HomeMy WebLinkAboutCalifornia State of / Conservation Corps; 2010-07-01; 11-3804-315RSTATE OF CALIFORNIA
AGREEMENT ADDENDUM
CCC-96A (REV. 05/06)
Agreement #-5 \*O 9-lndex#3804
(CCC Contract Officer Assigns)
CALIFORNIA CONSERVATION CORPS
Page 1 of 2
CCC Work Code: R11-8000
(Center Project Manager Assigns)
A]The California Conservation Corps (CCC), agrees to provide crew labor for the project titled:
See CCC-58: Project Evaluation Form for details.
TITLE:City of Carlsbad
Urban Forest Thinning 2010/11
(Check box and complete reverse if multi-year)! I FIRST YEAR FISCAL DISPLAY FY10/11
B] The term of this agreement shall be:
FROM: 07/0 1/10
C] Sponsor ac
estimated c
Display.
NOTETOSPONSO
Budget detail will n
TO: 6/30/1 1
irees to reimburse the CCC for
;osts in accordance with the Fiscal
R:
ot be provided on performance based contracts.
LABOR Hours
CM Regular Time: 5352.00
CM Overtime:
$
$
Rate/Hr
17.00
Performance-Based Labor:
Staff BILLABLE Regular Time :
Staff Overtime :
EXPENSES
Equipment:
Tools:
Materials:
Vehicle Operations:
Consulting:
Other:
See Section D. TOTAL:
D] The total amount payable by Sponsor to CCC under this agreement shall not exceed'
Totals
$
$
$
$
$
$
$
$
$
$
$
$
$
90,984.00
0.00
1,800.00
7,216.00
100,000.00
100,000.00
E] The CCC shall forward billing for labor and/or operating expenses with supporting documentation in triplicate to sponsor
^1 Monthly CD Quarterly [J] At end of contract
Sponsor agrees to pay CCC within 50 days from receipt of bill. Negotiated Advanced Payments $
Organization:
Date:
Signature:
Print:
Title:
Sponsor Organization:
tity <f fiA£L£Afl^
/J**M f /
Lj? />/ J&£7 t \l4^
SMLfU fl£Cf:1C/U/CyAft"tt!A /MA£
t"Cri3mjT W7V A/A/vJAS6A.
SPONSOR MAILING ADDRESS
City of Carlsbad • Public Worko Deportment-
1635 Faraday Ave
Carlsbad, Ca 92008-731 4
SPONSOR BILLING ADDRESS:
Same as above
STATE OF CALIFORNIA
California Conservation Corpst
Date:
Signature:
Print:
Title:
^Lk>fCO^
6
^IiW/j/Un CMJL^
CCC DISTRICT VERIFICATION
Conservation Supervisor
FORWARD PAYMENTS TO:
California Conservation Corps
Accounting/Receivables
1719 24th Street, Sacramento, CA 95816
CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION CCC-58
[A] PROJECT DATA
Project/Work Code: R-11-8000
Center Code: 804 NORTH COUNTY
Location Code:
ARRA Funding: N
Contract:Resource Category: CRC
Project Title: CITY OF CARLSBAD URBAN FOREST THINNING 2010/11
Project Description:
Under the authorization and direction of the City of Carlsbad Park and
Recreation Department and the City of Carlsbad Fire Prevention Division, CCC
crews will provide Urban Forest maintenance, fire fuel reduction, trail
construction and repair, falling of dead and dying trees, and removal of
dangerous trees that have been marked for removal. This work will be
performed in several designated wooded urban forest areas. ...
[B] SPONSOR INFORMATION
Agency Code:
40000
Sponsoring Agency:
CITY OF CARLSBAD
City: CARLSBAD
Sponsor Representative
KYLE LANCASTER
State: CA
Technical Supervisor:
MICHAEL BLISS
Address :
1635 FARADAY AVE
ZIP: 92008-7314
Title:
PUBLIC WORK SUPERINTENDENT
Title:
PUBLIC WORK SUPERVISOR
Phone :
(760) 434-2941
Phone :
(760) 434-2985
[C] EMERGENCY RESPONSE INFORMATION
CDF Incident #
CCC Index #
Request #OES #HQ Ref . #
Corpsmember Overtime Pay Serial #
[D] ESTIMATE INFORMATION [E] WORKSITE INFORMATION
Hours: 5352
Start Date: 07/01/2010
Directions to Worksite Location:
TEA but within the urban forest of the City of
Carlsbad.
Medical services are available through Healthwor . . .
ZIP: 92008-7314 County Code: 37 County: SAN DIEGO
[F] FOR HQ USE ONLY STEVE KIRSCH 06/07/2010, 9:11am
Received:
Analyst :
Logged :
Entered :
Verified:
Checked :
Field Operations Database System Ver: 2.8.1 (06/04/2010)
CCC-58 Project/Work Code: R-ll-8000 CITY OF CARLSBAD URBAN FOREST Continuation
Project Description: (cont.)
performed in several designated wooded urban forest areas.
CCC will use hand tools, power tools (ie chipper, hedgers, power weedeaters)
and where appropriate equipment (ie chipper) to accomplish these tasks. Both
parties agree that the decision not to cut a tree due to lean, size or for
personnel safety's sake can be done by either the City's or CCC
Representatives.
It is the intention to complete project by leaving a Urban Forest Area for
public use and enjoyment. At no time will the CCC intentional clear cut an
area. The CCC will clear the areas of debris while opening up the canopy for a
defendable Fire Safe Forests.
The City will call as needed and the CCC will respond to the City's request
with urgency to the maintenance of areas. The City understands that the CCC
mission is first training corpsmembers, emergency response, and public safety.
The CCC will be providing per the contract at the cost of $150 per day the
Centers chipper. The City understands the chipper may need to be used at other
CCC projects. If the Centers Chipper becomes permanently unavailable the CCC
may need to rent another chipper. The cost of renting equipment from an
outside sourse may increase the price per day cost to the City.
Directions to Worksite Location: (cont.)
TEA but within the urban forest of the City of Carlsbad.
Medical services are available through Healthworks and the nearest hospital is
Tri-City Hospital approximately 4 miles east off of Hwy 78. Take the College
exit, go left, and take a right on Vista Way
Field Operations Database System Ver: 2.8.1 (06/04/2010)
CCC-58 Project/Work Code: R-ll-8000 CITY OF CARLSBAD URBAN FOREST THIN Page: 2
[G] EDUCATIONAL ACTIVITIES
Sponsor: Educational presentation to increase Corpsmember understanding of
the natural environment. Length of time scheduled: 6.00 Hrs.
Corpsmember will be given presentations by City staff\ fire officials. The
presentations may include fuel reduction, plant and tree identification.
CCC: The CCC will be doing the following work/learn activities.
Length of time scheduled: 6.00 Hrs,
Corpsmember will be provided with various learning opportunities, Including
fire prevention, Non native plant control, Each Corpsmember will greatly
enhance their tool usage. TOols will include power tools tractors, mowers and
various handtools.
EQUIPMENT, MATERIALS, AND LABOR
To be supplied by Sponsor:
Tech Supervision
Fire prevention recommendations
Payment per contract
To be supplied by CCC:
Labor force
Workmens comp
Safety gear
Chipper when available
Chainsaws
Handtools
Skid Steer
Stakeside
Trailer
Special SPIKE equipment needed by crew:
SPIKE Information (description and location of housing):
Field Operations Database System Ver: 2.8.1 (06/04/2010)
CCC-58 Project/Work Code: R-ll-8000 CITY OF CARLSBAD URBAN FOREST THIN Page: 3
[I] NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES
(Assign a numerical rating: 0=none, l=low, 2=medium, 3=high)
Conserving, improving, developing natural resources, maintaining
environmentally important lands or waters. RATING: 3
Providing public benefit or access (Estimated visitor use, increased safety,
reduced maintenance costs, etc. RATING: 3
Providing Corpsmembers with opportunities for training in employable skills
(e.g. specific tools and use, fire control, carpentry) RATING: 3
[J] PROJECT CHECKLIST & SIGNATURE BLOCKS
SIGNING THIS DOCUMENT VERIFIES THAT:
A Sponsor Agreement (CCC 96) is on file at Headquarters.
If a reimbursable project, a CCC-96A or STD-13 agreement has been
submitted to Headquarters.
If the Sponsor is a non-profit entity, a statement of non-profit status
and Private Property/Sponsor Authorization form have been submitted to HQ.
If the Sponsor is a for-profit entity, a Private Property/Sponsor
Authorization has been submitted to H
; • The project conforms to CCC's Injury
[Project Coordinator: Print
S KIRSCH
[District Director:
Si
tion Program (IIPP)
Date:
! THE SPONSOR REPRESENTATIVE AGREES TO THE FOLLOWING:
If there are hazardous materials present, the sponsor has provided the
location, identity, and amounts of any hazardous substances at the worksite
and provided all Material Safety Data Sheets for hazardous materials that
are present at the worksite
)R
To the best knowledge of the sponsor, the worksite is free of any
known hazardous materials.
JD
« That all applicable local, state, and_federal
clearances have been obtained.
iSponsor Representative: Print
its, approvals, and
Field Operations Database System Ver: 2.8 (05/12/2010)
STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CCC-96(Rev. 02/10)
SPONSOR AGREEMENT (CCC-96)
(Government or Private Entity)
This Sponsor Agreement (Agreement) is entered into by the California Conservation
Corps (CCC), State of California and
Sponsor's Name: 6fTY flp £Ali£&AA (Sponsor).
WHEREAS, the CCC is statutorily mandated to provide job skills training, educational
opportunities and an increasing awareness of the State's natural resources to young
adults;
WHEREAS, the CCC is authorized to work on projects that preserve, maintain and
enhance the lands and water of the State of California;
WHEREAS, the CCC is authorized to engage in useful and needed public works project
in both urban and rural areas throughout the State of California;
WHEREAS, the CCC is authorized pursuant to the California Public Resources Code
Section 14306 to execute contracts for furnishing the services of the CCC to any
federal, state or local public entity, any local or statewide private organizations, and any
person, firm, partnership, or corporation concerned with the objectives of the CCC
program as specified in Sections 14000 and 14300;
WHEREAS, the Sponsor can provide opportunities for public service through
meaningful and productive work projects;
WHEREAS, the Sponsor is required to provide opportunities for public use of project
areas;
WHEREAS, each party to this Agreement is a public agency duly authorized and
existing under the laws of the State of California; and
WHEREAS, the parties to this Agreement find and determine that it would be to their
mutual advantage and the public benefit to join together to accomplish the purpose
herein, and coordinate their power, authority and expertise for the CCC to use its
employees to perform the work set forth in this Agreement.
NOW THEREFORE, in consideration of the above, the parties hereto agree to the
following terms and conditions:
A. Sponsor agrees to:
1. Pay for all costs, including but not limited to, labor, material and supply costs
negotiated and agreed to by the parties that are directly related to and
necessitated by the project that are set forth in CCC Form 58 and the
Standard Agreement, Std 213, if applicable;
2. Make available to the CCC adequate plans, specifications, materials,
supplies, equipment and /or special labor requirements to complete the
project as determined and agreed to by the parties as specified in CCC
Form 96A and the Standard 213, if applicable;
3. Provide adequate technical supervision as determined and agreed to by the
parties;
Page 1 of 4
STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CCC-96 (Rev. 02/10)
4. Obtain approvals and permits required by any other local, state or federal
entity necessary to commence working on or completing the project;
5. Provide or reimburse the CCC for acceptable temporary living
accommodations, if determined necessary by the parties, for the duration of
the project when the project is located at a site that is more than a one hour
drive from the designated CCC base center;
6. Conduct an orientation with CCC personnel at the commencement of a
project to explain the technical aspects, safety requirements and other
relevant information necessary for the CCC to successfully complete the
project;
7. Conduct an additional educational or training presentation at the CCC base
center or project site to CCC Corpsmembers; and
8. Authorize the CCC to place a sign, plaque or emblem on the project site that
presents the CCC's contribution to the project and the date. The sign, plaque
or emblem shall be consistent in size and design to its surroundings at the
project site.
B. CCC agrees to:
1. Provide CCC personnel, equipment and materials to perform the obligations
specified in CCC Form 58 which is attached to and made a part of this
Agreement. The CCC shall only use personnel who have received adequate
prior training and are sufficiently equipped for and alerted to the general
nature of the hazards inherent in the scope of work; and
2. Provide workers' compensation coverage and benefits that are administered
by the State Compensation Insurance Fund in accordance with the California
Labor Code.
C. The Sponsor and CCC mutually agree to the following:
1. This agreement is not intended to affect the legal liability of either of
the Parties by imposing any standard of care other than the standard
of care imposed by law; and
2. To the extent permitted by law including Article XVI, sections 1 and 6
of the California Constitution, and the California Tort Claims Act, the
CCC agrees to hold harmless and indemnify the Sponsor against any
liability, damage, or loss legally determined to have occurred as a
result of performance or failure to perform under this Agreement
caused by the acts and/or omissions of any person directly employed
by or under the control and supervision of the CCC for performance of
work as set forth in this Agreement.
The Sponsor agrees to hold harmless and indemnify the CCC against
any liability, damage, or loss legally determined to have occurred as a
result of performance or failure to perform under this Agreement
caused by the acts and/or omissions of any person directly employed
by or under the control and/or supervision of the Sponsor for
performance of work as set forth in this Agreement;
Page 2 of 4
STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CCC-96 (Rev. 02/10)
3. The California Labor Code Section 1720.4(a)(3) specifically exempts the CCC
from paying state prevailing wages to Corpsmembers when engaged in public
works projects. The CCC is not subject to the federal prevailing wage
requirements set forth in the Davis-Bacon Act (Title 40 DSC 276A et seq.)
when employed on federal government contracts. Title 29 of the Code of
Federal Regulations (CFR), Section 5.2(h) specifically states that a State is
not considered a contractor under statutes providing loans, grants, or other
federal assistance in situations where construction is performed by its own
employees;
4. The California Business and Professions Code, Section 7040 exempts the
State of California from contractor licensing requirements. The CCC is a
state entity subject to the exemption;
5. Neither the CCC nor the Sponsor may assign this contract or any interest
therein without the written consent of the other party;
6. That all improvements constructed in whole, or in part by the CCC on lands
owned or controlled by the Sponsor shall remain the property of the Sponsor;
7. That the CCC is required to provide emergency services if directed by the
Governor of the State of California pursuant to an Executive Order, the Office
of Emergency Services, Department of Forestry and other agencies charged
with responding to emergencies throughout California arising from fire, flood,
wind, and other natural and man-caused disasters. That the CCC may be
required to temporarily suspend or permanently cease work on the project
due to required emergency response or emergency conditions. The parties
agree that any delay in completing the work by the CCC due to response to
an emergency shall be excused and costs incurred by the delay shall be the
responsibility of the Sponsor;
8. That all contracts relating to the construction or operation of the project,
including those executed following completion of the project, shall contain a
clause prohibiting discrimination and/or harassment against any employee or
employee applicant engaged in the project work on the basis of race, religion,
sex, color, ancestry, age, physical disability or national origin;
9. Subject to the provisions herein, all remedies allowed by law are available to
either party for enforcement of this Agreement. Any waiver of rights by either
party or any matter relating to this Agreement shall not be deemed to be a
waiver unless in writing and approved by both parties and shall not be a
waiver to any other provision or matter relating to this contract;
10. If any part of this contract is found to be invalid the remainder of the contract
shall continue in full force and effect;
11. This Agreement may be modified by mutual written agreement of the parties;
12. This Agreement shall remain in effect unless terminated upon thirty (30) days
written notice from either party; and
13. Each Party and its respective agents executing this Agreement warrants and
represents that it has the full power and authority to execute deliver and
perform the obligations under this Agreement and that each Party's
performance hereunder has been duly authorized by all requisite actions on
the part of that Party.
Page 3 of 4
STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CCC-96 (Rev. 02/10)
SPONSOR INFORMATION
Agreement #:Agency Code:Index #:
Sponsor Name:(5P Sponsor Department:
Address:A\/e,
City:County:State:3: "73N
Contact Person:Phone:
SIGNATURE BLOCK
IN WITNESS WHEREOF, the parties have agreed to the co nditions of this Agreement as of the
date shown below.
Sponsor Representative
Print Name Signature Date
Page 4 of 4