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HomeMy WebLinkAboutMINUTES - 07111995 - C4 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 11, 1995 SUBJECT: Approve the Joint Exercise of Powers Agreement between Contra Costa County and the Contra Costa County Flood Control and Water Conservation District for the widening of State Route 4 from Empire Avenue to Vintage Parkway in the Oakley area. Project No.: 4660-6X4013 (Road Improvements) 7556-6D8520 (Flood Control Improvements) SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the Contra Costa County Flood Control and Water Conservation District for the State Route 4: Empire to Vintage widening project to include the installation of Flood Control Drainage Area 29D, Line J. AUTHORIZE the Chairperson to execute the Agreement for both the County and the Flood Control District. II. Financial Impact: The estimated cost of the installation of the storm drain line 'J' in Drainage Area 29D as described in the Agreement is $84,100 funded by Drainage Area 29D (100%). There is no impact to the General Fund. III. Reasons for Recommendations and Background: Contra Costa County is proposing to construct improvements on State Route 4 between Empire Avenue and Vintage Parkway. Within these project limits, the Contra Costa County Flood Control and Water Conservation District proposes to install Drainage Area;F, 'J'. In order to avoid the extra expense and disruption that separate construction of ects would entail, the v Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON U it 1l APPROVED AS RECOMMENDED ✓OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: SK:eh g:\transeng\skow\bo11JEPA.t7 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. Orig. DIV: Public Works(TIE) -- ATTESTED: L_& /�. /9�� Contact: Nancy Wein,Tel.313-2275 PHIL BATeAELoK Clerk of the Board ' cc: County Administrator of Supervisors and County Administrator Auditor-Controller Public Works Accounting ,Deputy M.Morton, Flood Control Approving Joint Exercise of Powers Agreement between Contra Costa County and the Contra Costa County Flood Control and Water Conservation District for the widening of State Route 4 from Empire Avenue to Vintage Parkway. July 11, 1995 Page 2 III. Reasons for Recommendations and Background: (Continue) County and the Flood Control District agreed to have the flood control improvements constructed as part of the County's road improvement project. The purpose of the Agreement is to provide for joint construction of the two projects and the apportionment of project duties and costs between the County and the Flood Control District. IV. Consequences of Negative Action: If the Agreement is not approved and executed, the flood control improvements will not be constructed. JOINT EXERCISE OF POWERS AGREEMENT PROJECT NO. 7556-6D8520-93 4660-6X4013 1. Parties: Effective on the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "COUNTY," and the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "DISTRICT," pursuant to Government Code section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The COUNTY is constructing a project consisting of the widening of State Highway 4 from Empire Avenue to Vintage Parkway Project No. 4660- 6X4013 in the Oakley area(hereinafter referred to as the "COUNTVs project"). Within the same area, the DISTRICT plans to construct a project consisting of the installation of a storm drain line (DA-29D, Line J, Project No. 7556-6D8520-93), crossing the highway approximately 400 feet west of Vintage Parkway(hereinafter referred to as the "DISTRICT's project"). In order to avoid the extra expense and disruption that separate construction of these projects would entail, the parties desire that the DISTRICT's project be constructed as a part of the COUNTY's project. The purpose of this Agreement is to provide for joint construction of the two projects and the apportionment of project duties and costs between the COUNTY and the DISTRICT. 3. Method: (a) The COUNTY shall perform the following activities: 1. Act as lead agency pursuant to CEQA. 2. Acquire all right-of-way necessary for the joint project. 3. Obtain the necessary Caltrans approvals for the joint project. 4. Prepare plans and specifications for the joint project described above, incorporating the design furnished by the DISTRICT for the DISTRICT's project. 5. Advertise the joint project for public bid and award a contract for project construction. 6. Perform all construction engineering, surveys, materials testing, contract administration and inspection of the project work. -1- 7. Accept the project work when the COUNTY has determined that said work has been completed. 8. Prepare and submit to the DISTRICT a report of project expenditures. (b) The DISTRICT shall perform the following activities: 1. Act as a responsible agency pursuant to CEQA. 2. Assist in the design of the DISTRICT's project and furnish such design to the COUNTY for incorporation into the plans and specifications for the joint project. 3. Review and approve the plans and specifications for the joint project before the joint project is advertised for bid. 4. Participate in the final inspection and recommend to the COUNTY the acceptance of the DISTRICT's project. 5. Consult with the COUNTY, as necessary, to enable the joint project to be properly completed. 4. Financial Responsibility: (a) The DISTRICT shall pay for all costs of constructing the DISTRICT's project, including compensation to the COUNTY for preliminary engineering, construction engineering and contract administration performed by the COUNTY, as well as all costs of any changes or extra work requested by the DISTRICT. The quantity breakdown and the estimated costs of such construction are set forth in attached Exhibit A. A separate work order, number 8520, has been established to accumulate the DISTRICT's portion of the preliminary engineering. All charges to work order 8520 shall be paid by the DISTRICT. The DISTRICT will share costs, as shown on Exhibit A, for construction engineering, contingencies, and contract administration based on a percentage obtained by dividing the total dollar value for the DISTRICT project by the total project cost. The DISTRICT shall pay for the storm drain easement that would have been necessary in the absence of the COUNTY's project. The value would be approximately 50 percent of the cost to purchase the roadway property in fee, plus an approximate acquisition charge of$1,500. The DISTRICT shall pay for any required special permits associated with the construction -2- of Line J. (b) The COUNTY shall pay for all costs of constructing the COUNTY's project, including all costs of any changes or extra work requested by the COUNTY. (c) After each progress payment to the project contractor, COUNTY shall bill DISTRICT for DISTRICT's portion of the progress payment. DISTRICT shall pay each bill when billing is received from the COUNTY. (d) Should the as-built quantities differ from those set forth in Exhibit A, said quantities and the costs of the COUNTY's project and the DISTRICT's project shall be adjusted accordingly. (e) Within sixty days of acceptance of the final payment to the contractor, the COUNTY shall deliver to the DISTRICT a report of project expenditures, together with a bill for the additional amount, if any, owed to the COUNTY. Payment for the amount owed to the COUNTY, if any, shall be made no later than forty-five days after the date of billing by the COUNTY. 5. Insurance and Hold Harmless: (a) The contract documents for the joint project shall include provisions requiring the contractor to provide insurance and indemnification naming the DISTRICT, its officers and employees to the same extent as provided to the COUNTY. (b) Neither the DISTRICT, 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 the COUNTY in connection with any work delegated to the COUNTY under this Agreement, and to the extent not covered by the above-described insurance or indemnification, the COUNTY shall defend, indemnify, save and hold harmless the DISTRICT, its officers and employees against the same. (c) Neither the 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 the DISTRICT in connection with any work delegated to the DISTRICT under this Agreement, and to the extent not covered by the above-described insurance or indemnification, the DISTRICT shall defend, indemnify, save and hold harmless the COUNTY, the State of California, their officers and employees against the same. (d) The DISTRICT acknowledges that entry into the construction area carries with it a certain risk and agrees to release the COUNTY, the State of California, their officers and employees from any liability for death of, or injury to, the DISTRICT's representative(s) while -3- present in the construction area, except for liability resulting from the sole negligence or willful misconduct of the COUNTY. (e) Nothing in this Agreement is intended to affect the legal liability of either party to third parties by imposing any standard of care different from that normally imposed by law. 6. Acceptance and Maintenance: (a) Upon completion of the joint project, the COUNTY shall conduct the final inspection, with the DISTRICT performing inspection of the DISTRICT's project. After receiving the DISTRICT's recommendation for acceptance of the DISTRICT's project, the COUNTY shall accept the joint project as complete for itself and for the DISTRICT. (b) Upon acceptance of the joint project, the COUNTY shall own and be responsible for maintaining the DISTRICT's project and shall defend, indemnify, save and hold harmless the DISTRICT, their officers and employees against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death occurring after acceptance and relating to the design, construction, use, operation or maintenance of said improvements. 7. Agreement Modification: This Agreement shall be subject to modification only with the written consent of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which the Agreement is drafted. S. Restrictions: Pursuant to Government Code section 6509, the powers of the parties under this Agreement shall be subject to the restrictions on such powers applicable to the COUNTY. 9. Accountability: As required by Government Code section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the joint project. 10. Surplus MoneyL Any surplus money on hand at the termination of this Agreement shall be returned to the parties in proportion to the contributions made. 11. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the final payment described in section 4(e) above. Notwithstanding termination of this Agreement, the provisions of section 6(b) shall survive such termination. -4- COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: By: Chairperson, Board of Supervisors Chai6erson,43oard of Sup rvisors ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: _ - By: /\ Deput RECOMMENDED FOR APPROVAL: FORM APPROVED: J. Michael Walford, Public Works Director By:--� District Counsel By: Publ' o s Dir o� FORM APPROVED: Victor J. Westman, County Counsel By: Deputy g:\fldctrl\DA\JEPA7556.wpd -5- EXHIBIT A COST ESTIMATE Contra Costa County Public Works Department Project Name: Highway 4 Phase III-Empire to Vintage Project Location: Oakley Area No. Description Quantity Units Unit Cost Total 1 Trench Shoring Protection 446 LF $5.00 $2,230.00 ........................................................................................................................................................................................................................................................... ...... ............. ......._... ........... .............._............ .. ......... .... ..... ... ... ... ......... .......... .. _.... . 2 Mobilization - 1 LS $7.1.p00 00' 3 Constcuctian Brea Signs 1 LS $2;;100 0Q $2,100:Q0 ...:.... .: ......... . ....... . .. 4 Traffic Control System 1 LS $7,500.00 $7,500.00 5 Abandon Valve Assembly 1 LS $1,750.00 $1,750.00 6 Remove Traffic Stripes and Markings 1 LS $2,000.00 $2,000.00 7 Remove Roadside Signs 3 EA $50.00 $150.00 8 Reset Mailboxes 11 EA $165.00 $1,815.00 9 Relocate Roadside Signs 8 EA $100.00 $800.00 10 Relocate Water Services 12 EA $530.00 $6,360.00 11 Modify Manhole to Inlet 1 LS $1,200.00 $1,200.00 12 Cold Plane AC Pavement(.10'Max.) 3200 SF $0.50 $1,600.00 13 Remove Concret(Curb, Swlk, Isl. Nose) 1 LS $7,500.00 $7,500.00 14 Clearing and Grubbing 1 LS $14,000.00 $14,000.00 15 Roadway Excavation(F) 2372 CY $16.00 $37,952.00 16 Shoulder Backing 50 TON $20.00 $1,000.00 17 Class 2 Aggregate Base 1750 TON $15.00 $26,250.00 18 Asphalt Concrete(Type A, 3/4"Max, Med.) 2582 TON $31.00 $80,042.00 19 Asphalt Concrete(Open Graded) 445 TON $46.00 $20,470.00 20 Asphalt Concrete Dike(Type A&C) 2162 LF $1.50 $3,243.00 21 Minor Structure(Type"OS" Inlet) 5 EA $1,200.00 $6,000.00 22 Mlnor Structure(Type"G2"Inlet) 8 EA $1,100.00 $8,800.00 ...._ ..... .... .__. ........ ....._... .... __ _ _....._... ....... ....... ............._.. .. ... ....... . ......... ............. ......... .. ....._.. _ ... ......... .. ....... .. _ ..... _............ 23 Minor Structure:(Type IIIMH wJ;U45 Lid):; 1 L5 $T000 ....... ........ __ _ ... .... 24 Roadside Signs one post) 21 EA $140.00 $2,940.00 25 12"CSP 20 LF $45.00 $900.00 26 18"Alternative Pipe Culvert 1175 LF $30.00 $35,250.00 27 -48 Alternative .1.'P.­P11A1 Culvert(50 Jacked) 118 LF _395 00 $46 610 OQ .. 28 Minor Concrete(Type A2-6 curb&Gutter) 675 LF $12.50 $8,437.50 29 Minor Concrete(Type S1-8M Curb&Gutter) 735 LF $10.00 $7,350.00 30 Minor Concrete(Sidewalk and Ramps) 4075 SF $2.00 $8,150.00 31 Minor Concrete(Median Curb) 4060 LF $5.00 $20,300.00 32 Minor Concrete(Textured Paving) 9400 SF $6.00 $56,400.00 33 Thermoplastic Traffic Stripe(Detail 9) 5414 LF $0.30 $1,624.20 34 Thermoplastic Traffic Stripe(Detail 22) 649 LF $1.00 $649.00 35 Thermoplastic Traffic Stripe(Detail 25A) 4025 LF $0.40 $1,610.00 36 Thermoplastic Traffic Stripe(Detail 27B) 5925 LF $0.40 $2,370.00 37 Thermoplastic Traffic Stripe(Detail 29) 112 LF $2.00 $224.00 38 Thermoplastic Traffic Stripe(Detail 38) 1120 LF $1.20 $1,344.00 39 Thermoplastic Traffic Stripe(12"White) 597 LF $2.00 $1,194.00 40 Thermoplastic Pavement Marking 973 SF $2.50 $2,432.50 41 Landscape and Irrigation 1 LS $110,000.00 $110,000.00 42 Traffic Signal 1 LS $145,000.00 $145,000.00 Other Costs: SUBTOTAL' $763,547.20 [1] Preliminary Engineering 15% $114,532.08 OTHER COST $477,975.48 .................................................................................................. .........................._....._.................._. _.._.......... ........_........... Gonsfruction Engmeerr g 12 5" :' $95;443.40 SUBTOTAL $1,241,522.68 RW Engineering $5,000.00 CON7IGENCY 10%": $85,899.06 ... ........................_...... Real Property $10,000.00 TOTAL $1,327,421.74 RM Aquisition $250,000.00 Environmental $3,000.00 TOTAL OTHER COST $477,975.48 ROUNDED TOTAL $1,327,000 Contingency is 10%of the sum of SUBTOTAL and Construction Engineering. DISTRICT RESPONSIBLE FOR ENTIRE OR A PERCENTAGE OF THE SHADED ITEMS-See below for breakdown. COUNTY RESPONSIBLE FOR ALL OTHER ITEMS DETAILED BREAKDOWN OF DISTRICT'S COSTS Item Cost Minor Structure(Type III MH w/U45 Lid) $7,000.00 48"Alternative Pipe Culvert(50'Jacked) $46,610.00 Subtotal $53,610.00 [2] Percentage of Mobilization(see note below) $4,985.04 [3] Percentage of Construction Area Signs(see note below) $147.44 [4] Percentage of Construction Engineering(12.5%of([2]+[3]+[4])) $7,342.81 [5] Contingencies(10%of[2]+[5]) $6,095.28 Subtotal $18,570.57 Right-of-Way Labor Cost(fixed) $1,500.00 Easement Purchase Cost(fixed) $1,650.00 Subtotal $3,150.00 TOTAL $75,330.57 ROUNDED $75,3.0.0::: Note: The District's share of the Mobilization cost and Construction Area Signs cost is based on a percentage obtained by dividing[2]by the total contract item cost for the project[1].