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Home My WebLink AboutMINUTES - 06141994 - 1.8 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: June 14, 1994 SUBJECT: APPROVING A COOPERATIVE FUNDING AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE SHELL OIL COMPANY. PROJECT NO.: 0662-6U4253 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE a Cooperative Funding Agreement between the County of Contra Costa and the Shell Oil Company, and AUTHORIZE the Chair of the Board to execute the agreement. II. Financiallmpact: Road funds will be obligated to reimburse Shell Oil Company for the County's share of the project. Expenditures not to exceed $40,000. III. Reasons for Recommendations and Background: Shell owns and maintains a 10-foot diameter storm drain culvert underneath their Martinez Manufacturing Complex. The County owns and maintains another 10-foot diameter culvert under Pacheco Boulevard, immediately upstream of Shell's culvert. In order to improve the capacity of their culvert, Shell is lining it with gunite and has offered to line the County's culvert in the same contract. In order to avoid the extra expense and disruption that would be caused by lining each culvert separately, the parties desire that the County's culvert be lined as part of Shell's project. The purpose of this Agreement is to provide for joint construction of these two projects and the apportionment of project duties and costs between the County and Shell. IV. Consequences of Negative Action: Failure to execute the agreement would force the County to absorb the extra expense and disruptions that would be caused by lining each culvert separately. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 14 1994 APPROVED AS RECOMMENDED OTHER mi of an ion keno and entered �minutes of the BoardolATTESTE_^8 i I f RI ,�� MaIMOL VOTE OF SUPERVISORS PHIL BATCHELOR aBoard •�— 1,-' UNANIMOUS (ABSENT IT, ) of Supervisors and 6Z ty Administrator AYES: NOES: ABSENT: ABSTAIN: By ~ . PH:pe g:\fldcti\fcbo\Shell 14.t6 Orig. Div: Public Works (F/C) Contact: P. Harrington 313-2271 cc: Accounting Transportation Engineering P. Detjens, Flood Control Engineering COUNTY OF CONTRA COSTA/SHELL COOPERATIVE FUNDING AGREEMENT: PACHECO BOULEVARD CULVERT PROJECT 1. Parties: Effective , 1994,the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "COUNTY," and the SHELL OIL COMPANY, a corporation, hereinafter referred to as "SHELL," mutually agree and promise as follows: 2. Purpose and Scope of Work: SHELL owns and maintains a 10-foot diameter storm drain culvert underneath their Martinez Manufacturing Complex. The COUNTY owns and maintains another 10-foot diameter culvert under Pacheco Boulevard, immediately upstream of SHELL's culvert. In order to improve the capacity of their culvert, SHELL is lining it with gunite and has offered to line the COUNTY's culvert in the same'contract. In order to avoid the extra expense and disruption that would be caused by lining each culvert separately, the parties desire that the COUNTY's culvert be lined as part of SHELL's project. The purpose of this Agreement is to provide for joint construction of these two projects and the apportionment of project duties and costs between the COUNTY and SHELL. 3. Project Description: As used in this Agreement, the term "PROJECT" shall refer to the gunite lining of both the Pacheco Boulevard culvert and the culvert under the Martinez Manufacturing Complex. The COUNTY's share of the PROJECT shall be defined as follows: lining with gunite 84 linear feet of 10-foot diameter culvert under Pacheco Boulevard as shown on County Drawing E3951C-78, page 2/4. The preliminary cost estimate for the COUNTY's share of the PROJECT is $39,900. 4. Method: a. SHELL shall perform the following activities: 1) Obtain all permits required for the PROJECT. 2) Prepare plans and specifications for the PROJECT described above, incorporating any comments received from the COUNTY. 3) Advertise the PROJECT for bid and award a contract for construction of the PROJECT. 4) Perform all construction engineering, surveys, materials testing, contract Page 1 administration and inspection of the PROJECT. 5) Approve and accept the PROJECT construction work when completed. 6) Prepare and submit to the COUNTY an invoice for the COUNTY's share of the PROJECT. b. The COUNTY shall perform the following activities: 1) Assist SHELL, as necessary, in applying for the required County and Flood Control permits 2) Approve the plans and specifications in writing before SHELL advertises the PROJECT for bids. 3) Consult with SHELL, as necessary, to enable the PROJECT to be properly completed. 4) Participate in the final inspection and recommend to SHELL the acceptance of the COUNTY's share of the PROJECT. 5) Acquire all right of way necessary for access to the COUNTY's culvert. 5. Changes in PROJECT Work: PROJECT plans and specifications shall comply with acceptable engineering practices and standards such as the Contra Costa County Standard Plans and Specifications or the State of California Department of Transportation Standard Plans and Specifications. Before advertising for bids, SHELL shall obtain the COUNTY's written approval of the PROJECT plans and specifications. Once the plans and specifications have been approved by the COUNTY, any subsequent field orders or change orders which affect the original design, the design intent or the cost of the COUNTY's share of the PROJECT shall first be approved in writing by the COUNTY. 6. Financial Responsibilities: The COUNTY's share of the PROJECT cost shall be calculated by multiplying the accepted "per linear foot" bid price for the gunite lining by the total length (84 LF) of the COUNTY's culvert. The COUNTY will pay this amount to SHELL within 30 days of receipt of an invoice from SHELL after the County has accepted its share of PROJECT. 7. Adjustment: Should the lowest bid received by SHELL for the COUNTY's share exceed by 10 percent or more the amount estimated for the COUNTY's share, the COUNTY shall promptly decide whether to proceed with the PROJECT. Should the COUNTY elect not to proceed with the COUNTY's share of the PROJECT, the lining of the COUNTY's culvert shall be deleted from the PROJECT and the COUNTY shall not be responsible for any charges. Page 2 8. Insurance and Hold Hannless: a. The contract documents for the PROJECT shall include provisions requiring the successful bidder to: (1) obtain and maintain in full force and effect during construction of the PROJECT, workers'compensation,public liability and property damage insurance, in forms and limits of liability satisfactory to SHELL and the COUNTY,naming SHELL and the COUNTY,their governing bodies,officers and employees as additional insureds; and (2) promise to defend, indemnify, save and hold harmless the COUNTY, it's governing body, officers, and employees from liability to the same extent as promised to SHELL. The aforementioned policy shall contain an endorsement that the insurance afforded thereby to the additional insureds shall be primary insurance to the fill limits of the policy, and that if any of the additional insureds have other insurance or self insurance against a loss covered by such policy, such insurance or self insurance shall be excess insurance only. Before beginning construction of the PROJECT, the contractor shall submit to SHELL and the COUNTY a certificate of insurance evidencing the required coverages and requiring the carrier to give at least 30 days written notice to SHELL and the COUNTY of any cancellation, non-reriewal or material modification of the policy. SHELL shall be responsible for ensuring that this requirement has been met before allowing construction work to proceed. b. Neither the COUNTY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SHELL, or in connection with any work delegated to SHELL under this Agreement, and SHELL shall defend, indemnify, save and hold harmless the COUNTY, its governing body, officers and employees from the same. C. Nothing in this Agreement is intended or shall by construed to affect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. 9. Complete Agreement and Agreement Modification: This Agreement is the complete agreement between the parties. It 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 drawn. 10. Agreement Expiration: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall expire upon acceptance by the COUNTY of the constructed improvements and full payment of COUNTY's share of the PROJECT to SHELL as noted in Section 6. Page 3 11. Govemine Law: Disputes regarding the interpretation and application of this Agreement shall be resolved in California courts according to California law. COUNTY OF CONTRA COSTA SHELL OIL COMPANY, a Corporation C By: By: Chairpers n, Board of upervisors . McC m s, Technical Manager FORM APPROVED: ATTEST: Attorney Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: By: � E< <�' Deputy RECOMMENDED FOR APPROVAL: J. Michael Walford, Public Works Director FORM APPROVED: Victor I Westman, County Counsel By: Deputy PRD:pe g:\fIdctl\da\Co-Shell.Agr April 7, 1994 Page 4