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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. 1 t 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 2 r 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. 3 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 4 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.