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HomeMy WebLinkAboutMINUTES - 12112001 - C.10 C, o TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 11, 2001 SUBJECT: Approve the Joint Exercise of Powers Agreement between Contra Costa County and the City of Walnut Creek for the construction of Livorna Road Overlay Project, Alamo area. Project No.: 0662-6R4236 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute the Joint Exercise of Powers Agreement between Contra Costa County and the City of Walnut Creek for the construction of Livorna Road Overlay Project, effective October 2, 2001 until the project is completed. The joint overlay project is estimated to cost approximately $118,000. Continued on Attachment: X - SIGNATURE: 4� RECOMMENDATION OF COUNTY ADMINISTRATOR JJ RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD N Decernber 11, 2001APPROVED AS RECOMMENDED xx 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 xx UNANIMOUS (ABSENT ) of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: G:\GrpData\TransEng\2001\Bo-TE\BO ATTESTED: December 11, 2001 G:\GrpData\TransEng\2001\Bo-TE\BO Livorna Rd Overlay Project.doc JOHN SWEETEN, Clerk of the Board of Supervisors Contact: Steve Kowalewski,(925)313-2225 Orig.Div: Public Works( and County Administrator ki c: J.Bueren,Assistant Public Works Director Public Works Accounting By Deputy JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK TO REPAIR, OVERLAY AND STRIPE CITY STREETS (County Project No.: 0662-6R4236-2002) This AGREEMENT is entered into on the qday of 4dm , , 2001, between the City of Walnut Creek, a municipal corporation of the 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. COUNTY and CITY plan to overlay Livorna Road within their respective jurisdictions. It is mutually agreed that merging said roadwork into one larger construction contract administered by COUNTY should result in lowercontract administration costs. The purpose of this AGREEMENT is to provide for the apportionment of duties and costs between CITY and COUNTY for the inclusion of planned CITY work into COUNTY construction contract. As used in this AGREEMENT, the term "PROJECT" shall refer only to CITY work on 0.268 Km (0.17 miles) of Livorna Road between city limit lines from west of Lavender Drive to Acacia Lane. 2. Responsibilities of CITY and COUNTY. A. CITY shall be responsible for the following: (1) Review and approve the draft plans, specifications, and cost estimate for 65%, and 90% design stages. CITY shall return comments within ten (10) working days. (2) Approve PROJECT prior to acceptance by COUNTY. (3) Pay all COUNTY costs incurred whether or not PROJECT is constructed. (4) Deposit engineer's estimate of overlay costs plus 10% contingency, design, construction inspection, and materials testing costs as identified in attached EXHIBIT A, with COUNTY fourteen (14) days prior to COUNTY advertising PROJECT. (5) Issue a NO FEE encroachment permit to the successful bidder for work necessary in constructing the project. B. COUNTY shall be responsible for the following: (1) Act as lead agency. (2) Obtain environmental approval for PROJECT pursuant to the California Environmental Quality Act (CEQA). (3) Prepare design plans, specifications, and engineer's cost estimate (PS&E) for PROJECT. (4) Advertise and award the contract for PROJECT. 1 (5) Perform construction inspection, contract administration, and materials testing for PROJECT. (6) Make changes to plans and send CITY two sets of record drawings (as-built plans) when project is complete. (7) Supply resident engineer, inspectors, and lab technicians and do all material testing and plant inspections on project. (8) Approve and accept the PROJECT as complete after approval by CITY. (9) Pay contractor for completed PROJECT work from CITY funds on deposit. .(10) Prepare and deliver to CITY a report of final design and PROJECT costs within 120 days of completion and acceptance of PROJECT. 2. Financial Responsibility. A. CITY shall pay all costs of the PROJECT, including preliminary engineering, construction engineering, construction contract(s), and contract administration necessary for the completion of the PROJECT. CITY's estimated project costs are $118,000 as shown in EXHIBIT A, which is attached hereto and incorporated herein, and in any case shall not exceed $141,600 without prior written approval from CITY. B. CITY shall deposit. with COUNTY, funds estimated to cover the PROJECT costs as shown in EXHIBIT A, which is incorporated herein, within fourteen (14) days prior to COUNTY advertising PROJECT. If bid price for PROJECT is greater than 5% of the estimated construction cost for PROJECT, within 7 days CITY shall deposit with COUNTY 100% of the additional funds required to bring the total deposit up to the contract bid cost of work in the CITY including a 10% contingency amount. C. Simple interest generated by CITY funds on deposit with COUNTY shall be credited to CITY account. D. Within one. (1) week following bid opening, if CITY determines the lowest responsible bid to be excessive, CITY may terminate this AGREEMENT. CITY shall still be obligated to pay COUNTY for design engineering and any other COUNTY costs associated with the elimination of the CITY's part of the PROJECT from the construction contract. E. If during construction a PROJECT change order will exceed 10 percent of the PROJECT contract amount, CITY shall endeavor to agree upon an alternative course of action with COUNTY. If after 5 days an alternative course of action is not agreed upon between CITY and COUNTY, this AGREEMENT shall be deemed terminated, except for the provisions of Sections 5.13, and 5.C, which shall survive termination of this AGREEMENT, upon payment to COUNTY of CITY's maximum share of PROJECT costs. CITY, s maximum share of PROJECT costs shall be limited to design costs and expended or obligated PROJECT costs, plus any CITY approved change-orders preceding the AGREEMENT termination date and any costs 2 the contractor may be awarded based on the CITY's withdrawal of PROJECT work from COUNTY construction contract. F. When contingency funds are expended so that $5,000 or less remains, CITY shall promptly deposit with COUNTY additional funds to cover the estimated costs of all CITY approved unpaid change orders and maintain a contingency surplus of $15,000 before the next progress payment to contractor, unless agreed to otherwise by CITY and COUNTY. G. COUNTY shall prepare and deliver a report of PROJECT expenditures .to CITY within one hundred twenty (120) days of the last COUNTY construction contract payment, with a bill for the additional amount owed to COUNTY. Payment for any additional amount owed to COUNTY, if any, shall be made no later than forty-five (45) days after the date of billing by COUNTY. If CITY's costs are less than the deposit paid, the excess shall be refunded to CITY within one hundred twenty (120) days of the last COUNTY construction contract payment. H. COUNTY may terminate this AGREEMENT (1) for CITY non-compliance with the AGREEMENT or (2) should CITY approval of PROJECT delay advertising of COUNTY construction contract.,CITY shall still be obligated to pay COUNTY for design engineering and any other COUNTY costs associated with the elimination of the CITY's part of the PROJECT from the construction contract. 4. Change Orders. Except for the final balancing change order, CITY shall approve contract change orders within CITY over $10,000 prior to execution by COUNTY. COUNTY shall perform any modifications to the plans as a result of a change order at CITY expense. 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, agents, and employees as additional insureds. (2) Promise to hold harmless and indemnify CITY, its governing body, officers, agents, and employees from liability to the same extent as promised to COUNTY. The aforementioned policy shall contain a provision that the insurance afforded thereby to the additional insureds 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 3 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 issued by the insurer evidencing the required coverage and requiring the carrier to give at least thirty (30) days written notice to CITY and COUNTY of any cancellation, non-renewal, or material modification of the policy. COUNTY shall be responsible for ensuring that this requirement has been met before allowing construction work to proceed. B. 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, agents, and employees, from the same, except as provided otherwise in Section.7 below. C. 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, and COUNTY shall defend, indemnify, save, and hold harmless CITY, its governing body, officers, agents, and employees, from the same, except as provided otherwise in Section 7 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, Upon completion of PROJECT, COUNTY and CITY shall conduct a final joint inspection. After CITY has determined that the work performed by the contractor has been completed to CITY's satisfaction, COUNTY shall accept PROJECT as complete for itself and for CITY. CITY shall not unreasonably withhold or delay its determination of PROJECT completion. 7. Maintenance. After PROJECT is formally accepted by COUNTY, CITY shall own PROJECT and assume total responsibility for maintenance of the PROJECT and shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers, agents and employees, against all claims, suits, actions, or liability that arises relating to the design, construction, use, operation, or maintenance of 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 COUNTY. 9. Accountability. As required by Government Code Section 6505, both parties to this AGREEMENT shall provide a report providing 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 the legislative bodies of both parties. Neither party shall unreasonably withhold its consent to modification for the implementation and 4 i accomplishment of the overall purpose for which this AGREEMENT is made. 11. Agreement Termination. In accordance with Section 3.E and 31, CITY, upon payment to COUNTY of all actual costs, may terminate this AGREEMENT except for the provisions of Sections 5.13, 5.C, and 7 above, which shall survive termination of this AGREEMENT. 12. Agreement Expiration. Except for the provisions of Sections 5.13, 5.0 and 7 above, this AGREEMENT shall expire upon delivery of the report of final costs and payment of funds between CITY and COUNTY as governed by Section 3.G. 13. 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 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. CONTRA COSTA COUNTY CITY OF WALNUT CREEK > B By Chair, Board of Supervisors Mayor Kathy Hicks ATTEST: ` John Sweeten, Clerk of the Board of Recommend for Approval: Supervisors and County Administrator Vernon Ph`lliNs - CITY ineer By ` eputy By Recommend for Approval: Maurice M. Shiu, Form Approved: Public Works Director Tom Haas CITY Attorney By ua By Form Approved: Silvano B. Marchesi County Counsel By �)- 5 S. W- Deputy " 26 joy SK:by:je \\PWS4\SHARDATA\GrpData\TransEng\Projects\2002 Overlay-Measure Clivoma Road\l.ivoma JEPA.doc Augus130,2001 5 ` . EXHIBIT A City of Walnut Creek OVERLAY 0.268 KM OF LIVORNA ROAD July 9, 2001 COST SHARING PERCENTAGE PERCENTAGE SHARED BY THE CITY BASED ON THE TOTAL PROJECT CONSTRUCTION COST Preliminary construction cost (City) $ 79,924 Preliminary construction cost (County) $262,004 TOTAL $341,928 • Share by the City (79,924/341,928) 100% = 23.4% Use 23% • Share by County 77% Apply percentages to cost estimates for Preliminary Engineering, Construction Engineering, and Environmental costs. COST SUMMARY Tot project cost CITY (23%) COUNTY (77%) Preliminary Engineering $ 51,290.00 $11,989.00 $ 39,301.00 Construction Engineering $ 61,547.00 $14,386.00 $ 47,161.00 Environmental $ 4,000.00 $ 920.00 $ 3,080.00 Construction Cost $341,928.00 $79,924.00 $262,004.00 Contingency $ 40,347.00 $ 9,431.00 $ 30,916.00 PROJECT COST $499,112.00 $116,650.00 $382,462.00 Rounded to $118,000.00 $382,000.00 G:\GrpData\TransEng\Projects\2002 Overlay-Measure C\Livorna Road\Livorna JEPA.doc IN • . _ . RN . Planning Cost Estimate .C6ntra Costa County Department of Public Works Project Name: 2002 Overlay(CITY'S PORTION) Project Location: Livoma Road from Danville Boulevard to Acacia Lane Project Length: 268m Date of Estimate: 6.5.2001 Revision No. Revision Date Prepared by: Byip No. Description Quantity Units Unit Cost Total 1 Construction Area Signs 1 LS 600.00 600.00 2 Traffic Control System 1 LS 5,000.00 5,000.00 3 Adjust Large Manhole Covers 1 EA 500.00 500.00 4 Adjust Small Utility Lids 5 EA 280.00 1,400.00 5 Cold Plane Asphalt Concrete Pavement 783 M2 4.00 3,132.00 6 Asphalt Concrete 322 TONNE 80.00 25,760.00 7 ,Base Failure Repair 640 M2 45.00 28,800.00 8 Pavement Failure Repair 300 M2 35.00 10,500.00 9 Surface Preparation(Crack Seal) 450 M 3.00 1,350.00 i0 Thermoplastic Traffic Stripe(Detail 27B) 510 M 2.50 1,275.00 11 (Detail 21) 216 M 3.50 756.00 12 (Detail 22) 34 M 4.00 136.00 13 (Detail 38A) 31 M 5.00 155.00 14 300mm Thermoplastic Traffic Stripe 46 M 8.00 368.00 15 Thcnnoplastic Pavement Marking 6.4 M 30.00 192.00 OTHER COSTS: Preliminary Engineering(15%) $ 11,989 SUBTOTAL A $ 79,924 Construction Engineering(18%) 14,386 OTHER COSTS 27,875 RW Engineering SUBTOTAL B 107,799 Real Property CONTINGENCY* 9,431 R/W Acquisition TOTAL $ 117,230 Environmental 1,500 $ 27,875 > NEEKA". 11111118 *CONTINGENCY is 10%of(SUBTOTAL A plus Construction Engineering)