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Home My WebLink AboutMINUTES - 04032007 - C.02 -s--_-L C on ra TO: BOARD OF SUPERVISORS '`� -��' •-`,. A7 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR g „ 14Costa DATE: APRIL 3, 2007 °s A'coUn County SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, or designee, to execute the Joint Exercise of Power Agreement with the City of Richmond in the amount of$69,000 for the San Pablo Dam Road Rehabilitation Project, from April 3, 2007 through the completion of project, El Sobrante Area. (100% City of Richmond Funds) (District I) Project No. 0662-6R4148 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair,Board of Supervisors,or designee,to execute the Joint Exercise of Power Agreement with the City of Richmond in the amount of$69,000 for the San Pablo Dam Road Rehabilitation Project, from April 3,2007 through the completion of project,El Sobrante Area. (100%City of Richmond Funds)(District 1) Project No. 0662-6R4148 FISCAL IMPACT: There is no impact to the General Fund. The portion of the project within the City of Richmond is funded entirely with City of Richmond funds. The portion of the project within Contra Costa County is to be funded by Surface Transportation Program (STP), Measure C, and local road funds. CONTINUED ON ATTACHMENT: El SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE i/ APPROVE OTHER SIGNATURE(S): ACTION OF BOARD N � /� �3- APPROVED AS RECOMMENDED OTHER V7 SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Jason Chen 313-2299 JCar p G:\TransEng\2007\BO-TE\BO SanPabloDamRdRehab.doc ATTESTED O y// 40,,5, JOHK CULLEN,CLERK OF THE BOARD OF SUPERVISORS cc: S.Kowalewski,Transportation Engineering B.Fernandez,Transportation Engineering J.Chen,Transportation Engineering Accounting Services BY: DEPUTY City of Richmond SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, or designee,to execute the Joint Exercise of Power Agreement with the City of Richmond in the amount of$69,000 for the San Pablo Dam Road Rehabilitation Project,from April 3,2007 through the completion of project,El Sobrante Area. (100% City of Richmond Funds) (District I) Project No. 0662-6R4148 DATE: April 3, 2007 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: Contra Costa County will design and place approximately 3.3 miles of bonded wearing course surface treatment, striping,and curb ramps construction/reconstruction along San Pablo Dam Road. Within the 3.3 miles of San Pablo Dam Road from El Portal Drive to Tri Lane,there are three sections of San Pablo Dam Road that are under the City of Richmond's jurisdiction. The three sections are near Pleasant Lane and Leisure Lane, Bristlecone Drive, and Castro Ranch Road. The City of Richmond has requested that Contra Costa County include the City of Richmond's three sections within the 3.3 miles project limits. Work will be performed by Contra Costa County maintenance crews and a contractor. The purpose of this agreement is to provide for the apportionment of duties and costs between Contra Costa County and the City of Richmond. Execution of this Joint Exercise of Power Agreement will allow the design and construction to proceed and allow Contra Costa County to be reimbursed for the costs incurred. County Counsel has reviewed this Joint Exercise of Power Agreement. The City of Richmond City Council approved this Joint Exercise of Power Agreement in their February 20, 2007 City Council Meeting. The Mayor,City Clerk,City Engineer,and City Attorney have already signed this agreement. CONSEQUENCES OF NEGATIVE ACTION: If the agreement is not approved,the sections of San Pablo Dam Road within City of Richmond's jurisdiction will be left unimproved. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND CITY OF RICHMOND FOR SAN PABLO DAM ROAD REHABILITATION PROJECT (Contra Costa County Project No. 0662-6R-4148-!05) 0 This AGREEMENT is entered into on the��q(day of 11//2007, between the County of Contra Costa, a political subdivision of the State of California a (hereinafter referred to as COUNTY), and the City of Richmond, a.municipal corporation duly organized and existing under the laws of the State of California (hereinafter referred to as CITY), 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. COUNTY will design and place approximately 17,360 feet (3.3 miles) of surface treatments (bonded wearing course), striping on San Pablo Dam Road, and curb ramps (the "PROJECT). Within this 3.3 miles of San Pablo Dam Road from El Portal Drive to Tri Lane, there are three sections of San Pablo Dam Road that are under CITY's jurisdiction. The three sections are near Pleasant Lane and Leisure Lane, Bristlecone Drive, and Castro Ranch Road. CITY has -requested that COUNTY add to the existing PROJECT these three sections (the "CITY WORK"), and COUNTY is agreeable to do so on the terms and conditions set forth below. Work will be performed by Contra Costa County maintenance crews and a contractor. The purpose of this AGREEMENT is to provide for the apportionment of duties and costs between COUNTY and CITY with respect to the CITY WORK. The CITY WORK requires design and placement of a layer of bonded wearing course, striping, and curb ramps as outlined in the Planning Cost Estimate (Exhibit "N'). The estimated total CITY WORK cost is $69,000. construction engineering, construction related surveys, materials testing, contract administration, and inspection of the PROJECT and the CITY WORK. (4) Consult with CITY's appointed representative on any necessary changes or extra work in the CITY WORK. (5) Accept the CITY WORK in writing upon CITY's approval of the same. (6) Within 120 days of PROJECT acceptance, prepare and submit to CITY a report of the actual costs incurred for the CITY WORK. 3. financial Responsibility. A. Within 30 days after the execution of this Agreement, CITY will 'provide COUNTY a check to COUNTY for $69,000 to cover the estimated costs of the CITY WORK. $69,000 is the estimated cost for preliminary engineering, , design, construction, construction engineering, and any other costs as a result of this project. B. COUNTY shall invoice CITY for approved change orders affecting the CITY WORK within 30 days of incurring those costs. Payment owed to COUNTY shall be made by CITY no later than 45 calendar days after the actual billing by COUNTY. C. Within one (1) week following the bid opening for any portion of the project including CITY WORK, the COUNTY shall furnish the CITY with the bid results. If the CITY determines the lowest responsible bid to be excessive, 3 D. CITY acknowledges that entry into the construction area carries with it a certain risk and agrees to release COUNTY, its governing body, officers, agents, and employees from any liability for death of, or injury to, CITY's representatives while present in the construction area, except for liability resulting from the sole negligence or sole willful misconduct of COUNTY. E. Nothing in this Agreement is intended or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. 5. Acceptance. Upon completion of the CITY WORK, COUNTY and CITY shall conduct a joint final inspection. After COUNTY and CITY have determined that the work performed has been completed to COUNTY's and CITY's satisfaction, COUNTY shall accept the PROJECT and the CITY WORK as complete. CITY shall not unreasonably withhold or delay its approval of the CITY WORK. 6. Maintenance. A. After COUNTY accepts the PROJECT and the CITY WORK, COUNTY shall own the portion of the PROJECT located in Contra Costa County, shall assume total responsibility for that portion, and shall defend, indemnify, save and hold harmless CITY, its governing body, officers, agents, and employees against all claims, liability, and litigation arising after acceptance and relating to the PROJECT, whether 5 complete: (1) COUNTY accepts the PROJECT and the CITY WORK as complete, (2) the report of final costs is delivered to all parties; and (3) payment of all funds from CITY to COUNTY is completed. Notwithstanding expiration or termination of this Agreement, the obligations contained in Section 6.A and B above shall survive expiration or termination of this Agreement. 11. Entire Agreement. .This Agreement contains the entire understanding of the parties relating to the subject matter of this Agreement. Any representation or promise of the parties relating to the work shall not be enforceable unless itis contained in this Agreement or in a subsequent written modification of this Agreement executed by the legislative bodies of both parties. 12. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement will not become effective until counterparts have been executed by all parties. Faxed signatures on this Agreement or any notice, consent, or amendment required under this Agreement are binding. CONTRA C S OUNTY CITY OF RICHMOND By By Mary Piepho, Chair, Board of Gayle McLaughlin, Mayor upervisors e � ATTEST: /4p / a,�o,� ATTEST: John Cullen Diane Holmes Clerk of the Board of Supervisors and City Clerk County Administrator i i By ei By eputy ClerlY Deputy Clerk I I RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL: Maurice M. Shiu Richard Davidson Public Works Director City Engineer - By ,��.� . By I i FORM APPROVED: FORM APPROVED: Silvano B. Marchesi John Eastman County Counsel City Attorney By By Deputy Deputy JC:jc 9 each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement will not become effective until counterparts have been executed by all parties. Faxed signatures on this Agreement or any notice, consent, or amendment required under this Agreement are binding._ CONTRA COSTA COUNTY CITY OF RICHMOND f By I By Chair, Boar of Supervisors , Mayor ATTEST: ATTEST: John Cullen Diane Holmes Clerk of the Board of Supervisors and City Clerk County Administrator By ! By Deputy Clerk Deputy Clerk I I! RECOMMENDED FOR APPROVAL. RECOMMENDED FOR APPROVAL. Maurice M. Shiu j Richard Davidson Public Works Director City Engineer By i By �v \ FORM APPROVED: FORM APPROVED: Silvano B. Marchesi John Eastman County Counsel City Attorney By By Deputy JQjc G:\TransEng\Projects\San Pablo Dam Road Rehabilitation\JEPA City of Richmond 07 Jan.doc September,2005 9 Exhibit A • • . - I Planning Cost Estimate Contra Costa County Department of Public Works ❑Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Q Click here if this project is a surface treatment or overlay project. Project Name: San Pablo Dam Road Rehabilitation Project-Wearing Course Option City Portion Project Location: Along San Pablo Dam Road Between El Portal Drive and Tri Lane Project Length: 1.7,360 3,972 SY or 3% Date of Estimate: Dec. 12,2006 Revision No. Revision Date Prepared by: J. Chen No. Description Quantity Units Unit Cost Total 1 Traffic Control 1 LS $ 1,200.00 $ 1,200 2 Construction Area Signs 1 LS $ 150.00 $ 150 3 Bonded Wearing Course 3,972 SY $ 9.50 $ 37,734 4 Pavement Marking Removal 44 SF $ 8.00 $ 353 5. Thermoplastic Striping,Detail 9 980 LF _ $ 2.00 $ 1,960 6 Thermoplastic Striping,Detail 22 442 LF $ 1.50 $ 663 7 Thermoplastic Striping, Detail 32 79 LF $ 2.00 $ 157 8 Thermoplastic Striping, Detail 38A 81 LF $ 1.00 $ 81 9 Thermoplastic Striping,Detail 39 1,042 LF $ 1.00 $ 1,042 10 Thermoplastic Striping- 12"White 63 LF $ 2.50 $ 158 11 Pavement Markings 44 SF $ 10.00 $ 441 12 New/reconstruct curb ramps 2 EA $ 3,000.00 $ 6,000 13 Install detectable surface to existing curb ramps 45 SF $ 50.00 $ 2,250 14 Edge grinding;taper key cut 579 SY $ 2.00 $ 11157 15 $ - $ - 16 $ - $ - 17 $ - $ - 18 $ - $ - OTHER COSTS: Preliminary Engineering $6,000 SUBTOTAL $ 53,345 Construction Engineering $3,000 OTHER COSTS $9,450 RW Engineering SUBTOTAL $62,795 Real Property CONTINGENCY* $5,635 R/W Acquisition TOTAL $68,430 Mobilization Utility Coordination $300 Environmental $150 Total OTHER COSTS $9,450 ➢ 1 1 1 1 I * CONTINGENCY is 10%of(SUBTOTAL plus Construction Engineering)