Loading...
HomeMy WebLinkAboutMINUTES - 07181995 - C13 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY .AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JULY 18, 1995 SUBJECT: APPROVE AND AUTHORIZE THE CHAIR OF THE BOARD OF SUPERVISORS TO EXECUTE AN AGREEMENT WITH THE WEST COUNTY WASTEWATER DISTRICT FOR THE RELOCATION OF SEWER LINES AND MANHOLES RELATED TO THE WILDCAT AND SAN PABLO CREEKS CONTRACT 3 PROJECT, FLOOD CONTROL ZONE 7 AND DRAINAGE AREA 73 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to Execute a Joint Exercise of Powers Agreement with the West County Wastewater District (WCWD)for sewer work included in the Wildcat Creek, Contract 3 Project. II. Financial Impact: There are no additional project costs to the District associated with the execution of this Agreement. This Agreement will allow the District to be reimbursed approximately $52,000 from the WCWD. Ill. Reasons for Recommendations and Background: On June 17, 1986, the Board of Supervisors APPROVED and AUTHORIZED execution of a Local Cooperative Agreement (LCA) with the Corps for the Wildcat and San Pablo Creeks project. Per that agreement, the District is responsible for 100% of the cost for relocating utilities related to the Wildcat and San Pablo Creeks Contract 3 Project(Project). The WCWD has asked that additional sewer facilities be relocated as part of the Project. The total estimated cost for relocating the sewer facilities is $105,020 and the estimated total project cost is $2,202,484. The estimated sewer work cost is 4.768% of the estimated total cost(i.e. $105,020/$2,202,484= 0.04768). The WCWD share of the sewer cost has been estimated as 51.8%. The actual sewer cost will be calculated as 4.768% of the actual total project cost and the WCWD will pay for 51.8% of the actual sewer cost. 0 Continued on Attachment: X SIGNATURE: )01C RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON �,L� Ig 1995 APPROVED AS RECOMMENDED OTHER I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Superiors on the date shown. VOT OF SUPERVISORS ATTESTED: ---�'� UNANIMOUS(ABSENT f ) PHIL BA. CHE R,Cie c of the Board AYES: NOES: of Supervisors and County Administrator ABSENT: ABSTAIN: Deputy MB:mg g:\fldctl\fcWwildcat.t6 Orig.Div: Public Works(FCE) Contact: M.Boucher,313-2277 cc: Public Works Design Div. County Admin.E.Kuevor Auditor-Controller Community Development PW Accounting Construction APPROVE AND AUTHORIZE THE CHAIR OF THE BOARD OF SUPERVISORS TO EXECUTE AGREEMENT WITH THE WEST COUNTY WASTEWATER DISTRICT FOR THE RELOCATION OF SEWER LINES AND MANHOLES RELATED TO THE WILDCAT AND SAN PABLO CREEKS JULY 11, 1995 PAGE TWO The WCWD will be credited $6,243.00 for engineering cost's it incurred. The WCWD will not be responsible for additional costs due to the cleanup of hazardous waste that may be found during construction of the creek improvements. Change orders will be dealt with on a case by case basis to determine if the change order costs will be shared or not. The low bid for the Project was $2,381,326 and the Corps of Engineers awarded the contract on April 27, 1995. Based on the low bid, the WCWD share of the sewer work without change orders, cost is $52,571.00. IV. Consequences of Negative Action: Failure to approve and execute the Agreement would jeopardize the District's ability to recuperate costs associated with the sewer work requested by the WCWD. JOINT EXERCISE OF POWERS AGREEMENT BY CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT AND WEST COUNTY WASTEWATER DISTRICT SOUTHERN PACIFIC RAILROAD and WILDCAT CREEK SEWER UNDER CROSSING A PART OF THE CORPS OF ENGINEERS WILDCAT CREEK CONSTRUCTION PROJECT CONTRACT 3 1. PARTIES: Effective on 8-1-95 , the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter called the "FLOOD CONTROL DISTRICT', and the West County Wastewater District, a public corporation of the State of California, hereinafter called the "WASTEWATER DISTRICT", mutually agree: 2. PURPOSE AND SCOPE: The FLOOD CONTROL DISTRICT, in conjunction with the U.S. Army Corps of Engineers, hereinafter called the "CORPS," intends to construct a flood control channel, known as the Wildcat Creek Contract No. 3 Project, hereinafter call the "Project", which crosses the Southern Pacific Railroad right-of-way approximately 900 feet north of Market Ave. in the North Richmond area (hereinafter called "the easement area"). The WASTEWATER DISTRICT proposes to include certain sewer construction work, consisting of the installation of a new, 15-inch inside diameter sanitary sewer pipeline and appurtenances, as part of the Project. The FLOOD CONTROL DISTRICT is responsible for other sewer construction work required by the project. On behalf of and at the sole expense of local agencies, the CORPS has agreed to include local sewer relocation work in the Project as a lump sum item. The basic location and design of the sewer construction work is shown in a reduced contract drawing (Sheet C-7) in Exhibit A attached to this Agreement. This Agreement outlines the responsibilities and requirements of the FLOOD CONTROL DISTRICT and the WASTEWATER DISTRICT to accomplish construction of the sewer by a contractor engaged by the CORPS in conjunction with the Project. 3. SEWER AND CHANNEL DEFINED: A. As used in this Agreement, the term "sewer" shall refer to all of the sewer lines, manholes, manhole covers, and other sewer appurtenances as shown in the plans and specifications (contract documents) prepared for the Project. B. As used in this Agreement, the term "channel" shall refer to the flood control channel, access roads and other channel appurtenances as shown in the plans and specifications (contract documents) prepared for the Project. 4. PLANS AND SPECIFICATIONS: A. At the WASTEWATER DISTRICT's request, the FLOOD CONTROL DISTRICT has secured the consent of the CORPS to include sewer construction in the Project. The WASTEWATER DISTRICT has provided sewer plans, details and specifications which the CORPS incorporated into the contract documents. The WASTEWATER DISTRICT has 1 reviewed those portions of the plans and specifications pertinent to the sewer and has accepted the contract for advertising. B. Any subsequent change orders which affect either the original design, the design intent, or cost of the sewer construction work must be approved in writing by both the FLOOD CONTROL DISTRICT and the WASTEWATER DISTRICT. The FLOOD CONTROL DISTRICT shall furnish a complete set of reproducible "as-built" plans to the WASTEWATER DISTRICT, within a reasonable time after the completion of the Project. 5. CONSTRUCTION AND INSPECTION: A. The CORPS shall be solely responsible for constructing the sewer and primarily responsible for inspecting and testing the sewer during construction. The FLOOD CONTROL DISTRICT shall arrange for review and/or reproduction by the WASTEWATER DISTRICT of such documentation of inspection and testing of the sewer construction as may be made available by the CORPS. B. Provided that advance approval is first obtained from the FLOOD CONTROL DISTRICT, representatives of the WASTEWATER DISTRICT may enter the easement area during construction of the sewer to observe the construction and to inspect and test the sewer. Approval of entrance by WASTEWATER DISTRICT representatives will not be unreasonably withheld. At no time shall the WASTEWATER DISTRICT or its representatives communicate directly with the CORPS' contractors or direct their operations. Copies of all WASTEWATER DISTRICT communications with the CORPS relating to the sewer shall be transmitted to the FLOOD CONTROL DISTRICT. Should the WASTEWATER DISTRICT discover any deficiencies in the sewer during construction, the WASTEWATER DISTRICT shall immediately report in writing such deficiencies to the FLOOD CONTROL DISTRICT, which shall report the same to the CORPS. C. The WASTEWATER DISTRICT acknowledges that entry into the easement area during construction carries with it a certain risk and agrees to release the FLOOD CONTROL DISTRICT, its boards, officers, agents and employees from any liability for death of, or injury to, the WASTEWATER DISTRICT's.representatives while present in the easement area during construction, except for liability resulting from the sole negligence or sole willful misconduct of the FLOOD CONTROL DISTRICT. 6. INSURANCE AND INDEMNITY: A. The CORPS has required the contractor and the contractor's subcontractors to carry insurance and has required that the contractor have copies of the insurance certifications available to the CORPS upon request. The CORPS has stated that the WASTEWATER DISTRICT and the FLOOD CONTROL DISTRICT do not need to be named as additional insureds. B. The CORPS has not included in its contract documents provisions for the CORPS' contractor to indemnify and hold harmless the WASTEWATER DISTRICT its Board and 2 all of its agents, officers and employees. The WASTEWATER DISTRICT may request that the CORPS' contractor purchase additional insurance for any purpose at the WASTEWATER DISTRICT's expense. The WASTEWATER DISTRICT understands that such a request may be denied by the CORPS and the FLOOD CONTROL DISTRICT shall not be responsible for the indemnification provisions of this paragraph. C. The WASTEWATER DISTRICT shall defend, indemnify, save and hold harmless the FLOOD CONTROL DISTRICT, its boards, officers, agents and employees from any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death, including liability for inverse condemnation, nuisance or trespass, arising directly or indirectly from, or in any way connected with the design, inspection, operation, maintenance and repair of the sewer, except for liability arising through the sole negligence or willful misconduct of the FLOOD CONTROL DISTRICT, its officers or employees, and shall make good to and reimburse the FLOOD CONTROL DISTRICT for any expenditures, including reasonable attorney's fees, the FLOOD CONTROL DISTRICT may make by reason of such matters. D. The FLOOD CONTROL DISTRICT shall defend, indemnify, save and hold harmless the WASTEWATER DISTRICT, its boards, officers, agents and employees from any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death, including liability for inverse condemnation, nuisance or trespass, arising directly or indirectly from, or in any way connected with, the design, construction, installation, inspection, operation, maintenance and repair of the channel, except for liability arising through the sole negligence or willful misconduct of the WASTEWATER DISTRICT, its officers or employees, and shall make good to and reimburse the WASTEWATER DISTRICT for any expenditures, including reasonable attorney's fees, the WASTEWATER DISTRICT may make by reason of such matters. 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 the standard of care imposed by law. 7. FINANCIAL RESPONSIBILITIES: A. :The WASTEWATER DISTRICT shall pay 51.8 percent and the FLOOD CONTROL DISTRICT shall pay 48.2 percent of costs attributable to the sewer construction work, including, but not limited to: (1) The amount payable to the CORPS' contractor(s) for installing the sewer; (2) The amount payable to the CORPS for miscellaneous design, inspection and construction work (Supervision and Administration); (3) The expense of relocating or protecting in place other heretofore undiscovered utility facilities which relocation is necessary solely due to the installation of the sewer. 3 B. The CORPS has estimated the costs for the sewer work as follows: Sewer Installation $ 89,000 Contract Supervision and Administration (10%) 8,900 Engineering and Design (8%) 7,120 Sub-Total Sewer Cost 105 020 The CORPS has estimated the total cost of Project, including all local work as follows: Estimated Total Cost of Project: $2,202,484 C. The figure stated in the preceding paragraph for "Sewer Installation" constitutes the CORPS' estimate of the construction cost attributable to the sewer at the time of bid. Once the actual construction bid cost for the entire Project has been determined, the construction cost attributable to the sewer shall be recalculated by multiplying 0.04768 by the total as-bid Project construction costs. Said 0.04768 is based on the government estimate for the work and represents the percentage of total construction cost attributable to the sewer at the time of bid and is calculated as follows: Sewer Installation Cost/Total Cost of Project = ($105,020)/($2,202,484) = 0.04768 D. It is the intent of the parties herein to have the WASTEWATER DISTRICT pay the entire cost of change orders or extra work attributable to the sewer transverse to the railroad and the FLOOD CONTROL DISTRICT pay the entire cost of change orders or extra work attributable to the sewer parallel to the railroad. Each party shall have a right to written approval of change orders or extra work occasioned by request of another party which will result in increased costs to the non-requesting party or alter the specifications provided by the non-requesting party. The additional cost or associated credit to the WASTEWATER DISTRICT arising from contract change orders or extra work shall be determined on a case-by-case basis and such additional cost or credit shall be assessed separately and shall not affect the established 4.768 percent used to determine the initial cost of the sewer construction work to the WASTEWATER DISTRICT at the time of bid. E. The figure stated above for Contract Supervision and Administration constitutes the CORPS' estimate of the contract supervision and administration costs attributable to the sewer. Once the contract supervision and administration costs for the Project have been determined (but adjusted so as to not include contract supervision and administration costs associated with contract change orders), the contract supervision and administration costs attributable to the sewer shall be recalculated by multiplying 0.04768 by the total adjusted Project contract supervision and administration costs. Contract supervision and administration costs attributable to the WASTEWATER DISTRICT as a result of contract change orders will be performed on a case-by-case basis, and such additional cost or credit shall be assessed separately and shall not affect the established 4.768 percent used to determine the actual cost of the sewer construction work to the WASTEWATER DISTRICT. 1 4 F. The figure stated above for Engineering and Design cost is the estimated cost of the engineering and design work performed by the CORPS in conjunction with the sewer work performed under this Agreement. Once the engineering and design costs for local work items have been determined (but adjusted so as not to include engineering costs associated with contract change orders), the engineering and design costs attributable to the sewer shall be recalculated by multiplying 8.0% by the total adjusted engineering and design costs for local work items. Engineering and design costs attributable to the WASTEWATER DISTRICT as a result of contract change orders will be performed on a case-by-case basis; and such additional cost or credit shall be assessed separately and shall not affect the established 8.0% used to determine the actual cost to the WASTEWATER DISTRICT. G. The CORPS has tested soil samples taken upstream of the sewer alignment for hazardous substance. Some samples were found to be contaminated with low levels of volatile organic compounds. The CORPS' contract specifies what is to be done with contaminated soil in the event the concentrations reach a certain threshold limit. Costs of handling, storing, cleaning and disposing of contaminated soil have been separately identified as bid items of the CORPS' contract. The WASTEWATER DISTRICT will not be liable for the cost of those bid items related specifically to the handling, storing, cleaning and disposing of contaminated soil if it is encountered above threshold levels. If such costs are incurred, such costs, and any related additional engineering costs, will not be included in the total project cost when determining the WASTEWATER DISTRICT's share. H. Except as provided otherwise for change orders and extra work, the WASTEWATER DISTRICT and the FLOOD CONTROL DISTRICT agree that it is the intent of the parties that the WASTEWATER DISTRICT pay 51.8% and the FLOOD CONTROL DISTRICT pay 48.2% of the costs attributable to the sewer construction work undertaken pursuant to this Agreement. The FLOOD CONTROL DISTRICT and the WASTEWATER DISTRICT acknowledge that the WASTEWATER DISTRICT has incurred additional estimated "in house"design costs of$6,243.00 as of June 13, 1995, thereby offsetting a portion of the WASTEWATER DISTRICT'S share in the sewer work cost. I. Within fourteen (14) working days after the execution of this agreement, the WASTEWATER DISTRICT shall provide the FLOOD CONTROL DISTRICT with a deposit equal to the WASTEWATER DISTRICT'S estimated share of the sewer cost. The WASTEWATER DISTRICT'S estimated share of the sewer costs is $48,157.00, which is 51.8% of $105,020 less the above identified estimated "in house" design costs rounded to the nearest dollar. The FLOOD CONTROL DISTRICT shall place the deposit in an interest bearing trust fund and the interest accrued in that account shall be credited against the WASTEWATER DISTRICT'S share of the sewer work cost. J. The FLOOD CONTROL DISTRICT shall use its best efforts to substantiate the WASTEWATER DISTRICT'S costs. The WASTEWATER DISTRICTS share of local costs shall be apportioned from the trust fund in accordance with the above percentages and the quarterly funding requirements reported by the CORPS. 5 K. A final accounting report concerning the sewer construction, engineering, inspection and administration costs shall be prepared by the FLOOD CONTROL DISTRICT which shall include documentation to justify all costs, including the CORPS' bidding summary, final pay statement and federal estimate establishing the percentage share of the total Project cost attributable to the local work. Said final accounting report shall be produced in a timely manner subsequent to the completion of the federal project audit. The FLOOD CONTROL DISTRICT shall release to the WASTEWATER DISTRICT any funds and accrued interest, less fund management expenses, which exceed the WASTEWATER DISTRICT's share of said Project costs within thirty (30) days of the issuance of the final accounting report. If the WASTEWATER DISTRICT's share in the sewer relocation exceeds the deposit plus interest, the FLOOD CONTROL DISTRICT shall send with the final accounting report a bill for the balance owed by the WASTEWATER DISTRICT. Payment for the amount owed to the FLOOD CONTROL DISTRICT, if any, shall be made no later than forty-five (45) days after the date of billing by the FLOOD CONTROL DISTRICT. L. In the event that the project is stopped and the sewer is not relocated, the FLOOD CONTROL DISTRICT shall release to the WASTEWATER DISTRICT all funds deposited and interest accrued, less fund management expenses, pursuant to the above, except for those costs associated with the inclusion of the sewer in the CORPS' contract documents, including, but not limited to, the design. 8. CERTIFICATION, ACCEPTANCE, AND MAINTENANCE: A. Upon completion of the entire Project the FLOOD CONTROL DISTRICT shall notify the WASTEWATER DISTRICT that the sewer is ready for final inspection and acceptance by the WASTEWATER DISTRICT. The WASTEWATER DISTRICT will be provided with ample opportunity to perform all such inspections and testing as would be reasonable within the industry to ascertain compliance with the specifications provided by the WASTEWATER DISTRICT. If the WASTEWATER DISTRICT determines that the sewer, as constructed, complies with the contract documents approved by the WASTEWATER DISTRICT, the WASTEWATER DISTRICT shall accept the sewer without delay and notify the FLOOD CONTROL DISTRICT in writing of such acceptance. The WASTEWATER DISTRICT's acceptance of the sewer shall not be unreasonably withheld. B. If the WASTEWATER DISTRICT determines that the sewer as constructed, does not comply with the contract documents accepted by the WASTEWATER DISTRICT, the WASTEWATER DISTRICT shall notify the FLOOD CONTROL DISTRICT .of the deficiencies without delay. The FLOOD CONTROL DISTRICT shall thereupon notify the CORPS of the WASTEWATER DISTRICT's position and request on behalf of the WASTEWATER DISTRICT that the CORPS correct the deficiencies. Upon correction of the deficiencies by the CORPS, the WASTEWATER DISTRICT shall accept the sewer without delay and notify the FLOOD CONTROL DISTRICT in writing of such acceptance. C. In the event a dispute arises between the WASTEWATER DISTRICT and the FLOOD CONTROL DISTRICT or CORPS in regard to the completion and adequacy of construction of the sewer work under this Agreement, the WASTEWATER DISTRICT shall set forth in 6 writing a statement of the specific deficiencies which then allegedly remain uncorrected and shall issue an interim acceptance subject to the deficiencies as have been set forth. Until such time as the WASTEWATER DISTRICT has accepted the sewer or issued an interim acceptance with a statement of deficiencies as set forth above, no portion of this sewer shall be used or occupied by the WASTEWATER DISTRICT or members of the public. The FLOOD CONTROL DISTRICT shall not accept the contract work as complete until the WASTEWATER DISTRICT has accepted the sewer or, in the event the WASTEWATER DISTRICT issues an interim acceptance, the FLOOD CONTROL DISTRICT shall accept the contract work with the reservations set forth in the statement of deficiencies. Upon acceptance of the sewer by the WASTEWATER DISTRICT or the issuance of an interim acceptance, the WASTEWATER DISTRICT shall assume complete responsibility for the maintenance of the sewer. D. Upon the completion of the channel work, the FLOOD CONTROL DISTRICT shall make such inspections as may be necessary and without delay notify the CORPS and the WASTEWATER DISTRICT in writing of the final inspection and acceptance of the channel work. The FLOOD CONTROL DISTRICT's acceptance of the channel work shall not be unreasonably withheld. The FLOOD CONTROL DISTRICT shall assume complete responsibility for the maintenance of the channel at such time as the notification of the acceptance of the channel work occurs. 9. LIMITATION OF DISTRICT'S RESPONSIBILITIES: The FLOOD CONTROL DISTRICT agrees to make all reasonable efforts to communicate to the CORPS the concerns and the desires of the WASTEWATER DISTRICT relating to the sewer work performed under this Agreement. Not withstanding the FLOOD CONTROL DISTRICT's obligation to convey to the CORPS all communications relating to the sewer received from the WASTEWATER DISTRICT, the FLOOD CONTROL DISTRICT does not guarantee, and shall not be responsible for the quality of construction of the sewer by the CORPS. In the event of deficiencies in the sewer, the FLOOD CONTROL DISTRICT shall not be responsible for discovering or correcting such deficiencies. 10. MODIFICATION OF AGREEMENT: This Agreement shall be subject to modification only by a subsequent written agreement executed by both of the parties. 11. AGREEMENT EXPIRATION: Except for the provisions of Sections 5 (release), 6 (insurance and indemnity), 8 (acceptance and maintenance), and 9 (limitations), which provisions shall survive the expiration of this Agreement, this Agreement shall expire upon the payment of all sums described in Section 7 of this agreement. 12. ACCOUNTABILITY: As required by Government Code Section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the work and shall report all receipts and disbursements relating to the work. 13. POWERS: In exercising the powers set forth in this Agreement, the parties shall be subject to the restrictions upon the manner of exercising powers applicable to the FLOOD CONTROL DISTRICT. 7 14. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties relating to the sewer and channel. Any representation or promise of the parties relating to the work shall not be enforceable unless it is contained in this Agreement or in a subsequent written agreement executed by the parties. CONTRA COSTA COUNTY FLOOD CONTROL WEST COUNTY AND WATER CONSERVATION DISTRICT WASTEWATERbSTRICT By: _24By: Board of Supervisors as the President of the Disty ct Governing Body of the Contra Costa County Flood Control and Water Conservation ATTEST: Phil Batchelor, ATTEST: Clerk of the Board of Supervisors Secretary of the District and County Administrator By: By: De ty Clerk RECOMMENDED FOR APPROVAL: J. Michael Walford, Chief Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: Victor J. Westman, County Counsel By: By: 6 roe Deputy District Counsel MB: g:VldctN\wcspjepawcwd.age June 15,1995 8 0 w Z a: < F- �— U- 00 6:2 . cz W < Fn CL a P 0 z i;Ae< — 6 za Z U) ------ ------- 0) w' o ------- (j) z L) 21 r 0 C,) 0 W % wOb w Z w< D w W z { I� � j � � �� w ocol P �e P w w ZWR 0 m Q 0 CL 0 0 ZQ D Z co < z 000 Q < L) o �e cr W W cf X U� U 0 �:l * - - , uj < U. 0 gr up 0 Co C$) W I- W ZMW �2FE - V) SM - - - w 0 W co z 0 L- W E7- < z Tit 0LL < 0 W CO V) (L W — W ?., 0 r-, = w OW6 0 H U- < a 0 W 0 un 0 � w3 UJ ui CO) CO W � x 5gr LU I-- z z D ,I !Pi 'hit A I -) -p 00 1xv DID', U) till,, 1! --Z� ... .. .Zt 10i, „1 �r,# w ej N;41,1— 'oV fill