HomeMy WebLinkAboutMINUTES - 12032002 - C141 File: 135-0302/B.4.1
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA Gr /
Adopted this Order of December 3,2002, by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Approve Plans and Specifications and
Memorandum of Understanding
For Remodel of a New Courtroom at
100-37th Street, Richmond for the Superior Court
(CP#02-77)
Budget Line Item No.,4403-4499
Authorization No. 0928-WH499B
WHEREAS plans and specifications for Remodel of a New Courtroom at
100-37th Street, Richmond, have been filed with the Board this day by the Director of
General Services; and
WHEREAS plans and specifications were prepared by Daniel Rainey,Architect;and
WHEREAS the cost estimate for the initial construction contract is $503,220.00 and
WHEREAS the Board has obtained the general prevailing rates of wages, which shall be
the minimum rates paid on this project; and
WHEREAS the Board hereby DETERMINES that the project is a California
Environmental Quality Act (CEQA) Class la Categorical Exemption; DIRECTS the Director of
Community Development to file a Notice of Exemption with the County Clerk; and DIRECTS
the Director of General Services to arrange for payment of the $25.00 handling fee to the County
Clerk for filing the Notice of Exemption and a$25.00 handling fee to Community Development
for administration processing costs;and
WHEREAS the County Department of General Services and the Superior Court of
California, Contra Costa County have developed. a Memorandum of Understanding, which sets
forth the project management services related to the project, including funding responsibilities of
the Superior Court to pay all costs associated with the project.
IT IS BY THE BOARD ORDERED that said plans and specifications are hereby
APPROVED. Bids for this work will be received on January 23, 2003 at 2:00 p.m., and the
Clerk of this Board is directed to publish a Notice to Contractors in accordance with Section
22037 of the Public Contract Code, inviting bids for said work, said Notice to be published in
WF.U. rnttrrry TTME". The Director of General Services is
directed to mail notices to the construction trade journals specified in Section 22036 of the
Public Contract Code at least 30 days before the date of opening the bids.
IT IS FURTHER ORDERED that the attached Memorandum of Understanding is
APPROVED, and that the County Administrator, or designee, is AUTHORIZED to execute the
Memorandum of Understanding and the Director of General Services, or designee, is
AUTHORIZED to issue bid Addenda, as needed, for clarification of the contract bid
documents, provided the involved changes do not significantly increase the cost estimate for the
initial construction contract.
Orig. Dept.: General Services Dept. -Architectural Division
cc: General Services Department i hereby certify that this is a true and correct
Architectural Division copy of an action taken and entered on the
Accounting minutes of the Board of Supervisors on the
File: 135-0302/A.5 date shown.
Auditor-Controller ATTESTED: DECEMBER 03. 200
Community Development JOHN R. SWEETEN, Clerk of the Board
K. Piona of Supervisors linty Administrator
Superior Court(via A/D) By Deputy
Daniel Rainey, Architect (via AID)
MEMORANDUM OF UNDERSTANDING
BETWEEN CONTRA COSTA COUNTY AND THE CONTRA COSTA COUNTY
SUPERIOR COURT
FOR THE RICHMOND COURTROOM REMODEL PROJECT
This MEMORANDUM OF UNDERSTANDING("MOU"), dated as of the_day of
, 2002, is entered into by and between the COUNTY OF CONTRA COSTA, a
political subdivision of the State of California, hereinafter referred to as "COUNTY" and the
CONTRA COSTA COUNTY SUPERIOR COURT, a trial court in the State of California,
hereinafter referred to as"COURT."
RECITALS
A. COUNTY is the owner of that certain real property and improvements located at 100-37`x'
Street in the City of Richmond(hereinafter the"Property") in which various COURT
cow-trooms and related COURT offices are located.
B. COURT would like to have a portion of the Property remodeled to add a new courtroom
(the"PROJECT").
C. COURT has received a grant of funds (hereinafter the"Project Funds") for the PROJECT
in the amount of$749,000.
D. COUNTY and COURT have met and discussed the proposed PROJECT and have agreed
that COUNTY will provide certain capital project management services (hereinafter the
"Project Services") for the PROJECT.
AGREEMENT
1. EMose. The purpose of this MOU is to set forth the parties' understanding of the roles
and responsibilities of the parties involved in the PROJECT.
2. Approval of MOU. This MOU is subject to approval by the governing bodies of
COUNTY and COURT.
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;. Responsibilities of COUNTY. COUNTY will provide the following Project Services:
A. Review plans, drawings, specifications and project cost estimates prepared
by Daniel Rainey, the consulting architect for the PROJECT (hereinafter the
"Architect").
B. Advertise the construction contract, review bids and award the construction
contract consistent with COUNTY procedures and requirements, including
requirements of the COUNTY's Outreach and Small Business Enterprise
programs.
C. Provide PROJECT management support during the construction phase of
the PROJECT, including contract administration and inspection.
4. Responsibilities of COURT. COURT will have the following responsibilities:
A. COURT will be solely responsible for any and all costs associated with the
PROJECT, including all fees for consultant services associated with the
PROJECT. Estimated costs for the PROJECT are set forth in the project schedule
and budget attached hereto as Exhibit A and incorporated herein.
B. COURT will amend the contract for architectural services entered into between
COURT and the Architect to include COUNTY as an indemnitee under the
contract and an additional insured on all policies of insurance which Architect is
required to secure and maintain for the PROJECT, including Architect's
professional liability,public liability and workers' compensation insurance. All
consultants required for the PROJECT will be retained by COURT and/or the
Architect in consultation with COUNTY. Each consultant will be required to
defend, indemnify and hold harmless COUNTY and COURT, their governing
bodies, officers, agents and employees from liability arising from or in any way
related to the services provided by the consultant, and to secure and maintain in
full force and effect during construction of the PROJECT professional liability,
public liability and workers' compensation insurance in forms and limits of
liability satisfactory to COUNTY and COURT, naming COUNTY and COURT,
their governing bodies, officers, agents and employees as additional insureds.
C. Upon approval of the plans and specifications for the PROJECT by
COUNTY's Board of Supervisors, COURT will transfer the balance of the Project
Funds remaining after payment of Architect's fees into COUNTY's Capital
Project Budget.
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D. COUNTY will utilize the Project Funds to pay all costs associated with
the PROJECT. If the PROJECT costs exceed the available Project Funds,
COURT will provide additional non-COUNTY funding or redesign the
PROJECT. COUNTY will not have any financial responsibility for any costs
associated with the PROJECT. Upon completion of the PROJECT, COUNTY
will transfer any remaining Project Funds to COURT.
5. Contractor Insurance, Indemnity, Warranty and Bonds. The contract documents for the
PROJECT will include provisions requiring the successful bidder to provide insurance,
indemnity and warranties in the amounts and manner set forth below.
A. Insurance. Contractor will be required to secure and maintain in full force and
effect during construction of the PROJECT worker's compensation and public
liability insurance in forms and limits of liability satisfactory to COUNTY and
COURT, naming COUNTY and COURT, their governing bodies, officers, agents
and employees as additional insureds.
B. Indemnity. Contractor will be required to defend, indemnify and hold harmless
COUNTY and COURT, their governing bodies, officers, agents and employees
from liability arising from or in any way related to the PROJECT.
C. Warr44ty In addition to all warranties existing at law, Contractor will be required
to provide an express warranty for the benefit of COUNTY and COURT
containing, at a minimum, Contractor's guarantee that the work has been
performed in accordance with the plans and specifications, and Contractor's
agreement to repair or replace all work that fails to conform to the plans and
specifications or proves to be defective in workmanship or materials during the
stated time period.
D. Bonds. Contractor will be required to present two good and sufficient surety
bonds, for payment and performance, each in an amount equal to 100%of the
contract price, issued by a surety admitted in the State of California in a form
satisfactory to COUNTY and COURT,naming both COUNTY and COURT as
obligees on the bonds.
The aforementioned insurance policies shall contain a provision that the insurance
afforded thereby 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.
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6. Maintenance of PROJECT Improvements. The parties agree that the completed
PROJECT improvements will not fall within COUNT'Y''s existing maintenance
obligation with respect to the Property. The parties have not yet determined whether
maintenance of the PROJECT improvements will fall within the COLT TY's existing
maintenance obligation with respect to other COURT facilities throughout the County.
Upon completion of the PROJECT, the parties will enter into a maintenance agreement
regarding janitorial services, repairs, replacements and other maintenance services, if any,
applicable to the PROJECT improvements.
7. Accountability. COUNTY will be strictly accountable for all Project Funds and will
report to COURT all receipts and disbursements for the PROJECT.
8. Counterparts. The parties hereto recognize and agree that separate counterpart signature
pages may be used but that all such pages constitute one and the same MOU.
9. Further Assurances. Whenever requested to do so by the other party, each party will
execute, acknowledge and deliver all further conveyances, assignments, confirmations,
satisfactions, releases, powers of attorney, instruments of further assurance, approvals,
consents and all further instruments and documents as may be necessary, expedient, or
proper in order to complete all conveyances, transfers, sales, and assignments under this
MOU, and do all other acts and to execute, acknowledge, and deliver all documents as
requested in order to carry out the intent and purpose of this MOU.
14. Waiver. A waiver of any covenant or provision in this MOU will not be deemed a
waiver of any other covenant or provision in this MOU, and no waiver will be valid
unless in writing and executed by the waiving party.
11. No Third Party Beneficiaries. This MOU is intended solely for the benefit of the parties
hereto, and no third party will have any right or interest in any provision of this MOU or
as a result of any action or inaction of any party in connection therewith.
12. Severability. If any term or provision of this MOU is,to any extent, held invalid or
unenforceable, the remainder of this MOU will not be affected.
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13. Governinig Law and Venue. This MOU will be governed and construed in accordance
with California law. The venue of any litigation pertaining to this MOU will be Contra
Costa County, California.
CON COSTA C UItiITY CONTRA COSTA COUNTY
'� SUP
CO
By - ,hL By
Ccs Administrator Iden orre
Executive Officer
RECONB4ENDED FOR.APPROVAL:
Barton.J. Gilbert,
Gen al Servi es Director
By
APPROVED AS TO FORM:
Silvano B. Marchesi
County Counsel
By c-
Deputy
FMeW property mwemal chmond Caatwm RemoM MOU for Rid=md Cauiroom Remodel P"ect.wpd
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EXHIBIT A - 2
File No.: 135-0302/B.4.1
ESTIMATED PROJECT SCHEDULE
REMODEL OF A NEW COURTROOM AT
10037 .. STREET,RICHMOND
FOR.THE SUPERIOR COURT
December 3, 2002 Board Approve Plans & Specifications
December 5, 2002 Issue Plans & Specifications
December 18, 2002 Prebid Conference
January 7, 2003 Bid Tour#1
January 14, 2003 Bid Tour#2
January 16, 2003 Issue Addendum
January 23,2003 Bid Opening
January 29, 2003 Outreach Submittal
February 11, 2003 Complete Outreach Review
February 25,2003 Board Approve Contract
EXHIBIT A- 3
H A2003\135 03 02\03I0020I 2o.doc
PROOF OF PUBLICATION
(2015.5 C.C.P.) j� `` c mra``ns ad
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STATE OF CALIFORNIA ( �' oflkser 1220 ve>
County of Contra Costa �q ; 1� a"rd'
I am a citizen of the United States and a resident of the : tlwsaWp sdo711.
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County aforesaid; I am over the age of eighteen years, and i cs)aI ad ro
not a party to or interested In the above-entitled matter. ¢fid®
PM-
I am the Principal Legal Clerk of the West County Times, a
newspaper of general circulation, printed and published at
2640 Shadelands Drive in the City of Walnut Creek, County ; C
of Contra Costa,94598. (t Vim`
glut! wfsbti, .
And which newspaper has been adjudged a newspaper of i"t b0and , oma``
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of August
29, 1978. Case Number 188884. . to
MY
The notice, of which the annexed Is a printed copy (set in I tD 010
type not smaller than nonparel?,has been published In each nt p 1 ag°-
regular and entire Issue of said newspaper and not In any to�, n a 110
supplement thereof on the following dates,to-wit: - I , 11+.
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