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HomeMy WebLinkAboutMINUTES - 05201997 - C12 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: May 20, 1997 SUBJECT: APPROVAL OF JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY SANITATION DISTRICT NUMBER 19 AND DELTA DIABLO SANITATION DISTRICT FOR CAPITAL IMPROVEMENT PROJECTS (WO 9E90) Specific Request(s)or Recommendation(s)&Background&Justification I. Recommended Action: Approve the Joint Exercise of Powers Agreement between the Contra Costa County Sanitation District Number 19 and Delta Diablo Sanitation District for capital improvement projects. H. Financial Impact: None. All costs associated with Contra Costa County Sanitation District Number 19 are covered by District funds. III. Reasons for Recommendations and Background: On July 19, 1985, the Board of Supervisors approved a Service Agreement between the County Sanitation District Number 19 and Delta Diablo Sanitation District for the operation and maintenance of water and waste water facilities in the Discovery Bay area. Since then there have been several capital improvement projects undertaken by Delta Diablo on behalf of Sanitation District Number 19. Recently, staff has determined that the original Service Agreement was not definitive regarding the responsibility of capital improvement projects. The Joint Exercise of Powers Agreement clarifies the duties and responsibilities of Delta Diablo Sanitation District with respect to capital improvement projects. Prior to this agreement, it was not clear whether the County was solely responsible for the complete administration of capital improvement projects or if Delta Diablo could handle these projects from design to bid and construction. This agreement delegates much broader project responsibilities to Delta Diablo. The Delta Diablo Board of Directors approved this agreement on May 14, 1997. Continued on attachment: X Yes SIGNATURE: v '� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): / ACTION OF BOARD ON: APPROVED AS RECOMMENDED V/ OTHER VO�E OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:pe g:\EngSVc\SpDist\BO\.DelDib2O.t5 Contact: Skip Epperly,(510)313-2253 (hereby cw ft that thts is a We and e�orrsat of Orig.Div.: PW(Special Districts) 1n aetlon ffiken and entered on the minutes7tha cc: Auditor-Controller Board of Supervisors On the date shown. D.Schmidt,County Counsel ATTESTieO —M Accounting Delta Diablo Sanitation District PHIL BATCH OR CI k of the oard Oi Supervism ettd "rdnistrator �_4_2 SUBJECT: Approval of Joint Exercise of Powers Agreement Between Contra Costa County Sanitation District Number 19 and Delta Diablo Sanitation District for Capital Improvement Projects. DATE: May 20, 1997 PAGE -2- IV. Consequences of Negative Action: This agreement will not be able to proceed and may cause some delay in the execution of future capital improvement projects. c , � � JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 AND DELTA DIABLO SANITATION DISTRICT FOR CAPITAL IMPROVEMENT PROJECTS Effective , this agreement(referred to as "AGREEMENT") is made by and between CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 (referred to as "DISTRICT NO. 19"), a California Special District, and DELTA DIABLO SANITATION DISTRICT(referred to as "DELTA DIABLO"), a California Special District,pursuant to Government Code Section 6500 and following: 1. Purpose and Scope of Work. 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 "July 19, 1985 SERVICE AGREEMENT"). Both DISTRICT NO. 19 and DELTA DIABLO desire that Capital Improvement Projects (referred to as"PROJECTS") likewise be handled by DELTA DIABLO. The purpose of this AGREEMENT is to specify the responsibilities and costs for the PROJECTS. 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. Perform engineering design of PROJECTS listed in the approved Capital Improvement Program. iii. Advertise and award the construction contract for the PROJECTS using the plans and specifications provided by DISTRICT NO. 19. iv. Perform construction engineering, contract administration and inspection of the PROJECTS. V. Approve and accept the PROJECTS when DELTA DIABLO has determined that said PROJECTS have been properly completed and DISTRICT NO. 19 has concurred in such determination. vi. Prepare a report of PROJECTS' receipts and disbursements and deliver same to DISTRICT NO. 19 within 30 days of DELTA DIABLO's acceptance of the PROJECTS. (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 PROJECTS. ii. Assist DELTA DIABLO by clarifying or interpreting the intent of the plans or specifications for the PROJECTS. iii. Provide funding for the PROJECTS. iv. Participate in the final inspection of the PROJECTS and concur in the determination that the PROJECTS have been properly completed before DELTA DIABLO accepts the PROJECTS. Before accepting the PROJECTS, DISTRICT NO. 19 shall give DELTA DIABLO written concurrence that the PROJECTS have been properly completed. 3. Project Funding: Subject to the provisions of this AGREEMENT, DISTRICT NO. 19 shall provide funding for all PROJECTS' expenses, including for consultants and contractors, 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 July 19, 1985 SERVICE AGREEMENT, a copy of which is attached hereto and incorporated herein. 4. Award of Contract and Change Orders. (a) DELTA DIABLO shall award the construction contract for the PROJECTS 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 PROJECTS without further written approval from DISTRICT NO. 19. (c) DELTA DIABLO shall have the authority to negotiate and approve contract change orders for the PROJECTS. However, before approving a change order that would substantially alter the PROJECTS' designs or that would cause the total amount of all PROJECTS' 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 PROJECTS during construction. DISTRICT NO. 19 shall participate in the final inspection of the PROJECTS. 5. Insurance and Hold Harmless. (a) The contract documents for the PROJECTS shall include provisions requiring the successful bidder to: (1) obtain and maintain in full force and effect during construction of the PROJECTS, workers' compensation,public liability, general 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 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 PROJECTS, 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 to begin. l (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 intending 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. (a) DELTA DIABLO shall accept the PROJECTS performed by the contractor when it has determined that the work has been properly completed and DISTRICT NO. 19 has concurred in such determination. (b) Upon acceptance of the PROJECTS, DISTRICT NO. 19 shall own and DELTA DIABLO shall be responsible for maintaining the PROJECTS and, notwithstanding the provisions of section 5(c), DELTA DIABLO shall defend, indemnify, save, and hold harmless DISTRICT NO. 19 and its officers and employees against any and all claims, demands, suits costs, expenses, and liability for any damages, injury, sickness, or death occurring after acceptance and relating to the design, engineering, survey, materials testing, construction, use, operation, or maintenance of the PROJECTS, except for liability resulting from the sole negligence or willful misconduct of DISTRICT NO. 19. 7. Maintenance. Once the PROJECTS are accepted by DELTA DIABLO,the operation and maintenance of the PROJECTS improvements shall be handled by DELTA DIABLO pursuant to the terms of the July 19, 1985 SERVICE AGREEMENT, a copy of which is attached hereto and incorporated herein. 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. Accountability. As required by Government Code section 6505,both parties to this AGREEMENT shall provide strict accountability of all funds received and disbursed for the PROJECTS. 10. Agreement Modification. This AGREEMENT shall be subject to modification only by 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. 11. Agreement Expiration. This AGREEMENT shall terminate on the same date and under the same circumstances as the July 19, 1985 SERVICE AGREEMENT, a copy of which is attached hereto and incorporated herein, except that the provisions of sections 5(b), 5(c), and 6(b) of this AGREEMENT shall survive any termination of this AGREEMENT. 12. Entire Agreement. This AGREEMENT contains the entire understanding of the parties relating to the subject matter of this AGREEMENT. CONTRA COSTA COUNTY DELTA DIABLO SANITATION SANITATION DISTRICT DISTRICT NO. 19 By: �44L-,, By: W (� Chai , Board of Directors Chair, Board of Supervisors ATTEST: ATTEST: 7'l'l� ao� 1997 Phil Batchelor, Clerk of the Board of Supervisors and County By: Administrator Secretary of the Board FORM APPROVED: By: c Victor J. Westman, County Counsel Deputy RECOMMENDED FOR APPROVAL: J. Michael Walford, Director of Public By: Works Silvano B. Marchesi, Assistant County C unsel By: FORM APPROVED: Victor J. Westman, County Counsel By: Phillip Althoff, puty Cou ty Co sel �2 t:\engineer\j epa.doc FILE 'CGPY SERVICE AGREEMENT 1. EFFECTIVE DATE AND PARTIES. Effective on July 19 , 1985, Contra Costa County Sanitation District No. 7-A, a municipal corporation (hereinafter called "Delta Diablo".) , and Contra Costa County Sanitation District No. 19, a municipal corporation (hereinafter called "District No. I9") , mutually agree and promise as follows: 2. PURPOSE. The parties desire to provide for the performance by Delta Diablo o," those services required to continue the operation and maintenance of. water and wastewater facilities within District No. 19, the costs thereof to be borne by District No. 19. 3. DELTA DIABLO SERVICES. Delta Diablo shall provide the following services: A. Scope of Services. 1. Operation and Maintenance o.: Facilities: Provide all personnel , supervision, machinery, equipment, tools, materials, and supplies necessary to Operate and maintain District No. 19' 5 facilities t0 industry standards. Delta Diablo shall be responsible for determining what services and supplies are necessary to carry out the terms of this acree: .ent. However, Delta Diablo shall not unreasonably refuse to perform services or furnish supplies requested by District No. 19. Z. Laboratory Testina. Provide all laboratory testing in accordance with requirements of the Regional Water Quality Control Board, State Department of Public Health, County Department of Health Services and as requested by District No. 19. 3. Alarm Monitorina and EmeraencY Services. Monitor the alarm unit twenty-four (24) hours per day and provide personnel , vehicles , equipment, materials, and spare parts to correct system malfunctions and/or other .emergencies. 4. Spare Parts . Maintain an adequate spare parts inventory. Spare parts 'purchased for the sole use and benefit of District No. 19 shall be stored separate from Delta Diablo inventory. 5. Capital Expenditures . Obtain the prior written approval of District No. 19 before incurring capital expenditures, which are defined as expenditures on new facilities , as opposed to repair or maintenance of existing facilities. 6. Eneineerina. Provide all personnel and re-tain consultants, as necessary, to complete all of the engineering functions for District No. 19, including reviewing improvement plans, performing lona-range facility planning, implementing capital improvements, answering complaints, inspecting new facilities, and issuing permits. 7. Administration. Provide all personnel to complete the administra- tive functions for District No. 19, including staffing Citizens Advisory Committee _ meetings, preparing annual program and line item budgets, and preparing reports and ordinances. 8. Records . Provide all personnel and facilities to preserve, maintain, and update a Complete set of separate files : and records for District No. 19. B. Personnel 1. Basic .Crew. Delta Diablo shall provide the necessary personnel and equipment to accomplish the work described in Paragraph A above. All personnel Main- will be under the supervision of Delta .Diablo's Chief of .Operations and Main- tenance, who will receive policy and priority direction from Delta Diablo' s Manager/Engineer. 2. Qualified Persons. The personnel furnished shall perform work requiring the skills set forth in relevant Delta Diablo job classifications, and they shall meet the minimum requirements as described in the jobspecifications and as required by the State of California statutes, rules, and regulations. 4. DELTA DIABLO CHARGES FOR SERVICES; BILLINGS & PAYMENT. District No. 19 shall pay Delta Diablo, as compensation for the services performed hereunder, the actual cost of providing the services, subject to the following conditions: 2 A. Personnel . Delta Diablo charces for personnel , including engineer- ing staff, shall be based upon each individual ' s "hourly cost accounting rate" for each job classification . As used in this agreement, "hourly cost accounting rate" is defined as actual salary and benefit, and Delta Diablo overhead. B. Vehicles, Machinery & Eauioment. All vehicles, machinery, and equipment used in performing services hereunder shall be charged at an .hourly rate which represents the- actual cost of operating and maintaining the vehicle, machinery or equipment, together with Delta Diablo overhead. C. Materials . Materials provided by Delta Diablo will be charged at actual cost. D. Miscellaneous Exoehses. Miscellaneous costs incurred by Delta Diablo hereunder,. such as mileage payments, and authorized overtime meals, shall be charoed at actual cost. E. Overhead. - The services described in paragraphs 3.A.7. and 3.A.8. , sanitary facility plan review, and issuance of permits shall be included as overhead and shall not be charged separately. F. Revision of Pates. All rates for personnel , vehicles, machinery, .and equipment shall be subject to revision by Delta Diablo to reflect current costs, as those costs increase. The rates which shall apply initially to personnel , vehicles, consultants to be used on a routine basis, machinery and equipment are as shown in Attachment A. As these rates chance, Delta Diablo shall within 30 days send written notice to the Citizens Advisory Committee and District No. 19 of such chance. G. Billings and Payment. Delta Diablo shall keep monthly itemized cost records on all- services performed and render a 'monthly statement first to the District No. 19 Citizens Advisory Committee for review and comment. Upon receipt of such comments, Delta Diablo shall forward them and the monthly statement to District - No. 19. Payments by District -No. 19 to Delta Diablo shall be made 3. J within- 30 days of receipt of the statement and Citizens Advisory Committee comments. Each Delta Diablo statement shall generally include, but not be limited to, the following: (a) Personnel ( staff) charges according to the applicable hourly cost accounting rate. — (b) Hourly charges for vehicles, machinery, and equipment. (c) Material charges. (d) Miscellaneous expense. (e) Description of services provided. H. Audit. The annual audit of Delta Diablo shall be expanded to include the services provided to District No. 19. The incremental cost for the expanded audit shall be borne by District No. 19. Copies of the audit shall be presented to the District No. 19 Citizens Advisory Committee .and to District No. 19. S. STATUS OF EMPLOYEES. All persons employed in the performance of the work under the direction of Delta Diablo's Chief of Operations and Maintenance shall be employees of _Delta Diablo and not of District No. 19, and no District No. 19 employee as such shall be taken over by Delta Diablo because of this agreement. Nothino in this Section is intended to prevent Delta Diablo's direct employment of any current District No. 19 or County employees and the transfer of those employees to the service of Delta Diablo. 6. SUPEP,VISION OF EMPLOYEES. In perfor„�i.ng services under this agreement, Delta Diablo personnel shall be subject to supervision and direction solely from Delta Diablo's management. 7. HOLD HARMLESS AND INSURANCE. District No. 19 shall full defend, hold harmless, and indemnify Delta Diablo, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out. of or in connection with (1) any work performed under this agreement, except for liability arising from the sole negligence or willful misconduct of Delta Diablo, its officers, agents, or employees, and (2) any losses due to pollution. 4 1 f Delta Diablo shall cause -District No. 19, its officers, employees and agents to be added as additional insureds on Delta Diablo' s public liability insurance, excluding coverage for losses due to pollution and damages to District No. 19 facilities , and shall provide District No. 19 with a certificate of insurance evidencing said addition. The certificate shall require 30 days ' written notice to District No. 19 of policy cancellation, lapse; or modification. The cost to Delta Diablo of said addition, which exceeds the zost of insurance reflected in its overhead charge, shall be charged to District No. 19. 8. NOTICEE. Any and all notices or statements or reports to District No. 19 required by the terms of this agreement shall be given in writing addressed to the Public Works Director, 6th Floor, County Administration Building, 651 Pine Street, Martinez, CA 94553. . Any and all notice, statements or reports to Delta Diablo required by the terms of this agreement shall be given in writing to the District Manager/Engineer, P.O. Box 929, Antioch, CA 94509. 9. TERM, TERMINATION. This agreement shall continue in full force and effect from year to year until terminated. This agreement maybe terminated at any time by either party ­gi-ving written notice to the other party at .least eleven months before the end of any fiscal year (June 30) , to be effective at the end of that fiscal year, or at a date mutually agreed upon by both parties. Upon termination of this agreement, all District No. 19 files and records, .and all spare parts, instruments , tools, and equipment paid for by District No. 19 shall be delivered to District No. .19. 10. SUCCESSORS. This agreement shall inure to the benefit of and be. binding on the successors and assigns of each party. 5 J _ 11. NOVATION; PREVIOUS AGREEMENT SUPERSEDED. The parties hereto previously entered into a Services Agreement, dated 18 October 1983, involving provision o-f services by Delta Diablo upon the request of District No. 19' s District Engineer. By this novation agreement the parties hereby supersede their 10-18-83 Services Agreement, and said 10-18-83 agree-ient shall be of no -further -force or e`,"ect, only as to the parties hereto. CONTRA COSTA COUNTY SANITATION CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 D STRICT NO. 7-A BY B Chair, Board/bf Supervisors Chair, Board/ o-" Directors V ATTEST : 'PL, IL BATCHELOR, Clerk AiirST: RONALD A. TSUGITA, ,•o� the Board of Supervisors Secretary .and County Administrators C� By GepL�ty v RECOMMENDED FOR APPROVAL: - J. MICHAEL WALF.ORD, Public Works Director and Chi el: gine�r V � APPROVED AS TO FORM: VICTOR J. WESTMAN County Counsel B yjyn4t,6 Deputy aareedeltdblo 6 70: DDAM CC SUPUMSMS, AS MS GOVF-NIN3 JKWO (L7 CCrIIItA MM COMIX S11NI'T1ITICN DEMUCT ND. 19 Flul: J. MIC}3AGL WAL.=, DISEMCT R4IIIELTt SAN ITA rICN DI SIR ICT tU. 19 L1tLM July 16, 1985 SUBJP:�'r: SMVICE AGRM—lair 1.71'111 SANITATION DISTRICT NO. 7A Specific Request(s) or Recaunendation(s) & Backgrchux3 & Justification Pxcavamm kI`IcN: APPROVE and AUTHORIZE the Chairwanan to execute, on behalf of Sanitation District No. 19, a service agreement with Sanitation District No. 7A, for services required to continue the operation, administration, engineering, and maintenance of water and wastewater facilities within Sanitation District No. 19. FINANIZIAL IMPACT: A report has been submitted to the Sanitation District No. 19 Citizens Advisory Carmittee. It indicates that the operating costs can be expected to increase approximately 10 percent due to higher salaries paid to District No. 7A onployees. This would amount to approximately $30,000 annually. 'The manager of District No. 7A has stated that the operating oasts will be the sane or less. .The financial impact on the other sanitation districts is expected to be minimal, collectively less than $10,000. Rs FOR REMTOMATION/N CMD: At this time the management, engineering, and operational services for Contra Costa County Sanitation District No. 19 are provided by County personnel. After reviewing the above report and after reviewing public comments, the Contra Costa County Sanitation District No. 19 Citizens Advisory Committee has recommended that the services be provided by Contra Costa County Sanitation District No. 7A personnel.. Under the terms of the service, agreement, Contra Costa County Sanitation District 7A will be responsible for operating and maintaining the water wells, water distribution system, sewage collection system, and the sewage treatment plant that belong to Contra Costa County Sanitation District No. 19. District No. 7A will also be responsible for all engineering, ntanninQ_._and _preparing reports for administration of District No. 19.