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Home My WebLink AboutMINUTES - 06052007 - C.09 C. 9 TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR oa Costa C,l v'° County DATE: June 5, 2007 °°srA-aUx�`� SUBJECT: Joint Exercise of Powers Agreement with the East Bay Municipal Utility District to study placement of safety and traffic control devices at the Orwood Road overcrossing of the Mokelumne Aqueduct. (Local Road Fund Revenue) (District III) Project No: 0672-6U2515 Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Joint Exercise of Powers Agreement (JEPA) with the East Bay Municipal Utility District (EBMUD) in the amount of $19,500, effective June 5, 2007 for the Contra Costa County Public Works Department (County) to study placement of safety and traffic control devices at the Orwood Road overcrossing of the Mokelumne Aqueduct. Financial Impact: EBMUD shall reimburse the County for all labor costs, material costs and appropriate overhead costs involved for a study of the placement of safety and traffic control devices at the Orwood Road overcrossing of the Mokelumne Aqueduct. Continued on Attachment: ® SIGNATURE: E��RECOMMENDATION OF COUNTY ADMINISTRATOR❑ RECOMMENDATION OF BOARD COMMITTEE [Z],,APPROVE ❑ OTHER r SIGNATURE(S): // ACTION OF BOAIVN 17.� APPROVED AS FWCOMMENDED R OTHER ❑ VOT"F SUPERVISORS i/ UNANIMOUS (ABSENT I hereby certify that this is a true and correct copy of an AYES: NOES: action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. AK:relh ATTESTED: \G[i_'!�i 0S, Z:\Ramona\Board Orders\2007\BO June 5, 2007-EBMUD Study.docOrig. �. Div: Public Works(Maintenance) JOHN CULLEN, Clerk of the Board of Supervisors and Contact: A. Knapp(313-7008) County Administrator cc: County Administration PW Accounting Construction Transportation By Deputy Traffic SUBJECT: Joint Exercise of Powers Agreement with the East Bay Municipal Utility District to study placement of safety and traffic control devices at the Orwood Road overcrossing of the Mokelumne Aqueduct. (Local Road Fund Revenue) (District III) Project No: 0672-6U2515 DATE: June 5, 2007 PAGE: 2 Background Reasons for Recommendations The county is the owner of Orwood Road where it passes over the Mokelumne Aqueduct near Bixler Road. EBMUD constructed the Mokelumne Aqueduct and the bridge over the aqueduct in connection with its operations and has determined that certain improvements need to be made to Orwood Road and the bridge over the aqueduct. EBMUD will fund for the county to perform a study in order for EBMUD to determine how to best implement the necessary improvements. Consequences of Negative Action: The study to determine the necessary improvements to the Orwood Road overcrossing will not be performed. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE EAST BAY MUNICIPAL UTILITY DISTRICT TO STUDY PLACEMENT OF SAFETY AND TRAFFIC CONTROL DEVICES AT THE ORWOOD ROAD OVERCROSSING OF THE MOKELUMNE AQUEDUCT This agreement is entered into on the -S 717 day of2007, between the East Bay Municipal Utility District, a municipal corporation of the state of California, hereinafter DISTRICT, and the County of Contra Costa, a political subdivision of the state of California, hereinafter COUNTY, pursuant to the Joint Exercise of Powers Provisions of Government Code Section 6500 and following. WHEREAS, COUNTY is the owner of Orwood Road where it passes over the Mokelumne Aqueduct near Bixler Road; and WHEREAS, DISTRICT constructed the Mokelumne Aqueduct and the bridge over the aqueduct in connection with its operations; and WHEREAS, DISTRICT has determined that certain improvements need to be made to Orwood Road and the bridge over the aqueduct; and WHEREAS, a study needs to be conducted in order that the DISTRICT can determine how to best implement the necessary improvements; and WHEREAS, COUNTY is prepared to conduct such a study and DISTRICT is prepared to select an alternative from such study and to pay COUNTY to conduct such a study; and WHEREAS, DISTRICT and COUNTY do mutually desire to cooperate in completing the study and to specify the terms and conditions herein under which the study will be conducted and financed. Now, therefore the parties to this agreement mutually agree and promise as follows: 1) Responsibilities of DISTRICT and COUNTY. a) COUNTY shall be responsible for the following: i) Develop engineering alternatives to improve the safety of Orwood Road where the road crosses over DISTRICT's facilities at Mokelumne Aqueduct, approximately 2 miles east of Bixler Road (hereinafter called the STUDY) including cost estimates for each alternative. ii) Submit a draft STUDY report summarizing each alternative to DISTRICT for review before submitting the STUDY report in final form. iii) Submit invoices to DISTRICT, including a detailed breakdown of the description of costs incurred, the date services were performed, time spent on each date services were performed and by whom, materials and other billable items used in preparation of the STUDY. COUNTY shall also provide DISTRICT with any information reasonably requested by DISTRICT which will assist DISTRICT in performing any audit of the invoices. iv) Submit justification for any work the COUNTY would like to perform that would exceed the $19,500.00 limit specified in Section 2 below. b) DISTRICT shall be responsible for the following: i) Pay DISTRICT's share of all costs incurred in preparation of the STUDY. ii) The DISTRICT will submit payment within 30 days of receipt of an approved invoice. iii) Review and provide timely comments on the STUDY. 2) Financial Responsibility. DISTRICT shall pay all costs incurred by COUNTY in preparing the STUDY up to a maximum of$19,500.00. COUNTY must obtain prior approval of DISTRICT before incurring any costs over $19,500.00. 3) Post Study Work. Once the STUDY work is completed by COUNTY, the parties shall negotiate a separate agreement for implementation of the alternative selected by DISTRICT, should the DISTRICT select an alternative. 4) Indemnification. Each party agrees to defend, indemnify, and hold harmless the other party, its Directors, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or pertaining or relating to the indemnifying party's, its associates', employees', subconsultants', or other agents' negligence, recklessness, or willful misconduct, in the performance under this Agreement. 5) Accountability. COUNTY shall provide a report to DISTRICT providing strict accountability of all funds received and disbursed in connection with the STUDY. 6) Surplus Money. Upon completion of the STUDY, any surplus money held by COUNTY shall be returned to DISTRICT. 7) 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 modification for the implementation and accomplishment of the overall purpose for which this agreement is made. 8) Term of Agreement. Except for the provision of Sections 3, 4, 5 and 6 above, this agreement shall expire upon completion of all of the following: (a) acceptance of the STUDY by DISTRICT; (b) COUNTY's delivery of the report of the final costs to DISTRICT: and (c) payment by DISTRICT to COUNTY of. costs incurred by COUNTY in preparing the STUDY. Before the end of that term, his agreement may be terminated without cause by the COUNTY or DISTRICT upon 30-day advance written notice to the other, or it may be terminated immediately by the mutual written 2 consent of both parties. Notwithstanding termination of this agreement, the obligations contained in Section 2 shall survive termination of the agreement. 9) Notices. All notices (including requests, demands, approvals or other communications) under this agreement shall be in writing. a) Notice shall be sufficiently given for all purposes as follows: i) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3)business days after deposit in the United States mail. ii) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. iii) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. iv) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b) The place for delivery of all notices given under this agreement shall be as follows: Contra Costa County Public Works Department Attn: Maurice Shin, Director 255 Glacier Drive Martinez, CA 94553 East Bay Municipal Utility District Attn: Cliff Threlkeld, Manager Water Supply Division P.O. Box 228 Stockton, CA 95201 Or to such other addresses as COUNTY and DISTRICT may respectively designate by written notice to the other. 9) Assi ng ment. The rights, duties and responsibilities under this contract may not be assigned by either party. 10)Dispute Resolution. 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. 3 b) Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11)Entire Agreement. This agreement contains the entire understanding of the parties relating to the subject matter of this agreement. Any representation or promise of the parties relating to the STUDY shall not be enforceable unless it is contained in this agreement or in a subsequent written modification of this agreement executed by both parties. Contra C*o C on, Board of Supervisors Attest: V411L.,''2 4r,- John Cullen, Clerk Of The Board Of Supervisors and County Administrator By: Deputy Recommend for approval: Maurice M. Shiu Public Works Director By: Form approved: Silvano B. Marchesi County Counsel By: Eric S. Gelston, Deputy County Counsel East Bay Municipal) Utility District Af By: a V,ee Eileen White, Manager of Water Operations East Bay Municipal Utility District Form Appro d: By: fce of Genexi o sel East Bay Mu icipkUtility Distri 4