HomeMy WebLinkAboutMINUTES - 04201993 - 1.3 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 20, 1993
SUBJECT: Approving Joint Exercise of Powers Agreement between Contra Costa County and
Oakley Water District for water main relocation as a part of the Oakley Road-Empire
Avenue Reconstruction and Signalization Project in the Oakley Area.
Project No.: 0662-6134235
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) $BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Joint Exercise of Powers Agreement between Contra Costa County and Oakley
Water District for the relocation of water lines and appurtenances within Oakley Road.
AUTHORIZE the Chairperson to execute the Agreement.
II. Financial Impact:
The estimated cost of the water main relocations described in the Agreement is $85,632 (100%
funded by the Oakley Water District).
III. Reasons for Recommendations and Background:
The Agreement is needed to provide a funding mechanism for the water main relocation work
to be done in conjunction with the County's Oakley Road-Empire Avenue Reconstruction and
Signalization Project.
IV. Consequences of Negative Action:
The Agreement provides for a joint construction effort, therefore saving time, money and
minimizing the disruption of traffic on Oakley Road.
Continued on Attachment: SIGNATURE: 01_ze, C 9A&E
a
_ RECOMMENDATION OF.COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APR
2 0 1593 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: i hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
ES:jlg Board of Supe on thd shown.
c\BO:bol.t4 ATTESTED: 2 93
PHIL BATCHELOR,Clerk of the Board
Orig. Div: Public Works (Design Division) of Supervisors and Cou Administrator
Public Works (Transp. Engineering)
N �
Contact: E. Schaal (313-2234) By f,.,uty
cc: County Administrator
Auditor-Controller
PW Accounting
ca
JOINT EXERCISE OF POWERS AGREEMENT y
PROJECT NO. 0662-6R4235
1. Parties: Effective on . 1993, the COUNTY OF CONTRA COSTA, a
political subdivision of the State of California, hereinafter referred to as the
"COUNTY," and the Oakley Water 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:
2. Purpose and Scope of Work: The COUNTY is constructing a project consisting
of reconstructing Oakley Road between Live Oak Avenue and Empire Avenue in
the Oakley area (hereinafter referred to as the "COUNTY's project"). Within the
same area, the DISTRICT plans to construct a project consisting of
replacing/relocating portions of its existing water line (hereinafter referred to as the
"DISTRICTs project"). In order to avoid the extra expense and disruption that
separate construction of these projects would entail, the parties desire that the
DISTRICT's project be constructed as a part of the COUNTY'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 COUNTY and the
DISTRICT.
3. Method:
(a) The COUNTY shall perform the following activities:
1. Act as lead agency pursuant to CEQA.
2. Acquire all right-of-way necessary for the COUNTY'S project.
3. Prepare plans and specifications for the joint project described
above, incorporating the design furnished by the DISTRICT for the DISTRICT's
project.
4. Advertise the joint project for public bid and award a contract for
project construction.
5. Perform all construction engineering, surveys, materials testing,
contract administration and inspection of the project work, with the exception of
that inspection or testing to be performed by the DISTRICT.
6. Approve and accept the project work when the COUNTY has
determined that said work has been properly completed.
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7. Prepare and submit to the DISTRICT a report of project receipts and
disbursements.
8. Consult with the DISTRICT, as necessary, to enable the joint project
to be properly completed.
(b) The DISTRICT shall perform the following activities:
1. Act as a responsible agency pursuant to CEQA.
2. Design the DISTRICT's project and furnish such design to the
COUNTY for incorporation into the plans and specifications for the joint project.
3. Perform full-time construction inspection and testing of the
DISTRICT's project.
4. Participate in the final inspection and recommend to the COUNTY the
acceptance of the DISTRICT's project.
5. Consult with the COUNTY, as necessary, to enable the joint project
to be properly completed.
6. Acquire right-of-way necessary for the DISTRICT'S project.
4. Financial Responsibility: The DISTRICT shall pay for all costs of constructing the
DISTRICT's project, including compensation to the COUNTY for preliminary
engineering, construction engineering and contract administration performed by
the COUNTY, as well as all costs of any changes or extra work requested by the
DISTRICT or required by field conditions. The estimated quantity breakdown and
the estimated costs of such construction are set forth in attached Exhibit"A." The
COUNTY shall pay for all costs of constructing the COUNTY's project, including
all costs of any changes or extra work requested by the COUNTY or required by
field conditions.
5. Deposit and Adjustment:
(a) At least ten days prior to the COUNTY advertising for construction bids,the
DISTRICT shall deposit with the COUNTY the sum of$85,632.48,which represents
the estimated cost of the DISTRICT's project, and which includes a sum to cover
contract contingencies and percentage compensation to the COUNTY for
preliminary engineering, construction engineering and contract administration. All
interest accruing on the deposit shall be credited against the DISTRICT's share of
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the joint project costs. Should the DISTRICT fail to make its deposit on time, the
DISTRICTs project shall be deleted from the joint project, and, promptly upon
demand,the DISTRICT shall compensate the COUNTY for preliminary engineering
as specified in Exhibit "A."
(b) Should the lowest bid received by the COUNTY exceed by ten percent or
less the amount estimated for the DISTRICT's project,the DISTRICT shall promptly
increase its deposit prior to the COUNTY's award of a construction contract, and
the amounts set forth in Exhibit "A" shall be increased accordingly. In the event
of a bid overrun exceeding ten percent, the DISTRICT shall within seven days of
the COUNTY's bid opening decide whether to include the DISTRICT'S project as
part of the COUNTY's project. Should the DISTRICT fail to increase its deposit on
time or should the DISTRICT elect not to include the DISTRICTs project as part
of the COUNTY's project, the DISTRICTs project shall be deleted from the joint
project and the deposit, less compensation to the COUNTY for preliminary
engineering as specified in Exhibit "A," shall be returned to the DISTRICT.
(c) Should the DISTRICT's project be deleted from the joint project pursuant to
Paragraph 5(a) or Paragraph 5(b),the DISTRICT shall promptly proceed with the
DISTRICTs project independently of the COUNTY's project. The DISTRICT shall
complete the DISTRICTs project within twenty-eight days of the COUNTY's bid
opening or otherwise be responsible to compensate the COUNTY for all costs
incurred by the COUNTY as a result of any contractor claims to delay attributable
to the DISTRICTs project.
(d) Should the as-built quantities differ from those set forth in Exhibit "A," said
quantities and the costs of the COUNTY's project and the DISTRICTs project shall
be adjusted.
(e) There shall be no revision of the costs of the DISTRICTs project or the
COUNTY's project due to changes in the parties' boundaries occurring after the
date of contract award.
(f) Within sixty days of acceptance of the joint project, the COUNTY shall
deliver to the DISTRICT a report of project receipts and disbursements, together
with a bill for the additional amount owed to the COUNTY, if the costs of the
DISTRICTs project exceed the deposit paid plus interest. Payment for the amount
owed to the COUNTY, if any, shall be made no later than forty-five days after the
date of billing by the COUNTY. If the costs of the DISTRICTs project are less than
the deposit paid and interest accrued, the excess shall be refunded to the
DISTRICT within sixty days of acceptance of the joint project.
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6. 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
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.
(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 representative(s) while
present in the construction area, except for liability resulting from the sole
negligence or sole willful 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.
7. Acceptance and Maintenance:
(a) Upon completion of the joint project, the COUNTY shall conduct the final
inspection, with the DISTRICT performing inspection of the DISTRICTs project
After receiving the DISTRICTs recommendation for acceptance of the DISTRICTs
project,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 project.
(b) 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
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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 project.
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. Agreement Termination: Unless terminated earlier through the mutual, written
consent of the parties, this Agreement shall terminate upon the final payment
described in section 5(f) above. Notwithstanding termination of this Agreement,
the provisions of section 6 (b)-(e) section 7(b) shall survive such termination.
COUNTY OF CONTRA COSTA OAKLEY WATER DISTRICT
By: I ', �` ? � By: L!�
Chairperson, Board of upervisors President, Board of Directors
ATTEST: ATTEST:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By: JJdA4-
By:
Deputy
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RECOMMENDED FOR APPROVAL FORM APPROVED:
J. Michael Watford,
Public Works Director
By: a:��zZ4''
strict Cou
By:
Deputy Public Works tractor X-P
FORM APPROVED:
Victor J. Westman, County Counsel
By:
Deputy
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