Loading...
HomeMy WebLinkAboutMINUTES - 01281997 - C6 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JANUARY 21, 1997 SUBJECT: Joint Exercise of Powers Agreement for the Reconstruction of the Byron Bethany Irrigation Canal Crossing at Armstrong Road, Byron Area Project No.: 0662-6R4067-95 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a Joint Exercise of Powers Agreement between the County and the Byron Bethany Irrigation District to provide for the engineering, design and reconstruction of the irrigation canal crossing at Armstrong Road in the Byron area. II. Financiallmpact: The estimated cost of participation is $18,000, funded by road funds (100%). III. Reasons for Recommendations and Background: The Public Works Department is currently preparing plans and specifications to widen Armstrong Road in the Byron area. The proposed road alignment will cross the Byron Bethany Irrigation Canal and will require that its crossing be lengthened to accommodate the new road section. The Byron Bethany Irrigation District will be replacing their crossing at this location in February 1997. In order to avoid disruption of the irrigation facilities for the road widening, and to eliminate the need for this coordination as a part of the road project, the County will participate with the Irrigation District in their replacement project. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JAN 2 8„199? APPROVED AS RECOMMENDED OTHER V�TE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the DMR/BF:pe Board of Supervisors on the data shoown. g:\Design\BO\6021.t1 ATTESTE011 91 PHIL BATCHELOR,Work of the board Contact: Denis Regan, (510)313-2232 OfSuper Ism and CountyAd✓ninwrator Orig. Div: Public Works(Design Division) cc: Auditor-Controller ey \,h I A PC 1i L J Community Development County Administrator PW-Accounting Construction R.Gilmore, Byron Bethany Irrigation District Joint Exercise of Powers Agreement for the reconstruction of the Byron Bethany Irrigation Canal Crossing at Armstrong Road, Byron Area PAGE 2 JANUARY 21, 1997 III. Reasons for Recommendations and Background: (Continued) The costs associated with this participation would be expended in the future widening project regardless of the current participation. Delaying the extension until the road project is constructed would result in additional coordination and right of way costs and potentially delay the project as the canal is only accessible in the winter months. The Joint Exercise of Powers Agreement defines the terms and conditions under which the project is to be developed, designed and financed. Specifically, the agreement outlines the duties and obligations of the Byron Bethany irrigation District and County, including a scope of work and detailed activity list. IV. Consequences of Negative Action: Delay in approving the Agreement will result in the County not participating in the reconstruction project. MINASIAN, MINASIAN, MINASIAN, SPRUANCE, BABER, MEITH & SOARES LLP ATTORNEYS AT LAW PAUL R. MINASIAN, INC. (A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS) JOHN CARELTON GRAY, 1872-1913 WILLIAM H. SPRUANCE- INC. 1681 BIRD STREET CARLETON GRAY, 1893-1944 WILLIAM H. BASER III, INC. PAUL JACKSON MINASIAN, 1933-1961 JEFFREY A. MEITH P. O. BOX 1679 M. ANTHONY SCARES OROVILLE, CALIFORNIA 95965-1679 DAVID H. MINASIAN, RET, 1989 MICHAEL V. SEXTON TELEPHONE (916)533-2685 TIM O'LAUGHLIN FACSIMILE (916)533-0197 WILLIAM C. PARIS, III MICHELLE DECASTRO January 14, 1997 Mr. Rick Gilmore, Manager Byron-Bethany Irrigation District 3944 Main Street P.O. Box 160 Byron, CA 94514 Re: Contra Costa County Armstrong Road Crossing Agreement Dear Rick: I have reviewed the final language set forth in the "Joint Exercise of Powers Agreement Between Contra Costa County and the Byron-Bethany Irrigation District for the Reconstruction of the Canal Crossing at Armstrong Road" bearing Project Number 0662- 6114067-95. The language and the Agreement are satisfactory. Enclosed are both original documents which I have executed on the appropriate lines. I understand upon Board approval that you will forward fully executed documents to Contra Costa County pointing out in a cover letter that page 5 is "blank" and bears no additional intent or meaning to the language which is already set forth in the Agreement in paragraphs 1 through 11 concluding on page 4. Thanks. Very truly yours, MINASIAN, MINASIAN, MINASIAN, SPRUANCE EIT & SOARES LLP By: — WILLI H. ER II WHB:bf Enclosures JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE BYRON BETHANY IRRIGATION DISTRICT FOR THE RECONSTRUCTION OF THE CANAL CROSSING AT ARMSTRONG ROAD PROJECT NO. 0662-6114067-95 1. Parties: Effective on / — .X3 , 1997, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the BYRON BETHANY IRRIGATION DISTRICT, a governmental agency acting under and by virtue•of Division 11 of the California Water Code, hereinafter referred to as "DISTRICT", pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Description of Project and Purpose of this Agreement: The DISTRICT is reconstructing the existing canal crossing under Armstrong Road in the Byron area. The COUNTY has future plans for the reconstruction and widening of Armstrong Road in the vicinity of the canal crossing. In order to avoid the additional expense and disruption that the separate construction of these projects would entail, the COUNTY desires that the DISTRICT include the COUNTY requested extension of the proposed 72-inch pipe canal crossing to 48 feet beyond the existing 50 foot right of way, with 24 feet on the north and south sides of Armstrong Road. This extension will accommodate the future widening and reconstruction of Armstrong Road, reduce the potential of the COUNTY disturbing the DISTRICT's facilities in the future, and eliminate the need for guard railings which will maintain access to the DISTRICT's maintenance roads at all existing points. The foregoing description shall be referred to as the "project". The purpose of this Agreement is to provide for the apportionment of project duties and costs between the COUNTY and the DISTRICT. 3. Proiect Duties of the County and the District: (a) The COUNTY shall perform the following activities: i. Review and approve the DISTRICT prepared construction plans, specifications, and project estimate. ii. Provide the DISTRICT with an encroachment permit, at no cost to the DISTRICT, to perform the project work. iii. Perform a final inspection of the DISTRICT project, and consult with the DISTRICT, as necessary, to enable the project to be properly completed. iv. Perform materials testing and compaction testing within the 50 foot Right-of-Way. (b) The DISTRICT shall perform the following activities: i. Prepare plans, specifications, and project estimate for the project. ii. Perform construction engineering, surveys, materials testing if necessary, and inspection of the project work. The DISTRICT engineer shall coordinate the project. The COUNTY representative shall have no direct contact with any contractor or third party, but shall make all comments and recommendations to the DISTRICT General Manager or designated representative. iii. Accept the project work, but not until the COUNTY has determined that the extension of the 72-inch pipe culvert has been completed to the COUNTY'S satisfaction. iv. Prepare and submit to the COUNTY a report of project expenditures. 4. Apportionment of Costs: (a) The COUNTY shall pay for the construction and installation of the 48 lineal feet of 72-inch reinforced concrete pipe extension with an estimated construction cost of. $16,000. The COUNTY shall pay an amount equivalent to 12.5% of the actual construction cost of the 48 foot pipe extension.to cover the costs incurred for engineering, surveying, materials testing, inspection, and administration associated with this construction. The COUNTY's final payment to the DISTRICT shall be based upon the COUNTY review of the project expenditures. The COUNTY shall not be responsible for construction costs exceeding $16,000 unless prior written approval of such costs is issued by the COUNTY to the DISTRICT. (b) The COUNTY agrees to pay for the cost of future replacements of the 48 feet of 72-inch pipe extension when it has been determined that the 72- inch pipe is approaching the end of its useful life. The useful life of the 72-inch reinforced concrete pipe is estimated at 50 years. The DISTRICT shall determine and advise the COUNTY of the need to replace the pipe. The COUNTY shall be allowed to review the causes for, and to concur with the need to replace the pipe. 2 For the purpose of this paragraph, year one begins on the date of acceptance by the DISTRICT of the completed project. (c) The COUNTY shall not be responsible for, or participate in replacement projects necessitated by the DISTRICT's negligent maintenance activities or negligent inaction which causes damage, canal relocation,. or increase in capacity requirements. (d) The COUNTY understands and agrees. to assume all costs associated with any future lengthening of the 72-inch pipe required for any project funded by the COUNTY. (e) The COUNTY participation in the future replacement of the 72-inch pipe shall be limited to the costs incurred in the replacement of the 48 foot section of the 72-inch pipe being placed under this Agreement. The items of participation in the future replacement project shall be limited to the same items of participation outlined in this Agreement. 5. Insurance and Hold Harmless: (a) Should the DISTRICT or the COUNTY hire a third party (contractor, equipment operator, etc.) to perform any of the project work, the contract or purchase order for the work shall include provisions acceptable to the DISTRICT and the COUNTY requiring the third party to provide indemnification and liability insurance protecting the DISTRICT and the COUNTY, their officers and employees. It shall be the responsibility of the party hiring the third party to ensure that the required indemnification and insurance have been provided before allowing the third party to perform project work. (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 project 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 project 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. 3 04 (d) The COUNTY acknowledges that entry into the construction area carries with it a certain risk and hereby releases the DISTRICT, its officers and employees from any liability for death of, or injury to, the COUNTY'S representative(s), 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: Upon completion of the project, the COUNTY and the DISTRICT shall conduct the final inspection. After the COUNTY has determined that the project. has been completed to the COUNTY's satisfaction, the DISTRICT shall accept the project as complete for itself and for the COUNTY. The COUNTY shall not unreasonably withhold or delay its determination of project completion. Additionally, the DISTRICT shall accept and maintain the 72-inch pipe crossing under Armstrong Road, to it's fullest extension of approximately 100 feet provided that the COUNTY shall cooperate and coordinate with the DISTRICT upon the reconstruction and widening of Armstrong Road in the vicinity of the project such that the DISTRICT facilities are protected and the DISTRICT's water service will continue without interruption, outage, or threatened damage to its facilities. 7. Agreement Modification: This Agreement shall be subject to modification only with the written consent of all the parties. 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 COUNTY. 9. Accountability: As required by Government Code section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the project. 10. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the acceptance of the canal project by the DISTRICT and final payment by the COUNTY to the DISTRICT. Notwithstanding termination of this Agreement, the provisions of sections 4[b], [c], [d], [e], 5[b], [c], and 6 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. 4 5 CONTRA COSTA COUNTY BYRON BET ANY-IRR ATI.ON DISTRI�C� By � : Chairperson, Board of Supervisors President, Bo f IYr for ATTEST: ;L18ITT 7 ATTEST: Phil Batch or�of the Board of Supervisors Betty Compilli and County Administrator Secretary of the Board of Directors By By -� Deput RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL: J. Michael Walford Rick Gilmore Public Works Director General Manager ByBy Form Approved: Form Approved: Victor J. Westman William H. Baber III County Counsel District C Deputy j 22 6