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HomeMy WebLinkAboutMINUTES - 03261996 - C4 i TO: BOARD OF SUPERVISOR FROM: J.,MICHAEL WALFORD, PUBLIC WORKS DIRECTOR k: DATE: March 26, 1996 SUBJECT: Approve Amendment to Cooperative Agreement with the Contra Costa Water District for the Vasco Road Replacement Project and Authorize the Closure of Vasco Road Project No.:4660-6X4256 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board to execute an amendment to the Cooperative Agreement with the Contra Costa Water District for the Vasco Road Replacement Project. AUTHORIZE the closure of Vasco Road from Camino Diablo Road south to the County line. II. Financiallmpact: There is no financial impact to the County. III. Reasons for Recommendations and Background: Corrosive material was used in the construction of the Water District's Vasco Road Replacement Project. The Water District is currently investigating and remediating the effects of this material on elements of the project. We recommend modifying the original terms of the Cooperative Agreement to specifically address future liability for the effects of this corrosive material. The closing of Vasco Road was previously agreed to in the original Cooperative Agreement with Contra Costa Water District. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON :.March 26, 1996 APPROVED AS RECOMMENDED g OTHER_ VOTE OF SUPERVISORS X_ UNANIMOUS (ABSENT T ) AYES: NOES: ABSENT: ABSTAIN: DR:jlg g:\design\bo\bo 19c.t3 i hereby certify that this is a true and correct copyof an action taken and entered on the minutes of the Board of supervisors on the date shown. Contact: Denis Regan, (313-2232) ATTESTED: Mcarob 26, 1996 Orig. Div: Public Works (Design Division) PHIL BATCHELOR,Clerk of the Board cc: Auditor Controller of Supervisors and county Administrator 1 E. Kuevor, CAO P.W. Accounting By Deputy Approve Amendment to Cooperative Agreement with the Contra Costa Water District for the Vasco Road Replacement Project and Authorize the Closure of Vasco Road Page 2 March 26, 1996 IV. Consequences of Negative Action: If this recommendation is not approved, the County could incur liability due to the effects of the corrosive material used in the replacement Vasco Road. Also, failing to close the existing Vasco Road will delay the Water District's Los Vasqueros Dam project. AMENDMENT TO COOPERATIVE AGREEMENT 1 . PARTIES AND EFFECTIVE DATE . This AMENDMENT TO COOPERATIVE AGREEMENT, referred to herein as AMENDMENT, effective on , 1996 , is between the Contra Costa Water District, referred to herein as DISTRICT, and the County of Contra Costa, , a political subdivision of the State of California, referred to herein as COUNTY. 2 . PURPOSE . a . DISTRICT and COUNTY entered into the COOPERATIVE AGREEMENT, referred to herein as AGREEMENT, on February 15 , 1994 , to provide for the relocation of Vasco Road, referred to herein as REPLACEMENT ROADWAY, which was necessitated by DI'STRICT' s construction of the Los Vaqueros Project . b. The AGREEMENT contemplated a sequence of events relating to the closing of the existing Vasco Road, including completion of the construction of the REPLACEMENT ROADWAY, DISTRICT' s conveyance of title acceptable to COUNTY for the REPLACEMENT ROADWAY, and COUNTY acceptance of the REPLACEMENT ROADWAY into the County- Maintained Road System. C . This AMENDMENT is necessary because DISTRICT has discovered that Unimin Sand, the effects of which are unknown at this time, was used on various portions of the REPLACEMENT ROADWAY. d. This AMENDMENT does not alter the COUNTY' S intent under the AGREEMENT to accept the REPLACEMENT ROADWAY into the County-Maintained Road System, and this AMENDMENT is intended to relieve COUNTY of any responsibility and all liability for the placement of Unimin Sand in locations of potential impact to the REPLACEMENT ROADWAY and its appurtenances and on third parties . 3 . CLOSURE OF THE EXISTING VASCO ROAD . a . Issuance Of Encroachment Permit . Concurrent with the execution of this AMENDMENT, COUNTY shall issue an encroachment permit, the terms of which shall be stated on said permit, to DISTRICT permitting the closure of the existing Vasco Road from the Contra Costa\Alameda County line northerly to the intersection of old Vasco Road with Camino Diablo and the commencement of work on the Los Vaqueros Project. b. No COUNTY Responsibility To Maintain Existing Vasco Road . DISTRICT understands and agrees that, after the REPLACEMENT 1 ROADWAY is opened for public traffic, COUNTY shall have no responsibility for maintaining, and shall not maintain, any portion of the existing- Vasco Road and that the existing Vasco Road south of Camino Diablo shall not be open for public traffic after the REPLACEMENT ROADWAY is opened for public traffic. 4 . OPENING OF REPLACEMENT ROADWAY. a . Keep REPLACEMENT ROADWAY Open. DISTRICT understands and agrees that, after the closing of the existing Vasco Road and until COUNTY accepts the REPLACEMENT ROADWAY into the County-Maintained Road System, DISTRICT shall keep the REPLACEMENT ROADWAY open for traffic at least at the level of service set forth in the approved plans for the REPLACEMENT ROADWAY. b. Keep REPLACEMENT ROADWAY Open During Construction. DISTRICT understands and agrees that, during the time of any construction on or maintenance of the REPLACEMENT ROADWAY until COUNTY accepts REPLACEMENT ROADWAY into the County-Maintained Road System, the REPLACEMENT ROADWAY shall have at least two ( 2 ) eleven foot ( 111 ) traffic lanes and traffic shall be controlled in accordance with the CALTRANS Manual of Traffic Control . C . Maintain REPLACEMENT ROADWAY. DISTRICT understands and agrees that, until COUNTY accepts REPLACEMENT ROADWAY into - the County-Maintained Road System, DISTRICT shall perform regular and routine maintenance of the REPLACEMENT ROADWAY so as to ensure public safety. d . No COUNTY Maintenance Of REPLACEMENT ROADWAY Until Acceptance . DISTRICT understands and agrees that COUNTY will not maintain the REPLACEMENT ROADWAY until COUNTY accepts the REPLACEMENT ROADWAY into the County-Maintained Road System, except COUNTY shall accept into the County-Maintained Road System the traffic signal system located at the intersection of the REPLACEMENT ROADWAY with Camino Diablo, which COUNTY shall maintain upon the closure of the existing Vasco Road, with any relevant warranties being for the benefit of COUNTY. e . DISTRICT Responsible For Entire REPLACEMENT ROADWAY. DISTRICT understands and agrees that, while it has responsibility for the REPLACEMENT ROADWAY, such responsibility shall include the entire REPLACEMENT ROADWAY and all its appurtenances and accepting this responsibility shall be a condition of the encroachment permit that DISTRICT is required to obtain from COUNTY pursuant to the AGREEMENT. 2 5 . ACCEPTANCE OF REPLACEMENT ROADWAY. a . Acceptance When Work Completed And Examined . COUNTY agrees to accept the REPLACEMENT ROADWAY into the County-Maintained Road System upon satisfactory completion of all work necessary to be completed, as required by the AGREEMENT and this AMENDMENT. Upon notice of completion of work by DISTRICT, COUNTY shall examine the work and, if it is in accordance with the plans and specifications , COUNTY shall accept the work, then, within thirty ( 30 ) calendar days , COUNTY shall notify DISTRICT of acceptance of the REPLACEMENT ROADWAY into the County-Maintained Road System. b. Title Issues Resolved. ( 1 ) As a condition of COUNTY'S acceptance of the REPLACEMENT ROADWAY into the County-Maintained Road system, DISTRICT covenants that it shall resolve all matters of title pertaining to the subject property in order to convey good and marketable title to COUNTY in fee simple absolute. DISTRICT makes the following warranties and representations to COUNTY with the understanding that each such representation and warranty is material and is being relied upon by COUNTY: (a ) Ten ( 10 ) parcels comprise the property which is the subject of this agreement . DISTRICT has obtained good and marketable title in fee simple absolute to seven ( 7 ) of the ten ( 10 ) parcels and has obtained irrevocable orders for possession on the remaining three ( 3 ) parcels . Said ten ( 10 ) parcels are described in Appendix 1 , attached hereto and incorporated herein by this reference, together with the status of acquisition of title as to each parcel . (b) DISTRICT has commenced condemnation proceedings to obtain title to the remaining three ( 3 ) parcels . DISTRICT' s right to take the subject property is not an issue in any of the remaining condemnation proceedings . DISTRICT shall diligently prosecute the remaining three ( 3 ) condemnation actions to completion and shall obtain good and marketable title in fee simple absolute to said remaining parcels . Under no circumstances shall DISTRICT abandon or otherwise dismiss any of the three ( 3 ) remaining condemnation actions . (c ) There are no actions , suits , proceedings , judgments , orders , or decrees pending or threatened against the property or DISTRICT which could affect DISTRICT' s right to obtain title to the property or the use or enjoyment thereof by COUNTY and the public for road purposes . To DISTRICT' s knowledge, there are no other matters which affect title to the property or DISTRICT' s. ability to obtain good and marketable title to the property. ( 2 ) Each representation and warranty in this Section 5 .b shall survive COUNTY' S acceptance of the REPLACEMENT ROADWAY into the County- Maintained Road system and the transfer of title of the subject properties to COUNTY and shall not merge with the delivery to COUNTY of 3 the grant deed( s ) . ( 3 ) DISTRICT' s obligations pursuant to this Section 5 .b( 3 ) shall survive COUNTY' S acceptance of the REPLACEMENT ROADWAY into the County-Maintained Road system and the transfer of title of the subject properties to COUNTY. DISTRICT at its sole cost and expense shall indemnify, defend (with counsel acceptable to COUNTY) , save, protect and hold harmless COUNTY, any successors to COUNTY'S interest in the property and their respective governing boards , officers , agents , and employees , from and against any and all claims , demands, losses , damages , liabilities , fines , penalties , charges , administrative and judicial proceedings and orders , or judgments and all costs and expenses incurred in connection therewith, including without limitation actual attorneys ' fees and costs of defense and costs and expenses of all experts and consultants , arising directly or indirectly, in whole or in part, out of any one or more of the following: (a ) DISTRICT' s conveyance of title to COUNTY subsequent to COUNTY' S acceptance of the REPLACEMENT ROADWAY into the County- Maintained Road System; (b) DISTRICT' s failure to convey title to any of the subject properties to COUNTY; or (c ) the breach or alleged breach of any covenant of DISTRICT contained in this AMENDMENT or the inaccuracy or alleged inaccuracy of any representation or warranty of DISTRICT contained in this AMENDMENT. C . Warranties Continue To Apply. DISTRICT understands and agrees that all warranties as set forth in the AGREEMENT shall apply as of the date of COUNTY' S acceptance of the REPLACEMENT ROADWAY. d . Repair And Maintenance . DISTRICT understands and agrees that, DISTRICT shall correct all maintenance deficiencies , which occur during the thirty ( 30 ) day period, in the REPLACEMENT ROADWAY to COUNTY' S satisfaction and retain all third party liability associated with the repairs until the completion of the repair of those deficiencies . e . No Utility Uses Or Additional Access Points . DISTRICT understands and agrees. that, DISTRICT shall. not grant to any third parties any permanent utility uses related in any way to the REPLACEMENT ROADWAY or any access points to the REPLACEMENT ROADWAY from adjacent properties in addition to those existing as of the date of this AMENDMENT, not including underground crossings of the REPLACEMENT ROADWAY, which shall be built to CALTRANS specifications . 4 6 . UNIMIN SAND REPAIR AND MAINTENANCE PROTOCOLS . a . Access To Information . DISTRICT and COUNTY understand and agree that each party shall have full access to the other party' s and its agent' s records about the REPLACEMENT ROADWAY during COUNTY'S examination of the work as part of the process of accepting the REPLACEMENT ROADWAY into the County- Maintained Road System, including access from time to time subsequently to the records of the other party and its agents insofar as those records are relevant in any way to the design, construction, and maintenance of the REPLACEMENT ROADWAY or its appurtenances . b. PROTOCOLS To Be Followed . DISTRICT and COUNTY understand and agree that the Unimin Sand issue presents novel and complex engineering and technical issues that require further investigation and analysis before the issue can be resolved prudently; accordingly, DISTRICT shall continue to investigate and analyze all potential impacts to the REPLACEMENT ROADWAY arising from the use of Unimin Sand, and DISTRICT and COUNTY shall follow the protocols attached as Appendix 2 , referred to herein as PROTOCOLS, which is attached hereto and incorporated herein by this reference, in the event the Unimin Sand is observed by DISTRICT or COUNTY to be, or is otherwise determined to be, adversely impacting any portion of the REPLACEMENT ROADWAY or its appurtenances . C . Environmental Compliance Measures . DISTRICT understands and agrees that DISTRICT shall be responsible for all environmental compliance measures relating to Unimin Sand required by any statute, regulation, or court or regulatory. agency order. 7 . ALLOCATION OF LIABILITY. a . Indemnification Of County. Neither COUNTY nor any officer, employee, or agent thereof shall be responsible for any damage or liability to DISTRICT or to any third party occurring by reason of the use of Unimin Sand in connection with the REPLACEMENT ROADWAY; DISTRICT understands and agrees that, pursuant to Government Code Section 895 . 4 , DISTRICT shall fully defend, indemnify, and save harmless COUNTY, and its officers , employees , and agents , including for attorneys ' fees and costs , from all claims , suits , or actions of every name, kind, and description brought for or on account of injury as defined in Government Code Section 810 . 8 resulting from the use of Unimin Sand but only to the extent that the injury is in fact caused by Unimin Sand and except for such injury as defined in Government Code Section 810 . 8 that is proven to be caused by the sole negligence or willful misconduct of COUNTY or its officers , employees , or agents . 5 e . q b. Reconfirm Allocation Of Responsibility And Liability. Except insofar as modified in this AMENDMENT, DISTRICT and COUNTY reconfirm the allocation of responsibility and liability set forth in the AGREEMENT. 8 . DISPUTE RESOLUTION. If DISTRICT and COUNTY cannot agree on the scope, method, or cost of repair for damage prevention or actual damages arising out of the use of Unimin Sand, or on DISTRICT' s and COUNTY' S respective responsibilities therefor, prior to the commencement of any litigation, DISTRICT and COUNTY agree to cooperate in the formation of and participation before a binding Dispute Review Board, referred to herein as the DRB, the cost to convene the DRB shall be borne by DISTRICT, to resolve any dispute between DISTRICT and COUNTY regarding the Unimin Sand issue. The DRB shall be composed of three members , with one person appointed by DISTRICT, one person appointed by COUNTY, and one person appointed by the persons appointed by DISTRICT and COUNTY. Each member shall be disinterested and impartial and shall have' experience with construction materials and in the analysis and resolution of disputes . DISTRICT and COUNTY shall have the right to present orally and/or in writing such information to the DRB as each one believes is relevant to the resolution of the dispute, and the DRB shall have the right to investigate such matters as it deems necessary to resolve the dispute. Within thirty ( 30 ) days after conclusion of hearings , the DRB shall issue a binding decision to DISTRICT and COUNTY containing the resolution of the dispute and the reasons therefor . For Tier 1 and Tier 2 Unimin Sand related issues , DISTRICT shall pay for the first $15 , 000 . 00 per year in costs for the DRB. DISTRICT and COUNTY agree to pay for their respective staff costs . After the limit is reached, DISTRICT and COUNTY shall split the cost of the DRB equally. For Tier 3 issues , DISTRICT shall pay all costs including for COUNTY' s experts and staff time if Unimin Sand is found to be causing the problem in the roadway structure . This will also include the costs to convene a DRB to determine the most appropriate remediation . If Unimin Sand is found not to be causing the problem, then DISTRICT and COUNTY shall split the costs of the DRB equally and pay their own costs . 9 . MISCELLANEOUS . a . DISTRICT and COUNTY understand and agree that the terms of this AMENDMENT shall prevail notwithstanding any term or terms in the AGREEMENT and that, in case of conflict between a term or terms of this AMENDMENT and a term or terms of the AGREEMENT, the term or terms of this AMENDMENT shall prevail over the term or terms' of the AGREEMENT; however, except as modified in this AMENDMENT, DISTRICT and COUNTY reaffirm their respective undertakings under the AGREEMENT. b. DISTRICT and COUNTY understand and agree that this AMENDMENT is the entire agreement of DISTRICT and COUNTY on the matters set forth in this AMENDMENT and shall be amended only by a writing 6 6 -q signed by the representatives of DISTRICT and COUNTY. C . The headings and captions used in this AGREEMENT are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of this AGREEMENT. d. DISTRICT and COUNTY understand and agree that no statements , obligations , or undertakings in this AMENDMENT shall be construed to be any admission of responsibility or liability by either DISTRICT or COUNTY, that neither COUNTY' s issuance of an encroachment permit for nor its acceptance of REPLACEMENT ROADWAY shall be construed as any admission of responsibility or liability for the Unimin Sand issue, and that DISTRICT' s undertaking to assume responsibility for the cost of preventing damages and of actual damages arising out of the use of Unimin Sand shall not be construed as an admission of responsibility or liability regarding the use of Unimin Sand. 7 CONTRA COSTAZ- DISTRICT COUNTY OF CONTR TSTA By: By: Presidenf Directors C i d of Supervisors ATTEST: ATTEST: Secretary Phil Batclielor, Clerk Board of Supervisors and County Administrator e2�en.ZZ �., ��e4 By. By. J"44 0-4� District Counsel 15eputy RECOMMENDED FOR APPROVAL: J. Michael Walford Public Works Direc B is Di FORM APPROVED; VICTOR J. WESTMAN, County counsel By: (J tP Deputy County ounsel a:mar22.doc 8 RELOCATED VASCO ROAD PROPERTY STATUS SUMMARY . APPENDIX 1 MAP PROPERTY STATUS OF TRIAL NO. OWNER FORMER APN NUMBER OWNERSHIP DATES ALAMEDA COUNTY 10 CCWD(WALKER) 9913-6100-3-1 FOC RECORDED 11/05/93 C 11 CCWD JACKSON 9913-4990-1 FOC RECORDED 01/05/93 C 12 CCWD KENT 9913-4960-2 FOC RECORDED 4/6/92 C 13 CCWD (DAIWA) 9913-4960-3 FOC RECORDED 5/14/92 C 14 CCWD PELLAN 9913-4950-8-2 RECORDED TITLE 10/12/95 C 46 W CCWD ALKINS 996-4950-6 DEED RECORDED 12/30/92 C 47 W WINDY RIDGE 9913-4950-7 ROE EFFECTIVE 7/1/94 Escrow Pending 998-4950-8-1 ROE EFFECTIVE 7/1/94 " CONTRA COSTA 1 L DUTRA 007-150-003 ORDER OF POSSESSION 7/03/94 8/13/96 003-010-002 ORDER OF POSSESSION 7/03/94 " 2 CCWD SOITE 003-020-003 FOC RECORDED 5/9/95 C 3 CCWD LASORELLA 003-070-007 FOC RECORDED 5/9/95 C 4 CCWD UNIMIN 003-050-007 FOC RECORDED 9/14/94 C 5 CCWD M COELHO 003-060-002 FOC RECORDED 5/5/95 C 003-140-006 FOC RECORDED 5/5/95 C 003-150-001 FOC RECORDED 5/5/95 C 6, CCWD FCOELHO 003-150-002 FOC RECORDED 11/29/94 C 003-160-002 FOC RECORDED 11/29/94 C 003-160-004 FOC RECORDED 11/29/94 C 7 VAQUERO FARMS 005-160-002 ORDER OF POSSESSION 6/01/94 Under Appeal FOC PENDING W/COURTS Under Appeal 8 T SOUZA N 001-011-030 ORDER OF POSSESSION 6/01/94 9/20/96 001-011-029 ORDER OF POSSESSION 6/01/94 " 001-011-001 ORDER OF POSSESSION 6/01/94 " 8 T SOUZA S 005-170-002 ORDER OF POSSESSION 6/01/94 " 005-160-003 ORDER OF POSSESSION 6/01/94 " 005-180-001 ORDER OF POSSESSION 6/01/94 " 005-180-001 ORDER OF POSSESSION 6/01/94 " 9 CCWD MASTER 001-011-004 FOC RECORDED 6/13/95 C 10 CCWD(WALKER) 005-070-002 FOC RECORDED 11/5/93 C 005-070-002-1 FOC RECORDED 11/5/93 C 005-070-003 FOC RECORDED 11/5/93 C 005-170-003 FOC RECORDED 11/5/93 C 005-080-003 FOC RECORDED 11/5/93 C a Key FOC = Final Order of Comdemnation (Title to CCWD) ROE = Right-Of-Entry C = Completed Status Date 3/27/96 APPENDIX 2 to AMENDMENT to COOPERATIVE AGREEMENT Pur se The purpose of these protocols is to describe the procedures to be followed for the remediation of any future problems with the REPLACEMENT ROADWAY related to the presence of Unimin Sand. Periodic Inspections DISTRICT and COUNTY agree that REPLACEMENT ROADWAY should be inspected and maintained on a regular basis by COUNTY. COUNTY and DISTRICT agree to establish a joint periodic inspection and testing protocol based on current and future site investigations to be implemented after COUNTY's acceptance of the REPLACEMENT ROADWAY. COUNTY agrees to promptly notify DISTRICT of any observed conditions relating to Unimin Sand. DISTRICT agrees to promptly acknowledge and investigate any indications of impact from Unimin Sand. COUNTY acknowledges that it remains responsible for repairs due to causes other than Unimin Sand. Protocol for Remediation DISTRICT and COUNTY agree to follow the following protocols for remediation of any conditions caused by Unimin Sand. Tier 1 Minor Maintenance or Repair COUNTY may perform any required minor Unimin Sand-related maintenance or repair items. In the event COUNTY believes the maintenance or repair is caused in whole or in part by Unimin Sand, COUNTY agrees to provide prompt notice to DISTRICT of the underlying condition, the planned or actual remediation, the reason why COUNTY believes the remediation is related to Unimin Sand, and the cost or estimated cost of remediation. Maintenance or repair items costing in excess of $5,000 shall be treated under Tier 2 below unless they are safety issues which require immediate attention. DISTRICT agrees to reimburse COUNTY after receipt of supporting documentation in a timely manner and not unduly withhold payments. Tier 2 Repair and Maintenance Items Greater Than $5,000 COUNTY agrees to promptly bring to DISTRICT's attention any conditions which COUNTY believes are caused by Unimin Sand and require remediation. DISTRICT agrees to provide at no cost to COUNTY all required engineering for the investigation and design of a reasonable engineering remediation, and to pay for the agreed-upon cost effective remediation or replacement. DISTRICT and COUNTY agree that the structures constructed as part of the REPLACEMENT ROADWAY have a design life. DISTRICT agrees that if a Pg. 1 structure needs to be replaced due to the Unimin Sand that the DISTRICT will pay for all costs to remove and replace the structure. COUNTY agrees to share in the cost for the structure itself based on the remaining life but not the costs to excavate, remove and backfill the structure. In the event the COUNTY elects a more expensive remediation than the reasonable engineering remediation, the COUNTY will agree to pay the difference, except that the reasonable engineering remediation must be consistent with current COUNTY standards of operations and maintenance practices. DISTRICT agrees to restore the site to the condition which existed prior to the remediation. COUNTY agrees to pay for any betterments COUNTY requests for non Unimin Sand related upgrades or improvements to adjoining appurtenances. Tier 3 Roadway Structure In the event COUNTY believes that the level of maintenance of the roadway surface due to Unimin Sand is excessive or that the roadway structure of the REPLACEMENT ROADWAY has otherwise lost integrity, COUNTY agrees to notify DISTRICT of the underlying condition and why COUNTY believes it is related to Unimin Sand. DISTRICT agrees to provide at no cost to COUNTY all required engineering for the investigation and design of a reasonable engineering remediation, and to pay for the agreed-upon cost effective remediation or replacement. The DISTRICT agrees that if it is determined that the Unimin Sand must be removed from the road base that they will be responsible for all costs for complete removal and disposal of the Unimin Sand and rebuilding of the roadway structure. The DISTRICT and COUNTY acknowledge and agree that the REPLACEMENT ROADWAY has a design life and that the roadway life can be extended through the use of preventative maintenance techniques. The COUNTY agrees to share in the cost for the replacement asphalt concrete in proportion to the remaining life of the asphalt concrete considering the preventative maintenance treatments which the COUNTY has applied. In the event the COUNTY elects a more expensive remediation than the reasonable engineering remediation, the COUNTY will agree to pay the difference, except that the reasonable engineering remediation must be consistent with current COUNTY standards of operations and maintenance practices. DISTRICT agrees to restore the REPLACEMENT ROADWAY or site to the condition which existed prior to remediation. COUNTY agrees to pay for any betterments COUNTY requests for non Unimin Sand related upgrades or improvements to adjoining appurtenances. Dispute Resolution To the extent the DISTRICT and COUNTY disagree that the remediation or repair is reasonably necessary by reason of Unimin Sand, or regarding the responsibility for, or the scope or cost of any maintenance, remediation or repair of REPLACEMENT ROADWAY, the parties agree to refer the dispute to the Dispute Resolution Board pursuant to Article 8 of the AMENDMENT. PMc:ly g:lv\ad-vas-f,app pg. 2