HomeMy WebLinkAboutMINUTES - 04201999 - C9 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 20, 1999
SUBJECT: Approve the Joint Exercise of Powers Agreement between Contra Costa County and the
City of Brentwood for the construction of a right turn lane on Lone Tree Way at Fairview
Avenue, Brentwood area,
Project No.: 0662-6R4006
SPECRC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1, Recommended Action:
APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the City
of Brentwood for the construction of a right turn lane on Lone Tree Way at Fairview Avenue.
AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Exercise of Powers
Agreement.
Continued on Attachment: X SIGNATUPi.
RECOMMENDATION of BOARD COMM TEE
—APPROVE —OTHER
SIGNATURES :
ACTION OF BOARD ON Prli a APPROVED AS RECOMMENDED x OTHER
MOTE OF SUPERVISORS
X UNANii OUS (ABSENT --
AYES: NOES.
ASSENT; ABSTAIN: I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED:_April 20, 1999
Y:ei
PHIL BATCHELOR, Clerk of the Board of G:1GrSupervisors and County Administrator
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Orig. Dive Public works(TE)
(IContact: Joe Yee(925)313-2258 �
,
c: M.Shiu,Assistant Public works Director By Deputy
Public works Accounting a
Approve the Joint Exercise of Powers Agreement between Contra Cash County and the City of
Brentwood for the construction of a right turn lane on Lone Tree Way at Faiview Avenue.
April 20, 1999
Fuge 2
IL Financiallmoact:
There is no impact to the General Fund. The project is funded entirely with Federal FEES and City
of Brentwood funds.
III. Reasons for Recommendations and Background:
The County applied for and received Federal HES funds to construct a right turn lane on Lone
Tree Way at Fairview Avenue. However, on November 28, 1998, the City of Brentwood annexed
this segment of Lane Tree Way. The City has requested that the County continue with design and
construction of this project and agreed to pay for cost not reimbursable from Federal funds.
IV. Consequences of Negative Action:
If the agreement is not approved, the implementation of the project will be delayed and Federal
funds may be jeopardized.
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY AND THE CITY OF BRENTWOOD
FOR THE CONSTRUCTION OF A RICHT TURN LANE ON LONE TREE WAY AT
FAIRVIEW AVENUE
(County Project No.: 0662-684006)
This AGREEMENT is entered into on the 20th day of April ' 1999,
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. Purpose _and Scope of Work. The purpose of this AGREEMENT is to
provide for the construction of a right turn lane on Lone Tree Way at Fairview Avenue
(hereinafter PROJECT). The work to be performed consists of widening the existing
roadway with asphalt concrete, providing necessary pavement stripes and markings, and
other items of work necessary to complete PROJECT.
2. Responsibilities of CITY and COUNTY.
A. CITY shall be responsible for the following:
(1) Review and approve the plans, specifications, and cost
estimate for the PROJECT.
(2) Inspect and approve the PROJECT before PROJECT
acceptance by the COUNTY.
S. COUNTY 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.
( ) Approve and accept the PROJECT when complete.
(6) Prepare and deliver to the CITY a report of final PROJECT
costs within 120 days of completion and acceptance of
PROJECT.
1 Financial Reso nsibility.
A. CITY and COUNTY acknowledge and agree that all cots for the
PROJECT not reimbursable from Federal hazard Elimination Safety
(HES) funds, incurred after the CITY's annexation of lone Tree Way
on November 28, 1998, will be paid for by CITY as shown in
attached Exhibit "A," which is incorporated here. The term COSTS,
as used in this section, shall include, without limitation, design costs,
construction contract costs, and construction engineeringAnspection
costs. If it is found during construction that a cost overrun exceeding
20 percent of the estimate will occur, CITY shall endeavor to agree
upon an alternative course of action. If after 30 days an alternative
course of action is not agreed upon between CITY and COUNTY,
this AGREEMENT shall be deemed terminated. CITY°S maximum
cost .share shall be limited to $20,000 plus any CITY approved
change orders. This amount represents the costs not reimbursable
with HES funds as shown on attached Exhibit "A." CITY shall
deposit $20,000 with the COUNTY, prior to the start of any work on
the PROJECT.
& Within one hundred twenty (120) days of the last contract payment
of the PROJECT, COUNTY shall deliver a report of PROJECT
expenditures to CITY with a bill for the additional amount owed to
COUNTY due to any approved change orders. payment for the
amount owed to COUNTY, if any, shall be made no later than forty-
five (45) days after the date of billing by COUNTY. If CITY,S costs
are less than the deposit paid, the excess shall be refunded to CITY
within ninety (90) days of the last contract payment of the PROJECT.
4,, Change Orders. All contract change orders shall be approved in writing by
CITY prior to execution by COUNTY, Any modifications to the plans as a result of a
change order shall be performed by COUNTY.
5. Insurance and bold harmless.
A. The contract documents for PROJECT shall include provisions
requiring the successful bidder to;
(1) secure and maintain in full force and effect during
construction of PROJECT worker's compensation and public
liability and property damage insurance in forms and limits of
liability satisfactory to CITY and COUNTY, naming CITY and
COUNTY, their governing bodies, officers, and employees as
additional insureds, and
(2) promise to hold harmless and indemnify CITY, its governing
body, officers, and employees from liability to the same extent
2
as premised to COUNTY,
(3) The aforementioned policy shall contain a provision that the
insurance afforded thereby to the additional insureds shall be
primary insurance to the Bail 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 PROJECT, the contractor
shall submit to CITY and COUNTY a certificate of insurance
evidencing the required coverage and requiring the carrier to
give at least thirty (30) days written notice to CITY and
COUNTY of any cancellation, nonrenewal, or material
modification of the policy. COUNTY shall be responsible for
ensuring that this requirement has been met before allowing
construction work to proceed.
B. Neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of
anything done or emitted to be done by CITY or in connection with
any work delegated to CI . under this AGREEMENT, and CITY
shall defend, indemnify, save, and hold harmless COUNTY, its
governing body, officers and employees, from the same, except as
provided otherwise in section 7 below.
C. Neither 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 COUNTY or in connection
with any work delegated to COUNTY under this AGREEMENT, and
COUNTY shall defend, indemnify, save, and held harmless CITY, its
governing body, officers and employees, from the same, except as
provided otherwise in section 7 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. COUNTY shall accept PROJECT work when it has
determined that the work has been properly completed and CITY has approved the work
completed.
7. Maintenance. After PROJECT work is accepted by COUNTY, CITY shall
own PROJECT and assume total responsibility for maintenance of the PROJECT and
shall defend, indemnify, save, and hold harmless the COUNTY, its governing body,
officers and employees, against all claims, suits, actions, or liability that arises relating to
the use, operation, or maintenance of said PROJECT.
6. Restrictions. Pursuant to Government Code Section 6609, the powers of
the parties under this AGREEMENT shall be subject to the restrictions on such powers
3
applicable to COUNTY.
9, Accountability. As required by Government Cade section 6505, both parties
to this AGREEMENT shall provide a report providing strict accountability of all funds
received and disbursed for PROJECT, which shall occur commensurate with final
payment as set forth in Section 3B.
10. Agreement 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 the implementation and accomplishment
of the overall purpose for which this AGREEMENT is drawn. This AGREEMENT
supersedes all other AGREEMENTS between CITY and COUNTY, either written or oral,
concerning the widening of Lone Tree Way at Fairview Avenue.
11, Agreement Expiration. T his 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 5B, 5C and 7, which shall survive expiration of this
AGREEMENT.
CONTRA COSTA COUNTY CITY of Brentwood
By
By
#rm , Board of Supervisors Mayor, Cljntrn Kidd
ATTEST:
Phil Batchelor, Clea of the Board of
Supervi ors an ,!Coun rinistrator
By
putt'
Recommend for Approval: Recommend for Approval:
J. Michael Walford John Ste nson
Public Works Director Cl n neer
1-5
By
Form Approved: Approved
Victor J. Westman Paul Anderson
County.Counsel CITY Attorney
By By
Deputy r
k\ WS?iSHAHDATA\Gr,'}Ora: TrarsEngtYEE\SrenwoodJE€ A.QoC
4
EXHIBIT A
Engineenng Preliminary Cost Estimate
Contra Costa County Department of Public Works
Project Name: Lone Tree Way Right Turn Lane at Fairview Avenue(County Project No.:0662-684006)
Project Location. On Lone Tree Way at Fairview Avenue in the Brentwood area.
Project Description: Widen roadway to provide a right turn lane from Lone Tree Way onto Fairview Ave.
Project Length: About 125m along Lone Tree Way and 30m along Fairview Ave.
Date of Estimate: 8118198
Prepared by: A.Docto
No, Description Quantity I Units Unit Cost i Total
F '
Construction Area Signs i LS $1,500 $1,500
2 Traffic Control System i LS ! $110,000 $10,0003
E 3 (Relocate Roadside Sign 2 EAi $150 $3001
4 ;Relocate Mailbox 2 '; EA $1501 $300
5 Relocate Roadside Delineators 1 j LS $500y $500
fi Re'_ocate Traffic Signal and other Component1 LS $42,450' $42,450
7 Clearing and Grubbing, 3 1 LS $5,400 $5,0001
8 Roadway Excavation 240 M3 $20 $4,800
' 9 ;Roadway Embankment FM 127 M3 $20 $2,540
10 ;Roadside Ditch Excavation 1 LS $1,01}01 $1,000
11 Minor Structure(Convert Drainage Inlet to Manhole) 3 i EA $1,3003 $3,900
12 Relocate Drainage Inlet(Type C&460mm Pipe) € 3 EA $1,750 $5,250
E 13 Asphalt Concrete l 194 TONNE $45 $8,730;
3 14 Aggregate Base 277 TONNE f $20 $5,540'
115 Aggregate Subbase 468 TONNE 3 $18f $8,424
16 'Shoulder Backing 38 ; TONNE $23 $874
17 Thermoplastic Traffic Striping 242 I M $36 $726
l8 Thermoplastic Pavement Markings-Type IV(R) 5 M2 $30 $150°
19 Roadside Traffic Sign(One Post) 2 EA 5250 ----
T
500
LABOR COSTS: Design Engineering(15%) $15,373 SUBTOTAL $102,484
Constriction Engineering( 5%; $15,373 OTHER COSTS $33,745
Environmental $3,000 SUBTOTAL $136,229
CONTINGENCY $11,786
TOTAL $148,015
Total LABOR COSTS $33,745
°CONTINGENCY is 10%of(SUBTOTAL plus Construction Engineering)
Estimated cost to City of Brentwood is County's overhead cast for labor charges
Total Estimated
Labor Cast
Design Eng. $15,373
Constrtaction Eng. $15,373
Environmental $3,000
T etal Est.Labor $33,745
Overhead Cost
Total Est.
Labor/1.68 $20,066.43