HomeMy WebLinkAboutMINUTES - 06171997 - C5 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: June 17, 1997
SUBJECT: Cooperative Agreement with the State of California.
Project No. 0662-6R4171.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute the revised Cooperative
Agreement between Contra Costa County and the State of California for the upgrade of the
existing traffic signal on Pacheco Boulevard at Arthur Road, Martinez area.
II. Financiallmpact:
No impact to the General Fund. The revised estimated cost to the County Road Funds has been
increased from $13,800 to $20,250.
III. Reasons for Recommendations and Background:
The Contra Costa County Public Works Department has received a State grant to upgrade the
existing traffic signal at the intersection of Pacheco Boulevard and Arthur Road. One leg of this
intersection is under the jurisdiction of the State of California, and thus they are responsible for
25% of the local share to fund the project. On April 1, 1997, the Board Approved and Authorized
the Chair to execute a Cooperative Agreement between the County and the State. That
agreement detailed the necessary requirements for funding, engineering and construction.
Subsequent to execution of the agreement by the County but prior to execution by the State, the
scope of work for the project changed, thereby increasing the total estimated project cost.
Consequently, the agreement has been revised to reflect the additional estimated project cost and
now needs to be submitted for approval.
IV. Consequences of Negative Action:
Failure to approve the agreement may jeopardize the sign izati roject due to a lack of
Continusg""agt:_ SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
^_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 17011APPROVED AS RECOMMENDED 770THER
VOyE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby cm*that thla IS a true and correct COPY Of
an action taken and entered on the minutes of the
JO: Board of supeVre on the date shod q'
p:\bol Pach.t4 jT LLL
board
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Orig. Div: Public Works- Design 1
19
Contact: Joe Olsen, Tel. 313-2284 D°p"b
cc: J. Bueren, Transportation Engineering
X17 -17
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04-CC-680-KP35 . 8(PM22 . 3 )
RTE. 680/Pacheco Blvd.
04353-1M0901
Dist. Agmt. No. 4-1638-C
Document No. CC-7-
COOPERATIVE AGREEMENT
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
( 1) STATE and COUNTY, pursuant to Streets and Highways
Code Sections 114 and 130, are authorized to enter into a Cooper-
ative Agreement for improvements to State highways within COUNTY.
(2 ) STATE and COUNTY contemplate upgrading traffic con-
trol signals and performing roadwork on Route 680 on/off ramps at
the intersection of Pacheco Boulevard and Arthur Road referred to
herein as "PROJECT" , and desire to specify the terms and condi-
tions under which PROJECT is to be engineered, constructed, fi-
nanced, and maintained.
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District Agreement 'No. 4-1638-C
(3 ) It is anticipated that Federal-aid funds will be
allocated for financing 90% of COUNTY' s share of PROJECT costs
which are eligible for Federal-aid participation.
SECTION I
COUNTY AGREES:
( 1) To provide all necessary preliminary engineering,
including plans and specifications and utility identification and
location, and all necessary construction engineering services for
PROJECT and bear 10% of the cost of the actual expense thereof
payable with COUNTY funds, with the remaining 90% payable from
Federal funds allocated to COUNTY. Estimates of such costs are
shown on Exhibit A, attached and made a part of this Agreement.
(2 ) If a consultant is used to prepare plans and spec-
ifications and administer a construction contract for PROJECT, to
follow the Consultant Selection Procedures for Federally funded
Highway Projects specified in Volume I , Section II of STATE' s
current Local Programs Manual .
(3 ) To identify and locate all high and low risk under-
ground facilities within the PROJECT area and to protect or oth-
erwise provide for such facilities, all - in accordance with
STATE' S "Manual on High and Low Risk Underground Facilities
Within Highway Rights of Way" . COUNTY hereby acknowledges re-
ceipt of STATE' s "Manual on High and Low Risk Underground Facili-
ties Within Highway Rights of Way" .
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District Agreement No. 4-1638-C
(4) To apply for necessary encroachment permits for re-
quired work within State highway rights of way, in accordance
with STATE' s standard permit procedures.
(5) PROJECT will be advertised, awarded, and adminis-
tered in accordance with STATE' s current Local Programs Manual,
Volume II . Approval of PROJECT funding shall be assured prior to
advertising.
(6) To construct PROJECT in accordance with plans and
specifications of COUNTY to the satisfaction of and subject to
the approval of STATE.
(7) To pay an amount equal to 75%, estimated to be
$145, 500, of the total actual construction cost of PROJECT, esti-
mated to be $194, 000 from COUNTY funds and to be reimbursed 90%
of such costs from Federal funds allocated to COUNTY. If instal-
lation of preemption equipment and audible pedestrian devices are
part of this PROJECT, COUNTY will pay all costs for equipment and
maintenance . In no event shall COUNTY' s total obligation from'
COUNTY funds for PROJECT costs under this Agreement, excluding
costs referred to in Section III , Article ( 13 ) , exceed the amount
of $217, 050, provided that COUNTY may, at its sole discretion, in
writing, authorize a greater amount.
(8) Upon completion of PROJECT and all work incidental
thereto, to furnish STATE with a detailed statement of the total
construction costs to be borne by STATE, including resolution of
any construction related claims which have been allowed to the
construction contractor. COUNTY thereafter shall refund to STATE
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District Agreement No. 4-1638-C
(promptly after completion of COUNTY' s audit) any amount of
STATE' s deposit required in Section II , Article ( 1) remaining af-
ter actual costs to be borne by STATE have been deducted, or to
bill STATE for any additional amount required to complete STATE' s
financial obligation pursuant to this Agreement, subject to the
limitations of STATE' s participation as stipulated in said Sec-
tion II , Article ( 1) .
(9) Upon completion of PROJECT, to furnish STATE a com-
plete set of full-sized film positive reproducible as-built
plans.
( 10) To reimburse STATE for COUNTY' s proportionate
share of the cost of maintenance of traffic control signals and
safety lighting, such share to be an amount equal to 75% of the
total maintenance costs, including electrical energy costs.
( 11 ) To retain or cause to be retained for audit by
STATE or other government auditors for a period of three (3 )
years from date of FHWA payment of final voucher, or four (4)
years from date of final payment under the contract, whichever is
longer, all records and accounts relating to construction of
PROJECT.
SECTION II
STATE AGREES:
( 1) To deposit with COUNTY within 25 days of receipt of
billing therefor (which billing will be forwarded 15 days prior
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District Agreement No. 4-1638-C
to COUNTY' s bid advertising date of a construction contract for
PROJECT) , the amount of $48, 500, which figure represents STATE' s
estimated share of the expense of construction costs required to
complete PROJECT, as shown on Exhibit A. STATE' s total obli-
gation for said anticipated PROJECT costs under this Agreement
shall not exceed the amount of $53, 350, excluding costs referred
to in Section. .I , Article I and Section III , Article ( 13 ) of this
Agreement.
(2) STATE' s share of the construction cost (estimated
to be $48;500) shall be an amount equal to 25% of the total ac-
tual construction costs of PROJECT, 'including the cost of con- ,
struction related claims and the cost of COUNTY defense of any of
those claims, as determined after completion of work and upon
final accounting of costs.
(3 ) To pay COUNTY upon completion of all work and
within twenty (20) days of receipt of a detailed statement made
upon final accounting of costs therefor, any amount over and-
above the aforesaid advance deposit required to complete STATE' s
financial obligation pursuant to this Agreement, provided that
STATE' s total obligation does not exceed the amount as stipulated
in Article ( 1 ) of this Section II , exclusive of utilities re-
ferred to in Section III , Article ( 13.) of this Agreement.
(4) To maintain the entire traffic control signals and
safety lighting as installed and pay an amount equal to 25% of
the total maintenance costs, including electrical energy costs.
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District Agreement No. 4-1638-C
(5) To operate .the traffic control signals as installed
and pay one hundred percent ( 100%) of the operation cost.
(6) To issue at no cost, upon proper application by
COUNTY and by COUNTY' s contractor, the necessary encroachment
permits for required work within the State highway right of way.
(7) To provide a State Project Coordinator to coordi-
nate and promptly review the work of COUNTY and its consultants,
if any, during the preparation of PS&E- 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.
(2 ) Should COUNTY award a contract for PROJECT prior to
the allocation of resources by the California Transportation Com-
mission, there is no guarantee of STATE' s participation and
COUNTY shall assume all risks thereof.
(3 ) Should any portion of PROJECT be financed with Fed-
eral funds or State gas tax funds, all applicable laws, regu-
lations and policies relating to the use of such funds shall
apply notwithstanding other provisions of this Agreement.
(4) Construction by COUNTY of improvements referred to
herein which lie within STATE highway rights of way or affect
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District Agreement No. 4-1638-C
STATE facilities, shall not be commenced until COUNTY' s original
contract plans involving such work and plans 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. Receipt by COUNTY
of COUNTY' s contract plans signed by STATE shall constitute
STATE' s acceptance and official approval of said plans.
(5) 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. Re-
ceipt by COUNTY of the approved encroachment permit shall
constitute COUNTY' s authorization from STATE to proceed with work
to be performed by COUNTY or COUNTY' s representatives within pro-
posed STATE right of way or which affects STATE facilities, pur-
suant to work covered by this Agreement. COUNTY' s authorization
to proceed with said work shall be contingent upon COUNTY' s com-
pliance with all provisions set forth in this Agreement and said
encroachment permit. .
(6) 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-
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District Agreement No. 4-1638-C
tractor has payment and performance surety bonds covering con-
struction of PROJECT.
(7) COUNTY shall not proceed to construct PROJECT until
after an encroachment permit has been issued to COUNTY by STATE,
nor shall COUNTY proceed to construct PROJECT until after receipt
of STATE' s deposit required in Section II , Article ( 1) of this
Agreement.
(8) After opening of bids for construction of PROJECT,
COUNTY' s estimate of cost will be revised based on actual bid
prices. STATE' s required deposit under Section II , Article (1)
of this Agreement will be increased or decreased to match said
revised estimate. If deposit increase or decrease is less than
$1, 000, no refund or demand for additional deposit will be made
until final accounting.
(9) After opening bids for construction of PROJECT, and
if bids indicate a cost overrun of no more than 10% of the esti-
mate will occur, COUNTY may award the contract.
(10) If, upon opening of bids, it is found that a cost
overrun exceeding 10% of the estimate will occur, COUNTY and
STATE shall endeavor to agree upon an alternative course of
action. ' If. after thirty (30) days, an alternative course of
action is not agreed upon, this Agreement shall be deemed to be
terminated by mutual consent pursuant to Article ( 12) of this
Section III .
( 11) Prior to award of the construction contract for
PROJECT, STATE may terminate this Agreement by written notice,
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District Agreement No. 4-1638-C
provided that STATE pays COUNTY for all PROJECT-related costs in-
curred by COUNTY prior to termination, such costs are not to ex-
ceed expenditures of $35, 000.
(12 ) If prior to award of the construction contract,
termination of this Agreement is by mutual agreement, STATE will
bear 25% and COUNTY will bear 75% of all costs incurred prior to
1
termination, with total: costs not to exceed $35, 000.
( 13 ) 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 to 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 in accordance with STATE policy
and procedure. Any relocated or new facilities shall be cor-
rectly shown and identified on the As-Built plans referred to in
Section I , Article (9) of this Agreement.
( 14) Upon completion of all work under this Agreement,
ownership and title to materials, equipment and appurtenances in-
stalled
nstalled 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
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District Agreement No. 4-1638-C
COUNTY. No further agreement will be necessary to transfer own-
ership as hereinabove stated.
( 15) The cost of any engineering or maintenance re-
ferred to herein in this Agreement shall include all direct and
indirect costs (functional and administrative overhead assess-
ment) attributable to such work, applied in accordance with
STATE' s standard accounting procedures.
( 16) 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.
( 17) Neither STATE nor any officer or employee thereof
is responsible for any damage or liability occurring 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. It is understood and agreed that,
pursuant to Government Code Section 895 . 4, COUNTY shall fully de-
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) occurring 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.
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District Agreement No. 4-1638-C
(18) Neither COUNTY nor any officer or employee thereof
is responsible for any damage or liability occurring by reason 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 fully de-
fend, indemnify and save harmless COUNTY 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 juris-
diction delegated to STATE under this Agreement.
.( 19) In the construction of said work, COUNTY will fur-
nish a representative to perform the functions of a Resident En-
gineer, and STATE may, at no cost to COUNTY, furnish. a
representative, if it so desires, to ensure conformance of . work
to STATE' s standards. Said representatives of COUNTY and STATE
will cooperate and consult with each other, but all work within
STATE' s right of way shall be accomplished to the satisfaction of
STATE' s representative.
(20) The costs referred to herein contemplate payment
in part with "matching funds" based on the assumption Federal-aid
funds will be allocated for financing approximately 90% of the
costs as shown on Exhibit A In the event that Federal-aid par-
ticipation is not secured, this Agreement may be terminated by
either party at any time prior to award of the construction con-
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District Agreement No. 4-1638-C
tract for PROJECT, or alternatively, each party' s participation
may be renegotiated by amendment to "make up" for the loss of
Federal funds . If termination occurs, costs shall be limited to
the sum set in Articles ( 11) or (12) of this Section III .
(21) Those. portions of this Agreement pertaining to the
construction of PROJECT shall terminate upon completion and ac-
ceptance of the construction contract for PROJECT by COUNTY with
concurrence of STATE, or on June 30, 2002, whichever is earlier
in time; however, the ownership, operation, maintenance, liabil-
ity, and claims clauses shall remain in effect until terminated
or .modified, in writing, by mutual agreement. Should any
, construction-related claim arising out of PROJECT be asserted
against COUNTY, STATE agrees to extend the termination date of
this Agreement and provide additional funding as required to
cover STATE' s proportionate share of costs by amendment to this
Agreement.
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District Agreement No. 4-1638-C
STATE OF CALIFORNIA COUNTY OF CONTRA COSTA
Department of Transportation
JAMES W. VAN , LOBEN SELS
Director of Transportation
BY
Chairperson of the Board
of Supervisors
By 17_q7
District Division Chief r
Attest ,
Clerk o -the Board of
Supervisors
Approved as to form
and procedure
Attorney
Department of Transportation
Certified as to budgeting
of funds
District Budget Manager
Certified as to financial
terms and conditions
District Accounting
Administrator
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' I \
District Agreement No. 4-1638-C
04-CC-680-KP35 . 8(PM22 . 3 )
04353-1MO901
Dist. Agmt. No. 4-1638-C EXHIBIT A
COST ESTIMATE BREAKDOWN
County' s
Share of
Description Total State' s County' s Federal
Share Share Funds
@ 90%
Electrical Work $102, 000 $25, 500 $76, 500 $68, 850
Roadway Work $83, 000 $20,750 $62, 250 $56, 025
Sub-Total $185, 000 $46,250 $138, 750 $124,875
Contingencies $9, 000 $2,250 $6, 750 $6,075
Constr. Total $194, 000 $48, 500 $145, 500 $130, 950
Prelim: Engr. $38, 000 0 $38, 000 $34,200
Constr. Engr. $19, 000 0 $19, 000 $17, 100
TOTAL COST ,$251, 000 $48, 500 $202 , 500 $182,250
Note: In the above table, some of the values may have been
rounded off to simplify the presentation.
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