HomeMy WebLinkAboutMINUTES - 08032004 - C.5 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: AUGUST 3,2004
SUBJECT: Joint Exercise of Powers Agreement with the City of Pittsburg for placing a double chip seal surface
treatment and the replacement of painted centerline and shoulder striping on a portion of City owned
Bailey Road. (Local Road Fund Revenue) (District V)
Pr9ject No.. 0672-6U2881
SPECIFIC REQ7EST(S)OR RECOMMENDATION(S)&BACKGROM AND JUSTIFICATION
RECf3MMENDATION{S):
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Exercise of Powers
Agreement with the City of Pittsburg, in the amount of$15,361, effective June 29, 2004 through December 30,
2004, for the County to place a double chip seal surface treatment and the replacement of painted centerline and
shoulder striping on a section of City owned Bailey Road.
FISCAL IMPACT:
The City shall reimburse the County for all labor costs,material costs and appropriate overhead costs involved for
applying the double chip seal surface treatment and the replacement of painted centerline and shoulder striping on a
section of City awned Bailey Road. All reimbursements shall be deposited into the Local Road Fund.
Continued on Attachment: x SIGNATURE:
.:. 7 4MENTIAT ON OF C07NTY ADMINISTRATO;
�_RECOMMENDATION OF BOARD COMMITTEE
„�„.�YPPROVI ETHER -
a1-7
SIGNATURES;
ACTION OFB0,kkDA0N AUGUST 03, 4 APPROVED.AS RECOMMENDED XX OTHER
I hereby certify that this is a true and
correct copy of an action taken and
VOTE OF SUPERVISORS entered on the minutes of the Board
xx UNANIMOUS(ABSENT NONE —> of Supervisors on the date shown.
APES: NOES:
ABSENT: ABSTAIN:
ATTESTED: AUGUST 03, 2004
JOHN SWEETEN, Clerk of the
oriz.Div: PUblie Works(Maisttonance)
Contact: EenryFineh 313-7004 Board of Supervisors and County
cc: County Adnan, Administrator�,
Gm.Sery.,Purchasing Ad m i n istrato r
Auditor Controller
P.W.Accounting
Hilario Mata
Citgo€Pittsburg
Public Works De;xtaxnent r.
65CNicAm” By ,T.,�w ,�✓�''/� , Deputy
Pittsburg,CA 94565
SUBJECT: Joint Exercise of Powers Agreement with the City of Pittsburg for placing a double chip seal
surface treatment and the replacement of painted centerline and shoulder striping on a section of
City owned.Bailey Road. (Local Road Fund Revenue) (District V)
Project No.: 0672-6U2881
DATE: .August 3, 2004
PAGE: 2
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
County maintenance crews are in the Pittsburg area performing a double chip seal surface treatment on County
owned sections of Bailey Road.The City has requested that the County perform the same work on a section of City
owned Bailey Road.
CONSEQUENCES OF NEGATIVE ACTION:
The cooperative project with the City of Pittsburg that includes the double chip seal surface treatment and
replacement of painted centerline and shoulder striping for a City owned section of Bailey Road will not be
performed.
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06/29!04
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY AND THE CITY OF PITTSBURG
TO PERFORM A DOUBLE CHIP SEAL SURFACE TREATMENT TO A CITY OWNED
PORTION OF BAILEY ROAD
This AGREEMENT is entered into on the 2� day of ticl�' , 2004, between
the City of Pittsburg, 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 Work. The purpose of this AGREEMENT is to provide for
placement of a surface treatment and the replacement of painted striping on the
CITY'S portion of Bailey Road as listed in Appendix A and as shown on Appendix
B of this AGREEMENT, attached here to and incorporated herein, document
(hereinafter "PROJECT"). The work to be performed consists of performing the
removal of centerline ceramic buttons, the application of a double chip seal surface
treatment and the replacement of painted centerline and shoulder striping on the
CITY'S portion of Bailey Road.
2. Responsibilities of CITY and COUNTY.
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) Perform all necessary work to place the double chip seal on Bailey
Road complete in place, with its own labor and equipment, rental
equipment, and contractor furnished materials, and equipment.
(4) Perform inspection, administration, and materials testing for the
project.
(5) 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 double chip seal from COUNTY.
(3) Reimburse COUNTY for the final PROJECT costs.
(4) Notify residents adjacent to PROJECT roads of the surface
treatment schedule.
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06/25/04
3. Financial Resoonsibility. CITY and COUNTY acknowledge that all costs for the
PROJECT shall be borne by CITY. The tem- "COSTS," as used in this section 3,
shall include without limitation all equipment, labor, and material costs associated
with completing the PROJECT. CITY'S maximum cost shall be limited to $15,361
(110% of estimate) plus any CITY approved change orders. CITY shall reimburse
COUNTY for the PROJECT costs within 30 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.
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06/29104
G. 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, and employees,
from the same, except as provided otherwise in Section 5 below.
H. 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, 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 affect the
legal liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
5. Acceptance By_CITY. 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. 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.
7. 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 the PROJECT.
8. Surplus Mone-y. After the completion of the purpose of this AGREEMENT, any
surplus money on hand shall be returned in proportion to the contributions made by the
parties hereto.
9. 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.
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06/29!04
10. Agreement Expiration. 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.
11. Entire Agreement. 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.
CCOSTA COU CITY OF PITTSBURG
By 7_
hairman, Board of Supervisors By
ATTEST: AUGUST 03, 2004 City Manager
John sweeten, Clerk of the Board of
SUperviso s and County Administrator Recommg f proval:
By John L. ul r, is N' e
putt'� g��. By
ee sate y'*Pprrnra17-
hdtri+&1it1- Form Approved: -70'
CITY Attorney
By h
Form Approved: By
Silvano S. Marc s '
Cou t7 Counsel
By
Recommend for Approval:
Maurice Shia
Public Works Director
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06/29/04
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF WALNUT CREEK AND CONTRA COSTA COUNTY
TO PERFORM SLURRY SEAL SURFACE TREATMENT ON COUNTY STREETS
RANCHO ESTATES COURT AND SHADOWBROOK COURT
This AGREEMENT is entered into on the 13th day of ,DULY , 2004, between
City of Walnut Creek, a municipal corporation of the State of California, hereinafter CITY,
and 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 Work. The purpose of this AGREEMENT is to provide for
the placement of a surface treatment on COUNTY streets Rancho Estates Court
and Shadowbrook Court as listed in Appendix A of this AGREEMENT, attached
hereto and incorporated herein, document hereinafter PROJECT. The work to be
performed consists of performing an application of a slurry seal surface treatment
on COUNTY streets Rancho Estates Court and Shadowbrook Court. The
PROJECT shall be performed by CITY contracted forces (City Project No.:
CP9660, Contract No. 03-15).
2. Responsibilities of CITY and COUNTY.
A. CITY 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
(Rancho Estates Court and Shadowbrook Court).
(4) Perform all necessary work to place the slurry seal on Rancho
Estates Court and Shadowbrook Court complete in place, 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 COUNTY a report of final PROJECT costs
within 45 days of completion of CITY'S portion of the PROJECT.
B. COUNTY shall be responsible for the following:
(1) Review and approve CITY fumished estimate of the PROJECT
costs.
(2) Review and accept the PROJECT upon receipt of a notice of
completion of the slurry seal from CITY,
(3) Reimburse CITY for the final PROJECT costs.
(4) Notify residents adjacent to PROJECT streets of the surface
treatment schedule.
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00!29104
3. Financial Responsibility. CITY and COUNTY acknowledge that all costs for the
PROJECT shall be borne by COUNTY, The term "COSTS," as used in this section
3, shall include without limitation all equipment, labor, and material costs
associated with completing the PROJECT. COUNTY'S maximum cost shall be
limited to $11,158 (120% of estimate) plus any COUNTY approved change orders.
In addition, COUNTY agrees to pay appropriate overhead costs, including the cost
of insurance, specific to the performance of the work within COUNTY. COUNTY
shall reimburse CITY for the PROJECT costs within 30 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 officers 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 terra 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, CITY shall not be obligated to perform
any further services, but COUNTY shall continue to be obligated to CITY for
the cost of services performed by CITY under this AGREEMENT to the date
of termination.
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06(29144
G. 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 b 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.
H. 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, and employees, from the same, except as
provided otherwise in Section 5 below.
1. Nothing in this AGREEMENT is intended or shall be construed to effect the legal
liability of either party to third parties by imposing anystandard of care greater than
that imposed by law.
J. In the contract document for slurry seal, the Contractor shall name the COUNTY as
an additional insured and the COUNTY shall be held harmless and indemnified.
5. Acceptance By COUNTY. Once the PROJECT work is completed by CITY, the COUNTY
shall accept total responsibility for use, operation, and maintenance of the PROJECT, and
COUNTY shall defend, indemnify, save, and hold harmless CITY, 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 CITY completes the PROJECT.
6. Restrictions. Pursuant to Government Code Section 6509, the powers of the parties under
this AGREEMENT shall be subject to ase restrictions on such powers applicable to the CITY.
7. 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 the PROJECT.
8. Surplus Money. After the completion of the purpose of this AGREEMENT, any surplus
money on hand shall be returned in proportion to the contributions made by the parties hereto.
9. Agreement Modification. This AGREEMENT shall be subject to modification rnly 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.
10. Agreement Expiration. 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.
3
^11„ EntireAUreementThis 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 bath parties.
GONT- 4 CO CCNU CITY OF WAL C EK
By '
r
hairrran, Board of Supervisors By f
ATTEST: JULY 13, 2004 RNESS, City anager
John Sweeten, Clerk of the Beard of
Supervisors and County Administrator Recommend for Approval:
By
pt By
Recommend for Approval: RACHEL LENCI, City Engineer
Maurice M. Shiu
Public Works Director '
Form Approved:
By ¢
Form Approve :
Silvano B. Marchesi
Co ty u I
By �-' By
Deputy THOMAS HAAS, City Attorney
4
Attachment A
Engineers Estimate of Probable Cast
to Murry Seal County Streets as part of
City of Walnut Creek 2004 Slurry Seal Project
Estimated
Contractor Cast @ Engineering & Estimated
Street Name Pavement Area (SY) $1.46/SY Admin(15%) Project Cost
Coun Streets
Rancho Estates Ct 3,642 $ 5,317.32 $ 797.60 $ 6,114.92
Shadowbrook Ct 1,896 $ 2,768.16 $ 415.22 $ 3,183.36
Tota! $ 9,298.30
County Maximum Cost in JEPA(120%of estimated total) $ 11,158
Attachment A Gast Estimate Revised:05117/04