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Home My WebLink AboutMINUTES - 05071996 - C10 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: May 8, 1996 SUBJECT: APPROVE AND AUTHORIZE the Chair of the Board of Supervisors to Execute an Agreement with the City of Walnut Creek for County Furnished Vegetation Management Services Project No.: 4500-6X5282 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE AND AUTHORIZE the Chair of the Board of Supervisors to execute an agreement with the City of Walnut Creek for County furnished vegetation management services. H. Financial impact: The City of Walnut Creek will pay all costs associated with the agreed vegetation management services including labor, equipment, materials, including applicable overhead costs. M. Reasons for Recommendations and Background: The City of Walnut Creek has requested that the County Public Works Department provide weed abatement services to the City. Accordingly, the subject agreement has been prepared wherein the County agrees to provide services with the scope of work, exact locations, and cost to be mutually agreed by State and County staff and the State agrees to pay the County's actual costs to provide the services. Public Works maintenance staff is capable of providing the requested service without adversely affecting the County weed abatement program. The expansion of the weed abatement program will allow both the County and the State to benefit from the economy of scale. Continued on Attachment:x SIGNATURE. _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 7, 1996 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS X UNANIvIOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this Is a true and correct copy of GC:pc an action taken and entered on the minutes of the Board of Supervisors on the date shown. c:BO8.t5 ATTESTED:_.._M �k— PHIL BATCHELOR,Clerk of the Board Contact: Greg Connaughton,313-7000 Of Supervisors and County Administrator A Orig. Div: Public Works (Maint.) By ,Dep„ty cc: See next page Agreement With the City of Walnut Creek May 8, 1996 Page 2 The agreement contains indemnification language which is acceptable to the City and to the County's Risk Management Office. 1V. Consequences of Negative Action: Failure to approve the agreement will stop the cooperative relationship developing between the City and the County. cc: County Administrator Auditor Controller Public Works Dir. Public Works Accting. City of Walnut Creek CONTRACT FOR PUBLIC WORKS MAINTENANCE SERVICES 1. Parties: This Contract is entered into by and between the City of Walnut Creek(hereinafter called CITY),and the County of Contra Costa(hereinafter called COUNTY). 2. Term: This Contract shall become effective upon execution by the parties hereto and continue in force until June 30, 1996, or terminated in accordance with the terms and conditions contained or incorporated herein. The City Manager is hereby authorized to enter into substantially similar contracts for subsequent fiscal years. 3. Cily Obligations: CITY shall make to the COUNTY those payments described in the Payment Provisions attached hereto(P-1 through P-2)which are incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 4. County Obligations: COUNTY shall provide those services and carry out that work described in the Service Plan attached(S-1)hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 5. General Conditions: The Statement of General Conditions under which this contract is to be performed is attached hereto(G-1)which is incorporated herein by reference. 6. Signatures: These signatures attest the parties'agreement hereto: DATED: May 7 1996 DATED: Z4 J 7 9s COUNTY OF CONTRA COSTA CITY OF WALNUT CREEK a political subdivision of a State of Cal ornia . t By: ,. - j h Mayor County oard of Supervisors RECOMMENDED FOR APPROVAL: ATTEST: J. Michael Walford,Public Works Director City Clerk By: Deputy APPROVED AS TO FORM: APPROVED AS TO FORM: Victor J. Westman, Co Counsel By: Thomas Haas, City Attorney Deputy ATTEST: Phil Batchelor Clerk of the Board of Supervisors and County Administrator By: Deputy PAYMENT PROVISIONS C .10 1. Invoice: The County shall invoice the City no more frequently than once a month for services performed. The invoice shall include but shall not be limited to the following costs: a. Labor costs according to the attached labor rates. b. Charge for vehicles and equipment used on an hourly basis according to the attached equipment rates. C. Actual material cost. . 2. Adjustment to Rates: The rates attached hereto and incorporated herein (R-1 and R-2) may be adjusted based on an increase in labor costs or other increases which reflect the increased costs to County to provide service to the City. Any rate increases shall occur only after agreement between the City and County; absent such agreement,this entire contract shall become null and void. 3. Timeliness of Payments: The City shall pay the invoiced amount within 30 calendar days of receipt. If the County does not receive payment within this 30 day period, the invoiced amount becomes delinquent and a late penalty at the monthly periodic rate of 1.0% is applicable to the total unpaid balance carried forward from one month's invoice to the next and is included in the total amount due on the current invoice. Notwithstanding the provisions of the first paragraph of this section, if the City fails to pay for services rendered within 90 calendar days of the date of the initial invoice for these services, the Contract shall automatically terminate. Upon such termination under this paragraph, County shall not be obligated to perform any further services, but the City shall continue to be obligated to pay County for services performed by County under this contract to the date of termination. 4. Disputed Amounts: If the City disputes any amount on the current invoice, the City must pay the entire invoiced amount and file a claim in writing with the County detailing its objections. The claim should include the following: - the invoiced item in dispute the disputed dollar amount - a description of the dispute and why it is believed there is an error Upon investigation, if the City's dispute is sustained, the County will promptly reimburses the City the disputed amount plus a penalty of 1% per month from the due date of the invoice in which the disputed amount first occurred. 5. Records: The County shall keep and provide the City reasonably itemized and detailed records covering the costs of all services performed, including salary, wages and other compensation for labor, supervision and planning, the use of all County owned equipment and machinery, rental fees paid for all rented machinery or equipment together with the cost of an operator if so provided, the cost of all materials or supplies furnished by the County, and other charges incurred pursuant to the performance of this contract. P - 1 6. Total Payments: Notwithstanding the foregoing, the total payment to County for C.10 annual vegetation management shall not exceed the following without prior written approval from the City: P -2 SERVICE PLAN t:•(b The county shall provide written recommendations by a licensed pest control advisor for the control of vegetation on the land parcels and/or at the sites identified by the City. The level or degree of vegetation control shall be mutually agreed upon by the City and the County and shall be reflected in the recommendations of the pest control advisor. All chemical herbicide materials shall be handled and placed by licensed pest control applicators in accordance with product labelling and current Federal and State regulations. contract.wc September 25, 1995 S - 1 GENERAL CONDITIONS 1. Service: The County will provide to the City the services detailed in the attached Service Plan when specifically requested by the City. In no event shall the City be precluded from purchasing the same or similar services from other providers at the City's discretion. The City shall have final approval as to which work is preformed by County forces versus other outside services. 2. Pertormance Standards: The services to be performed under this contract shall be done in accordance with performance standards mutually agreeable to the City and County. 3. Additional Services: No other services shall be performed by County without a prior amendment to this contract. 4. Indemnity: The City shall defend, indemnify, save and hold harmless the County and its officers, agents, and employees from any and all claims, costs and liability, including reasonable attorney's fees, for any damage, injury or death to persons or property arising from the non-accidental release of weed abatement chemicals and/or from the non-accidental release of weed abatement chemicals and/or from the acts or omissions of the City. The County shall defend, indemnify, save and hold harmless the City and its officers, agents and employees from any and all claims, costs and liability, including reasonable attorney's fees, for any damage, injury or death to person or property arising from the acts or omissions of the County. 5. Termination: This contract may be terminated without cause by either party upon 60 days written notice. 6. Notice: All notices to the City shall be addressed to: Open Space Superintendent City of Walnut Creek 1666 North Main Street Walnut Creek, CA 94596 All notices to the County shall be addressed to: Contra Costa County Public Works Department Maintenance Division 2475 Waterbird Way Martinez, CA 94553 G - 1 0.10 LABOR RATES Employee Title Hourly Rate Daly Rate Maintenance Supervisor $53.84 - 60.37 $538.40 -603.70 Vegetation Management Supervisor $56.38 - 60.94 $563.80 - 609.40 Senior Vegetation Management Technician $49.97 - 54.38 $499.70 - 543.80 Vegetation Management Technician $40.58 - 46.62 $405.80 - 466.20 Equipment Operator II $47.59 - 52.08 $475.90 - 520.80 Equipment Operator 1 $43.95 - 47.74 $439.50 - 477.40 Laborer $36.21 - 39.55 $362.10 - 395.50 Sheriff's Deputy $45.00 - 55.00 $450.00 - 550.00 R-1 EQUIPMENT RATES EQUIPMENT TYPE HOURLY RATE DAILY RATE Supervisor Pickup $5.00 $50.00 . Utility Truck $15.00 $150.00 Herbicide Spray Truck $17.00 $170.00 Van $5.00 $50.00 Portable Toilet Trailer $6.00 $60.00 6 Yard Dump Truck $20.00 $200.00 Boom Truck $25.00 $250.00 Brush Chipper $10.00 $100.00 Pickup Truck 3/4 Ton $4.50 $45.00 Fence Truck $5.00 $50.00 Stake Bed Dump Truck $20.00 $200.00 Miscellaneous Hand Tools $4.00 - 7.00 $40.00 - 70.00 R-2