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HomeMy WebLinkAboutMINUTES - 09202005 - C1 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: September 20, 2005 SUBJECT: Joint Exercise of Powers Agreement (Service Agreement) with City of Orinda to provide hydrauger maintenance, Orinda Area. Project Number 4660-6X2516. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute a Joint Exercise of Powers Agreement(Service Agreement)with City of Orinda in the amount of$14,000 annually for County to provide maintenance of hydraugers, effective January 1, 2005 through December 31, 2006. Orinda area. (City of Orinda funds) (District II). II. Fiscal Imp ct: There will be no impact to the General Fund. The County will provide services to the City of Orinda and the City of Orinda will fully reimburse the County for its costs. Continued on Attachment: X SIGNATURE: �/{ZECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BO D ON SEPTEMBER 20, 2005APPROVED AS RECOMMENDED xx OTHER hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS NONE xx UNANIMOUS(ABSENT ) AYES: NOES: ATTESTED: SEPTEMBER 20, 2005 ABSENT: ABSTAIN: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator JY:RT:kd G:\GrpDatalMaint\Kim\Board Orders\2005\BO 9-20 Orinda Agt.doc Orig.Div:Public Works(Maintenance) Contact: R.Tavenier(313-7006) cc: Accounting By , Deputy P.McNamee,Public Works Deputy Director J.Yee,Maintenance City of Orinda SUBJECT: Joint Exercise of Powers Agreement (Service Agreement) with City of Orinda to provide hydrauger maintenance, Orinda Area. Project Number 4660-6X2516. DATE: September 20, 2005 PAGE: 2 III. Reasons for Recommendations and Background: The City of Orinda has a number of hydraugers that require regular maintenance. The County owns and operates equipment to maintain its own hydraugers. The City of Orinda desires to have the County maintain the City's hydraugers. Iva Consequences of Negative Action: None. s SERVICE AGREEMENT This agreement is entered into on the 20th day of S , 2005, between the City of Orinda, a municipal corporation of the state of California, ("city'"), and the County of Contra Costa., a political subdivision of the state of California,("county"). The parties to this agreement mutually agree and promise as follows: 1. Purpose and scope of work. The purpose of this service agreement is to provide for hydrauger and culvert cleaning within the city and other related services as described below and in Appendix A. 2. Responsibilities of city and county. a. County shall be responsible for the following: (1) annually clean city hydraugers and culverts in the manner more particularly described in appendix A on the prior written authorization of City. (2) provide an estimate of the hydrauger and culverts cleaning costs (listed in Appendix A) prior to the work's being done. (3) inform city of necessary hydrauger and culvert repairs. (4) invoice city on a quarterly basis, listing the hydrauger and culvert location, length, flow rate and condition of each hydrauger and culvert serviced. (5) submit an annual report to city listing the location, length, flow rate and condition of each hydrauger and culvert serviced. b. City shall be responsible for the following: (1) review and approve county's estimate of hydrauger and culvert service costs in writing prior to the work's being done. (2) review annual report and direct county to increase, maintain or decrease hydrauger and culvert cleaning services. (3) obtain all rights of entry (4) repair existing hydraugers and culverts and install new hydraugers and culverts, in the City's sole and absolute discretion. 3. Financial responsibility. City will pay all costs for hydrauger and culvert cleaning which has the prior written approval of the City under section 2.b.(1) above. The term costs," as used in this section 3, shall include without limitation all equi " pment, labor, and material costs including all overhead costs associated with hydrauger and culvert cleaning as set forth in Appendix A. City shall reimburse county for hydrauger and culvert cleaning costs approved as described in section 2.b.(1) above within 45 days of receipt of the quarterly invoice. 4. Indemnification. 1 466897 060 a. City shall defend, indemnify, save and hold county and its officers and employees harmless from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation consequential damages and damages arising from earth movement, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of county or its agents, servants, employees or subcontractors under this contract, except for claims arising through the sole negligence or sole willful misconduct of county or its officers or employees. b. Neither county nor any officer or employee of county shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by city or in connection with any work delegated to city under this agreement. C. Nothing in this agreement is intended or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. d. At all times during the term of this agreement, county and its contractor shall be independent contractors and shall not be employees of city. City shall have the right to control county and/or its contractors only insofar as the results of their services rendered pursuant to this agreement; however, city shall not have the right to control the means by which county and its contractors accomplish services rendered pursuant to this agreement. 5. Responsibility for hydrauger and culvert operations. Before, during and after hydrauger and culvert cleaning work is completed by county, the city shall continue to accept total responsibility for use, operation, and maintenance of city hydraugers and culverts, and city shall defend, indemnify, save, and hold harmless county, its governing body, officers and employees, against all claims, suits, actions, or liability that arise relating to the use, operation, or maintenance of city hydraugers and culverts before, during and after county completes hydrauger and culvert cleaning, except for claims, suits, actions or liability arising through the sole negligence or sole willful misconduct of county or its officers or employees. 6. Agreement modification. This agreement shall be subject to modification only with the written consent of the legislative bodies 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. 7. Term of agreement. This agreement shall be for a term of two years. Before the end of that term, this agreement may be terminated without cause by the county or city upon 30-day advance written notice to the other, or it may be terminatedimmediately by the mutual written consent of the governing bodies of both parties. Notwithstanding termination of this agreement, the obligations contained in sections 3 4 and 5 above shall %WW survive termination of the agreement. 8. Notices. All notices (including requests, demands, approvals or other It communications) under this agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: 2 466897 (1) when delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the united states mail. (2) when mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) 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. (4) 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 Shiu, Director 255 Glacier Drive Martinez, CA 94553 City of Orinda Public Works Department Attn: Mark Lowery, Director P.O. Box 2000 Orinda, CA 94563 Or to such other addresses as county and city may respectively designate by written notice to the other. 9. Assignment. The rights, duties, and responsibilities under this contract may not be assigned by either party. 10. Litigation. 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. c. If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorneys' fees and costs, including but not limited to expert witness fees and discovery costs. 1l. 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 hydrauger and culvert cleaning shall not be enforceable unless it is contained in this agreement or in a subsequent written modification of this agreement executed by the legislative bodies of both parties. Contra Costa County 3 466897 Byp Board 6f Supervisors Attest: SER 20, 2005 John Sweeten, Clerk Of The Board Of Supervisors and County Administrator By: ?�epuif Recommend for approval: Maurice M. Shiu ]Public Works Directo B 40 ell,41 Y* orm! 'approved: S o B. Marchesi County Counsel By: Ddplfty City Of Orinda ByT7� ;etS. Keeter',jCFty Manager Recommend For Approval: Director of Public Works By: Lark . Lowery Form Approved: IJ � /Linda C. Roodhouse', City Attorney 4 466897, Appendix A County Scope Of Services To Clean Orinda Hydraugers and Culverts 1. There are approximately 110 hydraugers in the city of Orinda. 2. Assuming that the average length of each hydrauger is 120 feet, the estimated average cost to clean each hydrauger is $120. This cost includes inspection, cleaning, annually documenting and logging the length, flow rates, and condition of each hydrauger serviced. 3. Each hydrauger will be cleaned biannually. Culverts will be cleaned as requested by the City of Orinda. 4. The equipment used to clean the hydraugers includes a 33,000-pound GMC flusher truck outfitted with both one-inch and half-inch 2,000 psi cleaning hoses. This truck is equipped with a tank that holds 1,000 gallons of water. County will also be using afour-wheel drive utility truck to carry construction signs, materials, and tools to the job site. This truck is equipped with metal rods and bits capable of removing roots and foreign debris from the hydraugers. Culverts may be cleaned with the above equipment ora `Vactor' truck that has similar flushing capabilities as the equipment above with the addition of being able to vacuum up debris flushed from culverts. 5. The estimate is based on the expectation of reasonable access to the hydraugers and culverts and does not include the cost of grading or repairing access roads or repairing or re-drilling hydraugers, which have collapsed or have broken apart in the hillside, or repairing damaged culverts. 6. Billing will be done quarterly and will include the actual costs of a crew along with the above noted equipment. 7. Any re-drilling, installation or repairs of hydraugers and manifolds, or repairs to culverts, will be a city responsibility and contracted separately by city. County will make recommendations to city. City will make final determination of repairs and installations. 5 466897