HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-304 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on May 24, 2005 by the following vote:
AYES: SUPERVISORS GIOIA PIEPHO, DESAULNIER, GLOVER AND UILKRMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE SO
Ltl K.NO, 24(!5 Q4
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT 1NO.4-1885-C.
WHEREAS,the State Route 4 Bypass Authority ("Authority") was created by the
County of Contra Costa,"City of Brentwood,and City of Antioch on February 28, 1989,through
a Joint Exercise of Powers Agreement(JPA) as a public entity to perform project approval and
environmental documentation(PA&ED) for the construction of a new local road, approximately
20 kilometers (12.4 miles)in length,which will serve as a SR4 Bypass; and
WHEREAS, seven amendments to the original JPA were executed between October 23,
1990,,and September 28 1999, that extended Authority's term to January 1, 2015, and expanded
Authority's function and role beyond PA&ED to also include design, right of way, construction,
and route transfer activities and added the City of Oakley as a fourth party to the original JPA;
and
WHEREAS, it is intended that the SR4 Bypass will be adopted into the State Highway
System when complete and that existing SR4 between the new SR4 Bypass connections'will be
relinquished to the respective local jurisdictions on the date when the SR4 Bypass is adopted
except for a portion of existing SR4 that will be redesignated as SR 160; and
WHEREAS, the SR4 Bypass is defined as the four(4) following segments:
• Segment 1 A (24654 1) is a freeway-to-freeway connector that lies entirely within
existing State right of way on existing SR4 in the City of Antioch, east of the Hillcrest
Avenue Overcrossing. Segment I is currently under construction by Authority
pursuant to the terms and conditions of a companion Agreement,No. 4-1884 (Document
No. 015848),executed on June 24,2004
• Segment 1B (24655 1) will be anew closed access (freeway)facility connecting to
existing SR4 in the City of Antioch, east of Hillcrest Avenue Overcrossing and
traversing a new alignment to Lone Tree Way in the City of Brentwood(six lanes from
existing SR4 to the Laurel Road.Interchange and four-lanes from the Laurel Road
Resolution No. 2005/ 304
Interchange to'650 meters north of Lone Tree Way, thence two lanes to Lone Tree
Way);
• Segment 2, from Lone Tree Way south to Balfour Road in the City of Brentwood, has
already been constructed as a two-lane expressway and is open to local traffic;and
• Segment 3 (246531) is to extend from Balfour Road south to Marsh Creek Road as a
two-lane Expressway,then along Marsh Creek Road(East-West Connector)as a two-
lane conventional highway,connecting to existing SR4 (Byron Highway); and
WHEREAS,Authority, State and local jurisdictions of Antioch,Oakley, Brentwood and
Contra Costa County have cooperated in projectdevelopment ofthe'SR 4 Bypass through State
providing design and construction oversight for successive segments of SR4 Bypass; and
WHEREAS,Authority is willing to fund one hundred percent(100%)of all capital'
outlay and'staffing costs for the four segments of the SR4 Bypass as defined above,including the
cost'of State oversight/engineering services as discussed in Section'1, Articles 23 28, 30 and 31
of Cooperative Agreement No. 4-1885-C; and
WHEREAS, future phases of the SR4 Bypass could'be funded with a combination of
funds including developer fees,Measure J funds,'state funds and federal funds; and
WHEREAS,the terms and conditions under which SR4 Bypass are to be developed,,
designed, constructed, financed, opened to traffic, and maintained,and also outline the
conditions for the opening and transfer of the SR4 Bypass and the contemporaneous
relinquishment of the bypassed portions of existing SR4(except for that portion of existing SR4
redesignated as SR 160)are defined in Cooperative Agreement No. 4-1885-C; and
NOW, THEREFORE,BE IT RESOLVED,the Board approves Cooperative
Agreement No.,4-1885-C between the State Route 4 Bypass Authority, State of California,
County of Contra Costa, City of Antioch,City of Brentwood, and the City of Oakley and
authorizes the Chairperson and Secretary or his designee to execute the cooperative agreement.
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.
s"'`' ATTESTED: MAY 24, 2005
G:\GrrpDaks\TransEng120051BO-TE\BR Approval of Cooperative Agreement No.4.1885-Calot
Orig.Dept,: Public Works(TE) JOHN SWEETEN,Clerk of the Board of Supervisors and
Contact; Stephen Kowalewski(313-2225) County Administrator
cc: J.Bueren,Deputy
N:Wein,TE
By Deputy
RESOLUTION NO. 2005/304
04-CC-4-KP R47.7/R678
Route 4 Bypass Project ,
04275-246541 -Segment IA
04275-246551 -Segment IB
04275-246521 -Segment 2
04275-246531-Segment 3
District Agreement No. 4-2885-C
016018
CCOgPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO:EFFECTIVEON . 2005,
is between the STATE OF CALIFORNUL, acting by; and ough its Department of
Transportation, referred to herein as"STATE"; and
STATE ROUTE 4 BYPASS AUTHORITY, a
California Joint Powers Agency, referred; to
herein as"AUTHORITY' and
COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, referred
to herein as"CC"; and
CITY OF ANTIOCH, a body politic and a
municipal corporation of the State of
California, referred to herein as "CA"; and
CITY OF BRENTWOOD, a body politic and a
municipal corporation of the State of
California,referred to herein as"CB"; and
CITY OF OAKLEY, a body politic and a
municipal corporation of the State of
California, referred to herein as "CO"
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District Agreement No. 4-1885=C
RECITALS
1. STATE, AUTHORITY, CC, CA, CB, and CO, pursuant to Streetsand Highways Code
section 130, are authorized to enter into a Cooperative Agreement for improvements of
State Route 4 (SR4) within the respective jurisdictions of the County of Contra Costa,
City of Antioch, City of Brentwood, and City of Oakley; said CC, CA, CB', and CO being
collectively referred to herein as "LOCAL AGENCIES".
2. AUTHORITY was created by the County of Contra Costa, City of Brentwood, and City of
Antioch on February 28, 1989, through.a Joint Exercise of Powers Agreement (JPA) as-a
public entity to perform project approval and environmental. documentation (PA&ED)
for the construction of a new local road, approximately 20 kilometers (12.4 miles) in
length, which'will serve as an alternative to existing SR4 and hereinafter referred to as
SR-4 Bypass (SR4 Bypass), also known as the Delta Expressway. Seven amendments
to the original JPA were executed between October 23, 1990, and September 28, 1999,
that extended AUTHORITY's term to January 1, 2015, and expanded'AUTHORITY's
function and role beyond PA&Erb to also include design, right of way, construction, and
route,transfer activities and added the City of Oakley as a fourth party to the original
JPA.
3. LOCAL AGENCIES have collectively directed AUTHORITY to design and construct a new
SR4 Bypass from east of the SR4/Hillcrest Avenue Interchange to the SR4/Marsh
Creek Road intersection.
4. AUTHORITY is willing to fund one hundred percent (100%) of all capital outlay and
staf#-ing costs for all phases of the SR4 Bypass, including the cost of STATE
oversight/engineering services as discussed in Section I, Articles 23, 28, 80 and 31.
5. The SR4 Bypass is organized into the four (4) following segments with separate
Expenditure Authorization Numbers, each referred to herein as a described
"SEGMENT", all as shown on Exhibit A,,attached to and made a part of this Agreement;
• SEGMENT lA (246541) is a freeway-to-freeway connector that lies entirely within
existing STATE right of way on existing SR4 in the City of Antioch, east of the
Hillcrest Avenue Overcrossing. SEGMENT lA is currently under construction by
AUTHORITY pursuant to the terms and conditions of a companion Agreement, No
4-1884 (Document No. 015848), executed on June 24, 2004; and
• SEGMENT 1B (246551) will be a new closed access (freeway) facility connecting to
existing SR4 in the City of Antioch, east of Hillcrest Avenue Overemasing and
traversing a new alignment to a two-lane transition (not closed access) to Lone Tree
Way in the City of Brentwood (six lanes from existing Route 4 to the Laurel Road
interchange, four lanes from Laurel Road interchange to 650 meters north of Lone
Tree Way,thence two lanes to Lone Tree Way); and
• SEGMENT 2, from Lone Tree Way south to Balfour Road in the City of Brentwood,
has already been constructed as a two-lane expressway and is open to local traffic.
SEGMENT 2 is entirely outside of existing STATE right of way; and
• SEGMENT 3 (246531) is to extend from Balfour Road south to Marsh Creek Road as
a two-lane Expressway, then along Marsh Creek Road (East-West Connector) as s
two-lane conventional highway, connecting to existing SR4 (Byron Highway);
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District Agreement No 4-1885-C
6. Portions of the SR4 Bypass lying outside of existing''STATE right of way are referred to
herein as "BYPASS". Portions of the SR4 Bypass in SEGMENTS 1B and. 3 lying within
STATE right of way>>are herein referred to as"PROJECT".
7. STATE, AUTHORITY and LOCAL AGENCIES have cooperated in project development of
the SR4 Bypass through STATE's providing designand construction oversight for the
successive segments of SR4 Bypass.
8. It is intended that the SR4 Bypass will be adopted into the State Highway System when
complete and that existing SR4 between the new SR4 Bypass connections will be
relinquished to LOCAL AGENCIES on the date when the SR4 Bypass is adopted as new
SR-4 except for a portion of existing SR4 that will be redesignated`as SR'160.
9. AUTHORITY intends to advertise and award two separate contracts for SEGMENT 1B
and SEGMENT 3.
10. The parties hereto intend to define herein the terms and conditions under which
PROJECT and BYPASS are to be developed, designed, constructed, financed, opened to
traffic, and maintained, and also outline the conditions for the opening and transfer>of
the SR4 Bypass and the contemporaneous relinquishment of the bypassed portions of
existing SR4 (except for that portion of existing SRIF redesignated as SR`164).
SECTION I
AUTHORITY AGREES':
1. To fund and perform all necessary PA&ED activities, including preliminary engineering,
environmental documentation (ED), and Project Reports,(PR); preparation of detailed
PS&E, utility identification and location; and all necessary construction engineering for
BYPASS and PROJECT.
2. To fund one hundred percent(100%)'of all AUTHORITY preliminary engineering, design
engineering and construction engineering costs incurred for the,preparation of contract
documents, advertising, awarding, and administenng BYPASS and PROJECT
construction contracts, and completing the SR4 Bypass as provided herein.
3. To fund one hundred percent (100%) of the actual costs of construction'capital required
for satisfactory completion of BYPASS and PROJECT, including changes made pursuant
to contract change orders and any material furnished by STATE. Upon receipt of billing
from STATE for"State-furnished material,"as stipulated in Article 5 of Section II,to pay
said tilling within thirty (30) days.
4. Design, future right of way, and construction activities for BYPASS and PROJECT shall
be developed and performed in accordance with all policies, procedures, practices, and
standards that STATE would normally follow for a state highway'project.
5. To submit` detailed BYPASS and PROJECT PS&E to STATE for review. STATE will
provide comments on BYPASS PS&E and approve PROJECT PS&E (said approvals shall
not be relied upon by AUTHORITY as an engineering, validation and no liability for
PROJECT and BYPASS design and construction activities will transfer to or include
STATE as a party responsible for subsequently discovered errors, omissions and actions
of AUTHORITY and its contractors as a consequence of STATE oversight and approvals).
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District Agreement No. 4-1885-C
The final PS&E for BYPASS and PROJECT shall be signed by an AUTHORITY
designated Civil Engineer registered in the State of California.
6. AUTHORITY will be the CEQA Lead Agency to perform all necessary investigative
studies and;prepare all required environmental technical reports in order to document
and support a CEQA determination leading to the construction of the SR4 Bypass and
the adoption of the SR4 Bypass into the State Highway System. AUTHORITY will
submit to STATE, for STATE's review, comment and approval of investigative studies,
the environmental technical reports and CEQA determination for the adoption of the
SR4 Bypass into the Mate Highway System. If, during preliminary engineering,
preparation of the PS&E or construction of PROJECT, new information is obtained
which requires the preparation or revision of a NEPA and/or-CEQA Environmental
Document (ED), AUTHORITY may amend this Agreement if necessary to include the
completion of those additional tasks by AUTHORITY.
7. Personnel who prepare environmental documents, related studies, reports and PS&E for
BYPASS and PROJECT shall be made available to STATE, at no asst to STATE, through
completion of construction to discuss,problems which may arise during construction
and/;or to snake design revisions for contract'change orders authorized by STATE:
8. To obtain, at AUTHORITY's expense, all necessary permits and./or agreements from
appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action
required by said permits shall be the responsibility of AUTHORITY and are not
transferable to STATE.
9. To identify and locate all high and low risk underground facilities within the areas of,
BYPASS and PROJECT as part of AUTHORITY's design responsibility and to protect or
otherwise provide for such facilities,all in accordance with STATE's "Polio on,Higjaand
Low Risk Underground Fgg 'ties Within Highyvav Itiahts of Way." AUTHORITY hereby
acknowledges receipt of'STATE's "Policy on High and Low Risk Undefgro nd' a ili'"es
Within Higbaw ay Rig_,tg<oi' Way." All facilities not relocated or removed in advance of
construction shall be identified'on the PROJECT and BYPASS PS&E.
10. To permit STATE to monitor and participate in the selection: of personnel'who will
administer each construction contract. AUTHORITY agrees to consider any request by
STATE to discontinue the services of any personnel considered by STATE to be
unqualified on basis of credentials, professional expertise, failure` to perform in
accordance with the scope of work, and/or other pertinent criteria.
11. To snake all necessary arrangements for any existing, public'and/or private utility
facilities that conflict with the-construction of BYPASS or PROJECT or which violate
STATE's encroachment policy and to have:theta removed, protected, or relocated in
accordance with STATE's policy and procedure for those facilities located within the
limits of work for the BYPASS and PROJECT except as specified in Section III,Article 19
and 26. The cost of protection, relocation or removal of utilities for the BYPASS and
PROJECT shall be apportioned between the owner of the utility facility and AUTHORITY
in accordance with STATE's policy and procedure. AUTHORITY shall require every
utility owner performing;relocation work in the State highway right of way to obtain an
encroachment permit from STATE prior to the performance of said relocation work.
12. To provide four right of way certifications for PROJECT and BYPASS, two for SEGMENT
1B and two for SEGMENT 3, prior to the granting of respective encroachment permits
by STATE, certifying that legal' and physical control of connecting rights of way were
acquired in accordance with applicable State and Federal laws and regulations.
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016018
District Agreement No. 4-1885-C
13. To apply for necessary encroachment permits for required work within the State
highway might of way in accordance with STATE's standard permit procedures, as more
specifically defined in Articles 3 and 4 of Section III of this Agreement.
14. To ensure that all construction contractors obtain encroachment permits from STATE
prior to commencing any work within. the State highway right of way or which affects
STATE's facilities. ,
15. To be responsible;,at AUTHORITY's expense, for the investigation of potential hazardous
waste sites within the existing State highwayright of way and the BYPASS right of way
that would impact PROJECT or BYPASS as part of the responsibility for the ED for
PROJECT' and BYPASS. If AUTHORITY encounters hazardous material or
contamination during said investigation,. AUTHORITY shall immediately notify STATE
and responsible control agencies of such discovery; AUTHORITY agrees to remove'or
mitigate said hazardous waste in accordance with Articles 8 through 11 of Section III of
this Agreement prior to any adoption of SR4 Bypass into the State Highway System.
16. To advertise, award and administer the PROJECT construction contracts and BYPASS
in accordance with California law and the California Labor Code, including its prevailing
wage provisions. Workers employed in the performance of work contracted for by
AUTHORITY, and/or performed under encroachment permit, are covered by provisions
of the Labor Code in the same manner as are workers employed by STATE's
contractors. AUTHOR17Y shall obtain applicable wage rates from the State Department
of Industrial Relations and shall adhere to the applicable provisions of the State Labor
Code'. AUTHORITY shall report violations to the State Department of Industrial`
Relations.
17. To furnish, at AUTHORITY's expense and subject to the approval of STATE, a field site
representative who is a licensed Civil Engineer in the State of California to perform the
functions of a Resident Engineer for each construction contract awarded by
AUTHORITY. The Resident Engineers shall not: be employees of a company that
completed the applicable PS&E or the construction contractor for that portion of the
PROJECT or BYPASS.
18. In recognition that PROJECT construction work on STATE's property will not be directly
funded and paid by STATE (for the purpose of protecting stop notice claimants andthe
interests of STATE relative to the successful completion of PROJECT),AUTHORITY shall
require each construction contractor to furnish both a payment and performance bond
naming AUTHORITY as obligee with bath bonds complying with the requirements:set
forth in Section 3-1.02 of STATE's current Standard Specifications prior to performing
any PROJECT construction work.
19. To defend,;indemnify and hold harmless STATE, its officers and employees from all
claims by stop notice claimants'related to the construction of BYPASS and PROJECT.
20. To require that each of AUTHORITY's construction contractors maintain in force, until
completion and acceptance of each contract, a policy of Contractual Liability insurance,
including coverage of Bodily lrtjury Liability and Property Damage Liability, in
accordance with Section 7-1.12 of STATE's 'Standard Specifications. Each policy shall
contain an additional insured-endorsement naming STATE and LOCAL AGENCIES and
their officers, agents, and employees as additional insureds. Coverage shall be
evidenced by a Certificate of Insurance in a form satisfactory to STATE, which certificate
shall be delivered to STATE"before the issuance of an encroachment permit to
AUTHORITY's contractor for that contract work.
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District Agreement No. 4-1885-C
21. Construction of PROTECT and BYPASS shall comply with the applicable pre'-approved
PS&E and will conform to methods and practices specked in`STATE's Construction
Manual.
22All survey work shall conform to the methods, procedures, and requirements of STATE'S
Surveys Manual and STATE's Staking Information Booklet,
23. Material testing and quality control shall conform to STATE's Construction Manual and
the Standards Test Methods, Series 100 through 600, issued by STATE'S Division of
Materials Engineering and Testing Services(METS). Material testing and quality control
shall be performed'at AUTHORITY expense by certified materials testers acceptable to
STATE. Independent assurance testing, specialty testing, and off-site source inspection
and testing shall be part of engineering services performed by STATE at no cost to
AUTHORITY'except as noted hereinbelow. AUTHORITY shall reimburse STA'T'E for an
travel expenses incurred by STATE for off-site inspection and testing performed which
is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the
type of asphalt and concrete plants shall be by STATE as an engineering service.
24. At AUTHORITY's expense, to furnish qualified support staff, subject to the approval of
STATE, to assist the Resident Engineer in, but not limited to, construction surveys,
soils and foundation tests, testing of>construction materials, checking shop drawings,
preparation of estimates and reports, preparation of "As-Built" drawings, and other
inspection'and staff services'`necessary to assure that the construction is being
performed in accordance with the PS&E. Said qualified support staff shall be
independent of the design engineering company and construction contractor, except
that the designers of PROJECT and BYPASS may check shop drawings, do soils
foundation tests, test construction materials,:and do construction surveys.
25. If cultural, archaeological, paleontological or other protected materials are encountered
during construction, AUTHORITY shall stop work in that area until a qualified,
professional can evaluate the nature and significance of the find and a plan is approved
for the removal or protection of that material.' The casts for any removal or protection of
that 'material shall be covered as a PROJECT and BYPASS cost contemplated by this
Agreement at AUTHORITY's expense.
26. Pursuant to the authority contained in section 591 of the Vehicle Code, STATE has
determined that within such areas as,are within the limits of PROJECT'and are open to
public traffic, AUTHORITY shall comply with all of the requirements set forth in
Divisions 11, 12 13, 14, and 15 of the Vehicle Code. AUTHORITY shall ensure the'safe
operation of, and protection of the.. traveling public from, equipment and vehicles
belonging to AUTHORITY, the construction contractors, and personnel retained' by
AUTHORITY and its contractors,
27. Within ninety (90) calendar days following the completion and acceptance of each.,
BYPASS and PROJECT construction>contract, to furnish S TATE a complete set of"As
Built" plants on a,CD-ROM (MicroStation.dgn file Release 5.0 or later version) complying
with STATE's current CARD Users Manual' and STATE's current Drafting and Plans
Manuals and all contract records, including survey documents and all corrected
original full size structure plans. The "As-Built' plans shall include all the detailed
information required by paragraph 9.h of the variance (00-H-VAR-0'1) issued by the
Department of Toxic Substances Control (DTSC)' to STATE regarding any reuse of
aerially deposited lead in soil within BYPASS and PROJECT limits. ,STATE win not
recommend adaption of the SR4 Bypass unless STATE' has received acceptable As-
Builts.
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District Agreement No, 4-1885-C
28. To provide a construction contract claims process acceptable to STATE and process any
and all claims through AUTHORITY's claim process. STATE's representatives will be
made available to AUTHORITY,as an engineering service to provideadvice and technical
input in any claim process.
29. That the portion of SEGMENT 1B connecting to existing State highway right of way
shall not be opened to traffic until the CTC adopts the new SR4 Bypass into the State
Highway System or until the CTC approves a new road connection with SEGMENT 1B
as a local road.
30. 'STATE's quality assurance activities referred to in Articles 2 and 4 of Section II of this
Agreement do not include performance of any engineering services required for
PROJECT.. These services are to be performed by AUTHORITY and;if AUTHORITY
requests STATE to perform any of these services, AUTHORITY shall reimburse STATE
for such services. An amendment to this Agreement authorizing STATE's performance
of such additional engineering services' will be required prior to performance of any
engineering work by STATE.
31. In the event that the SR4 Bypass is not adopted by the CTC as new SR4 on or before
October 1, 2014, AUTHORITY will be invoiced for and will pay the costs of STATE's
quality assurance of BYPASS and PROJECT development and construction activities in
an amount not to exceed$2,700,000.
32. "AUTHORITY will use no STATE funds towards any PROJECT and BYPASS costs except
as is expressly provided for in Section I Articles 3 and 23 and Section II, Articles 2 and
4 and those State Local Transportation Partnership Program (SLTPP) funds that were
expended for the prior construction of SEGMENT 2.
33. If AUTHORITY terminates PROJECT work prior to completion of each respective
construction contract for PROJECT, STATE will require AUTHORITY, at AUTHORITY's
expense, to return STATE's right of way to its original condition or to a condition of
acceptable permanent operation and repay to STATE:all of its prior incurred oversight
costs.
SECTION 1I`
STATE AGREES;
1. To be the CEQA Responsible Agency for adoption of the SR4 Bypass when constructed,
and for relinquishment of the superceded SR4 facilities by the CTC.
2. ' To provide quality assurance and/or engineering services for all project development
and construction work on BYPASS and PROJECT, including, but not limited to,
investigation of potential hazardous material sites. STATE will provide prompt reviews
and approvals, as appropriate, of submittals by AUTHORITY and will cooperate in
timely processing of PROJECT' and BYPASS documents, including all necessary
adoption/relinquishment'documentation.
3. Upon proper application by AUTHORITY and its contractors, to issue, at no cost to
those applicants, encroachment'permits authorizing entry onto State highway'right of
way to,perform PROJECT work.
4. As a part of STATE's quality assurance activities, to provide a qualified representative of
STATE' during construction of PROJECT and BYPASS who shall have authority to
accept or reject work and materials or to order any actions:needed for public safety or
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District Agreement No. 4-1885-C
the preservation of property and to assure compliance with all provisions of the
encroachment permit(s): issued to AUTHORITY, AUTHORITY's consultants, and
AUTHORITY's contractors,
, To provide, at AUTHORITY's expense, any "State-furnished material" as shown on the
PS&E for PROJECT and BYPASS. STATE shall bill AUTHORITY'immediately following
execution of this Agreement for an advance: deposit for the cast of "State-furnished
material," estimated to be $457,000. Said"State-furnished material" shall be delivered
to AUTHORITY's contractors at a STATE designated site. upon completion of PROJECT
and BYPASS, and upon.final accounting of coststherefor, to pay AUTHORITY any
amount over and above the aforesaid advance deposit or to bill AUTHORITY for any
additional amount due,
6. To diligently work to issue, at no cost to LOCAL AGENCIES and their contractors, upon
application:, by LOCAL AGENCIES and by their contractors, the necessary
encroachment permits for future work within the limits of existing SR4 that is to be
relinquished to the respective LOCAL AGENCIES.
SGTION';III
ITIS MUTUALLY AGREED:
1., All obligations of STATE assumed under the terms of this Agreement are subject to the
appropriation of resources by the Legislature in each annual State Budget Act and. the
allocation of funds'by the California Transportation Commission;(CTC) to STATE for the
purpose of fulfilling STATE's obligation herein. Articles 1 through '14 hereinbelow
pertain primarily;to the construction phages of the PROJECT and BYPASS while
Articles 15 through 31 pertain to the adoption and relinquishment process.
Z. STATE's provision of quality assurance activities and/or engineering services:shall not
be interpreted as an acceptance of the'SR4 Bypass into the State'Highway System.
3. Construction of PROJECT and BYPASS shall not begin until STATE has issued
encroachment permits to AUTHORITY and its contractors for each SEGMENT then
being constructed,
4. AUTHORITY shall obtain the aforesaid encroachment permits through the office of
STATE's District Permit Engineer and AUTHORITY's application shall be accompanied
by thirty-five (35) sets of reduced construction plans :of aforesaid STATE-accepted
contract plans, and thirty-five (35) sets of specifications for PROJECT. Receipt of each
approved encroachment permit shall constitute AUTHOWN s authorization from
STATE to proceed with work to be performed by AUTHORITY or AUTHORITY's
representatives within the proposed State highway right of way or work which affects
STATE's facilities, covered by this Agreement. AUTHORITY's authorization to proceed
with said work shall be contingent upon AUTHORITY'S compliance with all provisions
set forth in this Agreement and within'said encroachment permits.
5. A STATE maintenance agreement for new traffic control'signals and safety lighting at
the intersection of Marsh Creek Road and existing SR4 shall be executed prior to the
issuance of an encroachment permit for SEGMENT 3. Said agreement shell provide
that STATE will operate and- maintain said traffic control signal and safety lighting
facilities as installed and will invoice those costs in proportion to the number of
approach legs owned by each ,jurisdiction, and will pay: STATE's share of the cost of
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District Agreement No. 4-1885-C
maintenance and energy. AUTHORITY shall be responsible to arrange for execution of
theseseparate maintenance agreements between appropriate affected` LOCAL
AGENCIES and STATE.
6. During the construction of BYPASS and PROJECT, representatives of AUTHORITY and
STATE will cooperate and consult, and all work shall be accomplished according to the
approved PS&E and STATE's then applicable''standards. STATE's representatives shall
verify satisfaction of these requirements and are authorized to enter PROJECT and
BYPASS property during construction for the purpose of monitoring, testing, oversight,
and coordinating construction activities.
7.` Changes to the PS&E for PROJECT and BYPASS shall only be implemented by contract
change orders reviewed' and concurred with in writing by designated STATE
representatives. All changes affecting public safety or public convenience, all design
and specification changes, and all major changes as defined in STATE's Construction
Manual shell be approved in.writing by STATE in advance of AUTHORITY performing
that work. Unless otherwise directed by STATE's representatives, changes authorized
as provided herein will not require an encroachment permit rider. All changes shall be
shown on the "As-Built" plans referred'to in Article 27 of Section I'of this Agreement.
8. Any hazardous material or contamination of an HM-1 category found within the existing
State highway right of way prior to and during construction of PROJECT .requiring
remedy or remedial action, as defined in: Division 20, Chapter 6.8 et seq. of the Health
and Safety Code, shall be the responsibility;of STATE, at STATE's expense. For the
purpose of this Agreement, hazardous material or contamination of HM-1 category is
defined as that level or type of contamination which State or Federal regulatory control
agencies having jurisdiction have determined must be remediated by reason of its mere
discovery, regardless of whether or not it is disturbed by the BYPASS or the PROJECT.
STATE shall sign the HM-1 manifest and, if STATE determines, in its sole judgment,
that STATE's cost for remedy or remedial action is increased due to the BYPASS or the
PROJECT, that additional cost identified by STATE shall be borne by AUTHORITY.
STATE will exert every effort to fund the remedy or remedial action for which'STATE is
responsible. 'In the event STATE is unable to provide funding,AUTHORITY will have the
option to either delay the BYPASS or the PROJECT until STATE is able to provide
funding or AUTHORITY may proceed with the remedy or remedial action, at
AUTHORITY's expense, without any subsequent reimbursement by STATE.
9. in the absence of a viable known generator or responsible prior owner of the impacted
property, the remedy or remedial action with respect to any hazardous material or
contamination of an HM-2 category found within the existing State highway right of way ;
priorto or during construction of the BYPASS and the PROJECT shall be the
responsibility of AUTHORITY, at AUTHORITY's expense, if AUTHORITY decides: to
proceed. For the purposes of this Agreement, hazardous material or contarnination of
HM-2 category is defined as that level or type of contamination which said regulatory
control agencies would have allowed°to remain in place if undisturbed or otherwise
protected in place;,should the BYPASS or the PROJECT not proceed. AUTHORITY shall
sign any HM-2 storage manifest if the BYPASS or the PROJECT proceeds and HM-2
material must be removed in lieu of being treated in place. If AUTHORITY decides to
not proceed with the BYPASS or the PROJECT, there will be no obligation to either
AUTHORITY or STATE 'tither than AUTHORITY's duty to cover and protect HM-2
material left in place,
10. Locations subject to remedy or remedial action and/or protection include utility
relocation work required'for PROJECT. Costs for remedy and remedial action and/or
protection shall include, but not be limited to, the identification, treatment, protection,
removal, packaging, transportation, storage,and disposal of such material.
9
016{ 8
District Agreement No. 4-1885-C
11, The garty.responsible for funding any,hazardous material cleanup shall be responsible
for the development of the necessary remedy ndjor;remedial action plans and designs.
Remedial actions proposed by AUTHORITY on the State highway right of way shall be
pre-approved by STATE and shall be performed in accordance with STATE's standards
and practices and those standards mandated by'`the Federal and State regulatory
agencies.
12. Uponcompletion and acceptance of each SEGMENT construction contract to the
satisfaction of STATE's designated representatives, STATE will accept control and
maintain, at STATE expense,;, the connecting portions° of the PROJECT`` facilities
constructed within' State right of way as part of SR4 except for those portions of the
BYPASS and the PROJECT which will not be operated and maintained by STATE unless
adopted as part of SR4 by the CTC.
13. AUTHORITY will own and maintain, ,at no cost to STATE, those portions of finished
SEGMENT facilities lying outside of STATE's existing right of way until the SR4 Bypass
is adopted by the :CTC. LOCAL AGENCIES will own and maintain as locally owned
facilities those BYPASS and•PROJECT facilities not accepted by STATE as part of
present SR4 and those facilities not adopted by the CTC as part of the S94 Bypass and
located within PROJECT:and BYPASS right of way. AUTHORITY will be responsible' to
ensure that appropriate traffic signal, sign, and lighting maintenance agreements
between AUTHORITY and the affected LOCAL AGENCIES have been executed prior to
PROJECT and BYPASS completion and operation by the entity having jurisdiction. Said
maintenance agreement(s) shall be submitted to STATE;for review and concurrence
prior to execution. At the time of adoption and acceptance of the SR4 Bypass into the
State Highway System, said maintenance agreement(s) will be terminated and separate
LOCAL AGENCY and STATE operations and maintenance agreements mast be in place
as fully executed;
14. All PROJECT and BYPASS mitigation obligations outstanding at the time of an adoption
of the SR4' Bypass into the 'State Highway System, if any, will be performed' by
AUTHORITY until completed to the satisfaction of those involved permitting agencies.
15. AUTHORITY will prepare. a Transfer' and Relinquishment Report (T&R Report) ,for
STATE's review and approval prior to-completion of construction of the SR4 Bypass at
no cost to STATE. The T&R Report will:
• Establish the design standards for PROJECT and BYPASS in anticipation:> of
adoption into the State Highway System immediately following PROJECT and
BYPASS completion consistent with the fallowing facility descriptions:
SEGMENTS 1A and 1B, (to a point 650 meters north of Lane Tree Way) Freeway,
- SEGMENT IB (from 650 meters north. of Lane Tree Way) through SEGMENT 2
and SEGMENT 3 except the East-West Connector-Expressway.
SEGMENT 3 East-West•Connector-Conventional Highway.
• It will recognize all then existing,design exceptions.
• It shall include a funding plan for STATE's "cost to relinquish'", accounting for
available SHOPP funds. Said funding plan shall also apportion that STATE "cost to
relinquish'among LOCAL AGENCIES.
10'
01601
District Agreement No. 4-1885-C
16. If SEGMENT: 1 B is intended to be opened for traffic, either in whole or in part, before
the adoptionprocess is complete, that new road connection must be formally approved
by the CTC as a local road owned, operated' and maintained as a local road by the
AUTHORITY or an appropriate LOCAL AGENCY:
17. LOCAL AGENCIES agree not to take, actions that would delay or compromise the
adoption of the SR4 Bypass as a freeway, expressway, and conventional highway as
reflected in Article 5 of RECITALS and LOCAL AGENCIES will support and advocate
future projects by pursuing the adoption of a precise alignment that will further
improve the SR4 .Bypass facility to full freeway standards where appropriate. This
includes, to the extent possible, avoiding new access openings and longitudinal utility
encroachments within the designated SR4 Bypass right of way intended to be adopted
by the CTC.
18. AUTHORITY and affected LOCAL AGENCIES agree to preserve a 110-foot corridor along'
Marsh Creek Road"through administration of CCs General Plan, adopted in 1996, and
by enforcement of a 2 -foot set back requirement on each side of the current
anticipated 64-foot'CC right of way on Marsh Creek Road. AUTHORITY and CC agree to
preclude construction of future permanent structures within that 110-foot corridor':
19. Adoption of the SR4 Bypass into the State Highway System is expected to include 92°1n
of the ultimate right of way for a full freeway facility with interchanges from existing
SR4 cast of Hillcrest Avenue in Antioch to the west end of Marsh Creek Road near
Brentwood that is larger than the necessary operating right of way for BYPASS as
presently planned. Within the footprint of the ultimate right of way are four
longitudinal utility`encroachments which are listed below and shown on Exhibits B and
C, attached to and made a part of this Agreement:
• PG&E transmission tower at future Sand Creek Road interchange.
• Los Vaqueros pipeline at future Balfour Road interchange.
• Pacific Gas and Electric (PG&E) transmission tower at future Balfour Road
interchange
• Kinder-.`Morgan petroleum pump station at future Balfour Road interchange.
20. Prior to completion of the SR4 Bypass T&R report, AUTHORITY agrees to provide STATE,
for review pnd concurrence, relocation plans and associated cost. estimates for the four
longitudinal:utility encroachments named in Article 19 above. Those relocation plans
shall include the roles and responsibilities of the future project sponsor(s) for the future
expansion of the Sand Creek Road and Balfour Road intersections to full freeway status.
21.In the event that AUTHORITY determines and that determination concurred with by
STATE, that the relocation of the PG&E transmission towers at Sand Creek Road is not
feasible, STATE will consider a formal encroachment exception when Sand Creek Road
intersection is expanded to full freeway status.
22.In the event that the Balfour Road intersection is expanded and upgraded to a freeway
interchange,, the utilities named in Article 19 of this Section III and shown on Exhibit B
will be relocated as part of the expansion project by the future project;sponsor and no
request for a longitudinal encroachment variance will be granted by STATE, except for
the PG&E overhead transmission line along the east side of said interchange.
I1
016018
District Agreement No. 4-1885-C
23.AUTHORITY;agrees to diligently:attempt to identify and acquire, prior to adoption and
acceptance of the SR4 Bypass into the State Highway System, a parcel wherein the
Kinder-Morgan pumping station can be relocated in the future. AUTHORITY will request
that Kinder-Morgan perform a Hydraulic Study to confirm that site is acceptable. When
such parcel is identified, AUTHORITY shalt attempt to obtain a written agreement from
Kinder-Morgan certifying that the subject parcel is suitable and acceptable for future
relocation of the pump station for a period at least five (5) years beyond the date of the
Kinder-Morgan certification.
24.AUTHORITY' agrees to pursue funding to begin construction of the Balfour Road
interchange:before October 1, 2014, and to pay all utility relocation costs associated
with the construction of said interchange. In the 'event that AUTHORITY is not the
Balfour Road Interchange project sponsor, AUTHORITY still agrees' to cause the
relocation of the Los Vaqueros pipeline, as shown on Exhibit B, by enforcing the terms of
the agreement between.AUTHORITY and the Contra Costa Water District.
25. STATE agrees to allow the present existing East Contra Costa Irrigation District pipe to
remain within the proposed SEGMENT'2 right of way limits, provided that this segment
of that pipeline can be accessed and maintained from adjacent properties and access
fencing is placed to restrict direct access between that utility andtheSR4 Bypass traffic
facilities configured for freeway operations.
26.Any longitudinal utility encroachment, except the utilities specked in Article 19 of this
Section III, intended to remain within the BYPASS,right of way: shall be conceptually
approved by STATE before construction of SEGMENTS 1B:and 3 commences and shall
be formally approved by STATE prior to any adoption of the SR4 Bypass into the State
Highway System. STATE will diligently work with AUTHORITY to seek`approval to the
longitudinal utility encroachment exceptions.
27.The CTC's .adoption of the SR4 Bypass and the relinquishment of those bypassed
portions of existing SR4, in their=,then present>>states'of good repair,will be accomplished
contemporaneously pursuant to future executed Relinquishment Agreements with the
affected LOCAL AGENCIES once PROJECT and BYPASS are completed and STATE
concludes that the SR4 Bypass meets all STATE design and operating standards and as
defined in the T&RS report.
28. STATE intends to accept operational and maintenance responsibilities for the SR4
Bypass upon adoption when all SEGMENTS of that SR4 Bypass are designed and
constructed:in accordance with Article 15 of this Sections III, are free;and clear of all
liabilities and encumbrances except for the 'expressly permitted utility encroachments
identified in Article 19 of Section III of this Agreement and other approved longitudinal
utility encroachments per Article 26 of Section III of this Agreement, and
contemporaneous Resolutions for that adoption and for the relinquishment pursuant to
Article 27 of this Section III. STATE will diligently work with AUTHORITY to support the
OTC's approval of those longitudinal utility encroachment'exceptions.'
29.Executed relinquishment agreements with each LOCAL AGENCY will be necessary prior
to adoption.
30. Prior,to adoption of the SR4 Bypass into the State Highway System, AUTHORITY will
coordinate the execution of these Relinquishment Agreements between STATE and
LOCAL AGENCIES.
31.STATE agrees to confer with AUTHORITY and LOCAL AGENCIES in developing the scope
of the PSSR for the programmed S14OPP project. STATE agrees to prepare'a Project
Scope Summary Report (PSSR)'to define the: scope'and estimated costs related to any
12
016018
District Agreement No. 4-1885-C
CTC approved betterments for.the to-be relinquished facility pursuant to section 73 of
the Streets and Highway Code.
32.For the purposes of negotiating the total of any betterment costs to improve and
rehabilitate the SR4 right of way to be relinquished, STATEcurrently has no more than
$7.54 million in capital costs programmed in the SHOPP to rehabilitate SR4 between the
SR4/160 Separation and Sellers Avenue. This segment of SR4 and the segment from
Sellers Avenue to Marsh Creels Road will be superseded when the SR4 Bypass is adopted
and the portions of SR4 to be relinquished are passed to LOCAL AGENCIES by the CTC.
33.If STATE can identify additional SHOPP funding for "coast to relinquish" from the
SR4/lfia Separation to Marsh Creep Road, those new SHOPP funds can be incorporated
into the Relinquishment Agreements with the LOCAL AGENCIES to accomplish STATE's
relinquishment pursuant to section 73 of the Streets and Highways Code.
34. STATE may need to utilize all or;part of programmed SHOPP funds to rehabilitate SR4
before SR4 Bypass is adopted as a: State facility and the :superseded route is
relinquished to LOCAL AGENCIES. The balance remaining from the $7.54 million in
SHOPP funds and any other additional funds recommended by STATE and programmed
by the CTC'may be used for STATE's '"cost to relinquish", if any,beond providing
continued STATE maintenance to assure operability at the then:current state of good
repair'with the understanding that STATE may have performed rehabilitation work on
the portions'of SR4 proposed to be relinquished by using;all or part of these SHOPP
funds prior to the OTC's adoption of the BYPASS into the State Highway System,
35.AUTHORITY shall negotiate as the agent of LOCAL AGENCIES for the allocation and
distribution,of these available relinquishment SHOPP funds and available work effort of
AUTHORITY as respects those impacted areas of SR4 to be relinquished to the affected
LOCAL AGENCIES;and all pasties acknowledge and concur that no additional work or
funding demands on the part of STATE will be incorporated into the separate
relinquishment agreements to be executed an and with the same effective date. No part
of the SR4 Bypass will be adopted as part of SR4 until all LOCAL AGENCY
relinquishment agreements are fully executed and effective:
36.Prior to acceptance of the SR4 Bypass into the State Highway System, Concord Avenue
and existing bicycle and pedestrian access on SEGMENT 2 of the SR4 Bypass will be
eliminated to STATE's satisfaction and any replacement facilities shall be provided by
AUTHORITY at AU'THORITY's expense.
37.AUTHORITY will assume operational and maintenance responsibility and the expense
thereof for all BYPASS and PROJECT`'segments until acceptance'of any such;part into
the State Highway System by STATE, approval by the Federal Highway Administration, if
required, conveyance of acceptable title to STATE, and contemporaneous the
relinquishment of the bypassed portions of SR4 to LOCAL AGENCIES. LOCAL
AGENCIES will own and operate designated' (by STATE) 'local facilities located within
PROJECT and BYPASS right of way.
38.AUTHORITY' will be responsible to ensure that appropriate traffic signal, sign, and
lighting maintenance agreements between AUTHORITY and the affected LOCAL
AGENCIES have been executed prior to PROJECT and BYPASS completion and
operation. Said maintenance agreement(s) shall be submitted to STATE for review and
concurrence prior to execution.' At the time of adoption and acceptance of the SR4
Bypass into the State Highway System, those terms and conditions shall be set forth in
separate maintenance agreements) to be executed with STATE by each affected LOCAL
AGENCY.
13
0160.1
District Agreement No, 4-1885-C
39. Nothing in the provisions of this Agreement is intended to create.duties or obligations to
or rights in third parties not parties to this Agreement or to affect the legal l ability.of
any party to the Agreement by imposing any standard of care with respect to the
development, design, construction, operation; or maintenance of SR4,<PROJECT and
BYPASS different from the standard of care imposed by law.
40. Neither STATE nor any officer or employee thereof are responsible for any damage;.or
liability occurring by reason of anything done or omitted to be done by AUTHORITY and
LOCAL AGENCIES ;under or in connection with any work, authority-or jurisdiction
delegated to AUTHORITY and LOCAL AGENCIES under this Agreement. it is understood
and agreed that, pursuant to Government Code section 895.4, AUTHORITY and LOCAL
AGENCIES shall fully defend,.indemnify and save harmless STATE and all 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)
occurring by reason of anything done or omitted to be done by AUTHORITY and LOCAL
AGENCIES under or in connection with any work, authority or jurisdiction delegated to
AUTHORITY and LOCAL AGENCIES under this Agreement.
41.Neither AUTHORITY and LOCAL AGENCIES nor any officer or employee thereof are
responsible for any damage or liability 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. It is understood and agreed that, pursuant
to Government Code section 895.4, S'T'ATE shall fully defend, indemnify and save
harmless AUTHORITY and LOCAL AGENCIES and all 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) 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.
42 Neither LOCAL AGENCIES nor any officer or employee thereof are responsible for any
damage or liability occurring, by reason of anything done or omitted to be done by
AUTHORITY and STATE under or in connection with any work, authority or jurisdiction
delegated to AUTHORITY and STATE under this Agreement. It is understood and agreed
that,pursuant to Government Code section 895.4, LOCAL AGENCIES shalt fully defend,
indemnify and save harmless AUTHORITY and STATE and all their officers, employees
and consultants 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 81{7.8)
occurring by reason of anything done or omitted to be done by LOCAL AGENCIES under
or in connection with any work,authority or jurisdiction delegated to LOCAL AGENCIES
under this Agreement.
43.AUTHORITY' shall indemnify,' defend, and 'hold harmless STATE, its officers and
employees from any and all claims, demands, actions, liability, or damages resulting'or
alleged to result from STATE's oversight, review, and approval of BYPASS and PROJECT
improvements and 'arising prior to adoption of the SR4 Bypass into the State Highway
System.
44 This Agreement may be terminated or provisions contained herein may be altered,
changed,or amended by mutual consent of the parties hereto.
45.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.
14
District Agreement No. 4-1$$5-C
46.Those portions of this Agreement pertaining°, to the construction of PROJECT shall
terminate upon completion and acceptance of the construction contract for PROJECT by
AUTHORITY with concurrence: of STATE, or on December 31, 2008, whichever is
earlier in time. However, the ownership, operation, maintenance, liability, and claims
clauses and the obligations of the parties relative to SR4 and the SR4 Bypass and the
proposed relinquishments,demolition,mitigation, and'tnmsfers of property and utility and
facility relocations shall remain in effect until terminated or modified in writing by mutual
agreement:
15, ,
016018
District Agreement No. 4-1885-C
STATE OF CALIFORNIA STATE ROUTE 4 BYPASS AUTHORITY
Department of Transportation
WILL KEMPTON
Director
By: By:
Deputy District Director Chairman
Approvers as to farm and procedure:
Attest: Maurice M. Shiu, Secretary
Attorney' By:
Department of Transportation
Certified as to budgeting of funds: Approved as to form:
Siivano B. Marchesi`'
County Counsel
District Budget Manager
By:
Deputy
Certified as to financial terms and
conditions:
Tel, ntingAdrnnis ator
16
016018
District Agreement No. 4-1885-C
COUNTY OF CONTRA COSTA
By; <
Gyle B. U# nma. Chair and of
Supervisors
Attest: John Sweeten, Clerk of the Board of
Supervisors
By: "
Approved as to form:
Silvano B. Marches#
County Counsel
JL
Deputy
17
016018
District.Agreement No. 4-1885-C
CITY OF ANTIOCH
By:
Mayor
Attest:
City Clerk
Approved as to form:
Attorney
18.
01601.8
District AgreementNo. 4-1885-C
CITY 4F BRENTWOOD
By:
Mayor
Attest:
City Clerk
Approved as to form:
Attorney
19'_
01.8018
District Agreement No. 4-1885-C
CITY OF OAKLEY
By:
Mayor
Attest:
City Clerk
Approved''as to form.
Attorney
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