The URL can be used to link to this page

Home My WebLink AboutMINUTES - 06211994 - 1.11 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JUNE 21, 1994 SUBJECT: APPROVE AND AUTHORIZE THE CHAIR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH EAST BAY MUNICIPAL. UTILITY DISTRICT FOR UTILITY RELOCATIONS, SAN RAMON CREEK BYPASS PROJECT, WALNUT CREEK AREA. PROJECT NO.: 7520-68$637 SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Chair to execute a reimbursement agreement with East Bay Municipal Utility District(EBM UD)for the relocation of several water mains for the San Ramon Creek Bypass Project, Walnut Creek area. 11. Financial Impact Total relocation cost is equal to$712,971.64,which is 100% reimbursable. Funding sources are the Central Contra Costa Sanitary District(28%)and California Department of Water Resources(72%). III. Reasons for Recommendations and Backaround: By agreement with the United States Corps of Engineers (Corps), the Flood Control District was required to relocate utility facilities necessary for construction of the San Ramon Creek Bypass Project. The required relocations included several facilities owned by EBMUD: approximately 2300 feet of 24-inch diameter water main along the former Southern Pacific Railroad right-of-way adjacent to the bypass channel between Newell Avenue and Murwood Drive,and several smaller water mains at Newell Avenue, Murwood Drive, and Mount Diablo Boulevard. Continued on Attachment: x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 2 11994 APPROVED AS RECOMMENDED V OTHER 1 hereby certify Viet this b a true end correct 0 of an action taken end entered on the wdnuw of the Board of SumvisorsS t48 ATTESM Iiild dupe visor a=.Do* °fthe�Nor VOT F SUPERVISORS B, /; rat, UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: PHIJJ:pe g:ktdcti\fcbolEBMUD 2116 Orig. Div: Public Works (FCE) Contact: P. Harrington, 313-2271 cc: W. Quever, PW Accounting County Administrator Auditor-Controller REIMBURSEMENT AGREEMENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT FOR UTILITY RELOCATIONS, SAN RAMON CREEK BYPASS PROJECT June 21. 1994 � Page Two Ill. Reasons for Recommendations and Background: (Continued) In conjunction with the flood control project, the Corps installed a sewer trunk line for CCCSD, adjacent to the bypass channel. This capital sewer project required more of the 24-inch water line to be relocated than would have been required for the channel alone. By a Joint Exercise of Powers Agreement between CCCSD and the District, CCCSD agreed to reimburse the District for 37% of the relocation cost for the 24-inch main—the percentage of the relocation attributable to their sewer trunk line. IV. Consequences of Negative Action: The water lines have already been relocated. If the agreement is not approved,we cannot fulfill our obligation to reimburse EBMUD for the work. �a�y RESOLUTION NO. 32857-94 AUTHORIZING EXECUTION OF UTILITIES AGREEMENTS BY THE DIRECTOR OF ENGINEERING AND CONSTRUCTION Introduced by Director coleman ; Seconded by Director Gioia WHEREAS pursuant to Resolution No. 19140, the Board had previously authorized the Chief Engineer of the District to execute Utilities Agreements on behalf of the District for the relocation of District facilities necessitated by state highway construction; and WHEREAS on June 23, 1992 pursuant to Resolution No. 32637, the Board eliminated the position of Chief Engineer and retitled the position of Assistant Chief Engineer of Design and Construction to Director of Engineering and Construction; and WHEREAS the Director of Engineering and Construction has assumed the duties and responsibilities previously held by the Chief Engineer; NOW, THEREFORE, BE IT RESOLVED that the Director of Engineering and Construction, as the successor to the position of Chief Engineer, is hereby authorized and directed for and on behalf of the District to execute Utilities Agreements with the State of California, the Counties and Cities of the State of California,and other Districts or Special Districts and governmental agencies in the State of California, in a form approved by the General Counsel for the relocation of District facilities necessitated by construction, development, or improvement projects of such agencies;. BE IT FURTHER RESOLVED that any other resolution which is in conflict with the provisions herein is hereby revoked. ADOPTED this 24th day of May, 1994 by the following vote: AYES: Directors Coleman, Gioia, McKenney, Nadel and President Flashman NOES: None ABSENT: Directors Cohen and Simmons ABSTAIN: None President ATTEST: Interim Secretary APPROVED AS TO FORM AND PROCEDURE: General Counsel AGREEMENT RELATING TO THE RELOCATION OF 8-INCH, 12-INCH, 16-INCH AND 24-INCH WATER PIPELINES ADJACENT TO THE SAN RAMON CREEK BYPASS THIS AGREEMENT, entered into this day of 1994, by and between the East Bay Municipal Utility District, a public corporation of the State of California, hereinafter called "the Utility District," and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter called "the Flood Control District." WITNESSETH WHEREAS,the Flood Control District,in conjunction with the United States Corps of Engineers, hereinafter called "Corps," intends to construct a flood control channel within and aligned longitudinally along a portion of the abandoned Southern Pacific Railroad right of way in the location shown on the map attached hereto as Exhibit "A"; and, WHEREAS, the Utility District presently maintains an 8-inch underground water pipeline at Murwood Drive, a 12-inch underground water pipeline in Mount Diablo Boulevard, a 16-inch underground water pipeline in Newell Avenue, and a 24-inch underground water pipeline which intrudes upon the alignment of the Flood Control District's intended construction from Corps' Station 633 to Corps' Station 656; and, WHEREAS,said existing Utility District facilities in said area are in conflict with the intended construction, reconstruction, maintenance or use of the proposed flood control channel of the Flood Control District; and, NOW, THEREFORE, the Utility District and the Flood Control District hereby mutually agree as follows: 1. The location of said existing Utility District facilities presently in conflict with the intended construction shall be changed to accommodate the Flood Control District's flood control channel project as that project has been defined and presented to the Utility District as of the date of the execution of this Agreement. 2. The Flood Control District shall request the Utility District to provide for the relocation of the water pipelines and their appurtenances. The Flood Control District shall furnish a complete set of reproducible "as-built" plans to the Utility District a reasonable time after the completion of the Corps' project. 3. The Utility District shall have sole responsibility for construction, and primary responsibility for inspection and materials testing, of the relocation work, except as noted on the plans. The Utility District, and its representatives, shall obtain verbal approval from the Flood Control District prior to entering the channel construction right of way. The Utility District and its representatives shall in no way direct the Corps' contractor's operations. Any communication concerning the relocation work between the Utility District and the Corps' contractor shall be conducted through the Flood Control District. It is the Flood Control District's responsibility to keep the Utility District informed of the Corps' contractor's activities that may affect the operation and relocation of water facilities. The Flood Control District shall represent the Utility District's interests to the Corps and the Corps' contractor(s) to the extent that such representation is needed. In the event of deficiencies in the relocation work, the Flood Control District shall not be responsible for discovering or correcting such deficiencies. The Utility District acknowledges that entry into the easement area during construction comes with it a certain risk and agrees to release the Flood Control District, its boards, officers, agents and employees from any liability for death of,or injury to,the Utility District's representatives while present in the easement area during construction, except for liability resulting from the sole negligence or willful misconduct of the Flood Control District. 4. The Flood Control District shall have the Corps include in its contract documents provisions requiring the successful bidder to name the Utility District as an additional named insured on any required insurance certificates with the same conditions as must be provided for the Flood Control District for any work related to these relocations. 5. The Flood Control District shall have the Corps include in its contract documents provisions requiring cooperation with the Utility District's forces during the construction of the relocations. 6. Nothing in this Agreement is intended to affect the legal liability of either party to third parties for the obligations imposed by this Agreement by imposing any standard of care respecting work performed hereunder different from the standard of care imposed by law. 7. All costs associated with the relocation of said existing Utility District water facilities shall be borne by the Flood Control District, including, but not limited to, engineering, construction, construction management, and right of way acquisitions using the Utility District's standard overhead rates where applicable. The Utility District shall supply a total cost estimate to the Flood Control District within 30 days of the signing of this Agreement which estimate shall be subject to the Flood Control District's reasonable approval. The estimated cost shall not be exceeded by more than 10 percent without the Flood Control District's prior,written approval. The Flood Control District shall reimburse the Utility District for the relocation costs within 90 calendar days after receipt of an itemized bill from the Utility District. 8. The Flood Control District shall make adequate provision of the protection of Utility District facilities in any contracted work required under this Agreement. The Flood Control District shall defend, hold harmless and indemnify the Utility District from claims, costs and liabilities arising from or connected with work performed by the Flood Control District under this Agreement, except for claims, costs or liabilities arising from the sole negligence or willful misconduct of the Utility District. The Utility District shall defend, hold harmless and indemnify the Flood Control District from claims, costs and liabilities arising from or connected with work performed by the Utility District under this Agreement, except for claims, costs or liabilities arising from the sole negligence or willful misconduct of the Flood Control District. 9. The Flood Control District shall notify the Utility District's Operations Department of the start of any construction operations relative to this Agreement 20 working days in advance of the commencement of such operations, and shall advise said Utility District Department of any rescheduling of such operations. Reciprocally, the Utility District shall advise the Flood Control District of its need to perform construction or maintenance operations within the project limits 20 working days in advance of the commencement of such operations. 2 10. Acceptance by the Flood Control District of the relocation work shall also constitute acceptance by the Utility District, provided that both the Flood Control District and the Utility District shall make a final inspection of the relocation work prior to acceptance by the Flood Control District. Upon acceptance by the Flood Control District of the relocation word the Utility District shall assume complete responsibility for maintenance of the relocated facilities. 11. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both parries. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duly authorized. CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL UTILITY CONTR AND WATER DISTRICT CONSERV ON ISTRICT �- By: By: Ch rperson, Board o Supervisors Director of Engineering and Construction ATTEST: FORM APPROVED: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: a&t'4.0 By: Deputy Clerk for General Counsel's Office RECOMMENDED FOR APPROVAL: J. Michael Walford, Chief Engineer B . FORM APP OVED: Victor J. Westman, County Counsel By: J 4 ) Deputy JJ:pe g:Uldctllw ork1EBMUD.Agm May 31.1994 3 ♦ sit, r� rt ♦Za in mom } t r w 1 1 � r a N t V t t h < i RR/w s cri Lli :e s It ` w r— w Tw A t�vRc\J • Rt. l , R 0 R J