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Home My WebLink AboutMINUTES - 03051996 - C9 I TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: MARCH 5, 1996 SUBJECT: APPROVAL OF A JOINT POWERS AGREEMENT BETWEEN THE COUNTY AND DELTA DIABLO SANITATION DISTRICT Specific Request(s)or Recommendation(s)&Background&Justification I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Powers Agreement between Contra.Costa County and Delta Diablo Sanitation District expanding their authority. II. Financial Impact: There will be no impact to the General Fund. III. Reasons for Recommendations and Background: Delta Diablo Sanitation District has been operating and maintaining the water and sewer facilities in Discovery Bay through a Service Agreement approved by the Board on July 19, 1985. The Joint Powers Agreement will more clearly define the duties and responsibilities of Delta Diablo and give them the authority to coordinate the design, advertising, bidding and construction of improvements to the well water system. Water Well 1B is needed as soon as possible to maintain and provide for the water flow needed for health and safety reasons and Delta Diablo has the capacity to implement the project quickly. IV. Consequences of Negative Action: A long delay could occur in the construction of a new water well which could compromise water flow capacity needed during peak demand period during the summer months. Continued on attachment: yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: March 5, 1996 APPROVED AS RECOMMENDED X -OTHER- VOTE THERVOTE OF SUPERVISORS X UNANIMOUS (ABSENT III ) AYES: NOES: ABSENT: ABSTAIN: SE:pe g:\EngSvc\SpDist\BO\DDSD JPA 5.6 Contact: Slip Epperly,(510)313-2253 1 hereby C:rtify that this is a true and Correct Copy of Orig.Div.: PW(Special Districts) ar,ection taken and entered on tho minutes of the cc: Auditor-Controller Board of Supervisors on the date shown. Accounting ATTESTED: al h 5, 1 C)Qi; ' = - Delta Diablo Sanitary District PHIL BATCHELOR.Clerk of the Board of supervisors and County Administrator BY. rel '2&f.�puty Cl JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 AND DELTA DIABLO SANITATION DISTRICT FOR DESIGN, CONSTRUCTION AND MAINTENANCE OF WATER WELL 1B Effective March 1996, this agreement is made by and between CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 (referred to as "DISTRICT NO. 19") and DELTA DIABLO SANITATION DISTRICT (referred to as "DELTA DIABLO") pursuant to Government Code Section 6500 and following: 1. Purpose and Scope of Work. DISTRICT NO. 19 has received certain funds from Centex Real Estate Corporation for the construction of Water Well 1B in the Discovery Bay area. DELTA DIABLO is presently handling the operation and maintenance of water and wastewater facilities within DISTRICT NO. 19 pursuant to a Service Agreement dated July 19, 1985 (referred to as the "SERVICE AGREEMENT"). Both DISTRICT NO. 19 and DELTA DIABLO desire that the construction project for Water Well 1B (referred to as the "PROJECT") likewise be handled by DELTA DIABLO. The purpose of this AGREEMENT is to specify the responsibilities and costs for the PROJECT. 2. Responsibilities of Delta Diablo and District No. 19. (a) DELTA DIABLO shall be responsible for the following:: i. Act as lead agency and comply with all environmental requirements. ii. Advertise and award the construction contract for the PROJECT using the plans and specifications provided by DISTRICT NO. 19. iii. Perform construction engineering, contract administration and inspection of the PROJECT work. iv. Approve and accept the PROJECT work when DELTA DIABLO has determined that said work has been properly completed and DISTRICT NO. 19 has concurred in such determination. _ V. Prepare a report of PROJECT receipts and disbursements and deliver the same to DISTRICT NO. 19 within 30 days of DELTA DIABLO's acceptance of the PROJECT work. (b) DISTRICT NO. 19 shall be responsible for the following: i. Provide to DELTA DIABLO plans, specifications and engineer's estimate for use by DELTA DIABLO in advertising and awarding a construction contract for the PROJECT. -1- ii. Assist DELTA DIABLO by clarifying or interpreting the intent of the plans or specifications for the PROJECT. iii. Provide funding for the PROJECT work. iv. Participate in the final inspection of the PROJECT construction work and concur in the determination that the PROJECT work has been properly completed before DELTA DIABLO accepts the PROJECT work. 3. Project Funding, Subject to the provisions of this AGREEMENT, DISTRICT NO. 19 shall provide funding for all PROJECT expenses, including contract progress payments and compensation for the services performed by DELTA DIABLO. DISTRICT NO. 19 shall make payment to DELTA DIABLO as provided in Section 4 of the SERVICE AGREEMENT. The total compensation for the services performed by DELTA DIABLO in connection with the PROJECT shall not exceed $10,000.00 without further written approval from DISTRICT NO. 19. 4. Award of Contract and Change Orders. (a) DELTA DIABLO shall award the construction contract for the PROJECT work to the lowest, responsible bidder, in accordance with state law. (b) If the bid submitted by the lowest, responsible bidder exceeds the engineer's estimate by more than 15%, DELTA DIABLO shall not award a construction contract for the PROJECT without further written approval from DISTRICT NO. 19. (c) DELTA DIABLO shall have the authority to negotiate and approve contract change orders for the PROJECT. However, before approving a change order that would substantially alter the PROJECT design or that would cause the total amount of all PROJECT change orders to exceed 15% of the original construction contract amount, DELTA DIABLO shall first obtain further written approval from DISTRICT NO. 19. (d) DISTRICT NO. 19 shall have the right, at its sole option,.to observe or inspect the PROJECT work during construction. DISTRICT NO. 19 shall participate in the final inspection of the PROJECT work. Before accepting the PROJECT work, DELTA DIABLO shall obtain from DISTRICT NO. 19 written concurrence that the work has been properly completed. 5. Insurance and Hold Harmless. (a) The contract documents for the PROJECT shall include provisions requiring the successful bidder to: (1) obtain and maintain in full force and effect during construction of the PROJECT, workers' compensation, public liability and property damage insurance, in forms and limits of liability satisfactory to DELTA DIABLO and DISTRICT NO. 19, naming DELTA DIABLO and DISTRICT NO. 19, their governing bodies, officers and employees as additional insureds; and (2) promise to defend, indemnify, save and hold .harmless DISTRICT NO. 19, its governing body, officers and employees from liability to the same extent as promised to DELTA DIABLO. The aforementioned policy shall contain an endorsement that the insurance -2- T 04 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 has other insurance or self insurance against a loss covered by such policy, such insurance or self insurance shall be excess insurance only. Before beginning construction of the PROJECT, the contractor shall submit to DELTA DIABLO and DISTRICT NO. 19 a certificate of insurance evidencing the required coverages and requiring the carrier to give at least 30 days' written notice to DELTA DIABLO and DISTRICT NO. 19 of any cancellation, non- renewal or material modification of the policy. DELTA DIABLO shall be responsible for ensuring that this requirement has been met before allowing construction work to proceed. (b) Neither DISTRICT NO. 19, 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 DELTA DIABLO, or in connection with any work delegated to,DELTA DIABLO under this AGREEMENT, and DELTA DIABLO shall defend, indemnify, save and hold harmless DISTRICT NO. 19, its governing body, officers and employees from the same. (c) Neither DELTA DIABLO, 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 DISTRICT NO. 19, or in connection with any work delegated to DISTRICT NO. 19 under this AGREEMENT, and DISTRICT NO. 19 shall defend, indemnify, save and hold harmless DELTA DIABLO, its governing body, officers and employees from the same: (d) 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. 6. Acceptance. DELTA DIABLO shall accept the PROJECT work performed by the contractor when it has determined that the work has been properly completed and DISTRICT NO. 19 has concurred in such determination. 7. Maintenance. Once the PROJECT work is accepted by DELTA DIABLO, the operation and maintenance of the PROJECT improvements shall be handled by DELTA DIABLO pursuant to the terms of the SERVICE AGREEMENT. 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 DELTA DIABLO. 9. 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 this AGREEMENT is drawn. -3- C. 10. 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 5, which shall survive expiration of this AGREEMENT. CONTRA COSTA COUNTY DELTA DIABLO SANITATION SANITATION DISTRICT DISTRICT NO 19 / By: Cha , AgarVof Directors Chair, B/40 of{ upervisors ATTEST: ATTEST: - Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Clerk FORM APPROVED: By: Victor J. Westman, County Counsel Deputy RECOMMENDED FOR APPROVAL: J. Michael Watford, Director of Public By: Works Silvano B. Marchesi, Assistant County Counsel By: FORM APPROVED: Victor J. Westman, County Counsel By: David F. Schmidt, Deputy County Counsel -4-