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HomeMy WebLinkAboutA4081 - CIWMB WASTE RUBBERIZED ASPHALT CONCRETE TECH CTR _ Calif Integrated Waste Manage- Y4YkT ment Board (CIWMB) fs x ( Incentive Funding Agr.f.9."7' AGREEMENT #4081 UTYOFFC:U. '.t>.-o;iirJ•5 M06356, 3-17-99 Buxz74s INCENTIVE: FUNDING AGREEMENT _ PAW SMNG9,CA 9= WHEREAS, the County of Los Angeles ("County") has received funding from the California Integrated Waste Management Board ("CIWMB") to continue the operation of the Rubberized Asphalt Concrete Technology Center ("Technology Center") for the purpose of promoting the use of crumb rubber from scrap tires in roadway paving work; WHEREAS, County's contract with CIWMB provides for the Technology Center to administer two incentive programs designed to promote the use of rubberized asphalt in California; WHEREAS, pursuant to these incentive programs, County intends to disburse incentive payments to cities and counties throughout the State to be used to offset the costs of pavement deflection testing and quality assurance and control inspections; WHEREAS, the City of Palm Springs ("City") has applied for and has been accepted to receive such incentive funding; NOW, THEREFORE, County and City agree as follows: 1. The term of this Agreement shall commence upon execution by both parties and shall continue until May 15, 2000. 2. County shall distribute to City the amount approved by the County in incentive funds to assist City in funding the project set forth in City's application, attached hereto as Exhibit A, and County's acceptance letter, attached hereto as Exhibit B, (hereinafter "Project"). Such funds shall be paid to City within sixty days of County's receipt of City's written certification that the work called for under Exhibit B has been completed. 3. City agrees that it shall use the incentive funds received from County solely toward the Project. City agrees that the Project shall be completed within the term of this Agreement unless specifically agreed otherwise in writing by the parties. 4. City shall indemnify, defend and hold harmless County and County Special Districts, and their elected and appointed officers, employees, and agents from and against any and all liability and expense, including reasonable defense costs and legal fees, and claims for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury or property damage, including property of City, or workers' compensation claims arising from or connected with City's performance under this Agreement or any acts or omissions of City, its employees, agents, or contractors in completing the Project which is funded by this Agreement. 1 5. Without limiting City's indemnification of County and during the term of this Agreement, City shall maintain commercial insurance or a program of self insurance acceptable to the County as follows: A. General liability, commercial or a self-insurance program, with a limit of one million dollars ($1,000,000) per occurrence. If such insurance is written on a claims-made form, it shall continue for three (3) years following termination of this Agreement. If written " with an annual aggregate limit , the policy limit shall be three times the above required occurrence limit. This insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement. Any commercial policy shall name the County as an additional insured. B. Comprehensive auto liability, commercial or a self-insurance program, endorsed for all owned, non-owned, and hired vehicles with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. C. Workers' compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California including Employer's Liability with a $1,000,000 limit, covering all persons City is legally required to cover. Failure by City to procure and maintain the required insurance shall constitute a material breach of contract upon which County may immediately terminate or suspend this Agreement. 6. City agrees to comply with all terms and conditions of the Standard Agreement entered into between the County and the CIWMB, attached hereto as Exhibit C. 7. County's contact person for purposes of this Agreement shall be Mr. Lynn D. Nicholson. All notices and other written correspondence by City to County shall be mailed by first class mail to Mr. Lynn D. Nicholson at the following address: County of Los Angeles Rubberized Asphalt Concrete Technology Center P.O. Box 1460 Alhambra, Ca 91802-1460 8. City's contact person for purposes of this Agreement shall be D.J.Baraki a.n,AII notices and other written correspondence by County to City shall be mailed by first class mail to David J. Barakian at the following address: � A� 2 Ir IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by its Department of Public Works and the City of Palm Springs has caused this Agreement to be subscribed on its behalf by its duly authorized officer, this _. I-1*—day of '\M( -J , 1 g9g. COUNTY OF LOS ANGELES CITY/ F PALM SPRI S DEPARTMENT OF PUBLIC WORKS (\ BY � BY Title Title City Manager Date 1/-12 - Date 1) By APPROVED AS TO FORM: Title C City Clerk BY THE OFFICE OF COUNTY COUNSEL APPROVED , A�S�JTO FORM: ',,-C3ty Attorney 4 ;f •• �XHIBIT A APPLICATION FOR QUALITY ASSURANCE/QUALITY CONTROL REIMBURSEMENT//FOR RUEMI-MIZEDD+ ASPHALT CONCRETE (RAC) PROJECTS AGENCY NAME: bl ADDRESS: --?,Zoo STREET /�� 70� irvs CA 92zti3 - Z7�3 CITY ' STATE ZIP CODE CONTACT PERSON: /�/� �� - 17 s Ard rtcr + NAME TITLE TELEPHONE: 6j6o)3Z3 FAX:�76a) -3ZZ- ,932-5- ll NUMBER OF RAC PROJECTS CONSTRUCTED IN THE LAST FIVE YEARS: PROJECT INF�ORMATTION NAME: l7cdr�y�mr� 4/i/P��Orlilcn//vi/�//� Gdamo �ic C1 9B-O/ LIMITS: TYPE : �r�eird� (ARTERIAL, COLLECTOR, RURAL, RESIDENTIAL) PAVEMENT LENGTH: s33c)� PAVEMENT WIDTH: 6Q� ESTIMATED DATE OF CONSTRICTION: 7 -`I ESTIMATED TONS OF RAC: Gap z�OJ WORK TO BE DONE BY: AGENCY PERSONNEL ENGINEERING CONSULTANT SEND APPLICATION TO: MR. LYNN D . NICHOLSON, PROGRAM DIRECTOR RUBBERIZED ASPHALT CONCRETE TECHNOLOGY CENTER P. O. BOX 1460, ALHAMBRA, CA 91802-1460 FAX NO. : (213) 221-6501 EXHIBOC 71492 1492 'TATE OF CALIFORNIA ' STANDARD AGREEMENT -- APPROVEDBYTHE ATTORNEY GENERAL .TO:(REV S-91) coNiRAcr rvuuoEp AU No. IWM-C7086 TA PAYEFS FEOEML UMPLOYFR IOENTIFIGTION NUMp ER THIS AGREEMENT,made and entered into"this 14'day of May, 1998, 95-6000927 n the State of California,by and between State of California, through its duly elected or appointed, qualified and acting 'ITLE OF OFFICER ACTING FOR STATE AGENCY xecutive Director California Integrated Waste Management Board , hereafter called the State, and DONTRACTORS NAME ;ounty of Los Angeles , hereafter called the Contractor. NITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State -tereinafter expressed, does hereby agree to furnish to the State all services, materials, labor and equipment necessary to perform the work specified in the attached Scope of Work(Attachment A). Performance of this Agreement shall be provided in accordance with the Scope of JJork and the General Terns and Conditions contained in this Agreement attached hereto and hereby incorporated as part of this 4greement. =or these services, the State agrees to compensate the Contractor at the rates established in the Budget(Attachment A). The maximum amount payable under this Agreement shall not exceed$500,000.00. Payment will be made monthly in arrears of service upon receipt of nvolces in triplicate from the Contractor, as specified in the conditions of the Budget(Attachment A). "he State will withhold payment equal to ten (10) percent of each invoice until all_work and other requirements are completed in accordance vlth this Agreement to the satisfaction of the State. OF LOS the term of this Agreement shall be far the period of June 1, 1998, or the date d approval by the Department of General F whichever is later,through May 15, 2000. ♦ aer date Gauff is designated as the Board's Contract Manager. His telephone number is: (916) 255-4587 � . -ynn Nicholson is the designated Project Director on behalf of the Contractor. Her telephone number is: (888)777-477 �■ ■ I ;,••`; C�LYFORtstt' ATTEST NNE STURGE: -ONTINUED ON 3 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. EXECUTI`:'E OFFICER- Fhe provisions on the reverse side hereof Constitute a part of this Agreement. CLERK OF THE BOA N WITNESS WHEREOF, this agreement has been executed by the parties hereto noon the date first above wntt n STATE OF CALIFORNIA CO AGENCY CONTRACTOR(H alder tivn en,MlvpYual. ewheNeramrporalicn,Partnership etO :alifomia Integra! Waste M nagement Board County of Los Angele 1Y(AUTHORIZED ATU E) BY(AUTHORIZED SIGNATURE) 'RINT A O PERSON SIGNING PRINTED NAME Me TITLE 0 ftSON SIGNING 2alph E. andler Yvonne Brathwai urke, Chairman—Board of Supervisors ITLE ADDRESS xecutive Director 500 West Temple Street, Los Angeles, CA 90012 '•MOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TIME Department of General Services DOCUMENT IWM Clearing Acc Use On[ 3500,000.00 (OPTIONAL USE) POL Y nnnc=r IRIOR AMOUNT ENCUMBERED FOR DE a Cf General Services• "HIS CONTRACT ITEM CHAPTER STATUTE FISCAL Y P P R O V E D ;-00- 3910-001-387 282 1997 1997-96 "OTAL AMOUNT ENCUMBERED TO OB.IECT OF EXPENDITURE(CODE AND TnLE) JUL - 2 )ATE 2200125000/418 C 8 P External 1998 ;500,000.00 HEREBY CERTIFY Upon my own personal knowledge that budgeted funds are T B A.N0. B.R NO. ivailable for the,period and purpose of the expenditure stated above. BY " IGNATURE OF NTINGO ICEfl DATE 5/14/1998 Aaa'f.Chief Cou"14 County of Los Angeles • IWM-CT066 Page 3 of 8 AVAILABILITY OF FONDS: The State's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this Agreement. BANKRUPTCY: In the event proceedings in bankruptcy are commenced against the Contractor, Contractor is adjudged bankrupt, or a receiver is appointed and qualifies, then the Board may terminate this Agreement and all further rights and obligations by giving five(5) days notice in writing. COMMUNICATION: All official communication from Contractor to the State will be directed to the Contract Manager or the Executive Director, California Integrated Waste Management Board, 8800 Cal Center Drive, Sacramento, CA 95826. All formal notices required by this Agreement must be given in writing and sent by prepaid certified mail, fax, personal delivery or telex. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for aft of Contractor's expenses incurred in the performance hereof,including travel, per diem, and taxes, unless otherwise expressly so provided. CONFIDENTIALITY/PUBLIC RECORDS: Contractor and the Board understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act,commencing with Government Code, Section 6250, or the Public Contract Code. The Board agrees not to disclose such information or data furnished by Contractor and to maintain such information or data as confidential when so designated by Contactor in writing at the time it is furnished to the Board, only to the extent that such information or data is exempt from disclosure under the California Public Records Act and the Public Contract Code. CONFLICT OF INTEREST: In regard to current or former state employees, Contractor agrees: A. Current State Employees (PCC 10410): 1. No officer or employee shall engage in any employment,activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency,unless the employment, activity or enterprise is required as a condition of regular state employment. 2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. B. Former State Employees(PCC IG411): 1. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) CONSULTING SERVICES: If this Agreement is for consulting services, Contractor is hereby advised of its duties, obligations and rights under Public Contract Code 10355 though 10382. CONTRACT MANAGEMENT: Contractor and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. Contractor may change the designated Project Director, but the Board reserves the right to approve any substitution of the Project Director. Contractors key personnel may not be substituted without the Board's Contract Managers prior written approval. The Board may change the Contract Manager by notice given Contractor at any time. Board staff will be permitted to work side by side with Contractors staff to the extent and under conditions that may be directed by the Contract Manager. In this connection, Board employees will be given access to all data, working papers, etc.,which Contractor may seek to utilize. Contractor will not be permitted to utilize Board employees for the performance of services which are the responsibility of Contractor unless such utilization is County of Los Angeles LWM-C7086 page 5"of 8 ENTIRE AGREEMENT: This Agreement supersedes all prior agreements,oral or written, made with respect to the subject hereof and, together with the Attachments and/or Exhibits hereto,contains the entire Agreement of the parties. FORCE MAJEURE: Neither the State nor the Contractor,including the Contractor's subcontractor(s), if any,will be responsible hereunder for any delay,default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of God,weather, accident,labor strike, fire, explosion, riot,war, rebellion,sabotage,or Flood,or any other cause beyond the reasonable control of such party. GRATUITIES: The Board may,by written notice to Contractor,terminate the right of Contractor to proceed under (his Agreement if it is found, after notice and hearing by the Board or by Executive Director or his duly authorized representative,that gratuities were offered or given by the Contractor,or any agent or representative of the Contractor,to any employee of the Board,with a view toward securing a contract or securing favorable treatment with respect to awarding or amending or making a determination with respect to performance of this Agreement. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of Califomia. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State,its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers,laborers, and any other person,firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. Contractor warrants, represents and agrees that it and its subcontractors,employees and representatives shall at all times comply with all applicable State contracting laws, codes, rules and regulations in the performance of this Agreement. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. LABOR CODE/WORKER'S COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (FCC 10296) (Not applicable to public entities.) NONDISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass or alloy harassment,against any employee or applicant for employment because of sex, race, color, ancestry,religious creed,national origin,physical disability(including HIV and AIDS), mental disability, medical condition (cancer), age (over 40),marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder(Califomia Code of Regulations, Title 2, Section 7285.0 et seq,). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990(a-0, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. County of Los Angeles _, LWM-C7086 Page,?of 8 RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agfeement. SEVERABILITY: If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent,however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. STATEMENT OF COMPLIANCE: Contractor certifies, under penalty of perjury, that he/she has, unless exempted, complied with the nondiscrimination program requirements. (Government Code 12990(a-0, and California Code of Regulations,Title 2, Section 8103) (Not applicable to public entities.) STOP WORK NOTICE: Immediately, upon receiving a written notice to stop work, Contractor shall cease all work under this Agreement. SUBCONTRACTORS: All subcontractors previously identified in the bid/proposal submitted are considered to be acceptable to the State. Any change or addition of subcontractors will be subject to the prior written approval of the Contract Manager or Executive Director. Upon termination of any subcontract, Contractor shall notify the Contract Manager or the Executive Director immediately. All provisions of this Agreement shall apply to subcontractors. If the Board or Contractor determines that the level of expertise or the services required are beyond that provided by Contractor or its routine subcontractors,Contractor will be required to employ additional subcontractors. The Board may substitute or add subcontractors of its own choosing by amendmenL Contractor shall be responsible for the performance of all subcontractors undertaking work issued as a result of this Agreement. Contractor shall also be responsible for controlling costs and maintaining accurate records of invoices received from subcontractors. Subcontractors will be subject to any audits related to work performed as a part of, or in relation to,this Agreement. Contractor will be required to properly reimburse all subcontractors within 20 working days of receipt of payment from the Board for services performed. SUCCESSORS: The provisions of this Agreement will be binding upon and inure to the benefit of the State and the Contractor and their respective successors. TERMINATION: The State shall have the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days written notice given to Contractor. In the case of early termination, a final payment will be made to Contractor upon receipt of a financial report, invoices for costs incurred to date of termination and a written report describing all work performed by Contractor to date of termination. TIMELINESS: Time is of the essence in his Agreement. VENDOR DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other government entity.