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Home My WebLink AboutMINUTES - 06201995 - 1.14 TO: 'BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: June 20, 1995 SUBJECT: APPROVE JOINT EXERCISE OF POWERS AGREEMENT WITH CONTRA COSTA COUNTY FOR ALTERNATIVE MANAGEMENT PRACTICES AND VEGETATION ALONG ROADS, SAN PABLO AND BRIONES RESERVOIR REGION, PROJECT NO. 0929-6X7047, ORINDA AREA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE Chief Engineer to execute a joint exercise of powers agreement with Contra Costa County in the amount of$64,157 for the design, establishment and maintenance of vegetation test plots totaling 2.6 square kilometers (one square mile) along San Pablo Dam and Bear Creek Roads. II. Financial Impact: There will be no impact to General Fund. Joint exercise of powers agreement is funded with stormwater utility fees collected by the Flood Control District on behalf of the nineteen (19) municipalities in the Contra Costa Clean Water Program. III. Reasons for Recommendations and Background: The San Francisco Bay Regional Water Quality Control Board is requiring Contra Costa County work with East Bay Municipal Utility District(EBMUD) to prevent stormwater pollutants from entering the San Pablo and Upper San Leandro reservoirs. There is no commercial, residential or industrial development in the unincorporated areas around the reservoirs, but there are County maintained roads. EBMUD is concerned that herbicides sprayed along roads will migrate to the reservoirs, possibly affecting drinking water supplies. Herbicide and pesticide application prevents road deterioration by controlling fires and rodents. Continued on Attachment: x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON AOS 1gc% APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ELGip g:\FLDCTL\NPDES\bo\Veg20.tS Orig.Div: Public Works(CCCWP) Contact: Donald P.Freitas(510)313-2373 rtify is 18 cc: Community Administrator Development an action�takent as dmentered eand rninuiCorrea oof Of Building Inspection Board of Supervisors On the date ho 1. mss of the County Counsel �0 . County Assessor ATTESTED: County Treasurer-Tax Collector PHIL BA HELOR,Clerk the Boa►d County Auditor-Controller Of Superyra l80and County Adminletrator Accounting Engineering Services eputy SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT WITH CONTRA COSTA COUNTY FOR ALTERNATIVE MANAGEMENT PRACTICES AND VEGETATION ALONG ROADS,SAN PABLO AND BRIONES RESERVOIR REGION Page-2- 111. Reasons for Recommendations and Background: (cont.) Contra Costa County is contacting with Baefesky&Associates to develop alternative roadside vegetation that reduces herbicides, fire hazards, weed invasion and excessive sedimentation and erosion from adjacent land. The test vegetation plots, to be located along Bear Creek and San Pablo Dam roads, will also study alternative vegetation management practices. A"how-to" manual will be developed for use by other municipalities in the Clean Water Program. All nineteen (19) municipalities in the Contra Costa Clean Water Program will fund this study through this agreement between Contra Costa County and the Flood Control District. The Clean Water Program municipalities must approve second and third year costs of the study at later dates. IV. Consequences of Negative Action: The San Francisco Regional Water Quality Control Board may find that the Contra Costa Clean Water Program is not conducting special studies as required in its Municipal NPDES Stormwater Permit. The Regional Board has the authority to fine municipalities in the Contra Costa Clean Water Program up to $25,000 per day for non-compliance with the permit. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICTj� AND COUNTY OF CONTRA COSTA ,1 V Special Project to Develop Alternative Roadside Vegetation Management Practices Uv 1. Parties: Effective , the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred as "DISTRICT," and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred as "COUNTY," pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: COUNTY is conducting a special study project, hereinafter referred as "PROJECT", to develop alternative roadside vegetation management practices that reduce pesticide application, fire risk and erosion. The study was approved by the nineteen municipalities of the Contra Costa Clean Water Program, which includes seventeen cities, Contra Costa County and the DISTRICT, and will be funded by stormwater utility assessments levied by the DISTRICT. The purpose of this Agreement is to apportion PROJECT duties and costs between COUNTY and DISTRICT. 3. Methods: COUNTY shall perform the following activities: a. Act as lead agency and comply with all environmental requirements pursuant to California Environmental Quality Act. b. Obtain all necessary permits for PROJECT. C. Retain a qualified consultant approved by DISTRICT to conduct PROJECT. d. Perform all necessary supervision and contract administration to ensure that the PROJECT work complies with this Agreement. e. Maintain PROJECT records and document project expenses. f. Bill DISTRICT for PROJECT tasks described in Exhibit "A". g. Prepare and deliver to DISTRICT a written report of all receipts and disbursements. DISTRICT shall perform the following activities: a. Act as a responsible agency pursuant to California Environmental Quality Act. b. Consult with COUNTY, as necessary, to enable PROJECT work to be properly completed. C. Reimburse COUNTY for the PROJECT tasks described in Exhibit "A". 4. Changes in Proiect Work: The PROJECT work shall comply with acceptable engineering practices and shall include all of the tasks set forth in Exhibit "K. Any changes in the PROJECT work shall require the prior, written approval of DISTRICT. 5. Financial Responsibilities: DISTRICT shall reimburse COUNTY for all costs of the PROJECT work, including reasonable compensation for necessary review and contract administration performed by COUNTY, as well as all costs of any changes or extra work requested or approved in writing by DISTRICT. PROJECT task breakdown and the maximum costs that DISTRICT shall pay for the entire PROJECT are set forth in attached Exhibit "A". 6. Insurance and Hold Harmless: a. The contract documents for PROJECT shall include provisions requiring the consultant to: (1) obtain and maintain in full force and effect during the PROJECT work, workers' compensation, public liability and property damage insurance, in forms and limits of liability satisfactory to COUNTY and DISTRICT, naming COUNTY and DISTRICT, their governing bodies, officers and employees as additional insureds; and (2) promise to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees from liability to the same extent as promised to COUNTY. 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 have other insurance or self insurance against a loss covered by such policy, such insurance or self insurance shall be excess insurance only. Before beginning the PROJECT work, the consultant shall submit to COUNTY and DISTRICT a certificate of insurance evidencing the required coverages and requiring the carrier to give at least 30 days written notice to COUNTY and DISTRICT of any cancellation, non-renewal or material modification of the policy. COUNTY shall be responsible for ensuring that this requirement has been met before allowing the PROJECT work to proceed. b. Neither DISTRICT, 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 COUNTY or in connection with any work delegated to COUNTY under this AGREEMENT, and COUNTY shall defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees from the same. 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. 7. 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 COUNTY. 8. Agreement Modification: This AGREEMENT shall be subject to modification only with the prior, written consent of COUNTY and DISTRICT. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 9. Agreement Expiration: This AGREEMENT shall expire upon delivery of the report of receipts and disbursements and payment of all funds specified herein, except for the provisions of Section 6, which shall survive expiration of this AGREEMENT. CONTRA COSTA COUNTY COUNTY OF CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: By: Chair, 136ard of Supe sors Chair,f3oard of Supddrvisors ATTEST: OAAJ� ATTEST: -JL& (��WA Phil Batchelor, C r c of the Board Phil Batchelor, CI rk of the Board of Supervisors and County of Supervisors and County Administrator Administrator RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL J. Michael Walford, Chief Engineer J. Michael Walford, Public, :Works Director By: By: gnec aDic rChie is r By: By: FORM APPROVED: FORM APPROVED: Victor J. Westman, County Counsel Victor J. Westman, County Counsel By: Y , ,/,fes Deputy Deputy ELG:fp g:%FLDCTLW PDES1ContractUEPACCC.t6 June 8,1995 ATTACIT= CONTRA COSTA COUNTY PROPOSAL January 4, 1995 YEAR TASK PERSONNEL HOURS RATE COST 1 I A. FIELD SURVEY MANAGER 64 $95 $6,080 ADVISOR 12 $85 $1,020 ADVISOR 16 $75 $1,200 ASSISTANT 65 $40 $2,600 TECHNICIAN 73 $25 $1 ,825 I $12,725 SUB-TOTAL. 1 B. PLANT & SEED ASSISTANT 16 $40 $640 COLLECTION TECHNICIAN 24 $25 $600 SUB-TOTAL.$1,240 II A. ANALYSIS MANAGER 64 $95 $6,080 ADVISOR 14 $85 $1,050 ADVISOR 16 $75 $1,200 ASSISTANT 72 $40 $2,880 SUB-TOTAL.$7,130 t< 1 III MANAGER 64 $75 $4,800 DEMONSTRATION ASSISTANT 64 $40 $2,560 PLOT APPLICATOR 144 $45 $6,480 SET-UP TECHNICIAN 144 $25 $3 ,600 SUB-TOTAL.$17,440 1 REPORT MANAGER 60 $95 $5,700 ADVISOR 24 $85 $2,040 ASSISTANT 30 $40 $1,200 ADVISOR 24 $40 $960 TECHNICIAN 122 $25 $3 ,050 SUB-TOTAL.$12,950 LABOR TOTAL; $51,485 MATRRTATS TOTAL; $8,837 OUTSIDE VENDOR TOTAL; $3 ,840 GRAND TOTAL $64,162 BAEFSKY & ASSOCIATES PAGE 7 RESOURCE MANAGEMENT CONSULTANTS