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HomeMy WebLinkAboutMINUTES - 12032002 - C6-C10 VA TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 3, 2002 SUBJECT: Vasco Road at Camino Diablo Intersection Improvements Project No.: 0662-6R4097 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE the Public Works Director to add the Vasco Road at Camino Diablo Intersection Improvements project to the Capital Road Improvement Program and; DIRECT the Public Works Directorto recognize the importance of the project and work jointlywith the City of Brentwood and the East County Transportation Improvement Authority to seek funding opportunities for the project, and begin environmental studies required under CEQA and preliminary design of the intersection. Continued on Attachment: X SIGNATURE: t RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE c,A.PPROVE OTHER SIGNATURE(S). r" ACTION OF BO D N )DECEMBER 03 2002APPROVED AS RECOMMENDED Xx OTHER z. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS IL XX UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: DECEMBER 03, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors SKJe and County Administrator G:\TransLng\Projects\Vasco Rd-Camino Diablo Intersection Improvements\ B©Vasco at Camino Diablo.doc Orig.Div:Public Works(TE) Contact: Stephen Kowalewski—Tel.313-2225 By ' , Deputy c: Public Works Accounting L.Tunison,ECTIA Theresa Wooten,City of Brentwood SUBJECT: Vasco Road at Camino Diablo Intersection Improvements DATE: December 3, 2002 PAGE 2 11. Financial Impact: There will be no financial impact to the General Fund. The Project development and the environmental assessment phases of the project will be funded with Road Funds ($30,000) and City of Brentwood Developer Funds ($200,000). Final Design Engineering and Construction funding has not been identified. III. Reasons for Recommendations and Background: The County and the City of Brentwood receive numerous complaints from commuters on Vasco Road regarding the congestion caused by the operation of the intersection of Vasco Road and Camino Diablo. Commuters report three-mile backups at the intersection in the morning and evening peak travel times. To improve the operation of the intersection and reduce congestion, additional through lanes at the intersection are proposed for Vasco Road and a reconfiguration of lanes to delineate left turn pockets are proposed for Camino Diablo. The upgrade would allow the intersection to run more efficiently. IV. Consequences of Negative Action: Failure to add the project to the Capital Road Improvement Project list will cancel and/or delay the implementation of the project. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002 by the following vote: �" 7 AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 721 SUBJECT: Approve a Resolution to Authorize the Chair, Board of Supervisors to execute the Administering Agency-State Agreement for State Funded Projects Master Agreement No. 000502 with the State of California, Department of Transportation for State funds for use on local transportation facilities and delegate to the Public Works Director or its designee the authority to approve and execute program supplements as required in the Administering Agency-State Agreement, Countywide (All Districts) The Board of Supervisors of Contra Costa County RESOLVE: WHEREAS, an Administering Agency-State Agreement for State Funded Projects Master Agreement No. 000502 has been presented to this Board; and WHEREAS, said Agreement is a master procedural agreement with the California Department of Transportation for State Funds setting forth terms and conditions under which State Funds may be utilized for improvement projects within the County; and WHEREAS, the County is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and SK-je1 hereby certify that this is a true and correct copy of an G:\GrpDatatiTransEng120CY2\B0-TEN:kGr action taken and entered on the minutes of the Board of Supervisors on the date shown. BR StateMasterAgreement-ProgramSupp.doc Su p Orig.dept.: Public Works(TE) Contact: Stephen Kowalewski(313-2225) DECEMBER 03 2 ATTESTED: , 002 cc: Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and M.Shlu,Public Works Director County Administrator J.Bueren,Assistant Public Works Director R.Gilchrist,Accounting (2 sealed Board Resolutions and 2 original Master Agreements and 2 original (/ Program Supplements returned to By- ex-- ' ,- , PW/rransportation Engineering Division) Deputy RESOLUTION NO. 2002/ 721 SUBJECT: Approve a Resolution to Authorize the Chair, Board of Supervisors to execute the Administering Agency-State Agreement for State Funded Projects Master Agreement No. 000502 with the State of California, Department of Transportation for State funds for use on local transportation facilities and delegate to the Public Works Director or its designee the authority to approve and execute program supplements as required in the Administering Agency-State Agreement, Countywide (All Districts) DATE: December 3, 2002 PAGE: 2 WHEREAS, routine Program Supplemental Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and WHEREAS, said Agreement authorizes the Board to delegate authority to approve and execute routine program supplements. NOW, THEREFORE, the Board hereby approves said Administering Agency-State Agreement for State Funded Projects Master Agreement No. 000502 and authorizes the Chair, Board of Supervisors to execute said Agreement and the Board authorizes the Public Works Director or its designee to approve and execute routine program supplements. RESOLUTION NO. 2002/ 721 MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS District 04 Agreement No. 000502 Contra Costa County dr Adminstering Agency THIS AGREEMENT, made effective this qday of 200,2, is by and between the Contra Costa County, hereinafter referred to as 'ADMINISTERING AGENCY,' and the State of California, acting by and through its Department of Transportation, hereinafter referred to as 'STATE.' WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities; and WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the STATE Transportation Improvement Program (STIP), or other programs, as defined in the Local Assistance Program Guidelines for use on local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT"; and WHEREAS, said PROJECT will not receive any federal funds; and WHEREAS, STATE is willing to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to the use of said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW, THEREFORE, the parties agree as follows: ARTICLE I-PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any programmed project unless and until a PROJECT-specific program supplement, adopting all of the terms and conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. A Financial commitment of state funds will occur only following the execution of this AGREEMENT together with the subsequent execution of each applicable PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this .AGREEMENT and all of the agreed-upon Special Covenants and Page I of 9 115100 conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT. 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADMINISTERING AGENCY and/or others. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY's governing body. 5. PROJECT shall be acquired, designed, and constructed (a) as required in the Local Assistance Program Guidelines, (b) such other STATE procedures as are identified in the PROGRAM SUPPLEMENT, and (c) as is specified in this AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and STATE funding participation is limited to the amounts established by STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in excess of said approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a) ADMINISTERING AGENCY provides the necessary additional funding or (b) a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding (or deleting) PROJECT funds. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY's submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE encroachment permits issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and to establish ownership and future maintenance obligations. Page 2 of 9 115100 (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference (a) this AGREEMENT number, (b) the PROJECT title and number, (c) the progress billing number for the PROJECT, and (d) shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only (a) if such funds are available, (b) STATE concurs with that proposed increase, and (c) STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts already approved in the PROGRAM SUPPLEMENT and all STATE approved encumbrance documents and that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 13. The legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget (OMB) Circular A-87 or the Code of Federal Regulations, Title 48, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18,will be included in any subcontracts entered into as a result of this AGREEMENT. Page 3 of 9 115100 G� 16. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of$300,000. This Audit, to be accomplished at the ADMINISTERING AGENCY's expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY's annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A-133. Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that: (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY's accounting records in accordance with generally accepted accounting principles. (c) The ADMIlVISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report. 17. The "State Report of Expenditures"must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual. The Final Invoice must be submitted with the "State Report of Expenditures". The Audit must be completed by the December 30th following the fiscal year of PROJECT completion. Project completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requirements may result in the withholding of future allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADNIMSTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of STATE's demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, the California Transportation Commission (CTC), or any other public agency,may withhold or demand a transfer of an amount equal to the PROJECT Page 4 of 9 115100 amount paid by STATE from future apportionments or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY projects. 20. Should ADMINISTERING AGENCY be constituted as a joint powers authority, a special district, or any other public entity not directly receiving funds through the State Controller and ADMINISTERING AGENCY is declared by STATE to be in breach of this AGREEMENT or otherwise in default, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article I-19, from any or all, joint and several, of those constituent entities comprising the joint powers authority or by the bringing of an action against ADMINISTERING AGENCY and its constituent member entities to recover all funds provided by STATE hereunder. The ADMINISTERING AGENCY acknowledges that the signatory party represents the ADM NISTRING AGENCY and further warrants that there is nothing within the Joint Powers Agreement itself that would restrict or otherwise limit STATE's ability to recover state funds improperly spent by the ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. 21. When PROJECT is not on the STATE highway system, but includes work to be performed by a railroad, the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract. ARTICLE H-ENGINEERING 1. "Project .Development Costs" includes all preliminary work directly related to the PROJECT up to contract award for construction, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract, as well as project development contract administration. 2. "Construction Engineering" eligible costs include actual inspection and supervision of PROJECT construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY`s employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. Any portions of STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds administered by ADMINISTERING AGENCY. Page 5 of 9 115100 A "A.�-ell 4. Costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or prior to a later date specified in a PROGRAM SUPPLEMENT or after termination date for PROJECT described in the PROGRAM SUPPLEMENT or this AGREEMENT are not allowable by STATE as reimbursable or matching costs. ARTICLE III- RIGHT-OF-WAY 1. All related rights-of-way necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights-of-way have been secured. 2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 72613-7277. (d) the cost of demolition and sales of all improvements on the right-of-way after credit for sale proceeds. (e) the cost of all unavoidable utility relocation,protection or removal. (f) the cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY is not responsible and where the actual generator cannot be identified and recovery made. 3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING AGENCY shall provide relocation payments and services as required by California Government Code Sections 7260-7277. 4. State funds will not participate in any PROJECT costs arising out of delays to construction or a demolition contractor's orderly prosecution of the PROJECT work because utilities have not been timely removed or relocated or due to the unavailability of rights-of-way. 5. If any protection, relocation or removal of utilities is required within STATE's right-of-way, such work shall only be performed in accordance with then current STATE policies and procedures. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE's right-of-way to obtain a STATE Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the PROJECT as-built plans. Page 6 of 9 115100 ARTICLE IV -N USCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. 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 ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. 3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons 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 hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring 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. 4. Auditors of state shall be given access to books and records of ADMINISTERING AGENCY and its consultants, contractors and subcontractors for the purpose of verifying PROJECT costs and STATE's share to be paid or credited to ADMINISTERING AGENCY for matching funds. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating consultants, contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs including providing copies of all requested documents and financial records. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use as proposed in those documents supplied by ADMINISTERING AGENCY as part of PROJECT funding applications and as described in this AGREEMENT until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the PROJECT property to another public entity. Page 7 of 9 115100 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon the construction contractor being relieved of the responsibility for maintaining and protecting any portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly operated, maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. 8. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY,either in whole or in part. 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT 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. 10. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 11. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. ARTICLE V - CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto, hereafter collectively referred to as PROCEDURES, applicable to PROJECT, unless otherwise designated in the approved PROGRAM SUPPLEMENT. Page 8 of 9 115100 This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE except that obligations relative to the respective parties indemnification shall not expire and the ADMINISTERING AGENCY's duties assumed under Sections 4, 5, 6 and 7 of Article IV shall continue for so long as PROJECT remains operable. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Contra Costa County Department of Transportation By By Office of ProjectVlamentation (Ruth ze�i i%presentative) Division of Localistance Date / Date DECEMBER 03, 2002 Page 9 of 9 115100 F � TO: BOARD OF SUPERVISORS � FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 3, 2002 SUBJECT: Hookston Station - Iron Horse Trail Gap Closure Project - Fifth Amendment to License Agreement between Contra Costa County and the East Bay Regional Parks District. Hookston Road to Mayhew Avenue, Pleasant Hill area. Project No.: 7891 - 6X5498 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Re_r_nmmendAd Action: APPROVE and AUTHORIZE the Public Works Director on behalf of Contra Costa County (County) to execute a Fifth Amendment to License Agreement between the County and the East Bay Regional Park District (EBRPD) effective December 3, 2002, to allow EBRPD to construct the Iron Horse Trail between Hookston Road and Mayhew Avenue within the San Ramon Transportation Corridor (SRTC), Pleasant Hill area. IL Financial Impact: There will be no financial impact from this action. ILL Continued on Attachment: SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE ''OTHER SIGNATURES : Qr'-�- ACTION OF BO ON , 2002 APPROVED AS RECOMMENDED XX__OTHER VOTE OF SUP ISORS xx UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: DRA:eh G:\GrpbatalRealProp\2002-Files\BOs&RES\111802EBRPD IHT5thAmnd Brd.doc I hereby certify that this is a true and correct Orig. Div: Public Works(R1P) copy of an action taken and entered on the Contact: Dick Awenius (313-2227) minutes of the Board of Supervisors on the cc: County Administrator date shown. Redevelopment Agency Lisa Dalziel,Senior Clerk,Adm. ATTESTED:- DECEMER 03, 2002 Linda Wu,EBRPD JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By ^-c `. .- Deputy Subject: Hookston Station - Iron Horse Trail Gap Closure Project — Fifth Amendment to License Agreement between Contra Costa County and the East Bay Regional Parks District. Hookston Road to Mayhew Avenue, Pleasant Hill area. Project No.: 7891 - 6X5496 Date: December 3, 2002 Page: 2 III. Roasons for R a _ommandatinns and Ra .kgrntind: Contra Costa County owns the majority of that strip of land previously referred to as the former Southern Pacific Right of Way (SPR/W) and now known as either the Iron Horse Corridor or the San Ramon Transportation Corridor (SRTC). EBRPD has licensed portions of the SRTC over the years on which it has constructed the Iron Horse Trail (IHT). This action provides for EBRPD's construction of a portion of the IHT, which will close one of the last remaining gaps in the IHT, located in the area of Hookston Road in Pleasant Hill. IV. Consp-pluannas of Nonative Action: The Fifth Amendment to License Agreement with EBRPD will not be executed. TO: BOARD OF SUPERVISORS eel FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: December 3, 2002 SUBJECT: DETERMINE that the Stone Valley Road West Sidewalk Extension Project is a California Environmental Quality Act (CEQA) Class 3 Categorical Exemption; APPROVE the project; and AUTHORIZE the Public Works Director to advertise the project, Alamo area. [CDD-CP# 02-89] Project No. 0662-684016 (District III) 9pecificRequest(s)or Recommendation(s)&Background&Justification I. RECOMMENDED ACTION: DETERMINE that the Stone Valley Road West Sidewalk Extension Project is a California Environmental Quality Act(CEQA) Class 3 Categorical Exemption, and APPROVE the project, and AUTHORIZE the Public Works Director to advertise the project, and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk,and AUTHORIZE the Public Works Director to arrange for payment of a$25 fee to Community Development for processing, and a$25 fee to the County Clerk for filing the Notice of Exemption. Continued on Attachment:_)L SIGNATURE: zr CA RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,J(PPROVE OTHER SIGNATURE(S): f ACTION OF BO ON > RS , O0Q?PROVED AS RECOMMENDED xxOTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the XX UNANIMOUS(ABSENT } minutes of the Board of Supervisors on the date AYES: NOES: shown. ABSENT: ABSTAIN: CN:sr ATTESTED: DECEMBER 03, 2002 G:\GrpData\EngSvc\Enviro\BO\2002\(12-03-02)CEQA-Stone V Sidewalk Extension-BO.doc JOHN SWEETEN, Clerk of the Board of ©rig.Div: Public Works(Environmental) Supervisors and County Administrator Contact: Crystal Najera(313-22140) cc: Administrator-E.Kuevor Aud Community Dever Community Development—K.Piona By� Deputy Public Works: Accounting Transportation-Mary Halle -Eric Hu Eng.Serv. -Cece Sellgren -Trina Torres SUBJECT: DETERMINE that the Stone Valley Road West Sidewalk Extension Project is a California Environmental Quality Act (CEQA) Class 3 Categorical Exemption; APPROVE the project; and AUTHORIZE the Public Works Director to advertise the project, Alamo area. [CDD-CP# 02-89] Project No. 0652-684016 (District III) DATE: December 3, 2002 PAGE: 2 II. FINANCIAL IMPACT: The estimated project cost for the Stone Valley Road West Sidewalk Extension Project is$56,000($35,000 (62.5%)State Transportation Improvement Program Grant funds and$21,000(37.5%)Local Roads funds. III. REASONS FOR RECOMMENDATION/BACKGROUND: The purpose of this project is to provide an all weather access path to the Iron Horse Trail. Currently,the Iron Horse Trail intersects Stone Valley Road West in downtown Alamo, and while most of Stone Valley Road has been improved to provide pedestrian and bicycle facilities to access the trail,a small gap exists at this intersection. The project will extend the existing 5 foot wide concrete sidewalk approximately 105 feet to the west and pave the staging area on the north side of Stone Valley Road,adjacent to the Iron Horse Trail. The sidewalk will be conformed to the street with a rolling curb to allow cars easy access to the staging area. The existing fence and signs will need to be relocated to accommodate the improvements. A Class III bikeway will also be created along Stone Valley Road leading to the Iron Horse Trail and consist of installing bike route signs. The existing drainage system will be maintained and the new staging area will be paved such that a northerly sheet flow drainage pattern is maintained. Minor tree trimming will be necessary in order to provide adequate sight distance for pedestrians and cyclists using the Iron Horse Trail to safely cross Stone Valley Road. Real property transactions may be necessary. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and construction and may j eopardize funding. CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT # 0662-6R4016 CP# 02-89 PROJECT NAME: Stone Valley Road West Sidewalk Extension Project PREPARED BY: Crystal Najera �'' DATE: October 8, 2002 APPROVED BY: DATE: 1012-302— RECOMMENDATIONS: 0j2-3 2— RECOMMENDATIONS: (x) Categorical Exemption (Class 3 ) Negative Declaration ( ) Environmental Impact Report Required ( ) Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The project consists of construction of limited numbers of new, small facilities. Whet changes to the project would mitigate the identified impacts USCS Quad Sheet Las T'rampas Ridge Base Map Sheet # K-15 Parcel # 191-08-0052 GENERAL CONSIDERATIONS: 1. Location: The project is located in Alamo, west of Highway 680, at the Stone Valley Road/Iron Horse Trail intersection. (See Fig. 1-3) 2. Project Description. The purpose of this project is to provide an all weather access path to the Iron Horse Trail. Currently, the Iron Horse Trail intersects Stone Valley Road West in downtown Alamo, and while most of Stone Valley Road has been improved to provide pedestrian and bicycle facilities to access the trail, a small gap exists at this intersection. The project will extend the existing 5 feet wide concrete sidewalk approximately 105 feet to the west and pave the staging area on the north side of Stone Valley Road, adjacent to the Iron Horse Trail. The sidewalk will be conformed to the street with a rolling curb to allow cars easy access to the staging area. The existing fence and signs will need to be relocated to accommodate the improvements. A Class III bikewaywill also be created along Stone Valley Road leading to the Iron Horse Trail and consist of installing bike route signs. The existing drainage system will be maintained and the new staging area will be paved such that a northerly sheet flow drainage pattern is maintained. Minor tree trimming will be necessary in order to provide adequate sight distance for pedestrians and cyclists using Iron Horse Trail to safely cross Stone Valley Road. Real property transactions may be necessary. 3. Does it appear that any feature of the project will generate significant public concern? [] yes [x] no [] maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [ ] yes [X] no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? No CN GAEngSvc\ENVIR0\2002 Projects\CEQA\Cat.EAStone Valley Rd Sidewalk.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT y �`°�' Notice of Exemption Contra Costa.County Community Development Department 651 Fine Street, 4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2190 Contact Person: Crystal Naiera - Public Works Dept. Project Description, Common Name(if any)and Location: Stone Valley Road West Sidewalk Extension, County File CP# 02-89. Project Description: The purpose of this project is to provide an all weather access path to the Iron Horse Trail. Currently, the Iron Horse Trail intersects Stone Valley Road West in downtown Alamo, and while most of Stone Valley Road has been improved to provide pedestrian and bicycle facilities to access the trail, a small gap exists at this intersection. The project will extend the existing 5 feet wide concrete sidewalk approximately 105 feet to the west and pave the staging area on the north side of Stone Valley Road, adjacent to the Iron Horse Trail. The sidewalk will be conformed to the street with a rolling curb to allow cars easy access to the staging area. The existing fence and signs will need to be relocated to accommodate the improvements. A Class III bikeway will also be created along Stone Valley Road leading to the Iron Horse Trail and consist of installing bike route signs. The existing drainage system will be maintained and the new staging area will be paved such that a northerly sheet flow drainage pattern is maintained. Minor tree trimming will be necessary in order to provide adequate sight distance for pedestrians and cyclists using Iron Horse Trail to safely cross Stone Valley Road. Real property transactions may be necessary. Project Location: The project is located in Alamo, west of Highway 680, at the Stone Valley Road/Iron Horse Trail intersection. (See Fig. 1-3) This project is exempt from CEQA as a: Ministerial Project(Sec. 15260 _ Other Statutory Exemption, Section Declared Emergent (Sec. 15269(a)) a-.. General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) ✓ Categorical Exemption, Class.3 for the following reason(s): The project consists of construction of limited numbers of new, small facilities. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\EngSvc\ENVIRO\2002 Projects\CEQA\NOE\Stone Valley Sidewalk Ext.doc FIGURE 1 CL dW W �-- OfU7 0 I- 0 � CU L . -- i ~ 71 < < _l < < 0 0 � . � w CL .� >1 Wit. +� cy— 0 cn w j LLJd w LJ. c.7 u c� o W Ll Com/} < 1 C 1 v ` r �L PICTURE 3 STONE VALLEY ISD WEST SIDEWALK EXTENSION 0 16-r I N6 ws'. W6 07 I NAPM � > TRAN I 15 C I N& 4 YK66 ` PAVOO 5rA&IN& / 6A 'Z5'X40' -� t 5 _1.45e b'Xt4' 164 rac �- XI ' `'" v 15'roRT•4 0 � �' �xEap7N4 �' KOt.L 60 GUKO, j' t51i �5e-r 6106WAL-K iWA" bIK6 y g4L KDUt6 5I&N6 ! `w U93z r,33a "OANV I"6 OL40' f ` ti 'fK1M 6X16fiINb i N91"AL"1. D I K6 T 66 Kouf6 5tGN5 ` &93s G33s 'OANV I L"1.6 5L.VO" v, TO: BOARD OF SUPERVISORS i✓i FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: November 12, 2002 SUBJECT: Agreement to Provide Consulting Services to the City of Livermore Project No. 4580-6X3012. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the agreement to provide consulting services by the County to the City of Livermore for their Vasco Road/I-580 Interchange Project, in the amount not to exceed $50,000.00 effective November 12, 2002. The agreement extends through the completion of all assigned tasks. AUTHORIZE the Chair,Board of Supervisors to sign the agreement on behalf of the County. II. Financial Impact: The City of Livermore will pay the actual costs for Real Property staff right of way services. III. Reasons for Recommendations and Background: The City of Livermore requires a variety of right of way services to be performed by a certified agency and desires to contract with the County for these services on their Vasco Road/I-580 Interchange project. IV. Consequences of Negative Action: Less efficient government because the City of Livermore would have to contract with another certified agency at greater expense. Continued on Attachment: SIGNATURE: 1 _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE "APPROVE OTHER SIGNATURE(S ACTION OF BO ON DECEMBER 03, 2002 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Hoard of Supervisors on the KAL:dh date shown. G:\GrpData\RealProp\2002-Files\BOs&.RES\BOlivermore.doc ATTESTED: DECEMBER 03, 2002 Contact:Orifi. : Karen A Laws(313-2228}Public Warks(RIP) JOHN SWEETEN,Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via RIP) P.W.Accounting By Deputy Board Orders Senior Clerk,Adm. AGREEMENT 1. Effective date and Parties. Effective on N 0 UM6e/ 1g)--,, 2002, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter referred to as "County"), and the CITY OF LIVERMORE, a municipal corporation(hereinafter referred to as"City"), hereby mutually promise and agree as follows: 2. Puraose. The City is planning a Vasco Road/1-580 Interchange Improvement Project. The City is not certified" to monitor such projects and desires to contract with the County for right of way services to certify right of way work on the project. 3. Services by County. The services to be rendered by County to City may include appraisal, appraisal review, negotiation, land rights document preparation, right of way acquisition, relocation, and/or supervision of independent contractors providing such services. 4. Payment for Services. City agrees to reimburse County for all labor costs and appropriate overhead for County Real Property Agents labor including overtime rates for evening or weekend work (See Appendix"A"for pay rates). City shall pay all acquisition settlement and any other costs of acquisition such as title fees, recording fees, etc. Such payments shall be made within 30 days of billing by County. Total cost to City for County's services shall not exceed$50,000.00 without proper City approval 5. Indemnification. City agrees to defend, indemnify and save harmless County, its officers, and employees against any and all loss,damage, liability, expense,claims or demands of whatever character, direct or consequential, directly or indirectly contributed to or caused by County assuming and acting as the right of way agency for and on behalf of City;except for the gross negligence or willful misconduct of the County, its elected officials, officers, directors, employees, agents and volunteers. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a City employee. 1 7. Term. The term of this agreement shall commence on the effective date hereof and shall end upon termination by either party upon 30 days written notice. The rights and obligations of Paragraph 5"Indemnification"shall survive any such termination. COUNTY OF CONTRA COSTA CITY OF LIVERMORE t By By Chaik-,'Obard of Supervisors City Manager ATTEST: John Sweeten, ATTEST: City Clerk Clerk of the Board of Supervisors and County Administrator By By ;= Depufy Recommended to the County Recommended for Approval: Board of Supervisors for Approval: By r' By � opal Real Property ge t rojecl Man r By •, PubbFWrks Director Approved as to Form: City Attorney [Form Approved by County Counsel 2/15/94) By KL:dm G.1GrpData\ReelPropt2002-Files\02-21AG47 Livemtiore.doc 2 APPENDIX"A" (Rates Effective October 1, 2002) REGULAR TIME OVERTIME From To From To Prinical Real Property Agent 119.00 165.00 122.00 170.00 Supervising Real Property Agent 99.00 135.00 100.00 140.00 Senior Real Property Agent 88.00 125.00 89.00 130.00 Associate Real Property Agent 79.00 115.00 79.00 120.00 Assistant Real Property Agent 68.00 95.00 67.00 95.00 Senior Real Property Tech Asst. 63.00 90.00 62.00 90.00 Real Property Tech Asst. 54.00 80.00 52.00 80.00 Assistant County Surveyor 105.00 135.00 108.00 140.00 Eng Tech Supervisor-Land Survey 79.00 115.00 80.00 115.00 Engineer Tech Senior 75.00 105.00 75.00 105.00 Engineer Tech Journey 66.00 90.00 65.00 90.00 Engineer Tech Entry 49.00 75.00 47.00 80.00 CARD Operator 61.00 85.00 60.00 85.00 Senior Civil Engineer 115.00 160.00 118.00 165.00 Engineer- Journey 92.00 135.00 93.00 140.00 Account Clerk Advanced 52.00 75.00 52.00 75.00 Note: Rates will change periodically due to contracted salary Increases and overhead changes. Rates for Individual employees vary because of steps within each classification. G:1GrpData\Rea[Prop\ForntstAgents Rates October 2002.xis