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HomeMy WebLinkAboutMINUTES - 05071996 - C6 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: May 7, 1996 SUBJECT: APPROVE Joint Exercise of Powers Agreement with Alameda County for the Pinehurst Road Storm Damage Repair Project Project No.: 0672-6U6231 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Joint Exercise of Powers Agreement (JEPA) between Contra Costa County and Alameda County for a landslide repair on Pinehurst Road at the county line. AUTHORIZE the chairperson to execute the agreement II. Financial lmpact: The estimated total project cost is $190,000, funded by Federal Aid Storm Damage Repair Funds (60%), Contra Costa County Road Funds (20%) and Alameda County (20%). III. Reasons for Recommendations and Background: A landslide occurred on Pinehurst Road at the jurisdictional boundary between Contra Costa and Alameda Counties. On March 16, 1995, the Federal Highway Administration conducted a field review and declared the landslide eligible for emergency relief funds. The project area encompasses approximately equivalent areas within each County and includes reconstruction of the roadway and installation of a subsurface drainage system to prevent further deterioration and endangerment of the roadway. This JEPA is necessary to define the scope of work and responsibilities of each County for completion of a joint project to repair the landslide. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 7, 1996 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: DHE:jig c\Bo:jepapine.t4 I hereby ecrtify that this is a true andcorreftf�pyot an action taken and entered on the minutes of the Board of supervisors on the date shown. Contact: Dean Eckerson, (313-2390) ATTESTED: Orig. Div: Public Works(Design Division) PHIL BATCHELUR, Icri<of the Board cc: Auditor Controller of Supervisors and county Administrator PW Accounting PW Transportation Engineering gerVIA eputy APPROVE Joint Exercise of Powers Agreement with Alameda County for the Pinehurst Road Storm Damage Repair Project Page 2 April IV. Consequences of Negative Action: A negative action would prevent Contra Costa County from participating in the landslide repair project with Alameda County. _ JOINT EXERCISE OF POWERS AGREEMENT CONTRA COSTA COUNTY PROJECT NO. 0672-6U6231 ALAMEDA COUNTY PROJECT NO. R36008 1. Parties: Effective on 1996, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as "CONTRA COSTA", and the COUNTY OF ALAMEDA, a political subdivision of the State of California, hereinafter referred to as "ALAMEDA", pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: CONTRA COSTA and ALAMEDA are constructing a joint project consisting of a landslide repair on Pinehurst Road (hereinafter referred to as "PROJECT"). The landslide is located on the jurisdictional boundary between CONTRA COSTA and ALAMEDA and encompasses approximately equivalent areas within each County. The PROJECT includes reconstruction of the road embankment, reconstruction and overlay of the road section, installation of a subsurface drainage system and reconstruction of an overside drain. The purpose of this agreement is to provide for joint construction of the PROJECT and the apportionment of PROJECT duties and costs between CONTRA COSTA and ALAMEDA. 3. Method: (a) ALAMEDA shall perform the following activities: 1. Prepare plans and specifications for the PROJECT described above. 2. Prepare a certification of the right of way necessary for the PROJECT within ALAMEDA. 3. Obtain environmental clearance for the PROJECT through the processing of California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) documents. 4. Advertise the PROJECT for.public bid and award a contract for PROJECT construction. 5. Perform all design and construction engineering, surveys, materials testing, contract administration, and inspection of the PROJECT. 6. Consult with CONTRA COSTA on any necessary changes or extra work within CONTRA COSTA's jurisdiction prior to the issuance of any contract change orders. 7. Accept the PROJECT work, but not until CONTRA COSTA has determined that the portion within its jurisdiction has been completed to its satisfaction. 8. Prepare and submit to CONTRA COSTA a report of the PROJECT receipts and disbursements in accordance with Section 5(c). 9. Diligently pursue securing the Federal Highway Administration (FHWA) storm damage repair funds and any other public assistance disaster program funds available for reimbursement of the PROJECT costs. (b) CONTRA COSTA shall perform the following activities: 1. Prepare a certification of the right of way necessary for the PROJECT within CONTRA COSTA. 2. Review and approve the bid documents prior to advertisement of the contract. 3. Provide an encroachment permit to perform the PROJECT work. 4. Perform a joint final inspection of the PROJECT within CONTRA COSTA's jurisdiction. .. 5. Prepare and submit to ALAMEDA a report of all PROJECT expenditures by CONTRA COSTA in accordance with Section 5(c). 6. Consult with ALAMEDA, as necessary, to enable the PROJECT to be properly completed. 4. Financial Responsibility: ALAMEDA applied for federal storm damage funds for the PROJECT. On March 16, 1995, the Federal Highway Administration (FHWA) conducted a field review and declared the landslide eligible for emergency relief funds in the amounts of .$100,000 for the construction contract and $25,000 for the engineering costs. ALAMEDA and CONTRA COSTA shall share PROJECT costs incurred by both counties subsequent to the FHWA declaration on March 16, 1995 which are not reimbursed by FHWA, contingent upon obligation of the FHWA funding for the PROJECT. The PROJECT cost estimate is set forth in attached Exhibit "A". CONTRA COSTA's maximum cost share shall be limited to $34,619 plus 50% of the construction contract cost over $100,000 plus any CONTRA COSTA approved changes and extra work within CONTRA COSTA's jurisdiction. The $34,619 cost represents 50% of the total local cost (project total cost less the maximum FHWA disaster assistance reimbursement) as shown on Exhibit "K. CONTRA COSTA shall not share in any costs incurred by ALAMEDA prior to March 16, 1995. Should FHWA fail to obligate their share of the PROJECT funding or should the apparent low bid exceed 125% of the engineers contract cost estimate, CONTRA COSTA reserves the right to terminate this agreement and reimburse ALAMEDA only for CONTRA COSTA's share of the preliminary engineering and right of way costs incurred by ALAMEDA subsequent to March 16, 1995, up to $19,050. Should FHWA fail to obligate their share of the PROJECT funding or should the apparent low bid exceed 125% of the engineer's contract cost estimate, ALAMEDA reserves the right to terminate this agreement and collect CONTRA COSTA's share of the preliminary engineering and right of way costs incurred by ALAMEDA subsequent to March 16, 1995, up to $19,050. 2 CONTRA COSTA shall assume full financial responsibility for changes or extra work within its jurisdiction. ALAMEDA shall assume full financial responsibility for changes or extra work within its jurisdiction. 5. Deposit and Adjustment: (a) Contingent upon obligation of the FHWA funding, at least ten days prior to ALAMEDA advertising for construction bids, CONTRA COSTA shall deposit with ALAMEDA the sum of $78,050 which represents 50% of the total estimated project cost less CONTRA COSTA'S estimated in-house expenditures of $11,900 as shown on Exhibit "A", and which includes a sum to cover contract contingencies. All interest accruing on the deposit shall be credited against CONTRA COSTA's share of the PROJECT costs. (b) There shall be no revision of the cost share due to changes in the parties' boundaries occurring after the date of contract award. (c) Within thirty days of acceptance of the PROJECT, CONTRA COSTA shall deliver to ALAMEDA a report of CONTRA COSTA's PROJECT expenditures. Within ninety days of acceptance of the PROJECT, ALAMEDA shall deliver to CONTRA COSTA a report of the PROJECT receipts and disbursements (including CONTRA COSTA's expenditures) and a refund of the difference between the $78,050 deposit plus interest and CONTRA COSTA's final cost share, or a bill for the additional amount owed to ALAMEDA, if CONTRA COSTA's cost share exceeds the deposit paid plus interest. Payment for the amount owed to ALAMEDA, if any, shall be made no later than forty-five days after the date of billing by ALAMEDA. If CONTRA COSTA's cost share is less than the deposit paid and interest accrued, the excess shall be refunded to CONTRA COSTA within ninety days of acceptance of the PROJECT. (d) Should ALAMEDA receive additional reimbursement for the PROJECT from sources other than FHWA subsequent to the refund to CONTRA COSTA, ALAMEDA shall refund to CONTRA COSTA 50% of the additional funds upon receipt of the reimbursement. Should ALAMEDA receive additional reimbursement for the PROJECT from sources other than FHWA prior to the refund to CONTRA COSTA, 50% of the additional funds received shall be included in the refund to CONTRA COSTA. 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 CONTRA COSTA, its officers and employees to the same extent as provided to ALAMEDA. (b) Neither CONTRA COSTA, 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 ALAMEDA in connection with any work delegated to ALAMEDA under this Agreement, and to the extent not covered by the above-described insurance or indemnification. ALAMEDA shall defend, indemnify, save and hold harmless CONTRA COSTA, its officers and employees against the same, except as provided otherwise in section 7 (b). 3 (c) Neither ALAMEDA, 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 CONTRA COSTA in connection with any work delegated to CONTRA COSTA under this Agreement, and to the extent not covered by the above-described insurance or indemnification. CONTRA COSTA shall defend, indemnify, save and hold harmless ALAMEDA, its officers and employees against the same, except as provided otherwise in Section 7(c). (d) CONTRA COSTA acknowledges that entry into the construction area carries with it a certain risk and agrees to release, indemnify and hold harmless ALAMEDA, its officers and employees from any liability for death of, or injury to, CONTRA COSTA's representative(s) while present in the construction area, except for liability resulting from the sole negligence or willful misconduct of ALAMEDA. (e) ALAMEDA acknowledges that entry into the construction area carries with it a certain risk and agrees to release, indemnify and hold harmless CONTRA COSTA, its officers and employees from any liability for death of, or injury to, ALAMEDA's representative(s) while present in the construction area, except for liability resulting from the sole negligence or willful misconduct of CONTRA COSTA. (f) 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 PROJECT, CONTRA COSTA and ALAMEDA shall conduct the final inspection. After CONTRA COSTA has determined and informed ALAMEDA that its portion has been completed to CONTRA COSTA's satisfaction, ALAMEDA shall accept the PROJECT as complete for itself and for CONTRA COSTA. CONTRA COSTA shall not unreasonably withhold or delay its determination of project completion. (b) Upon acceptance of the PROJECT, CONTRA COSTA shall own and be responsible for maintaining its portion of the PROJECT and notwithstanding the provisions of section 6(b), shall defend, indemnify, save and hold harmless ALAMEDA, 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 CONTRA COSTA's portion of the PROJECT. c) Upon acceptance of the PROJECT, ALAMEDA shall own and be responsible for maintaining its portion of the PROJECT and notwithstanding the provisions of section 6(c), shall defend, indemnify, save and hold harmless CONTRA COSTA, 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 ALAMEDA's portion of the PROJECT. 4 8. 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. 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 ALAMEDA. 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 within ninety days of termination. 12. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the refund payment described in section 5(c) above. Notwithstanding termination of this Agreement, the provisions of section 5(d), 6(b)-(e), 7(b) and 7(c) shall survive such termination. COUNTY OF CONTRA COSTA COUNTY OF ALAMEDA By: By: Chair r n, Board of Supervisors Chairperson, Board of Supervisors ATTEST: May 7, 1996 ATTEST: Phil Batchelor, Clerk of the Board of Darlene J. Bloom, Acting Clerk of Supervisors and County Administrator the Board of Supervisors By: By: Deput�O Deputy 5 RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL: J. Michael Walford, Public Works Director Ousama H. Kawar, P.E. Deputy Director Engineering and Construction i By: Deput ublic Works Director Donald J. LaBelle Public Works Director FORM APPROVED: FORM APPROVED: Victor J. Westman, Calvin H. Booty, Jr, County Counsel County Counsel By: �� - By: Deput Deputy DE:jlg g:\desig n\96tem ps\pi n eh u rs.t2 4/25/96 6