2400 - Los Angeles County Flood Control District - Catch Basin Trash Insert Maintenance AGREEMENT
(Option 1)
This AGREEMENT, is entered into by and between the LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (hereinafter
referred to as the LACFCD), and the CITY OF ROSEMEAD, a municipal corporation
(hereinafter referred to as CITY).
RECITALS
WHEREAS, California Regional Water Quality Control Board, Los Angeles
Region, has promulgated water-quality regulations, including a Total Maximum Daily
Load for Trash (Trash TMDL) for the Los Angeles River, applicable to cities located in
the Los Angeles River Watershed; and
WHEREAS, CITY desires to achieve compliance with the Trash TMDL by
installing TRASH EXCLUDERS (as hereafter defined) within catch basins owned by the
LACFCD, located within CITY streets; and
WHEREAS, CITY will administer the procurement and installation of said TRASH
EXCLUDERS;
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the LACFCD and CITY hereto mutually agree as follows:
(1) DEFINITION:
a. TRASH EXCLUDER, as referred to in this AGREEMENT, shall mean any
device, which partially blocks the opening or outlet of a catch basin to
prevent trash from entering the storm drain system, including Automatic
Retractable Screen devices and Connector Pipe Screen devices, installed
by CITY at the opening of or inside any catch basin owned by the
LACFCD. Exhibit A identifies locations of TRASH EXCLUDERS within
CITY.
b. STORM SEASON, as referred to in this AGREEMENT, shall mean the
period beginning October 1 and ending April 30 of each year.
c. MAJOR STORM EVENT, as referred to in this AGREEMENT, shall mean
a storm with an intensity of one inch or more of rainfall per 12 hours,
occurring within CITY. Countywide, an average storm season produces
four major storm events.
d. DRY SEASON, as referred to in this AGREEMENT, shall mean the period
beginning on May 1 and ending September 30 of each year.
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(2) LACFCD AGREES:
a. To permit CITY to utilize catch basins owned by the LACFCD and located
within CITY, as identified in Exhibit A, for the purpose of installing,
operating, and maintaining TRASH EXCLUDERS.
b. To maintain all TRASH EXCLUDERS in accordance with the maintenance
standards delineated in Exhibit B. The LACFCD may modify these
maintenance standards from time to time, provided the LACFCD provides
CITY at least 60 days advance written notice of the modifications together
with the LACFCD's reason(s) for making the modifications.
c. To send a billing invoice to CITY, on a quarterly basis, itemizing the
services performed and the costs incurred by the LACFCD in connection
with the activities described in Section (2)b. above, during that quarter.
The amounts billed to CITY shall be in accordance with the schedule of
costs attached as Exhibit C.
d. To indemnify, defend, and hold the CITY and its officers, employees, and
agents, harmless from and against any claims, demands, liability,
damages or costs to the extent that such claim, demand, liability, damage,
or cost arises from or is caused by any negligent or wrongful act or
omission of the LACFCD or any of its officers, employees, agents or
contractors, in connection with the performance of any of the LACFCD'S
duties under this AGREEMENT.
e. The LACFCD shall include CITY within the protection of any indemnification
clause contained in any ancillary contract relating to the TRASH
EXCLUDERS.
f. To pay CITY the amount of $15.25 in 2012 dollars, adjusted annually
according the Consumer Price Index for all urban consumers in the
Anaheim, Los Angeles, and Riverside areas, as published by the
U.S. Government Bureau of Labor Statistics, per year, for each catch basin
identified in Exhibit A. This amount represents the annual amount the
LACFCD would otherwise have had to incur for removing trash and debris
from the catch basins identified in Exhibit A, had CITY not installed TRASH
EXCLUDERS in those catch basins.
(3) CITY AGREES:
a. To provide Exhibit A identifying the locations of TRASH EXCLUDERS
within CITY to be maintained by LACFCD.
b. To patrol areas in which any TRASH EXCLUDERS have been installed,
during storm events, to verify that all TRASH EXCLUDERS are functioning
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properly and shall relieve any instances of plugging of any catch basin
fitted with a TRASH EXCLUDER. Requests for Service coming to the
LACFCD to clean or service any catch basin identified on Exhibit A, during
a storm event, will be forwarded to CITY for their prompt handling, action,
and closure.
c. To pay each billing invoice sent by the LACFCD, as described in Section
(2)c., above, within 30 days of the date of said invoice.
d. To indemnify, defend, and hold the LACFCD and the County of
Los Angeles and their officers, employees, agents and contractors,
harmless from and against any claims, demands, liability, damages or
costs arising from or caused by the breach of any of the CITY'S
obligations under this AGREEMENT, or the TRASH EXCLUDERS or any
of them, except to the extent that such claim, demand, liability, damage or
cost arises from or is caused by the negligent or wrongful act or omission
of the LACFCD or the County or any of its officers, employees, agents, or
contractors.
(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The TRASH EXCLUDERS are the property of CITY. The LACFCD shall
retain ownership of the catch basins, exclusive of the TRASH
EXCLUDERS.
b. Termination
(i) CITY acknowledges that the LACFCD intends to retain a contractor
to perform the operation and maintenance services on the TRASH
EXCLUDERS described above. In the event that the LACFCD's
contract with its contractor(s) is terminated or expires, the LACFCD
may terminate this AGREEMENT in accordance with the following:
(1) LACFCD shall give CITY not less than 60 days prior written
notice of the termination;
(2) CITY shall take over the operation and maintenance of the
TRASH EXCLUDERS, and shall enter into a new Agreement
with the LACFCD providing for said operation and
maintenance of the TRASH EXCLUDERS by CITY.
(3) If CITY fails to enter into said new Agreement within 90 days
of the written notice of the termination by the LACFCD,
LACFCD may, in its sole discretion, provide CITY with a
written notice to remove the TRASH EXCLUDERS, or any of
them, and restore the affected catch basin(s) to a condition
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similar to or better than that which existed prior to installation
of the TRASH EXCLUDERS.
(4) If the LACFCD provides CITY with a notice to remove the
TRASH EXCLUDERS, CITY shall complete all work required
to comply with the notice within ninety (90) days. If CITY
fails to do so, the LACFCD may, in its sole discretion,
complete said work at CITY'S expense.
(ii) CITY may take over the operation and maintenance of the TRASH
EXCLUDERS, or any of them, by giving a thirty (30)-day prior
written notice to the LACFCD of CITY'S intent to do so, and by
entering into a new agreement with the LACFCD, for CITY to
perform the operation and maintenance of the TRASH
EXCLUDERS. Upon the execution of the new agreement by both
CITY and the LACFCD, this AGREEMENT shall be deemed
terminated.
(iii) CITY may unilaterally terminate this AGREEMENT without cause,
in CITY'S sole discretion, at any time, by giving a thirty
(30)-day prior written notice to the LACFCD. In the event this
AGREEMENT is terminated, pursuant to this Section, the LACFCD
may, in its sole discretion, provide CITY with a written notice to
remove the TRASH EXCLUDERS, or any of them, and restore the
affected catch basin(s) to a condition similar to or better than that
which existed prior to installation of the TRASH EXCLUDERS. If
the LACFCD provides CITY with such a notice, CITY shall
complete all work required to comply with the notice within
ninety (90) days. If CITY fails to do so, the LACFCD may, in its
sole discretion, complete said work at CITY'S expense.
(iv) If CITY fails to comply with any of the terms or conditions of this
AGREEMENT, the LACFCD may, in its sole discretion, terminate
this AGREEMENT and provide CITY with a written notice to
remove the TRASH EXCLUDERS, or any of them, and restore the
catch basin(s) to a condition similar to or better than that which
existed prior to installation of the TRASH EXCLUDERS. If the
LACFCD provides CITY with such a notice, CITY shall complete all
work required to comply with the notice within ninety (90) days. If
CITY fails to do so, the LACFCD may, in its sole discretion,
complete said work at CITY'S expense.
(v) If the LACFCD removes any TRASH EXCLUDER pursuant to
Sections (4)b.(i), (4)b.(iii), or (4)b.(iv), the LACFCD shall submit a
billing invoice to CITY indicating the costs and expenses incurred
by the LACFCD in connection with the removal of the TRASH
EXCLUDER, specifically including any work required to restore the
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affected catch basin to a condition similar or better than that which
existed prior to installation of the TRASH EXCLUDER, and CITY
shall reimburse the LACFCD all such costs and expenses within
thirty (30) days of the billing invoice.
c. The LACFCD may remove any TRASH EXCLUDER if the LACFCD
determines, in its reasonable discretion, that removal of the TRASH
EXCLUDER is necessary to prevent or mitigate flooding of any public or
private property. CITY expressly releases the LACFCD from, and waives,
all claims for any damages, loss, costs, or expenses resulting from the
LACFCD'S removal of any TRASH EXCLUDER pursuant to this
Section (4)c. In such case, CITY may thereafter reinstall the TRASH
EXCLUDER only after first consulting with the LACFCD with regards to
the reasons for the removal and obtaining the LACFCD'S approval of the
reinstallation. If CITY thereafter chooses to reinstall the TRASH
EXCLUDER, it must do so at its sole expense.
d. The LACFCD is not responsible for assisting CITY with any regulatory
compliance activities related to the TRASH EXCLUDERS including for
example, conducting monitoring, weighing of trash, and reporting amounts
of trash collected from inside catch basins where TRASH EXCLUDERS
have been installed.
e. This AGREEMENT may be modified only by the mutual written consent of
both parties.
f. This AGREEMENT contains the complete and final understanding of the
parties in connection with the subject matter herein and shall supersede
any and all previous contemporaneous oral or written agreements
between the parties regarding said subject matter.
g. The provisions of this AGREEMENT shall be interpreted and enforced
pursuant to the laws of the State of California.
h. Any correspondence, communication, or contact concerning this
AGREEMENT, shall be directed to the following:
CITY:
Mr. Chris Marcarello
Director of Public Works
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Telephone: (626) 569-2100
FAX: (626) 307-9218
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LACFCD:
Mr. Gary Hildebrand
County of Los Angeles
Department of Public Works
Watershed Management Division, 11th Floor
P.O. Box 1460
Alhambra, CA 91802-1460
Telephone: (626) 458-4300
Fax: (626) 457-1526
For emergencies, contact 626-458-HELP (4337)
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The parties hereto have caused this AGREEMENT to be duly executed by their
respective duly authorized officersby the CITY OF IQOcsmea on?, (1'
_ . 2014, and by the LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT, on SEPI M£! t 29, '2,01S
A LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT,
a body corporate and politic///
By /�/`�� 2/r '�1.
Chief Engineer
APPROVED AS TO FORM.
RICHARD D. WEISS
Acting County Counsel
By I1 k IU 't I 4 r' ; /
deputy / /
City of Rosemead
By f1 Vtc
erector o Public Works
APPROVED AS TO FORM: _.
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EXHIBIT B
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
CATCH BASIN TRASH EXCLUDER
MAINTENANCE STANDARDS
1. Inspect all catch basins fitted with trash excluders once during the dry season,
once each month during the storm season, and once after each major storm
event. A major storm is a storm event with an intensity of 1 inch or more
of rainfall per 12 hours. The inspection should consist of a physical/visual
assessment of the condition of each catch basin, including, but not limited to, the
following:
(i) Exterior damage
(ii) Bent or missing protection bars
(iii) Damaged manholes
(iv) Damaged face plate
(v) Other physical damage
(vi) Visual verification of the trash excluder's mechanical parts
(e.g. missing or damaged hardware, bolts, screws, etc.).
(vii) Physical operation of any Automatic Retracting Screen installed as part
of the trash excluder to verify that the Automatic Retracting Screen
opens and closes freely, and locks in place in the closed position, as
designed.
(viii) Volume of trash in the catch basin as a percentage of the total storage
volume of each individual catch basin.
2. Remove, during each inspection, all trash and debris found in front of curb
opening or side opening catch basins fitted with a trash excluder, and on top or
between the metal grates of grated catch basins fitted with a trash excluder, and
remove all vegetation growing across and/or blocking the basin opening during
each inspection.
3. IL during an inspection, the Los Angeles County Flood Control District
determines that the volume of trash and debris in a catch basin is at or above the
40 percent level, all trash and debris shall be removed from within the catch
basin, including all trash and debris trapped by or adhering to the trash
excluder(s) and all trash and debris in the connector pipe opening and in the
connector pipe for a distance of six feet from the opening, within seven calendar
days from the date of the inspection.
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