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Home My WebLink AboutMINUTES - 04261994 - 1.9 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 26, 1994 SUBJECT: Cooperative Funding Agreement - Empire Avenue Bridge Project No.: 0662-6R4017-93 - CP#92-69 SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Cooperative Funding Agreement between the County and the East Bay Regional Park District (EBRPD), for the construction of sidewalks on the Empire Avenue Bridge in the Oakley area. ll. Financial Impact: There is no financial impact to the County General Fund. EBRPD will provide $18,000 from Measure AA to the County to construct extra-wide sidewalks on this bridge. III. Reasons for Recommendations and Background: EBRPD has requested that the Empire Avenue Bridge be built with wider sidewalks than originally proposed and have agreed to pay the incremental cost difference. The extra wide sidewalks are needed to allow the trail users on the Delta DeAnza Trail, to use the crosswalk at Laurel Road instead of crossing Empire Avenue at mid-block. It is about 100 feet from where the Delta DeAnza Trail meets Empire Avenue to the Laurel Road crosswalk. The Delta DeAnza Trail is an important regional transportation link connecting central Contra Costa County to eastern Contra Costa County. When complete the trail will encompass 21 miles and extend from Concord through Bay Point, Pittsburg, Antioch and terrpiate in Oakley. The trail will also connect to the Marsh Creek Trail which will provide a coin ion to the City of Brentwood. Continued on Attachment: X SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON .1� /,f?y APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS _ UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: J ABSTAIN: I Nareby cortify that this i9 a true and he correct copy of AS:eh BAoa of Si kenv nd Aon he date sshom. the c:B026.t4 " �'' 9 A SATC LOR Oe of the hoard at supervisors and aounty Administrator Orig. Div: Public Works (T/E) Contact: Al Schaal, Tel. 313-2234 By oevua cc: See Page 2 Cooperative Funding Agreement - Empire Avenue Bridge !1' April 26, 1994 Page 2 III. Reasons for Recommendations and Background: (Cont.) The Cooperative Funding Agreement allows the County to collect Measure AA funds from EBRPD in the amount of $18,000, and designates the County to be the responsible agency for the expenditure of these funds to construct the bridge. The County will maintain the bridge once completed and EBRPD will maintain and patrol the Delta DeAnza trail. IV. Consequences of Negative Action: Failure to execute the Empire Avenue Bridge Cooperative Funding Agreement between the EBRPD and the County for the $18,000 funding, may delay the construction of the bridge. cc: D. Eckerson, Design R. Gilchrist, Accounting S. Williams, EBRPD COOPERATIVE FUNDING AGREEMENT FOR IMPROVEMENTS TO THE EMPIRE BRIDGE FOR THE DELTA DE ANZA TRAIL, OAKLEY This Coope ative Funding Agreement made and entered the day of , 199,71,P" by and between the East Bay Regional Park District, hereinafter referred to as "EBRPD" and Contra Costa County, hereinafter referred to as "County" . WITNESSETH WHEREAS, County will replace the roadway bridge at Empire Avenue in Oakley at the Contra Costa Canal and provide two nine- foot sidewalks to accommodate regional trail users; and WHEREAS, the Empire Avenue roadway bridge will intersect with the Delta De Anza Trail, a regional trail being developed by EBRPD; and WHEREAS, EBRPD has a License Agreement with Contra Costa Water District to operate and maintain the completed trail at EBRPD's expense; and WHEREAS, the project which is the subject of this Agreement (hereinafter referred to as "Project") will be constructed to eliminate a mid-block trail crossing on Empire Avenue. WHEREAS County and EBRPD do mutually desire to cooperate in completing the Project and to specify herein the terms and conditions under which said Project will be designed, constructed, financed and maintained. NOW, THEREFORE, it is mutually agreed as follows: SECTION I EBRPD AGREES: (1) To provide funds estimated by County in the amount of $18,000 from Measure AA funds allocated by the EBRPD Board of Directors for construction of the Delta De Anza Trail to compensate the County for the additional costs related to the widening of the bridge sidewalks. (2) To deposit the full amount of the money to which it will become obligated, in trust, with County. (3) To review plans and specifications for the project before the County goes to bid. SECTION II COUNTY AGREES: 1 (1) To provide EBRPD with a set of plans and specifications before going to bid in which the sidewalk widening is identified as an add alternate with a specific price. (2) To provide management for the Project. (3) To require the Construction Contractor to maintain in force, until completion and acceptance of the Project construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Standard County requirements. Such policy shall contain an additional insured endorsement naming the EBRPD and the officers, agents and employees as additional insured. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to EBRPD which shall be delivered to EBRPD before the start of construction. (4) To maintain, in trust, funds deposited by EBRPD and issue payment from these funds as required under approved progress payments. (5) To provide EBRPD with a copies of contracts, invoices and canceled checks. (6) To submit to EBRPD, upon request, an accounting of trust funds and to retain, or cause to be retained for audit all records and accounts relating to the Project. (7) To operate and maintain the Project when complete. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) This Agreement may be amended or canceled by mutual consent in writing of the two parties. (2) Notices regarding this agreement shall be sent by first class mail, postage prepaid, to EBRPD at P. O. Box 5381, Oakland, CA 94605-0381 and to County at 255 Glacier Drive, Martinez, CA 94553-4897. ( 3) EBRPD shall defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent operations or services of EBRPD or its officers, employees, agents, or subcontractors hereunder. EBRPD shall reimburse County for any expenditures, including reasonable attorney's fees, County may by reason of the matters that are the subject of this 2 X indemnification and, if requested by County, shall defend any claims or litigation to which this indemnification applies at the sole cost and expense of EBRPD. (4) County shall defend, indemnify, save, and hold harmless EBRPD and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to persons(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent operations or services of County or its officers, employees, agents, or subcontractors hereunder. County shall reimburse EBRPD for any expenditures, including reasonable attorney's fees, EBRPD may by reason of the matters that are the subject of this indemnification and, if requested by EBRPD, shall defend any claims or litigation to which this indemnification applies at the sole cost and expense of County. (5) Entire Agreement. This Agreement contains the entire agreement between the parties with regard to matters described in this Agreement and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. (6) This Agreement shall be interpreted and enforced under the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, h, and year first hereinabove written. [CONTRA OSTA COU EAST REGTONAL PARK DISTRICT By By . A UL Ch irperson Ge era Manage Board of Supervisors Attested: Phil Batchelor Administrator and Clerk of the Board By Approved as to form: Approved as to form: Victor J. Westman Ted Radosevich Coun� Counsel j� Distri t Counsel By � S. / By 8/24/93 SE�) TJ 3 PRELIMINARY COST ESTIMATE Project Name: Empire Avenue Bridge Replacement Project No.: 0662-6114017-91 Description: EBRPD Share of Work for Trail Crossing of CCWD Canal ITEM OF WORK UNIT QUANTITY UNIT PRICE TOTAL 1. Furnish Precast, Prestressed SF 377 $25.00 $9,425.00 Concrete Slab 2. Erect Precast, Prestressed EA 2 1,000.00 2,000.00 Concrete Slab 3. Structural Concrete CY 7.7 300.00 2,310.00 (Abutments) 4. Cast-in-drilled-hole Concrete LF 60 35.00 2,100.00 Piers 5. Concrete Barrier (Type 26*) LF 19% of 100 105.00 1,995.00 6. Minor Concrete (Sidewalk) SF —7325 2.75 894.00 Total Construction Cost "$18,724.00 (Rounded) $18,750.00 *Concrete Barrier (Type 26) work item includes sidewalk on bridge. EBRPD's share of this work item is 19% based on area of 4-foot wide sidewalk. DHE:jlg c: Prelims.*