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HomeMy WebLinkAboutMINUTES - 04061999 - C1-C5 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 6, 1999 SUBJECT: Approve Plans and Specifications and Advertise for bids for the Taylor Boulevard/Pleasant Hill Road Overlay and Taylor Boulevard Guardrail Upgrade Project, in the Lafayette area. Project No. 0662-6R4239-99 and 0662-6R4053-99, Federal Project No.: STPLH 5928, CDD-CP ## 98-97 and 98-90. Specific Request(s) or Recommendation(s) & Background & Justification i. RECOMMENDED ACTION: APPROVE the Plans and Specifications for the Taylor Boulevard/Pleasant Hill Road Overlay and Taylor Boulevard Guardrail Upgrade Project and ADVERTISE for bias to be received on Tuesday, May 11, 1999, at 2:00 p.m. DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section 22037 of the Public Contract Code, Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON �71 a 7, T719 APPROVED AS RECOMMENDED X VOTE OF SUPERVISORS x UNANIMOUS (ABSENT None AYES:_ __ NOES: ABSENT: ABSTAIN: I hereby cert€fir that this is a rue HH.sd copy of an action taker and entered or, G:\GrpDatatDesigntBoard Orders\BO 19991 i""'.inutes of the Board of Supervisors or the Taylor Blvd Pleasant Hili Overlay&Guardrail 4-6.doc date shown Orig.div: Public works(Design Division) Contact: Henry Hussey(313-2338) ATTESTED: �the, cc: B.Kuevor,CAO PHIL BA"T`G a Auditor-Controller Community Development of �.�cl�� >vi"ro and County s�dE"3il?ls'€atCr PW Accounting By Construction 8) Advertise the PROJECT for public bid and award a contract for construction. 9) After completion of the construction work and the final acceptance of the PROJECT by the COUNTY, the COUNTY shall deliver to the DISTRICT on.-set of fall size reproducible drawings and two sets of prints that reflect the "as-built"conditions of the entire PROJECT. The reproducible set shall be of photo quality. 10) Accept the PROJECT work, but not until the DISTRICT has determined that the FACILITIES have been completed to its reasonable satisfaction. B. The DISTRICT shall perform the following activities: 1) Design the FACILITIES in accordance with the District's Standard Plans and Specifications dated November 1997. 2) Provide the COUNTY a copy of the technical specifications in Microsoft Word format for incorporation into the plans and specifications for the PROJECT. 3) Perform the following testing and inspection of the FACILITIES in accordance with the DISTRICT'S latest standard practice and procedures: a. Pressure and leakage b. Flushing and chlorination c. Coating d. Cathodic protection 4) Perform a joint final inspection of the FACILITIES with the COUNTY. 5) Consult with the COUNTY, as necessary, to ensure that the FACILITIES are constructed properly. 6) Prepare and submit to the COUNTY a report of the costs incurred in accordance with Section 5(b). 4. 1 The COUNTY shall pay all costs for the FACILITIES, including preliminary engineering, construction inspection,construction engineering, construction contract and contract administration performed by the DISTRICT and/or its consultant. 5. Deposit and juatr= (a) Within 14 days of execution of this agreement, the COUNTY shall deposit with the DISTRICT the sum of$34,592 which represents the estimated cost to cover the expenses of the DISTRICT for design, engineering, inspection, and contract administration, as set forth in attached Exhibit A. The COUNTY's maximum obligation for expenses covered by this section shall be $40,000,unless advance,written consent to a higher figure is given by the Public Works Director or his designee. 2 (b) Within sixty days of acceptance of the PROJECT, the.DISTRICT shall deliver to the COUNTY a report of project expenses,together with a bill for the additional amount owed to the DISTRICT, if the DISTRICT's costs exceed the deposit paid. Payment for the amount owed to the DISTRICT, if any, shall be made no later than forty-five days after the date of billing by the DISTRICT. If the DISTRICT's costs are less than the deposit paid, the excess shall be refunded to COUNTY within sixty days of acceptance of the PROJECT. 6. Insurance and d Harmless: (a) The contract documents for the PROJECT shall include provisions requiring the contractor to provide business and automobile liability insurance and indemnification naming the DISTRICT, its officers and employees to the same extent as provided to the COUNTY. If the DISTRICT hires consultants to perforin any work delegated to the DISTRICT under this Agreement, each contract shall include provisions requiring the consultant to provide business and automobile liability insurance and indemnification naming the COUNTY, the Redevelopment Agency of Contra Costa County, their officers, agents, and employees as additional insureds and indemnitees and, in the case of design contracts, shall also require the design consultant to furnish professional liability (errors and omissions) insurance covering the same parties. (b) Neither the DISTRICT,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 the COUNTY in connection with any work delegated to the 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 DISTRICT, its officers and employees against the same, except as provided otherwise in Section 7(b). (c) 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 the DISTRICT in connection with any work delegated to the DISTRICT under this Agreement, and to the extent not covered by the above-described insurance or indemnification, the DISTRICT shall defend,indemnify,save and hold harmless the COUNTY,its officers and employees against the same. (d) The DISTRICT acknowledges that entry into the construction area carries with it a certain risk and agrees to release the COUNTY, its officers and employees froze any liability for death=of, or injury to,the DISTRICT's representative(s)while present in the construction area, except for liability resulting from the sole negligence or willful misconduct of the C0U"�rTY. (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. 3 7. t.= (a) Upon completion of the PROJECT,the COUNTY and the DISTRICT shall conduct a joint final inspection. After the DISTRICT has determined that the FACILITIES have been completed to the DISTRICT's reasonable satisfaction, the COUNTY shall accept the PROJECT as complete for itself and for the DISTRICT. The DISTRICT shall not unreasonably withhold or delay its determination of PROJECT completion. (b) Upon the CO jNTY's acceptance of the PROJECT, the DISTRICT shall own and be responsible for maintaining the FACILITIES and, notwithstanding the provisions of Section 6(b), shall defend, indemnify, save, and hold harmless the COUNTY, its officers and employees against any and all claims,demands,suits, costs, expenses, and liability for any damages, injury, sickness, or death occurring after acceptance and relating to the design, constriction, use, operation or maintenance of the FACILITIES. 8. A erri t.�Nlodi cation: This Agreement shall be subject to modiffication only by the written consent of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which the Agreement is drafted. 9. Rgstdclia= 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. Ifl° . . As required.by Government Code Section 6505, bath parties to this Agreement shall provide strict accountability of all funds received for the PROJECT. 11. E in = on, Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the payment or refund described in Section 5(b) above. The previsions of Sections 6(b), 6(c), 6(d), and 7(b) shall survive any termination of this .Agreement. COUNTY OF CONTRA COSTA DIABLO WATER DISTRICT By: By. Ch ° , d of Supervisors President, Board of Directors ATTE ': April 6, 1999 ATTEST: Phil Batchelor, Cleric of the Board of Supervisors and County Administrator 4 By By: Deputy Secretary, oard of Directors b EIS 1 FORM APPROVED: J, Mica.lfor , Public Works Director By: !k .'„ �Y Deputy c arks Director .: bjs ct C unsel FORM APPROVED: Victor J. Westinan, County Counsel By: joub- 1,.— - Deputy g.\des;p\Diane\Oak?ey_4127\0'7 abloJepai 5 f*Y 4tl � '1iY tlf t'♦ V V V W yy G7 04 N CV LL 00 Ll .M LL to C3 `1 i C31 C77 CC7 tf't Cl t- co i� CL' c CC5 CJ C GS CCY) <o N U ol0 Cr � C7 � w W Cg .G C� C3 t3 �g LU ca i3 D O C!a d �0 Q TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 6, 1999 SUBJECT: Approve Project, Plans and Specifications for the 1999 Slurry Seal Project in the Countywide Area. Project No. 0672-6U2178-99, CDD-CP#99-10. Specific Request{s} or I'�ecornmenda:tion(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE Project, Approve the Plans and Specifications for the 1999 Slurry Neal Project and DETERMINE that the project is a California Environmental Quality Act Class 1c Categorical Exemption, and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. Continued can Attachment: x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURES): ACTION OF BOARD ON April 6, 1999 APPROVED AS RECOMMENDED MOM_ VOTE OF SUPERVISORS a....X_ UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: G.1GrpLata\Design\Board Girders\ Btu 1999/1999 Slurry Seal 4-6.doc i herebycextis that this la a tree d corraz� Orig. Div: Public Works(Design Division) copy of an action taken and antered oA cc: County Admin.E. Kuevorcantac#: Rola Tavenier{ uevor56} minutes of the Board €f Supervisors o �i,e c Auditor-Controller date shown. Community Development ATTESTED: s PW Accounting PHIL BATCHR, Clerk of the Boars Construction ct SUP6( i o s an ou:ity Ad mdstraio, Transportation Ey SUBJECT: Approving Plans and Specifications for 1999 Murry Seal, Countywide Area. DATE: April 6, 1999 PAGE: 2 DIRECT the Public Works Director or Chief Engineer to arrange for payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section 22037 of the Public Contract Code, and ADVERTISE for bids to be received on Tuesday, May 11, 1999 at 2:00 p.m. II. FINANCIAL IMPACT: The estimated contract cost of the project is $411,190, funded by Road Maintenance- Funds (100%)� III. REASONS FOR RECOMMENDATION/BACKGROUND. The project is needed to resurface roadways in order to extend their useful life. The project has been determined to be in compliance with the General Plan and is exempt from CEQA because the proposed project consists of maintenance of existing facilities. The Public Works Director has filed with the Board of Supervisors the Plans and Specifications for the project. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board and copies will be made available to any interested party upon request. IV, CONSEQUENCES OF NEGATIVE ACTION: If the project is not approved for advertising, it will not be constructed. PROF OF PUBLICATION (2015.6 C.C.P.{ The Public Works Director wilt STATE 7 OF CA•.IFORNIA receive - bids at the Public Worfts Department, "unty of Contrs Costa C.C.Rich Building,255 Cita- der ofte, Martinez, Cal for- i am a citizen of the United States and a resident of the Me 434553-48997, until 2 o'- Count aforesaid; i am over the age of eighteen years, at w chP.Mon May y ill be County � g at w�hzyohc�timee they Vdil be and not a party to or interested in the above-entitled for l%, rgeddy and read, matter, Generat worts description, i am the Principal Legal Mark of the Contra Costs Times, Apply slurry wai to pavement The sucossaU bidder shall a newspaper of general circulation, printed and published a pertfurnisa performance paymbon pond and g p a perfomtanca bond. at 2640 Shadelands Drive in the City of Walnut Creek, E. mean's cost satimate: Tie Board has ascairtalned County of Contra Costa, .94598. $4f1' w`aag a ap�cab��o�o A pro-told meeting will be +etc. The prevailing rate of And which newspaper has been adjudged a newspaper of 'OOid a Monday,10 m at thm the per Cl m wagee cardon of Su- general circulation b the Superior Court of the Count of the Clark of the Incur r ted Y p y Public works Department to oenr4eora,and is tnco tad Contra Costa, State of California, under the date of oover the County's Bidder hareln by I Orenoe�eretd : October 22, 1934. Case Number 19764. Outreach Program.Pr pec- the eatne as if sat fort in toil Ova bidders attendance Is herein,For olaaaltfCation recommended but not man- not Included to the Etat, the;, The notice,of which the annexed is a printed copy (set In datory. ' rntntmum wags shall be the; Contract Documents lnclud- general pteva#line rata `or type not smaller than nonpareil), has been published in Ing plana and apecifscatfona, Contra costa County. each regular and entire issue of said newspaper and not may be vkswed andbr ob- The bid opening date may be in any supplement thereof on the following slates,to-wit. tamed at the Public Works extended addendum Is- t,C.C.Rich Build- sued by the Public works Ds- Ing, 999 Ing,255 3iaoier Ortve Marti- partment no later than May 7, April nes, Caomia 94555 4897 1 ,in wh ch case any fta Manley Thuraday (7. submitted for the original bid. a.m.-i 2 Noon and 1:00 P.M, opening will be resumed un- all in the year of 1999 -S:ftc p.rn.)(oloaed Pridsya)• opened and sealed bid pro- To obtain plane and speciri- posals for the extended bid certify (or declare) under penalty of perjury that the nuirracationadaIn service Amount of ooneor beforreng eMll ay25,r1999 ado. foregoing is true and correct. 51 r.83 (salsa tax Includeo. 2: p.m., and will be PLANS AND SPECIFICA- o ned, read and raosrrdad i TIONS MAY BE ORDERED BY at the same place apeelftad= Executed at Walnut Creek, California. MAIL FOR AN ADDITIONAL; above.All proposals received On this 14 day of April, 9999 SHIPPING AND HANDLING I late wHI be returned un- FEE OF 53.00.Checks shall opened. be made ppaayyaabt�lle to 'Me Tris said mrd a t re County ofC )910osta'and right to reject any and all bids Si nature be malted to the above ad- or any portion of any bid g / The Public Works Dew andlor waive any irregularity 1 partment dorsa net guarantee In any bid received. antra Costa Times tt a arr!vai of the plana and For questlom regarding the sped saloons In.time for bid- P C Box 4147 9 n contact Division, t 54 ding,Plana and epeptitcatiions Walnut Creek, CA 94595 wul not be sent overnight 313 X390. ) (510) 935-2525 mail. `this contract Is.eubjaot to tiv order of the l�rard state contract nondi rim.3na- 4f�SparvIsora Proof of Publication of: tion and compliance nec#uire- of Ire Costa County (attached is a copy of the legal advertisement that me t Codd Section 1to 2290. Clark of the Board publishedi The Contractor strati of Su ervlaore and a Claw A or Class C 2 Oon- Cour Admindstrator tractor's License at the time By O. Tumar/t2a the Contract is awarded. Bids must c 'the entire. Da ti� Aprlf 5 1999 project, and neither partial Leof G z 559 nor o8ntingent bids will be Publish April 14,1999 considered. et-5 TO BOARD OF SUPERVISORS FROM: J. MICHAEL`V10ALFORD, PUBLIC WORKS DIRECTOR DATE: April 6, 1999 SUBJECT: Approve Addendum No. 1 for the San Ramon Creek Mitigation Planting in the Alamo Area. Project No. 7520-6B8451-99 Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE prior issuance of Addendum No. 1 for the San Ramon Creek Mitigation Planting Project. II. FINANCIAL IMPACT: This Addendum has no financial effect on the project budget or the General Fund. Continued on Attachment: X SIGNATURE./,Z� ® RECOMMEMATION OF CSUNTY ADMIN19TRATOR RECOMMENDATION OF BOAR®COMMITTEE —APPROVE OTHER SIGNATURE(, ACTION O BOARD ONApril ,s 1999APPROVE©AS RECOMMENDED} V TE OF SUPERVISOR UNANIMOUS(ABSENT None } AYES; NOES: ABSENT: ABSTAIN: I hereby certify th-at this is a trus ar C#rfc"� DS:sd copy of an action taker and Gntered 04 G:1GrpData\Designt8osrd OrdersWC 49991 Ser.Ramon Creek WigaticnPfar ng Add 74-6.doc minutes of the Board of Supervisors o;i, Ong.Div: PubileVV ks;Design Division) date shown, cartact: None Spoto(313-2308) cc: County dministrtor,E K:;avot �''eTTET tDS: A. r^�a�-s�ClerkAuditor-Cnntro!!arPFM .Bt�I0H L t3 C5�tn�PW Rc mt'sng construction ofa oil rx County d�£�t�'s finis ,x Community Development-A.Woods y �.... SUBJECT. Approve Addendum No. 1 for the San Ramon Creek Mitigation and Planting Project in the Lafayette area. Project No. 7520-6B$451-99 DATES April 6, 1999 PAGE: 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: On February 23, 1999, the Board of Supervisors approved pians and specification for this project. Addendum No. 1 is needed to reflect the change in bond amounts that took effect January 1, 1999. For projects under $5 million, it requires a 100% payment bond per state statute (old requirement was 50% for all projects over $25,000). IVa Consequences of Negative Action If Addendum No. 1 is not approved, our bonding requirements would be in conflict with current state statutes. SUBJECT. Approve Plans and Specifications and Advertise for bids for the Taylor Boulevard/Pleasant Hill Road Overlay and Taylor Boulevard Guardrail Upgrade Project in the Lafayette area. Project No. 0662-684239-99 and 0662-684053-99, Federal Project No.: STPLH 5928, CDD-CP # 98-97 and 98-90. DATE: April 6, 1999 PAGE: 2 It. FINANCIAL IMPACT: The estimated contract cost of the project is $511,000, funded by Measure C Funds (77%), SB300 Funds (13%), and Federal Hazard Elimination and Safety Funds (HES) (10%). Ill. REASONS FOR RECOMMENDATION/BACKGROUND: The project is needed to ensure the continued existence of the roadway, promote safe usage and to keep vehicles on the roadway. protect overpass piers and reduce the maintenance burden of the structure. The Public Works Director has filed with the Board of Supervisors the Plans and Specifications for the project. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board and copies will be made available to any interested party upon request. The Board reviewed and approved the project on February 2, 1999 and determined the project to be exempt from the California Environmental Quality Act as a Class 1c Categorical Exemption. A Notice of Exemption was filed with the County Clerk on February 2, 1999, IV. CONSEQUENCES OF NEGATIVE ACTION: If the project is not approved for advertising, it will not be constructed. PROOF OF PUBLICATIONE TO (2015.5 C.C.P.) ONTRfOtGV'{IA= The Public works Director will I STATE OF CALIFORNIA recoNa sealed bids at the County of Contra Costa Public Works ,Department, C.C.Rich Building,256 Gla- cier Drive, Martinez, C Chios, i am a citizen of the United States and a resident of the i "�ta 'y until o'- clock county aforesaid; I am over the age of eighteen years, �at bwhich $time they will be and not a party to or interested in the above-entitled for'%YAYLU BLV c1PL matter. ANT HILL RD. OVERLAY 3 TAYLOR BLVD.GUARD RAIL € am the Principal Legal Clerk of the Contra Costa Times, UPGRADE. a newspaper of general circulation, printed and published General wort, description; U at 254a� Shade;ands Drive in the City of Walnut Creek, I Work consists of overt ng a s County of Contra Costa, 94553. 4 ayorsoulortion of ew th mead concrote, pianning existing mast t,corrionriin to ex- And which newspaper has been adjudged a newspaper of side ac ts ani drive- general circulation by the Superior Court of the County of Mment, V noinstaln w baa sh Contra Costa, State of California, under the date of cushions,a concrete barrier, October 22, 1934, Case plumber 19754. and mask striping.The wont shall be done in accordance. with offSoiaf pians and,spocK- The notice, of which the annexed is a printed copy (set in canons in reference thereto. tyre not Smaller than nonpareil), has been published in c inserts coat estirnats: each regular and entire issue of said newspaper and not {,eco in any suppiement thereof on the following dates,to-wit: A 30AL CP to PERCENT DISADVANTAGED BUSINESS A �FEs�P .A ril P4hORHjRO7 t all in the year of 1995 Contract Documents,Iftclud-I ing plans and ap ecfficanons, may be viewed and#or ob- certify (or declare) under penalty of perjury that the tainted at the Public works foregoing is true and correct. tngo �G;ac r 6 Marti- -rtaz, Ca{:Pcmla 946b�3-A887 Executed a` %a; tit Creek, California. !Monday - Tnurscfay t7:t�u am:-.2 Noon a d i. p.m. On this 14 day of April, 1999 -s crC P.M)(cicsecl€rsdays'. To obtain Diana and speoit?.- i i cations a'as vita charge Is 4+G rt ,,t................. Orad k £he amount of Si nature 52 86 (ales tax inoiuded). g PIANS AND SPECFiCA- tDNS MAY BE ORDERED BY i Contra Costa Times MAIL FCR AN ADDITIONAL 3 SH;P O Box 4147 FE-E OFF S3.co.CANhactcsD`ING Shalll Walnut Creek, CA 94595 be mads�payable to 'Trial { 1�) 935-2525 County of ContrA Costs'and, be mailed to the above ad- dress.The Public Works 09- Proof of Publication of: partmectdoes not guarantee the arrival.of the plans and ire arc opening date may be ;attached is a copy of the legal advertisement that Ifications in time'or bid- extended b addendum la- d Plans and apaolfioanons sued by the Public Woft De- published) viii not be sant overnight partn'tentnolater than May 7, mai!. i 899,16 which case any bids the contract is subaot to submitted for the origlrai bid state contract nondlscrlmlna- opening will be returned un-r non and corrpilance require- open Sic and aealed U pro 1 menta PuG Pursuant to overn- passu for the extandad isId; went^voce,section 12290. I opening snail be Submitted: Thi Cont actor shall possess cn or before May 26,"893 at# a Class(r12 or Class A Li-; 2M p.m., and will be can." at the time the con-: c erred, read and recorded tract Is awarded. at the same place spac!#fsd Bids must cover the entire above.All proposals received project, end neither Portia: late will be returr.ed un- nor corinngant bids viii be o��peed. considered. Tt.a Said Board reserves the The sucoessful bidder shalt sight to ralect any and all bids furnish a payment bond and or any portion of any bid a oarfomtance bond, and)br,waive any irregularity Mlnfmu.1 wsge rates for this in any aid received. gpeolact as predetermined by For questions regarding Ohs Lhe Secretary of Labor ass set project contact Henry us- forth in th'e PROPOSAL and assyy��Design Division,at(925) CCNTRAC f book.if there is a 3 i 3 23M. difterence between the mirA-1 mum wapa r�tea predstsr-t By order of the Board mined by the Sseoretary of La- of Supervisors boo and the��revaili, wage; of Contra Costa County rates daiermin by e Da Phil Batchator a fmanY f Induabtai Rata- Clerk of the Board Dons for aim?lar aiasS, atios a Lf Supervisors and Of tabor, the Cor„rector and coup Administrator his bubodn aotora shall pay B1'C. .Tumer/227 !3 Dated: I a 1.899 not issue Lhan lira higher Deputy CGT 66§C wa 8. IE�sh April 14,19$3 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 6, 1999 SUBJECT: Facilities Installation Agreement for the Oakley Light Industrial Project-- Phase 1 with the Ironhouse Sanitary district. Project No. 0662-684127 Specific Request(s) or I~iecommendafion(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE and AUTHORIZES the Chair Board of Supervisors to execute the Facilities Installation Agreement in the amount of$34,300 between Contra Costa County and the lronhouse Sanitary District for the design of sanitary sewer facilities for the Oakley Light Industrial Project. IIo FINANCIAL IMPACT: No impact to the General Fund. The cost to the County is estimated to be $34,300 from Redevelopment Funds. M Continued on Attachment: X SIGNATURE: ,. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): _ ACTION OF BOARD ON TP71i 6, T991 APPROVED AS RECOMMENDED VOTE CSE SUPERVISORS X UNANIMOUS (ABSENT lone } AYES: NOES: _ ABSENT: ABSTAIN: ? hereby certify that this is a true and , ;,i•i.;-.... CS:sd copy of an, action taken and entered or, 11PWS1iSHARDATA%GrData\DeW,gnl8asrdOrdersl `s?vnufes of the Board of r ,$t°ervisoles on t`e so 1999\1ronhouse Sanitary District,4-8.doc Odg.ON: Pubic Vdorue(Design Divis€cn) date sh vii. Contact: Chane Spoto(313-2308) TESTE t d: < cc: County AdmiNstra,or,E Kwavor r Auditor-Controller PH!, A CH LOR, Clark of the Sord PW Aocount=.ng CommunityOavelopment Prattini of Sup; t'viszorsy+and County Adm:QS r for By _xD e f SUBJECT: Facilities Installation Agreement for the Oakley Light Industrial Project— Phase 1 with the Ironhouse Sanitary District. Project No. 0662-604173 DATE: April 6, 1999 FACE= 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: The Contra Costa County Public Works Department in conjunction with the February 19, 1998 Agreement with the Redevelopment Agency, will be constructing sanitary sewer facilities as part of the Oakley Light Industrial Project. Since the cost of the facilities is the responsibility of the Redevelopment Agency, this agreement between Ironhouse Sanitary District and Contra Costa County provides the apportionment of the project duties between the County and the Sanitary District. IV. Conseq,uences &Negative Action: Failure to approve the agreement would cancel the installation of the sanitary sewer facilities due to a lack of adequate funds. FACILITIES INSTALLATION AGREEMENT FOR THE OAKLEY LIGHT INDUSTRIAL PROJECT–PHASE 1 PROJECT NO, 0662-6R4127-98 1. hwli= Effective on April 6 , 1999,the COUNTY OF CONTRA COSTA, a political subdivision of the State of California,hereinafter referred to as the"COUNTY," and the IRONTHOUSE SANITARY DISTRICT,a California special district,hereinafter referred to as the "DISTRICT," pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. irnQse od -We ofWor: The COUNTY is constructing a project consisting of extending Carol Lane west to Live Oak Avenue and constructing an east-west cul-de-sac approximately one block south of the Carol Lame extension (hereinafter referred to as the "PROJECT"). As part of the PROJECT,the County will install full sanitary sewer facilities including but not limitedto sewer mains,manholes,cleann outs, and service laterals(hereinafter referred to as "FACILITIES"). The cost of the FACILITIES is the responsibility of the COUNTY. The parties agree that the DISTRICT should design the FACILITIES in accordance with the Central Contra Costa Sanitary District's Standard Specifications and Drawings dated 1993. The purpose of this Agreement is to provide for the design and construction of the FACILITIES and the apportionment of PROJECT duties and costs between the COUNTY and the DISTRICT. 3. gsd. A. The COUNTY shall perform the following activities: 1) Act as lead agency. 2) Acquire all right-of-way necessary for the PROJECT. 3) Obtain environmental clearance for the PROJECT pursuant to the California Environmental Quality Act(CEQA), and secure all necessary permits to construct the PROJECT. 4) Perform all design and construction engineering, surveys, materials testing, and inspection of the PROJECT, with the exception of the FACILITIES design, inspection, and testing specified in this agreement to be performed by the DISTRICT. 5) Prepare plans and specifications for the PROJECT and incorporate the plans and specifications furnished by the DISTRICT into one set of plans and specifications for the PROJECT described above. 6) Consult with the DISTRICT on any necessary changes or extra work related to the FACILITIES prior to the issuance of any contract change orders. 7) Provide the DISTRICT with PROJECT improvement plans (plan and profile) delineating storm drain and domestic water facilities. 1 S) Advertise the PROJECT for public bid and award a contract for construction. 9) After completion of the construction work and the final acceptance of the PROJECT by the COUNTY,the COUNTY shall deliver to the DISTRICT one set of full size reproducible drawings and two sets of prints that reflect the"as-built" conditions of the entire PROJECT. The reproducible set shall be of photo quality. 10) Accept the PROJECT work,but not until the DISTRICT has determined that the FACILITIES have been completed to its reasonable satisfaction. B. The DISTRICT shall perform the following activities: 1) Design the FACILITIES in accordance with the Central Contra Costa Sanitary District's Standard Specifications and Drawings dated 1993. 2) Provide the COUNTY a copy of the technical specifications in Microsoft Word format for incorporation into the plans and specifications for the PROJECT. 3) Perform the following testing and inspection of the FACILITIES in accordance with the DISTRICT'S latest standard practice and procedures: a. Air testing of pipelines b. Balling and flushing pipelines c. Construction inspection 4) Perform a joint final inspection of the FACILITIES with the COUNTY. 5) Consult with the COUNTY, as necessary, to ensure that the FACILITIES are constructed properly. 6) Prepare and submit to the COUNTY a report of the costs incurred in accordance with Section 5(b). 4. Finangial E=gnsihiliW The COUNTY shall pay all costs for the FACILITIES, including preliminary engineering,construction inspection.,construction engineering,construction contract and contract administration performed by the DISTRICT and/or its consultant. 5. D-woaft=d A iustment. (a) Within 14 days of execution of this agreement, the CC3UNgY shall deposit with the DISTRICT the sunn of$32,000 which represents the estimated cost to cover the expenses of the DISTRICT for design, engineering, inspection, and contract administration, as set forth in attached Exhibit A. The COta'NTY's maximum obligation for expenses covered by this section shall be$34,340,unless advance,written consent to a higher figure is given by the Public Works Director or his designee. 2 (b) Within sixty days of acceptance of the PROJECT, the DISTRICT shall deliver to the COUNTY a report of project expenses,together with a hill for the additional amount owed to the DISTRICT, if the DISTRICT's costs exceed the deposit paid. Payment for the amount owed to the DISTRICT,if any,shall be made no later than forty-five days after the date of billing by the DISTRICT. If the DISTRICT's costs are less than the deposit paid, the excess shall be refunded to COUNTY within sixty days of acceptance of the PROJECT. 6. Ins rance and Hold.Har lh.— ° (a) The contract documents for the PROJECT shall include provisions requiring the contractor to provide business and automobile liability insurance and indemnification naming the DISTRICT, its officers and employees to the same extent as provided to the COUNTY. If the DISTRICT fires consultants to perform any work delegated to the DISTRICT under this Agreement,each contract shall include previsions requiring the consultant to provide business and automobile liability insurance and indemnification naing the COUNTY,the Redevelopment Agency of Contra Costa County,their officers,agents,and employees as additional insureds and indemnitees and,in the case of design contracts, shall also require the design consultant to fiu-nish professional liability (errors and omissions) insurance covering the same parties. (b) Neither the DISTRICT,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 the COUNTY in connection with any work delegated to the 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 DISTRICT,its officers and employees against the same,except as provided otherwise in Section.7(b). (c) ".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 the DISTRICT in connection with any work delegated to the.DISTRICT under this Agreement, and to the extent not covered by the above-described insurance or indemnification, the DISTRICT shall defend,indemnify, save and hold harmless the COUNTY,its officers and employees against the same. (d) The DISTRICT acknowledges that entry into the construction area carries with it a certain risk and agrees to release the COUNTY, its officers and employees from any liability for death of,or injury to, the DISTRICT's representative(s)while present in the construction area, except for liability resulting from the sole negligence or willful 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. 3 (a) Upon completion of the PROJECT, the COUNTY and the DISTRICT shall conduct a joint final inspection. After the DISTRICT has determined that the FACILITIES have been completed to the DISTRICT's reasonable satisfaction, the COLINTY shall accept the PROJECT as complete for itself and for the DISTRICT. The DISTRICT shall not unreasonably withhold or delay its determination of PROJECT completion. (b) Upon the COUNT TY's acceptance of the PROJECT, the DISTRICT shall own and be responsible for maintaining the FACILITIES and, notwithstanding the provisions of Section 6(b), shall defend,indemnify, save, and hold harmless the COUNTY, its officers and employees against any and 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 FACILITIES. 8. Agr=m=j Modi its; This Agreement shall be subject to modification only by the written consent of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which the Agreement is drafted. 9. &,eons; 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. t0. `ty: As required by Government Code Section 6505,both parties to this Agreement shall provide strict accountability of all finds received for the PROJECT. It. A9reeme1UT=ina ion• Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the payment or refund described in Section 5(b) above. The provisions of Sections 6(b),6(c), 6(d), and 7(b)shall survive any termination of this Agreement. COUNTY OF CONTRA COSTA IRONIOUSE SANITARY DISTRICT r oard of Supervisors President and of Da dors � r ATTEST: April 6, 1999 A'T'TEST. Phil Batchelor,Clerk of the Board of Supervisors and County Administrator BY: Deputy 4 I Secretary,Board of Directors RECOMMENDED FOR APPROVAL: FORM APPROVED: J. Michael Walford, Public Works Director Deputy Pub is Works Director District Counsel FORM APPROVED: 'victor J. Westman, County Counsel By: Deputy g:\desigr,\Diar,e\Oskley 4127\lronhouseJepa 5 ss;.. L 0 C7 © Lo f00 ? CQ h p 'o 0 � CIJ c) M !i1 f:3 N E! b 4,P,. w 00 Cat N LV LU 4- C) � ° co LO LO 4- tao 4pr 4D11- 0 0 0 0 1-4 1-4 AC to P o co 0 0 0 0 ! uj � cr cv cv n � c a N .0 Vt <C 'It <C 'CC tai o v 0 LLJ LL! ui U.3 *° o a o ca so Co v co 3 Ltd C tt3 0 tID �"t C CS 0 a 4U Vii CL Ca tl � °�tn � C ) L) C +- 4- � tj �` L- cL LU Ftj TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 6, '1999 SUBJECT: Facilities Installation Agreement for the Oakley Light Industrial Project— Phase 1 with the Diablo Water District. Project No. 0662-684127 Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE and AUTHORIZES the Chair Board of Supervisors to execute the Facilities Installation Agreement in the amount of$40,000 between Contra Costa County and the Diablo Water district for the design of water facilities for the Oakley Light Industrial Project. II. FINANCIAL IMPACT: No impact to the General Fund. The cost to the County is estimated to be $40,000 from Redevelopment Funds. a Continued on Attachment. _X_-. SIGNATURE: ,ZZ89�,� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE{S}. ACTION OF BOARD ON April 6, 1999 APPROVED As RECOMMENDED � V TE OF SUPERVISORS UNANIMOUS{ABSENT Noce } AYES: NOES. ABSENT., ABSTAIN; Ds:sc I hereby certify that this is a trus and 4.v fed G:tGrpData%DssignkBoardOrdersW1999\DiabioVstwarDistdct"-doe *»;SJpy of an action taken and entered oil 0--4 Div: puNic Works(Design Division) Contact: Diane&:oto(3?3-2306) minutes of the Board of Supervisors or, jha- cc: county Administrator,E.Kuevor date shown RudAroontroiter ^p� PW Recounting �.� i� f D, � . w CommunityDevsiopment- .FnitVni PET.BATC R, lerl of the Board of Ser�Al�rs County Adminraft', By .�� SUBJECT: Facilities Installation Agreement for the Oakley Light Industrial Project— Phase 1 with the Diablo Water district. Project No. 03662-684127 DATE: April 6, 1999 PAGE: 2 III. REASONS FOR RECO MMENDATIONIEACKGROUND: The Contra Costa County Public Works Department in conjunction with the February 10, 1998 Agreement with the Redevelopment Agency, will be constructing water facilities as part of the Oakley Light Industrial Project. Since the cost of the facilities is the responsibility of the Redevelopment Agency, this agreement between Diablo Water District and Contra Costa County provides the apportionment of the project duties between the County and the Water District. IV. Consequences of Negative Action: Failure to approve the agreement would cancel the installation of the installation of water facilities due to a lack of adequate funds. FACILITIES INSTALLATION AGREEMENT FOR THE OAKLEY LIGHT INDUSTRIAL PROJECT®PHASE 1 PROJECT NO. 0662-6R4127-98 1. Ear, . Effective on Apr?1 6 , 1999, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California,hereinafter referred to as the "COUNTY," and the DIABLO NATER DISTRICT, a California special district, hereinafter referred to as the "DISTRICT," pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. ,moo e and Sop of Werk: The COUNL TY is constructing a project consisting of extending Carol Lane west to.Live Oak Avenue and constructing an east-west cul-de-sac approximately one block south of the Carol Lane extension (hereinafter referred to as the "PROJECT"). As part of the PROJECT, the County will install full water facilities including but not limited to water mains, service laterals, and water meter boxes(hereinafter referred to as"FACILITIES"). The cost of the FACILITIES is the responsibility of the COUNTY. The parties agree that the DISTRICT should design the FACILITIES in accordance with the DISTRICT's Standard Specifications and Drawings dated November 1997. The purpose of this Agreement is to provide for the design and construction of the FACILITIES and the apportionment of PROJECT duties and costs between the COUNTY and the DISTRICT. 3, rbc A. The COUNTY shall perform the following activities: 1) Act as lead agency. 2) Acquire all right-of-way necessary for the PROJECT. 3) Obtain environmental clearance for the PROJECT pursuant to the California Environmental Quality Act(CEQA), and secure all necessary permits to construct the PROJECT. 4) Perform all design and construction engineering, surveys, materials testing, and inspection of the PROJECT, with the exception of the FACILITIES design, inspection, and testing specified in this agreement to be performed by the DISTRICT. 5) Prepare plans and specifications for the PROJECT and incorporate the plans and specifications furnished by the DISTRICT into one set of plans and specifications for the PROJECT described above. 6) Consult with the DISTRICT on any necessary changes or extra work related to the FACILITIES prior to the issuance of any contract change orders. 7) Provide the DISTRICT with PROJECT improvement plans (plan and profile) delineating storm drain and sanitary sewer facilities. 1