HomeMy WebLinkAboutMINUTES - 07271993 - 1.5 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 27, 1993
SUBJECT: Approve Joint ,Exercise of Powers Agreement with Stege Sanitary District for sanitary
sewer work included in the Kensington Roads Improvement Assessment District Project
Project No. 4500-6X5234-92
Specific Request(s) or Recommendations) & Background & Justification
I. RECOMMENDED ACTION:
APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and Stege
Sanitary District for sanitary sewer work to be included in the Kensington Roads Improvement
Assessment District Project in the Kensington area.
AUTHORIZE the chairperson to execute the Agreement.
II. FINANCIAL IMPACT:-
The estimated cost of the sanitary sewer work described in this agreement is $450,180 (funding
by Kensington Roads Improvement Assessment District).
III. REASONS FOR RECOMMENDATION/BACKGROUND:
Several Stege Sanitary District sewer facilities are in conflict with the road improvements
proposed in the Kensington Roads Improvement Assessment District Project and need to be
relocated. To avoid the extra expense and disruption that constructing the sewer modifications
separate from the road improvements would entail, the County and the District desire that the
sanitary sewer work be constructed as part of the Assessment District Project. Funding for this
work has been included in the Assessment District budget as a separate "Sewer Modification
Assessment."
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE _ OTHER
SIGNATURE(S):
ACTION OF BOARD ONJUL: 2 7 1993 APPROVED AS RECOMMENDED V OTHER
VOTE OF SUPERVISORS
t/ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
JO:jlg
c\BO:bo27.t7
I hereby certify that this is a true and correct copy Of
an action taken and entered on the minutes of the
Orig. Div: Public Works(Design Division) Board of Supeown.
Contact: Joe Olsen (313-2284) ATTESTED: � �
cc: County Administrator
Attn: E.Kuevor PHIL BATCHELOR,Clerk of the Board
ty Adm
Auditor-Controller
Of Supervisors and inistrator
PW Accounting
Construction By ,. Deputy
Community Development
Approve Joint Exercise of Powers Agreement with Stege Sanitary District for sanitary sewer work
included in the Kensington Roads Improvement Assessment District Project
July 27, 1993
Page 2
IV. CONSEQUENCES OF NEGATIVE ACTION:
A negative action would cause the sewer work to be advertised and constructed under a
separate contract from the road improvements resulting in an increase in the overall cost and
a decrease in the quality of the final product.
JOINT EXERCISE OF POWERS AGREEMENT C r� f ,
PROJECT NO. 4500-6X5234-92 y
1. Parties: Effective on - v L-'t 27 , 1993, the COUNTY OF CONTRA COSTA,
a political subdivision of the State of Califomia, hereinafter referred to as the "COUNTY,"
and the STEGE 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: r.
2 Pumose and Scooe of Work: The COUNTY is constructing a project consisting of the
pavement rehabilitation of several roads in Kensington (hereinafter referred to as the
"COUNTY's project"). This project has been separated into seven phases, five of which
are road reconstructions and two of which are pavement overlays. The first phase is
scheduled to be constructed in the summer of 1993, and the last phase is scheduled to
be constructed in the summer of 1995. Within the limits of the COUNTY's project the
DISTRICT owns facilities that will need to be adjusted or replaced as a result of the
COUNTY's project: This work consists of replacing several sanitary sewer mains,
manholes and privately-owned laterals within the roads to be reconstructed,and adjusting
manholes within the roads to be overlaid (hereinafter referred to as the "DISTRICT's
work"). The scope of the DISTRICTs work is set forth in attached Exhibit "B." Upon
request by the DISTRICT, the estimated cost for completing the DISTRICTs work was
included as a separate assessment in the Kensington Roads Improvement Assessment
District. In order toavoid the extra expense and disruption that separate construction of
the COUNTY's project and the DISTRICTs work would entail, the parties desire that the
DISTRICT's work be constructed as a part of the COUNTY's project. The purpose of this
Agreement is to provide for joint construction of the DISTRICTs work and the COUNTY's
project (hereinafter referred to as"JOINT project") and the apportionment of project duties
and costs between,the COUNTY and the DISTRICT.
3. Method:
A. The COUNTY shall perform the following activities:
1) Act as lead agency.
2) Prepare plans and specifications for the JOINT project described above,
including the design for the DISTRICTs work.
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3) Advertise the JOINT project for public bid and award a contract for project
construction.
4) Perform all construction engineering, surveys, materials testing, contract
administration and inspection of the JOINT project, with the exception of
that inspection or testing to be performed by the DISTRICT.
5) Accept the JOINT project when the COUNTY has determined that said work
has been completed.
B. The DISTRICT shall perform the following activities:
1) Perform design review of the DISTRICT's work and furnish comments to the
COUNTY for incorporation into the plans and specifications for the JOINT
project.
2) Provide prompt issuance of DISTRICT permits to the contractor doing the
DISTRICTs work.
3) Perform "on-call" construction inspection and testing of the DISTRICT's
work:
4) Participate in the final inspection and recommend to the COUNTY the
acceptance of the DISTRICTs work.
5) Consult with the COUNTY, as necessary, to enable the JOINT project to be
properly completed.
6) Prepare a report of time spent by DISTRICT staff and bill the COUNTY for
design review and construction inspection of the DISTRICTs work.
4. Financial Responsibility: The total estimated cost of the DISTRICT's work is $450,180,
which includes design, construction, administration and inspection of the work. The
estimated quantity,and cost breakdown of the DISTRICTs work is set forth in attached
Exhibit 'W. The ,Kensington Roads Improvement Assessment District budget has
$450,180 allotted for the DISTRICTs work. These funds shall be used to pay for all costs
of constructing the DISTRICTs work set forth in Exhibit "B" with a total maximum of
$7,503 reimbursement to the DISTRICT for design review, construction inspection and
testing by the DISTRICT. The DISTRICT shall pay for all costs of any changes or extra
work requested by the DISTRICT. The COUNTY shall pay for all costs of any changes
or extra work requested by the COUNTY.
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i
5. Final Payment: Within sixty days of acceptance of the final phase of the JOINT project,
the DISTRICT shall. deliver to the COUNTY a detailed bill for the time spent by DISTRICT
personnel in performing design review, construction inspection and testing of the
DISTRICT's work. The amount of this bill shall not exceed $7,503. If the bill received from
the DISTRICT exceeds the amount of any changes or extra work requested by the
DISTRICT, the COUNTY shall pay the difference to the DISTRICT no later than forty-five
days after receipt of billing. If the amount of any changes or extra work requested by the
DISTRICT exceeds the bill delivered to the COUNTY, payment of the difference shall
accompany the bill.
6. Insurance and Hold Harmless:
i
A. The contract documents for the JOINT project shall include provisions requiring
the contractor to provide insurance and indemnification naming the DISTRICT, its
officers and!employees to the same extent as provided to the COUNTY.
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 7B.
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 representatives)while present
in the construction area, except for liability resulting from the sole negligence or
wilfful 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.
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7. Acceptance and Maintenance:
A. Upon completion of the JOINT project, the COUNTY shall conduct the final
inspection, with the DISTRICT participating in inspection of the DISTRICTs work.
After receiving the DISTRICTs recommendation for acceptance of the DISTRICTs
work,the COUNTY shall accept the JOINT project as complete for itself and for the
DISTRICT. The DISTRICT shall not unreasonably withhold or delay its
recommendation for acceptance of the DISTRICTs work.
B. Upon acceptance of the JOINT project, the DISTRICT shall own and be
responsible for maintaining the DISTRICTS work, excepting privately-owned
laterals, and, notwithstanding the provisions of Section 6B., 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 DISTRICTs work.
8. Agreement Modification: This Agreement 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 the Agreement
is drafted.
9. 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
the COUNTY.
10. Accountability: As required by Government Code Section 6505, both parties to this
Agreement shall provide strict accountability of all funds received for the JOINT project.
11. Acireement Termination: Unless terminated earlier through the mutual, written consent
of the parties,this Agreement shall terminate upon the final payment described in Section
5 above. Notwithstanding termination of this Agreement, the provisions of Section 7B.
shall survive such termination.
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COUNTY OF CONTRA COSTA STEGE SANITARY DISTRICT
By: / /J��'K-S By:
Chairperson, Board of Supervisors President, Board of Directors
ATTEST: ATTEST:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Deputy LAWRENCE C R AARD
Secretary of a Board
RECOMMENDED FOR APPROVAL: FORM APPROVED:
J. Michael Walford,
Public Works Director
By: �� By.
Deputy Public Works Director District Counsel
FORM APPROVED:
Victor J. Westman, County Counsel
Deputy
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