HomeMy WebLinkAboutMINUTES - 09091997 - C1 C1. i
BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: September 9, 1997
SUBJECT: Approve Joint Exercise of Powers Agreement for the reconstruction of L Street, in the
Antioch area.
Project No.: 0662-6R4019
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Joint Exercise of Powers Agreement for the reconstruction of L Street and
AUTHORIZE the Chairperson to sign the Agreement, in the Antioch area.
II. Financial Impact:
This project will have no impact on the General Fund. The Estimated project cost is $976,639,
Funded by the City of Antioch, Measure C Return to Source Funds, Road Funds, and Surface
Transportation Projects Funds.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON 9-9 - 199 7 APPROVED AS RECOMMENDED_OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
AS:as:eh 11 hereby certify that this is a true and correct spy d}
g:\transeng\bobr97te\Lstreet.wpd as action taken and entered on the minutes 741
BQa►d of Supe isors on the dato shown-
Orig. Div.: Public Works(TE) AVESTED. 9 91
Contact: Al Schaal, 313-2234 OfHiSupervlsorsandcounttyyAdministraw
c: Auditor-Controller ,
PW Accounting
D"
Joiht Exercise of Powers Agreement for the reconstruction of L Street.
September 9, 1997
Page 2
III. Reasons for Recommendations and Background:
The County is constructing a project consisting of reconstruction of that portion of L Street not
within the City of Antioch and the construction of a traffic signal at the L Street/West 18th Street
intersection. The City is proposing to reconstruct L Street from the City Limit to West 10th Street
and the construction of a storm drain in L Street. To avoid the extra expense and disruption that
the construction of separate projects would create, the parties desire that the projects be
constructed as one project. The purpose of the Agreement is to provide for joint construction to
the two projects.
L Street is an existing street in the Antioch area that extends from State Route 4 north to the
water front. Approximately 2000 feet of L Street adjacent to the Contra Costa County Fair
Grounds is not in the City of Antioch.
Antioch has agreed to annex the County's portion of L Street after it has been reconstructed.
IV. Consequences of Negative Action:
Delay in approving the Agreement will result in a delay in the construction of the project and may
jeopardize funding.
r
t ,
Office of the County Administrator
Contra Costa County
Affirmative Action Office
651 Pine Street, Martinez, CA 94,553
(510) 335-1006 fax: (510) 646-1353
Memorandum
Date: August 1, 1997
To: Board of Supervisors
From: Emma Kuevor
Contract Compliance Officer
Subject : 'Ll Street Reconstruction Project
The three lowest bidders were reviewed for the 'Ll Street
Reconstruction project . The lowest bidder, Joe Carone, Inc. ,
exceeded the 20% DBE goal . Joe Carone, Inc. attained 20 . 80
Disadvantaged Business Enterprise (DBE) participation.
My recommendation is to award to the lowest bidder, Joe Carone,
Inc.
CC: Public Works Department
a:bdlstcarone
CONTRA COSTA COUNTY
BID REVIEW
SUM KARY SHEET
Date: August 26, 1997
Project
Name: 'L' Street Reconstruction
Project
Number: 0662-6R4019
Bidder ' .
.Name: . Joe Carone, Inc.
2294 Vista Del Rio
Crockett, CA 94525
(510) 787-7283
(510) 787-3216 fax
Bill Downing
Bid Due
Date.:, August 19, 1997
Bid Amount : $603 , 088 .30
Planned County Project Goal : DBE 20%
Amount Percentage
Bidder' s Participation DBE $122, 292 20 .280
DBE .Participation:
Type of
Company MBE/WBE Business Amount Percentage
Cutler Trucking WBE Trucking $50,082 8.3%
Striping Express MBE-Black Striping $10, 000 1.66
Nor Cal Concrete MBE AsianInd Concrete $24,190 4 .01%
Statewide Safety WBE Signs $ 2, 000 .33%
Rose Supply NatAmer/WBE Supply $24, 000 3 .98%
Aamigo Co. _ WBE R.C.P. $12, 0,20 -2 .0%
Approved by:
Emma Kuevor
Contract Compliance Officer
a:Lstjcarone
t1
JOINT EXERCISE OF POWERS AGREEMENT
PROJECT NO. 0662-6R4019
1. Parties: Effective on, July 1; 1997, the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter referred to as the "COUNTY," and
the CITY OF ANTIOCH, a municipal corporation, hereinafter referred to as the
"CITY," pursuant to Government Code Section 6500 and following, mutually agree
and promise as follows:
2. Purpose and Scope of Work: The COUNTY is constructing a project consisting of
the reconstruction of that portion of "L" Street that is not within the City, and
construction of a traffic signal at the "L" Street/West le Street intersection
(hereinafter referred to as the County's project). The CITY is proposing to include
in the COUNTY's project, the reconstruction of that portion of"L" Street from the city
limits north to West 10"' Street, and the construction of a storm drain in "L" Street
(hereinafter referred to as the CITY's project). To avoid the extra expense and
disruption that separate construction of these projects would entail, the parties
desire that the CITY's project be constructed as a part of the COUNTY's project.
The purpose of this Agreement is to provide for joint construction of the two projects
and the appointment of project duties and costs between the COUNTY and the
CITY.
3. Method:
a. The COUNTY shall perform the following activities:
i. Prepare plans and specifications for the street reconstruction and the
traffic signal.
ii. Incorporate the CITY's storm drain plans and specifications into the
COUNTY's plans and specifications.
iii. Advertise the joint project for public bid and award a contract for
project construction. After opening bids for construction of the
project, the COUNTY may award the contract if the bids show that the
costs should be less than 120% of the estimate. If it is determined
that the costs will likely exceed 120% of the estimate, the COUNTY
.and the CITY shall endeavor to agree upon an alternative course of
action. If after thirty (30) days, an alternative course is not agreed
upon, this Agreement shall be deemed to be terminated by mutual
consent pursuant to Section 12, "Agreement Termination," of this
Agreement.
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iv. Perform all preliminary and construction engineering, surveys,
materials testing, contract administration, and inspection of the
project work. The COUNTY shall provide a resident engineer to
oversee both the CITY's project and the COUNTY's project. The
CITY's representative(s) shall have no direct contact with the
contractor but shall make all comments and recommendations to the
COUNTY's resident engineer.
V. Accept the project work but not until the CITY has determined that the
CITY's project has been completed to CITY's satisfaction.
vi. Prepare and submit to the CITY a report of project expenditures.
b. The CITY shall perform the following activities:
i. Prepare plans and specifications for the "L" Street storm drain, and
provide the COUNTY with a reproducible copy.
ii. Review and approve COUNTY-prepared bid documents before
project advertisement.
iii. Provide the COUNTY and its contractor at no cost to the COUNTY or
the contractor with an encroachment permit to perform the project
work.
iv. Perform the final inspection of the CITY's project. The CITY shall not
unreasonably withhold or delay its determination of project
completion.
V. Consult with the COUNTY, as necessary, to enable the joint project
to be properly completed.
4. Financial Responsibility: The CITY shall pay all costs of constructing the CITY's
project, one half the cost of. the traffic signal at the "L° Street/West 18"' Street
intersection, all costs of any changes or extra work requested by the CITY, and a
proportional share of the cost of the preliminary and construction engineering
performed by the COUNTY. A preliminary cost estimate of the construction is set
forth in Exhibit "A" which is attached thereto and incorporated therein. However,
in lieu of constructing a curb along the west side of the street and an asphalt
concrete path in front of the Antioch High School, the COUNTY shall credit the
CITY with $36,671. The COUNTY shall pay for all costs of constructing the
COUNTY's project, including all costs of any changes or extra work requested by
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the COUNTY.
5. Deposit and Adjustment:
a. Within thirty (30) days from the date of this Agreement, the CITY shall
deposit$247,000 with the COUNTY, which represents the estimated cost of
the CITY's project as set forth in Exhibit"A." Should the CITY fail to`,make
its deposit on time, the CITY's project shall be deleted from the joint project,
and, promptly upon demand, the CITY shall compensate the COUNTY for
preliminary engineering as specified in Exhibit "A" and any other related
COUNTY expenses accrued as of that date. .
b. There shall be no revision of the scope of the CITY's project or the
COUNTY's project due to changes in the parties' boundaries occurring after
the date of the execution of this Agreement.
C. Within ninety (90) days of the last contract payment of the joint project, the
COUNTY shall deliver a report of project expenditures to the CITY with a bill
for the additional amount owed to the COUNTY if the costs of the CITY's
project exceed the deposit paid. Payment for the amount owed to the
COUNTY, if any, shall be made no later than forty-five (45) days after the
date of billing by the COUNTY. If the costs of the CITY's project are less
than the deposit paid, the excess shall be refunded to the CITY within ninety
(90) days of the last contract payment of the joint project.
6. Insurance and Hold Harmless:
a. The contract documents for the joint project shall include provisions requiring
the contractor to provide insurance and indemnification naming the CITY,
and its officers and employees to the same extent as provided to the
COUNTY.
b. Neither the COUNTY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring because of anything done
or omitted to be done by the CITY in connection with any work delegated to
the CITY under this Agreement, and, to the extent not covered by the above-
described insurance or indemnification, the CITY shall defend, indemnify,
save, and hold harmless the COUNTY, and its officers and employees
against the same except as provided otherwise in Section 7(b).
C. Neither the CITY, nor any officer or employee thereof, shall be responsible
for any damage or liability occurring because of anything done or omitted to
be done by the COUNTY in connection with any work delegated to the
3
COUNTY under this Agreement, and, to the extent not covered by the
above-described insurance or indemnification, the COUNTY shall defend,
indemnify, save, and hold harmless the CITY, and its officers and employees
against the same.
d. The CITY acknowledges that entry into the construction area carries a
certain risk and agrees to release the COUNTY, and its officers and
employees from any liability for death of, or injury to, the CITY's
representative(s) while present in the construction area, except for liability
resulting from the sole negligence or sole wilful misconduct of the COUNTY.
e. 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 that
normally imposed by law.
7. Acceptance and Maintenance:
a. Upon completion of the joint project, the COUNTY and the CITY shall
conduct the final inspection. After the CITY has notified the COUNTY in
writing that the CITY's project has been completed to CITY's satisfaction, the
COUNTY shall accept the joint project as complete for itself and for the
CITY. The COUNTY shall not accept the project until the CITY has
determined that the CITY's project has been completed to the CITY's
satisfaction.
b. Upon acceptance of the joint project, the CITY shall own and be responsible
for maintaining the CITY's project and, notwithstanding the provisions of
Section 6(b) and 6(c) shall defend, indemnify, save, and hold harmless the
COUNTY, and its officers and employees against all claims, demands,``suits,
costs, expenses, and liability for any damages, injury, sickness, or death
occurring after acceptance and relating to the design, construction', use,
operation, or maintenance of the CITY's project.
8. 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 drafted.
9. 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.
10. Accountability: As required by Government Code Section 6505, both parties to this
4
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Agreement shall provide strict accountability of all funds received for the joint
project.
11. Annexation: Within thirty (30) days from the acceptance of the joint project, the
CITY shall apply for annexation of that portion of the "L" Street right-of-way not
presently within the CITY. The CITY shall provide timely responses to all Local
Agency Formation Commission requests.
12. Agreement Termination: Unless terminated earlier through the mutual, written
consent of the parties, or as described in Section 3(a)iii, this Agreement shall
terminate upon the final payment described in Section 5(c) above. Notwithstanding
termination of this Agreement, the provisions of Section 7(b) and Section 11 shall
survive such termination.
13.; Entire Agreement: This Agreement contains the entire understanding of the parties
relating to the subject matter of this Agreement. Any representation of promise of
the parties relating to the work shall not be enforceable unless it is contained in this
Agreement or in a subsequent written modification of this Agreement executed by
both parties.
COUNTY OF CONTRA COSTA CITY OF ANTIOCH
Mary Rocha, Mayor
By: ti� By: .� —
Chairperson, Board of Mayor
Supervisors
ATTEST: ATTEST:
Phil Batchelor, Clerk of the Board Florence V. Rundall, City Clerk
of Supervisors and County
Administrator
By: By:
DeputO City Clerk
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RECOMMENDED FOR APPROVAL: FORM APPROVED:
J. Michael Walford, William R. Galstan, City Attorney,
Public Works Director
Public Works Director City Attorney
FORM APPROVED:
Victor J. Westman, County Counsel
By: 5
Depu
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