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Home My WebLink AboutMINUTES - 08152000 - C4 T�:: .. ''BOARD OF SUPERVISORS FR04M: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: August 15, 2000 SUBJECT: Joint Exercise of Powers Agreement with the City of Oakley for performing crack sealing, placement of paving fabric, base failure repairs, placing single chip seal and cape seal surface treatments, and for applying pavement markers, pavement marking and traffic striping; all related to the placement of pavement surface treatments on selected City Roads, Oakley area. Project No.: 4660-6X2906, 4660-6X2902, 4660-6X2909, 4560-6X2910, 4660-6X2975, 4660-6X2937 and 4660-6X2936 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: Approve and Authorize the Chairman of the Board of Supervisors to execute the Joint Exercise of Powers Agreement with the City of Oakley for the County to perform crack sealing, paving fabric placement, base failure repairs, placing single chip seal and cape seal surface treatments, and applying pavement markers, pavement marking and traffic striping; all related to the placement of pavement surface treatments on selected City roads. Authorize prior performance of single chip seal work by the Publics Works Department based on the City's written agreement to reimburse the County's costs. 11. Financial lmpact: The City shall reimburse the County 100% for all labor, equipment and material costs and appropriate overhead costs required to perform crack sealing, paving fabric placement and base failure repairs, for performing single chip seal and cape seal surface treatments on selected City roads, and for performing the application of pavement markers, pavement markings and traffic striping. Continued on Attachment: SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SLGNATUREfS1: ACTION OF BOARD ON AUGUST 15, 2000 APPROVED AS RECOMMENDED--y-OTHER VOTE OF SUPERVISORS X UNANIMOUS {ABSENT IV ) I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered on the minutes of the Board of Supervisors ABSENT: ABSTAIN: on the date shown. HF:sd G:\GrpData\Maint\Sherri\Board Orders\Oakely JEPA 8-15.doc ATTESTED: AUGUST 15 2000 Orig.Div: Public Works(Maintenance) � Contact: Henry Finch,313.7604 PHIL BATCHELOR, Clerk of the Board of Supervisors and cc: CountyAdrdn. Gen.Serv.,Purchasing County Administrator Auditor Controller P.W.Accounting City of Oakley 3631A Main Street,Oakley,CA 94561 By /� t , Deputy SU EC;T ,Joint Exercise of Powers Agreement with the City of Oakley for performing crack sealing, n placement of paving fabric, base failure repairs, placing single chip seal and cape seal surface treatments, and for applying pavement markers, pavement marking and traffic striping; all related to the placement of pavement surface treatments on selected City Roads, Oakley area. Project No.: 4660-6X2906, 4660-6X2902, 4660-6X2909, 4660-6X2910, 4660-6X2975, 4660-6X2937 and 4660-6X2936 DATE: August 15, 2000 PAGE: 2 Ill. Reasons for Recommendations and Background: County maintenance crews are in the Oakley area performing surface treatments to County roads. The City has requested that the County perform the same work on selected City roads. IV. Consequences of Negative Action: The single chip seal surface treatment for the City of Oakley may not be reimbursed and the application of the cape seal will not be performed. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF OAKLEY TO PLACE SURFACE TREATMENTS ON SELECTED CITY STREETS 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. Purpose_and Scope of Z ork. The purpose of this AGREEMENT is to provide for the placement of surface treatments on selected CITY streets as listed in Appendix A of this AGREEMENT attached here to and incorporated herein (hereinafter "PROJECT"). The work to be performed consists of performing preparation work as necessary on the existing roadway (crack sealing, placement of paving fabric, and/or base failure repairs), prior to placing a single chip sealcoat or cape seal (single chip sealcoat followed by a slurry seal) surface treatment. The placement of the cape seal shall be performed in two phases. The first phase shall consist of performing the preparation work and placement of the single chip sealcoat by County forces. The second phase shall consist of the placement of the slurry seal by County contracted forces(County Project No.: 4660-6X29752000). 2. Responsibilities of CITY and OL INN A. COUNTY shall be responsible for the following: (1) Act as lead agency. (2) Provide an estimate of the PROJECT costs(listed in Appendix A). (3) Advertise and award the slurry seal contract for the PROJECT. (4) Perform all necessary work to place the single chip sealcoat or cape seal, including any necessary preparation work, complete in place, and place necessary pavement stripes, markings and markers after the surface treatment has been placed with its own labor and equipment, rental equipment, and contractor furnished materials and equipment. (5) Perform contract inspection, contract administration, and materials testing for the PROJECT. (6) Prepare and deliver to CITY a report of final PROJECT costs within 45 days of completion of COUNTY'S portion of the PROJECT. B. CITY shall be responsible for the following: (1) Review and approve COUNTY furnished estimate of the PROJECT costs. (2) Review and accept the PROJECT upon receipt of a notice of completion of the single chip sealcoat and cape seal from COUNTY. (3) Reimburse COUNTY for the final PROJECT costs. 1 ell 3V 3. Financial Racnnnsibility CITY and COUNTY acknowledge that all costs for the PROJECT shall be borne by CITY. The term "COSTS," as used in this section 3, shall include without limitation all equipment, labor, and material costs including all overhead costs associated with completing the PROJECT. C17YS maximum cost shall be limited to$319,107(120%of estimate) plus any CITY approved change orders. CITY shall reimburse COUNTY for the PROJECT costs within 45 days of receipt of the report of PROJECT costs. 4. Insurance and Hold Harmless- A. Before any work is performed pursuant to this AGREEMENT, CITY and COUNTY shall obtain and maintain in force Broad Form Comprehensive General Liability Insurance, including coverage for owned and non-owned automobiles, with minimum combined single limit coverage of$1,000,000 for all damages because of bodily injury, sickness, or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence and $1,000,000 insuring the contractual liability for services provided under this AGREEMENT. B. The policy, or policies, for both regular and any excess insurance, and the riders attached thereto, or the certificates for the policies or riders, shall name the other party, its offices and employees, as additional insureds, and shall provide for notice to the other party of cancellation, modification, or lapse at least 30 days prior to such cancellation, modification, or lapse of the policy or policies. C. The insurance hereinabove specified shall be in the form satisfactory to the parties and shall be placed with an insurance company or companies satisfactory to the parties, and shall be kept in full force and effect during the term of. this AGREEMENT. D. Prior to commencement of any work on the PROJECT, each party shall furnish, or cause to be furnished to the other party, certificates of insurance or certified copies of the policies of insurance hereinabove specified. E. If CITY or COUNTY is self-insured, the self-insured party shall provide evidence acceptable to the other party that its self-insured program provides the above- described minimum coverage. F. If CITY or COUNTY fails to maintain the above-described insurance, this AGREEMENT shall automatically terminate immediately. Upon such termination under this Section 4.E, COUNTY shall not be obligated to perform any further services, but CITY shall continue to be obligated to COUNTY for the cost of services performed by COUNTY under this AGREEMENT to the date of termination. G. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY 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, and employees, from the same, except as provided otherwise in Section 5 below. 2 H. Neither CITY nor any officer, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work delegated to COUNTY under this AGREEMENT, except for damage or liability due to loose aggregates during periods when the County is not actively pursuing the work in an established work zone, and COUNTY shall defend, indemnify, save, and hold harmless CITY, its governing body, officers, and employees, from the same, except as provided otherwise in Section 5 below. I. Nothing in this AGREEMENT is intended or shall be construed to effect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. J. In the contract document for slurry seal, the Contractor shall name the CITY as an additional insured and the CITY shall be held harmless and indemnified. K. At all times during the term of this AGREEMNT, COUNTY and its Contractor shall be independent contractors and shall not be employees of CITY. CITY shall have the right to control COUNTY and its Contractors only insofar as the results of their services rendered pursuant to this ARGEEMENT; however, CITY shall not have the right to control the means by which COUNTY and its Contractors accomplish services rendered pursuant to this ARGEEMENT. 5. Arceptanca_gyCITY- Once the PROJECT work is completed by COUNTY, the CITY shall accept total responsibility for use, operation, and maintenance of the PROJECT, and CITY shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers and employees, against all claims, suits, actions, or liability that arise relating to the use, operation, or maintenance of said portion after COUNTY completes the PROJECT. 6. R astrictions 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. 7. Accauntahility. 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 the PROJECT. 8. Agreement Modification. 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. 9. Agreement Expiraflon_ Except for the provisions of Sections 4G, 4H, and 5 above, this AGREEMENT shall expire upon delivery of the report of final costs and payment of funds between CITY and COUNTY. 10. Entire Agra meet_ 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 PROJECT 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. 3 ell CONTRA COSTA COUNTY CITY OF OAKLEY Chairman, Boa Supervisors City Manager ATTEST: Q4zv--,,) Recommend for Approval: Phil Bao6elor, Clerk of the Board Of supervisors and County Administrator City Engineer Recommend for approval: Form Approved: Vlic ce Shiu Works Director City Attorney Fa A rove�d:.� Victor J. 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