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HomeMy WebLinkAboutMINUTES - 04271993 - 1.5 M.. j TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 27, 1993 SUBJECT: Approve Joint Exercise of Powers Agreement with the City of EI Cerrito for the overlay of Colusa and Santa Fe Avenues, Kensington area. Project No. 4500-6X5224-92. Specific Request(s) or Recommendations) & Background & Justification I. RECOMMENDED ACTION: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the City of EI Cerrito for the overlay of Colusa and Santa Fe Avenues in the Kensington area. AUTHORIZE the Chairperson to execute the Agreement. II. FINANCIAL IMPACT: The estimated cost of the overlay described in this Agreement is $66,000 (Funding: 50% City of EI Cerrito, 50% Kensington Roads Improvement Assessment District). III. REASONS FOR RECOMMENDATION/BACKGROUND: The EI Cerrito city limit runs down the centerline of Colusa and Santa Fe Avenues. The City and the County each have plans and funding for the overlay of the west side and east side, respectively, of Colusa and Santa Fe Avenues. To avoid the extra expense and disruption that two separate projects would entail, both parties desire that the City's project be constructed as part of the County's project and that the City reimburse the County for the City's portion of the work, including design construction and contract administration costs. Continued on Attachment: X SIGNATURE: C� _ RECOMMENDATION OF COUNTY ADMINISTRATOR 44 _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APR 2, 7 1993 APPROVED AS RECOMMENDED V OTHER_ VOT OF SUPERVISORS V UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: JO:jlg c\BO:BO27.t4 i hereby certify tnat this Is a true and correct cony �0 an action taken and enteiad on the minutes of the Orig. Div: Public Works(Design Division) Board of SuperyIL�o� 2 t'hre atb shown.own. Contact: Joe Olsen, (313.2284) ATTESTED: WW �. cc: County Administrator PHIL BATCHELOR,Clerk of the Board Attn: E. Kuevor of SupsMsors and Cou ty Administrator Auditor-Controller PW Accounting Construction By Deputy Community Development Joint Exercise of Powers Agreement with the City of EI Cerrito for the overlay of Colusa and Santa Fe Avenues, Kensington area. April 27, 1993 Page 2 IV. CONSEQUENCES OF NEGATIVE ACTION: A negative action would cause the two projects to be advertised and constructed under separate contracts resulting in an increase in the overall cost and a decrease in the quality of the final product. RESOLUTION 93-29 C op I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CONTRA COSTA COUNTY ALLOWING THE COUNTY TO OVERLAY THE CITY'S PORTION OF COLUSA AND SANTA FE AVENUES. WHEREAS, Colusa Avenue and Santa Avenue are located within both the city of EI Cerrito and unincorporated Contra Costa County; WHEREAS, said streets are in need of pavement overlay and have been identified by the City of EI Cerrito and Contra Costa County for repair; WHEREAS, Contra Costa County desires to repair said streets and has approached the City for permission to perform the work to the entire street and to obtain reimbursement from the City for costs associated with the City's portion of the repair; WHEREAS, the City of EI Cerrito has roadway maintenance monies available to fund said costs. NOW, THEREFORE, BE IT RESOLVED that the EI Cerrito City Council hereby authorizes the Mayor to execute an agreement with Contra Costa County authorizing the County to overlay portions of said streets in behalf of the city of EI Cerrito, and to share costs as set forth in the agreement attached hereto and incorporated herein as Exhibit A. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon its passage and adoption. I CERTIFY that at a regular meeting on April 19, 1993 the EI Cerrito City Council passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Bartke, Jellison, Kosel, La Force, Ritz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IN WITNESS of this action, I sign this document and affix the corporate seal of the City of EI Cerrito on April 19, 1993. inda M. Giddings, City Clerk. APPROVED: IFIED A TRUE COPY ......... z---�--.!tet�. ae Ritz, May LINDAi�1. 6iD'6 , CleW. rk Of the City of EI Cerrito, CA I JOINT EXERCISE OF POWERS AGREEMENT PROJECT NO. 4500-6X5224-92 1. Parties: Effective on , 1993, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the"COUNTY,"and the CITY OF EL CERRITO, a municipal corporation, hereinafter referred to as the "CITY," pursuant to Government Code section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The COUNTY is constructing a project consisting of the asphalt concrete overlay of several roads in Kensington, including the eastern half of Colusa Avenue and Santa Fe Avenue between Fairmount Avenue and the Alameda County line (hereinafter referred to as the "COUNTY's project"). Within the same area, the CITY plans to construct a project consisting of the asphalt concrete overlay of the western half of Colusa Avenue and Santa Fe Avenue between Fairmount Avenue and the Alameda County line (hereinafter referred to as the "CITY's project"). In order to avoid the extra expense and disruption that separate construction of these projects would entail, the parties desire that the CITY's project be constructed as a part of the COUNTY's project. The purpose of this Agreement is to provide for joint construction of the two projects and the apportionment of project duties and costs between the COUNTY and the CITY. 3. Method: (a) The COUNTY shall perform the following activities: 1. Prepare plans and specifications for the joint project described above. 2. Advertise the joint 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. The COUNTY shall provide a resident engineer to oversee both the COUNTY's project and the CITY's project. The CITY's representative shall have no direct contact with the contractor but shall make all comments and recommendations to the COUNTY's resident engineer. 4. Accept the project work, but not until the CITY has determined that the CITY's project has been completed to CITY's satisfaction. 5. Prepare and submit to the CITY a report of project receipts and disbursements. (b) The CITY shall perform the following activities: 1. Review and approve COUNTY prepared bid documents prior to award of contract. 2. Provide the COUNTY and its contractor an encroachment permit to perform the project work. 3. Perform the final inspection of the CITY's project. The COUNTY shall not accept the project until the CITY has determined that the CITY's project has been completed to CITY's satisfaction. 4. Consult with the COUNTY, as necessary, to enable the joint project to be properly completed. 4. Financial Responsibility: The CITY shall pay for all costs of constructing the CITY's project, including compensation to the COUNTY for preliminary engineering, construction engineering, surveys, materials testing, contract administration and inspection performed by the COUNTY, and all costs of any changes or extra work requested by the CITY. The estimated quantity breakdown and the estimated costs of such construction are set forth in attached Exhibit "A." The COUNTY shall pay for all costs of constructing the COUNTY's project, including all costs of any changes or extra work requested by the COUNTY. 5. Deposit and Adiustment: (a) At least ten days prior to the COUNTY advertising for construction bids, the CITY shall deposit with the COUNTY the sum of$30,000, which represents the estimated cost of the CITY's project, and which includes a sum to cover contract contingencies and percentage compensation to the COUNTY for preliminary engineering, construction engineering, surveys, materials testing, and contract administration and inspection. All interest accruing on the deposit shall be credited against the CITY's share of the joint .project costs. Should the CITY fail to make its deposit on time, the CITY's project shall be deleted from the joint project, and promptly upon demand,the CITY shall compensate the COUNTY for preliminary engineering as specified in Exhibit "A." (b) Should the lowest bid received by the COUNTY exceed the amount estimated for the CITY's project up to a limit of forty-five thousand dollars ($45,000), the CITY shall promptly increase its deposit prior to the COUNTY's award of a construction contract, and the amounts set forth in Exhibit"A"shall be increased accordingly. Should the lowest bid received exceed forty-five thousand dollars ($45,000), the COUNTY shall delete the work from the joint agreement and the CITY shall promptly reimburse the COUNTY for the cost incurred for preliminary engineering and administration of the bid process. (c) Should the as-built quantities differ from those set forth in Exhibit "A", said quantities and the costs of the COUNTY's project and the project shall be adjusted accordingly. c cry's . (d) There shall be no revision of the costs of the CITY's project or the COUNTY's project due to changes in the parties' boundaries occurring after the date of contract award. 2 (e) Within sixty days of acceptance of the joint project, the COUNTY shall deliver to the CITY a report of project receipts and disbursements, together with a bill for the additional amount owed to the COUNTY, if the costs of the CITY's project exceed the deposit paid plus interest. 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 the costs of the CITY's project are less than the deposit paid and interest accrued, the excess shall be refunded to the CITY within sixty days of acceptance of the joint project. 6. Insurance and Hold Harmless: (a) The contract documents for the joint 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, except as provided otherwise in section 7 (b). (c) Neither the COUNTY, 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 representatives) 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. 7. Acceptance and Maintenance: (a) Upon completion of the joint project, the COUNTY and CITY shall conduct the final inspection. After the CITY has determined that the CITY's project has been completed to CITY's satisfaction,the COUNTY shall accept the joint project as complete for itself and for the CITY. The CITY shall not unreasonably withhold or delay its determination of project completion. (b) Upon acceptance of the joint project, the CITY shall own and be responsible for maintaining the CITY's project and notwithstanding the provisions of section 6(b), shall defend, indemnify, save and hold harmless the COUNTY, its officers and employees 3 I • 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 the CITY's project. 8. Agreement Modification: This Agreement shall be subject to modification only with the written consent of both parties. Neither parry shall unreasonably withhold its.consent to the implementation and accomplishment of the overall purpose for which the Agreement is drafted. 9. 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. 10. Accountability: As required by Government Code section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the joint project. , 11. Surplus Money_: Any surplus money on hand at the termination of this Agreement shall be returned to the parties in proportion of the contributions made. 12. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the final payment described in section 5(e) above. Notwithstanding termination of this Agreement, the provisions of section 7(b) shall survive such termination. COUNTY OF CONTRA COSTA CITY OF EL CERRITO By: y Chairperson, Board of Supervisors Chairperson, Ci ncil ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of CITY CLERK Supervisors and County Administrator By: By-" Deputy 4 RECOMMENDED FOR APPROVAL: FORM APPROVED: J. Michael Walford, Public Works Director By: B Pu ork ire or qAttorn4 FORM APPROVED: Victor J. Westman, County Counsel Deputy JO:jwpe c:Knigtsn 1.jpa 1/20/93 5 EXHIBIT A COST ESTIMATE TO OVERLAY CITY OF EL CERRITO'S HALF OF COLUSA & SANTA FE AVENUES ESTIMATED ITEM UNIT QUANTITY PRICE COST 1. Construction Area Signs LS. 1 360.00' 360.00 2. Traffic Control System LS. 1 480.002 480.00 3. Adjust Sewer Manhole EA 6 300.00 1,800.00 4. Plane Asphalt Concrete Pavement LF. 2,840 1.00 2,840.00 5. Replace Asphalt Concrete Surfacing3 S.Y. 04 26.00 0 (Base Failure Repair) 6. Pavement Reinforcing Fabric3 S.Y. 04 2.80 0 7. Asphalt Concrete Ton 510 35.00 17,850.00 8. Paint Traffic Stripe L.F. 1,0005 0.20 200.00 9. Paint Pavement Markings S.Y. 32 2.00 64.00 10. Pavement Marker (Reflective) EA 2 3.50 7.00 Estimated Contract Cost: 23,600.00 Preliminary Engineering (17%) 4,012.00 Construction Engineering (12%) 2,832.00 Contingencies (11%) 2.596.00 Estimated Total Cost: $33,040.00 Rounded To: $33,000.00 Notes: 1. 6% of total project, estimated @ $6,000.00. Percentage based on road mileage. 2. 6% of total project, estimated @ $8,000.00. Percentage based on road mileage. 3. Work to be done by County maintenance crew. Will not be included in contract. 4. Quantity estimated on January 11, 1993. Pavement condition will be re-evaluated after the winter rains and prior to construction. 5. Half of road length as traffic stripe runs down centerline (half City responsibility and half County responsibility.