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Home My WebLink AboutMINUTES - 05071996 - C9 z v I 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 State of California for County Furnished Vegetation Management Services Project No.: 4500-6X5293 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 State of California, Department of Parks and Recreation. U. FinancialImnact: The State of California 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 State of California has requested that the County Public Works Department provide weed abatement services to the State Department of Parks and Recreation. Accordingly,the subject agreement has been prepared wherein the County agrees to provide services in the amount of$4,500 per year with the scope of work and exact locations 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: CSG _RECOMNIENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON May 7, 1996 APPROVED AS RECOMMENDED X OTHER VOXOF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby cortify that this is a true and correct MPyOf GC-Pc Bo� of Suptes of the Supervisors on the date Shown Board c:BO8.t5 ATTESTED: PHIL BATCH LGR,Clerk o the Boa of Supervisors and County Administrator Contact: Greg Connaughton;,,313-7000 Orig. Div: Public Works (Maint.) By ,Deputy cc: See next page 01 Agreement With the State of California May 8, 1996 Page 2 The agreement contains indemnification language which is acceptable to the State and to the County's Risk Management Office. IV. Consequences of Negative Action: Failure to approve the agreement will stop the cooperative relationship developing between the State and the County. cc: County Administrator Auditor Controller Public Works Dir. Public Works Accting. City of Walnut Creek CONTRACT FOR PUBLIC WORKS MAINTENANCE SERVICES q Parties: This Contract is entered into by and between the State of California Department of Parks&Recreation(hereinafter called STATE,)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 8, 1998 or terminated in accordance with the terms and conditions contained or incorporated herein. 3. State Obli at, ions: STATE 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: May7, 1996 DATED: COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, Department of apolitical s divis' n f the Parks and Recreation State of o By: By: F0*Board hair Lawence E. Ferri of Supervisors Park Superintendent RECOMMENDED FOR APPROVAL J. Michael Walford Public Works Direct By � By: APPRO D AS TO FORM: Victor J. Westman CounJ3i Counsel C By. 1 By: Depu ATTEST: Phil Batchelor Clerk of the Board of Supervisors and County Administrator By: By: Deput PAYMENT PROVISIONS OJ 1. Invoice: The County shall invoice the State 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 State. Any rate increases shall occur only after agreement between the State and County; absent such agreement this entire contract shall become null and void. 3. Timeliness of Payments: The State shall pay the invoiced amount within 50 calendar days of receipt. If the County does not receive payment within this 50-day period, the invoiced account becomes delinquent and a late penalty will be assessed according to the following formula: 0.01564 divided by 100, times the amount due, times the number of days past due, beginning on the fifty first day and ending on the day the check is cut. This amount is carried forward from one month's invoice to the next and is included in the total amount due on the current invoice. 4. Disputed Amounts: If the State 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 State's dispute is sustained, the County will promptly reimburse the State 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 State 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 annual vegetation management based on the fiscal year commencing on July 1 and terminating on June 30, shall not exceed the following without prior written approval from the State: Four thousand five hundred dollars and no cents($4,500.00) subject to availability of State funds. P - 2 . 1 SERVICE-PLAN The County shall provide written recommendations by a licensed pest control advisor for the control e,q of vegetation along roadways in Mt. Diablo State Park. The level or degree of vegetation control shall be mutually agreed upon by the STATE 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.sta rev. 3/20/96 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 State. In no event shall the State be precluded from purchasing the same or similar services from other providers at the State's discretion. The State shall have final approval as to which work is preformed by County forces versus other outside services. 2. Performance Standards: The services to be performed under this contract shall be done in accordance with performance standards mutually agreeable to the State.and County. 3. Additional Services: No other services shall be performed by County without a prior amendment to this contract. 4. Indemnity: The State Department of Parks and Recreation shall defend, indemnify, save and hold harmless the County and its officers, agents, and employees form 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 acts or omissions of the State. The County shall defend, indemnify, save and hold harmless the STate 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 State shall be addressed to: Park Superintendent State of California Department of Parks and Recreation Bay Area District/Diablo Sector 96 Mitchell Canyon Road Clayton, CA 94517 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 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