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HomeMy WebLinkAboutMINUTES - 07182000 - C6-C10 w19i TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ►ATE: JULY 18, 2000 SUBJECT: Temporary Construction Permit for the Blum Road Frontage Improvements Project No. 0662-6R4181 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute, on behalf of Contra Costa County the Temporary Construction Permits for the Blum Road Frontage Improvements for the purpose of installing a backwater overflow devise. IL Financial Impact: Contra Costa County will pay the actual costs associated with installation and landscaping of these two sites. Continued on Attachment: X SIGNATURE: -2�--�- RECOMMENDATION OF COUNTY ADMIN T OR RECOMMENDATION OF BOARD cOMM1T —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER JULY 18, 2000 VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I• ) AYES: NOES: ABSENT: ABSTAIN: - I hereby certify that this is a true and correct copy of an action taken and entered on the :csp minutes of the Board of Supervisors on the G:\GrpData\RealProp\2000-Files\BOs&RES\BOBlum Road.doc date shown. Orig.Div: Public Works(R/P) Contact: C.Pina-Sandoval(313-2306) cc: County Administrator ATTESTED: JULY 18, 2000 Auditor-Controller(via RIP) PHIL BATCHELOR, Clerk of the Board of P.W.Accounting Supervisors and County Administrator Bye Deputy Blum Road Frontage Improvements - Temporary Construction Permits July 18, 2000 Page 2 111. Background and Reasons for Recommendations: As part of the storm drain installation for this project, the sanitary sewer laterals at #4960 and #4950, respectively, were in conflict and had to be modified by our contractor. In order to modify the laterals our contractor was required to take out a permit and post a bond with the Mountain View Sanitary District. The District has requested that backwater overflow devices be installed at each location before releasing their bond. Once installed, the devices will be the homeowners responsibility to keep in working order. IV. Consequences of Negative Action: The County needs to have the backwater overflow devises installed to prevent raw sewage from flowing backwards into the homes and avoid a substantial financial risk associated with health hazard and damage to these sites. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: JULY 18, 2000 SUBJECT: APPROVE the State Route 4 Bikeway from Pacheco Boulevard/Blum Road Intersection to Arnold Industrial Way/Port Chicago Highway Intersection project and DETERMINE that the project is a CEQA class 4h Categorical Exemption, Central County area, Project No. 0662-6R4233. CDD- CP#00-55 Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE the State Route 4 Bikeway, From Pacheco Boulevard/Blum Road Intersection to Arnold Industrial Way/Port Chicago Highway Intersection Project, and DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 4h Categorical Exemption, and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. *,. 4 r Continued on Attachment: X SIGNATU ! - -- r' RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 18� 2000 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of X UNANIMOUS(ABSENT I. ) an action taken and entered on the minutes of the AYES: NOES: Board of Supervisors on the date shown. ABSENT: ABSTAIN: TT:drf G:\GrpData\EngSvc\ENVIRO\2000 projects\ ATTESTED: JULY 18, 2000 Board Orders\SR4 Bikeway-Cat Ex-7-18-00.doc PHIL BATCHELOR, Clerk of the Board of Orig.Div: Public Works(Engineering Services Division) Supervisors and County Administrator Contact: Trina Torres;3-2176 cc: Administrator-Attn: E.Kuevor Auditor-Controller Community Development—S.Casillas Public Works: Accounting By f B.Yip-Transportation Engineering Deputy T.Torres,Engineering Services SUBJECT: APPROVE the State Route 4 Bikeway from Pacheco Boulevard/Blum Road Intersection to Arnold Industrial Way/Port Chicago Highway Intersection project and DETERMINE that the project is a CEQA class 4h Categorical Exemption, Central County area, Project No. 0662-6R4233. CDD- CP#00-55 DATE: JULY 18, 2000 PAGE: 2 RECOMMENDED ACTION (continued): AUTHORIZE the Public Works Director to arrange for payment of a$25 fee to Community Development for processing, and a$25 fee to the County Clerk for filing the Notice of Exemption. II. FINANCIAL IMPACT: The estimated project cost is $50,000.00 funded by Transportation Fund for Clean Air Act (100%). III. REASONS FOR RECOMMENDATION/BACKGBOUND: This project consists of installing bike lane signing, striping, and pavement markings along the 3.2-mile bikeway. This bike route will provide a cycling alternative to driving. The route will be a combination of Class II (bike lane striping and signing) and Class III (bike route signing only) bikeway throughout the project (Fig. 3). The project will utilize existing pavement, therefore no excavation is required. No additional right of way is required. Utilities will not need to be adjusted. No lane closure is anticipated. Traffic will be diverted around the project area. Some trees and shrubs may need trimming throughout the project limits. The City of Concord will issue a"No Fee Encroachment Permit"to the contractor, as stated in the Letter of Understanding between the County and the Cities. The project has been determined to be in compliance with the General Plan and is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. The project consists of the creation of bicycle lanes within existing rights-of-way, which is a minor public alteration in the condition of the land and vegetation. No scenic resources will be removed as a result of the activity. This project is consistent with CEQA Guidelines § 15034. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT #4662-6R4233 CP# 00-55 PROJECT NAME: SR4 Bikeway, From Pacheco Blvd./Blum Rd. Intersection To Arnold Industrial Way/Port Chicago Highway Intersection PREPARED BY: Trina Torres 5, DATE: May 31, 2000 APPROVED BY DATE: 40 RECOMMENDATIONS: (X ) Categorical Exemption (Class 4fr) { ) Negative Declaration ( ) Environmental Impact Report Required { ) Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The project consists of the creation of bicycle lanes within existing rights-of-way, which is a minor public alteration in the condition of the land and vegetation. No scenic resources will be removed as a result of the activity. This project is consistent with CEQA Guidelines§ 15034(h). What changes to the project would mitigate the identified impacts N/A USES Quad Sheet 'Vine Hill Base Map Sheet G-13 & G-14 Parcel # N/A GENERAL CONSIDERATIONS: i. Location: On Blum Road at Pacheco Boulevard to Imhoff Drive (Martinez area); On Imhoff Drive at Blum Road to Arnold Industrial Way at Port Chicago Highway (Concord area), in the Central County area (Figures 1-3). 2. Project Description: This project consists of installing bike lane signing, striping, and pavement markings along the 3.2-mile bikeway. This bike route will provide a cycling alternative to driving. The route will be a combination of Class 11 (bike lane striping and signing) and Class III (bike route signing only) bikeway throughout the project (Fig. ). The project will utilize existing pavement, therefore no excavation is required. No additional right of way is required. Utilities will not need to be adjusted. No lane closure is anticipated. Traffic will be diverted around the project area. Some trees and shrubs may need trimming throughout the project limits. . The City of Concord will issue a "No Fee Encroachment Permit" to the contractor, as stated in the Letter of Understanding between the County and the Cities. 3. Does it appear that any feature of the project will generate significant public concern? [] yes [X] no [] maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [] yes [X] no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? Yes (Martinez and Concord) m GAGrpoatatEngSvdENVIRM2000 proJects\CEQAonly\Cat.Ex1SR4 Blkeway.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 contact Person:Cece Seilgren - Public Works Dem Project Description, Common Name (if any) and Location: State Route 4 Bikeway, from Pacheco Boulevard at Blum Road Intersection to Arnold Industrial Way at Port Chicago Highway Intersection, County File #CP 00-55. Project Description: This project consists of installing bike lane signing, striping, and pavement markings along the 3.2-mile bikeway. This bike route will provide a cycling alternative to driving. The route will be a combination of Class II (bike lane striping and signing) and Class III (bike route signing only) bikeway throughout the project (Fig. 3). The project will utilize existing pavement, therefore no excavation is required. No additional right of way is required. Utilities will not need to be adjusted. No lane closure is anticipated. Traffic will be diverted around the project area. Some trees and shrubs may need trimming throughout the project limits. . The City of Concord will issue a "No Fee Encroachment Permit" to the contractor, as stated in the Letter of Understanding between the County and the Cities. Project location: On Blum Road at Pacheco Boulevard to Imhoff Drive (Martinez area); On Imhoff Drive at Blum Road to Arnold Industrial Way at Port Chicago Highway (Concord area), in the Central County area (Figures 1-3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section —Declared Emergency(Sec. 15269(x)) —General Rule of Applicability(Section 15061(b)(3) —Emergency Project(Sec. 15269(b)or(c)) — , -Categorical Exemption, Class 4h for the following reason(s): The project consists of the creation of bicycle lanes within existing rights-of-way,which is a minor public alteration in the condition of the land and vegetation. No scenic resources will be removed as a result of the activity. This project is consistent with CEQA Guidelines§ 15034(h). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on 1 received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIR0\2000 projects\CEQAonly\NOE\SR4 Bikeway.doc r CALIFORNIA ENVIRONMENTAL QUALITY ACT AN. otice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Se![ ren - Public Works Dept. Project Description, Common Name (if any) and Location: State Route 4 Bikeway, from Pacheco Boulevard at Blum Road Intersection to Arnold Industrial Way at Fort Chicago Highway Intersection, County File #CP 00-55. Project Description: This project consists of installing bike lane signing, striping, and pavement markings alone the 3.2-mile bikeway. This bike route will provide a cycling alternative to driving. The route will be a combination of Class 11 (bike lane striping and signing) and Class III (bike route signing only) bikeway throughout the project (Fig. 3). The project will utilize existing pavement, therefore no excavation is required. No additional right of way is required. Utilities will not need to be adjusted. No lane closure is anticipated. Traffic will be diverted around the project area. Some trees and shrubs may need trimming throughout the project limits. . The City of Concord will issue a "No Fee Encroachment Permit" to the contractor, as stated in the Letter of Understanding between the County and the Cities. Project location: On Blum Road at Pacheco Boulevard to Imhoff Chive (Martinez area); On Imhoff Drive at Blum Road to Arnold Industrial Way at Port Chicago Highway (Concord area), in the Central County area (Figures 1-3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergent (Sec. 15269(a)) .®General Rule of Applicability(Section 15061(b)(3) _Emergency Project(Sec. 15269(b)or(c)} XCategorical Exemption, Class 4h for the following reasons): The project consists of the creation of bicycle lanes within existing rights-of-way,which is a minor public alteration In the condition of the land and vegetation. No scenic resources will be removed as a result of the activity.This project is consistent with CEQA Guidelines§ 15034(h). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Gods section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:1GrpData\EngSvc\ENVIR0\2000 projects\CEQAonly\N0E\SR4 Bikeway.doc 00 o �V;s CA, 0 0 o got' a bil eyIF w "�K S 7 ♦ ~+�'�,/ '/tt` ria E('� I ,+ �/$ C+ .. FFA � tM u�i. •J ib`N' � / r .t fFNtE�' RAY!!3 DRlr RD n / cf NTA..MDRp CfMPA ' YryPt— / .t tt ��� U IL�-�/ J � I K w $ ! qL dk rL 'iC $ '"4i,-s �t� �S'p/, i Y♦" r„� • • • ,i �o�y/ y,i. .... '� r , ,� �} ,�'��s� t �- •+ice• i • •y � � �°r i ry r C b AES c r gaN 1 + YY \ _ AV t� _ r • .. A U yo`twins ur � q t4 �` Y ow dril £L5 33S 1 � i --�~....�---� ----� lot fit's •VA 16WIN w.._ C, Y YY AN . , '1► � eJyddtyy 1 CL d� s �o op TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 18, 2000 SUBJECT: APPROVE and AUTHORIZE the Public Works Director to Amend the Consulting Service Agreement with LSA, to increase the payment limit from $25,000.00 to $50,000.00, to provide "on-call" environmental permitting services for various projects throughout the County. Countywide area. Project No.: Various Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director to Amend the Consulting Service Agreement with LSA, to increase the payment limit from $25,000.00 to $50,000.00, to provide "on- call" environmental permitting services for various projects throughout the County. IL Financial Impact: The estimated cost of the increase of the contract is $25,000.00 funded by Flood Control, Road, and Airport project funds (100%). Continued an Attachment: X �QL �JJI_44�� SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON IMT 18, 2000 APPROVED AS RECOMMENDED-OTHER_ VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an X UNANIMOUS(ABSENT I. } action taken and entered on the minutes of the Board of AYES: NOES: Supervisors on the date shown. ABSENT: ABSTAIN: TT:dri ATTESTED: JULY 18, 2000 AdmnCSA's\2684\LSA\AmeendBOCSA.oc PHIL BATCHELOR, Clerk of the Board of Supervisors and Ong.Div: Pubilc Works(Eng.Services) County Administrator Contact. Cece Sellgren(313.2299) cc: County Administrator,E.Kuevor Auditor-Controller By , Deputy PW Accounting-M.Woods G av SUBJECT: APPROVE and AUTHORIZE the Public Works Director to Amend the Consulting Service Agreement with LSA, to increase the payment limit from $25,000.00 to $50,000.00, to provide "on-call" environmental permitting services for various projects throughout the County. Countywide area. Project No.: Various DATE: July 18, 2000 PACE: 2 111. REASONS FOR RECOMMENDATIONIBACKGROUND: The amendment of the "on—call" Consulting Service Agreement is needed to assist Public Works Department staff in obtaining regulatory permits associated with Flood Control, Road, and Airport projects. IV. CONSEQUENCES OF NEGATIVE ACTION: If the Consulting Service Agreement is not amended, various flood control, road, and airport projects will not complete CEQA/NEPA compliance and/or obtain required permits causing delays in their construction and repair. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 18, 2000 SUBJECT: APPROVE Contract for Traffic Collision Record Information Software System. WO #0240 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute a contract with Crossroads Software for a Geographic Information System (GIS)/ Traffic Collision Database System. The traffic engineering software has been approved by the California Office of Traffic Safety (OTS) for use in the 1099 Traffic Safety Grant No. RS0015. e Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 18, 2000 APPROVED AS RECOMMENDED _OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an X UNANIMOUS (ABSENT I. ) action taken and entered on the minutes of the Board AYES: NOES: of Supervisors on the date shown. ABSENT: ABSTAIN: CPB:je G:\GrpData\TransEng12000\Bo-Tr\80 OTSgrant.doc ATTESTED: ITIJ Y 1,q 2()Qn Orig,Div: Public Works(TE) PHIL BATCHELOR, Clerk of the Board of Supervisors Contact: Christopher Bailey (313-2339) and County Administrator c: M Shiu,Director J.Bueren,Deputy J.Yee,TE Division R.Gilchrest,Public Works Accounting By Deputy SUBJECT: Approve Contract for Traffic Collision Record Information Software DATE: July 18, 2900 PAGE 2 11. FinanciallmRact: The total software cost of$29,870.34 will be paid with a 1999 Traffic Safety Grant from Office of Traffic Safety. 111. Reasons for Recommendations and Back round: The Public Works Department applied for an OTS Grant for a GIS/Traffic Collision Database System in 1999. The roadway safety grant was approved in spring 2000 and allows for the purchase of software for a fully operational computerized traffic collision analysis system. The software will allow traffic engineering to input, track, identify and display traffic collision data in a GIS format. The data is useful in the analysis of high collision rates or frequency at intersections or road segments. Engineering solutions and enforcement activities can be deployed for increased safety. IV. Consequences of Negative Action: The County will not purchase the software, thus declining the OTS grant money. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 18, 2000 SUBJECT: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the City of Oakley for the construction of curb ramps and bike lanes on Delta Road from Marsh Creek to Sellers Avenue in the City of Oakley. Project No.: 4660-6X4903-00 & 0662-6R4178-00 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the City of Oakley for the construction of curb ramps and bike lanes on Delta Road from Marsh Creek to Sellers Avenue in the City of Oakley . AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Exercise of Powers Agreement. Continued on Attachment: X SIGNATURE: .� I RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): Donna Gerber, Chair Mark DeSaulnier ACTION OF BOARD ON .JULY 18, 2000 APPROVED AS RECOMMENDED X_OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS (ABSENT T• ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. WL:bmb je ATTESTED:_ JULY 18, 2000 g:\transeng\2000\Bo-Te\BO Oakley2000Jepa PHIL BATCHELOR, Clerk of the Board Orig.Div: Public Works(TE) of Supervisors and County Administrator Contact: B.Balbas—313-2284 cc: J.Yee,TE By , Deputy M.Hollingsworth,Design SUBJECT: Approve the Joint Exercise of Powers Agreement between Contra Costa County and the City of Oakley for the construction of curb ramps and bike lanes on Delta Road from Marsh Creek to Sellers Avenue in the City of Oakley. DATE: July 18, 2000 PAGE: 2 11. Financial Impact: No impact to the General Fund. The projects are funded entirely by a CDBG (Community Development Block Grant, TDA (Transportation Development Act) grants and City of Oakley funds. 111. Reasons for Recommendations and Back ra ound: The County and City of Oakley applied for and received State funds to construct bicycle lanes on Delta Road from Marsh Creek to the Southern Pacific Railroad. The City has requested that the County design and construct the City's portion of the project and agreed to reimburse the County. The City has requested the County to design and construct curbs ramps at various locations within the City of Oakley and agreed to pay for all costs associated with the project utilizing a CDBG grant and City funds. IV. Consequences of Negative Action: If the agreement is not approved, the implementation of the project will be delayed and State funds may be jeopardized. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF OAKLEY TO CONSTRUCT CURB RAMPS AND BICYCLE LANES (County Project No.: 4662-684903-00) & (County Project No.: 4662-6R4178-00) This AGREEMENT is entered into on the 2e day of June 2000, between the City of Oakley, a municipal corporation of the State of California, hereinafter CITY, and the County of Contra Costa, a political subdivision of the State of California, hereinafter COUNTY, pursuant to Government Code section 6500, and following. The parties to this AGREEMENT mutually agree and promise as follows: 1. PurnnsA and Srnpa of Work The purpose of this AGREEMENT is to provide for the apportionment of duties and costs between CITY and COUNTY for the inclusion of planned CITY work into COUNTY construction contracts. It is mutually agreed that merging said roadwork into one larger construction contract administered by COUNTY should result in lower bid prices and design costs. As used in this AGREEMENT "PROJECT 1" shall refer only to CITY work on streets in the CITY as indicated in Exhibit A. "PROJECT 2" shall refer only to the CITY work on Delta Road from Sellers Avenue to Marsh Creek as indicated on Exhibit B. The term PROJECT shall refer to PROJECT 1 and PROJECT 2, unless PROJECT 1 and PROJECT 2 is specifically referenced. 2. Responsihilities of CITY and COUNTY- A. CITY shall be responsible for the following: (1) PROJECT environmental compliance. (2) Review and approve the draft plans, specifications, and cost estimate for 35%, and 90% design stages. (3) Approve PROJECTS prior to acceptance by COUNTY. (4) Pay all COUNTY costs incurred whether or not PROJECT is constructed. (5) Deposit 50% of engineer's estimate of PROJECTS plus 100% of contingency, design, construction inspection, and materials testing costs as identified in attached EXHIBIT A and EXHIBIT B, by June 30, 2000. (6) Reimburse COUNTY for local match share of costs associated with PROJECT 1. (7) Obtain TDA project approval and request funding reimbursement. Reimburse funds to COUNTY for costs associated with PROJECT 2. B. COUNTY shall be responsible for the following: (1) Act as lead agency. (2) Prepare design plans, specifications, and engineer's cost estimate for PROJECT. (3) Advertise and award the contracts for the PROJECT. (4) Perform construction inspection, contract administration, and materials testing for PROJECT. 1 (5) Meet with CITY staff as necessary to discuss CITY concerns or issues regarding construction inspection. (6) Approve and accept the PROJECT as complete after approval by CITY. (7) Pay contractor for completed PROJECT from CITY funds on deposit. (8) Prepare and deliver to CITY a report of final design and PROJECT costs within 120 days of completion and acceptance of PROJECT. 3. PR0.1FCT 'I Financial Respnnc�hili y- A. CITY and COUNTY acknowledge and agree that all estimated costs for design, construction, and materials testing as shown in attached Exhibit "A-(2)," which is incorporated herein, shall be paid for by CITY. CITY shall pay all PROJECT 1 and COUNTY costs not reimbursed by CDBG funding. B. By June 30, 2000, CITY shall deposit with COUNTY design, construction management, materials testing, and inspection funds, 50% of estimated PROJECT 1 construction contract, and 100% of the contingency funds as identified in attached EXHIBIT A, Scope of Work, which is incorporated herein. C. COUNTY design costs as identified in Exhibit A, which is incorporated herein, are estimated as $14,225 and in any case shall not exceed $14,225. COUNTY construction management, materials testing, and inspection costs are estimated as $6,000 and in any case shall not exceed $9,000 for the work identified in EXHIBIT A-(3). D. If it is found during construction that a cost overrun will exceed 10 percent of the PROJECT 1 contract amount, CITY shall endeavor to agree upon an alternative course of action with COUNTY. If after 5 days an alternative course of action is not agreed upon between CITY and COUNTY, the section associated with PROJECT 1 of this AGREEMENT shall be deemed terminated, except for the provisions of Sections 613, 6C and 8, which shall survive termination of this AGREEMENT upon payment to COUNTY of all costs incurred by COUNTY. CITY's maximum cost share shall be limited to design costs, and expended or obligated PROJECT 1 costs, plus any CITY approved change orders preceding AGREEMENT termination date and any costs the contractor may be awarded based on the CITY's withdrawal of PROJECT work from COUNTY construction contract. E. When contingency funds are expended so that $1,000 or less remains, CITY shall promptly agendize for CITY Council action the deposit with COUNTY of additional funds to cover the estimated costs of all approved unpaid change orders and maintain a contingency surplus of $2,000 before the next progress payment to contractor, unless agreed to otherwise by CITY and COUNTY. F. COUNTY shall prepare and deliver a report of PROJECT 1 expenditures to CITY within one hundred twenty (120) days of the last COUNTY construction contract payment, with a bill for the additional amount owed to COUNTY. Payment 2 for any additional amount owed to COUNTY, if any, shall be made no later than forty-five (45) days after the date of billing by COUNTY. If CITY's costs are fess than the deposit paid, the excess shall be refunded to CITY within one hundred twenty(120) days of the last COUNTY construction contract payment. G. COUNTY may terminate this AGREEMENT for CITY non-compliance of AGREEMENT. CITY shall still be obligated to pay COUNTY for design engineering and any other COUNTY costs associated with the elimination of work from the construction contract. 4. PR(?JECT 2 Financial E2p¢pnncihfflI A. CITY and COUNTY acknowledge and agree that all estimated costs for design, construction, and materials testing as shown in attached Exhibit "B-(2)," which is incorporated herein, shall be paid for by CITY. CITY shall pay all COUNTY costs associated with CITY portion of PROJECT 2. B. By June 30, 2000, CITY shall deposit with COUNTY design, construction management, materials testing, and inspection funds, 50% of estimated PROJECT 2 construction contract, and 100/0 of the contingency funds as identified in attached EXHIBIT B, Scope of Work, which is incorporated herein. C. COUNTY design costs for the CITY portion as identified in Exhibit B, which is incorporated herein, are estimated as $6,863 and in any case shall not exceed $10,295. COUNTY construction management, materials testing, and inspection costs are estimated as $7,425, and in any case shall not exceed $11,138 for the work identified in EXHIBIT B-(3). D. Within one (1) week following bid opening, if CITY determines the lowest responsible bid to be excessive, CITY may terminate this section associated with PROJECT 2 of AGREEMENT. CITY shall still be obligated to pay COUNTY for design engineering and any other COUNTY costs associated with the elimination of work from the construction contract. E. If it is found during construction that a cost overrun will exceed 10 percent of the PROJECT 2 contract amount, CITY shall endeavor to agree upon an alternative course of action with COUNTY. If after 5 days an alternative course of action is not agreed upon between CITY and COUNTY, the section associated with PROJECT 2 of this AGREEMENT shall be deemed terminated, except for the provisions of Sections 6B, 6C and 8, which shall survive termination of this AGREEMENT upon payment to COUNTY of all costs incurred by COUNTY. CITY's maximum cost share shall be limited to design costs, and expended or obligated PROJECT 2 costs, plus any CITY approved change orders preceding AGREEMENT termination date and any costs the contractor may be awarded based on the CITY's withdrawal of PROJECT 2 work from COUNTY construction contract. F. When contingency funds are expended so that $2000 or less remains, CITY 3 shall promptly agendize for CITY council action the deposit with COUNTY of additional funds to cover the estimated costs of all approved unpaid change orders and maintain a contingency surplus of $7,000 before the next progress payment to contractor, unless agreed to otherwise by CITY and COUNTY. G. COUNTY shall prepare and deliver a report of PROJECT 2 expenditures to CITY within one hundred twenty (120) days of the last COUNTY construction contract payment, with a bill for the additional amount owed to COUNTY. Payment for any additional amount owed to COUNTY, if any, shall be made no later than forty-five (45) days after the date of billing by COUNTY. If CITY's costs are less than the deposit paid, the excess shall be refunded to CITY within one hundred twenty (120) days of the last COUNTY construction contract payment. H. COUNTY may terminate this AGREEMENT (1) for CITY non-compliance of AGREEMENT or (2) should CITY approval of PROJECT 2 delay advertising of COUNTY construction contract. CITY shall still be obligated to pay COUNTY for design engineering and any other COUNTY costs associated with the elimination of work from the construction contract. 5. rhange Orders Except for the final balancing change order, CITY shall approve contract change orders within 3 days for CITY work over $5,000 prior to execution by COUNTY. COUNTY shall perform any modifications to the plans as a result of a change order at CITY expense. 6. Inst ranCe and Hnld Harmless, A. The contract documents for PROJECT shall include provisions requiring the successful bidder to: (1) Secure and maintain in full force and effect during construction of PROJECT worker's compensation and public liability and property damage insurance in forms and limits of liability satisfactory to CITY and COUNTY, naming CITY and COUNTY, their governing bodies, officers, agents, and employees as additional insureds. (2) Promise to hold harmless and indemnify CITY, its governing body, officers, agents, and employees from liability to the same extent as promised to COUNTY. The aforementioned policy shall contain a provision that the insurance afforded thereby to the additional insureds shall be primary insurance to the full limits of the policy and that, if any of the additional insureds has other insurance or self-insurance against a loss covered by such policy, such insurance or self-insurance shall be excess insurance only. Before beginning construction of PROJECT, the contractor shall submit to CITY and COUNTY a certificate of insurance evidencing the required coverage and 4 requiring the carrier to give at least thirty (30) days written notice to CITY and COUNTY of any cancellation, nonrenewal, or material modification of the policy. COUNTY shall be responsible for ensuring that this requirement has been met before allowing construction work to proceed. E. Neither COUNTY, nor any officer, agent or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY or in connection with any work delegated to CITY under this AGREEMENT, and CITY shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers, agents and employees, from the same, except as provided otherwise in Section 8 below. C. Neither CITY, nor any officer, agent, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work delegated to COUNTY under this AGREEMENT, and COUNTY shall defend, indemnify, save, and hold harmless CITY, its governing body, officers, agents, and employees, from the same, except as provided otherwise in Section 8 below. D. Nothing in this AGREEMENT is intended or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. 7, Ancato ann- Upon completion of PROJECT, COUNTY and CITY shall conduct a final joint inspection. After CITY has determined that the work performed by the contractor has been completed in accordance with the PROJECT plans and specifications, COUNTY shall accept PROJECT as complete for itself and for CITY. CITY shall not unreasonably withhold or delay its determination of PROJECT completion. 8. Mainter,anca_ After the PROJECT are formally accepted by COUNTY, CITY shall own PROJECT and assume total responsibility for maintenance of PROJECT and shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers, agents and employees, against all claims, suits, actions, or liability that arises relating to the design, construction, use, operation, or maintenance of PROJECT. 9. 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 COUNTY. 10. Accountability. As required by Government Code Section 6505, both parties to this AGREEMENT shall provide a report providing strict accountability of all funds received and disbursed for PROJECT. 11. Warranties All warranty and material guarantees by the contractor shall be written to apply to both CITY and COUNTY. 5 12. Agreement Mndifim inn This AGREEMENT shall be subject to modification only with the written consent of the legislative bodies of both parties. Neither party shall unreasonably withhold its consent to modification for the implementation and accomplishment of the overall purpose for which this AGREEMENT is made. 13. Agreement T _rminatinn In accordance with Section 3.D, E, and F, and Section 4.D, E, and F, CITY upon payment to COUNTY of all costs may terminate this AGREEMENT except for the provisions of Sections 6B, 6C, and 8 above, which shall survive termination of this AGREEMENT. 14. Agreement Fxpuration Except for the provisions of Sections 613, 6C and 8 above, this AGREEMENT shall expire upon delivery of the report of final costs and payment of funds between CITY and COUNTY. 15. Fntire Agreamant This AGREEMENT contains the entire understanding of the parties relating to the subject matter of this AGREEMENT. Any representation or promise of the parties relating to the work shall not be enforceable unless it is contained in this AGREEMENT or in a subsequent written modification of this AGREEMENT executed by the legislative bodies of both parties. CONTRA COSTA COUNTY CITY OF OAKLEY By: Chaim>afi, Board of Supervisors By : City Manager, Mike Oliver ATTEST: Recommend for Approval: Phil Ba elor, Clerk of the Board of01 Supervisors and County Administrator U- TY ENGINEER Recommend for Ap ro Form Approved: Maurice S144, CITY ATTORNEY Public Works Director Form approved: Form Approved: 14 A Victor J. estman . County Counsel 6 EXHIBIT A SCOPE OF WORK FOR CITY OF OAKLEY CONSTRUCT CURB RAMPS WITHIN THE CITY OF OAKLEY The following Scope of Work is intended to cover the items of work, the County will do in order to complete the design and construction of curb ramps within the City of Oakley. (Refer to EXHBIT A for locations). The County will complete the City's PROJECT 1 work as part of Community Development Block Grant(CDBG) grant and local match City money received by County. DESIGN: 1. There will be two meetings with City staff—a preliminary and final design field review of the projects 2. County will prepare plans, specification and engineer's estimate, (PS&E). 3. County will design the project. 4. County will work with City to determine acceptable traffic control. 5. County will award and administer construction contract. 6. County will make changes to plans and send City two sets of record drawings(as- built plans)when project is complete. 7. County PROJECT 1 design costs are estimated to be $14,225. CONSTRUCTION: 1. County will supply resident engineer, inspectors, lab technicians and do all material testing and plant inspections on project. 2. County construction management, materials testing, and inspection costs are estimated to be $6000. COST ESTIMATE: Design $14,225 Construction $6,000 Contract Estimate& Contingency $30,283* TOTAL COST $50,508 * Amount to be adjusted no less than 14 days prior to awarding PROJECT 1. C'.t d ' EXHIBIT A-(2) Contra Costa County Public Works Department Cost Estimate Proje Cost Estimate Date: 6/20/00 Project No.: Item Bid Item Description Unit Quantity Unit Amount No. Cost. (in figures) 1 Construction Area Signs LS 1 $2,000.00 $2,000.00 Reset Roadside Sign (One Metal Post) 2 EA 1 $250.00 $260.00 3 Relocate Roadside Sin EA 4 $250.00 $1,000.00 4 Minor Structure Eheelchair Ram EA 12 $1,500.00 $18,000.00 Minor Concrete (Type S1-150 Curb And 5 Sidewalk) M2 14 $220.00 $3,080.00 Asphalt Concrete (Type B), 9.5 mm 6 Maximum, Medium Grading TONNE 20 $160.00 $3,200.00 Other: Preliminary Engineering Contract Subtotal' $27,530 County Labor,Equip.,Materials14,225 Other Costs $20,225 Construction Engineering at Subtotal $47,755 15 Percent of Contract Cost' 8,000 Contingencies - Right of Way Costs (10.0 pct of Item`} $2,753 Total other costs: 20,225 Total: $50,508 EXHIBIT A-(3) Oakley Curb Ramps 2000 COST ESTIMATE HOURS RATE COST DESIGN Administration Engineer 10 $ 100.00 $ 1,000.00 Div Head 5 $ 130.00 $ 650.00 Pians/Specs Sr Tech 70 $ 100.00 $ 7,000.00 Assoc Eng 25 $ 105.00 $ 2,625.00 Senior Eng 20 $ 115.00 $ 2,300.00 Div Head 5 $ 130.00 $ 650.00 Subtotal $ 14,225.00 CONSTRUCTION RE 0 $ 100.00 $ - Sr TECH 75 $ 80.00 $ 6,000.00 Subtotal $ 6,000.00 MATERIALS TESTING Sr TECH 0 $ 80.00 $ - Subtotal $ - TOTAL $ 20,225.O0 EXHIBIT B SCOPE OF WORK FOR CITY OF OAKLEY CONSTRUCT BICYCLE LANES ON DELTA ROAD The following scope of work is intended to cover the items of work the County Will do in order to complete the design for the construction of bicycle lanes on the City portion of Delta Road between the Southern Pacific Railroad and Marsh Creek. The County will add the City's project to the County's to encourage better bid prices and continue the bicycle lane project as previously planned. It is estimated that 25% of the proposed bicycle lane project is within the City. Project 2 will be completed by the County using Transportation Development Act (TDA) grant money. DESIGN: I. There will be two meetings with City staff—a preliminary and final design field review of the projects 2. County will prepare plans, specification and engineer's estimate, (PS&E). 3. County will design and advertise the project. 4. County will work with City to determine acceptable traffic control to keep two lanes open at all times. 5. County will advertise, award, and administer construction contract. 6. County will make changes to plans and send City two sets of record drawings(as- built plans)when project is complete. 7. County PROJECT 2 design costs are estimated to be $6,863. CONSTRUCTION: 1. County will supply resident engineer, inspectors, lab technicians and do all material testing and plant inspections on project. 2. County construction management, materials testing, and inspection costs are estimated to be $7,425. COST ESTIMATE: It is estimated that CITY is financially responsible for 25% of PROJECT 2 costs. (Based on prorated share of project located within City limits) TOTAL CITY RESPONSIBILITY(25%) Design $27,450 $6,863 Construction $26,500 $6,625 Materials Testing $3,200 $800 Contract Estimate& Contingency $239,186 J59 797* TOTAL COST $296,336 $74,085 Amount to be adjusted no less than 14 days prior to advertising PROJECT 2. EXHIBIT B-(2) Contra Costa County Public Works Department Cost Estimate Proje Delta Road Bike Lanes Phase 3 Cost Estimate Date: 6/20/00 Proje 0662-684178-00 Item Bid Item Description Unit Quantity Unit Amount No. Cost. (in figures) 1 Construction Area Signs LS 1 $1,750.00 $1,750.00 2 Traffic Control System LS 1 $15,000.00 $15,000.00 3 Roadway Excavation F M3 1315 $32.00 $42,080.00 Asphalt Concrete (Type A, 12.5 mm 4 Maximum Gradin TONNE 3156 $47.00 $148,332.00 5 Roadside Sin 1 Post EA 9 $250.00 $2,250.00 6 Relocate Roadside Sin EA 8 $250.00 $2,000.00 7 Relocate Mailbox EA 1 $250.00 $250.00 Corrugated Metal Pipe (300mm 8 Bituminous Coated) M 2 $250.00 $600.00 9 Paint Traffic Stripe 2 Coats)-Det 39 M 2350 $1.80 $4,230.00 10 Paint Trak Stripe 2 Coats)-Det 39A M 240 $1.80 $432.00 11 Paint Pavement Markin 2 Goats M2 16.7 $37.00 $617.90 Other: Preliminary Engineering Contract Subtotal` $217,442 County Labor,Equip.,Materials` 27,450 Other Costs $57,160 Construction Engineering at Subtotal $274,582 12.5 Percent of Contract Cost` 29,700 Contingencies - Right of Way Costs {10.0 pot of Item`) $21,744 Total other costs: 57,150 Total: $296,336 Ao EXHIBIT B-{3} Delta Road Bike Lanes COST ESTIMATE HOURS MATE COST DESIGN Administration Engineer 30 $ 100.00 $ 3,000.00 Div Head 10 $ 130.00 $ 1,300.00 Plans/Specs Sr Tech 160 $ 100.00 $ 16,000.00 Assoc Eng 40 $ 105.00 $ 4,200.00 Senior Eng 20 $ 115.00 $ 2,300.00 Div Head 5 $ 130.00 $ 650.00 Subtotal $27,450.00 CONSTRUCTION RE 225 $ 100.00 $22,500.00 Sr TECH 50 $ 80.00 $ 4,000.00 Subtotal $26,500.00 MATERIALS TESTING Sr TECH 40 $ 80.00 $ 3,200.00 Subtotal $ 3,200.00 SUBTOTAL $29,700.00 TOTAL $ 57,150.00