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Home My WebLink AboutMINUTES - 09202005 - C5 TO: BOARD OF SUPERVISORS Centra := �:� Costa FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 20, 2005ounty SUBJECT: Joint Exercise of Powers Agreement between Contra Costa.County and Alameda County to install channelizers on Vasco Road within Alameda County. Project No.: 0662-6R4218-OS SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND NSTIFICATION I. Recommended Action: now� APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Joint Exercise of Powers Agreement with Alameda County, in the amount of$11,500 to install 1.3 miles of channelizers on Vasco Road within Alameda County,effective September 20,2005 through completion of work,Brentwood area. Continued on Attachment: SIGNATURE: 2000'IRECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE [APPROVE— ❑ OTHER SIGNATURE(S): (: ACTION OF BO ON S�� 20, 2005 APPROVED AS COMMENDED] OTHER ❑ I hereby certify that this is a true and correct copy of an VOTE OF SUPERVISORS action taken and entered on the minutes of the Board of xx UNANIMOUS(ABSENT NONE Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: BF:je ATTESTED: SEPTEMER 20, 2005 G:\TransEng\2005\B0-TE\BO Vasco Rd-JEPA Alameda County.doc JOHN SWEETEN, Clerk of the Board of Supervisors and Orig.Div: Public Works(TE) County Administrator Contact: Bill Fernandez(313-2294) c: D.Schmidt,County Counsel M.Shiu,Public Works Director C.Raynolds,Public Works Accounting �._ Bob PrestonAlameda County B}� ,Deputy , 399 Elmhurst Street,Hayward,CA 94544 SUBJECT: Approve the Joint Exercise of Powers Agreement between Contra Costa. County and Alameda County to install channelizers on Vasco Road Within Alameda County. Project No.: 0662-6R4218-05 DATE: September 20, 2005 PAGE 2 II. FinancialImpact: There is no impact to the General Fund. The portion of the project within Alameda County is funded entirely with Alameda County funds. The portion of the project within Contra Costa County is to be funded by Measure C Return to Source Funds. 111. Reasons for Recommendations and Background: Contra Costa County is installing approximately 11.2 miles of channelizers on Vasco Road. Alameda County desires that the County extend the installation of the channelizer into their jurisdiction, approximately 1.3 miles. Execution of this Joint Exercise of Powers Agreement will allow the construction to proceed and allow Contra Costa County to be reimbursed for the costs incurred. IV. Consequences of Negative Action: If the agreement is not approved, that portion of Vasco Road within Alameda County will be left unimproved. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND ALAMEDA COUNTY FOR VASCO ROAD MEDIAN PROJECT (Contra Costa County Project No. 6R-4218-05) This AGREEMENT is entered into on the 20th day of September 2005, between the County of Contra Costa, a political subdivision of the State of California (hereinafter referred to as CONTRA COSTA), and the County of Alameda, a political subdivision of the State of California (hereinafter referred to as ALAMEDA), 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. CONTRA COSTA has designed and will install approximately 59,000 feet (11.2 miles) of channelizers on Vasco Road (the "PROJECT"). ALAMEDA has requested that CONTRA COSTA add to the existing PROJECT approximately 6,800 feet (1.3 miles) more of channelizers into Alameda County (the "ALAMEDA WORK"), and Contra Costa is agreeable to do so on the terms and conditions set forth below. Work will be performed by Contra Costa County maintenance crews. The purpose of this AGREEMENT is to provide for the apportionment of duties and costs between CONTRA COSTA and ALAMEDA with respect to the ALAMEDA WORK. The ALAMEDA WORK requires the installation of channelizers at 50 feet intervals for approximately 1.3 miles. The estimated total PROJECT cost is $11,500. 2. Responsibilities of CONTRA COSTA and ALAMEDA. ' A. ALAMEDA shall be responsible for the following: (1) Pay CONTRA COSTA for the ALAMEDA WORK costs, estimated to be $11,500, which includes the construction engineering, contract administration, and inspection services provided by CONTRA COSTA for the ALAMEDA WORK. (2) Appoint a representative with the authority to approve any necessary changes or extra work required for the ALAMEDA WORK. (3) Participate in the final inspection of the ALAMEDA WORK and give approval for CONTRA COSTA's acceptance of the same. (4) Assume ownership of and full responsibility for the ALAMEDA WORK upon CONTRA COSTA's acceptance of the same. B. CONTRA COSTA shall be responsible for the following: (1) Arrange for the construction of ALAMEDA WORK. (2) Perform, using either CONTRA COSTA staff or consultant, any necessary construction engineering, construction related surveys, materials testing, contract administration, and inspection of the PROJECT and the ALAMEDA WORK. (3) Consult with ALAMEDA's appointed representative on any 1 necessary changes or extra work in the ALAMEDA WORK. (4) Accept the ALAMEDA WORK in writing upon ALAMEDA's approval of the same. (5) Within 120 days of PROJECT acceptance, prepare and submit to ALAMEDA a report of the actual costs incurred for the ALAMEDA WORK. 3. Financial Responsibility. A. Prior to the execution of this Agreement, ALAMEDA will provide CONTRA COSTA a Purchase Order Number to pay CONTRA COSTA approximately $11,500 to cover the costs of the ALAMEDA WORK. B. CONTRA COSTA shall invoice ALAMEDA for approved change orders affecting the ALAMEDA WORK within 30 days of incurring those costs. Payment owed to CONTRA COSTA shall be made by ALAMEDA no later than 45 calendar days after the actual billing by CONTRA COSTA. 4. Insurance and Hold Harmless. A. ALAMEDA COUNTY and CONTRA COSTA COUNTY are both self insured. B. Neither CONTRA COSTA, nor any officer, agent, or employeethereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA in connection with any work delegated to ALAMEDA under this Agreement, and ALAMEDA shall defend, indemnify, save, and hold harmless CONTRA COSTA, its governing body, officers, agents, and employees from the same except liability that is the sole negligence or willful act of CONTRA COSTA. C. Neither ALAMEDA, 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 CONTRA COSTA in connection with any work delegated to CONTRA COSTA under this Agreement, and CONTRA COSTA shall defend, indemnify, save, and hold harmless ALAMEDA, its governing body, officers, agents, and employees from the same except liability that is the sole negligence or willful act of ALAMEDA. D. ALAMEDA acknowledges that entry into the construction area carries with it a certain risk and agrees to release CONTRA COSTA, its governing body, officers, agents, and employees from any liability for death of, or injury to, ALAMEDA's representatives while present in the construction area, except for liability resulting from the sole negligence or sole willful misconduct of CONTRA COSTA. E. 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. 2 5. Acceptance. Upon completion of the ALAMEDA WORK, CONTRA COSTA and ALAMEDA shall conduct a joint final inspection. After CONTRA COSTA and ALAMEDA have determined that the work performed has been completed to CONTRA COSTA's and ALAMEDA's satisfaction, CONTRA COSTA shall accept the PROJECT and the ALAMEDA WORK as complete. ALAMEDA shall not unreasonably withhold or delay its approval of the ALAMEDA WORK. 6. Maintenance. A. After CONTRA COSTA, accepts the PROJECT and the ALAMEDA WORK, CONTRA COSTA shall own the portion of the PROJECT located in Contra Costa County, shall assume total responsibility for that portion, and shall defend, indemnify, save and hold harmless ALAMEDA, its governing body, officers, agents, and employees against all claims, liability, and litigation arising after acceptance and relating to the PROJECT, whether relating to the design, construction, use, operation, or maintenance of the portion of the PROJECT located in Contra Costa County. B. After CONTRA COSTA accepts the PROJECT and the ALAMEDA WORK, ALAMEDA shall own the ALAMEDA WORK and the portion of the PROJECT located in Alameda County, shall assume total responsibility for the ALAMEDA WORK, and shall defend, indemnify, save and hold harmless CONTRA COSTA, its governing body, officers, agents, and employees against all claims, liability, and litigation arising after acceptance, whether relating to the design, construction, use, operation, or maintenance of the ALAMEDA WORK. 7. Accountability. As required by Government Code Section 6505, CONTRA COSTA 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 all parties. No party shall unreasonably withhold its consent to modification for the implementation and accomplishment of the overall purpose for which this Agreement is made. 9. Surplus Funds. Upon completion of the purposes of this agreement, any surplus money on hand shall be returned in proportion to the contributions made by the parties hereto. 10. Agreement Expiration. This Agreement shall remain in effect until the following are complete: (1) CONTRA COSTA accepts the PROJECT and the ALAMEDA WORK as complete; (2) the report of final costs is delivered to all parties; and (3) payment of all funds from ALAMEDA to CONTRA COSTA is completed. Notwithstanding expiration or termination of this Agreement, the obligations contained in Section 6.A and B above shall survive expiration or termination of this Agreement. 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 3 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. 12. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after-deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: Contra Costa County Public Works Department Attn: Maurice M. Shiu, Director 255 Glacier Drive Martinez, CA 94553 Alameda County Public Works Department Attn: Donald J. LaBelle, Director 399 Elmhurst Street Hayward, CA 94544-1395 or to such other addresses as CONTRA COSTA and ALAMEDA may respectively designate by written notice to the other. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the ,same instrument. The execution of this Agreement will not become effective until counterparts have been executed by all parties. Faxed signatures on this Agreement or any notice, consent, or amendment required under this Agreement are binding. 4 CONTRA COSTA COUNTY ALAMEDA COUNTY IA B By 4* Ciir, Board of Supervisors Gail Steele, President, Board of Supervisors ATTEST: SEFIEMER 20, 2005 ATTEST: John Sweeten Crystal K. Graff Clerk of the Board of Supervisors and Clerk of the Board of Supervisors County Administrator By AVWOiY _ By Clerk Deputy Clerk RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL: Maurice M. Shiu Donald J. LaBelle Public Works Director Public Works Director y BY FORM APPROVED: FORM APPROVED: Silvano B. Marchesi Richard E. Winnie County Counsel County Counsel By iY�- BY Deputy Deputy BF:je 2:\TrenaEnplProjacts\Vasco Road Improvements Wesco McEien\Vasco Rd JEPA AlemetleCounry Sep105.tloc September,2005 rJ