HomeMy WebLinkAboutMINUTES - 09091997 - C3 71 C3
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR-
DATE:
IRECTORDATE: September 9, 1997
SUBJECT: Joint Exercise of Powers Agreement with the City of Walnut Creek for the Overlay of Vanderslice
Avenue Between Milton Avenue and Kayser Court
Project No.: 0672-6U2199-97
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Approve and Authorize the Chair of the Board of Supervisors to execute the Joint Exercise of Powers
Agreement with the City of Walnut Creek for City administered contract for asphalt concrete overlay of the
entire width of Vanderslice Avenue within that portion of the road where the city limit runs along the road
center line.
H. Financial Impact:
The County share of the total project is estimated to cost $8,400. The project will be funded fifty percent
by the City of Walnut Creek and fifty percent by the County. The County's share is to be funded by the road
fund.
III. Reasons for Recommendations and Background:
The existing road requires an overlay to provide a smooth riding surface and improve pavement structural
section. This treatment will extend the life of the road by sealing the surface from water penetrating into the
road base and increasing the pavement structural section.
The construction contract will be administered by the City of Walnut Creek.
IV. Consequences of Negative Action:
Without approval of the Joint Exercise of Powers Agreement Vanderslice Avenue will not be overlayed.
Continued on Attachment:_ SIGNATURE: � J�--
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON , 9 - `I' 99�' APPROVED AS RECOMMENDED OTHER_
V
.07E OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
1 Weby ce"that this Is a true and correct Copy of
SO action taken and entered on the minutes o} of
Board of Superv'sors on the data shown.
BB:pc
�srEo: /997
c:B09.t9 PHIL of Supervisors and couinty of the
Contact: Brian Balbas
Orig. Div: Public Works (Maintenance)
cc: See next page
Agreement with City of Walnut Creek for Overlay
September 9, 1997
Page 2
cc: Director, Community Dev.
County Administrator
County Counsel
City of Walnut Creek
Auditor/Controller
PW Accounting
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK
FOR THE OVERLAY OF VANDERSLICE AVENUE BETWEEN MILTON AVENUE AND
KAYSER COURT
This AGREEMENT is entered. into on the 0- day of � , 1997,
between the City of Walnut Creek, a municipal corporation of thd 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 the resurfacing of Vanderslice Avenue between Milton Avenue and Kayser Court
(hereinafter "PROJECT') where the westerly half of the road lies within the limits of the
CITY and the remainder within the COUNTY. The work to be performed consists of
overlaying the existing roadway with asphalt concrete, raising storm sewer manholes and
survey monuments, placing shoulder backing material, providing necessary pavement
stripes and markings, and other items of work necessary to complete PROJECT.
2. Responsibilities of CITY and COUNTY.
A. CITY shall be responsible for the following:
(1) Act as lead agency.
(2) Prepare design plans and specifications for the PROJECT.
(3) Advertise and award the contract for the PROJECT.
(4) Perform construction engineering, contract administration, and
inspection of the PROJECT.
(5) Approve and accept the PROJECT when complete.
(6) Prepare and deliver to the COUNTY a report of final
PROJECT costs within 45 days of completion and acceptance
of PROJECT.
B. COUNTY shall be responsible for the following:
(1) Review and approve the plans and specifications for the
PROJECT before the PROJECT is advertised for bid.
(2) Inspect and approve the portion of the PROJECT located
within the unincorporated area before PROJECT acceptance
of such portion by the CITY.
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3. Financial Responsibility. CITY and COUNTY acknowledge that all costs for
the PROJECT will be based on the quantities for items within CITY'S and COUNTY'S
portion of the PROJECT as shown in attached Exhibit "A." The term "COSTS", as used
in this section, shall include, without limitation, construction contract costs and construction
engineering/inspection costs. If it is found that a cost overrun exceeding 20 percent of the
estimate will occur, COUNTY shall endeavor to agree upon an alternative course of action.
If after 30 days an alternative course of action is not agreed upon between CITY and
COUNTY, this AGREEMENT shall be deemed terminated. COUNTY'S maximum cost
share shall be limited to $8,400 plus any COUNTY approved change orders within the
unincorporated portion of PROJECT. This amount represents the costs within the
COUNTY portion of Vanderslice Avenue as shown on attached Exhibit"A." COUNTY shall
reimburse CITY its share of the costs within 30 days of receipt of the report of final
PROJECT costs.
4. Change Orders. All contract change orders shall be approved in writing by
COUNTY prior to execution by CITY. Any modifications to the plans as a result of a
change order shall be performed by CITY.
5. Insurance and Hold 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, and employees as
additional insureds, and
(2) promise to hold harmless and indemnify COUNTY, its
governing body, officers, and employees from liability to the
same extent as promised to CITY. The aforementioned policy
shall contain a provision that the insurance afforded thereby
to the additional insured 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 requiring the carrier to give at least 30 days written notice
to CITY and COUNTY of any cancellation, non-renewal or
material modification of the policy. CITY shall be responsible
for ensuring that this requirement has been met before
allowing construction work to proceed.
B. Neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of
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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 7A below.
C. 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, 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 7A below.
D. 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.
6. Acceptance. CITY shall accept PROJECT work performed by the contractor
when it has determined that the work has been properly completed and COUNTY has
approved the work completed within COUNTY'S portion of PROJECT.
7. Maintenance.
A. After PROJECT work is accepted by CITY, CITY shall assume total
responsibility for maintenance of CITY'S portion of PROJECT (i.e.,
portion within CITY limits) and COUNTY shall assume responsibility
for maintenance of COUNTY'S portion of PROJECT (i.e., portion
within the unincorporated area), and, within their respective areas of
maintenance responsibility, both shall defend, indemnify, save and
hold harmless the other, its governing body, officers and employees
against all claims, suits, actions or liability that arise, whether relating
to the design, construction, use, operation or maintenance of said
portion after CITY and COUNTY accept PROJECT.
8. 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 CITY.
9. Accountability. As required by Government Code section 6505, both parties
to this AGREEMENT shall provide strict accountability of all funds received and disbursed
for PROJECT.
10. Agreement Modification. This AGREEMENT shall be subject to modification
only with the written consent of both-parties. Neither party shall unreasonably withhold its
consent to the implementation and accomplishment of the overall purpose for which this
AGREEMENT is drawn. This AGREEMENT supersedes all other AGREEMENTS between
City and COUNTY, either written or oral, concerning the resurfacing of Vanderslice Avenue
from Milton Avenue to Kayser Court.
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11. Agreement Expiration. This AGREEMENT shall expire upon delivery of the
report of receipts and disbursements and payment of all funds specified herein, except for
the provisions of sections 5B, 5C and 7, which shall survive expiration of this
AGREEMENT.
CONTRA COSTA COUNTY CITY OF WALNUT CREEK
By By
Chairman, Board of Supervisors
ATTEST: 9-9 - 1997
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By '
Deput
Recommend for Approval: Recommend for Appro al:
J. Michael Walford F.J. Kennedy
Public Works Director City Engine
By w By
Form Approved: Form Appr ed
Victor J. Westman Tom Haas
County Counsel City Attorney
By
By L) A
Deputy 1`y /
A\YANDER.WPD
July 37,1997
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EXHIBIT A
ENGINEER'S ESTIMATE
VANDERSLICE AVENUE OVERLAY
isc ' tion unit quantity unit rice total
1. Wedge Cutting L.F. 375 $ 0.661L.F. $ 247.50.
2. Asphalt Concrete
Overlay TON 135 $ 37.00/TON $ 4,995.00
3. Paving Fabric S.Y. 1,336 $ 0.90/S.Y. $ 1,202.40
4. 12 inch wide Thermoplastic
pavement Striping L.F. 65 $ 2.85/L.F. $ 185.25
5. Thermoplastic
pavement markings S.F. 129 $ 2.85/S.F. $ 367.65
Contract Total= $ 6,997.80
These quantities reflect half the street total quantities. Wedge cutting reflects only that length of
curb.and gutter on the County's half of the street. The Unit'prices above are those quoted by the
Contractor in his bid.
Quantities will be adjusted based on actual field measurements at the unit price bid.