HomeMy WebLinkAboutMINUTES - 03021999 - C5-C9 �x
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 2, 1999
SUBJECT; Approve Plans and Specifications and Advertise for bids for the Byron Airport Automated
Weather Observing System Project, in the Byron area.
AIP Project No. 3-06-3008-09, County Project No. 4875-6X5339, CDD-CP # 98-66.
Specific Request(s) or Recommendation(s) & Background & Justification
1, RECOMMENDED ACTION:
APPROVE the Plans and Specifications for the Byron Airport Automated Weather Observing
System Project and
ADVERTISE for bids to be received on Tuesday, April 6, 1999, at 2.00 p.m.
DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section
22037 of the Public Contract Code,
.' v
z
4
Continued on Attachment: X SIGNATURE; GG t
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S);
ACTION OF BOARD ONAPPROVED AS RECOMMENDED
v ;
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT
AYES. NOES.
ABSENT; ABSTAIN: I hereby certify that this is a true and correct
copy of an action taker; and entered an the
SK.sd minutes of the Beard of Supervisors on the
C:\GrpData\Design\Board Orders\130 1999\ date shown.
Byron Airport Automated Weather Observing System 3-2.doc
ATTESTED: �_°W a 6S 9 —} _;2_c
Orig.Div: Public Works(Design Division) PHIL BATCHELOR, Clerk'of the Board
Contact: Steve Kowalewski(313-2225) of Supervisors an
cc: E.Kuevor,CAO , P d ant Administrator
Auditor-Controller J ����r a Deputy
Community Development_
PW Accounting
Construction
K.Freitas,Airport
SUBJECT; Approve Plans and Specifications and Advertise for bids for the Byron Airport
Automated Weather Observing System Project in the Byron area.
AIP Project No. 3-06-3008-09, County Project No. 4875-6X5339, CDD-CP # 98-66.
DATE: March 2, 1999
PAGE, 2
11. FINANCIAL IMPACT:
The estimated contract cost of the project is $179,725, funded by Federal Aviation Administration
(90%), State (4.5%), and County Enterprise funds (5.5%).
111. REASONS FOR RECOMMENDATIONIBACKGROUND:
The project is needed to enhance existing safety devices at Byron Airport by providing critical
weather data to pilots 24 hours a day.
The Public Works Director has fled with the Board of Supervisors the Plans and Specifications
for the project.
The general prevailing rates of wages, which shall be the minimum rates paid on this project; have
been filed with the Clerk of the Board and copies will be made available to any interested party
upon request.
The Board reviewed and approved the project on October 6, 1998 and determined the project to
be exempt from the California Environmental Quality Act as a Class 1 f Categorical Exemption. A
Notice of Exemption was filed with the County Clerk on October 8, 1998.
IV. CONSEQUENCES OF NEGATIVE ACTION;
If the project is not approved for advertising, it will not be constructed.
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL.WALFORD, CHIEF ENGINEER
DATE. MARCH 2, 1999
SUBJECT: AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH HARRIS
AND ASSOCIATES FOR SAN RAMON CREED IMPROVEMENT PROJECT, ALAMO
AREA.
Project No.: 7520-688562
SPECIFIC REQUESTS)OR RECOMMENDAT€ON;S)&BACKGROUND AND JUSTIFICATION
la Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer to execute Amendment No. 2 to the Consulting
Services Agreement with Harris and Associates for the San Ramon Creek Improvements Project.
11. Financiallmpact:
There will be no impact to the County General Fund. The $20,000 increase for this contract
amendment will be funded by the Flood Control Zone 3B (100%).
Continued on Attachment: X SIGNATURE: LZ -
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONf" F , > APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS (ASSENT
AYES: NOES: I hereby certify that this IS a true and correct
ABSENT: ABSTAIN: copy of an aotio j ta�en and entered on the
€ mutes of trio Board of supervisors on the
OS.sd date shown.
G Grpbata0ssign\Board Orders\80 19991San Ramon Creak improvements Amend2 3-2.doc
Contact: Diana Spoto,(925;31.3-2308 y . l ' t
Orig.Div: PubficWorks ATTESTED.
cc: Auditor-Ccntrotler RI-IIL BAT CH:1-('')?1, C,e;rk of the Board
E.Kuavor,CACof Supervisors and �o�ty Adl�(Eni�tr�tor
R.361christ Accounting a'
Harris and As3ociaias a � �✓ " f D uty
DATE: MARCH 2, 1999
SUBJECT: AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH HARRIS
AND ASSOCIATES FOR SAN RAMON CREEK IMPROVEMENT PROJECT, ALAMO
AREA.
Project No.: 7529-6136562
PACE; 2
Ill. asons far Recommendatlms and Backaround:
The Board of Supervisors on April 14, 1996 authorized the Chief Engineer to execute a Consulting
Services Agreement with Harris and Associates to provide construction support for the San
Ramon Creek Improvement Project. It has been mutually determined that additional design
support is required in order to complete Phase 11 of the project. As well as additional work to
complete construction support of Phase I of the project.
IV. _ onae uences of Ne"lve Action:
If this Resolution is not approved, the design of the San Ramon Creek Improvement Project
Phase 11 will lack feedback from Phase I work, which may result in higher construction costs and
the consultant will not be paid for work necessary to complete Phase I construction support.
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 2, 1999
SUBJECT: APPROVE CONSULTING SERVICES AGREEMENT WITH BONN'EAU DICKSON,CONSULTING
SANITARY ENGINEER,FOR ANALYSIS OF THE STONEHURST WASTEWATER.TREATMENT
FACILITY, SANITATION DISTRICT NO. 6,MARTINEZ AREA (WO# 9E30)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE consulting services agreement in the amount of$9,785.00 with Bonneau Dickson, Consulting Sanitary
Engineer and AUTHORIZE the Public Works Director to execute the agreement.
H FinancialImr�act:
None. 100%Contra Costa County Sanitation District No. 6 funis.
111. Reasons for Recommendation and Background:
Over the past several years there have been a considerable number of repairs related to deficiencies in the
construction work and/or materials used in the original construction of the Sanitation District No. 6 treatment
facilities at the Stonehurst development. The Sanitation District and the Stonehurst Homeowners Association
wanted an independent evaluation of the deficiencies and the development of a plan to improve the existing system
to a satisfactory condition.
1V. Consequences of Negative Action:
The evaluation will not be completed.
r
Continued on Attachment:X SIGNATURE: 3
IN
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON�� J � > APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT A_,f _.e )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby cert!fy that this is a true and correct
SE:es copy of an action taken and entered on the
g:\Grndata\Spdist\BoardOrders'\Marcn\vsckson.doc minutes of the Board f Supervils`•ors on the
Orig.Dim: Public Works(Special Districts) date shown.
Contact: Ski,Bpperiy(313-2253) t t,3T �:
cc: County Administrator
Assessor PHIL ATCd"1E1..C"', Cerk of the Board
Audswr-Coatrot(er �u -Ve stirs and Cou s Adrnl;nlstrator
County Counsel p
PW Accounting i $..
By < <" r Deputy
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 2, 1999
SUBJECT: APPROVAL OF LANDSCAPE MAINTENANCE AGREEMENT WITH THOMPSON
LANDSCAPE MAINTENANCE FOR COUNTY SERVICE AREA M-8, DISCOVERY BAY
AREA. PROJECT NO. 7478-2282 - SAS 6X5009
I. Recommended Action:
AUTHORIZE the Purchasing Agent to execute the agreement with Thompson Landscape Maintenance with
a payment limit of$136,560.00 for landscape maintenance in Discovery Bay.
II. Financial lmpact:
There will be no financial impact to the General Fund. The funding source will be County Service Area M-8
Discovery Bay reserves(Org. No. 7478).
III. Reasons for Recommendations and Background:
The agreement with Thompson Landscape provides for the overall maintenance of the park,public right of
way frontage and median landscaping in the Discovery Bay community.
IV. Consequences of Negative Action:
Landscape maintenance will be negatively impacted without implementation of this contract.
Continued on Attachment:x SIGNATURE: Ll"�vv
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE —OTHER
SIGNATUREW:
:
ACTION OF BOARDN APP V E
OF SUPERVISORS
UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN: I Hereby certify that this is a. true and correct
PE:cs copy of an action taken and entered or. the
G:IGrpData%SpDistkBoardOrdersWerchlThompson99.doc minutes of the Board of Supervisors on the
0110.Div: ?ublic Works(Special Districts)
Contact: Paula Edmonds(313-2389) date shown.
co: Au ccntron r
P.W.AcAcccunflr ATTESTED:
Purchasing t.�
P.W.-special Districts PHIL B.AT CKE-'L,OR, Clerk of the Board
of Supervisors and O unty Administrator
y �t� � � Deputy
,of tie Costa County Number
Standard Form 1/87 Fund/Org#7478
Account#2282
Standard Contract Other#SAS 6X5009
feurchase of Services}
1. Contraot Identification.
Department: Public Works Department
Subject: Landscape Maintenance: Discovery Bay
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named
Contractor mutually agree and promise as follows:
Contractor: Thompson Landscape Maintenance
Capacity: Contractor
Address: 975 Discovery Bay Blvd. Taxpayer IID No.: 68-098-1603
Byron, CA 94524
3. Term. The effective date of this Contract is February 1, 1999 and it terminates 3anuary 31, 2009 unless sooner terminated
as provided herein.
4. Payment Limit. County's total payments to the Contractor under this Contract shall not exceed $136,560.00
5. Countv's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached
hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan
attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated
herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any)
attached hereto as Exhibit A, which are incorporated herein by reference,
8. Project. This Contract implements the continued grounds maintenance in County Service Area M-8(Discovery Bay) per
the terms and conditions specified in the December 15, 1995 proposal by Thompson Landscape Maintenance as
prescribed and reviewed and approved by the Citizens Advisory Committee for County Service Area M-8.
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
Board of Supervisors AT Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
Bys
`.`hair s , ! signee Deputy
r CONTRACTOR
By �/✓;° � ; y€�` - Ba/ Ian r' 1aA - '
(Designate official business capacity A.) (Designate official business capacity B.)
Note to Contractor: For corporations (profit or nonprofit), the Contract must be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary;Civil Code Section
1190.1 and Corporations Code Section 313).
G:\G�pData\SpDist\CONTRACTITHOM?SONAGR99.doc
J ,wary 7, 1999
EXHIBIT A
County Service Area M-B, Discovery Bay Read Medians and Park
Landscape
,SQ an Location of Work M=hly
1, Cornell Parc $ 4,000.
Z Road Levees & Median Islands
Two islands at the end of South Pent
• Two islands at the end of Cabrillo Paint
• Island on Limo Circle at Discovery Point
• Four islands on Discovery Point
g Two islands on Willow Lake Court
Two islands on Discovery Say Blvd.
a Two islands at the end of Laguna Court
Two levees on Marina Circle
Two levees on Beach Court
Two levees on limo Circle 1.7'50.
3. Marina Road I &11 400,
4. Clipper Drive & Tot Lot 950.
5. Newport Drive (entire landscaped area.) 600.
6. Willow Lake road 400,
7. Discovery Bay Blvd. (Bast Side) 600.
8. Discovery Say Blvd. (West Side}
Sand Poen, Road
Seal Road 1.680,
9 .Lawns on Discovery Say Blvd.
Gast & West side of Discovery Bay Blvd.)
Two main entrance lawns at Hiway 4 entrance
Two median lawns at Hiway 4 entrance
Two lawns at Bdgeview Drive
Two lawns at Bi wood Drive
One large lawn: on Willow Lake Road and Blvd. 606.
40. Hiway 4 Landscape (from Newport Drive to Discovery Bray
Blvd.) 1,063,
TOTAL 11=,380.
(_nr,Lra WSLa UOULILY btanaaro korm 1.10/
GENERAL CONDITioNs
(Purchase`of Services)
1a Compliance with Laza. Contractor shall be subject to and comply with all
Federal, State and local Laws and regulations applicable with respect to its perfor-
mance under this Contract, including but not limited to, licensing, employment and
purchasing practices; and wages, hours and conditions of employment, including
nondiscrimination
2. Inspection. Contractor's performance, place of business and records per-
taining to this Contract are subject to monitoring, inspection, review and audit by
authorized representatives of the County, the state of California, and the United
States Government .
3. Records. Contractor shall ;peep and make available for inspection and
copying by authorized representatives of the County, the State of California, and the
United States Government, the Contractor's regular business records and such addi-
tional records pertaining to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents per-
taining to this Contract for five years from the date of submission of Contractor's
final payment demand or final .Cast Report; for any further period that is required by
law; and until all Federal/State audits are complete and exceptions resolved for this
contract's funding period. Upon request, Contractor shall make these records avail-
able to authorized representatives of the County, the State of California, and the
United States Government,
b. Access' to Hooks . and Records of Contractor, Subcontractor. Pursuant to
Section 1561(v)(1) of the Social Security .Act, . and any .regulations promulgated
thereunder, Contractor shall., upon written request and until the expiration of four
years after the furnishing of services pursuant to this Contract, make available to
the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract ind books, documents, and
records of Contractor that are necessary to certify the nature and extent of all
costs and charges hereunder .
Further, if Contractor carries out any of the duties of this Contract through a
subcontract with a value or cost of $10,000 or more over a twelve-month period, such
subcontract shall contain a clause to the effect that upon written request and until
the expiration of four years after the furnishing of services pursuant to such
subcontract, the subcontractor shall make available, to the County, to the Secretary
or to the Comptroller General , or any of their duly authorized representatives, the
subcontract and books , documents, and records of the subcontractor that are necessary
to verify the nature and extent of all costs and charges thereunder.
This special condition is in addition to any and all other terms regarding the main-
tenance or retention of records under this Contract and is binding on the heirs ,
successors , assigns and representatives of Contractor.
4. deporting RequIrements . Pursuant to Government Code §7550, Contractor shall
include in all documents or written reports completed and submitted to County in
accordance with this Contract , a separate section listing the nt=bers and dollar
amounts of all contracts and subcontracts relating to the preparation of each such
document or written report. This section shall apply o:Iy if the payment limit under
this Contract exceeds $5,000.
'l.`4f LdiP»fi Lq,d4CR. tAi itdfi l»�1' //�.��Iryy��'p��yy y�,�j CONDITIONSaµF.��..{.Lft $ll
(Purchase of Services)
5. Termination-
a. Written Notice. This Contract may be terminated by either party, at
their sole discretion, upon thirty-day advance written notice thereof to the other,
and may be cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly
any of its obligations hereunder. In the event of such termination, the County may
proceed with the work in any reasonable manner it chooses. The cost to the County of
completing Contractor's performance shall be deducted from any sum due the Contractor
under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the
event that 'Federal, State, or other non-County funding for this Contract ceases, this
Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms andconditions
agreed uponn by the parties. Except as expressly provided herein, no other
understanding, oral or otherwise, regarding the subject matter of this Contract shall
be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Retailed specifications of
operating procedures and budgets required by this Contract, including but not limited
to, monitoring, evaluating, auditing, bi.11,ing, or, regulatory changes, may be devel-
oped and set forth in a written Informal Agreement between the Contractor and the
County. Such Informal Agreements. shall be designated as such and shall not be
amendments to this Contract except to the extent that they further detail or clarify
that which is already required hereunder. Such Informal Agreements may not enlarge
in any manner the scope of this Contract, including any s€zms of money to be paid the
Contractor as provided herein. Informal Agreements may be approved and signed by the
head of the County Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. • General Amendments. This Contract may be modified or amended by a
written document executed by the Contractor and the Contra Costa County Board of
Supervisors or, after Board approval., by its designee, subject to any required State
or Federal approval..
b. Adr-luistrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan, may be amended by a written administrative amendment
executed by the Contractor and the County Administrator or his designee, subject to
any required State or Federal approval, provided that such administrative amendments
may not materially charge the Payment Provisions or the Service Plan.
9. 2isutes. disagreements between the County and Contractor concerning the
meaning, requirements, or performance of this Contract shall be subject to final
determination in writing by the head of the County Department for which this Contract
is made or his designee or in accordance with the applicable procedures (if any)
required by the State or Federal. Government .
-2-
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction. -
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract .shall be .instituted and prosecuted
in the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or
State regulations or laws touching upon the subject of this Contract be adopted or
revised during the term hereof,- this°.; Contract shall be deemed amended to assure
conformance with such Federal or State requirements.
12. No Waiver by County. subject to- Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee
of the County indicating the Contractor's performance or any part thereof complies
with the requirements of this Contrast, or acceptance of the whole or any part of
said performance, or payments therefor, or any combination of these acts, shall not
relieve the. Contractor's obligation to fulfill -this Contract as prescribed; nor shall
the County be thereby estopped from bringing any action for damages or enforcement
arising from any failure to comply with any of the terms and conditions of this.
Contract.
13. Subcontract and Assignment. This Contract binds 'the heirs, successors,
assigns and representatives of Contractor. . The_ Contractor shall not enter into
subcontracts for any work contemplated under this Contract and shall not assign this
Contract or atonies due or to become due, without the prior written consent of the
County Administrator or his designee, subject to any required State or Federal
approval.
14. Independent Contractor Status. This Contract is by and between two
independent contractors and is not intended to and shall not be construed to create
the relationship between the parties of agent, servant, employee, partnership, joint
venture or association.
15. Conflicts of Interest. contractor, its officers, partners, associates,
agents, and employees, shall not make, participate in making, or in any way attempt
to use the position afforded them by this Contract to influence any governmental
decision in which he or she knows or has reason to know that he or she has a
financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates, agents and employees to comply with all applicable State or
Federal statutes or regulations respecting; confidentiality, including but not limited
to , the identity of persons served under this Contract, their records, or services
provided them, and assures that.
a. All applications and records concerning any individual made or kept by
Contractor or any pjblic officer or agency in connection with the administration of
or relating to services provided under this Contract will be confidential, and will
not be open to examination for any purpose not directly connected with the
administration of such service.
-3-
GENES AL CONDITIONS
(purchase of Services)
b. No person vi-11 publish cTr disclose or permit or cause to be published or
disclosed, any List of persons receiving services, except as may be required in the'
administration of such service. Contractor agrees to inform all employees, agents
and partners of the above provisions , and that any person knowingly and intentionally
disclosing such information other than as authorized by law may be guilty of a
misdemeanor .
17. Nondiscriminatory Services.. Contractor agrees that all goods and services
under this Contract shall be available to all qualified persons regardless of age,
sex, race, religion, color, national origin, or ethnic background, or handicap, and
that nose shall be used, in whole- or in part , for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save -and hold
harmless the. County and its officers and employees from any and all claims, costs and
liability for any damages, sickness, death, or injury to person(s) or property,
.including without limitation all consequential damages, from any cause whatsoever
arising directly or indirectly from or connected with the operations or services of
the Contractor or its agents, servents, employees or subcontractors hereunder, save
and except claims or litigation arising through the sole negligence or sole willful_
misconduct of the County or its officers or employees. Contractor will make good to
and reimburse the County for any expenditures , including reasonable attorneys fees,
the County may make by reason of such matters and, if requested by the County will-
defend any such suits at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or
modification, thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements unless otherwise expressed in the Specials
Conditions :
a. Liability Insurance. The Contractor shall provide comp*:ehensive. l.iabi-
lity insurance, including coverage for owned and non-owned automobiles, with a
miaim= combined single limit coverage of $500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use .thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County
and its officers ay.d employees as additional insureds as to all services performed by
Contractor under this agreement. Said policies shall constitute primary insurance as
to the County, the State and Federal Governments, and their officers, agents, and
employees, so that other insurance policies held by them or their self-insurance
program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies .
b. Workers' Compensation. The Contractor shall provide workers'
compensation insurance coverage for its employees .
C. Certificate of Insurance. The Contractor shall provide the County with
(a) certificates) of insurance evidencing liability and worker's compensation
insurance as required herein no Later than the effective date of this Contract. If
the Contractor should renew the insurance volicy(ies) or acquire either a new
insurance policy(ies) or amend the coverage afforded through an endorsement to the
policy at any time during the term of this Contract, then Contractor stall provide
(a) current certificate(s) of insurance.
d. Additional 1'nsurance Provisions . fine insurance policies provided by the
Contractor small include a provision for thirty (30) days written notice to County
before cancellation or material change of the above specified coverage.
-4--
. ...zr,+:a..tii i,,{)fjL2i t,,eltlatae.y .`lLiil.lL'iiLB: :U::U1
. ild5d
`KNERAL CONDITIONS
(Purchase of Services)
20. Notices. All notices provided for by this Contract shall be in writing and
may be delivered by deposit in the United States mail, postage prepaid. Notices to
the County shall be addressed to the head of the County Department for which this
Contract is made. Notices to the Contractor shall be addressed to the Contractor's
address designated herein. The effective date of notice shall be the date of deposit
in the mails or of other. delivery, .except that the effective date of notice to the
County shall be the date of receipt by the .head of the County Department for. which
this Contract is made.
21. .Primacy of General Conditko'us. Except for Special Conditions which
expressly supersede General Conditions, the Special Conditions (if any) and Service
Plan do not limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by
Contractor under this Contract will be purchased by County under a new contract
following expiration or termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such
services from Contractor.
23s Possessory Interest. if this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does
not vest ownership of the land or improvements in the same person, or if this
Contract results in the placement of taxable-improvements on tax exempt land (Revenue
& Taxation Code §1037), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of
property taxes levied on such interest. Contractor agrees that this provision
complies with the notice requirements of Revenue & Taxation Code §107.6, and waives
all rights to further notice or to damages ander that or any comparable statute.
24» No Third-Party Beneficiaries. Notwithstanding mutual recognition that
services under this Contract may provide some aid or assistance to members of the
County's population, it is not the intention of either the County or Contractor that
such individuals occupy the position of intended third-party beneficiaries of the
obligations assumed by either party to this Contract .
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without
the express written consent of the County Administrator. If any material is subject
to copyright, the County reserves the right to copyright such and the Contractor
agrees not to copyright such material.. if the material is copyrighted, the County
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish,
and use such materials, in whole or in part , and to authorize others to do so.
-5�
TAYIMNT PROVISIONS
;ost.Basis Contracts)
Number
1- Panent Basis. Subject to the Payment Limit, payments to the Contractor for
all services provided for County under this Contract shall only be for costs that are
allowable costs that are actually incurred in the performance of Contractor's obliga-
tions sander this Contract.
2. Payment _Amounts. Subject to later adjustments in total payments as provided
below and subJect to the Payment Limit of this Contract, County will pay Contractor as
full compensation for all services , work., expenses or costs provided or incurred by
Contractor:
(Check one alternative only] o
�X) a. $ 9,800.00 monthly; or
( b. $ per unit, as defined in the Service Plan, or
c. An amount equal to Contractor's allowable costs that are actually
incurred each month, but subject to the "Budget of Estimated program
Expenditures" included in the Service Plan.
( d. As set forth in Paragraph 1. of the service Plan. "
3. Allowable Costs. Contractor's allowable costs are only those which are
determined in accordance with:
[Check applicable alternative]
a. Department of Realthand Human Services A?-Iministration of Grants
Federal Regulations Title 45 Part 74 including any amendments thereto
and the applicable Subpart listed hereunder; any other documents spe-
cified in the Service Plan 'regarding principles for determining and
allocating the allowable costs of providing the services; and any stag-
dards set forth in the Service Plan for determining the allowability of
selected items of costs of providing the services .
Federal. Management Circular A--87, including any amendments to
the circular published in the Federal. Register by OMI1 is to be
used for determining allowable costs of activities conducted by
state and local governmental agencies.
s ]
OMB Circular A-122, Including any amendments to the Circular
published in the Federal. Register by OMB is to be used for
determining allowable costs of activities conducted by nonpro-
fit organizations (other thin government agencies, educational
institutions, and hospitals).
f 41 CFR Subpart 1=15.2 shall be used for profit organizations
other than hospitals.
f OMB Circular No. A®21, including any amendments to the Circular
published in the Federal Register by OY3 shall be the prin-
ciples to be used for determining allowable costs by educa•-
tional institutions (other thann for--profit institutions).
Appendix E Subpart Q Section 74.173 shall be used for deter--
mining costs of research, development work., and other activi-
ties for determining allowable costs.
or
b. Such State regulations and documents as are set forth in the Service
Plan regarding accounting guidelines , i cluding standards for -deter-
mining allowable or non allowable 'costs.
Initials:
Contractor y Rept -
-1-
PAYMENT PROVISIONS •.
`Cost Basis Contracts)
Number
4. Payment Demands. Contractor shah submit written demands. Said demands `
'shall be made on County Demand Form D--15 and in the manner and form prescribed by
County. Contractor shall submit said demands for payment no later than 30 days from.
the end of the month in which the contract services upon which such demand is based
were actually rendered. Upon approval of said payment demands by the head of the
County Department for which this Contract is made, or his designee, County will make
payments as specified in Paragraph 2. (Payment Amounts) above.
5. Right to Withhold. County has the right to withhold payment to the Con-
tractor when, in the opinion of the County expressed in writing to the Contractor,
(a) the Contractor's performance, in whole or in part, either has not been carried
out or is insufficiently documented,*%,(b) the Contractor has neglected, failed or
refused to furnish information or to cooperate with any inspection, review or audit
of its program., work or records, or (c) Contractor has failed to sufficiently itemize
or document its demand(s) for payment.
6. Cost ReDort and Settlement. No later, than forty-five (45) days following
the termination of this Contract, Contractor shall submit to County a cost report in
the farm required by County, showing the allowable costs that have actually been
incurred by Contractor ander this Contract. if said cosh report shows that the
allowable costs that have actually been incurred by Contractor under this Contract
exceed the payments -made by County, subject nevertheless to the payment limit of this
Contract, County will remit any such excess amount. to Contractor, provided that the
payments made, together with any such excess amount, may not exceed the contract
payment limit. If said cost report .shows that the payments made by County exceed the
allowable costs that have actually been incurred by Contractor under this Contract,
Contractor shall remit any such excess amount to* County.
7. Audits. ll3e records of the Contractor may be audited by the County,. State,.
or United States •government, in. addition, to any certified cost report or audit
required by the Service Plan. Any certified cost report. or audit required by the
Service Plan shall be submitted to County by Contractor within such period of time as
may be expressed by applicable State or Federal regulations, policies or contracts,
but in no event later than lS months from the termination date of this Contract.. f f
such audit(s) show that the payments made by County exceed the allowable. costs that
have actually been incurred by Contractor under this Contract, including any adjust-
ments made pursuant to Paragraph 6. (Cost , Deport and Settlement), then Contractor
shall., pay to County within 30 days of demand by County any such excess amount. If
such audit(s) show that the allowable costs that have actually been incurred by
Contractor under this Contract exceed the payments made by County, including any
adjustments rade pursuant to Paragraph. 6. (Cost Report and Settlement), then County
agrees to pay to Contractor any such excess amount, provided that the payments made,
together with ,any such excess payment, may not exceed the contract payment limit .
8. Audit Exceptions. In addition to its obligations under Paragraph. 7.
(Audits) above, Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or.
Federal audit agencies occurring as a result of its performance of this Contract.
Contractor also agrees to pay to the County within 30 days of demand by County the
full amount of the County's obligation, if any, to the State and/or Federal govern-
ment resulting .from any audit exceptions , to the extent such are attributable to the
Contractor' s failure to perform properly any of its obligations under this Contract.
Initials=
Contractor y Dept .
-2-
County Service Area M-8 EXHIBIT A
Discovery Bay ,
Landscape Maintenance
SPECIAL PROVISIONS
FOR
DISCOVERY BAY
LANDSCAPE MAINTENANCE
IN
CONTRA COSTA COUNTY
Contra Costa County
Public Works Department
Martinez, California
SPECIAL PROVISIONS
A. SCOPE OF SERVICE
The Contractor shall furnish all labor, materials and equipment required to satisfactorily
performm the landscape maintenance required by the County, on the streets or areas as
designated in the attached drawing and these special provisions.
Maintenance of the various areas shall include,but not be limited to,weed removal,spading,
plowing or loosening of the soil, fertilizing, mowing, watering, pruning, and removal and
disposal of debris at a commercial garbage disposal site.
The Contractor shall furnish to the County, within 15 days after approval of the contract,a
work schedule showing the propose dates and time of work for the location shown on the
proposal. The Contractor may change the schedule of work by submitting a revised work
schedule at least 30 days prior to the date when the revised schedule is Manned to become
effective.
All plant material shall be maintained in a healthy, growing condition throughout the
contract period.
B. INSPECTION
The Contractor shall at all times permit the County and their authorized agents to visit and
inspect the work or any part thereof.
C. PAYMENT
On a monthly basis,the Contractor will furnish the County with an invoice for work dome
during the previous month,giving dates and service area name and number. Payment shall
be made on receipt of said invoices at the contract lump sum price divided by 12. Invoices
are to be directed to:
Public'Works Department
Contra Costa.County
255 glacier Drive
Martinez, California 94553
D. INSURANCE
The Contractor,at no cost to Contra Costa County,shall obtain and maintain during the term
hereof,Comprehensive Liability Insurance, including coverage for owned and non- owned
vehicles,with a minimum combined single limit coverage of $1,000,000 for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property,
including the loss of use thereof,arising out of each accident or occurrence. Contractor shall
furnish evidence of such coverage,naming Contra Costa County,its officers and employees
as additional insureds, and requiring 30 days written notice of policy lapse or cancellation.
The Contractor shall submit a Certificate of Liability Insurance which shall include the"Hold
Harmless" agreement as specified below.
1
1. Contractor promises to and shall hold harmless and indemnify from the liabilities as
defined in this section.
2. The indemnities benefited and protected by this promise are the public agency and
its elective and appointive boards, commissions,officers,agents and employees.
3. The liabffiti-es protected against are any liability or claim for damage of any kind
allegedly suffered,incurred or threatened because of actions defined below,including
personal injury,death,property damage,inverse condemnation, or any combination
of these, regardless of whether or not such liability, claire or damage was
unforeseeable at any time before the County approved the maintenance plan or
accepted the maintenance as completed, and including the defense of any suit(s)or
action(s)at law or equity concerning these.
4. The actions causing liability are any act or omission(negligent or non-negligent) in
connection with the matters covered by this contract and attributable to the
Contractor,subcontract(s),or any officer(s),agent(s),or employee(s)of one or more
of them.
5. Non-Conditions: The promise and agreement in this section is not conditioned or
dependent on whether or not any indemnities has prepared,supplied,or approved any
plan(s) or specification(s) in connection with this work, has insurance or other
indemnification covering any of these matters, or that the alleged damage resulted
partly from any negligent or willful misconduct of any indemnities.
The Contractor shall take out and maintain during the lite of this contract adequate
Worker's Compensation Insurance for all his employees employed at the site of the
project.
E. CERTIFICATES UE INSURANCE
Certificates of such Worker's Compensation and Comprehensive Liability Insurance shall
be filed with County and shall be subject to County approval for adequacy of protection.
F. TERM OF SERVICE
The term of the contract will be from July 1, 1995 to June 34, 1997. The County may cancel
the contract or any portion thereof at any time during the term of service, and such
cancellations shall be effective upon giving thirty days written notice to the Contractor.
G. LANDSCAPE MAINTENANCE
1. Feed, Insect, Disease and Debris Control
a. All planting, rock, concrete and asphalt surface areas; and immediately
adjacent street gutters, shall be kept weed and debris free. Maximum weed
population shall be three(3)weeds per square yard,and no weed shall remain
over two (2)fall weeks(fourteen day period).
b. Application of ween,insect and disease control measures shall be within the
season(s) best suited to the insects, diseases and vegetation in question.
2
C. Any new or existing plants or soil which in the opinion of the County have
been damaged by applying or lack of applying control measures shall be
replaced by the Contractor at his expense.
d. The Contractor shall possess a valid California Pest Control Operator license
or shall sub contract all pest control activities to a licensed pest control firm;
and shall provide the Grounds Maintenance Superintendent with such
evidence prior to the application of any pest control chemicals.
2. Staking and Guying
a. Trees and shrubs susceptible to wind damage shall at all times be kept
adequately staked or guyed. Ties shall be loosened periodically to prevent
girdling.
b. Where the supporting stakes have been broken, or where a replacement tree
is planted, the stakes shall be of wood of uniform size, reasonably free of
knots,and capable of standing in the ground at least two years,and they shall
be 2 inches in diameter and not less than 10 feet in length. All replacement
trees shall be double staked.
3. Irrigation
a. All planted areas shall receive the minimum amount of water necessary to
allow normal growth and to insure the health of the vegetation therein.
b. Where irrigation systems and water spigots are installed and available, the
County will furnish the water at no expense to the Contractor. In all other
areas to be maintained,the Contractor shall furnish the water as included in
the contract price bid. During the rainy season where automatic irrigation
systems are installed and available,the Contractor shall set the controller to
operate the irrigation cycle once a week for one to two minutes. The
Contractors shall notify the County of any such change, to include the
following:time setting,time of watering,day(s)of watering,and date of such
change.The controller shall be set to operate in the morning before the heavy
commuter traffic begins.
4. Repairs to Existing Facilities
a. All portions of existing structures or facilities, including,irrigation systems,
which are damaged or altered in any way during the performance of work
under this specification shall be repaired or replaced in kind and in an
approved manner by the Contractor at his expense.
b. All portions of existing structures or facilities, including irrigation systems,
which are damaged or altered in any way by forces not under the direction of
the County or Contractor may be repaired. The Contractor shall notify the
County when above occurs.
3
5. Fertilizer
a. Commercial fertilizer shall conform to the provisions of Section 20 -2.02 of
the Standard Specification of the State of California, shall be a complete
fertilizer,part of the elements of which are derived from organic sources,and
shall have a guaranteed analysis of.
Max.
Nitrogen 10% 20%
Phosphoric Acid 6% 14%
Water Soluble Potash 4 % 7%
and shall be applied at such a rate as to insure one pound of actual nitrogen
per 1,000 square feet,per application.
b. Fertilizer shall be applied to turf areas three (3) times during the growing
season and two (2) times during the growing season of all other planting
areas.
C. All areas shall be well watered within the 24-hour period prior to fertilization.
All turf areas shall be watered immediately after fertilizing. The Contractor
shall notify the Grounds Maintenance Superintendent of each fertilization.
6. Pruning
a. All trees and shrubs shall be kept ,pruned for health, shape, prevention of
wind damage and public safety.Turf shall be maintained at a height of 2 112"
at all times.
b. Turf shall be mowed only when dry enough to prevent damage from mower
wheels.
c. Where turf is present,two vertical mowings and two aerations shall be done
to eliminate thatch and aid in water infiltration. Such vertical mowings and
aerations shall be spaced so that there is one vertical mowing in the fall and
one in the spring. All corings and thatchings shall be removed from the turf
and disposed of at a commercial dump site.
7. Litter Control
All areas shall be kept litter-free. Litter pick up shall be done at two week intervals
or less as required to maintain a presentable appearance as determined by the County.
8. Plant Replacement
The Contractor shall replace any and all vegetation lost through the lack of care as
described in Item G. Unusual occurrences or those beyondthe control of the
Contractor may be excepted from this provision by the County provided they are
advised promptly by the Contractor.
4
QUESTIONNAIRE FOR DETERMINING INDEPENDENT
CONTRACTOR PAYMENT METHOD
All new or renewal independent contractor agreements that do not meet IRS criteria for
independent contract status must be paid through the payroll system so that withholding
taxes and Socia# Security can be deducted (note: this does not apply in the case of
contracts with corporations, temporary help agencies, partnerships)
For completion by Department Personnel
YES NO
a. Do 1, as the ernployer, have the right to
control not only the result of the work,
but also the way in which it is done?
b. Ann I setting the independent contractor's hours? ( }
C. Is the independent contractor restricted
from taking jobs from other businesses
at the same time they are working for me? ( }
de Ido I or other departments have employee's}
with sirni#ar duties as the independent
contractor? ( }
ea Does the County supply assistants to the
contractor?
f. Is the duration of employment for a
specific period of time rather than: a
specific job? ( }
g. Does the Coun+v furnish training, tools,
or equipment to the contractor? # }
A "yes" answer to any of the above questions will constitute justification for paying the
contractor through the payroll, system.
CONTRACTOR CERTIFICATION PREPARED BY:
I certify that the answers to
the above questions accurately
reflect the anticipated working
relationship° REVIEWED AND APPROVED BY:
c-L#CF'M.M
TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: March 2, 1999
SUBJECT: APPROVE Joint Exercise of Powers Agreement Between the City of Pleasant Hill and the Flood
Control District for the Construction of Facilities within Grayson Creep, in Pleasant Hill.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
t. Recommended Action:
APPROVE Joint Exercise of Powers Agreement between the City of Pleasant Hill for the construction of
facilities within.Grayson Creek.
It. Financial Im act
The estimated total cost for construction is $1,400,000, which will be funded by Flood Control Zone 3B,
Drainage Area 46, and participation from the City of Pleasant Hill.
Continued on Attachment: X SIGNATURE: Ile
- --
—RECOMMENDATION
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ONS` APPROVED AS RECOMMENDED
VE OF SUPERVISORS
UNANIMOUS(ABSENT ..✓ 2,i-e_
AYES: NOES:
ABSENT: ABSTAIN:
MC:jig
FLDCTLIIFCSO Bomar 2 99.doc
E hereby certify that tk� s is a ;roe and corroc
Contac: R.Mitch
on(313-ocd ntrot copy of ar-actko€": taken and >; ntered or:' 'the
Confaci: K.Mitcfi Avalon(313-22A3)
cc: L.Wong,City ofPleasant FM minutes of the Board, of Supervisors on the
D.Ec'rersor,rloodControl
CA. date Shown.
Counpt
ty Counsel �y„,. G� ./•,s'-' L`
Accounting T S D: t
HIL BAT;` EL(7) , ti;'e k of the Board
of Supervisors and Go4pvy dminialrator
SUBJECT; APPROVE Joint Exercise of Powers Agreement between the City of Pleasant Hill and the Flood Control
District for the Construction of Facilities Within Grayson Creek, in Pleasant Hill
DATE: March 2, 1999
PAGE 2
11I1. Reasons for Recommendations and Background:
The Flood Control District and the City of Pleasant Hill are jointly working to install drainage improvements
within the Grayson Creek watershed. The proposed project will construct Phase I of the ultimate improvements
for Drainage Area (DA) 46. The DA 46 improvements will provide relief from flooding on both Murderers'
Creek and the east fork of the east branch of Grayson Creek.
The City of Pleasant Hill is processing a redevelopment plan for their downtown area. The redevelopment
project will increase the impervious surface of the site and thus will increase the storm water runoff into Grayson
Creek. The project will pay their DA 46 fee. In addition, the City of Pleasant Hill has required the
redevelopment project to not discharge additional storm waters directly into the adjacent section of Grayson
Creek,which has inadequate capacity,but rather pipe these additional storm waters downstream and discharge
into the concrete lined section, which has adequate capacity. This piped section is part of the DA 46 plan for
the Grayson Creek improvements.
The Flood Control District approached the City of Pleasant Hill to construct Phase I of the piped section of the
DA 46 Grayson Creek improvements. Once the Phase I construction is completed, the City's redevelopment
project would be allowed to discharge into these improvements. In turn, the City will reimburse the Flood
Control District for the estimated cost of the redevelopment storm drain that would have been required to bypass
the inadequate section of creek. The City will also secure the necessary right of way to allow the Flood Control
District to begin the construction of the DA 46 improvements.
By entering into this Joint Exercise of Powers Agreement,the City and the Flood Control District are agreeing
to work together in the construction of the Grayson Creek improvements.
IV. Consequences of Negative Action:
The Grayson Creek Improvements would not be constructed and the storm water runoff fi-om the City of
Pleasant Hill redevelopment project would have no place to discharge.
6
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL &
WATER CONSERVATION DISTRICT AND CITY OF PLEASANT
HILL FOR GRAYSON CREED PHASE I IMPROVEMENTS
PROJECT NO, 7520-5138508-98
1. Parties: Effective on the CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political
subdivision of the State of California, hereinafter referred to as the "DISTRICT, "
and the CITY OF PLEASANT DILL, a municipal corporation, hereinafter referred
to as the "CITY," pursuant to Government Code Section 6500 and following,
mutually agree and promise as follows:
11 Purpose and Scope of Work: The DISTRICT and the CITY wish to install
drainage improvements for the East Fork of the East Branch of Grayson Creek
from the existing concrete channel upstream approximately 1240-feet to a point
160 feet north of Boyd Road (hereinafter referred to as the "PROJECT"). The
City is currently redeveloping their downtown. These developments will create
additional stormwater and require additional drainage improvements to be built.
The CITY proposes to install a 48-inch diameter pipe (or its equivalent) crossing
the existing creek at approximately the mid-point of the PROJECT so as to
bypass the existing creek that has inadequate capacity, (hereinafter referred to
as the "CITY PROJECT.") The proposed PROJECT is to include two large
diameter storm drain pipes (they are anticipated to be 96" in diameter), a
concrete junction structure at the existing concrete lined facility, a point of
connection for the CITY PROJECT, and various other minor structures. The
purpose of this agreement is to provide for concurrent construction of both
projects and specify duties and costs between the DISTRICT and the CITY.
Ill Method:
A The DISTRICT shall perform the following activities:
Prepare plans and specifications for the PROJECT.
2. Advertise the PROJECT for public bid and award a contract for
PROJECT construction.
3. Obtain environmental clearance for the PROJECT through the
processing of California Environmental Ouali*y Act (CEQA)
documents and environmental permits, as necessary
4. Perform, at DISTRICT cost, all design and construction
engineering, surveys, materials testing, contract administration, and
inspection of the PROJECT.
5. Design and construct a single 48" diameter pipe ',connection point
for the CITY PROJECT work.
6. Prepare and submit to the CITY a report of PROTECT receipts and
disbursements.
7. Pay all costs for utility relocations not covered under current CITY
franchise agreements.
6. Specify in the PROJECT contract that the DISTRICT contractor
shall share PROJECT rights of way with the CITY's contractor for
the CITY PROJECT after August 15, 1999.
9. Specify in the PROJECT contract that DISTRICT's contractor will
be completed by the end of August 1999, and if the DISTRICT's
contractor should fail to complete construction by the time of school
opening then the DISTRICT shall pay the CITY $200 per day as
liquidated damages.
10. Specify in the PROJECT contract to restore the easement to its
current condition.
11. Should the CITY fail to acquire the rights of way noted in Paragraph
III B (4) below, the DISTRICT will assume responsibility for
acquiring the rights of way from the Mt. Diablo Unified School
District.
12. Perform a joint final inspection of the PROJECT.
B The CITY shall perform the following activities:
1 Review and approve DISTRICT prepared bid documents prior to
award of contract.
2 Provide the DISTRICT and its contractor, at no cost to the
DISTRICT or its contractor, any encroachment permits or rights of
entry necessary to perform the PROJECT work.
3. Perform a joint final inspection of the PROJECT.
4. Endeavor to secure all PROJECT rights of way (temporary and
permanent) for the PROJECT from Mt. Diablo Unified School
District by March 1, 1999,
5. Install, or require its developer to install, CITY PROJECT work after
the DISTRICT installs the PROJECT facilities at the location of
CITY PROJECT connection.
IV Financial Responsibility The CITY shall collect from the CITY's Redevelopment
Agency or developer, the following sums for the PROJECT:
A The Drainage. Area 46 fee estimated to be $205,000 for the planned
development
B The cost of the developer's creek bypass line (43-inchdiameter storm
drain from the creek crossing to the existing concrete channel), estimated
to be $140,000.
C. The actual cost of rights of way from Mt. Diablo Unified School District,
including acquisition labor, up to, but not exceeding, $100,000.
The obligation under subparagraph (A) shall be based on the existing drainage
fee ordinance. The obligation under subparagraph (B) shall be based on the
CITY's determination of the projected cost for said work which shall include an
agreed upon mark up for design and construction engineering and appropriate
construction contingency.
2
The CITY shall deposit the above sums with the DISTRICT before April 1, 1999.
V Insurance and Hold Harmless:
A The contract documents for the PROJECT shall include provisions
rewiring the contractor and subcontractors to provide insurance and
indemnification naming the CITY, its officers, employees, consultants, and
agents to the same extent as provided to the DISTRICT.
B Neither the CITY, nor any officer, employee, consultant, or agent thereof,
shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by the DISTRICT in connection with any work
delegated to the DISTRICT under this agreement, and to the extent not covered
by the above described insurance, the DISTRICT shall defend, indemnify, save
and bold harmless including for costs of defense, the CITY, its officers,
employees, consultants, and agents against the same.
C Neither the DISTRICT, nor any officer, consultant, employee, or agent
thereof, shall be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by the CITY in connection with any work
delegated to the CITY under this agreement, and to the extent not covered by the
above described insurance, the CITY shall defend, indemnify, save and hold
harmless, including for costs of defense, the DISTRICT, its officers, employees,
consultants, and agents against the same.
D The CITY acknowledges that entry into the construction area carries with it
a certain risk and agrees to release the DISTRICT, its officers, employees,
consultants, and agents from any liability for death of, or injury to, the CITY's
representative(s) while present in the construction area, except for liability
resulting from the sole negligence or willful misconduct of the DISTRICT.
E The DISTRICT acknowledges that entry into the construction area carries
with it a certain risk and agrees to release the CITY, its officers, employees,
consultants, and agents, from any liability for death of, or injury to, the
DISTRICT's representative(s) while present in the constructionarea, except for
liability resulting from the sole negligence or willful misconduct of the CITY.
F Nothing in this Agreement is intended to affect the legal' liability of either
party to third parties by imposing any standard of care different from that
normally imposed by law.
VI Acceptance and Maintenance:
A Upon completion of the PROJECT, the DISTRICT and the CITY will
conduct the final inspection. The DISTRICT shall accept the PROJECT as
complete for itself. The CITY shall own and be responsible for maintaining the
PROJECT improvements.
B Upon completion of the CITY PROJECT, the CITY shall conduct the final
inspection. The CITY shall own and be responsible for maintaining the CITY
PROJECT improvements.
3
V11 Aareement Modification: This agreement shall be subject to modification only
with the written consent of the governing bodies of both parties. Neither party
shall unreasonably withhold its consent to the implementation and
accomplishment of this overall purpose for which the Agreement is drafted.
Vlll Restrictions: Pursuant to Government Code Section 6599, the powers of the
parties under this Agreement shall be subject to the restrictions on such powers
applicable to the DISTRICT.
Ix Accountability: As required by Government Code Section 6505, both parties to
this agreement shall provide strict accountability of all funds received for the
PROJECT.
x .Agreement Termination: Unless terminated earlier through the mutual, written
consent of the governing bodies of both parties, this agreement shall terminate
upon the conditions described in section VI(A) above. However, sections V(S),
V(C), V(D), V(E), and VI(B) shall survive any termination.
X1 Inte ration: This agreement contains the full and final understanding of the CITY
and the DISTRICT relative to the PROJECT and the CITY PROJECT.
4
JOINT EXERCISE OF POWERS AGREEMENT—PROJECT NO. 7529-6B8508-98
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT CITY OF PLEASANT HILL
f '
Byoei4�Aj�'IKI
Mpg oew4dreAma
By:
Chair acrd of Supervisors ph . Tanner, City Mi-nage-r-----.-
A
anger _A EST: ATTEST:
Phil Batchelor,Clerk of the Board of Supervisors CITY CLERK;
and County Administrator
Deputy � ,ADoris Nilsen, y Clerk
P y ,-
RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL:
B B
y
J. Mlchael , rd, C ` En reer L ng F'u - s l torr
FORM APPROVED: FORM APPROVED:
Victor J. Westman, DISTRICT Counsel
fi
Deputy t' Debra Margolis, City Atte ey
MC:jlg
GAadrrminlmii#ljepa graysan creek m jepa grayscn-1-7.doc
214/99
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