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Home My WebLink AboutMINUTES - 12031996 - C12 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: December 3, 1996 SUBJECT: Approve Joint Exercise of Power Agreement with the City of Brentwood for flood control and roadway improvements included in the Marsh Creek Channel Improvement Project. Project No.: 7521-6D8466-96 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Joint Exercise of Powers Agreement between Contra Costa County Flood Control and Water Conservation District and the City of Brentwood for flood control and roadway culvert work included in the Marsh Creek Channel Improvement Project in the Brentwood area. AUTHORIZE the chairperson to execute the Agreement. II. Financial lmpact: The estimated cost of the project improvements described in this Agreement is $250,000 (funding by Flood Control Zone 1 funds). III. Reasons for Recommendations and Background: The District and City each own facilities within the project limits that need to be modified. Completion of the project requires right of way acquisition, permits, road closures, and utility relocations. To avoid the extra expense and disruption of constructing separate improvements, the County and City propose to combine all improvements in the Marsh Creek Channel Improvements Project. IV. Consequences of Negative Action: A negative action would cause the culvert work to be advertised under a separate contract from the channel improvements resulting in an increase in the overall cost and a decrease in the quality of the final product. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON DEC 0 3 W APPROVED AS RECOMMENDED OTHER VOyE OF SUPERVISORS �� UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: KE:jlg c\BO:bo\bo3jpa.t11 1 hereby certify that this Is a true and correct copy of an action ialz,za and entered on the minutes of the Contact: Kevin Emigh, (313-2233) board of SupOWSODE theda3sh Ori Div: Public Works (Design Division ATrESTEo: HELL, Clerk /�� g• ( g ) PHIL BATCHELOR,Clerk of the board c: County Administrator ofsupervUmand Courtly adn ramt Attn: E. Kuevor Auditor-Controller of PW Accounting Construction Community Development e . � ar JOINT EXERCISE OF POWERS AGREEMENT PROJECT NO. 7521-6D8466-96 CIP NO. 33625 1. Parties: Effective on , the CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "DISTRICT," and the CITY OF BRENTWOOD, a municipal corporation, hereinafter referred to as the "CITY," pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The DISTRICT and the CITY are constructing a new culvert under Dainty Avenue at Marsh Creek channel (hereinafter referred to as the "PROJECT"). The purpose of this agreement is to provide for joint construction of the PROJECT and the apportionment of PROJECT. duties and costs between the DISTRICT and the CITY. In addition to construction of the new box culvert, the PROJECT includes construction of the entrance and wing walls for the box culvert, relocation of a 20" water main, and grading of the channel both upstream and downstream. 3. Method: The City owns the existing box culvert and Dainty Avenue while the DISTRICT owns Marsh Creek Channel. The PROJECT is therefore at the intersection of the two jurisdictions. A. The DISTRICT shall perform the following activities: 1) Prepare plans and specifications for the PROJECT. 2) Include in the contract documents, provisions for a 1-year warranty on all work performed under the contract. 3) Advertise the PROJECT for public bid and award a contract for PROJECT construction. 4) Obtain environmental clearance for the PROJECT through the processing of California Environmental Quality ACT (CEQA) documents. 5) Perform all design and construction engineering, surveys, materials testing, contract administration and inspection of the PROJECT. 6) Accept the PROJECT work, but not until the CITY has determined that the portion within its jurisdiction has been completed to its satisfaction. 7) Consult with the CITY on any necessary charges or extra work related to the relocation of the 20" water main, prior to issuance of any contract change orders. 8) Prepare and submit to the CITY a report of PROJECT receipts and disbursements. i Q- IPL- 9) Pay all costs for utility relocations not covered under current CITY franchise agreements. B. The CITY shall perform the following activities: 1) Review and approve DISTRICT prepared bid documents prior to award of contract. 2) Provide the DISTRICT and its contractor, at no cost to the DISTRCT or contractor, an encroachment permit to perform the PROJECT work. 3) Perform a joint final inspection of the PROJECT. The DISTRICT shall not accept the PROJECT until the CITY has determined that the work in its jurisdiction has been completed to the CITY's satisfaction. 4) Deed to the DISTRICT, at no cost to the DISTRICT except an administrative charge, the necessary portions of right of way from parcels owned by the CITY (Exhibit "A"), adjacent to Marsh Creek needed to construct the PROJECT and additional improvements downstream scheduled for construction in spring 1998. This will include portions of Hal Porter Homes' dedication to the CITY. 5) Allow a temporary closure of Dainty Avenue to through traffic for a time period necessary to construct the culvert and corresponding to the summer break for local schools. 4. Financial Responsibility: The DISTRICT shall pay for all costs of constructing the PROJECT including preliminary engineering, construction engineering, surveys, materials testing, contract administration and inspection. The CITY shall pay costs it incurs from review and inspection of the PROJECT, and for work associated with relocation of the 20" water main owned by the CITY. 5. Deposit and Adjustment: (a) The DISTRICT shall require that bids identify the cost of the 20" water main relocation. At least twenty (20) days prior to award of the contract, the DISTRICT shall provide the CITY with a copy of the successful bid package that includes the estimated cost for the water main relocation. The CITY shall deposit that amount with the DISTRICT within fifteen days of receipt. (b) Within ninety days of acceptance of the joint PROJECT, the DISTRICT shall deliver to the CITY a report of PROJECT receipts and disbursements, together with a bill for the additional amount owed to the DISTRICT, if the costs of the CITY's relocation exceed the deposit. 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 costs of the CITY's relocation are less than the deposit paid, the excess shall be refunded to the CITY within ninety days of acceptance of the joint PROJECT. 2 6. Insurance and Hold Harmless: A. The contract documents for the PROJECT shall include provisions requiring the contractor and subcontractors to provide insurance and indemnification naming the CITY, its officers, employees, consultants, and agents to the same extent as provided to the DISTRICT. B. Neither the CITY, nor any officer, employee, consultant, or agent 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, the DISTRICT shall defend, indemnify, save and hold harmless the CITY, its officers, employees, consultants, and agents against the same. C. Neither the DISTRICT, nor any officer, consultant, 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 in connection with any work delegated to the CITY under this Agreement, and to the extent not covered by the above- described insurance, the CITY shall defend, indemnify, save and hold harmless the DISTRICT, its officers, employees, consultants, and agents against the same. D. The CITY acknowledges that entry into the construction area carries with it a certain risk and'agrees to release the DISTRICT, its officers, employees, consultants, and agents from any liability for death of, or injury to, the CITY's representative(s) while present in the construction area, except for liability resulting from the negligence or willful misconduct of the DISTRICT. E. The DISTRICT acknowledges that entry into the construction area carries with it a certain risk and agrees to release the CITY, its officers, employees, consultants, and agents, 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 negligence or willful misconduct of the CITY. F. 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. 7. Acceptance and Maintenance: A. Upon completion of the PROJECT, the DISTRICT and the CITY shall conduct the final inspection. After the CITY has determined that the PROJECT has been completed to the CITY's satisfaction, the DISTRICT shall accept the PROJECT as complete for itself and for the CITY. The CITY shall not unreasonably withhold or delay its determination of PROJECT completion. 3 B. Upon acceptance of the PROJECT, the CITY shall own and be responsible for maintaining the box culvert, subject to the provision of the 1-year warranty, and, notwithstanding the provisions of Section 5B., 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 use, operation or maintenance of the box culvert. 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 DISTRICT. 10. Accountability: As required by Government Code Section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the PROJECT. 11. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the conditions described in Section 6 (A) above. However, Sections 6(B), 6(C), 6(D), 6(E) and 7(B) shall survive any termination. 4 12. Integration: This Agreement contains the full and final understanding of the CITY and DISTRICT relative to the PROJECT. DISTRICT OF CONTRA COSTA CITY OF BRENTWOOD By: By: Chairperso jo#EW Supervisors John Morill, Mayor ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of CITY CLERK Supervisors and DISTRICT Administrator By: 4 . By: Deputy Donna J. Rogers, Deputy City Clerk RECOMMENDED FOR APPROVAL: FORM APPROVED: J. Michael Walford, Chief Engineer gy By: Bey Pubis Work irec Pauf And on, Cit Attorney FORM APPROVED: Victor J. Westman, DISTRICT Counsel By: �- 'Deputy g Adesig n\work\ccb rent.]pa 11/26/96 5