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HomeMy WebLinkAboutMINUTES - 01141997 - C7 o TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 14, 1997 SUBJECT: Joint Exercise of Powers Agreement with the City of Concord Prompint No 0662-6114173 SPEC U FUC REQ}JUE IrCS) OR Lot[ECC:®MM EMD&TtIQ9G C51 & M&CC KGROUMD Ln ND JUSTo[FoCC:&Ira®nm I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute the Joint Exercise of Powers Agreement in the amount of $105,000 between Contra Costa County and the City of Concord for the installation of a traffic signal on Concord Avenue at Meridian Park Boulevard. II. Financial Impact: No impact to the General Fund. The cost to the County is estimated to be $105,000 from Road Funds. Ill. Reasons for Recommendations and Background: The Contra Costa County Public Works Department and the City of Concord have determined that the intersection of Concord Avenue and Meridian Park Boulevard warrants the placement of a traffic signal. Since the County is responsible for three of the four legs of the intersection the agreement apportions the costs of signalization between the two jurisdictions. IV. Consequences of Legative Action: Failure to approve the agreement would cancel the signalization project due to a lack of adequate funds. Continued on Attachment: SIGNATURE: : AA1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON ©/ -/ –/9 9 7 APPROVED AS RECOMMENDED_OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: SK:rs o%ereby raertify that this is a true and correct copy of g:\transeng\bo-tr\14.t1 on action taken and entered sn :h3 minutes of the (goard of Supervisors on the��:.^.. .hown. 7 AT ESTED: Orig. Div: Public Works(Traffic) PHIL TCHELOR, rkorth board Contact: S. Kersevan 313-2254 of Supervisors and CountyAdmintatratar JOIII1iT EXERCISE OF POWERS AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL AT CONCORD AVENUE AND MERIDIAN PARK BOULEVARD IN THE CONCORD AREA 1. Parties: Effective on 11/12/96 , the CITY OF CONCORD a municipal corporation of the State of California, hereinafter referred to as the "CITY," and the COUN'T'Y OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "COUNTY," pursuant to Government Code section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The CITY and the COUNTY have agreed to jointly participate in the funding, design and construction of a traffic signal at the intersection of Concord Avenue and Meridian Park Boulevard. The purpose of this Agreement is to provide for construction of the project and the apportionment of project duties and costs between the CITY and the COUNTY. 3. Method: (a) The COUNTY shall perform the following activities: I. Prepare plans and specifications for the project described above. 2. Advertise the project for public bid and award a contract for project construction. 3. Perform all construction engineering, surveys, materials testing, contract administration, and inspection of the project work. 4. Accept the project work when the COUNTY has determined that said work has been completed. 5. Prepare and submit to the CITY a report of project expenditures. (b) The CITY shall perform the following activities: I. Review and approve the plans and specifications for the project before the project is advertised for bid. 2. Issue an encroachment permit to the COUNTY and the COUNTY'S contractor for construction of the project within the CITY. 3. Participate in the final inspection and recommend to the COUNTY acceptance of the project. 1 9 e.1 4. Financial Responsibility: (a) The COUNTY shall contribute$105,000 towards the project cost. The County shall perform the design engineering and administer the construction for the project as part of its share. (b) The CITY shall contribute$35,000 towards the project cost. The CITY shall deposit $35,000 with the COUNTY prior to the COUNTY advertising for bids for construction. (d) Within ninety days of the final payment to the contractor, the COUNTY shall deliver to the CITY a report of project expenditures. If project costs exceed $140,000, the COUNTY will bill the CITY for their share (25%) of the amount in excess of$140,000. Payment for the amount owed to the COUNTY,if any, shall be made no later than forty-five days after the date of billing by the COUNTY. If project costs are less than$140,000, the COUNTY will refund to the CITY their share(25%)of the amount of their deposit not required for the project. Payment for the amount owed the CITY, if any, will be paid within forty five days of the CITY's acceptance of the final report of project expenditures. (e) After opening bids for construction of PROJECT and if bids indicate a cost overrun no more than 20 percent of the estimate will occur, COUNTY may award the contract. (f) If, upon opening of bids, it is found that a cost overrun exceeding 20 percent of the estimate will occur,CITY and COUNTY shall endeavor to agree upon an alternative course of action. If after 30 days an alternative course of action is not agreed upon, this agreement shall be deemed to be terminated by mutual consent pursuant to Article (10). 5. Insurance and Hold Harmless: (a) The contract documents for the project shall include provisions requiring the contractor to provide insurance and indemnification naming the CITY, its officers and employees to the same extent as provided to the COUNTY. (b) Neither the 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 the COUNTY in connection with any work delegated to the COUNTY under this Agreement, and to the extent not covered by the above-described insurance or indemnification, the COUNTY shall defend, indemnify, save and hold harmless the CITY, its officers and employees against the same. 2 (c) Neither the COUN'T'Y, 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 the CITY in connection with any work delegated to the CITY under this Agreement, and to the extent not covered by the above-described insurance or indemnification, the CITY shall defend, indemnify, save and hold harmless the COUNTY, its officers and employees against the same. (d) The CITY acknowledges that entry into the construction area carries with it a certain risk and agrees to release the COUNTY, its officers and employees from any liability for death of , or injury to, the CITY'S representative(s) while present in the construction area, except for liability resulting from the sole negligence or willful misconduct of the COUNTY. (e) Nothing in this Agreement is intended to affect the legal liability of either party to third parties by imposing any standard of care different from that normally imposed by law. 6. Acceptance and Maintenance: (a) Upon completion of the project, the CITY and the COUNTY shall conduct the final inspection. After receiving the CITY'S recommendation for acceptance of the project, the COUNTY shall accept the project as complete. b) Upon acceptance of the project, the COUNTY shall own the project and the CITY shall be responsible for maintaining the project and shall defend, indemnify, save and hold harmless the COUNTY, its officers and employees against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death occurring after acceptance and relating to the design, construction, use, operation or maintenance of said improvements. 7. 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 the Agreement is drafted. 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 the COUNTY. 9. Accountability: As required by Government Code section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the project. 10. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the final payment described in section 4(d) above. Notwithstanding termination of this Agreement, the provisions of section 6(b) shall survive such termination. 3 COUNTY OF CONTRA COSTA CITY OF CONCORD- By: AA4,&9& _ By: Chairperson, Board Supervisors Mayor ATTEST: �9°( 7 ATTEST: Phil Batchelor, Clerk o e Board of Supervisors and County Administrator By. By: �rka� Depuf City Clerk- Deputy RECOMMENDED FOR APPROVAL: FORM APPROVED: J. Michael Walford, Public Works Director �- By: By: Deputy Publiorks Sector City Attorney FORM APPROVED: Victor J. Westman, County Counsel By: Deputy gAtranseng\jbVEPAConcA2 FINANCE DIRECTOR' S CERTIFICATION CONCORD, CA DATE: �Jt /"6 I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING IWSCAL YEAR 1996-1997 TO PAY ANTICIPATED EXPENSES TO BE ANT TO THIS CONTRACT. TO WIT: THE SUM OFWNQJ ECTOR' S SIGNATURE 4 -x[�//l P-T6QI 4y 6 - (0 b(12 G,7 E=IT A PROJECT COST ESTIMATE CONTRACT COST $ 108,000 DESIGN& ADVERTISING 7,700 ESTIMATED CONSTRUCTION 13,500 ENGINEERING(12.5%) ESTIMATED CONTINGENCY(10%) 10,800 TOTAL $140,000 ESTIMATED COUNTY'S COST $105,000 ESTIMATED CITY'S COST $ 35,000 5