HomeMy WebLinkAboutMINUTES - 10171995 - C22 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: October 17, 1995
SUBJECT: Approve Joint Exercise of Powers Agreement between Contra Costa County and the
Contra Costa County Flood Control and Water Conservation District for the Laurel Road
Embankment/Lindsey Basin project in the Oakley area.
Project No.: 0662-6R4193 (Road Improvements)
:.7566-6D8465 (Flood Control Improvements)
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and the Contra
Costa County Flood Control and Water Conservation District for the Laurel Road
Embankment/Lindsey Basin project.
AUTHORIZE the Chairperson to execute the Agreement for both the County and the Flood
Control District.
II. Financial Impact:
The estimated cost of constructing the Laurel Road Embankment project ($171,000) and the
Lindsey Basin project ($595,000).as described in the Agreement is funded by Road Funds/Area
of Benefit fees and Drainage Area 56 respectively.
There is no impact to the General Fund.
III. Reasons for Recommendations and Background:
Contra Costa County is proposing to construct a road embankment for the future connection of
Laurel Road to the State Route 4 Bypass. Adjacent to the proposed em a kment site, the Contra
Costa County Flood Control District proposes to expand the exi in i sey Detention Basin by
Continued on Attachment: X SIGNATURE: `
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Octa� i7,) /9195'_APPROVED AS RECOMMENDED—OTHER_
VOjE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SK:eh
c:BO17Laurel.tl O 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(TIE Division) Board of Supen4sora On the date shown.
9s�
Contact: Nancy Wein Tel. 313-2275 ATTEVIM.
PHIL BATCH'!( -r ',
cc: County Administrator ° of Supervisors and County NJrr inistrator
Auditor-Controller
PW Accounting �Deputy
M.Morton, Flood Control
Approve Joint Exercise of Powers Agreement between Contra Costa County and the
Contra Costa County Flood Control and Water Conservation District for the Laurel Road
Embankment/Lindsey Basin Project.
Page 2
October 17, 1995
excavating approximately 160,000 cubic yards of material from the site. In order to avoid the
extra expense and disruption that separate construction of these projects would entail, the County
and the Flood Control District have agreed to use approximately 100,000 cubic yards of the
material excavated from the Lindsey Detention Basin project to construct the Laurel Road
embankment.
The purpose of the Agreement is to provide for joint construction of the two projects and the
apportionment of project duties and costs between the County and the Flood Control District.
IV. Consequences of Negative Action:
If the Agreement is not approved and executed, the Laurel Road embankment improvements
will not be constructed.
JOINT EXERCISE OF POWERS AGREEMENT
DISTRICT PROJECT NO.: 7566-6D8465-94
COUNTY PROJECT NO.: 0662-6R4193-94
1. Parties: Effective on , the CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the
State of California, hereinafter referred to as the "DISTRICT," and the COUNTY OF
CONTRA COSTA, a political subdivision of the State of California, hereinafter referred
to as the"COUNTY," pursuant to Government Code section 6500 and following,
mutually agree and promise as follows:
2. Purpose and Scope of Work: The DISTRICT is constructing a project consisting of
expanding the existing Lindsey Detention Basin by approximately 160,000 cubic yards,
placing fill in on-site and off-site locations, installing a new concrete outlet structure and
extending the existing outfall pipe by approximately 800 linear feet (hereinafter referred to
as the"DISTRICT'S project"). Within the same area, the COUNTY plans to construct a
project consisting of the placement of approximately 100,000 cubic yards for the Laurel
Road embankment northeast of Neroly Road (hereinafter referred to as the "COUNTY'S
project"). In order to avoid the extra expense and disruption that separate construction of
these projects would entail, the parties desire that the COUNTY'S project be constructed
as a part of the DISTRICT'S project. The purpose of this Agreement is to provide for
joint construction of the two projects and the apportionment of project duties and costs
between the DISTRICT and the COUNTY.
3. Method:
(a) The DISTRICT shall perform the following activities:
1. Prepare plans and specifications for the joint project described above,
incorporating the design furnished by the COUNTY for the COUNTY'S
project.
2. Advertise the joint project for public bid and award a contract for project
construction.
3. Perform all construction engineering, surveys, materials testing, contract
administration, and inspection of the project work.
4. Accept the project work when the DISTRICT has determined that said
work has been completed.
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5. Prepare and submit to the COUNTY a report of project expenditures.
(b) The COUNTY shall perform the following activities:
1. Assist in the design of the COUNTY'S project and furnish such design to
the DISTRICT for incorporation into the plans and specifications for the
joint project.
2. Review and approve the plans and specifications for the joint project before
joint project is advertised for bid.
3. Participate in the final inspection and recommend to the DISTRICT the
acceptance of the COUNTY'S project.
4. Consult with the DISTRICT, as necessary, to enable the joint project to be
properly completed.
4. Financial Responsibility:
(a) The COUNTY shall pay for all costs of constructing the COUNTY'S project,
including compensation to the DISTRICT for construction engineering performed
by the DISTRICT, as well as all costs of any changes or extra work requested by
the COUNTY. The quantity breakdown and the estimated costs of such
construction are set forth in attached Exhibit A.
A separate work order, number 4193, has been established to accumulate the
COUNTY'S portion of preliminary engineering. All charges to work order 4193
shall be paid by the COUNTY.
The COUNTY'S construction engineering costs will be 12.5% of the COUNTY'S
share of construction costs including extra work requested by the COUNTY.
(b) The DISTRICT shall pay for all costs of constructing the DISTRICT'S project,
including all costs of any changes or extra work requested by the DISTRICT.
A separate work order, number 8465, has been established to accumulate the
DISTRICT'S portion of preliminary engineering. All charges to work order 8465
shall be paid by the DISTRICT.
(c) Should the as-built quantities differ from those set forth in Exhibit A, said
quantities and the costs of the DISTRICT'S project and the COUNTY'S project
shall be adjusted accordingly.
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(d) Within ninety days of the final payment to the contractor, the DISTRICT shall
deliver to the COUNTY a report of project expenditures, together with a bill for
the additional amount, if any, owed to the DISTRICT. 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.
5. Insurance and Hold Harmless:
(a) The contract documents for the joint project shall include provisions requiring the
contractor to provide insurance and indemnification naming the COUNTY, its
officers and employees to the same extent as provided to the DISTRICT.
(b) 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.
(c) 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.
(d) The COUNTY acknowledges that entry into the construction area carries with it a
-certain risk and agrees to release the DISTRICT, its officers and employees from
any liability for death of, or injury to, the COUNTY'S representative(s) while
present in the construction area, except for liability resulting from the sole
negligence or willful misconduct of the DISTRICT.
(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.
6. Acceptance and Maintenance:
(a) Upon completion of the joint project, the DISTRICT shall conduct the final
inspection, with the COUNTY performing inspection of the COUNTY'S project.
After receiving the COUNTY'S recommendation for acceptance of the
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COUNTY'S project, the DISTRICT shall accept the joint project as complete for
itself and for the COUNTY.
(b) Upon acceptance of the joint project, the COUNTY shall own and be responsible
for maintaining the COUNTY'S project and shall defend, indemnify, save and hold
harmless the DISTRICT, 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 said improvements.
(c) Upon acceptance of the joint project, the DISTRICT shall own and be responsible
for maintaining the DISTRICT'S project and 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 said improvements.
7. 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.
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 the
DISTRICT.
9. 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.
10. Surplus Mone3L Any surplus money on hand at the termination of this Agreement shall be
returned to the parties in proportion to the contributions made.
11. Agreeinent Termination: Unless terminated earlier through the mutual, written consent of
the parties, this Agreement shall terminate upon the final payment described in section
4(d) above. Notwithstanding termination of this Agreement, the provisions of section 6(b)
and 6(c) shall survive such termination.
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COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER
CONSIrVATION DISTRICT
By: By: r
Chairperson, Board S ervisors J Chairperson, Boar of Supervisors
ATTEST: ATTEST:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
B J11 By: JA jjjLed
Deputy
RECOMMENDED FOR APPROVAL: FORM APPROVED:
J. Michael Walford,
Public Works Director
By: bid Counsel
v
Deputy Public Works Director
FORM APPROVED:
Victor J. Westman, County Counsel
By: 614
Deputy
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