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Home My WebLink AboutMINUTES - 09282004 - C.4 TO: BOARD OF SUPERVISORS � Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORCosta DATE: SEPTEMBER 28, 2004 T County SUBJECT: Joint Exercise of Powers Agreement with the City of El Cerrito for placing a slurry seal surface treatment and the replacement of thermoplastic striping and markings on sections of City owned Colusa Avenue and Santa Fe Avenue. (Local Road Fund Revenue) (District I) Project No.: 0672-6U2882 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION R.EC+l MMENDED ACTION: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Exercise of Powers Agreement with the City of El Cerrito in the amount of$27,685, effective July 30, 2004 through November 30, 2004, for the County to place a slurry seal surface treatment and the replacement of thermoplastic striping and markings on sections of City owned Colusa Avenue and Santa Fe Avenue. FISCAL IMPACT: The City shall reimburse the County for all labor costs,material costs and appropriate overhead costs involved for applying the slurry seal surface treatment and the replacement of thermoplastic striping and markings on sections of City owned Colusa Avenue and Santa Fe Avenue. Reimbursement and revenue will be deposited into Local Road funds. Continued on Attachment: x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 9'XPPROVE EJOTHER SIGNATURE(S).0 ' r ACTION OF BOON SEPTEMBER 28, 2004 APPROVED AS(JCOMMENDED 91 OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE ) 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 on ABSENT: ABSTAIN: the date shown. G:\GrpData\Mainz\Kim\Board Orders\BO9-28.doc ATTESTED: SEPTEMBER 28, 2004 Orig.Div:Public Warks(Maintenance Division) JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator Contact: Henry Finch 313-7004 cc: County Admin. Gen Serv.Purchasing Auditor Controller By Deputy P.W.Accounting Jerry Bradshaw City of El Cerrito Public Works Department 10890 San Pablo Avenue El Cerrito,CA 94530 SUBJECT: Joint Exercise of Powers Agreement with the City of El Cerrito for placing a slurry seal surface treatment and the replacement of thermoplastic striping and markings on sections of City owned Colusa Avenue and Santa Fe Avenue. (Local Road Fund Revenue) (District I) Project No.: 0672-6U2882 DATE: September 28, 2404 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: County maintenance crews are in the El Cerrito area performing a slurry seal surface treatment on County owned sections of Colusa Avenue and Santa Fe Avenue. The City has requested that the County perform the same work on City owned sections of Colusa Avenue and Santa Fe Avenue. CONSEQUENCES OF NEGATIVE ACTION: The cooperative project with the City of El Cerrito that includes the slurry seal surface treatment and replacement of thermoplastic striping and markings on City owned sections of Colusa Avenue and Santa Fe Avenue will not be performed. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF EL CERRITO TO PERFORM SURFACE TREATMENT PREPARATION WORK AND A SLURRY SEAL SURFACE TREATMENT ON THE CITY'S HALF OF SANTA FE AVENUE AND COLUSA AVENUE This AGREEMENT is entered into on the .qday of , 2004, between City of El Cerrito, a municipal corporation of the State of Califo ia, 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. P Mnsa and Scone of Work. The purpose of this AGREEMENT is to provide for surface treatment preparation work, placement of a surface treatment and the replacement of thermoplastic striping and markings on the CITY'S portion of Santa Fe Avenue and Colusa Avenue as fisted in Appendix A of this AGREEMENT, attached hereto and incorporated herein, document hereinafter PROJECT. The work to be performed consists of performing surface treatment preparation work (crack sealing, fabric patching and repair pavement damaged by tree roots), the application of a slurry seal surface treatment and the replacement of thermoplastic striping and markings on CITY'S portion of Santa Fe Avenue and Colusa Avenue. The PROJECT shall be performed in two phases. The first phase shall consist of performing all the preparation work on Santa Fe Avenue and Colusa Avenue by COUNTY forces. The second phase shall consist of the placement of the slurry seal and the replacement of thermoplastic striping and markings on Santa Fe Avenue and Colusa Avenue by COUNTY contracted forces (County Project No.: 0572-6U2662-04). 2. Responsibilities of CITY and CQUINITY- 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 and thermoplastic striping & marking contract for the PROJECT (Santa Fe Avenue and Colusa Avenue). (4) Perform all necessary work to place the slurry seal on Santa Fe Avenue and Colusa Avenue including any necessary preparation work, complete in place, with its own labor and equipment, rental equipment, and contractor furnished materials, and equipment. (5) Perform preparation work, complete in place, with its own labor and equipment, rental equipment, and contractor furnished materials, and equipment. (6) Perform contract inspection, contract administration, and materials testing for the PROJECT. 1 (7) 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 slurry seal from COUNTY. (3) Reimburse COUNTY for the final PROJECT costs. (4) Notify residents adjacent to PROJECT roads of the surface treatment schedule. 3. Financial Responsibility, 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 associated with completing the PROJECT. CITY'S maximum cost shall be limited to $27,685 (120% of estimate) plus any CITY approved change orders. In addition, CITY agrees to pay appropriate overhead costs, including the cost of insurance, specific to the performance of the work within CITY. CITY shall reimburse COUNTY for the PROJECT costs within 30 days of receipt of the report of PROJECT costs. 4. ln,9uran .e 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 feast 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. 2 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, 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. 1. 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. 5. Arcapt ncp.B.V QIjY. 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. 3 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. A sco fntabii#ty. As required by Government Code Section 6505, both parties to this AGREEMENT shall provide a report providing strict accountability of all funds receivedand disbursed for the PROJECT. 8. Surplug 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. Auream ,nt 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. 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. 11 /f 11 f/ ff H 1l If t/ 4 CONT COSTA COUNTY CITY OF EL C� ITO Y Cly firman, turd of Supervisors By ATTEST: SEPIEMBER 28, 2004 dity Manager Jahn Sweeten, Clerk of the Board of Supervisors and County Administrator Recommend for Approval: By CITY Engi ear Deputy By Recommend for Approval: Maurice M. Shiu �' Form Approved: Public Works Director 1 CITY Attorne By Form App i 5 B z < Silvano Marchesi C my o el By Deputy 5 r+s cs? e- t) w m m + a� �' m � c cr-. � 4 a� co tt ra .- O �Y ar tt ce) cli fA i i cP"a do tl1 52 O 01 C-4zol Nw tt `ter' p C6, C1 tQ y,' k O j tn co 1A 0 In Ntt Cts S3 rJ Y c`�7 4J �O U. 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