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Home My WebLink AboutMINUTES - 06251996 - C2 r ' TO: BOARD OF SUPERVISORS c2 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 Overlay of Parkside Drive Between Hillside Drive and Overlook Drive. Project No.: 0672-6U2197 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 overlaying the existing width of Parkside Drive with asphalt concrete between Hillside Drive and Overlook Drive. H. Financial Impact: The County share of the total project is estimated to cost $23,000. 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. III. Reasons for Recommendations and Background: The existing road has deteriorated to a point where a 0.30 foot asphalt concrete overlay is necessary to bring the condition of the pavement up to an acceptable level. This treatment will extend the life of the road many years. The City of Walnut Creek will administer the project IV. Consequences of Negative Action: Without approval of the Joint Exercise of Powers Agreement Parkside D ' e will not be resurfaced. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONMN APPROVED AS RECOMMENDED. OTHER_ VOTE OF SUPERVISORS _ C UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby m*tw ft N a true and oanot oop�of on, amn ttween and eland on the n�YNeta al fIN ftel BB:pc ATT STW- aJ4Jl-Y� c:B025.t6 PHIL board ndu *b1dW Contact: Brian Balbas oapuy► Orig. Div: Public Works (Maintenance) cc: See next page Agreement with City of Walnut Creek for Overlay June 25, 1996 Page 2 cc: Director, Community Dev. County Administrator County Counsel City of Walnut Creek Auditor/Controller PW Accounting � 2 JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE OVERLAY OF PARKSIDE DRIVE BETWEEN HILLSIDE DRIVE AND OVERLOOK DRIVE This AGREEMENT is entered into on the)'day of 11996, 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. The parties to this AGREEMENT mutually'6gree and promise as follows: 1. Purse and Scope of Work. The purpose of this AGREEMENT is to provide for the resurfacing of Parkside Drive between Hillside Drive and Overlook Drive (hereinafter "PROJECT') where the easterly half of the road lies within the limits of the CITY and the remainder within the COUNTY. The work to be performed consists of overlaying the existing roadway with ARHM-GG asphalt concrete, repairing base failures, crack sealing, raising storm sewer manholes and survey monuments, placing shoulder backing material, providing necessary pavement stripes and markings, and other items of work necessary to complete the PROJECT. 2. Responsibilities of CITY and COUNTY. (a) CITY shall be responsible for the following: (1) Act as lead agency. (2) Prepare design plans and specifications for the PROJECT. (3) Advertise and award the contract for the PROJECT. (4) Perform construction engineering, contract administration, and inspection of the PROJECT. (5) Approve and accept the PROJECT when complete. (6) Prepare and deliver to the COUNTY a report of final PROJECT costs within 45 days of completion and acceptance of PROJECT. (b) COUNTY shall be responsible for the following: (1) Review and approve the plans and specifications for the � Z JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE OVERLAY OF PARKSIDE DRIVE BETWEEN HILLSIDE DRIVE AND OVERLOOK DRIVE. Page 2 of 5 PROJECT before the PROJECT is advertised for bid. (2) Inspect and approve that-portion of the PROJECT located within the unincorporated area before PROJECT acceptance of such portion by the CITY. 3. Financial Responsibility. The:CITY and the COUNTY acknowledge that all costs for the PROJECT will.be borne equally between the CITY and the COUNTY. The term "COSTS", as used in this sub-part, shall include without limitation construction contract costs and construction engineeringfinspection costs. If, upon opening of the bids, it is found that a cost overrun exceeding 20 percent of the estimate will occur, the COUNTY shall endeavor to agree upon an alternative course of action. If after 30 days an alternative course of action is not agreed upon between the CITY and COUNTY, this agreement shall be deemed to be terminated. The COUNTY maximum cost share shall be limited to$27,600 plus any COUNTY approved change orders within the unincorporated portion of the PROJECT. This amount represents 50% of the total cost as shown on attached Exhibit"A". The COUNTY shall reimburse the CITY its share of the costs within 30 days of receipt of the report of final project costs. 4. Change Orders. All contract change orders shall be approved in writing by COUNTY prior to execution by CITY. Any modifications to the plans as a result of a change order shall be performed by CITY. 5. insurance and Hold Harmless. (a) The contract documents for the PROJECT shall include provisions requiring the successful bidder to: (1) secure and maintain in full force and effect, during construction of the PROJECT, workers' compensation, public liability and property damage insurance, in forms and limits of liability satisfactory to CITY and the COUNTY, naming CITY and the COUNTY, their governing bodies, officers and employees as additional insureds, and (2) promise to hold harmless and indemnify the COUNTY, its governing body, officers and employees from liability to the same extent as promised to CITY. The aforementioned policy shall contain a provision that the insurance afforded thereby - JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE OVERLAY OF PARKSIDE DRIVE BETWEEN HILLSIDE DRIVE AND OVERLOOK DRIVE. Page 3 of 5 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 insurance-or self insurance shall be excess insurance only. Before beginning construction,of the PROJECT, the contractor shall submit to the CITY and the COUNTY a certificate of insurance evidencing the required coverage and requiring the carrier to give at least 30 days written notice to the CITY and the COUNTY of any cancellation„ non-renewal or material modification of the policy. The-CITY shall be responsible for ensuring that this requirement has been met before allowing construction work to proceed. (b) 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 7 (a) below. (c) 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 7(a) 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. The CITY shall accept the PROJECT work performed by the contractor when it has determined that the work has been properly completed and the COUNTY has approved the work completed within the COUNTY portion of the PROJECT. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE OVERLAY OF PARKSIDE DRIVE BETWEEN HILLSIDE DRIVE AND OVERLOOK DRIVE. Page 4 of 5 7. Maintenance. (a) Once the PROJECT work is accepted by the CITY, 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 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. 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 the CITY. 9. 6greement 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 Parkside Drive from Hillside Drive to Overlook Drive. 10. 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 5(b), 5(c) and 7, which shall survive expiration of this AGREEMENT. �? 2 JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE OVERLAY OF PARKSIDE DRIVE BETWEEN HILLSIDE DRIVE AND OVERLOOK DRIVE. Page 5of5 CONTRA COSTA OUN CITY OF WALNUT CREEK By By yhfipan, Board of Supervisors City Manage ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 4 By Deputy Recommended for Approval: Recommended for Approval: J. Michael Walford F. J. Kennedy Public Works Director City Engineer Form Approved: Form Approved: Victor J. Westman Tom Haas County Counsel-. City Attorney By V�� i Y (), Deputy wparkside.wpd 6/1 1/96 C2 ENGINEER'S ESTIMATE PARKSIDE DRIVE RESURFACING Revised 5-22-96 Construction Description Unit uanti Unit Price Total 1. Clearing and Grubbing L.S. 1 job 1,800 1,800 2. Traffic Control L.S. 1 job 600 600 3. Crack Cleaning& Sealing .. L.F. 500 1.00 500 4. 4" Full-Depth AC . Pavement Repair S.F. 5,500 3.00 16,500 5. AC Wedge Cutting (6'wide) L.F. 200 1.00 200 6. ARHM-GG Overlay Ton 240 70 16,800 7. Striping L.S. I job 3,600 3,600 Total Construction $40,000 Design/Inspection/Construction Management 15% of$40,000 = $ 6,000 Total Project Cost $46,000