HomeMy WebLinkAboutMINUTES - 02262008 - C.4 TO: BOARD OF SUPERVISORS ��'_=��, '`�_==�'°;. ` Contra
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
DATE: February 26, 2008 1 ��s•.em, �ox- County
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SUBJECT: Joint Exercise of Powers Agreement with West County Wastewater District, in the El Sobrante Area,
(100 % West County Wastewater District funds), (District I)
Project No.: 0662-6R4148-08
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the West County
Wastewater District (WCWD) effective January 2, 2008 through completion of project in the amount of$66,300
to fund the adjustment of sewer manholes on the San Pablo Dam Road Rehabilitation project, in the El Sobrante
area.
AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Exercise of Powers Agreement.
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CONTINUED ON ATTACHMENT: ❑D SIG
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF 13 ARD COMMITTEE
APPROVE OTHER
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SIC'SATURE(S):
ACTION OF BO D N �i/ Zl� /� APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS: I I-IF.REBY CERTIFY THAI'"PHIS 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:'Brian Yip,Design 313-2178
G:\Design\BOARD ORDERS\20081San Pablo Dam Rd Rehab JI.�1'A BO 2-12-08.doc ATTESTED
JOHN COLLEN,CLERK OF THI:BOARD 01;
SUPERVISORS
cc: Public Works,Design
P.Denison,Acct
E.Kucvor,CAO
Auditor-Controller BY: DEPUTY
M.Wara,Admin.
SUBJECT: Joint Exercise of Powers Agreement with West County Wastewater District, in the El Sobrante
Area, (100 % West County Wastewater District funds), (District I)
Project No.: 0662-6R4148-08
DATE: February 26, 2008
PAGE: 2 of 2
FISCAL IMPACT:
There will be no impact to the General Fund. The estimated cost to adjust sewer manholes for the WCWD is
$66,300. All costs associated with this work will be paid for by WCWD.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Public Works Department will overlay San Pablo Dam Road from El Portal Drive to Tri Lane within the
WCWD service area. There are 129 WCWD sanitary sewer manhole covers and 3 rodding inlets that must be
adjusted to final grade after the overlay. WCWD has requested that the Public Works Department include these
adjustments in our construction contract and has agreed to reimburse the Public Works Department for this work.
CONSEQUENCES OF NEGATIVE ACTION:
If the agreement is not approved,the implementation of the project may be delayed so that WCWD can secure their
own contractor to complete the adjustments.
Joint Exercise of Powers Agreement
For Funding .Manhole and Rodding Inlet Adjustments
San Pablo Dam Road Rehabilitation
(County Project Number— 0662-6R4148-08)
This AGREEMENT is entered into on this aub day of zJANrrPg_y 2008, by and between the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred
to as "COUNTY," and the WEST COUNTY WASTEWATER DISTRICT, a California special district,
hereinafter referred to as "DISTRICT."
The parties to this Agreement mutually agree and promise as follows:
1. Purpose and Scope_ of Work. COUNTY will overlay COUNTY roads and DISTRICT has
requested to have County's contractor adjust DISTRICT manhole and rodding inlet covers, as
shown on Exhibit B, attached hereto and incorporate herein by this reference, (WORK") as part of
the overlay project (hereinafter PROJECT). The roads on which DISTRICT facilities are located
are EI Portal Drive and San Pablo Dam Road (between EI Portal Drive to Tri Lane).
2. Responsibilities of DISTRICT and COUNTY.
A. DISTRICT shall be responsible for the following:
(1) Review contractor's bid amount and determine if DISTRICT wants contractor to
do the WORK or if District will do WORK with District forces. District to confirm
their decision in writing to the-COUNTY within 10 days after bid opening.
(2) Reimburse COUNTY for all PROJECT related costs associated with the WORK.
(3) Participate in final inspection and recommend to COUNTY acceptance. of. the
WORK.
B. COUNTY shall be responsible for the following:
(1) Act as lead agency.
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(2) Perform design engineering for;the PROJECT.
(3) Prepare contract plans and specifications for the PROJECT including a separate
bid item for the work.
(4) Advertise and award the contract for the PROJECT.
(5) Perform construction engineering, contract administration, and inspection of the
PROJECT.
(6) Approve and accept the PROJECT when completed.
(7) Prepare and deliver to DISTRICT a report of final costs of the WORK and related
items of the PROJECT.
3. Financial Responsibility.
A. The DISTRICT's WORK shall be funded by DISTRICT, which shall pay actual contract
costs plus markups to cover design and construction management costs incurred by the
COUNTY for said WORK. The costs'shall include, but not be limited to, the amount of
the construction contract awarded by COUNTY for the WORK including a 22.5%
markup for the COUNTY's administrative and engineering costs. DISTRICT will pay
additional charges resulting from DISTRICT requested contract change orders,
resulting in additional costs to COUNTY for design engineering, preparation of contract
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documents, contract administration, ;construction engineering, inspection, overhead,
and other incidental costs. The estimated cost of the manhole adjustments is $
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66,300.00, as detailed in "Exhibit A," attached hereto and incorporated herein.
B. No later than 14 days after the advertising the PROJECT, DISTRICT shall deposit with
COUNTY 100% of the estimated cost required to complete the WORK portion of the
PROJECT, as shown in Exhibit A. If the bid price for the WORK, as shown in Exhibit A,
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is within 10% of the estimated cost for the manhole cover adjustments, higher or lower,
no adjustment in funds will be required until the PROJECT has been completed and
accepted by COUNTY. If the bid price for manhole cover adjustment work, as shown in
Exhibit A, is greater than 10% of the estimated cost for said WORK, within 14 days,
DISTRICT shall deposit with COUNTY 100% of the additional funds to bring the total
deposit up to the contract bid cost plus markups. Within 60 days of acceptance of the
PROJECT, DISTRICT shall be billed for any additional amount owed to COUNTY, if the
PROJECT costs exceed the deposit. Payment for the amount owed COUNTY, if any,
shall be made no later than 45 days after the date of billing by COUNTY. If the
PROJECT costs are less than the deposit paid, COUNTY shall refund the excess to
DISTRICT within 90 days of acceptance of the PROJECT.
C. If DISTRICT determines the bid costs to be excessive, DISTRICT may rescind this
agreement within 10 days of PROJECT bid opening by written notification. DISTRICT
shall then be responsible for the WORK in coordination with the contractor awarded the
PROJECT. DISTRICT shall still be obligated to pay COUNTY for the design
administration and other' costs associated with the elimination of the work from the
construction contract.
4. Change Orders. All contract change orders involving the WORK shall be approved i,n writing by
DISTRICT prior to execution by COUNTY. COUNTY shall perform any modifications to
the plans as a result of a change order. Any adjustments to the costs of the WORK as a
result of a change order shall be applied to the bid price for WORK as shown in Exhibit
A, and paid by, or reimbursed to, DISTRICT as outlined in section 3.13, above.
5. Insurance and Hold Harmless.
A. The contract documents for the PROJECT shall include provisions requiring the
successful bidder to:
(1) Secure and maintain in full force and effect during construction of the PROJECT
worker's compensation and public liability and property damage insurance in
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forms and limits of liability satisfactory to DISTRICT and COUNTY, naming
DISTRICT and COUNTY, their officers, agents, and employees as additional
insureds, and
(2) Promise to hold harmless and! indemnify DISTRICT from liability to the same
extent as promised to COUNTY.
i B. DISTRICT shall defend, indemnify, save, and hold harmless COUNTY, its officers,
iagents, 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 .by DISTRICT under this Agreement and shall make good to and
reimburse COUNTY for any expenditures, including reasonable attorney's fees,
i COUNTY may make by reason of such matters.
i C. COUNTY shall defend, indemnify, s{ave, and hold harmless DISTRICT, its officers,
j 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 by COUNTY under this Agreement and shall make good to and
reimburse DISTRICT for any expenditures, including reasonable attorney's fees,
i DISTRICT may make by reason of such matters.
D. 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.
6. Acceptance. Upon completion of the PROJECT, COUNTY and DISTRICT shall conduct a final
joint inspection. After DISTRICT has determined that the PROJECT work performed by
the contractor has been completed to DISTRICT'S satisfaction, COUNTY shall accept
the PROJECT as complete for itself and for DISTRICT. DISTRICT shall not
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unreasonably withhold or delay its determination of DISTRICT'S portion of the
PROJECT as satisfactory.
7. Maintenance. After the PROJECT is accepted by COUNTY, DISTRICT shall own and assume
total responsibility for maintenance of the manhole covers and rodding inlets and shall
defend, indemnify, save, a.nd hold harmless COUNTY, its officers, agents, and
employees, against all claims, suits, actions, or liability that arises relating to the design,
construction, use, operation, or maintenance of the manholes and rodding inlets.
8. 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 COUNTY.
9. Accountability. As required by Government Code 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 modification for the implementation and accomplishment of the
overall purpose for which this Agreement is made.
11 .Agreement Expiration: Except for sections 5.13, 5.C, and.7 above, this Agreement shall expire
upon completion of the report of final costs and the payment of funds between
DISTRICT and COUNTY.
12.Surplus Funds. After the completion of the purpose of this Agreement, any surplus money on
hand shall be returned in proportion to the contributions made by the parties hereto.
13.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
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subsequent written modification of this Agreement executed by the legislative bodies of
both parties.
COUNTY OF CONTRA COSTA WEST COUNTY WASTEWATER DISTRICT
By
By
President, Board of
Feral D. Glover, Chair Dikctors
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Board of Supervisors
ATTEST: j ATTEST:
John Cullen, Clerk of the Board of
Supervisors and County Administrator
. BY
I By !
4eryBoa,Fd of Directors
puty
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RECOMMENDED FOR APPROVAL.- FORM APPROVED:
Maurice M. Shiu
OPublic Works Director
By:
By District Counsel. .
Form Approved:
Silvano B. Marchesi
County Co s
By
pMy
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EXHIBIT A
Estimated Construction Costs West County Wastewater District
Manhole and Rodding Inlet Cover Adjustments
(Method C)
COUNTY PROJECT NO.: 0662-OR4148-08
Based on 2005 EI Sobrante Area Overlay and Reconstruction bid abstract, the average bid price for
adjusting sewer manhole and rodding inlet cover is $385 each. Assuming 3% increase per year for
the construction costs, the current rate for the same item of:work would become $410 each.
COUNTY.ROAD Estimated Number of Manholes Estimated
Number of
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Rodding Inlets
EI Portal Drive 1 0
San Pablo Dam Road 128 3
TOTALS 129 3
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Sewer Manhole Adjustments 129X $410 each (e:stima.ted) $52,890.00
Rodding Inlet Adjustments 3X $410 each (estimated) $1,230.00
Sub total $54,120.00
Design Administration (7.5% X TOTAL) $4,060.00
Construction-Engineering/Admin. (15% X TOTAL) $8,1.2.0.00
TOTAL Estimated Cost= $66,300.00
G:\Design\Correspondence\CURRENT PROJECTS\San Pablo Dam Rd Rehab\UtilitiesMCWD 005\JEPA-WCWD.doc
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