HomeMy WebLinkAbout23525co"./"/~;e;c ?'~;22CbY/
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AGREEMENT
THIS AGREEMENT is made and entered into this 20M day of rl cJu y ,2001,/
3 by and between the COUNTY OF FRESNO,a Political Subdivision of the State of California,
4 hereinafter referred to as "COUNTY",and Tito Balling,Inc.DBA California Water Services,
5 whose address is P.O.Box 343,Coalinga,CA 93210-0343,hereinafter referred to as
6 "CONTRACTOR".
7 WIT N E SSE T H:
8 WHEREAS,the COUNTY has a need to obtain a qualified operator to operate and
9 maintain the community water system and the domestic secondary sewer system located at
10 the Elkhorn Correctional Facility,hereinafter referred to as "ELKHORN";and
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WHEREAS,CONTRACTOR has agreed to provide said services to COUNTY;and
WHEREAS,CONTRACTOR represents they are qualified to perform said services.
13 NOW,THEREFORE,the parties agree as follows:
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OBLIGATIONS OF THE CONTRACTOR:
A.CONTRACTOR agrees to operate and maintain the community water system
and the domestic secondary sewer system that serve ELKHORN thereto,that16
17 said services shall include all necessary labor,equipment,tools,and supplies
to operate and maintain the systems as follows:18
19 1)CONTRACTOR shall have a chief plant operator who shall maintain no
less than a Grade II Operator Certificate (acceptable to the California20
21 Regional Water Quality Control Board)for the operation of the
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community water system and domestic secondary sewer system during
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the term of this Agreement.
CONTRACTOR shall follow all operation and maintenance
requirements and guidelines outlined in the Wastewater Treatment
26 PlantOperations,Maintenanceand EquipmentManual,plusthe
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Elkhorn Correctional Facility Reclamation Project Title 22 Engineering
Report.
3)CONTRACTOR shall operate the domestic secondary treatment sewer
system in accordance with the adopted Waste Discharge Requirements
of the California Regional Water Quality Control Board,including all
necessary monitoring and reporting requirements.Any laboratory
charges and consumable testing materials shall be paid by the
COUNTY,not the CONTRACTOR.All samples shall be submitted to a
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COUNTY-approved laboratory.
CONTRACTOR shall keep plant areas clean and neat,free from debris
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and weeds.Debris must be disposed of properly.
CONTRACTOR shall maintain sewer line that connects the Pump
Station (including the sump and pumps)and continues outward and
including the Treatment Plant.Reference:"Plan for Construction"
Phase 2,Wastewater Treatment Plant Modification,as previously
provided.Maintenance will include hydro-flushing sewer lines a
minimum of once each year and more frequently if necessary to
maintain the proper level of service.
6)CONTRACTOR shall purchase and add chemicals to the system as
required.Any chemicals paid for by the CONTRACTOR shall have at
least three (3)pricing quotes and will be reimbursed by the COUNTY at
the CONTRACTOR's cost.
7)CONTRACTOR shall test for,on startup and thereafter monthly,
bacteriological contaminants,including required follow up samples,if
necessary,as required by State law.At least one bacteriological
samplemustbe takenmonthlyin the distributionsystem.Should
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bacteriological sampling determine the need for temporary or
permanentchlorination,the CONTRACTORshall install an approved
chlorination system in the water system as directed and inspected by
the Community Health Department,Environmental Health System.If a
chlorination system is necessary,then additional bacteriological
sampling will be required at the wellhead and the distribution system.
Quantity and locations of additional sampling will be determined by the
significance of the contamination.The CONTRACTOR shall be
responsible for the maintenance and monitoring of the chlorination
system.Additional costs resulting from the addition of a chlorination
system and its operation will be in addition to the monthly rate quoted
for the plant operation.Such additional charges must be agreed to,in
writing,in advance by the COUNTY.The CONTRACTOR shall test for
radiological and chemical contaminants according to the monitoring
requirements of the State of California,for this water system.All
samples shall be submitted to a laboratory approved by the COUNTY's
project coordinator.
8)CONTRACTOR shall operate the community water system in
accordance with the adopted Requirements of the California
Department of Health Services and the County of Fresno,Department
of Community Health,including all necessary monitoring and reporting
requirements.Any laboratory charges and consumable testing
materials shall be paid by the COUNTY,not the CONTRACTOR.All
samples shall be submitted to a COUNTY-approved laboratory.
CONTRACTOR shall obtain,and continue in effect for the term of this
Agreement,all necessarypermitsand licenses.
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C.The CONTRACTOR shall immediately file a written report with the Fresno
County Sheriff's Department and the COUNTY's Department of General
3 Services detailing any loss of COUNTY property due to theft or vandalism.
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TERM:
This Agreement shall commence on June 17,2001,and shall be effective for a period
6 of one (1)year.This Agreement shall automatically renew for an additional one (1)year
7 period except when written notice is delivered by either party to the other expressing intent
8 not to renew.Such notice must be delivered a minimum of sixty (60)days prior to the
9 expiration of the then current one (1)year term.The maximum number of automatic one (1)
10 year renewal periods under this Agreement is two (2).
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3.TERMINATION:
A.Non-Allocation of Funds -The terms of this Agreement and the services to be
13 provided thereunder,are contingent on the approval of funds by the appropriating
14 government agency.Should sufficient funds not be allocated,the services provided may be
15 modified,or this Agreement terminated,at any time by giving the CONTRACTOR thirty (30)
16 days advance written notice.
17 B.Breach of Contract -The COUNTY may immediately suspend or terminate this
18 Agreement in whole or in part,wherein the determination of the COUNTY there is:
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An illegal or improper use of funds;
A failure to comply with any term of this Agreement;
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A substantially incorrect or incomplete report submitted to the COUNTY;
Improperly performed service.
23 In no event shall any payment by the COUNTY constitute a waiver by the
24 COUNTY of any breach of this Agreement or any default,which may then exist on the part of
25 the CONTRACTOR.Neither shall such payment impair or prejudice any remedy available to
26 the COUNTY with respect to the breach or default.The COUNTY shall have the right to
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1 demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the
2 CONTRACTOR under this Agreement,which in the judgment of the COUNTY were not
3 expended in accordance with the terms of this Agreement.The CONTRACTOR shall
4 promptly refund any such funds upon demand.
5 C.Without Cause -Under circumstances other than those set forth above,this
6 Agreement may be terminated by COUNTY upon giving thirty (30)days advance written
7 notice of an intention to terminate to CONTRACTOR.
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COMPENSA TION/INVOICING:
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
10 compensation as follows:
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A.The CONTRACTOR shall provide all necessary labor,equipment,tools,and
supplies for routine operation and maintenance service of the ELKHORN
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Community Water System and Domestic Secondary Sewer System for an
estimated total of One Thousand Eight Hundred One Dollar and Twenty-five
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Cents ($1,801.25)per month for twelve (12)months.Included therein shall be
all taxes,permits,and fees,the cost of which shall be borne by
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CONTRACTOR.
B.The CONTRACTOR shall obtain approval from Tim Wilson,Building
Maintenance Superintendent through a pager at (559)452-7442 or at (559)19
20 222-8133 prior to commencing any Emergency and Non-Routine Services.
The CONTRACTOR shall be compensated for such previously approved21
22 services as follows:
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1)Employee Class II I-V shall be compensated Sixty-Five Dollars ($65.00)
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an hour for Non-Routine services and Ninety-Seven Dollars and Fifty
Cents ($97.50)an hour for Emergency Services.
26 2)EmployeeClassOIT-I-1lshallbe compensatedFifty-FiveDollars
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($55.00)an hour for Non-Routine Services and Eighty-Two Dollars and
Fifty Cents ($82.50)an hour for Emergency Services.
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CONTRACTOR shall provide personnel,all necessary labor,equipment,tools
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and supplies for Emergency Services,such as,but not limited to,sewer line
breakage and mechanical failures,and Non-Routine Services.Emergency
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Services shall be available 24 hours a day,seven days a week.
Additional/Reimbursable Items:Parts,supplies and special equipment notC.
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included under the contract shall be reimbursed by the COUNTY at
CONTRACTOR's cost plus fifteen percent (15%).
D.CONTRACTOR shall submit monthly invoices in triplicate to the County of
Fresno,Building Maintenance Division,4590 E.Kings Canyon,Fresno,CA11
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E.It is understood that all expenses incidental to CONTRACTOR's performance
of services under this Agreement shall be borne by CONTRACTOR.
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INDEPENDENT CONTRACTOR:
In performance of the work,duties and obligations assumed by CONTRACTOR under
17 this Agreement,it is mutually understood and agreed that CONTRACTOR,including any and
18 all of the CONTRACTOR'S officers,agents,and employees will at all times be acting and
19 performing as an independent contractor,and shall act in an independent capacity and not as
20 an officer,agent,servant,employee,joint venturer,partner,or associate of the COUNTY.
21 Furthermore,COUNTY shall have no right to control or supervise or direct the manner or
22 method by which CONTRACTOR shall perform its work and function.However,COUNTY
23 shall retain the right to administer this Agreement so as to verify that CONTRACTOR is
24 performing its obligations in accordance with the terms and conditions thereof.
25 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules
26 and regulations,if any,of governmental authorities having jurisdiction over matters the
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subject thereof.
Because of its status as an independent contractor,CONTRACTOR shall have
3 absolutely no right to employment rights and benefits available to COUNTY employees.
4 CONTRACTOR shall be solely liable and responsible for providing to,or on behalf of,its
5 employees all legally-required employee benefits.In addition,CONTRACTOR shall be solely
6 responsible and save COUNTY harmless from all matters relating to payment of
7 CONTRACTOR'S employees,including compliance with Social Security withholding,and all
8 other regulations governing such matters.It is acknowledged that during the term of this
9 Agreement,CONTRACTOR may be providing services to others unrelated to the COUNTY
10 or to this Agreement.
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6.MODIFICATION:
Any matters of this Agreement may be modified from time to time by the written
13 consent of all the parties without,in any way,affecting the remainder.
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NON-ASSIGNMENT:
Neither party shall assign,transfer or sub-contract this Agreement nor their rights or
16 duties under this Agreement without the prior written consent of the other party.
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HOLD HARMLESS:
CONTRACTOR agrees to indemnify,save,hold harmless,and at COUNTY'S request,
19 defend the COUNTY,its officers,agents,and employees from any and all costs and
20 expenses,damages,liabilities,claims,and losses occurring or resulting to COUNTY in
21 connection with the performance,or failure to perform,by CONTRACTOR,its officers,
22 agents,or employees under this Agreement,and from any and all costs and expenses,
23 damages,liabilities,claims,and losses occurring or resulting to any person,firm,or
24 corporation who may be injured or damaged by the performance,or failure to perform,of
25 CONTRACTOR,its officers,agents,or employees under this Agreement.
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9.INSURANCE:
Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or
3 any third parties,CONTRACTOR,at its sole expense,shall maintain in full force and effect
4 the following insurance policies throughout the term of this Agreement:
5 A.Commercial or Comprehensive General Liability Insurance with limits of not
6 less than Five Hundred Thousand Dollars ($500,000.00)per occurrence.The COUNTY shall
7 be named as an additional insured.The certificate for this insurance shall identify the
8 equipment used in the CONTRACTOR's operation under this Agreement.
9 B.Automobile Liability Insurance with limits of not less than One Hundred
10 Thousand Dollars ($100,000.00)per occurrence and not less than Three Hundred Thousand
11 Dollars ($300,000.00)annual aggregate for bodily injury and not less than Fifty Thousand
12 Dollars ($50,000.00)property damage.The COUNTY shall be named as an additional
13 insured.
14 C.Workers Compensation Insurance in accordance with the California Labor
15 Code.
16 Such insurance policies shall name the COUNTY,its officers,agents,and employees,
17 individually and collectively as additional insured (except Workers Compensation Insurance),
18 but only insofar as the operations under this contract are concerned.Such coverage for
19 additional insured shall apply as primary insurance and any other insurance,or
20 self-insurance,maintained by the COUNTY,its officers,agents,and employees,shall be
21 excess only and not contributing with insurance provided under the CONTRACTOR's policies
22 herein.This insurance shall not be canceled or changed without a minimum of thirty (30)
23 days advance,written notice given to COUNTY.
24 Prior to the commencement of performing its obligations under this Agreement,
25 CONTRACTOR shall provide certificates of insurance on the foregoing policies,as required
26 herein,to the COUNTY'sGeneralServicesDepartment,BuildingMaintenanceDivision,
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1 stating that such insurance coverages have been obtained are in full force,that the
2 COUNTY,its officers,agents,and employees will not be responsible for any premiums on
3 the policies;that such insurance names the COUNTY,its officers,agents,and employees,
4 individually and collectively,as additional insured (except Workers Compensation Insurance),
5 but only insofar as the operations under this contract are concerned;that such coverage for
6 additional insured shall apply as primary insurance and any other insurance,or self-
7 insurance,maintained by the COUNTY,its officers,agents,and employees,shall be in
8 excess only and not contributing with insurance provided the CONTRACTOR's policies
9 herein,and that this insurance shall not be canceled or changed without minimum of thirty
10 (30)days advance,written notice given to COUNTY.
11 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
12 herein provided,the COUNTY may,in addition to other remedies it may have,suspend or
13 terminate this Agreement upon the occurrence of such event.
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AUDITS AND INSPECTIONS:
The CONTRACTOR shall at any time during business hours,and as often as the
16 COUNTY may deem necessary,make available to the COUNTY for examination all of its
17 records and data with respect to the matters covered by this Agreement.The
18 CONTRACTOR shall,upon request by the COUNTY,permit the COUNTY to audit and
19 inspect all of such records and data necessary to ensure CONTRACTOR's compliance with
20 the terms of this Agreement.
21 If this Agreement exceeds Ten Thousand Dollars ($10,000.00),CONTRACTOR shall
22 be subject to the examination and audit of the Auditor General for a period of three (3)years
23 after final payment under contract (Government Code Section 8546.7)
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NOTICES:
The persons and their addresses having authority to give and receive notices under
26 this Agreement include the following:
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COUNTY CONTRACTOR
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Tim Wilson
County of Fresno
4590 E.Kings Canyon Rd.
Fresno,CA 93702
Phone:(559)456-7242
Tito Balling.
Water Environmental Services
P.O.Box 343
Coalinga CA,93210-0343
(559)935-2300
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5 Any and all notices between the COUNTY and the CONTRACTOR provided for or
6 permitted under this Agreement or by law shall be in writing and shall be deemed duly served
7 when personally delivered to one of the parties,or in lieu of such personal services,when
8 deposited in the United States Mail,postage prepaid,addressed to such party.
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GOVERNING LAW:
Venue for any action arising out of or related to this Agreement shall only be in
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Fresno County,California.
The rights and obligations of the parties and all interpretation and performance of
13 this Agreement shall be governed in all respects by the laws of the State of California.
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ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the CONTRACTOR and
16 COUNTY with respect to the subject matter hereof and supersedes all previous Agreement
17 negotiations,proposals,commitments,writings,advertisements,publications,and
18 understanding of any nature whatsoever unless expressly included in this Agreement.In the
19 event of any inconsistency in interpreting the documents which constitute this Agreement,the
20 inconsistency shall be resolved by giving precedence in the following order of priority:(1)the
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text of this Agreement.
23 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
24 executed as of the day and year first herein above written.
25 IIIII
26 I III
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