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Home My WebLink AboutMINUTES - 06251996 - C1 TO: BOARD OF SUPERVISORS / FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: June 25, 1996 SUBJECT: Joint Exercise of Powers Agreement with the City of Walnut Creek for the Seal Coat of 2007 Feet of Castle Rock Road Between Pine Creek Road and the City Limit Project No.: 0672-6U2196 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: Approve and Authorize the Chairman of the Board of Supervisors to execute the Joint Exercise of Powers Agreement with the City of Walnut Creek for County furnished chipsealing of the entire width of Castle Rock Road within that portion of the road where the city limit runs along the road center line. H. Financial Impact: The County share of the total project is estimated to cost $15,000. The project will be funded fifty percent by the City of Walnut Creek and fifty percent by the County. The County's share is to be funded by the road fund. M. Reasons for Recommendations and Background: The existing road requires a sealcoat to provide a protective membrane for the pavement surface. This treatment will extend the life of the road by sealing the surface to prevent water from penetrating into the road base. The project will be done by County Maintenance crews. IV. Consequences of Negative Action: Without approval of the Joint Exercise of Powers Agreement ZCast1lck Road will not be chipsealed. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 25, 1996 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS A UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: t hmby M*00 ft h 0 VW ab�t or d an actim talon and aMNad an ft �M d so BB:pc Bard at c:B025.t6 XffESIM. eWwvvtaota� AdmNAMW Contact: Brian Balbas V Orig. Div: Public Works (Maintenance) �► °i°1dr cc: See next page Agreement with City of Walnut Creek for Seal Coat June 25, 1996 Page 2 cc: Director, Community Dev. County Administrator County Counsel City of Walnut Creek Auditor/Controller PW Accounting II JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE DOUBLE SEALCOAT SURFACE TREATMENT ON CASTLE ROCK ROAD This AGREEMENT is entered into on theme' day of ,1996, between the City of Walnut Creek, a municipal corporation of Ahe 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. The parties to this AGREEMENT mutually agree and promise as follows: 1. Pu[pose and Scope of Work. The purpose of this AGREEMENT is to provide for the placement of surface treatment on Castle Rock Road from a point 317 feet north of Pine Creek Road for a distance of 2007 feet south to the CITY limits (hereinafter "PROJECT"). The work to be performed consists of placing a double sealcoat over the existing roadway, repairing base failures, crack sealing, providing necessary pavement stripes and markings, subsurface drainage, and other items of work necessary to complete the PROJECT. 2. Responsibilities of COUNTY and CITY. (a) COUNTY shall be responsible for the following: (1) Act as lead agency. (2) Provide an estimate of the CITY and COUNTY share of the project costs. (3) Perform all necessary work to place the sealcoat, complete in place, with its own labor and equipment, rental equipment and contractor furnished materials. (4) Prepare and deliver to the CITY a report of final PROJECT costs within 90 days of completion of PROJECT. (b) CITY shall be responsible for the following: (1) Review and approve COUNTY furnished estimate of the project costs. (2) Review and accept that portion of the PROJECT within the CITY upon receipt of a notice of completion from COUNTY. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE DOUBLE SEALCOAT SURFACE TREATMENT ON CASTLE ROCK ROAD. Page 2 of 5 (3) Reimburse the COUNTY for the CITY share of the final project costs. 3. Financial Responsibility. The CITY and the COUNTY acknowledge that all construction costs for the PROJECT will be borne equally between the CITY and the COUNTY. The term " CONSTRUCTION COSTS", as used in this sub-part, shall include without limitation all equipment, labor and material costs associated with completing the PROJECT. The CITYS maximum cost share for the PROJECT, except as stated elsewhere in this AGREEMENT, shall be limited to $18,000 (120% of estimate) plus any CITY approved change orders within the incorporated portion of the PROJECT. In addition, the CITY agrees to pay appropriate overhead costs including the cost of insurance specific to the performance of the work within the CITY. The CITY shall reimburse the COUNTY its share of the costs within 30 days of receipt of the report of final project costs. 4. Insurance and Hold Harmless. (a) Before any work is performed pursuant to this agreement, the CITY and COUNTY shall obtain and maintain in force, the following insurance: (1) Broad Form Comprehensive General Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$1,000,000 for all damages because of bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence and $1,000,000 insuring the contractual liability for services provided under this AGREEMENT. (b) The policy or policies, for both regular and any excess insurance, and the riders attached thereto, or the certificates for the policies or riders, shall name the other party, its officers and agents, as additional insureds, and shall provide for notice to the other party of cancellation, modification, or lapse at least 30 days prior to such cancellation, modification, or lapse of the policy or policies. (c) The insurance hereinabove specified shall be in the form satisfactory to the parties and shall be placed with an insurance company or companies satisfactory to the parties, and shall be kept in full force JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE DOUBLE SEALCOAT SURFACE TREATMENT ON CASTLE ROCK ROAD. Page 3 of 5 and effect during the term of this AGREEMENT. (d) Prior to commencement of any work on the PROJECT, each party shall furnish, or cause to be furnished to the other party, certificates of insurance or certified copies of the policies of insurance hereinbefore specified. (e) If the CITY or COUNTY is self insured, the self insured party shall provide evidence acceptable to the other party that its self insured program provides the above described minimum coverage and shall provide a certificate adding the other party to its self insurance. (f) If the CITY or COUNTY fail to maintain the above described insurance, this AGREEMENT shall automatically terminate immediately. Upon such termination under this paragraph, the COUNTY shall not be obligated to perform any further services, but the CITY shall continue to be obligated to pay the COUNTY for services performed by the COUNTY under this AGREEMENT to the date of termination. (g) 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, or in connection with any work delegated to the CITY under this AGREEMENT, and the CITY shall defend, indemnify, save and hold harmless the COUNTY, its governing body, officers and employees from the same, except as provided otherwise in section 5(a) below. (h) 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, or in connection with any work delegated to the COUNTY under this AGREEMENT, and the COUNTY shall defend, indemnify, save and hold harmless the CITY, its governing body, officers and employees from the same, except as provided otherwise in section 5(a) below. (i) 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. C. l JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE DOUBLE SEALCOAT SURFACE TREATMENT ON CASTLE ROCK ROAD. Page 4 of 5 5. Maintenance. (a) Once the PROJECT work is completed by the COUNTY, the CITY shall assume total responsibility for maintenance of the CITY portion of the PROJECT (i.e., portion within city limits), the COUNTY shall assume total responsibility for maintenance of the COUNTY portion of the PROJECT (i.e. portion within the unincorporated area), and, within their respective areas of maintenance responsibility, both CITY and COUNTY shall defend, indemnify, save and hold harmless the other, its governing body, officers and employees against all claims, suits, actions or liability that arise, whether relating to the design, construction, use, operation or maintenance of said portion after the CITY and COUNTY accept the PROJECT. 6. 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. 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 this AGREEMENT is drawn. This AGREEMENT supersedes all other AGREEMENTS between the CITY and COUNTY, either written or verbal, concerning the resurfacing of Castle Rock Road. 8. Agreement Expiration. This AGREEMENT shall expire upon delivery of the report of receipts and disbursements and payment of all funds specified herein, except for the provisions of sections 4(g), 4(h) and 5, which shall survive expiration of this AGREEMENT. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE DOUBLE SEALCOAT SURFACE TREATMENT ON CASTLE ROCK ROAD. Page 5 of 5 CONTRA COSTA COUNTY CITY OF WALNUT CREEK BY BY P#6, n- , Board of Supervisors City Mana r ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator r By )A', dD I A Deputy Recommended for Approval: Recommended for Approval: J. Michael Walford F. J. Kennedy Public Works Director City Engineer By Form Approved: Form Approved: Victor J. Westman Tom Haas County Counsel City Attorney BY BY Deputy amastl®rk.wpd 6/17/90 CASTLE ROCK ROAD DOUBLE CHIPSEAL County/City Anticipated Project Cost Estimate Project Name: Castle Rock Road Double Chi seal Cost Estimate Date: 6/11/96 Project Number. County Chip Seal Prepared By: BMB Project Location: 317' north of Pine Creek Rd, 200T southerly to CL Checked By: Item No. Bid Item Description Quantity Unit Unit Cost Amount 1 Traffic Control 1 LS $2,500.00 $2,500.00 2 Pavement Failure Repair 3100 SF $5.00 $15,500.00 3 Crack Sealing 1000 LF $1.00 $1,000.00 4 Underground Spring Drainage System 1 EA $4,000.00 $4,000.00 5 Double Chipseal 4926 SY $1.20 $5,911.20 6 Traffic Striping .2007 LF $0.50 $1,003.50 Other Costs: Contract Subtotal': $29,914.70 Other Costs: Subtotal: $29,914.70 Contingencies - (10% of items with`): $0.00 Total: $29,914.70 Rounded Total: $30,000 This estimate includes doing work to the entire width of the roadway. City share is 1/2 the total estimate. County crews shall do all work associated with this project. Traffic Control: All traffic control has been lumped into one item. Pavement Failure Repair. This quantity is based on markings done by City of Walnut Creek in preparation of OL. Underground Spring Drainage System: Estimate only,depending on what County crews find upon excavation. Double Chipseal: This unit price is based on costs for prior years chipseals. Striping: Assumes County will replace striping in kind. BMB;bmb kcasffrkAs