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HomeMy WebLinkAboutMINUTES - 03141995 - 1.5 TO- BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 14, 1995 SUBJECT: APPROVE COOPERATIVE AGREEMENT TO WIDEN STATE HIGHWAY 4 IN OAKLEY Project No.: 4660-6x4013-92 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute Cooperative Agreement, No. 4-1613-C between the County and the State of California to provide for the widening of State Highway 4 from Empire Avenue to Vintage Parkway in the Oakley area. II. Financial Impact: There is no financial impact to the General Fund. The project is funded by the Oakley/North Brentwood Area of Benefit, SB300 funds, County Redevelopment and Flood Control Drainage Area 29 C/D. III. Reasons for Recommendations and Background: Contra Costa County plans to widen State Highway 4 to provide four lanes from Empire Avenue to Vintage Parkway in Oakley. The improvements will include widening to four lanes with a raised, landscaped median, drainage facilities and a new traffic signal at Teakwod Drive. Cooperative Agreements between the State and the County are required because Highway 4 is a State facility. The Cooperative Agreement specFies the duties and obligations of the County and the State in completing the project. 1V. Consequences of Negative Action: Failure to approve and execute the Cooperative Agreement will result in the County being unable to construct the improvements to Highway 4 in Oakley. Continued on Attachment:_ SIGNATURE:�Y'� _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE'S ACTION OF BOARD ON March 14, 1995 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS X UNANIMOUS =_ABSENT ) AYES: NOES: ABSENT: ABSTAIN: KE:'I 19 c\BO:bol4b.t2 an a;tion taken aqd,,entered ori the minutes of the Board of Supervisors on the date shown. (1 Contact: Kevin Emigh, =313-2233) ATTESTED: A Orig. Div: Public Works(Design Division) PHIL sAfcHELOR;cleric of the eoRrd cc: County Administrator of Supervisors and County Administrator Attn: E. Kuevor Auditor Contolller By = - —- _ caputy PW ACcounting Jv J , J 4-CC-4 32 . 6/33.4 z Empire Ave/Vintage Pkwy J J ` 4225-161001 - Gym L _" Dist. Agmt. No. 4-1613-C--- 1 Document No.CC-7- J rCOOPERATIVE AGREEMENT 9•` This AGREEMENT, entered into on is between the STATE , OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as STATE, and COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred to herein as COUNTY. RECITALS 11) STATE and COUNTY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within COUNTY. (2) COUNTY desires to construct State highway improve- ments consisting of widening State Route 4 from Empire Avenue to Vintage Parkway in the Oakley area referred to herein as PROJECT, and is willing to fund one hundred percent -100%) of all capital outlay and staffing costs, except that costs of STATE' s oversight of construction activities will be borne by STATE. (3 ) COUNTY desires. to prepare the contract documents and advertise, award and administer the construction contract for -1- Dist. Agmt. No. 4-1613-C PROJECT in order to bring about the earliest possible completion of PROJECT. (4) STATE is agreeable to COUNTY' s proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT. (5) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. (6) Pro_ect development responsibilities for PROJECT were covered in' a prior Cooperative Agreement executed by STATE and COUNTY on October 19, 1993 District Agreement No. 4-1449-C, Document No. CC=7-9096) . SECTION I COUNTY AGREES• ( 1) To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the Local Agency Public Construction Act and the California Labor Code, in- cluding its prevailing wage provisions. Workers employed in the performance of work contracted for by COUNTY, 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 Con- tractors. COUNTY shall obtain applicable wage rates from the State Department of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. -2- Dist. Agmt. No. 4-1613-C (2 To apply for necessary encroachment permits for re- quired work within State highway rights of way, in accordance with STATE' s standard permit procedures, as more specifically de- fined in Articles f.2) , (3) , (4) , (5) and 16) of Section III of this Agreement. 13- To require that the construction contractor furnish both a payment and performance bond in COUNTY' s name, with both bonds complying with the requirements set forth in Section 3-1.02 of STATE' s current Standard Specifications. 14) To construct PROJECT in accordance with plans and specifications of COUNTY to the satisfaction of and sub_ect to the approval of STATE. (5i Contract Administration procedures shall conform to the requirements set forth in STATE' s Construction Manual, Local Programs Manual and the Encroachment Permit for construction of PROJECT. (6) Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE' s Stand- and Specifications and PROJECT Special Provisions, and in con- formance with ; methods and practices specified in STATE' s Construction Manual. (7) To provide at no cost to STATE, survey crews and staking assistance (COUNTY provided Prosect Surveyor) as re- quired. All surveys, construction staking and R/W staking will be performed in accordance with STATE' s "Surveys Manual" , the April 1, 1992 "Staking Information" booklet, and their revisions. -3- Dist. Agmt. No. 4-1613-C Work not covered by these appropriate references will be per- formed in accordance with accepted professional surveying stand- ards as approved by the Caltrans District 4 Right of Way Engineering/Survey overisght personnel. (81 Material testing and quality control shall conform to the State Construction Manual and the State Material. Testing Manual, and be performed, at COUNTY expense, by a certified mate- rial tester acceptable to STATE. Independent assurance testing, specialty testing, and off-site source inspection and testing shall be performed by STATE, at no cost to COUNTY except as noted herein. COUNTY shall reimburse STATE for any additional travel expenses incurred by STATE for off-site inspection and testing performed by STATE 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, at STATE expense. = 9 To furnish, at COUNTY expense and sub_ect to ap- proval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the func- tions of a Resident Engineer. If the PROJECT plans and specifi- cations were prepared by a private engineering company, the Resident Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the construction contractor. 110) To pay one hundred percent (100%) of the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders -4- Dist. Agmt. No. 4-1613-C concurred with 'by the STATE representative and any "State- furnished material" . X11) : At COUNTY expense, to furnish qualified support staff, subject to approval of STATE, to assist the Resident Engi- neer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, prepa- ration 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 plans and specifications. Said qualified support staff shall be independent of the design engineering company and con- struction contractor, except that. the PROJECT designer may check the shop drawings, do soils foundation tests, test construction materials, and check construction surveys. (12) To make progress payments to the contractor using COUNTY funds and pay all costs for required staff services as de- scribed in Articles (9) and ll) of this Section I . The STATE representative . shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. X13 ) Within sixty 60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a complete set of acceptable full-sized film positive re- producible As-Built plans and all contract records, including -5- Dist. Agmt. No. 4-1613-C survey documents, Records of Surveys and microfilm copy of all structure plans. ' 14) Upon completion of work under this Agreement, COUNTY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way un- til acceptance ,of any such part of PROJECT into the State highway system by. STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. (15 ) "If COUNTY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require COUNTY, at COUNTY expense, to return right of way to its original condition or to a condition of acceptable permanent operation. If COUNTY fails to do so, STATE reserves the right to finish PROJECT or place PROJECT in satisfactory permanent operation con- dition. STATE will bill COUNTY for all actual expenses incurred and COUNTY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due COUNTY from the Highway User Tax Fund. SECTION II STATE AGREES: ,1) To issue at no cost to COUNTY and COUNTY' s contrac- tor, upon proper application by COUNTY and by COUNTY' s contrac- tor, the necessary encroachment permits for required work within -6- Dist. Agmt. No. 4-1613-C t State highway right of way, as more specifically defined in Arti- cles (2) , 13) , (41 , (5) and (6) of Section III of this Agreement. (2) To provide, at no cost to COUNTY, a qualified STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of , the encroachment permit(s-- issued to COUNTY and COUNTY' s contractor. (3 - To provide, at COUNTY expense, any "State-furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. SECTION III IT IS MUTUALLY AGREED: ( 1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation ',Commission. ,F2) Construction by COUNTY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until COUNTY' s original contract plans involving such work and plan for utility relo- cations have been reviewed and approved by signature of STATE' s District Director of Transportation, or the District Director' s delegated agent, and until an encroachment permit to COUNTY au- thorizing such work has been issued by STATE. -7- Dist. Agmt. No. 4-1613-C (3) COUNTY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and COUNTY' s application shall be accompanied by five (5) sets of reduced con- struction plans of aforesaid STATE approved contract plans, and five (5) sets of specifications. Receipt by COUNTY of the ap- proved encroachment permit shall constitute COUNTY' s authori- zation from STATE to proceed with work to be performed by COUNTY or COUNTY' s representative within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. COUNTY' s authorization to proceed with said work shall be contingent upon COUNTY' s compliance with all provisions set forth in this Agreement and said encroachment permit. (4) COUNTY' s construction contractor shall also be re- quired to obtain an encroachment permit from STATE prior to com- mencing any work within STATE rights of way or which affects STATE facilities. The application by COUNTY' s contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said con- tractor has payment and performance surety bonds covering con- struction of PROJECT. ,5) COUNTY shall provide a right of way certification prior to the granting of said encroachment permit by STATE, to certify that legal and physical control of rights of way were ac- quired in accordance with applicable State and Federal laws and regulations. -8- Dist. Agmt. No. 4-1613-C (6) COUNTY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to COUNTY by STATE. (7) COUNTY' s construction contractor shall maintain in force, until completion and acceptance of the PROJECT con- struction contract, a policy of Contractual Liability Insurance, including coverage of Bodily In_ury Liability and Property Damage Liability in accordance with Section 7-1. 12 of State Standard Specifications.. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certif- icate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to COUNTY' s contractor. (8) Prior to award of the construction contract for PROJECT, COUNTY may terminate this Agreement by written notice. (9) In construction of said PROJECT, representatives of COUNTY and STATE will cooperate and consult, and all work pursu- ant to PROJECT shall be accomplished according to approved plans, specifications and applicable STATE standards. Satisfaction of these requirements shall be verified by the STATE representative. The STATE representative is authorized to enter COUNTY' s property during construction for the purpose of monitoring and coordinat- ing construction activities. (10) Changes to PROJECT plans and specifications shall be implemented by contract change orders reviewed and concurred -9- Dist. Agmt. No. 4-1613-C with by the STATE representative. - All changes affecting public safety or public convenience, all design and specification changes, and all ma-or changes as defined in STATE' s Construction Manual shall be approved by STATE in°'fadvance of performing the work. Unless otherwise directed b the STATE representative, 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 Section I, Article (13) of this Agree- ment. (11) COUNTY shall provide a claims process acceptable to STATE and shall process any and all claims through COUNTY' s claim process. The STATE representative will be made available to COUNTY to provide advice and technical input in any claim process. (12) If any existing public and/or private utility fa- cilities conflict with PROJECT construction or violate STATE' s encroachment policy, COUNTY shall make all necessary arrangements with the owners of such facilities for their protection, relo- cation or removal in accordance with STATE policy and procedure for those facilities. located within the limits of work providing for the improvement of the State highway and in accordance with COUNTY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be determined in accordance with STATE policy and procedure. COUNTY shall require any utility owner and/or :its contractors performing relocation work in -10- Dist. Agmt. No. 4-1613-C STATE' s right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. Any relocated or new facilities shall be correctly shown and identified on the As- Built plans referred to in Section I, Article (13) of this Agree- ment. ;13 • I£ any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and COUNTY shall meet and confer on a course of action. The responsibil- ities and costs for any action shall be covered by amendment to this Agreement. (14) 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 traf- fic, COUNTY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. COUNTY shall take all necessary precautions for safe operation of COUNTY' s vehicles, the construction contractor' s equipment and vehicles and/or vehicles of personnel retained by COUNTY and for the protection of the traveling public from in_ury and damage from such vehicles or equipment. (15) Upon completion and acceptance of the PROJECT con- struction contract by COUNTY to the satisfaction of the STATE representative and subsequent to the execution of a maintenance agreement, STATE will accept control and maintain, at its own cost and expense, those portions of PROJECT lying within STATE' s -11- Dist. Agmt. No. 4-1613-C right of way, except local roads delegated to COUNTY for mainte- nance. (16) COUNTY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside STATE' s right of way. Also, COUNTY will maintain at COUNTY ex- pense, local roads within STATE' s `right of way delegated to COUNTY for maintenance. (17) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances in- stalled within STATE' s right of way will automatically be vested in STATE, and' materials, equipment and appurtenances installed outside of STATE' s right of way will automatically be vested in COUNTY. No further agreement will be necessary to transfer own- ership as hereinabove stated. (18) Nothing in the provisions of this Agreement is in- tended to create duties or obligations to or rights in third par- ties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 119 Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by COUNTY under or in con- nection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully de- -12- Dist. Agmt. No. 4-1613-C fend, indemnify and save harmless the STATE of California, all 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) occuring by reason of anything done or omitted to be done by COUNTY under or in con- nection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. Once PROJECT work is accepted by STATE, COUNTY shall not be required> to defend, indemnify or save harmless STATE, its officers or employees from any claims, suits, actions or liability filed or asserted by third parties relating to the use, operation or maintenance of PROJECT by STATE. (20) 'Neither COUNTY nor any officer or employee thereof is responsible for any damage or liability occuring by reasons of anything done or omitted to be done -,by STATE under or in con- nection 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, STATE shall defend, indemnify and save harmless COUNTY from all claims, suits or actions of every name, kind and description brought for or on ac- count of in_ury (as defined in Government Code Section 810.8) occuring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or _uris- diction delegated to STATE under this Agreement. Once PROJECT work is accepted by STATE, STATE shall defend COUNTY, its offi- cers and employees against all claims, suits, actions or liabil- -13- Dist. Agmt. No. 4-1613-C ity filed or asserted by third : parties relating to the use, operation or maintenance of PROJECT by STATE. (211 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 incor- porated herein shall be binding on any of the parties hereto. (22) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and ac- ceptance of PROJECT construction contract by COUNTY or on Septem- ber 30, 1999, whichever is earlier in time; however, the -14- Dist. Agmt. No. 4-1613-C 1 ownership, operation, maintenance, and claims clauses shall re- main in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA COUNTY OF CONTRA COSTA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By Chairp rson, Board of Supervisors By District Division Chief Attest, County Administrator and Clerk of the Board of Supervisor Approved as to form and procedure By D puty Clerk Attorney Department of Transportation Certification of- funds I hereby certify upon my own Certified as to funds personal knowledge that budgeted funds are available for the period and purpose of payment to the construction contractor and to qualified support staff District Resource Manager pursuant to this Agreement. Certified as to form and procedure Fiscal Officer District Accounting Administrator -15- STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION BOX 23660 OAKLAND, CA 94623-0660 (510) 286-4444 TDD (510) 286.4454 April 14, 1995 Mr. J. Michael Walford Director of Public', Works Contra Costa County 255 Glacier Drive Martinez, CA 94559-4897 Dear Mr. Walford: Subject: Executed Cooperative Agreement for Files Enclosed for the County' s files is a copy of the fully executed Cooperative Agreement documented and numbered as CC-7-9870 for the widening of Route 4 from Emp ,remA-venuue�-to, vyV�nftIage_Parkwa_y-'in' the Oakley area. Sincerely, JOE BROWNE District Director By HILMER A. FORSEN District Office Chief Project Development CC-I/Benicia Martinez Enclosure 4-CC-4 32 . 6/33 .4 Empire Ave/Vintage Pkwy 4225-161001 Dist. Agmt. No. 4-1613-C Document No.CC-7- COOPERATIVE AGREEMENT This AGREEMENT, entered into on March 14, 1995 is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as STATE, and COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred to herein as COUNTY. RECITALS (1 ) STATE and COUNTY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within COUNTY. (2) COUNTY desires to construct State highway improve- ments consisting of widening State Route 4 from Empire Avenue to Vintage Parkway in the Oakley area referred to herein as PROJECT, and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except that costs of .STATE' s oversight of construction activities will be borne by STATE. (3) COUNTY desires to prepare the contract documents and advertise, award and administer the construction contract for Dist. Agmt. No. 4-1613-C PROJECT in order to bring about the earliest possible completion of PROJECT. (4 STATE is agreeable to COUNTY' s proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT. - 5) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. (6) Project development responsibilities for PROJECT were covered in a prior Cooperative Agreement executed by STATE and COUNTY on October 19, 1993 (District Agreement No. 4-1449-C, Document No. CC-7-9096) . SECTION I COUNTY AGREES: , 1) To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the Local Agency Public Construction Act and the California Labor Code, in- cluding its prevailing wage provisions. Workers employed in the performance of 'work contracted for by COUNTY, 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 Con- tractors. COUNTY shall obtain applicable wage rates from the State Department' of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. -2- Dist. Agmt. No. 4-1613-C (2 To apply for necessary encroachment permits for re- quired work within State highway rights of way, in accordance with STATE' s standard permit procedures, as more specifically de- fined in Articles . 2) , 3) , (4 , (5) and (6 of Section III of this Agreement. (3 To require that the construction contractor furnish both a payment and performance bond in COUNTY' s name, with both bonds complying with the requirements set forth in Section 3-1.02 of STATE' s current Standard Specifications. (4) To construct PROJECT in accordance with plans and specifications of COUNTY to the satisfaction of and subject to the approval of STATE. (5 Contract Administration procedures shall conform to the requirements set forth in STATE' s Construction Manual, Local Programs Manual and the Encroachment Permit for construction of PROJECT. (6) Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE' s Stand- and Specifications and PROJECT Special Provisions, and in con- formance with methods and practices specified in STATE' s Construction Manual. (7) To provide at no cost to STATE, survey crews and staking assistance (COUNTY provided Project Surveyor) as re- quired. All surveys, construction staking and R/W staking will be performed in accordance with STATE' s "Surveys Manual", the April 1, 1992 "Staking Information" booklet, and their revisions. -3- Dist. Agmt. No. 4-1613-C t Work not covered by these appropriate references will be per- formed in accordance with accepted professional surveying stand- ards as approved by the Caltrans District 4 Right of Way Engineering/Survey oversight personnel. (8) Material testing and quality control shall conform to the State Construction Manual and the State Material Testing Manual, and be performed, at COUNTY expense, by a certified mate- rial tester acceptable to STATE. Independent assurance testing, specialty testing, and off-site source inspection and testing shall be performed by STATE, at no cost to COUNTY except as noted herein. COUNTY shall reimburse STATE for any additional travel expenses incurred by STATE for off-site inspection and testing performed by STATE 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, at STATE expense. `91 To ''furnish, at COUNTY expense and subject to ap- proval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the func- tions of a Resident Engineer. If the PROJECT plans and specifi- cations were prepared by a private engineering company, the Resident Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the construction contractor. (10) To pay one hundred percent (100%) of the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders -4- 0 Dist. Agmt. No. 4-1613-C concurred with by the STATE representative and any "State- furnished material" . (11) At COUNTY expense, to furnish qualified support staff, subject to approval of STATE, to assist the Resident Engi- neer in, but not limited . to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, prepa- ration 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 plans and specifications. Said qualified support staff shall be independent of the design engineering company and con- struction contractor, except that the PROJECT designer may check the shop drawings, do soils foundation tests, test construction materials, and check construction surveys. (12 ) To make progress payments to the contractor using COUNTY funds and, pay all costs for required staff services as de- scribed in Articles 19) and (11- of this Section I . The STATE representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. (13) Within sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a complete set of acceptable full-sized film positive re- producible As-Built plans and all contract records, including -5- Dist. Agmt. No. 4-1613-C survey documents, Records of Surveys and microfilm copy of all structure plans. ,14) Upon completion of work under this Agreement, COUNTY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way un- til acceptance of any such part of PROJECT into the State highway system by STATE; approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. (15) If COUNTY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require COUNTY, at COUNTY expense, to return right of way to its original condition or to a condition of acceptable permanent operation. If COUNTY fails to do so, STATE reserves the right to finish PROJECT or place PROJECT in satisfactory permanent operation con- dition. STATE will bill COUNTY for all actual expenses incurred and COUNTY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due COUNTY from the Highway User Tax Fund. SECTION II STATE AGREES• (1) To'. issue at no cost to COUNTY and COUNTY' s contrac- tor, upon proper application by COUNTY and by COUNTY' s contrac- tor, the necessary encroachment permits for required work within -6- Dist. Agmt. No. 4-1613-C t State highway right of way, as more specifically defined in Arti- cles 12) , (3 ) , (4) , , 5 and (6) of Section III of this Agreement. 121 To provide, at no cost to COUNTY, a qualified STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation `of property and to assure compliance with all provisions of the encroachment permit(s) issued to COUNTY and COUNTY' s contractor. (3 To provide, at COUNTY expense, any "State-furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. SECTION III IT IS MUTUALLY AGREED: ( 1) All obligations of STATE under the terms of this Agreement are sub_ect to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Construction by COUNTY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until COUNTY' s original contract plans 1involving such work and plan for utility relo- cations have been reviewed and approved by signature of STATE' s District Director of Transportation, or the District Director' s delegated agent, and until an encroachment permit to COUNTY au- thorizing such work has been issued by STATE. -7- Dist. Agmt. No. 4-1613-C (3 ) COUNTY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and COUNTY' s application shall be accompanied by five (5) sets of reduced con- struction plans of aforesaid STATE approved contract plans, and five .(5) sets of specifications. Receipt by COUNTY of the ap- proved encroachment permit shall constitute COUNTY' s authori- zation from STATE to proceed with work to be performed by COUNTY or COUNTY' s representative within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. COUNTY' s authorization to proceed with said work shall be contingent upon COUNTY' s compliance with all provisions set forth in this Agreement and said encroachment permit. (4) COUNTY' s construction contractor shall also be re- quired to obtain an encroachment permit from STATE prior to com- mencing any work within STATE rights of way or which affects STATE facilities. The application by COUNTY' s contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said con- tractor has payment and performance surety bonds covering con- struction of PROJECT. (5) COUNTY shall provide a right of way certification prior to the granting of said encroachment permit by STATE, to certify that legal and physical control of rights of way were ac- quired in accordance with applicable State and Federal laws and regulations. -8- Dist. Agmt. No. 4-1613-C (6) COUNTY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to COUNTY by STATE. , 7) COUNTY' s construction contractor shall maintain in force, until completion and acceptance of the PROJECT con- struction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7-1. 12 of State Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certif- icate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to COUNTY' s contractor. (8) Prior to award of the construction contract for PROJECT, COUNTY may terminate this Agreement by written notice. (9) In construction of said PROJECT, representatives of COUNTY and STATE will cooperate and consult, and all work pursu- ant to PROJECT shall be accomplished according to approved plans, specifications and applicable STATE standards. Satisfaction of these requirements shall be verified by the STATE representative. The STATE representative is authorized to enter COUNTY' s property during construction for the purpose of monitoring and coordinat- ing construction activities. (10) Changes to PROJECT plans and specifications shall be implemented by contract change orders reviewed and concurred -9- Dist. Agmt. No. 4-1613-C with by the STATE representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE' s Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by the STATE representative, 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 Section I, Article f13 ) of this Agree- ment. (11) COUNTY shall provide a claims process acceptable to STATE and shall process any and all claims through COUNTY' s claim process. The STATE representative will be made available to COUNTY to provide advice and technical input in any claim process. (12) If any existing public and/or private utility fa- cilities conflict with PROJECT construction or violate STATE' s encroachment policy, COUNTY shall make all necessary arrangements with the owners of such facilities for their protection, relo- cation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement of the State highway and in accordance with COUNTY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be determined in accordance with STATE policy and procedure. COUNTY shall require any utility owner and/or its contractors performing relocation work in -10- Dist. Agmt. No. 4-1613-C STATE' s right of way to obtain a STATE encroachment permit prior to the performance of saidrelocation work. Any relocated or new facilities shall be correctly shown and identified on the As- Built plans referred to in Section I, Article (13) of this Agree- ment. (13 ) If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and COUNTY shall meet and confer on a course of action. The responsibil- ities and costs for any action shall be covered by amendment to this Agreement. (14) 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 traf- fic, COUNTY shall comply with all of the requirements set forth in Divisions 11,12, 13, 14 and 15 of the Vehicle Code. COUNTY shall take all necessary precautions for safe operation of COUNTY' s vehicles, the construction contractor' s equipment and vehicles and/or vehicles of personnel retained by COUNTY and for the protection of the traveling public from injury and damage from such vehicles or equipment. (15) Upon completion and acceptance of the PROJECT con- struction contract by COUNTY to the satisfaction of the STATE representative and subsequent to the execution of a maintenance agreement, STATE will accept control and maintain, at its own cost and expense, those portions of PROJECT lying within STATE' s -11- Dist. Agmt. No. 4-1613-C right of way, except local roads delegated to COUNTY for mainte- nance. 116 COUNTY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside STATE' s right of way. Also, COUNTY will maintain at COUNTY ex- pense, local roads within STATE' s right of way delegated to COUNTY for maintenance. (17) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances in- stalled within STATE' s right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE' s right of way will automatically be vested in COUNTY. No further agreement will be necessary to transfer own- ership as hereinabove stated. (18) Nothing in the provisions of this Agreement is in- tended to create duties or obligations to or rights in third par- ties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (19) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by COUNTY under or in con- nection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully de- -12- Dist. Agmt. No. 4-1613-C fend, indemnify and save harmless the STATE of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of in_ury (as defined in Government Code Section 810.8) occuring by reason of. anything done or omitted to be done by COUNTY under or in con- nection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. Once PROJECT work is accepted by STATE, COUNTY shall not be required to defend, indemnify or save harmless STATE, its officers or employees from any claims, suits, actions or liability filed or asserted by third parties relating to the use, operation or maintenance of PROJECT by STATE. (20) Neither COUNTY nor any officer or employee thereof is responsible for any damage or liability occuring by reasons of anything done or omitted to be done by STATE under or in con- nection 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, STATE shall defend, indemnify and save harmless COUNTY from all claims, suits or actions of every :name, kind and description brought for or on ac- count of in_ury ' as defined in Government Code Section 810.8 occuring by reason of anything done or omitted to be done by STATE under or ,�in connection with any work, authority or juris- diction delegated' to STATE under this Agreement. Once PROJECT work is accepted by STATE, STATE shall defend COUNTY, its offi- cers and employee's against all claims, suits, actions or liabil- -13- i Dist. Agmt. No. 4-1613-C ity filed or asserted by third parties relating to the use, operation or maintenance of PROJECT by STATE. (21) 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 incor- porated herein shall be binding on any of the parties hereto. (22) Those portions of this Agreement pertaining to the construction ofl PROJECT shall terminate upon completion and ac- ceptance of PROJECT construction contract by COUNTY or on Septem- ber 30, 1999, whichever is earlier in time; however, the . -14- I' Dist. Agmt. No. 4-1613-C ownership, operation, maintenance, and claims clauses shall re- main in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA COUNTY OF CONTRA COSTA Department of Transportation JAMES W. VAN LOBEN SELS Director of. Transportation By Chairpers0n, Board of Supervisors By District Division Chief Attest, County Administrator and Clerk of the Board of Supervisors: Approved as to form and procedure By l� Depxdty Clerk Attor0y Department of Transportation Certification of funds I hereby certify upon my own Certified as to funds personal knowledge that budgeted funds are available for the period and purpose of payment to the construction contractor and \(✓� to qualified support staff i rict Resource Manager pursuant to this Agreement. Certified as to form and procedure Fiscal Officer �f CGGc�,eoin �!�-WYE District Accounting Administrator r� By Debut, J ii 9. INFORMALITIES; CANCELLATION OF SALE. Contra Costa County reserves the right to waive any informality or irregularity in any offer, or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by County through no fault, action or inaction of the Optionee, all monies deposited shall be refunded without payment of interest. 10. TITLE. The right,title and interest in the properly to be sold shall not exceed that vested in the County, and the property is being sold subject to all title exceptions, restrictions, easements and reservations,whether or not of record. The Optionee may obtain a policy of title insurance at Optionee's own expense. 11. FEES AND TAXES. The Optionee shall pay all recording fees,documentary transfer taxes, or other real estate transaction taxes, or fees by whatever name known, including escrow fees or broker's commission, if any, and personal property sales taxes where applicable. 12. CONDITION OF THE PROPERTY. Neither the County not its agents make any warranty,guaranty or representation with respect to the condition of the property nor does it assume any responsibility for the conformance to codes or permit regulations of the ,city and/or County in which the property is located. It is the OPTIONEE'S RESPONSIBILITY to obtain expert advice on the condition of the property and to determine and comply with all building, planning and zoning regulations relative to the property and the uses to which it can be put. Optionee relies solely on his own judgment,experience and investigation as to the present and future condition of the properly and as to any repairs made to it. County has provided to Optionee and Optionee has examined the"Wood Destroying Pests and Organisms Inspection Report dated October 31, 1994. Optionee hereby releases County,its agents and employees and any other person involved in anyway with said report,repair of the property or sale of the property, from any claim resulting from any present or future'condition of the property, including any claim for loss resulting from, contributed to,or aggravated by,earth movement. Optionee hereby releases County, its agents and employees and any other person involved in any way with the inspection reports, repair of the property or sale of the property,from any claim resulting from any present or future condition of the property. 13. SEVERABILITY. Should any part,term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual,the validity of the remaining parts,terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions, or provisions can be construed in substance to constitute the Agreement that the parry jurisdiction intended to enter into in the first instance., 14. INDEMNIFICATION. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect,save and hold harmless County,its officers,employees and agents,from any and all claims, costs and liability for any damages,sickness,death,or in ury to persons or properly,including without limitation all consequential damages, form any cause whatsoever, including the sole or joint negligence of County, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition or use of the property to be sold pursuant to this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use; and will make good to and reimburse the County for any expenditures,including reasonable attorneys'fees the County may make by reason of such matters, and if requested by County will defend any such suits at Optionee's sole expense. This obligation shall survive the assignment of this option,expiration of the option period or other termination of the option. 15. GRANT DEED. Upon exercise of the option and approval by the Board of Supervisors,the property shall be conveyed by Grant Deed to: 11 l lfnn°7 lil/ �OP (s-iow name) show how title to be vested 16. NOTICES. All notices and services pertaining to matters arising in connection with this transaction may be made upon Optionee/in person or by registered mail addressed to Optionee at: 14&g2. .57' ;address) ,telephone), CONTRA COSTA COUNTY' OPTION By: .✓f By: Chaft, Board of Supekfsors ATTEST: Phil Batchelor, County Administrator and Clerk of the Board of Supervisors By: Deputy - l SA36mp.t 1 1. February,28, 1995.'