUNTY, DISTRICT or its construction contractor fails
to make necessary repairs or replacements to the work and improvements during the time
specified in this Agreement, COUNTY may proceed to perform such work by contract or
otherwise, and DISTRICT and its construction constructor shall pay the costs and charges
therefor immediately upon demand. If COUNTY sues to compel performance of this Agreement
or to recover engineering costs and the cost of repairing or replacing the improvements,
DISTRICT and its construction contractor shall pay all reasonable attorneys' fees, costs of suit.,
and all other expenses of litigation incurred by County in connection therewith.
DISTRICT's obligations under this section shall terminate one year after the date on which
COUNTY accepts the REPLACEMENT ROADWAY. However, DISTRICT shall remain liable for
repairing or replacing any defective work of which notice has been given within the one-year
period for two years following expiration of the one year warranty period, within which time
COUNTY must bring any action based thereon. The existence of the one-year warranty shall
not limit the liability of DISTRICT's construction contractor for defective work, whether pursuant
to other express or implied warranties or otherwise, nor shall it relieve DISTRICT of its
responsibility as described in Section (22) of this article. DISTRICT shall ensure that its contract
with the construction contractor contains language acceptable to the COUNTY implementing this
section.
(22) To assume,in'perpetuity, maintenance and monitoring of the following environmental
mitigations related to the REPLACEMENT ROADWAY: salamander fencing and kit fox exclusion
fencing. If further environmental mitigations are required as a result of new information
uncovered prior to the acceptance of the REPLACEMENT ROADWAY by COUNTY, both
DISTRICT and COUNTY agree that an amendment of this agreement will be necessary to
establish maintenance responsibilities. It is mutually agreed that assignment of maintenance
responsibilities will be patterned after this agreement. After the REPLACEMENT ROADWAY is
accepted into the County Maintained Road System, the DISTRICT will be required to apply for
an annual encroachment permit to complete work within the County road right of way.
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(23) To provide the COUNTY representative the equivalent to the per person facilities,
1ncluding office space, transportation and electronic communications equipment, provided for
the DISTRICT staff and the construction engineer/manager.
(24) To obtain license agreements, subject to County review and acceptance, for cattle
passes or under crossings which provide passage under the REPLACEMENT ROADWAY. Such
license agreements shall be assignable to COUNTY upon transfer of title of the REPLACEMENT
ROADWAY right-of-way to COUNTY.
(25) To secure floating easements, in a form satisfactory to the COUNTY, sufficient to
allow the COUNTY to gain access to and maintain REPLACEMENT ROADWAY and drainage
facilities which are not accessible from the REPLACEMENT ROADWAY itself. Neither DISTRICT
nor COUNTY shall be responsible to maintain access roads within the floating easements, but
each shall be responsible to repair such damage to such access roads (other than normal wear
and tear) that its respective operations have caused. The floating easements must disclose to
property owner that maintenance of said access roads shall be the sole responsibility of the
property owner or their assignee. This notification must be made in writing, and recorded during
the right of way acquisition phase.
(26) To apply for a minor boundary adjustment pursuant to Government Code section
23200 et seq. to transfer from the County of Alameda to COUNTY the portion of land the
REPLACEMENT ROADWAY, including right of way and embankments between approximately
Stations 128 and 148 as shown on REPLACEMENT ROADWAY Segment B PS&E Detailed Plans
and land between the REPLACEMENT ROAD right of way and the County line. If it is found that
it is not feasible to adjust the County line prior to acceptance of the REPLACEMENT ROADWAY,
DISTRICT will proceed with and pay for one of the alternatives discussed in the Roadway Design
Report.
(27) Provide and ensure legal access, to all properties which currently possess legal
access to the existing Vasco Roadway to a COUNTY roadway prior to the COUNTY vacation
of the existing Vasco Roadway and provide documentation thereof to COUNTY upon request
therefor.
(28) To require adjoining property owners to relinquish all abutter's rights along the
REPLACEMENT ROADWAY except at the following approved approximate access points:
STA 103+40, Right STA 310+20, Right
STA 113+20, Right STA 350+00, Left
STA 138+70, Left STA 384+00, Left
STA 142+50, Right STA 384+00, Right
STA 160+30, Right STA 403+00, Left
STA 225+00, Right STA 426+86, Left
STA 279+00, Left STA'524+50, Left
STA 622+50, Left (limited to District use only) STA 568+50, Left
STA 652+50, Right
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(29) To reimburse the COUNTY for all costs incurred by COUNTY to repair each and
every'failure of either natural or man made slopes, referred to herein as SLIDE, within the
REPLACEMENT ROADWAY right of way, excluding SLIDE's created by COUNTY negligence in
performing maintenance or repairs, except as provided in this section. For each occurrence,
the COUNTY will pay the first twenty-five thousand dollars ($25,000). Any costs until expiration
of this provision above the said first$25,000 for each occurrence up to a cumulative limit of two
million and five hundred thousand dollars ($2,500,000) shall be the responsibility of the
DISTRICT. These costs shall include labor and material for engineering and construction to
repair the SLIDE, to secure SLIDE during inclement weather, monitoring of SLIDE, and traffic
control through the SLIDE limits. Any State or Federal funding received for disaster relief for a
specific landslide shall be used to reimburse the COUNTY and DISTRICT in the same proportion
as the amounts the COUNTY and DISTRICT are contributing to the maintenance, repair,
monitoring of the SLIDE, securing SLIDE, and controlling traffic. This provision shall expire eight
years from the date the REPLACEMENT ROADWAY is accepted by the COUNTY into the County
Maintained Road System, except as to a SLIDE that the COUNTY is then monitoring or repairing
and will expire when the COUNTY SLIDE repair work is completed.
(30) To provide for future maintenance on all utility crossings by either replacing the
current utility and bringing the utility up to current standards for a roadway crossing, or by
providing an adjacent sleeve to allow the utility to relocate in the future. DISTRICT shall use its
best efforts to acquire, by negotiated purchase from utilities whose facilities cross the right of
way of the REPLACEMENT ROADWAY, such senior rights or interests therein so that repairs and
new installations of such facilities shall comply with the following conditions (or such lesser
conditions as may be satisfactory to the COUNTY):
a) For all new installations or repair of existing facilities in non-emergency
situations, no open cutting of REPLACEMENT ROADWAY will be allowed.
Directional boring, or equivalent method shall be used to install new or
replacement facilities.
b) Any repairs which require traffic control shall be in conformance with the
'Manual of Traffic Controls' and shall be done in an expedient manner.
c) Utilities shall request COUNTY to issue an encroachment permit prior to any
repair work.
d) Utilities shall be responsible for reconstructing pavement which is damaged
as a result of repairs or maintenance.
Nothing contained in this section or elsewhere in this agreement shall be construed to require
DISTRICT to pay money to acquire such senior rights or interests or to require DISTRICT to
exercise its powers of eminent domain to acquire such rights or interests.
(31) To remove all abandoned utilities within the REPLACEMENT ROADWAY right of way.
If contamination is discovered during the utility removals, the DISTRICT agrees to remediate the
entire contaminated area within the REPLACEMENT ROADWAY right of way.
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(32) To perform a preliminary Hazardous.Materials site assessment (PSA) within the
REPLACEMENT ROADWAY right of way.. The DISTRICT shall be responsible to perform
additional testing or re-mediation as recommended by the PSA.
(33) To provide COUNTY copies of all checks paid to contractor and copies of pay
estimates, to allow COUNTY to submit claims for SB-300 monies.
(34) As a condition of acceptance of the State Local Transportation Partnership Program
(SB-300) DISTRICT will cooperate and assist in the COUNTY's efforts to abide by the
State/Local Partnership Program policies procedures, guidelines and any special covenants in
the Program Supplement which is made part of this agreement by this reference.
(35) After completion of all work for the REPLACEMENT ROADWAY contract, and after
all costs are known, DISTRICT will cooperate and assist with a financial audit of the project costs
to comply with the SB-300 program, for which COUNTY shall contract. The Final Audit, shall be
accomplished at DISTRICT expense, and shall include compliance tests required by the Single
Audit Act and its implementing directive, OMB Circular A-128. A Management Letter shall be
required for the State Share funding. The compliance testing should ensure that controls are
in place to assure that:
(a) Replacement claims submitted to the State by COUNTY for the project are
supported by payment vouchers and canceled checks.
(b) Charges for the various categories of eligible costs incurred by the DISTRICT
are fully supported.
(c) Ineligible costs were not claimed as reimbursable on the project.
(d) Local match funds were from an approved source, shown in Exhibit F.
The Final Audit Report will be reviewed by the COUNTY and then sent to the appropriate
State Department of Transportation District Office. The Final Audit must be completed by
December 30th following the fiscal year (June 30) of project completion.
(36) To cooperate with the COUNTY to complete a Final Project Expenditure Report within
120 days of project completion to comply with the SB-300 program. Project completion is
defined as when all work identified in the approved State/Local Partnership Application and
Program Supplement Agreement has been,completed and final costs are known.
(37) To disclose to all property owners that all drainage improvements which are
constructed as a part of the REPLACEMENT ROADWAY contract lying outside of
REPLACEMENT ROAD right-of-way, drainage easement or slope and drainage easement will
not be maintained by the COUNTY. This notification must be made in writing, and recorded,
during the right of way acquisition phase, and state that the maintenance of said improvements
shall be the sole responsibility of the property owner or their assignee.
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(38) To restrict the use of COUNTY roadways for hauling to the existing Vasco Road,
Walnut Boulevard, and Marsh Creek Road (east of Walnut Boulevard) or to negotiate with
COUNTY to allow use of other County roadways to haul on. If other County roadways than the
said roadways are allowed,the COUNTY will require a Road Restoration Agreement, an example
is included as Exhibit G.
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ARTICLE II
COUNTY AGREES:
(1) To process COUNTY reviews in an effort to meet the DISTRICT's timetable for the Los
Vaqueros Reservoir. COUNTY approvals for the road vacation and acceptance of
REPLACEMENT ROADWAY will be processed through the County Public Works Department.
(2) To advise DISTRICT as to where deed restrictions on access to the roadway right of
way are required to be provided.
(3) To accept REPLACEMENT ROADWAY into the County Maintained Road System,
upon satisfactory completion of all work as required by this agreement and delivery of a set of
Drawings (As-Builts). Upon notice of completion of work by the DISTRICT, COUNTY will
examine work and if it is in accordance with the plans and specifications will accept work and
notify DISTRICT of such acceptance within 30 days.
(4) To provide records of conveyances to COUNTY of all existing Vasco Road right of way
to be quitclaimed to DISTRICT under this agreement and such additional information as may be
required to assist DISTRICT with the preparation of the legal description for, and to vacate
COUNTY's interest in, all existing Vasco Road right.of way to be quitclaimed to DISTRICT under
the terms of this agreement concurrent with COUNTY's acceptance of REPLACEMENT
ROADWAY into the County Maintained Road System.
(5) To convey to DISTRICT, by quitclaim, the right of way vacated by COUNTY. COUNTY
will take this action concurrent with COUNTY's acceptance of REPLACEMENT ROADWAY into
County Maintained Road System.
(6) To provide, pursuant to Article III, Section (1), oversight of REPLACEMENT
ROADWAY construction project, to provide prompt reviews and comments, as appropriate, of
submittals by DISTRICT, and to cooperate in timely processing of the REPLACEMENT
ROADWAY in compliance with the DISTRICT's delivery schedule.
(7) To issue an encroachment permit, upon a complete written application by DISTRICT,
authorizing entry by DISTRICT's staff, consultant(s), and contractor(s) onto COUNTY's right of
way to perform survey and other investigative activities required for preparation of the PS&E and
for construction work within the existing COUNTY right of way.
(8) To designate at least one County Project Representative at the expense of the
DISTRICT, who shall be a Registered Civil Engineer in the State of California. County Project
Representative shall have the authority to review design drawings and specifications during the
design of the REPLACEMENT ROADWAY. This Project Representative's work priorities will be
such that no other projects will prevent him/her from processing design plans on a continuing
cycle in compliance with DISTRICT's original schedule for the Los Vaqueros Project until final
design is complete.
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(9) To reimburse the DISTRICT one million three hundred sixteen thousand dollars
($1,316,000)' as the COUNTY contribution toward construction of the Camino Diablo Bypass.
COUNTY will apply for funding under the State-Local Transportation Partnership Program (SB
300). The first one million three hundred sixteen thousand dollars ($1,316,000) in funds received
will be used first to defray COUNTY contribution toward construction of the Camino Diablo
Bypass as stated in the PRINCIPLES OF AGREEMENT. SB-300 funds received in excess of
said amount shall be first used to defray COUNTY contributions as described in Article II Section
(15) and used then to improve capacity standards of the remainder of REPLACEMENT
ROADWAY. COUNTY shall transfer to DISTRICT any funding from a State-Local program for the
REPLACEMENT ROADWAY project. This sum shall be paid in yearly installments based on
percent received from SB-300 monies as construction of the REPLACEMENT ROADWAY
progresses, beginning one year after commencement of construction. Money from SB-300 will
be transferred to the DISTRICT after COUNTY has received reimbursement from State.
If SB-300 monies are not available, or are deficient to cover the County contribution for
construction of the Camino Diablo Bypass, County will reimburse the DISTRICT using alternate
funds. Reimbursement to the DISTRICT utilizing said alternate funds shall be paid in eight equal
yearly installments, interest free, commencing upon COUNTY acceptance of the REPLACEMENT
ROADWAY.
(10) To designate at least one COUNTY representative at the expense of the DISTRICT,
who shall have authority to accept or reject work and materials,to approve contract change
orders, and to ensure compliance with all provisions of the Encroachment Permit(s) issued to
DISTRICT and to DISTRICT's contractor. Said County representative shall be a registered Civil
Engineer in the State of California. This County Project Representative's work priorities will be
such that no other projects will prevent him/her from processing said work though completion
of construction in compliance with DISTRICT's initial construction schedule for the Los Vaqueros
Project.
(11) COUNTY shall process a minor boundary adjustment upon DISTRICT request
pursuant to Government Code section 23200 et sequitur to transfer from the County of Alameda
to COUNTY the portion of the REPLACEMENT ROADWAY and the appurtenant right of way and
embankments between approximately Stations 128 and 148 as shown in the REPLACEMENT
ROADWAY Segment B PS&E Detailed Plans. The costs of processing such boundary
adjustment shall comprise reimbursable oversight costs under Article I, Section (6) of this
Agreement.
(12) To grant an additional access on the REPLACEMENT ROADWAY to the DISTRICT
and/or East Bay Regional Park District (EBRPD), for a future Regional Park, at a location as
determined and agreed upon by COUNTY and DISTRICT and/or EBRPD.
(13) To apply for State or Federal disaster relief funding for landslides described in Article
I Section 29). Any funding received for the SLIDE shall be split proportionately, pursuant to
Article I Section (29).
12
(14) To cooperate in processing necessary entitlements or other permits upon proper
application if wind turbines located within setback area or scenic roadway corridor may remain
or must be removed.
(15) To pay for the following design upgrade, which the COUNTY required for
REPLACEMENT ROADWAY:
Upgrade County Share
Increased shoulder width $205,000
The COUNTY payment of $205,000 shall be made within one year of COUNTY acceptance of
REPLACEMENT ROADWAY, and shall be considered full payment for said design upgrade and
no additional payment will be made.
13
i
. y
t.
ARTICLE III
IT IS MUTUALLY AGREED THAT:
(1) The costs to be charged DISTRICT for COUNTY's oversight will include all actual
direct and indirect costs (functional and administrative overhead assessment) attributable to
such work applied in accordance with COUNTY's standard accounting procedures.
Reimbursable oversight costs are based on Exhibit A - Scope of Work and estimates shown in
Exhibit B.
(2) Neither COUNTY nor any officer or employee thereof is responsible for any damage
or liability occurring by reason of anything done or omitted to be done by DISTRICT under or
in connection with any work, authority or jurisdiction delegated to DISTRICT under this
Agreement, except such damage or liability as is caused by the sole negligence or willful
misconduct of COUNTY, its officers and employees. It is understood and agreed that, pursuant
to Government Code Section 895.4, DISTRICT shall fully defend, indemnify and save harmless
COUNTY, its 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
resulting by reason of anything done or omitted to be done by DISTRICT under or in connection
with any work, authority or jurisdiction delegated to DISTRICT under this Agreement, except such
injury as defined in Government Code Section 810.8 as is caused by the sole negligence or
willful misconduct of COUNTY, its officers and employees.
(3) Neither DISTRICT 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, except such damage or liability as is caused by the sole negligence or willful
misconduct of DISTRICT, its officers and employees. It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully defend, indemnify and save
harmless DISTRICT, its 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 resulting 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,
except such injury as defined in Government Code Section 810.8 as is caused by the sole
negligence or willful misconduct of DISTRICT, its officers and employees.
(4) Notwithstanding the provisions of Section (2) of this Article, once the REPLACEMENT
ROADWAY is completed and formally accepted by COUNTY into the COUNTY-maintained road
system, DISTRICT shall not be required to defend, indemnify or save harmless COUNTY, its
officers or employees from any claims, suits, or actions that arise after COUNTY accepts the
REPLACEMENT ROADWAY, whether relating to the design, construction, use operation, or
maintenance of REPLACEMENT ROADWAY, except for claims, suits or actions arising directly
or indirectly from: 1) surface waters discharged from or conveyed by the facilities described in
Section (19) of this article and flowing outside the REPLACEMENT ROADWAY right of way; 2)
hydraulic design of the interim sized Kellogg Creek crossing between the second anniversary
of the acceptance of the REPLACEMENT ROADWAY by COUNTY and the date the Los
Vaqueros Reservoir becomes operational if the Los Vaqueros Reservoir has not become
14
i
operational within two years from the acceptance of the REPLACEMENT ROADWAY by
COUNTY; 3)'the right of way acquisition process; and 4) injury as defined in Government Code
Section 810.8 resulting from warranty repair work pursuant to Section (21) of Article I of this
Agreement. In addition, once the REPLACEMENT ROADWAY is completed and formally
accepted by COUNTY into the COUNTY-maintained road system, COUNTY shall assume total
responsibility for, and shall defend DISTRICT, its officers and employees against all claims, suits,
actions or liability that arise after COUNTY accepts the REPLACEMENT ROADWAY, whether
relating to the design, construction, use, operation, or maintenance of REPLACEMENT
ROADWAY, except for claims, suits or actions arising directly or indirectly from: 1) surface waters
discharged from or conveyed by the facilities described in Section (19) of this article and flowing
outside of the REPLACEMENT ROADWAY right of way; 2) hydraulic design of the interim sized
Kellogg Creek crossing between the second anniversary of the acceptance of the
REPLACEMENT ROADWAY by COUNTY and the date the Los Vaqueros Reservoir becomes
operational if the Los Vaqueros Reservoir has not become operational within two years from the
acceptance of the REPLACEMENT ROADWAY by COUNTY; 3) the right of way acquisition
process; and 4) injury as defined in Government Code Section 810.8 resulting from warranty
repair work pursuant to Section (21) of Article I of this Agreement. An injury that occurs before
the REPLACEMENT ROADWAY is accepted by COUNTY but that is not asserted or discovered
until after acceptance shall be deemed to have arisen before COUNTY accepts the
REPLACEMENT ROADWAY.
(5) Nothing in this Agreement shall be construed to: 1) impose any standard of care or
obligation in favor of third parties greater than that normally imposed by law; or 2) affect the
obligations or liabilities of third parties involved in the design, construction or right of way
acquisition for the REPLACEMENT ROADWAY, including without limitation the consultants,
subconsultants, contractors and subcontractors involved in such work. Upon formal acceptance
of the REPLACEMENT ROADWAY into the COUNTY-maintained road system, COUNTY shall
succeed to the rights of DISTRICT under all agreements between DISTRICT and third parties
relating -to the design, construction or right of way acquisition for the REPLACEMENT
ROADWAY, and upon request by COUNTY, DISTRICT shall promptly assign such agreements
to COUNTY, as necessary to enable COUNTY to assert rights against the third parties. Should
any claim, suit or action be filed against DISTRICT, including a claim for comparative indemnity,
such assignment shall not preclude DISTRICT from also asserting rights against the third parties.
Notwithstanding the assignment of any agreement to COUNTY, DISTRICT shall remain
responsible for performing all obligations on its part under such agreement, including without
limitation all financial obligations.
(6) DISTRICT may terminate the REPLACEMENT ROADWAY.project and this Agreement
in writing, provided DISTRICT pays COUNTY for all REPLACEMENT ROADWAY oversight costs
incurred by COUNTY prior to termination and its own expense restore all existing COUNTY
roadways to their former condition. Termination shall not affect the provisions of Section (4) of
this Article which shall survive such termination.
(7) The parties hereto will carry out the REPLACEMENT ROADWAY project in accordance
with the Scope of Work, made part of this Agreement as Exhibit A which outlines the specific
responsibilities of the parties hereto. The attached Scope of Work may in the future be modified
to reflect changes in the responsibilities of the respective parties. Such modifications shall be
15
concurred with by DISTRICT's Program Manager or other official designated by DISTRICT and
COUNTY's Director of Public Works or other official designated by COUNTY and become a part
of this Agreement as a supplement to this Agreement after execution by the respective officials
of the parties.
(8) DISTRICT shall not advertise for bids to construct any portion of REPLACEMENT
ROADWAY within the proposed COUNTY rights of way until DISTRICT'S contract plans and
specifications involving such work and plans for utility relocations impacting 'REPLACEMENT
ROADWAY have been reviewed by and signed by signature of the COUNTY Director of Public
Works or his delegated agent.
(9) Receipt by DISTRICT of an approved Encroachment Permit shall constitute DISTRICT's
authorization from COUNTY to proceed with work to be performed by DISTRICT or its
consultants within then existing COUNTY rights of way or which affects then existing COUNTY
facilities, pursuant to work covered by this Agreement. DISTRICT's authorization to proceed with
said work shall be contingent upon DISTRICT's compliance with all provisions set forth in this
Agreement and said Encroachment Permit.
(10) DISTRICT'S construction contractor shall maintain in force, until completion and
acceptance of REPLACEMENT ROADWAY construction contract, a policy of Contractual Liability
Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in
accordance with Exhibit E and Article 1, Section (11) of this agreement. Such policy shall
contain an additional insured endorsement naming COUNTY, its officers, agents and employees
as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form
satisfactory to COUNTY which shall be delivered to COUNTY before the issuance of an
Encroachment Permit to DISTRICT'S contractor.
(11) In construction of said REPLACEMENT ROADWAY representatives of DISTRICT and
COUNTY will cooperate and consult, and all work pursuant to REPLACEMENT ROADWAY shall
be accomplished according to the approved plans, specifications and applicable COUNTY and
Caltrans standards. Satisfaction of these requirements shall be verified by the COUNTY
representative. The COUNTY representative is authorized to enter DISTRICT property during
construction for the purpose of monitoring and coordination construction activities. Existing
Vasco Road shall remain open to public travel during construction of REPLACEMENT
ROADWAY. Upon DISTRICT accepting the completion of the construction contract pursuant to
Article I, Section (18), DISTRICT may request that COUNTY close a portion of existing Vasco
Road. COUNTY, to the extent allowed by law, will authorize a partial closure of existing Vasco
Road under the following conditions: 1) REPLACEMENT ROADWAY is permanently opened and
maintained by the DISTRICT to public travel until acceptance of the REPLACEMENT ROADWAY
by COUNTY; 2) DISTRICT shall comply with all reasonable conditions imposed by the COUNTY
for proper closure to public travel for existing Vasco Road; 3) DISTRICT shall agree to pay all
costs incurred by the COUNTY in authorizing said closure including any actions required to
satisfy CEQA; and 4) DISTRICT shall apply for an encroachment permit before performing work
on the existing Vasco Road. If for any reason the DISTRICT reservoir project is abandoned,
subsequent to closure of existing Vasco Road, the DISTRICT agrees to restore said road to the
condition prior to closure and remove all road closure traffic control measures.
16
(12) Any changes during construction to REPLACEMENT ROADWAY plans and
specifications shall be implemented by contract change orders timely reviewed and concurred
in by the COUNTY and DISTRICT representatives. COUNTY will not arbitrarily withhold approval
of contract change orders. All changes affecting public safety or public convenience, all design
and specification changes, and all major changes as defined in Caltrans Construction Manual
shall be approved by COUNTY in advance of performing the work. Unless otherwise directed
by the COUNTY representative, changes authorized as provided herein will not require an
encroachment permit rider. All changes shall be shown on the Record Drawings (As-Builts)
referred to in Article I, Section (19) of this Agreement. The parties recognize that they may not
be able in every instance to agree upon contract change orders or other changes described in
this section, and in order to facilitate timely resolution of such matters, agree to promptly submit
such matters for binding decision to a Dispute Resolution Board or similar panel which shall be
composed of one member appointed by each party and a third member appointed by the first
two members.
(13) DISTRICT shall provide a construction claims process acceptable to COUNTY and
shall process any and all claims through DISTRICT's claim process. The COUNTY
representative shall be made aware, in writing,of all construction claims.
(14) Upon acceptance of REPLACEMENT ROADWAY by COUNTY, COUNTY will accept
control of and maintain, at its own cost and expense, those portions of REPLACEMENT
ROADWAY lying within Contra Costa County, including right of way and shall accept control of
and maintain all structures within the right-of-way of the REPLACEMENT ROADWAY, including
without limitation culverts for drainage only purposes, dry culverts for wildlife crossing purposes,
and right of way fencing except for environmental mitigations which have been specified in
Article I Section (22), reimbursement of SLIDE cost as specified in Article 1 Section (29), and the
one year warranty specified in Article 1 Section (21).
(15) That upon COUNTY's acceptance of all work under this Agreement, ownership and
title to materials, equipment and appurtenances which are installed within COUNTY'S right of
way will automatically be vested in COUNTY and materials, equipment and appurtenances which
are installed.will be owned by COUNTY except for environmental mitigations which have been
specified in Article I Section (22). No further agreement will be necessary to transfer the existing
Vasco Road as hereinabove stated unless COUNTY and DISTRICT mutually identify the need
for a subsequent agreement.
(16) 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
incorporated herein shall be binding on any of the parties hereto.
(17) If any material, composition, process or any other thing as called for or required by
the aforesaid plans and specifications is covered by patent rights, copyrights, or trade names,
all royalties and expenses therefor, all litigation therefrom, or other things whatsoever which may
develop as a cost from the use of such material, composition, process or any other thing which
is covered by patent rights, copyrights, or trade names, shall be borne solely by DISTRICT.
17
(18) DISTRICT shall require that its construction contractor shall maintain in force, until
completion and acceptance of REPLACEMENT ROADWAY construction contract, and furnish
evidence of the insurance coverage set forth on Exhibit E.
(19) During construction and prior to acceptance of the REPLACEMENT ROADWAY by
COUNTY, a joint determination will be made by both the DISTRICT and the COUNTY as to which
drainage facilities do not collect or adequately convey surface waters without diversion or
damage to a natural water course having definable bed and banks as defined in Section 914-
2.004 of the COUNTY Ordinance Code. If a joint determination cannot be made, binding
arbitration shall be implemented. The arbitrator shall be acceptable to both parties, and
DISTRICT shall be responsible for all costs associated with the arbitration process.
(20) This Agreement shall be assignable by either party with the written consent of the
other party, which consent shall not be unreasonably withheld. Such assignment shall be to
another public entity. Any other purported assignment shall be void.
18
CONTRA WATER DISTRICT CVCh
OF ON COSTA
By.Joseph L Ca ell, President oard of Supervisors
Board of Directors
A T: ATTEST:
Phil Batchelor, Clerk Board of Supervisors
and County Administrator
Secreta
APPROVED AS TO FORM:
By: By:
District Counsel Deputy
RECOMMENDED FOR APPROVAL:
J. Michael Walford
Public Works Director
P Works r
FORM APPROVED:
VICTOR J. WESTMAN, County Counsel
By: AV
Deputy County Counsel
MC.jlg.fp
avrcad.dff
1vs/93
19
EXHIBIT A .
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for design, right of way, and
construction activities for the REPLACEMENT ROADWAY as necessitated by the DISTRICT'S
construction of the Los Vaqueros Reservoir.
1.) COUNTY shall participate in the regular scheduled bi-weekly trend meetings in the
development of a Roadway Design Report. COUNTY will review and approve all technical
reports, studies, and plans, and provide all necessary oversight and support through
construction of the REPLACEMENT ROADWAY.
2) COUNTY shall participate in the consultant selection process for the construction
management consultant.
3) All phases of the project,from inception through construction, whether done by DISTRICT
or COUNTY will be developed in accordance with the policies, procedures, practices,that
DISTRICT OR COUNTY would normally follow; and design standards of the California
Department of Transportation.
4) The following detailed steps in the design, right of way, and construction activities are
intended as a guide to COUNTY and DISTRICT staff.
I_ DESIGN PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY COUNTY DISTRICT
1. ROADWAY ALIGNMENT
Provide Geometrics X
Review Geometrics X
Obtain Surveys & Aerial Mapping X
Obtain Copies of Assessor Maps
and other R/W maps X
Obtain Copies of As-Builts X
Review Final Geometrics X
Determine Need for Permits from
Other Agencies X X
Request Permits X
Initial Hydraulics Discussion
with County staff X X
Initial Traffic & Signing
Discussion with County staff X X
Plan Sheet Format Discussion X X
2. ENGINEERING STUDIES AND REPORTS
Prepare and Submit Materials
Report & Typical section X
Review and Comment Materials
Report & Typical section X
Prepare and Submit Hydraulic
Design Studies X
Review and Comment Hydraulic
Design Studies X
Prepare and Submit Roadway Design Report X
Review and Accept Design Report X
Prepare and Submit Foundation Report X
Review Foundation Report X
Prepare & Submit Structure Type Selection X
Review Structure Type X
3. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
RESPONSIBILITY
PROJECT ACTIVITY COUNTY DISTRICT
Prepare and Submit Preliminary Stage
Construction Plans X
Review Preliminary Stage Construction Plans X
Calculate and Plot Geometrics X
Cross-Sections & Earthwork Quantities
Calculation X
Prepare and Submit Preliminary
Drainage Plans X
Review Preliminary Drainage Plans X
Prepare Traffic Striping and
Roadway Delineation Plans and
Submit for Review X
Review Traffic Striping
and Roadway Delineation Plans X
Prepare & Submit Erosion Control Plans X
Review Erosion Control Plans X
Prepare & Submit Preliminary
Electrical Plans X
Review Preliminary Electrical
Plans X
Prepare & Submit Preliminary
Signing Plans X
Review Preliminary Signing Plans X
Quantity Calculations X
Safety Review X
Prepare Specifications X
Prepare and Submit Checked
Structure Plans X
Review Checked Structure
Plans X
Prepare Final Contract Plans X
Prepare Lane Closure Requirements X
Review Lane Closure
Requirements X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X i
Review Draft PS&E X
Finalize & Submit PS&E to County X i
Prepare Project Files X
Prepare Resident Engineer's Files X
Advertise Contract X
I
I
RESPONSIBILITY
PROJECT ACTIVITY COUNTY DISTRICT
Open Bids X
Contract Award Recommendations X X
Award Contract X
File Notice of Intent for NPDES with State
Water Board X
II. RIGHT OF WAY ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY COUNTY DISTRICT
Request Utility Verification X
Request Preliminary Utility
Relocation Plans from Utilities X
Prepare R/W Requirements X
Prepare R/W and Utility Relocation
Cost Estimates X
Submit R/W Requirements & Utility
Relocation Plans for Review X
Review and Comment on R/W
Requirements X
Longitudinal Encroachment Review X X
Concur on Longitudinal Encroachment X X
Request Final Utility Relocation
Plans X
Check Utility Relocation Plans X
Submit Utility Relocation Plans for
Approval X
Review Utility Relocation Plans X
Submit Final R/W Requirements for
Review & Approval X
Fence and Excess Land Review X
R/W Layout Review X
Approve R/W Requirements X
Review R/W Requirement X
Obtain Title Reports X
Complete Appraisals X
Prepare Acquisition Documents X
Review Acquisition Documents X
Acquire R/W
- Open escrows and Make
Payments X
RESPONSIBILITY
PROJECT ACTIVITY COUNTY DISTRICT
- Obtain Resolution of Necessity X
- Perform Eminent Domain
Proceedings X
Perform Property Management
Activities X
Perform R/W Clearance Activities X
Transfer R/W to COUNTY
- Review and Approve Transfer Documents X
- Accept and Record Transfer Documents X
Prepare R/W Record Maps X
Place R/W Monumentation X
Prepare R/W Monumentation Record Maps X
Process Record of Survey Map X
Process Minor Boundary Adjustment X
Wind Turbine Process X
III. CONSTRUCTION ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY COUNTY DISTRICT
Provide Construction Management
and Resident Engineer X
Provide Inspection Staff, Survey,
and Materials Testing X
Provide Construction Management
Oversight, including witness tests X
Administer Contract including
Payment X
Prepare & Submit Contract Change
Orders X
Approve Contract Change Orders X X
Accept Contract X X
Prepare Record Drawings X
Prepare final reports, including geotechnical X
Prepare Record of Survey X
EXHIBIT B
ESTIMATED COSTS REIMBURSABLE TO COUNTY BY DISTRICT
I. Costs incurred from August 1, 1990 through September 30, 1993: $269,245.93
II. Estimated costs from October 1, 1993 to November 1995:
Design Phase: October 1993 till January 31, 1994 anticipated charges:
October 1993 = $7,600
3 Months x $7,500 = $22,500
Pre-construction
Phase: February 1, 1994 till June 30, 1994 anticipated charges:
5 months x $5,500/month = $27,500
Construction Phase: July 1, 1994 till August 31, 1995 anticipated charges:
14 months x $13,500/month = $189,000
Post-Construction
Phase: September 1, 1995 till November 1995 anticipated charges:
3 months x $9,000 = $27,000
The estimated cost reimbursable to COUNTY by DISTRICT from October 1, 1993 till the
proposed acceptance of the REPLACEMENT ROADWAY by COUNTY is $273,600. This
is only an estimate, COUNTY charges could vary due to the length of the project and the
review effort required.
EXHIBIT D
PRINCIPLES OF AGREEMENT
VASCO ROAD REPLACEMENT,
County Line Alignment (Modified)
I. PURPOSE
1. The purpose of this document is to outline and summarize the
principles that have been agreed to- by the staffs of the
Contra Costa Water District (District) and the County of
Contra Costa with respect to the relocation of Vasco Road as
required by the Los Vaqueros Reservoir project. These
principles of agreement will be used by the District in their
work to implement the Los Vaqueros Project. The parties
recognize that these Principles of Agreement will be used by
the staffs of the agencies in their recommendations to the
Boards of Supervisors and the District Board and in no way
bind the various agencies to any specific action and/or
decision which requires the approval of the respective
governing body.
II. REPLACEMENT FACILITY
1. District agrees to fund completion of a replacement for Vasco
Road along the County Line Alignment (Modified) as described
in the Final Environmental Impact Report (FEIR) for the Vasco
Road and Utility Relocation Project (herein called
"replacement roadway") .
2 . The replacement roadway will be constructed to the standards
outlined in Section V below.
3 . District identified six alternatives as possible replacements
for Vasco Road - Brushy Peak, Brushy Creek, County Line, West
Kellogg, East Los Vaqueros and Mountain House. All parties
agree the West Kellogg, East Los Vaqueros and Mountain House
alignments are not desirable replacements for Vasco Road. The
West Kellogg and East Los Vaqueros alignments require
substantial cuts and fills, are located within the future
watershed and would preclude construction of either the
Kellogg or Los Vaqueros Reservoir as well as require
additional measures to protect water quality. The Mountain
House alternative would result in the elimination of an
existing road corridor between Alameda and Contra Costa
Counties and impact traffic on Interstate 580 over the
Altamont Pass.
During the process of evaluating the three remaining
alternatives (Brushy Peak, Brushy Creek and County Line) ,
Alameda County raised the issue of modifying design standards
with respect to the County Line Alternative. Additional
studies were conducted on the County Line Alternative which
resulted in redefining this alternative, now referred to as
i
County Line Alternative (Modified) .
Of the three remaining alternatives, all parties agree that,
when all factors are considered, the only mutually acceptable
alternative is the County Line Alternative (Modified) . The
Brushy Peak alternative is impractical due to environmental
impacts and cost and the Brushy Creek alternative is not
desirable to Alameda County because of impacts to existing
roadways including Altamont Pass Road and the Greenville
Interchange on 1-580, and is not compatible with current Route
84 concepts.
4 . County staff agrees to urge the Contra Costa County Board of
Supervisors to contribute a maximum of $1,316 , 000 to the
District toward construction of the Camino Diablo Bypass
identified in the Vasco Road and Utility Relocation EIR as a
mitigation to reduce the impact to residents along Camino
Diablo. It is anticipated that the likely source of these
funds will come from the East Contra Costa County Area of
Benefit and/or funds described below in Section II.5.
S . County staff, on behalf of and in cooperation with Alameda
County and the District, agrees to apply for funding (wit!-:
concurrence by the Contra Costa County Board of Supervisors)
under the State/Local Partnership program for the per':icn of
the project that improves design standards in order to
increase public safety. Any funds received will be used f =st
to defray Contra Costa County's contribution descriZed in
number 4 above, then to improve vertical and horizontal design
standards on the relocated road and then to imnrcve portions
of Vasco Road in Alameda County south of the relocated Vasco
Road. Contra Costa and Alameda will jointly decide on how"any
additional funds are to be used. If significant environmental
impacts are anticipated as a result of such improvements that
were not covered in the Vasco Road and Utility Relocation EIR,
supplemental environmental review will be necessary.
III. COOPERATION
1. District will secure all necessary permits and approvals from
other regulatory agencies for the relocation project. County
agrees to assist and cooperate in this effort.
2. Both parties agree to cooperate in the issuance of required
local government permits for the project.
IV. PROCESS
1. County agrees to consider the District's Vasco Road and
Utility Relocation. EIR as set forth in California Code of
Regulations, title 14, section 15096 in acting upon General
Plan amendments, Road Vacations, Encroachment Permits, Road
Improvement Agreements, Cooperative Agreements and other
similar actions relating to the relocation of Vasco Road.
2 . District has submitted a request to County to amend the
Circulation Element of the Contra Costa General Plan to
reflect the relocation of Vasco Road along the County Line
Alignment (Modified) . Contra Costa Community Development
Department (CDD) intends to initiate proceedings for the
District's request during February 1991. All parties agree
that it would be beneficial to have amendments to the
Circulation Element of the Contra Costa General Plan complete
as early as possible.
Contra Costa CDD and Public Works further agree that,
concurrent with processing of the amendment to the Circulation
Element, to initiate Public Hearings to consider a Conditional
Vacation of existing Vasco Road. The hearings will be
conducted pursuant to Streets and Highways Code Section 8300
et seq. .
Upon completion of the amendment to the circulation element of�
the County' s General Plan and approval of the Conditional Road
Vacation, County intends to enter into a Cooperative Agreement
with the District. The Agreement will detail County' s
contribution to the project (for an improved connection to
Walnut Boulevard north of Camino Diablo) as well as the
conditions under which County will accept the replacement
roadway into its maintained road system.
3 . District agrees to pay all required fees and reimburse all
expenses incurred by County in processing General Plan
.amendments, Road Vacations, and other similar regulatory
actions required for the relocation of Vasco Road to occur.
V. STANDARDS
1. The replacement roadway will consist of a two lane roadway on
the County Line Alignment (Modified) as described in the final
EIR. With the exception of the segment of the project that
rejoins, existing Vasco Road (Segment C in the final EIR) , the
project will be constructed in accordance with California
Department of Transportation (Caltrans) standards for rural
highways in rolling terrain.
Caltrans standards for rural highways in rolling terrain
generally consists of the following:
. design speed of 55-65 miles per hour (equivalent to
posted speeds of 45-55 mph)
. minimum curve radius of 1, 000 feet
• maximum vertical grade of 5 to 7 percent
• 12-foot-wide lanes with 8-foot-wide shoulders
• truck traffic design volume of 3 percent, and
• climbing lanes for grades greater than 2 percent and
elevation changes greater than 250 feet
2 . Th'e portion of the roadway that rejoins existing Vasco Road
(Segment C) will be constructed in accordance with Caltrans
standards for rural highways in mountainous terrain.
Caltrans standards for rural highways in mountainous terrain
generally consists of the following:
• design speed of approximately 50 miles per hour
(equivalent to posted speeds of 45 mph)
• minimum curve radius of 800 feet
• maximum vertical grade of 7 percent
• 12-foot-wide lanes with 8-foot-wide shoulders
• truck traffic design volume of 5 percent, and
• climbing lanes for grades greater than 2 percent and
elevation changes greater than 250 feet
3 . The standards outlined in Sections 1 and 2 above are minimum
standards. It is the intent of the parties that the project
be constructed at least to the standards developed by Tutor
Engineering in their report entitled "Vasco Road Relocation
Final Alignment Report" dated February 1990 as supplementad by
cost estimates dated July 11, 1990 and plan/ profile sheets
dated August 6, 1990. The report-, cost estimates and plans
are hereby incorporated into this Principals of Agreement by
reference.
County and the District agree that it would be desirable to
construct the replacement roadway to the highest possible
standards. All parties agree to work to increase the
horizontal and vertical alignment standards when technically
and economically feasible.
VI. IMPLEMENTATION
1. District will administer contracts with consultants related to
the planning and design of the replacement for Vasco Road.
2 . County agrees to designate a project manager with authority to
review and approve design drawings and specifications during
the design of the replacement roadway at District expense.
The manager's work priorities will be such that no other
projects will prevent the engineer from processing design
plans on a continuing cycle until final design is complete.
3 . County and the District, in cooperation with Alameda County,
agree to jointly determine who will advertise and award the
construction contract for the relocation project on or before
December 31, 1991. District and County, in cooperation with
Alameda County, will agree upon the construction schedule.
Timely construction of the relocated Vasco Road is important
to the Los Vaqueros Project. The relocation must be complete
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prior to the beginning of the construction of a dam for the
Las Vaqueros Project.
4 . District will reimburse actual costs incurred by County in the
administration of construction contracts.
5. District will reimburse the County through a purchase order
for their cost to oversee, advise and coordinate this project
from August 1, 1990 to the date when the cooperative agreement
is executed.
These Principles of Agreement shall be effective only if approved
and executed by all parties and shall continue in effect until
terminated by mutual agreement of the parties.
share\Countin.mod
EXHIBIT E
1. INSURANCE REQUIREMENTS.
1.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense,
all the insurance required by INSURANCE REQUIREMENTS, and shall submit
coverage verification for review and approval by the DISTRICT upon execution of
the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and
the Contractor shall not commence work, until such insurance has been approved
by the District. The Contractor shall not allow any subcontractors to commence
work on its subcontract until all similar insurance required of the subcontractor has
been obtained and verified by Contractor. Such insurance shall remain in full force
and effect at all times during the prosection of the Work and until the final
completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such
insurance as required by INSURANCE REQUIREMENTS.
1.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a
Commercial General Liability Policy, on an occurrence basis, with a five million
dollars ($5,000,000) combined single limit for bodily injury and property damage,
and five million dollars ($5,000,000) per project aggregate, for all of the following:
a. Premises Operations, including Explosion, Collapse and Underground (X,
C, and U) coverage.
b. Completed Operations/Products, including X, C, and U coverage.
C. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000) per claim.
f. Subsidence.
g. Broad form property damage.
1.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a
Commercial Business Auto Policy, on an occurrence basis, with a minimum
amount of not less than Five Million Dollars ($5,000,000) combined single limit for
bodily injury and property damage, providing at least all of the following
coverages:
a. Coverages shall be applicable to any and all leased, owned, hired, or non-
owned vehicles used in pursuit of any of the activities associated with this
Contract.
b. Any and all mobile equipment, including cranes, which are not covered
under said Commercial Business Auto Policy shall have said coverage
provided for under the Commercial General Liability Policy.
C. Deductible shall not exceed One Thousand Dollars ($1,000).
1.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's
Compensation and Employers' Liability insurance providing coverage for any and
all employees of Contractor:
a. The required policy shall provide statutory coverage under Workers'
Compensation Law (Coverage A).
b. This policy shall provide 'coverage for Five Million Dollars ($5,000,000)
Employers' Liability (Coverage B).
C. Provide a waiver of Subrogation Endorsement.
1.5 Builder's Risk Insurance
1.5.1 Standard Coverage - The Contractor shall cause to be taken out, and
maintain in the name of the District and the Contractor until final completion
and acceptance of the project, Special Form (Course of Construction)
Builder's Risk Insurance including but not limited to coverage against loss
of damage to the project by fire, lightning, wind, hail, aircraft, riot, vehicle
damage, explosion, smoke, falling objects, vandalism, malicious mischief,
collapse, earth movement (subsidence) and other such hazards as are
normally covered by such coverage. Such insurance shall be in an amount
equal to the replacement cost (without deduction for depreciation and
subject to stipulated value in lieu of average clause) of all construction
constituting any part of the work, excluding the cost of excavations, of
grading and filling of the land, and except that such insurance may be
subject to deductible clauses not to exceed $10,000 for any one loss. Such
insurance will not cover loss or damage to the Contractor's equipment,
scaffolding or other materials not to be consumed in the construction of the
project.
a
1.5.2 Earthquake and Flood Coverage - In addition to and within the terms
specified in Paragraph 1.5.1 Standard Coverage, except as modified herein,
earthquake and flood insurance shall be provided. Earthquake coverage
shall be for earthquakes equal to or less than a magnitude of 3.5 on the
Richter Scale. Earthquake and flood insurance may be subject to
deductible clauses not to exceed five percent (5%) of such replacement
cost for any one loss.
1.5.3 Subrogation - The District and Contractor hereby waive their rights of
subrogation against each other. The Contractor shall obtain from the
insurer a recognition that a waiver of subrogation endorsement for losses
caused by fire or other perils to the extent covered by this insurance is
provided. Contractor shall pay any extra premium required therefor. ,
1.6 All of the following endorsements are required to be made a part of the policies
described in INSURANCE REQUIREMENTS:
a. The District and District's employees, officers, design consultants, elected
officials, Construction Administrator, agents, and subconsultants are hereby
added as additional insureds insofar as Work done under this Contract is
concerned.
b. Contra Costa County and its employees, officers, elected officials and
agents are hereby added as additional insureds insofar as Work done
under this Contract is concerned.
C. This policy shall be considered primary insurance as respects to any other
valid and collectible insurance, including self-insured retention, the District
or County may possess, and any other insurance the District or County
does possess shall be considered excess insurance only.
d. This insurance shall act for each insured, and additional insured, as through
a separate policy had been written for each. This, however, will not act to
increase the limit of liability of the insuring company.
e. Thirty (30) days prior written notice of cancellation shall be given to the
District. Such notice shall be sent to:
Diane Hedlund
2300 Stanwell Drive
P.O. Box H2O
Concord, California 94524
1.7 Change in Terms
The Contractor shall provide immediate written notice to the District of any change
in terms and conditions and/or reduction in the coverage of any nature to the
insurance policies. The notice shall be sent to the location identified in Paragraph
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1.6e, Endorsements. The Contractor shall be obligated to pay any extra premium
for maintaining the insurance requirements specified herein.
1.8 Occupancy
The District reserves the right to occupy existing facilities under construction or to
use or occupy parts of the Work. Insurance policies shall not restrict or limit such
use.
2. INDEMNIFICATION
Contractor shall defend, indemnify, save and hold harmless DISTRICT and COUNTY their
governing bodies, officers and employees from any and all claims, costs and liability for
any damages, injury or death arising directly or indirectly from, or connected with, the
work performed hereunder and due to, or claimed or alleged to be due to, negligence
or willful misconduct of the contractor, the Contractor's officers, employees, agents,
subcontractors, or any person under their direction or control, save and except claims
or litigation arising through the sole negligence or sole willful misconduct of DISTRICT or
COUNTY, and will make good to and reimburse the indemnitees for any expenditures,
including reasonable attorney's fees, the indemnitees may make by reason of such
matters and, if requested by any of the indemnitees, will defend any such suits at the sole
cost and expense of the contractor.
EXHIBIT F
FUND TYPE L-R MAT
Gas Tax-2104 State vo
Gas Tax-2105 State �10
Gas Tax-2106 State N
Gas Tax-2107 Stam No
Revenue Sham" Fede:-U No
iitde 23 Federal Idd Urban, Federal .did Secondary, Federal
No
Bridge Repfacement, Hard Elimination Safety,
Combined Road Plan' -
State Exchange F,=ds State No
Section 190 State/Fede ai N
Developer Cont.ibudon P7Wate No
General Fund Varves Yes
T..- =orradoa Development Ac; Funds (noa Federal) Local Yes
P-ooe_-v Taxes Local Yes
US Forest Service Timber RC--Zipts Local Yes
(in-lieu properly tax)
Assessment District Local Yes
Loral Bonds Local Yes
Local Safes Tax (Prop l-feasure) Loaf Yes
Uniform Developer Fees. Locz.f Yes
Fines and Forfeitures Local Yes
Major Thoroughfares Fund Local Yes
Brokered CRP Funds Loral Yes
EXHIBIT G
v At
ROAD RESTORATION AGRED4W
(S2) Road: (S2) Effective Date:
(S1) Developer: (S2) Completion Period:
(S1) Development:
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER: (Name and Title)
J. Michael Walford
City Engineer
By:
RECOMMENDED FOR APPROVAL:
BY:
ngineering Services ivision
(NOTE: All signatures to be acknowledged..
If Subdivider is incorporated, signatures
must conform with the designated representative
groups pursuant to Corporations Code S313. )
State of California )ss ACKNOWLEDGEMENT (By Individual , Partnership or
County of Contra Costa ) . Corporation)
On the date written below, before the undersigned Notary Public, personally appeared
known or proved on t e asis of satisfactory evidence) to be the persons whose
name(s) is (are) subscribed to the above instrument, and acknowledged that he, she or
they executed it, or acknowledged that the partnership named above executed it, or
acknowledged that the corporation named above executed it pursuant to its by laws or a
resolution of its board of directors.
Dated: Signature:
Name (Typed or rinte
(This area for official notarial seal .
1. PARTIES & DATE. Effective on the above date, the County of Contra Costa,
California, ereinafter called "County," and the above-named Developer, mutually
promise and agree as follows concerning this acceptance:
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', !PURPOSE. Developer desires to use, for the purpose of construction access,
(name of county road(s) ) which is/are
not designedor such use. County agrees to such use it Ueveloper maintains the
road(s) , and if at the completion of Developer's construction activities, Developer
restores the road(s) as herein promised.
3. ROAD MAINTENANCE. Developer agrees to maintain the road base and road surface in
a condition equal to its original condition. Road maintenance shall include, but
not be limited to, pot hole repair, base repair, subgrade repair, and asphalt
overlay to correct road failures, pumping of base or subgrade, "washboard"
conditions and other related road damage caused by construction access. Road
maintenance shall be performed on a daily basis, as necessary, includinq weekends
and holidays, from the time the road is initially used by Developer for
construction access until the road is restored by Developer at the end of
Developer's construction activities.
4. RESTORATION WORK. Developer agrees to perform the road work necessary to restore
e road( s) o a condition equivalent to or better than the original condition of
the road(s) prior to use by Developer for construction access. The original
condition of the road(s) is generally described in Exhibit "A" attached hereto.
Said road work shall include, but not be limited to, acceptable preparation and
compaction of the underlying subgrade, if damaged; acceptable preparation and
compaction of the base material ; and acceptable preparation, placement and
compaction of the surfacing material .
At any time during the life of this agreement, if daily road repair work or road
restoration work performed by Developer has not resulted in an acceptable road
surface continuity, as determined by County, Developer shall at request of County
apply a double chip seal over an acceptably prepared base. The base for a gravel
road shall consists of a minimum of 6 inches of compacted aggregate base rock.
These requirements are in addition to those set forth in the following paragraph.
Developer shall , no later than the Completion Period specified on page 1 of this
agreement, complete said road restoration work (hereinafter called "work") in a
good and workmanlike manner, in accordance with accepted construction practices
and all requirements of the County Ordinance Code, including, but not limited to,
the requirements contained in Divisions 98 and 1002 of the County Ordinance
code. Said work shall be subject to the inspection and approval of the Public
Works Department. Developer agrees to notify the Public Works Department
Construction Inspection Division at 372-4480 at least 48 hours prior to the start
of any work to arrange for inspection.
S. RESTORATION SECURITY. Upon executing this agreement, the Developer shall provide
as security to e unty:
A. For Performance: $ cash, plus additional security, in the
amount o w is together total one hundred percent (100%)
of the estimated cost of the work. Such additional security is presented in
the form of:
Cash, certified check, or cashier's check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
Other (to be approved by the Public Works Department) .
With this security, the Developer guarantees performance under this agreement.
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1
r
For Payment: Security in the amount of S which is fifty
,percent ) of the estimated cost of the work. Suc security is presented
• in the form of:
Cash, certified check, or cashier's check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
Other (to be approved by the Public Works Department).
With this security, the Developer guarantees payment. to the contractor, to
his subcontractors, and to persons renting equipment or furnishing labor or
materials to them or to the Developer.
C. Ninety days after satisfactory completion of the work and acceptance of the
work as complete by the Board of Supervisors, County will release the
security or securities furnished by Developer.
6. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of
work and/or materials or statement by any officer, agent or employee of the County
indicating the work or any part thereof complies with the requirements of this
agreement, acceptance of the whole or any part of said work and/or materials, or.
payments therefor, or any combination r all of these acts, shall not relieve the
Developer of his obligation to fulfill this agreement as prescribed; nor shall the
County be thereby be stopped from bringing any action for damages arising from the
failure to comply with any of the terms and conditions hereof.
7. INDEMNITY. Developer shall defend, hold harmless and indemnify the indemnitees
from thii—liabilities as defined in this section:
A. Theindemniteesbenefited and protected by this promise are the County and
its special diRricts, elective and appointive boards, commissions, officers,
agents and employees.
B. The liabilities protected against are any liability or claim for damage of
any kind allegedly suffered, incurred or threatened because of actions
defined below, and including personal injury, death, property damage,
inverse condemnation, or any combination of these, and regardless of whether
or not such liability, claim or damage was foreseeable at any time before
the County issued said use permit or encroachment permit or accepted the
work as complete, and including the defense of any suit(s), action(s) or
other proceedings(s) concerning said liabilities and claims.
C. The actions causing liability are any act or omission (negligent or
non-neg igen in connection wit the matters covered by this agreement and
attributable to the Developer, contractor, subcontractor or any officer,
agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned
or epen ent on whether or not any indemnitee has prepared, supplied, or
reviewed any plan(s) or specification(s) in connection with this work or
subdivision, or has insurance or other indemnification covering any of these
matters, or that the alleged damage resulted partly from any negligent or
willful misconduct of any indemnitee provided, however, that the obligation
to indemnify shall not apply to death, injury, loss, damage, or expense
3
A. arising from the sole negligence or willful misconduct of County or County's
agents, servants, or independent contractors who are directly responsible to
County, or arising from County's active negligence.
8. COSTS. Developer shall pay when due, all the costs of the work, including.
inspections thereof and relocating or adjusting existing utilities required
thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the
ime specified in this agreement, and subsequent extensions, or fails to maintain
the work, the County may proceed to complete and/or maintain the work by contract
or otherwise, and Developer agrees to pay all costs and charges incurred by the
County (including, but not limited to engineering, inspection, surveys, contract,
overhead, etc. )immediately upon demand.
Once. action is taken by County to complete or maintain the work, Developer agrees
to pay all costs incurred by the County, even if Developer subsequently completes
the work.
Should County sue to compel performance under this agreement or to recover costs
incurred in completing or maintaining the work, Developer agrees to pay all
attorney's fees, and all other expenses of litigation incurred by County in
connection therewith, even .if Developer subsequently proceeds to complete the work.
10. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work
as complete, the development is included in territory incorporated as a city or
is annexed to an existing city, the County's rights under this agreement and/or
any deposit, bond, or letter of credit securing said rights, shall be transferred
to the new or annexing city. Such city shall have all the -rights of the third
party beneficiary against Developer -who shall fulfill all the terms of this
agreement as though Developer had contracted with the city originally.
11. CONSIDERATION. In consideration hereof:
County shall allow Developer to obtain building permits, use permits or
encroachment permits for said development, assuming it fully complies with other
applicable regulations.
AG:28
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