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Home My WebLink AboutMINUTES - 10262004 - C1 oil TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 26, 2004 SUBJECT: Joint Exercise of Powers Agreement between Contra Costa County and the City of Brentwood to construct a soft median on Vasco Road. Project No.: 0662-684086-04 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a Joint Exercise of Powers Agreement(JEPA)with the City of Brentwood to provide funding of$460,000,to construct a soft median on Vasco Road, effective October 26, 2004 until obligations of the agreement are met, Brentwood area. Continued on Attachment: X SIGNATU99;L- - � AECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURES)., . t ACTION OF B04 ON OCT. 26, 2004 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board VOTE OF SUPERVISORS of Supervisors on the date shown. xx UNANIMOUS (ABSENT NONE } AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 26, 2004 6FJs JOHN SWEETEN, Clerk of the Board of Supervisors GATransEngM0AB0-TE\B0 Vasco Rd-JEPA CityBrentwood.doc and County Administrator Orig.Div: Public Works(TE) Contact: Bill Fernandez(3132294) C, K.Hirschenberger,County Counsel M.Shiu,Public Warks Director By , �"` deputy C.Raynolds,Public Works Accounting SUBJECT: Approve the Joint Exercise of Powers Agreement between Contra Costa County and the City of Brentwood to construct a soft median on Vasco Road. Project No.: 0662-684066-04 DATE: October 26, 2004 PAGE: 2 II. Financiallmmpact: There is no impact to the General Fund. The portion of the project within Contra Costa County is to be funded by the City of Brentwood. Ill. Reasons for Recommendations and Background: Contra Costa County is constructing approximately 11.2 miles of soft median on Vasco Road. Execution of this JEPA will allow Contra Costa County to construct the project. IV. Consequences of Negative Action: If the agreement is not approved, the County portion of Vasco Road improvements will be left unfunded. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF BRENTWOOD (County Project No.:0662-684086) VASCO ROAD This AGREEMENT is entered into between the City of Brentwood, 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. Effective Date. It is understood that this AGREEMENT is subject to approval by the CITY counsel and COUNTY's Board of Supervisors. The AGREEMENT is effective on the date approved by the COUNTY's Board of Supervisors ("Effective Date"). This AGREEMENT will be submitted to the CITY first for approval, and thereafter to the Board of Supervisors. [EffectiveDate: 0 ( ,G '9- Q , 2004 (to be inserted after Board action, failure to insert the Effective Date does not invalidate this AGREEMENT.)] 2. Purpose and Scope of Work. COUNTY owns, operates, and maintains Vasco Road from Walnut Boulevard to the Alameda/Contra Costa County line. This road connects directly to streets owned, operated, and maintained by the CITY. CITY owns, operates, and maintains roadways within its boundaries that intersect with roads owned, operated and maintained by COUNTY. The maintenance and improvement of these interconnecting roads is vital to the continued safety and convenience of residents of both CITY and COUNTY. Providing safe roads is vital to ensure the uninterrupted flow of commerce for both CITY and COUNTY. Pursuant to Government Code section 26227, the County may expend money and contract with public agencies to fund public safety programs and improvements. The purpose of this AGREEMENT is to provide for the terms and conditions of a mutually beneficial road improvement plan for both COUNTY and CITY. COUNTY and CITY have determined that safety improvements on Vasco Road are the highest priority and will be financed during the first year. The Vasco Road improvement project consists of re-striping and inserting median and shoulder rumble strips on Vasco Road from Walnut Boulevard to the Alameda/Contra Costa County line 3. Responsibilities of CITY and COUNTY. A. CITY shall be responsible for the following: (1) Provide funding in an amount not to exceed$450,000 for the COUNTY to construct improvements on Vasco Road, within thirty(30) days after being requested by the COUNTY Public Works Department to do so. (2) Identify safety improvements within the boundaries of the CITY that fall within the Scope of Work defined in Section 2, to be funded by COUNTY in the amount not to exceed $450,000. (3) Prepare design plans, specifications, and engineer's costs estimates for CITY road improvement projects identified to COUNTY. (4) Perform necessary surveys, construction inspection, contract administration, and materials testing for the CITY road improvement projects. (5) Advertise and award contracts for the CITY road improvement projects. (6) Within said four year period, make the identified improvements and accept improvement projects funded by COUNTY within the CITY as complete. B. COUNTY shall be responsible for the following. (1) Prepare design plans, specifications, and engineer's cost estimate for the Vasco Road improvement project. (2) Advertise and award contracts for the Vasco Road improvement project. (3) Performm necessary_surveys, construction inspection, contract administration, and materials testing for the Vasco Road improvement project. (4) Approve and accept the Vasco Road improvement project as complete. (5) Pay contractor for completed work for Vasco Road improvement project. (6) Provide funding for CITY to install road improvement projects within the boundaries of CITY in an amount not to exceed $450,000. For each year of the four year term of this AGREEMENT, County intends to fund a minimum of$112,5003 of road improvement projects, but reserves the right in its sole discretion to fund additional road improvement projects identified by the CITY, in earlier years, which would reduce or eliminate funding in subsequent years. In no event will the $450,000 expenditure limit be exceeded. 4. Held Harmless. A. Neither COUNTY, nor any officer, agency or employee therefore, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY or in connecting 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. B. Neither CITY,nor any officer, agency, 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 bold harmless CITY, its governing body, officers, agents, and employees, from the same. C. Nothing in this AGREEMENT is intended or shall be constructed to affect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. 5. Maintenance, A. After the improvement project on Vasco Road is formally approved and accepted by COt.TNTY, COUNTY shall maintain the improved portion of Vasco Road. B. After each improvement project with the CITY is formally approved and accepted by CITY, CITY shall maintain the roadway improvements. 6. Surplus Money. After the completion of the purpose of this AGREEMENT, any surplus money on hand will be returned to the parties to this agreement in proportion to the contributions they have made. 7. 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 the road improvement projects. & A reement 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 accomplishment of the overall purpose for which this AGREEMENT is made. 9. Choice of Law. This AGREEMENT is made in Contra Costa County and shall be construed in accordance with and governed by the laws of the State of California. Any action relating to this AGREEMENT shall be instituted and prosecuted in the courts of Contra Costa County,State of California. 10. Binding Effect. This AGREEMENT will ensure to the benefit of and be binding upon the respective heirs, executors, administrators, successors, and assigns of COUNTY and CITY. 11. Duration. This AGREEMENT will continue for four(4) years from the effective date, or until CITY has fully funded the Vasco Road improvement project and COUNTY has funded$450,000 worth of read improvement projects within the CITY whichever shall first occur. The obligations contained in section 4 will survive termination of this AGREEMENT. 12. Entire Agreement. This AGREEMENT contains the entire understanding of the parties relating to the subject matter of this AGREEMENT. Any representation or promises 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 By Y - ' hair, Board of Supervisors ATTEST: OCTOBER 26, 2004 John Sweeten Clerk of the Board of Supervisors and County Administrator eputy RECOMMEND FOR.APPROVAL: Maurice M. Shiu Public Works Director Byc { FORM APPROVED: Silvano B. Marchesi County Counsel, By Deputy CITY OF B NTV OOD By ATTEST: Karen Diaz City Clerk By ; ziw� RECOMMEND FOR APPROVAL: CITY Engineer By FORM APPROVED: CITY Attorney By KH:kh H:1Publie Works\NewBrentwood3PA.wpd