HomeMy WebLinkAboutMINUTES - 02071995 - 1.1 wl
TO: BOARD OF SUPERVISORS t+�
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: February 7, 1995
SUBJECT: Peralta Road Widening Memorandum of Understanding with the City of Concord.
Project No.: 4660-6X4126-94, CP 94-33
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Approve the Peralta Road Widening Memorandum of Understanding, between the County and the City
of Concord, and Authorize the Public Works Director to sign the Memorandum.
II. Financial Impact:
No General Fund monies will be used for this project. Full project funding has been deposited in the
Central County Area of Benefit (Trust Fund 8242) by Siemens Medical Laboratory, Inc.
III. Reasons for Recommendations and Background:
On January 17, 1989 the Board of Supervisors heard and denied the appeal of Siemens Medical
Laboratory, Inc. for payment of the Countywide Area of Benefit traffic Mitigation fee. The fee was
collected in August 1988 when Siemens Medical Laboratory, Inc. applied for a building permit to construct
a new facility in the North Concord Area. This area was originally annexed to the City of Concord. A
lawsuit was filed against the annexation which resulted in the annexation being voided. Because of this,
the building permit was applied for from the County rather than the City of Concord.
When the development program report for the Countywide Area of Benefit was prepared, the North
Concord area was either in the City of Concord or was included in the Bates Avenue Assessment District
for street improvements. This area was excluded from the development potential calculation, and traffic
mitigation projects in this area were not included in the program. On this basis, the Board determined
that the fees collected should be used to pay for Siemens' traffic mitigation in the North Concord area.
w
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON Vl 9'9 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
AS:eh
g:\transeng\as\bo7.t2 1 hereby certify that this is a true and correct copy of
an action taken and entered:;s the minutes of the
Board of Supervl n the t^
Orig. Div: Public Works(TE) ATTESTED:
Contact: Al Schaal, 313-2234 PHIL BATCHELOR, 7--ard
cc: M. Shiu, Deputy PW Director of Supervisors and Cots.: :;:.rator
Public Works Accounting
City of Concord eY Deputy
Karl Haug, Siemens
Peralta Road Widening Memorandum of Understanding with the City of Concord.
February 7, 1995
Page 2
III. Reasons for Recommendations and Background: (cont.)
In denying the appeal, the Board directed the Public Works Department to coordinate with the City of
Concord to determine the appropriate traffic mitigation for the Siemens Development.
Siemens Medical Laboratory, Inc. deposited $350,000 in the Central County Area of Benefit for offsite
improvements when building permits were issued.
A refund of$119,660 ($100,607 plus accrued interest)was issued to Siemens Medical Laboratory, Inc.
on November 27, 1990 for offsite improvements.
The remaining money is to be used to mitigate traffic impacts that are determined by the County, with the
concurrence of the City of Concord, to be Siemens' responsibility. It has been determined that the
remaining money will be used to widen Peralta Road between Arnold Industrial Way and Arnold Industrial
Place. This project will fulfill Siemens' obligation to mitigate traffic impacts in the North Concord area.
The Public Works Department staff and the City of Concord staff have met and selected the widening
of Peralta Road as the best traffic mitigation project for these funds.
On July 12, 1994 the Board of Supervisors approved the Project and determined that the project is a
California Environmental Quality Act Class 1 c Categorical Exemption and directed the Public Works
Director to prepare contract plans and specifications for construction.
This Memorandum of Understanding will formalize the verbal agreement that exists between the Public
Works Department and the City of Concord.
IV. Consequences of Negative Action:
The Project would not be constructed, and Siemens would be relieved of their obligation to contribute to
the mitigation of traffic impacts in the North Concord Area.
MEMORANDUM OF UNDERSTANDING
Peralta Road Widening Project
Concord, California
THIS MEMORANDUM OF UNDERSTANDING (MOU) ENTERED INTO ON February 14
1995, is between the County of Contra Costa, a political
subdivision of the State of California, referred to herein as
"COUNTY", and the City of Concord, a local public entity and
municipal corporation, referred to herein as "CITY".
RECITALS
A. COUNTY AND CITY propose construction to widen Peralta Road
between Arnold Industrial Place and Arnold Industrial Way, which is
referred to herein as the "PROJECT".
B. COUNTY is willing to act as the proponent responsible for
overall management of the PROJECT (such as schedule, budget, and
oversight of other public agencies or consultants) for design and
construction of the PROJECT.
C. COUNTY AND CITY desire to jointly participate in the design and
construction of the PROJECT and wish to establish a framework for
all parties involved to make decisions on the PROJECT.
D. This MOU sets forth the framework under which the following
activities are to be accomplished:
* environmental clearance
* right of way acquisition
* design
* construction
Now therefore, the parties do hereby agree as follows:
SECTION I•
COUNTY AGREES•
A. COUNTY will act as the "Lead Agency" for the PROJECT and
administer the traffic mitigation funds collected from Siemens
Medical Laboratory.
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B. To provide all the necessary Environmental Documents for review
in accordance with the requirements of the California Environmental
Quality Act (CEQA) . Said draft documents are subject to review and
comment by CITY prior to COUNTY determination.
C. To acquire all necessary permits for the PROJECT.
D. To notify the owners of existing utilities if conflicts exist
with the construction of the PROJECT. COUNTY will inspect the
protection, relocation or removal of such conflicting utilities as
part of the construction inspection of the PROJECT.
E. To perform design engineering, including the preparation of
construction plans, specifications, estimates, utility
coordination, surveying and all necessary design engineering
services for the PROJECT.
F. To perform construction engineering, including surveying,
inspection and testing for the construction of the PROJECT. COUNTY
will provide overall PROJECT supervision by a qualified member of
COUNTY staff, or qualified consultant, who is a Civil Engineer
licensed in the State of California.
G. To construct the PROJECT by contract in accordance with plans
and, specifications prepared the COUNTY. CITY shall be named as
additional indemnitee and as additional insured in the construction
contract between COUNTY and the Contractor for the PROJECT.
H. To submit construction documents (Plans, Specifications and
Estimate) to CITY for review and comment at the 35% and 100% plan
completion stages.
SECTION II•
CITY AGREES:
A. To research its existing utility franchise agreements to
determine the financial responsibility for relocating any utilities
that are in conflict with the PROJECT.
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B. To provide prompt review and comment on the design, plans,
specifications and estimate at the 35% and l00% completion stages.
C. To accept upon completion of construction the new improvements
and to own, operate and maintain all street facilities as
constructed under PROJECT and make no claim against COUNTY for any
portion of such maintenance expense after acceptance by the CITY.
D. To prepare and submit detailed billing statements to COUNTY for
engineering review of the plans, specifications and estimate, not
to exceed 1.5 times the CITY staff base salary.
E. To issue without collection of any fees an encroachment permit
for the PROJECT to the COUNTY and to the project Contractor.
SECTION III
IT IS MUTUALLY AGREED:
A. That all costs of this PROJECT shall be paid to the extent
possible from the traffic mitigation funds collected from Siemens
Medical Laboratory.
B. That if'after the opening of the project bids the project costs
are projected to exceed the funds available the COUNTY and the CITY
will cooperate in deleting and/or reducing items of work as needed
to reduce the project costs to the funds available. These
deletions and/or reductions shall be agreed to in writing prior to
the award of the construction contract.
C. That the CITY may at its sole discretion elect to fund any part
of the PROJECT slated for elimination from the PROJECT pursuant to
Section III Paragraph B.
D. That the CITY will be reimbursed for its costs only if there
are funds available after all other project costs are paid.
E. That the COUNTY will act as the "Lead Agency" and the CITY will
act as a "Responsible Agency" in preparation of the Environmental
Documents for the PROJECT.
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F. That the COUNTY will not advertise for bids to contract PROJECT
until this MOU has been executed by all parties thereto and all
partiesagree that the construction documents specify the necessary
improvements that are to be constructed.
G. That no alteration or variation of the terms of this MOU 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.
H. That any notices which may be required under this MOU shall be
in writing.
I. That each party agrees to do all such things and take all such
actions, to make, execute and deliver such other documents,
instruments, and improvements as shall be reasonably requested to
carry out the provisions, intent and purpose of this MOU.
J. That neither COUNTY, 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 CITY under or in connection
with any work, authority or jurisdiction delegated to CITY under
this MOU. It is also understood and agreed that, pursuant to
Government Code Section 895.4, CITY shall fully indemnify and hold
the COUNTY harmless from any liability imposed for injury as
defined by Government Code Section 810.8 occurring by reason of
anything done or omitted to be done by CITY under this MOU or in
connection with any work, authority, or jurisdiction delegated to
CITY under this MOU.
K. That neither CITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by COUNTY under or in
connection with any work, authority or jurisdiction delegated to
COUNTY under this MOU. It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully
indemnify and hold CITY harmless from any liability imposed for
injury as defined by Government Code Section 810.8 occurring by
reason of anything done or omitted to be done by COUNTY under this
MOU or in connection with any work, authority, or jurisdiction
delegated to COUNTY under this MOU.
L. That this MOU shall terminate and become null and void
ninety(90) days after acceptance by the CITY of the new
improvements and acquired right of way as cited in Section II
paragraph C of this MOU.
Page 4
M. That after CITY accepts the improvements constructed as a
result of the PROJECT, CITY 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 and cause whatsoever arising directly
or indirectly from or connected with the improvements constructed
as a result of the PROJECT, save and except claims or litigation
arising through the sole negligence or sole willful misconduct of
COUNTY or its officers, or employees, and CITY shall reimburse
COUNTY for any expenditures, including reasonable attorney fees,
COUNTY may make by reason of the matters that are the subject of
this indemnification and, if requested by COUNTY, will defend any
claims or litigation to which this indemnification provision
applies at the sole cost and expense of CITY. This indemnification
clause shall survive and be effective after the termination of this
MOU.
COUNTY OF CONTRA COSTA CITY OF CONCORD
by• by:
c W n'r(J
J Mi
Mic4"l WaXfo%r14' Edward R. James, City Manager
Di ectoe of Public orks
X,
APPROVED AS TO FORM: ATTEST:
Victor J. Westman,
County Counsel By:
B i'� ���� � � City Clerk
Deputy APPROVED AS TO FORM:
U1,
By:_11avy
C Attorney
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