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HomeMy WebLinkAboutMINUTES - 06201995 - 1.16 TO: BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: June 20, 1995 SUBJECT: APPROVE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF CLAYTON FOR SPECIAL PROJECT TO REMOVE POLLUTANTS FROM RESIDENTIAL STORMWATER RUNOFF, PROJECT NO. 0929-6X7046, CLAYTON AREA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE Chief Engineer to execute a joint exercise of powers agreement with the City of Clayton in the amount of$12,500 for the design, development and testing of control structure and filter to remove pollutants from stormwater runoff generated by a fifty-four (54) unit residential subdivision. II. Financial Impact: There will be no impact to General Fund. Joint exercise of powers agreement is funded with stormwater utility fees collected by the Flood Control District on behalf of the nineteen (19) municipalities in the Contra Costa Clean Water Program. III. Reasons for Recommendations and Background:, The San Francisco Bay Regional Water Quality Control Board requires the nineteen (19) municipalities in the Contra Costa Clean Water Program conduct special studies to determine the effectiveness of best management practices (BMPs) in removing pollutants from stormwater runoff. Runoff from new development and construction sites has proven to be an important source of pollutants. As part of their municipal stormwater permit, municipalities are constantly seeking effective BMPs that will remove these pollutants in a cost efficient manner. Continued on Attachment: x SIGNATURE: I/tn RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON �.o f 199 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ELG:fp g:\FLDCTLW PDES\bo\Clay20.t6 Orig.Div: Public Works(CCCWP) Contact: Donald P.Freitas(510)313-2373 cc: County Administrator E hereby certiy that this (a a Community Development ftS and.co>red Copy of Building Inspection an action taken and entered on the minutes of the County Counsel Board of Supervisors on the date shown. County Assessor ATTESTED: County Treasurer-Tax Collector PHIL BAT ELOR,Clerk of County Auditor-Controller of Supervisors and Court he Board Chief Engineer ty Administrator Accounting Engineering Services - By, .Deputv SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF CLAYTON FOR SPECIAL PROJECT TO REMOVE POLLUTANTS FROM RESIDENTIAL STORMWATER RUNOFF Page-2- 111. Reasons for Recommendations and Background: (cont.) The City of Clayton will contract with Wollman&Associates to conduct a special study evaluating control structures and filtration systems designed to remove oil and grease, sediments and other pollutants. These control measures will be incorporated into a fifty-four(54) unit residential subdivision along Marsh Creek Road in the City of Clayton. Wollman &Associates will conduct water quality tests to determine the effectiveness of the control structures in removing pollutants. A written evaluation will also be available for the municipalities in the Contra Costa Clean Water Program. All nineteen (19) municipalities in the Contra Costa Clean Water Program will jointly fund this study through this agreement between the City of Clayton and the Flood Control District. The Contra Costa Clean Water Program municipalities must approve second and third year costs of this study at later dates. IV. Consequences of Negative Action: The San Francisco Regional Water Quality Control Board may find that the Contra Costa Clean Water Program is not conducting special studies as required in its Municipal NPDES Stormwater Permit. The Regional Board has the authority to fine municipalities in the Contra Costa Clean Water Program up to $25,000 per day for non-compliance with the permit. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF CLAYTON Special Project to Remove Pollutants from Residential Stormwater Runoff 1. Parties: Effective , the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred as "DISTRICT," and the CITY OF CLAYTON, a municipal corporation, hereinafter referred as "CITY," pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: CITY is conducting a special study project, hereinafter referred as "PROJECT", to measure the effectiveness of filtration systems in removing pollutants from residential stormwater runoff. The study was approved by the nineteen municipalities of the Contra Costa Clean Water Program, which includes seventeen cities, Contra Costa County and the DISTRICT, and will be funded by stormwater utility assessments levied by the DISTRICT. The purpose of this Agreement is to apportion PROJECT duties and costs between CITY and DISTRICT. 3. Methods: CITY shall perform the following activities: a. Act as lead agency and comply with all environmental requirements pursuant to California Environmental Quality Act. b. Obtain all necessary permits for PROJECT. C. Retain a qualified consultant approved by DISTRICT to conduct PROJECT. d. Perform all necessary supervision and contract administration to ensure that the PROJECT work complies with this Agreement. e. Maintain PROJECT records and document project expenses. f. Bill DISTRICT for PROJECT tasks described in Exhibit"A". g. Prepare and deliver to DISTRICT a written report of all receipts and disbursements. DISTRICT shall perform the following activities: a. Act as a responsible agency pursuant to California Environmental Quality Act. b. Consult with CITY, as necessary, to enable PROJECT work to be properly completed. C. Reimburse CITY for the PROJECT tasks described in Exhibit W. 4. Changes in Proiect Work: The PROJECT work shall comply with acceptable engineering practices and shall include all of the tasks set forth in Exhibit "A". Any changes in the PROJECT work shall require the prior, written approval of DISTRICT. 5. Financial Responsibilities: DISTRICT shall reimburse CITY for all costs of the PROJECT work, including reasonable compensation for necessary review and contract administration performed by CITY, as well as all costs of any changes or extra work requested or approved in writing by DISTRICT. PROJECT task breakdown and the maximum costs that DISTRICT shall pay for the entire PROJECT are set forth in attached Exhibit "A". 6. Insurance and Hold Harmless: a. The contract documents for PROJECT shall include provisions requiring the consultant to: (1) obtain and maintain in full force and effect during the PROJECT work, workers' compensation, public liability and property damage insurance, in forms and limits of liability satisfactory to CITY and DISTRICT, naming CITY and DISTRICT, their governing bodies, officers and employees as additional insureds; and (2) promise to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees from liability to the same extent as promised to CITY. The aforementioned policy shall contain an endorsement that the insurance afforded thereby to the additional insureds shall be primary insurance to the full limits of the policy, and that if any of the additional insureds have other insurance or self insurance against a loss covered by such policy, such insurance or self insurance shall be excess insurance only. Before beginning the PROJECT work, the consultant shall submit to CITY and DISTRICT a certificate of insurance evidencing the required coverages and requiring the carrier to give at least 30 days written notice to CITY and DISTRICT of any cancellation, non- renewal or material modification of the policy. CITY shall be responsible for ensuring that this requirement has been met before allowing the PROJECT work to proceed. b. Neither 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 CITY in connection with any work delegated to CITY under this AGREEMENT, and CITY shall defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees from the same. C. Nothing in this AGREEMENT is intended or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. 7. 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 CITY. 8. Agreement Modification: This AGREEMENT shall be subject to modification only with the prior, written consent of CITY and DISTRICT. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 9. Agreement Expiration: This AGREEMENT shall expire upon delivery of the report of receipts and disbursements and payment of all funds specified herein, except for the provisions of Section 6 which shall survive expiration of this AGREEMENT. CONTRA COSTA COUNTY CITY OF CLAYTON FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: By: hair, toard of Supe isors Mayor ATTEST: ATTEST: , City Clerk Phil Batchelor, C k of the Board of Supervisors and County Administrator By: RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL J. Michael Walford, Chief Engineer B By: C n eer By: By: FORM APPROVED: FORM APPROVED: Victor J. Westman, County Counsel , City Attorney By: � d1,�6r;b. By: Deputy ELG:fp g:\FLDCTLW PDES1Contract%J EPACLA.t6 June 8,1995 AMCII'IEM "A' REVISED PROPOSAL CLAYTON SPECIAL STUDY PHASE L Task A: Design, model test, and develop control structure(includes: construction of structure and installation of filters). • Wollman Associates(contracted) . . . . . . . . . . . . . . . . . . $8,000 • City Contract Engineer review of design and model testing results and inspection of control structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,500 • City staff administration involvement . . . . . . . . . . . . . . . . $500 Time period: March-June 1995 Total Task A . . . . . . . . . . . .. . .. . . .. . . . . . . . . . . . . . . . . $11,000 Task B: Prepartation of report on design, model test and construction of control structure. • Wollman Associates (contracted) . . . . . . . . . . . . . . . . . . $1000 • City staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500 Time period: June 1995 Total Task B . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . $1,500 Sub-totals by participant: • Wollrnan Associates(contracted) . . . . . . . . . . . . . . . . . . $9,000 • City Engineer(contracted) . . . . . . . . . . . . . . . . . . . . . . . $2,500 • City staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,500