HomeMy WebLinkAboutCCC - Miller Slough CleanoutSTATE OF CALIFORNIA
AGREEMENT ADDENDUM
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CALIFORNIA CONSERVATION CORPS
Agreement , index# CCC Work Code
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.41 The California Conservation Corps (CCC), agrees to provide crew labor for the project titled:
City of Gilroy Miller Slough Cleanout
Sn CCC-% Pmpa 5*90 n Faun to ftU t
3) The term of this agreement shall be:
Agreement Start Dale. June 1, 2016 =Check here if multi -year
Agreement Expiration Date: June 30, 2016
C) Sponsor agrees to reimburse the CCC for
estimated costs in accordance with the Fiscal
Summary. (Racal Year dtWays are shown on page 2
& 3)
NOTE TO SPONSOR: Budget detail will not be
provided on performance based contracts
LABOR
Hours
Rate/Hr
Totals
CM BUular 11me:
480.00
S 20.00
S 9.600.00
CM Overtime:
0.00
$ -
S -
Performance -Based Labor.
S -
Staff BILLABLE Regular Time:
S -
Staff Overtime:
S -
EXPENSES
Equipment (greater than S5,000):
S -
Tools includes equipment less than $5,000:
$ -
Materials:
$ -
Vehicle Operations:
S -
Consulting:
S _
Other.
$ -
The total amount payable b Sponsor to CCC under this agreement shalt not exceed:
$ 9,!300.00
El i he CCC shall forward bUlu►g for labor and/or operating expenses with supporting documentation In triplicate to sponsor
Monthly Quarterly At end of contract
IZ-oonsor agrees to pay CCC within 50 days from receipt of W. Negotiated Advanced Payments: _S
Sp2nscr
Organization:
City of Gilroy
Date:
5/20/2016
Signature:
Gabriel A. Gonzalez
Print:
Tide:
City Administrator
SPONSOR
EMAIL ADDRESS
Bi11.Headley @ci.gilroy.ca.us
SPONSOR MAILING ADDRESS
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
SPONSOR BILLING ADDRESS:
Same as above
I
I
STATE OF CALIFORKA
California Conservation Corps
Date.
1
:SI nature;
(jLqU&-,,
Print:
Dawne Sortolazzo
Titled
Administrative Chief
CCC DISTRICT VERIFICATION
Date:
5/18/16
S nature:
Print:
anet Woh t&
Title:
Anservation Supeirviva
FORWARD PAYMENTS TO:
Califomia Conservation Corps
Attention: Accounting/Receivables
1719 24th Street, Sacramento
Sacramento, CA 95816
STATE OF CALIFORNIA
AGREEMENT ADDENDUM
C- :- 11"IREV MMP -2d3
CALIFORNIA CONSERVATION CORPS
First
=iscal Year FROM. 06/01/16
Display
TO. 06/30/16
LABOR
Hours
Rate/Hr
Totals
CM ReguWrme
48000
$ 20.00
S 9.600.00
CM Overtime
0 00
S -
S .
Performance -Based Labor:
$ -
Staff BILLABLE Regular Time:
S -
Staff Overtime:
S -
EXPENSES
Equ0ment (greater than 55.000:
S -
Tools (includes equipmeM less than S5.000):
$ -
Maleriats:
I $ -
Vehicle Operations:
S
Consulting:
S -
Other.
$ -
First Fiscal Year TOTAL--
S 91600.00
Second
Fiscal Year FROM:
Display
TO.
LABOR
Hours
Rate/Hr
Totals
CM Regular Time
0.00
S 20.00
1
S
CM Overtime
000
S -
$ -
Performance -Based Labor:
S -
Staff BILLABLE Regular Time:
S -
Staff Overtime:
$ -
EXPENSES
EgLipment (greater than $5.000):
S -
Tools includes eqLdpfnent less than 55.000.
$ -
Materials:
$ -
Vehicle tions:
$
ConsU :
$ -
Other.
S -
Second Fiscal Year TOTAL:
$ -
-I hird
Fiscal Year FROM
Display
TO
LABOR
Hours
Rateft
Totals
CM Regular Time
000 is
2000 .
S -
CM Overtime
0.00 1
S -
$
Performance -Based Labor
S -
Staff BILLABLE Regular Time
S -
Staff Overtime :
S -
EXPENSES
Equipment realer than $5.000
S
Tools includes eqtdpment less than 55.000
S
Materials
$
Vehicle Operations
S
Consulting
$
Other.
S -
Third Fiscal Year TOTAL•
S -
Fourth
i=;scar Year FROM
,.,isplay
TO
LABOR
Hours Rate/Hr
Totals
CM RegtAarnme
0.00 $ 2000
1
S
CM Overtime
0.00 S -
S
Performance -Based Labor
S -
Staff BILLABLE R22ular Time
S -
Staff Overtime
S -
EXPENSES
Equipment (greater than 55,000
S -
Tools includes u- meat less than 55.000
S
Materials
S
Vehicle O
CS
"TOTTAL-
-
$
Forth Fiscal Yea
S -
_ ._,e total amoun t payable b Sponsor to CCC under this agreement shall not exceed: $ 9,600.(}0
.- T:=ORNIA CONSERVATION CORPS PROJECT EVALUATION CCC -sc
PPOJECT DATA Center Code: 607 MONTEREY HAY OPERATIONS
Location Code:
r. Sect /Work Code- R -16 -6349 ARRA: N
n_ract :'6 -�rQU} -srpq �- Resource Category: COW
Pr Sect Title: CITY OF GILROY MILLER SLOUGH CLEANOUT
�- 3ect Description.
rpsmembers will be working with City of Gilroy staff to clean and clear the
faller Slough. This project will start at IOOF Miller Slough underpass near
rionterey Street. Crews will be resetting drainage channel rip rap rock that
as been rearranged by homeless. Crews may need to hand dig to reset rock and
me concrete mortar work cc secure rocks into place
=1 SPONSOR INFORMATION
Code:
Sponsoring Agency:
Address:
!'.r.ency
40000
CITY OF GILROY
7351 ROSANNA
ST
ytv: GILROY
State: CA
ZIP: 95020 -
Sponsor Representative:
Title:
Phone:
DILL AVILA
STREETS SUPERVISOR
(408) 846 -0444
ical Supervisor:
Title:
Phone:
S.!LT- AVILA
STREETS
(4 08) 846 -0444
E,-;_=RGENCY RESPONSE INFORMATION
__
Incidenc # - Request # - OES # - HQ Ref. #
C7 Index # Corpsmember Overtime Pay Serial #
Email :lbill.avilaaci.gilroy.ca.us
"INtATE INFORMATION [E) WORKSITE INFORMATION
ours 460
Directions to Worksite Location:
Hwy 101 to Leavesly Exit_ Go west and follow to
Miller St. Project site is at the corner or Miller
and Las Animas
ZIP: 9502x3- ICounty Code: 431County: SANTA CLARA
HO USE ONLY JANET WOHLGEMU 05/18/2016, 2:20pm
58 Project /Work Code: R -16 -6349 CITY OF GILROY MILLER SLOUGH CLEAN Page: 2
EDUCATIONAL ACTIVITIES
p nsor: Educational presentation to increase Corpsmember understanding of
the natural environment. Length of time scheduled: 1.00 Hrs.
rosm=mbers will be learning about the slough and the reason for the
anout. They will learn about the different species that call the slough
i l� me
CCC: The CCC will be doing the following work /learn activities.
Length of time scheduled: 1.00 Hrs.
rpsmembers will be doing project logs and written assignments as well as
ISDecies identification at the site
[H] EQUIPMENT, MATERIALS, AND LABOR
IT be supplied by Sponsor:
'Technical support
dunpLers
Trucks
Special. SPIKE equipment needed by crew:
To be supplied by CCC:
CCC supervision
CCC crewmembers
Workers comp
PPS's
Hand tools
Chainsaws
Fuel
S_IKE Information (description and location of housing):
_1�: Ot,erations Database Systam Ver: 2.9.6 (04/20/2016)
78 Project /work Code: R -16 -6349 CITY OF GILROY MILLEi? SLOUGH CLEAN Page: 3
NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES
:assign a numerical rating: 0 =none, 1 =low, 2= medium, 3 =high)
nserving improving, developing natural resources, maintaining
-ronmentally important lands or waters. RATING: 3
e members wall be improving the water flow and drainage of the slough. They
12 be removing debris that prevents the channel from flowing and movi
vidzng public benefit or access (Estimated visitor use, increased safety,
-duced maintenance costs, etc. RATING: 3
c -ean out will reduce the maintenance cost in the future by having less
-terra in the channelways and potential flooding cleanup
1 viding Corpsmembers with opportunities for training in employable skills I
I .g. specific tools and use, fire control, carpentry) RATING: 2
era members will be using chippers, chainsaws, and hoist to remove large
terial
1 7vn.TPrT rS-VrVT.TgT f_ gTrNAT1MF. RTn KS
?d Operations Database System Ver: 2.9.66 (04/20/2016)
SIGNT14G THIS DOCUMENT VERIFIES THAT:
• A Sponsor Agreement (CCC 96) is on file at Headquarters.
• :f a reimbursable project, a CCC -96A or STD -13 agreement has been
submitted to Headouarters.
■ 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 HQ.
• -he project conforms to CCC's Injury and Illness Prevention Program (21PP)
_03ect Coordinator: Print Sig r
Wt:
JANET WOHLGEMUTH
e:1ter Director. S
A
H
PAWN! PHI WIN M=x
HE SPONSOR REPRESENTATIVE AGREES TO THE FOLLOWING:
• 'f 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
■ .:o the best knowledge of the sponsor, the worksite is free of any
known hazardous materials.
D
. That all applicable local, state, and federal permits, approvals, and
clearances have been obtained.
onsor Representative: Print] Sign Z
ze:
Gabriel A. Gonzalez City Adminiltrator
?d Operations Database System Ver: 2.9.66 (04/20/2016)
_ = Project /Work Code: R -16 -6349 CITY OF GILROY MILLER SLOUGH Continuation
..IVE MANDATE - Natural Resources: (cont.)
:-A removing debris that prevents the channel from flowing and moving
—roughout the slough system
,.tner-ations Database System Ver: 2.9.6 (04/20/2016)
1 a 7 F OF CALIi-ORNI.A THE NATURAL RESOURCES AGENCY EDMUND G BROWN JR . Govemor
CALIFORNIA CONSERVATION CORPS
1719 24'^ S:reet Sacramento CA 95816
v 1titiv. CCC. C�. GO V
CCC -96 (REV. 12/2015)
SPONSOR AGREEMENT (CCC -96)
(for Governmental Entity — Local)
This Sponsor Agreement (Agreement) is entered into by the California Conservation
Corps (CCC), State of California and
Sponsor's Name: City of Gilroy
California Local Public Entity (Sponsor).
a State of
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 in rural and urban areas that,
provide a benefit to the public by, among other things, preserving, maintaining and /or
enhancing the lands and water of the State of California, directly contributing to the
conservation of energy and /or assisting in fire prevention and suppression;
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 California Public Resources Code Sections 14000 and 14300;
WHEREAS, the Sponsor can provide opportunities for public service through
meaningful and productive work projects;
WHEREAS, each party to this Agreement is duly authorized to enter into this
Agreement; 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
corpsmembers and employees to accomplish projects specified by Sponsor and agreed
to by the CCC;
NOW THEREFORE, in consideration and recognition of the above, the Sponsor and
CCC (collectively referred to herein as "the parties ") agree as follows:
A. Documentation of Projects
1. Sponsor shall submit project proposals to the CCC.
2. The CCC shall work with Sponsor to include details of project proposals in CCC
Form 58 and/or other appropriate forms and documentation where applicable
( "the project paperwork ").
3. No project work will begin without a CCC Form 58 being signed by the parties'
representatives.
4. The project paperwork for any project necessarily incorporates into it this
Agreement.
B. Parties Obligations:
1. Sponsor agrees:
a. To 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 and that are set forth in the project paperwork;
b. To 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 the project
paperwork;
c. To provide adequate technical supervision as determined and agreed to by
the parties;
d. To obtain approvals and permits required by any local, state or federal entity
necessary to commence working on and /or completing the work identified in
the project paperwork;
e. To the extent any project involves the CCC performing work on private
property, it will obtain and /or has obtained all necessary approvals,
authorizations and /or permits from the owners of said private property before
the CCC begins project work on said property and that the CCC is
authorized to perform the project work on said private property;
f. To the extent any project involves trade unions or labor organizations, to
obtain clearances and /or meet requirements, if any, of trade unions or other
labor organizations occasioned by the participation of the CCC in the project;
g. To the provide project sites that, to the best of the Sponsor's knowledge, are
free of any known hazardous materials, but if there are any known
hazardous materials present, the Sponsor will provide the location, identity,
and amounts of such hazardous materials as well as the Safety Data Sheets
associated therewith;
h. To provide or reimburse the CCC for acceptable temporary living
accommodations for CCC personnel actually engaged in working on a
project if: (1) the project is located at a site that is more than a one hour drive
from the designated CCC base center; and, (2) provision of such living
accommodation is determined necessary by the parties;
i. To conduct an orientation with CCC personnel at the commencement of
each project to explain the technical aspects, safety requirements and other
relevant information necessary for the CCC to successfully complete the
project;
j. To work with the CCC to conduct an additional educational or training
presentation at the CCC base center or project site to CCC corpsmembers;
and,
k. To explore the possibility of authorizing 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. Any such sign, plaque or emblem shall be consistent in
size and design to its surroundings at the project site.
04
2. CCC agrees to:
a. Review project proposals submitted by the Sponsor and work with Sponsor
to prepare project paperwork for those proposed projects that are covered by
the CCC's statutory mandate, consistent with the CCC's organizational
priorities and within the CCC's operational capabilities.
b. Provide CCC personnel, equipment and materials to perform the obligations
specified in the project paperwork. 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,
c. Provide its personnel with Workers' Compensation coverage and benefits
that are administered by the State Compensation Insurance Fund in
accordance with the California Labor Code.
3. The Sponsor and CCC mutually agree to the following:
a. 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;
b. Mutual Indemnification:
i. To the extent permitted by law including Article XVI, sections 1
and 6 of the California Constitution, and the California 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 and /or the project paperwork caused by the acts
and/or omissions of any person directly employed by, enrolled in
or under the control or supervision of the CCC while performing
the work set forth in this Agreement and /or the project paperwork.
ii. 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 and /or the project paperwork caused by the acts
and /or omissions of any person directly employed by or under the
control or supervision of the Sponsor while performing the work
set forth in this Agreement and/or the project paperwork;
c. Insurance:
i. The State of California has elected to cover its motor vehicle and
general liability exposure through claims procedures instituted in
accordance with the California Government Code provisions and
the other provisions of the law relating to such liability. Pursuant
to those procedures, tort liability claims should be submitted to the
California Victims Compensation and Government Claims Board
(Government Claims Division, P.O. Box 3034, Sacramento, CA
95812 -3435) in accordance with the California Government Code
provision and the other provisions of the law governing
submission of such claims. In addition, unless notified otherwise
or on behalf of the CCC, motor vehicle liability claims may be
forward to the California Department of Generals Services, Office
of Risk and Insurance Management (hereinafter "ORIM "), Claims
3
Unit, 1325 J Street, Suite 1800, Sacramento, California 95814. It
should be noted, however, that the willingness of ORIM to receive
such motor vehicle liability claims does not constitute a waiver by
the State of California or the CCC of the time limits or procedures
provided by law or the filing of claims relating to such motor
vehicle liability. It also should be noted that the addresses set
forth in this paragraph are subject to change; any claimant is
advised to verify the accuracy of and currency of the addresses
for filing claims, and by setting forth addresses in this paragraph,
neither the State of California nor the CCC is waiving any time
limits or procedures provided by law for filing claims related to
alleged motor vehicle or general liability or any other alleged
liability.
ii. The California Department of Personnel Administration has
entered into a Master Agreement with the State Compensation
Insurance Fund to administer Workers' Compensation benefits for
State employees and corpsmembers as required by the California
Labor Code.
d. 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 USC 276A et seq.)
when providing labor on federal government contracts. Title 29 of the Code
of Federal Regulations (CFR), Section 5.2(h) specifically provides 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 and /or personnel;
e. 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;
f. Improvements and Land Use:
i. 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;
ii. Permission to camp and /or perform work on lands owned or controlled
by Sponsor does not in any way convey to the CCC, its staff or any
person or persons working with the CCC in the performance of said
work, employee status that would extend to them the benefits afforded to
permanent employees of Sponsor;
g. Emergency Services and Possible Delays:
i. 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.
ii. The CCC may be required to temporarily suspend or permanently cease
work on projects due to required emergency response or emergency
El
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;
iii. The resources of the CCC are limited and the public service
conservation work of the CCC may be altered in priority from time -to-
time. The parties agree that other than delays caused by the CCC's
response to an emergency, all other delays by either party shall be
excused and costs caused by delays shall be borne by the party
incurring such costs.
h. All contracts relating to the construction or operation of a project shall
contain a clause prohibiting discrimination and /or harassment against any
person, employee or employee applicant engaged in the project work on the
basis of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g.,
cancer), age (over 40), marital status, and denial of family care leave;
i. Budget Contingencies:
i. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall be of no further
force and effect. In this event, the State of California and the CCC shall
have no liability to pay any funds whatsoever to Sponsor or to furnish
any other considerations under this Agreement or related project
paperwork and Sponsor shall not be obligated to perform any provisions
of this Agreement or related project paperwork.
ii. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this program, the State of California and the CCC shall have
the option to either cancel this Agreement with no liability occurring to
the State of California or CCC, or offer to an Agreement amendment to
Sponsor reflecting the reduced amount.
j. 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 Agreement;
k. If any part of this Agreement is found to be invalid the remainder of the
Agreement shall continue in full force and effect;
I. Neither the CCC nor the Sponsor may assign this Agreement or any interest
therein without the written consent of the other party;
m. No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties;
n. This Agreement is governed by and shall be interpreted in accordance with
the laws of the State of California;
o. This Agreement shall remain in effect unless terminated upon thirty (30) days
written notice from either party; and
p. 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.
Soonsor Information:
Sponsor Name:
Sponsor Department:
City of Gilroy
Public Works Dept. /Parks Division
Address:
7351 Rosanna Street, Gilroy,
California 95020
Contact Person:
Phone:
Bill Headley
(408) 846 -0283
Email Address:
Bill.Headley @ci.gilroy.ca.us
SIGNATURES
In Witness Whereof, the parties have agreed to the condition of this Agreement as of
the date shown below.
Sponsor Representative Signature:
Print Name: Dat :
Gabriel A. Gonzalez, City Administrator
CCC Center Director /Region Deputy Signature:
Print Name:
Date:
r � a -- o t
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