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HomeMy WebLinkAboutMINUTES - 09171996 - C2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: September 17, 1996 SUBJECT: Joint Exercise of Powers Agreement for the EI Toyonal Bridge Replacement and Slide Repair Projects. Project No.: 0662- 6U4016. SPECIFIC REQUESTS) OR RECOMMENDATIONS) & RACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chairperson to execute the Joint Exercise of Powers Agreement between Contra Costa County, City of Orinda, and the East Bay Municipal Utility District for the EI Toyonal Road Bridge Replacement and Slide Repair Projects in the Orinda area. It. Financiallm2act: The County is responsible for funding the cost for the replacement of the El Toyonal Bridge. The Board of Supervisors previously approved $75,000 on April 1, 1996. There is no impact to the General Fund. 111. Reasons for Recommendations and Background: The County, City of Orinda, and East Bay Municipal Utility District propose to replace the EI Toyonal Bridge and repair three slides on EI Toyonal Road located between the bridge and Wildcat Canyon Road in the Orinda area. The scope of work consists of (a) replacing the existing timber bridge with a single lane metal bridge including approach work, (b) repairing the slides including grading drainage ditches, installation of culverts and down drains, and providing an all we ther surface, and (c) maintaining the route as an emergency evacuation route. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON D 7-/7– /9'?P APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SK:eh g:\transeng\skovAToyona11BO17Toyo.t9 I hereby certify that this is a true and correct Orig. Div: Public Works ran copy of an action taken and entered on the (Transportation Engineering) minutes of the Board of Supervisors on the Contact: Steve Kowalewski,313-2318 cc: County Administrator date shown. q t. o A �hgoa�t Auditor-Controller ATTESTED:Public Works Accounting PHIL BATCHELOR, Clerk of te J. Bueren,Transportation Engineering of Supervisors and County Administrator M. Hollingsworth, Design By �___._Deputy Joint Exercise of Powers Agreement for the EI Toyonal Bridge Replacement and Slide Repair Projects. September 17, 1996 Page 2 The purpose of the Agreement is to provide for the design, construction, and maintenance of the bridge replacement and slide repairs and the apportionment of project duties and costs between the County, City of Orinda, and East Bay Municipal Utility District. N. Conseauences of Negative Action: If the Agreement is not approved and executed, the bridge replacement and slide repairs will not be constructed. f e LV •- JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY, THE CITY OF ORINDA, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT FOR THE EL TOYONAL ROAD BRIDGE REPLACEMENT AND SLIDE REPAIR PROJECTS PROJECT NO. 0662-6U4016 1. Parties: Effective on Scpte.%ber 1- , 1996, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as "COUNTY", the CITY OF ORINDA, a municipal corporation of the State of California, hereinafter referred to as "CITY', and the EAST BAY MUNICIPAL UTILITY DISTRICT, a public entity, organized and existing under the laws of the State of California, hereinafter referred to as "EBMUD" pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The COUNTY, CITY, and EBMUD propose to replace the EI Toyonal Bridge and repair three slides on EI Toyonal Road located between the bridge and Wildcat Canyon Road in the Orinda area. The scope of work consists of (a) replacing the existing timber bridge with a single lane metal bridge including approach work, hereinafter referred to as the BRIDGE PROJECT, (b) repairing the slides including grading drainage ditches, installation of culverts and down drains, and providing an all weather surface, hereinafter referred to as the SLIDE PROJECT, and (c) maintaining the route as an emergency evacuation route. The purpose of this Agreement is to provide for the design, construction, and maintenance of the BRIDGE PROJECT and SLIDE PROJECT and the apportionment of project duties and costs between the COUNTY, CITY, and EBMUD. 3. Method: (a) COUNTY shall perform the following activities: i. Replace the existing timber bridge with a single lane metal bridge including bridge approaches. The bridge dimensions and loading capability shall be sufficient to allow passage of normal emergency vehicles. The bridge is designed for emergency evacuation only and does not include safety appurtenances for public vehicular use. The bridge may not support heavy construction equipment for fire fighting purposes depending on the selection of the metal bridge. ii. Maintain drainage on EI Toyonal Road between the BRIDGE 1 �I PROJECT and Wildcat Canyon Road after the SLIDE PROJECT is complete. iii. Assist EBMUD and CITY to reopen the road by seeking Federal, State, and Local funding for the repair of the road in the event of a major landslide that is determined to be beyond EBMUD work crew capabilities. iv. Develop with the CITY a mutually acceptable annexation agreement for EI Toyonal Road between Orinda city limits and the north end of EI Toyonal Bridge within the next 12 months. (b) CITY shall perform the following activities: i. Participate financially with EBMUD to fund the SLIDE PROJECT. ii. Accept the responsibility for the maintenance of the El Toyonal Bridge and El Toyonal Road from the Orinda city limits to the EI Toyonal Bridge and the responsibility for maintenance of the all weather surface road between the BRIDGE PROJECT and Wildcat Canyon Road. M. Assist EBMUD and COUNTY to reopen the road by seeking Federal, State, and Local funding for the repair of the road in the event of a major landslide that is determined to be beyond EBMUD work crew capabilities. iv. Install and maintain an access gate on El Toyonal Road at or near the Orinda city limit line. The CITY may choose to modify the existing barrier gate at that location. V. Maintain existing access gate at Wildcat Canyon Road. vi. 'Notify the COUNTY of any future slides that the CITY may become aware of. vii. Develop with the COUNTY a mutually acceptable annexation agreement for El Toyonal Road between Orinda city limits the north end of the EI Toyonal Bridge within the next 12 months. (c) EBMUD shall perform the following activities: i. Use EBMUD forces to regrade the slides, provide an all weather surface, grade drainage ditches, and install culverts and down drains to the north of the EI Toyonal Bridge. The grading and repair shall be 2 1• the-minimum necessary to allow the proper grades and width for emergency vehicle access without materially altering the stability of the slide mass. COUNTY and/or CITY, as appropriate, agrees to provide or waive any grading permits, street encroachment permits, or other permits under their jurisdiction necessary for EBMUD to complete said SLIDE PROJECT work. ii. Regrade the slide area and repair drainage from EI Toyonal Bridge to Wildcat Canyon Road in the event of future slides unless the slide is found by EBMUD to be extensive and beyond EBMUD work crew capabilities. iii. Assist COUNTY and CITY to reopen the road by seeking Federal, State, and Local funding for the repair of the road in the event of a major landslide that is determined to be beyond EBMUD work crew capabilities. iv. Participate financially with CITY to fund the SLIDE PROJECT. 4. Financial Responsibility: (a) COUNTY shall pay a construction cost estimated to be $105,000 for all costs associated with constructing the BRIDGE PROJECT. EBMUD and the CITY shall share the cost (50% EBMUD, 50% CITY) associated with the SLIDE PROJECT, the cost of which is estimated to be$100,000. The CITY's share of the cost shall not exceed $50,000 without prior approval by the CITY. (b) COUNTY shall pay all the costs associated with maintenance of the drainage. (c) CITY shall pay all of the future costs for the EI Toyonal Bridge and EI Toyonal Road from the Orinda city limits up to and including the EI Toyonal Bridge after the bridge is accepted by the COUNTY. (d) CITY shall pay all the costs associated with the maintenance of the all weather surface. (e) In the event of a future slide within the area bounded by the EI Toyonal Road bridge and Wildcat Canyon Road, if EBMUD determines that such a slide does not require an engineered repair, then EBMUD will repair said slide. In the event an engineered repair is necessary the slide will not be repaired by EBMUD. 3 5. Insurance and Hold Harmless: (a) Before any work is performed pursuant to this agreement, the CITY, EBMUD, and the COUNTY shall obtain and maintain in force, the following insurance: (1) Broad Form Comprehensive General Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 for all damages because of bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. (b) The policy or policies, for both regular and any excess insurance, and the riders attached thereto, or the certificates for the policies or riders, shall name the other parties, its officers and agents, as additional insured, and shall provide for notice to the other parties of cancellation, modification, or lapse at least 30 days prior to such cancellation, modification, or lapse of the policy or policies. (c) The insurance hereinabove specified shall be in the form satisfactory to the parties and shall be placed with an insurance company or companies satisfactory to the parties, and shall be kept in full force and effect during the term of this Agreement. (d) Prior to commencement of any work on the project, each party shall furnish, or cause to be furnished to the other parties, certificates of insurance or certified copies of the policies of insurance hereinbefore specified. (e) If the COUNTY, CITY, or EBMUD is self insured, the self insured party shall provide evidence acceptable to the other parties that its self insured program provides the above described minimum coverage and shall provide a certificate adding the other parties to its self insurance. (f) If the COUNTY, CITY, or EBMUD fail to maintain the above described insurance, this Agreement shall automatically terminate immediately. Upon such termination under this paragraph, the COUNTY, CITY, or EBMUD shall not be obligated to perform any further services, but the CITY shall continue to be obligated to pay EBMUD for services performed by EBMUD under this Agreement to the date of termination. (g) Neither the COUNTY, nor any officer or employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY or EBMUD, or in connection with any work delegated to the CITY or EBMUD under this Agreement, and the CITY and/or EBMUD shall defend, indemnify, save, and hold harmless the 4 COUNTY, its governing body, officers, and employees from the same, except as provided otherwise in section 6(a)-(b) below. (h) Neither the CITY, nor any officer or employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the COUNTY or EBMUD, or in connection with any work delegated to the COUNTY or EBMUD under this Agreement, and the COUNTY and/or EBMUD shall defend, indemnify, save, and hold harmless the CITY, its governing body, officers, and employees from the same, except as provided otherwise in section 6(a)-(b) below. (i) Neither the EBMUD, nor any officer or employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the COUNTY or CITY, or in connection with any work delegated to the COUNTY or CITY under this Agreement, and the COUNTY and/or CITY shall defend, indemnify, save, and hold harmless the EBMUD, its governing body, officers, and employees from the same, except as provided otherwise in section 6(a)-(b) below. (j) Nothing in this Agreement is intended or shall be construed to effect the legal liability of any party to third parties by imposing any standard of care greater than that imposed by law. 6. Acceptance and Maintenance: (a) Upon completion of the BRIDGE PROJECT by COUNTY, COUNTY and CITY shall conduct a joint final inspection. After both parties have determined that the BRIDGE PROJECT has been completed to joint satisfaction, COUNTY shall accept the BRIDGE PROJECT as complete for itself and CITY. CITY shall not unreasonably withhold or delay its determination of project completion. Acceptance by the CITY shall not relieve the BRIDGE PROJECT contractor or the COUNTY from responsibility for Design and Construction of the BRIDGE. The CITY shall be provided with all relevant BRIDGE PROJECT warranties and guarantees. Upon acceptance of the BRIDGE PROJECT, CITY shall immediately accept the responsibilities for the bridge and the responsibilities for EI Toyonal Road from the Orinda city limits up to and including the El Toyonal Bridge and notwithstanding the provisions of section 5(h), CITY shall defend, indemnify, save and hold harmless COUNTY and EBMUD, their officers, and employees, and agents 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 use, operation or maintenance of the 5 bridge and EI Toyonal Road from the Orinda city limits to EI Toyonal Bridge. (b) Upon completion of the SLIDE PROJECT by EBMUD and CITY, all the parties shall conduct a joint final inspection. After COUNTY, CITY, and EBMUD have determined that the SLIDE PROJECT has been completed to joint satisfaction, CITY shall continue to provide an all weather surface on EI Toyonal Road from north of EI Toyonal Bridge to Wildcat Canyon Road. EBMUD shall continue to provide a traversable vertical profile and cross section for emergency vehicle access. COUNTY shall maintain the drainage system. (c) In recognition of the temporary nature of the repair, and in view of the shared maintenance responsibility for the section of EI Toyonal Road between the bridge and Wildcat Canyon Road, EBMUD, the CITY and the COUNTY agree to fulfill their respective obligations at their sole expense and agree not to seek restitution or compensation from each other, or seek to assign responsibility for future slide activity or failure of the roadbed to perform its intended function. 7. Agreement Modification: This Agreement shall be subject to modification only with the written consent of all the parties. None of the parities shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose of this Agreement. 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, all parties to this Agreement shall provide strict accountability of all funds received for the joint project. 10. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the acceptance of BRIDGE PROJECT by CITY and final payment by CITY to EBMUD. Notwithstanding termination of this Agreement, the provisions of section 4(b)-(d), 5(g)-(j), and 6(a)-(b) shall survive such termination. 11. The parties hereto recognize and agree that separate counterpart signature pages may be used but that all such pages constitute one and the same Agreement. SKsk g:Vranseng ltoyje pa 1.wpd 6 CONTRA COSTA COUNTY CITY OF ORINDA By By Wl Chairper on oaMof Supervisors City Manage ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By _e Deput RECOMMENDED FOR APPROVAL: RECOMMENDED F O R APPROVAL: J. Michael Walford John L* o Public WoDirector Cit ngine r By C/ Works - By Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel B Y BY De puqDepu 7 EAST,BAY MUNICIPAL UTILITY DISTRICT By John M. Gioia Presi t, Board of Dir ctors ATTEST: B Lynelle M. Lewis e etary of the District RECOMMENDED FOR APPROVAL: By �"�"> • ��'�""'` Dennis M. Diemer General Manager FORM APPROVED: General Counsel By �fC Frederick S. Etheridge Attorney III s