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Home My WebLink About081-85RESOLUTION NO. 81-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE APPROVAL OF A JOINT EXERCISE OF · POWERS AGREEMENT WITH CONTRA COSTA COUNTY The City Engineer having reported that nine trail gates and ~miscellaneous fencing is recommended for the intersection of .~:: various City streets and the southern Pacific Railroad "right-of-way bike/pedestrian pathway and that in order to ~achieve:i~project cost savings it is being combined with a County .~. project,and a Joint Exercise of Powers Agreement has been :: presented to the Council. NOWt THEREFORE BE IT RESOLVED that the Agreement is Approved and the Mayor is authorized to execute the Agreement on behalf of the Council. · .,, · PASSED, APPROVED AND ADOPTED on this 7thday of October , 1985 by the following vote: AYES: Lane, May, McNeely~ 0ffenhartz, Schlendorf NOES: None ABSTAIN: None· ABSENT: None v Mayor ATTEST: . ~. C'~ty Clerk 542 San Ramon Valley Blvd. * Danville, CA · 94526 * (415) 820-6337 JOINT EXERCISE OF POWERS AGREEMENT PROJECT NO. 0662-6R4314-85 1. PARTIES: Effective on October 15, 1985, the COUNTY OF CONTP~ COSTA, a political subdivision of the State of Cali forria, hereinafter referred to as COUNTY, and the CITY OF DANVILLE, a munic:pal corporation within the COUNTY OF CONTPJ~ COSTA, hereinafter referred to as CITY, pursuant to Govern- ment Code, Section 6500 et seq., mutually agree and promise as follows: 2. PURPOSE. The COUNTY and CITY propose to construct Pedestrian/Bicycle Trail Gates on the SPRR right of way now owned by COUNTY and within the city limits of CITY. 3. ADMINISTRATION RESPONSIBILITY. (a) The CCUNTY has awarded a contract for construction. The work described in this Agreement shall be added to the contract by Change Order at agreed prices. COUNTY and CITY shall each perform all construction engineering within its own jurisdiction. Contract administration, both inside and outside the CITY, shall be performed by COUNTY. (b) The contractor shall be required to: (1) name the CITY as an additional insured on any required insurance certificates and (2) hold harmless and indemnify the CITY from liabilities in the same manner as he must provide such for the COUNTY. 4. FINANCIAL RESPONSIBILITY. The CITY agrees to pay to COUNTY the full cost of all facilities constructed within the CITY as shown on the CITY- prepared plans including any changes to the plans as requested by CITY. In the event that any delay arising from constraction or inspection of the work described in this Agreement within the CITY limits results in additional expense to the COUNTY, the CITY shall reimburse the COUNTY for such additional expense. The COUNTY agrees to pay all other costs of the project. 5. DEPOSIT AND ADJUSTMENT. Prior to execution of the change order described in section 3 (a) above and prior to executioq of this Agreement by the COUNTY, the CITY shall deposit with the COUNTY ~he sum of $31,870.00 as the CITY'S share of the estimated cost of the project. The COUNTY shall determine the final costs of the project within 60 calerdar days after the date of project acceptance by both the COUNTY and the CITY. The CITY shall either be reimbursed for any excess sum owing it from its deposit, or the CITY shall pay to the COUNTY any additional sum th(t may be due and owing the COUNTY over and above such deposit within 90 calendar days after the date of project acceptance by both the COUNTY and the CITY. There shall be no revision of cost to the CITY or the COUNTY dte to a change in the CITY boundary after the date of award of contract. 5. HOLD HARMLESS. The CITY shall defend, indemnify, save and hold harmless the COUNTY, its officers, agents and employees against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death, however the same may be caused, arising directly or indirectly from, or in any way connected with, work or services performed under this Agreement within the CITY'S boundaries, including work performed by the contractor and any sub contractors, except for liability arising through the sole neg!igpnn~ o~ ~ill(~u! mi~cnndt~ct of the r~)~, i%s cfficers~ ......... agents or employees, and shall make good to and reimburse the COUNTY for any expenditures, including reasonable attorney's fees, the COUNTY may make by reason of such matters. The COUNTY shall defend, indemnify, save and hold harmless the CITY, its officers, agents and employees against any and all claims, demands suits, costs, expenses and liability for any damages, injury, sickness or death, however the same may be caused arising directly or indirectly from, or in any way connected with, work or services performed under this Agreement within the unincorporated area of the COUNTY, including work performed by the contractor and any sub contractors, except for liability arising through the sole negligence or willful misconduct of the CITY, its officers, agents or employees, and shall make good to and reimburse the city for any expendi- tures, including reasonable attorney's fees, the CITY may make by reason of such matters. JOINT EXERCISES OF POWERS AGREEMENT PROJECT NO. 0662-6R4314-85 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 the standard of care imposed by law. 7. MAINTENANCE RESPONSIBILITY. COUNTY shall authorize final acceptance of the contract work as complete, after CITY has authorized final acceptance of the work within the CITY limits, at which time the COUNTY and the CITY shall within their respective limits, immediately accept complete maintenance responsibility for the facilities and all apptrtenances so constructed as described herein. 8. ACCOUNTABILITY. As required by Government Code Section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the construction project and shall report all receipts and disbursements relating to the project. 9. TERM OF AGREEMENT. Except for the provisions of Paragraph 6 and 7, which shall survive the termination of the agreement, this Agreement shall terminate upon acceptance of the construction as complete by the Board of Supervisors and the payment of all sums required herein by the parties from one to the other, or five years from the effective date herein, whichever comes first. 10. MODIFICATION OF AGREEMENT. This Agreement may be modified at any time by mutual consent of both parties. Any such modification shall be in writing and executed by both parties. COUNTY OF CONTIU~ COSTA CITY OF DANVILLE By Chairwoman, Board of Supervisor~ ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Deputy RECOI41ENDED FOR RPPROVRL: J. Michael Walford, Public Works Director By Mayor ATTEST: City Clerk By RECO/~IEFDED FOR APPROVRL: Michael P. Davis City Marager By FORM RPPROVED: V. J. Westman, County Counsel By FORM APPROVED: By Deputy By City Atcorney JEOPA.O6626R431485.T9