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Home My WebLink AboutMINUTES - 04242001 - C.1 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: April 24, 2001 SUBJECT: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the West County Wastewater District to fund the adjustment of sewer manholes on the 2001 Local RAC Overlays Project. Project No.: 0662-6R4242-01 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the West County Wastewater District to fund the adjustment of sewer manholes on the 2001 Local RAC Overlays Project. AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Exercise of Powers Agreement. s O Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON April 24, 2001 APPROVED AS RECOMMENDED x OTHER I hereby certify that this is a true and correct copy of an VOTE OF SUPERVISORS action taken and entered on the minutes of the Board X UNANIMOUS (ABSENT IV ) of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: FN: ATTESTED: April 24, 2001 G:\GrpData\Design\Board Orders JOHN SWEETEN, Clerk of the Board of Supervisors \B02001\WCWD JEPA Board Order.doc and County Administrator Orig.Div: Public Works(Design) Contact: F.Navarro-313-2264 c: M. Hollingsworth,Design B. Faraone, Design By Deputy Public Works Accounting SUBJECT: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the West County Wastewater District to fund the adjustment of sewer manholes on the 2001 Local RAC Overlays Project: DATE: April 24, 2001 PAGE 2 II. Financial Impact: There will be no impact to the General Fund. The estimated cost to adjust sewer manholes for the West County Wastewater District (WCWD) is $49,400, all of which will be paid for by WCWD. III. Reasons for Recommendations and Background: The County is planning to place approximately 50 millimeters of rubber asphalt concrete overlay on the following County roads within the West County Wastewater District's (WCWD) jurisdiction: Appian Way, Castro Ranch Road, EI Portal Drive, and Olinda Road. There are approximately 93 WCWD sanitary sewer manhole covers that will be adjusted to final grade. WCWD has requested that the County include these adjustments as a portion of the project and has agreed to reimburse the County for this work. IV. Consequences of Negative Action: If the agreement is not approved, the implementation of the project will be delayed and State funds may be jeopardized. r � 4 � WEST COUNTY WASTEWATER BISTRICT 2910 Hilltop Drive Richmond,CA 94806-1974 A Public Agency Telephone(510)222-6700 Fax(510)222-3277 March 22, 2001 '1d30 smom onend Robert V. Faraone, Senior Civil Engineer Contra Costa County LOOZ 9 Z HVA Public Works Department 255 Glacier Drive �, Martinez, CA 94553 [1%5'1 S3 4 Subject: Joint Exercise of Powers Agreement—2001 Local RAC Overlays Dear Mr. Faraone: 1 am pleased to inform you that the West County Wastewater District Board of Directors adopted Resolution No. 3-20-01 D, authorizing execution of the Joint Exercise of Powers Agreement, at their March 20,2001,board meeting. Enclosed are three partially executed Joint Exercise of Powers Agreements. Please return a fully executed Agreement to this District. I am also enclosing Resolution No. 3-20-OID for your records. If you have any questions or need additional information,please contact Paul Winnicki, District Engineer at(510) 222-6700. Sincerely, Pat Williams Secretary to the Board \paw Enclosures: JEPA(3) Resolution No. 3-20-01 D cc: Paul Winnicki, District Engineer John F. Foley, District Manager . BOARD MEMBERS Leonard L. Battaglia Alfred M. Granzella William S. Oliver George H. Schmidt Paul C. Soltow, Jr. BOARD ATTORNEY Alfred A. Cabral DISTRICT MANAGEWrresgofW�\(as $ III RESOLUTION OF THE BOARD OF DIRECTORS OF WEST COUNTY WASTEWATER DISTRICT, COUNTY OF CONTRA COSTA, CALIFORNIA RESOLUTION NO. 3-20—OID APPROVING AND AUTHORIZING EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE WEST COUNTY WASTEWATER DISTRICT FOR COUNTY PROJECT NO. 0662-6R4242-01, 2001 LOCAL RAC OVERLAYS WHEREAS, County of Contra Costa is planning to overlay 2-inches to 3-inches of asphalt concrete on the following County roads: Appian Way, Castro Ranch Road, EI Portal Drive and Olinda Road; and WHEREAS,the West County Wastewater District has approximately 93 sanitary sewer manholes in the paved areas of the project, and manhole covers that will need to be adjusted to final grade; and WHEREAS,County of Contra Costa's estimated construction costs to adjust manhole covers to final grade is approximately$49,400; and WHEREAS, construction work will be completed in FY 2001/02 and funds are available in the FY 2000/01 Comprehensive Budget under Capital Project 701, Collection System Rehab. NOW,THEREFORE BE IT RESOLVED by the Board of Directors of the West County Wastewater District, County of Contra Costa,California,that the President and Secretary are hereby authorized and directed to execute the Joint Exercise of Powers Agreement between the West County Wastewater District and the County of Contra Costa for County Project No. 0662-6R4242-01, 2001 Local RAC Overlays. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Directors of the West County Wastewater District, Contra Costa County,California, at a regular meeting thereof held on the 20th day of March , 2001,by the following vote: AYES: Schmidt, Granzella, Oliver, Battaglia,- Soltow NOES: None ABSENT: None Secretary of th Board of Directors West County Wastewater District Contra Costa County, California Resol/Contracts:Cnty Overlay Project Joint Exercise of Powers Agreement For Funding WCWD Method A Manhole Adjustments 2001 Local RAC Overlays (County Project Number—0662-6R4242-01) v This AGREEMENT is entered into on this oZ� / day of i� , 2001, by and between the COUNTY OF CONTRA COSTA, a political subdivision of the S ate 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 contractor adjust DISTRICT manhole covers during the overlay project (hereinafter PROJECT). The roads on which DISTRICT facilities are located are Appian Way, Castro Ranch Road, EI Portal Drive, and Olinda Road. 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 work or if District will do work with District forces. District to confirm its decision in writing to COUNTY within 10 days after bid opening. (2) Participate in final Inspection and recommend to COUNTY acceptance of manhole cover adjustments(Method A). (3) Reimburse COUNTY for all PROJECT related costs associated with adjusting DISTRICT manhole covers. B. COUNTY shall be responsible for the following: (1) Act as lead agency. (2) Perform design engineering for the PROJECT. (3) Prepare contract plans and specifications for the PROJECT including a separate bid item for the manhole cover adjustments. (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 manhole cover adjustments and related items of the PROJECT. 1 3. Financial Responsibility. A. The DISTRICT's manhole cover adjustments shall be funded by DISTRICT, which shall pay all costs incurred by COUNTY. The costs shall include, but not be limited to, the amount of the construction contract awarded by COUNTY for manhole cover adjustment. DISTRICT will pay additional charges resulting from DISTRICT requested contract change orders, resulting in additional costs to COUNTY for design engineering, preparation of contract documents, contract administration, construction engineering, inspection, overhead, and other incidental costs. The estimated cost of the manhole cover adjustments is $49,400, as detailed in "Exhibit A," attached hereto and incorporated herein. B. No later than 14 days after the advertising for construction of the PROJECT, DISTRICT shall deposit with COUNTY 100% of the estimated funds required to complete the manhole cover adjustment portion of the PROJECT, as shown in Exhibit A. If the bid price for the manhole cover adjustment item of work, as shown in Exhibit A, 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 the supports, within 14 days, DISTRICT shall deposit with COUNTY 100% of the additional funds to bring the total deposit up to the contract bid cost. 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, the excess shall be refunded by COUNTY to DISTRICT within 90 days of acceptance of the PROJECT. C. If DISTRICT determines the bid costs to be excessive, DISTRICT within 10 days of bid opening may, upon mutual agreement with COUNTY, rescind this Agreement. DISTRICT shall then be responsible for adjusting its facilities in coordination with the contractor awarded the PROJECT. 4. Change Orders. All contract change orders involving the manhole cover adjustments shall be approved in 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 manhole cover adjustments as a result of a change order shall be applied to the bid price for manhole cover adjustment as shown in Exhibit A, and paid by, or reimbursed to, DISTRICT as outlined in section 3.B, 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 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. B. DISTRICT shall defend, indemnify, save, and hold harmless COUNTY, its officers, 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 2 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, COUNTY may make by reason of such matters. C. COUNTY shall defend, indemnify, save, and hold harmless DISTRICT, its officers, 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, 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 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 manholes and shall defend, indemnify, save, and 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. 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. 3 12.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 it is contained in this Agreement or in a subsequent written modification of this Agreement executed by the legislative bodies of both parties. COUNTY OF CONTRA COSTA WEST COUNTY WASTEWATER DISTRICT ByV'AB Gay B. UilkerKa, hair Preside oar of Directors Board of Supervisors ATTEST: ATT John Sweeten, Clerk of the Board of Supervisors and County Administrator By Z�� By . ecretary, Board of Di ectors De uty / FORM APPROVED: RECOMMENDED FOR APPROVAL: Maurice M. Shiu Public Works Director By By District Counsel Form Approved: Silvano B. Marchesi County Counsel By Deputy 1/3-to 1 RVF: G:1GrpData\DesignUEPAUEPA-2001 Ol--WCSD.doc Approved by County Counsel 2/20/01 February 22,2001 4 APPENDIX A Estimated Construction Costs West County Wastewater District Manhole Cover Adjustments (Method A) Site Road Location No. of Water Valves 1 Appian Way— San Pablo Dam Road to Pinole City Limits 55 2 Castro Ranch Road — San Pablo Dam road to Olinda Road 3 3 EI Portal Drive — San Pablo Dam Road to ! —80 12 4 Olinda Road —Valley View road to Castro Ranch Road 23 TOTAL 93 Manhole Cover Adjustments 93 X $450 each(est.) _ $41,850 Design Administration 3% bid Item = $1,250 Construction -Engineering /Admin. 15% Bid Item $6,300 TOTAL Estimated Project Cost = $49,400 G:\GrpData\DesignUEPAUEPA-2001 OL-WCSD.doc February 22,2001 5 r , \Y. N i 00 z= 0 Y 8 4 +f �4. t v �• t 6 vs s It Q 0 � O � . cry at a z r W x �? 4 m tU 0 z l� C--D vim? us � a o W 4 La Q ra LiCO1 (4) W 0: CL Li CO cc uiO 4 C3 N f R J� SITE No.1 74 r 4 NO SCALE VICINITY MAP - APPIAN WAY oma. SAN PABLO DAM ROAD TO ALLVIEW AVENUE 2001 OVERLAY- STATE PROJECT SITE No.1 Figure 4 ........... �d � co o 0 r 2cg o ul o cy- o r v o'G xr