HomeMy WebLinkAbout2007/06/19 Item 5
CITY COUNCIL
AGENDA STATEMENT
,;S'Yf:. CITY OF
- - (HULA VISTA
SUBMITTED BY:
6/19/07, Ite~
RESOLUTION APPROVING AN AGREEMENT WITH
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD FOR FUNDING OF THE RUBBERIZED EMULSION
AGGREGATE SLURRY (REAS) STUDY AND AUTHORIZING
THE DIRECTOR OF GENERAL SERVICES TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA
DIRECTOR OF GENERAL SERVICES G V
CITY MANAGER 'f!-Jf-
4~ THS VOTE: YES D NO IZ:J
ITEM TITLE:
REVIEWED BY:
BACKGROUND
The City annually conducts a pavement rehabilitation strategy, known as Rubberized Emulsion
Aggregate Slurry (REAS), on various streets throughout the City. The California Integrated
Waste Management Board (CIWMB) has contacted the City to conduct an investigation to
determine the viability of using rubberized slurry seals versus conventional slurry seals as a
preventative maintenance strategy.
Approval of tonight's resolution will approve an agreement with CIWMB for funding of the
REAS study and authorize the Director of General Services to execute the agreement on behalf
of the City of Chula Vista. The City of Chula Vista would receive $30,000 compensation from
CIWMB upon satisfactory completion of the agreement.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity qualifies
for a Class 3 categorical exemption pursuant to Section 15306(Information Collection) of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
,
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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6/19/07, Item~
Page 2 of 2
DISCUSSION
The City annually conducts a pavement rehabilitation strategy, known as Rubberized Emulsion
Aggregate Slurry (REAS), on various streets throughout the City of Chula Vista. The California
Integrated Waste Management Board (ClWMB) has contacted the City to conduct an
investigation to det=ine the viability of using rubberized slurry seals versus conventional
slurry seals as a preventative maintenance strategy. The City would enter into an agreement with
C1WMB and receive $30,000 from CIWMB upon satisfactory completion of the agreement.
The C1WMB has made significant progress promoting Rubberized Asphalt Concrete (RAC) and
as a result the use of RAC continues to increase statewide. However, there are several
applications that also have the potential to use waste tires, which the Board has not supported,
due to a lack of adequate information supporting the benefits of their use. Some of these
applications include: t=inal blends asphalt rubber, rubber chip seals, and rubberized slurry
seals.
The Board has already initiated an investigation to determine the viability of using rubberized
slurry seals versus conventional slurry seals and polymer modified slurry seals as a preventative
pavement maintenance strategy. This study is being conducted in three phases by MACTEC
Engineering and Consulting (C1WMB RAC Technical Advisory consultant).
The first phase (already completed) was a survey to identify users of rubberized slurry seal and
obtain information regarding its application, use and noted benefits. Using information obtained
from the first phase, phase two (currently underway) is to compare the performance of both
rubberized and conventional slurry seal materials through laboratory testing.
Under this program element, staff proposed that the Board implement the third phase of the
study, which is a field investigation comparing the relative performance of rubberized and
conventional slurry seal applications. This study will include analysis of new and existing
rubberized and conventional slurry seal projects. If the results of the study show that there are
benefits to using rubberized slurry seal, then the Board can include this application in future
outreach efforts to create additional sustainable markets for waste tires. Approval of this
resolution by Council would allow the City to receive $30,000 compensation from ClWMB upon
satisfactory completion of the agreement.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
There is no impact to the General Fund. The $30,000 will reimburse the funding source utilized
for the pavement project in question (in all likelihood the TransNet fund) and will be available
for appropriation for a future pavement rehabilitation project.
Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department
M:\General Services\GS Administration\CounciI AgendalSTLJ40 Reas Slurry Seal\Waste Mgt Agreement\REAS AGREEMENT Al13 June 2007.doc
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STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
IWM06112
REGISTRA1l0N NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
California Integrated Waste Management Board
CONTRACTOR'S NAME
City of Chura Vista
2. The term of this
Agreement is:
June 30, 2007 through
Or upon final approval signature.
June 30, 2008
3. The maximum amount $30,000.00
of this Agreement is: (Thirty thousand doUars and zero cents)
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work
5 pages
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - General Terms and Conditions and Contractor Certification Clauses GTC 307
Viewable at www.ols.dgs.ca.gov/Standard+Language
Exhibit D - Special Terms and Conditions (Revised 06/06)
www.ciwmb.ca.gov/Contracts/Forms/Spe TermsCond.pdf
Attachment 1 - Contractor Certification Clauses CCC-307
Attachment 2 - Recycled Content Certification
Exhibit E - Voluntary Statistical Data
2 pages
3 pages
7 pages
4 pages
2 pages
1 page
Items shown with an Asterisk IJ, are hereby Incorporated by reference and made part of this agreement as if attached hereto.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California D9partment of General
Services Use Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Chula Vista
DATE SIGNED(Donot type)
b I:; Ju,
TLE OF PERSON SIGNING
. ector of General Services
ADDRESS
1800 Maxwell Road
Chula Vista, CA 91911
STATE OF CALIFORNIA
AGENCY NAME
California Integrated Waste Management Board
BY (Authorized' tu
IZI Exempt per. SCM.4.04.5.b
PRINTED NAME AND TITLE OF PERSON SIGNING
Mark Leary, Executive Director
ADDRESS
1001 I Street, Sacramento, CA 95814
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~~('~\.\
Ann Moore
City Attorney
Dated: ~,K\Q, \ '2..; 1.00'1
Agreement between the City of Chula Vista and
California Integrated Waste Management Board
for funding for the Rubberized Emulsion Aggregate Slurry Study
5-4
_ __ _. _" _.._m_
STANDARD AGREEMENT
sro 213 (Rev 06103)
AGREEMENT NUMBER
IWM06112
REGISTRATION NUt.tBER
1. This Agr!lement is entered into between the State Agency and the Contractor named below:
STATE AGENCY"S Nf\ME
California Integrated Waste Management Board
CONTRACTOR'S NAME
City of Cbula Vista
2. The term of this
Agreement is:
June 30, 2007 through
Or upon final approval signature.
June 30, 2008
3. The maximum amount $30,000.00
of this Agr!lement is: (Thirty thousand dollars and zero cents)
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work
5 pages
Exhibit B- Budget Detail and Payment Provisions
Exhibit C - General Terms and Conditions and Contractor Certification Clauses GTC'307
Viewable at www.ots.dgs.ca.gov/StantJarrJ+Language
Exhibit D - Special Terms and Conditions (Revised 06106)
www.ciwmb.ca.gov/ConlractsIFormslSpe TermsCond.pdf
Attachment 1 - Contractor CertifICation Clauses CCC-307
Attachment 2 - Recycled Content Certification
Exhibit E - Voluntary Statistical Data
2 pages
3 pages
7 pages
4 pages
2 pages
1 page
Items shown with an Asterisk (J, are hereby incorporated by reference and made part of this agreement as if attached hereto.
IN WITNESS WHEREOF, this Agreement has been executed by the parlles henlto.
CONTRACTOR
California o.plf1metJt ofGenetaI
Services Us. Only
CONTRACTOR'S NAME (if other than 8n indMdual, stale whether a corporation, partnership, 91c.)
City ofChula Vista
BY (A Zed Sign lure)
RS
DATE SIGNEO(Doncl'YP'J
6/00
D OF PERSON SIGNING
irector of General Services
ADDRESS
1800 Maxwell Road
Chula Vista, CA 91911
STATE OF CALIFORNIA
AGENCY NAME
California Integrated Waste Management Board
BY (Au/hoIized .
181 Exempt per: SCM.4.04.5.b
PRINTED NAME AND TfTl.E OF PERSON SIGNING
Mark Leary, Executive Director
ADDRESS
1001 I Street, Sacramento, CA 95814
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THIS PAGE LEFr BLANK INTENTIONALLY
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California Integrated Waste Management Board
And County of Sacramento
Agreement Number: IWM06108
Exhibit A (page I of 5)
EXHIBIT A
SCOPE OF WORK
1. The Contractor agrees to provide the California Integrated Waste Management Board (CIWMB),
with services as described herein.
2. The project coordinators during the term of this agreement will be:
CIWMB
Name: Todd Thalhamer
Phone: (916) 341-6356
Fax: (916) 319-7500
Email: lThalhamer@ciwmb.ca.gov
City of ChuIa Vista
Name: JeffMoneda, P.E.
Phone: (619) 397-6102
Address: 1800 Maxwell Road
Chula VISta, CA 91911
Email: jmoneda@ci.chula-vista.ca.us
Direct all agreement inquiries to:
CIWMB
Contracts Unit
Attention: Carol Baker
Address: 1001 I Street
Sacramento, CA 95814
(916) 341-6105
(916) 319-7582
cbaker@ciwmb.ca.gov
CitvofChu1a Vista
Phone:
Fax:
Email:
Name: Jack Griffin, Director of General Services
Address: 1800 Maxwell Road
Chula Vista, CA 91911
(619) 397-6088
j griffin@ci.chula-vista.ca.us
Phone:
Email:
3. Statement of Work
The California Integrated Waste Management Board (CIWMB) has made significant progress
promoting Rubberized Asphalt Concrete (RAe) and as a result the use ofRAC continues to
increase statewide. However, there are several applications, that also have the potential to use
waste tires, which the Board has not supported, due to a lack of adequate information supporting
the benefits of their use. Some of these applications include: tenninal blends asphalt rubber, rubber
chip seals, and rubberized slurry seals.
The Board has already initiated an investigation to determine the viability of using rubberized
slurry seals versus conventional slurry seals and polymer modified slurry seals as a preventative
pavement maintenance strategy. This study is being conducted in three phases by MACTEC
Engineering and Consulting (CIWMB RAC Technical Advisory consultant).
The first phase (already completed) was a survey to identitY users of rubberized slurry seal and
obtain information regarding its application, use and noted benefits. Using information obtained
from the first phase, phase two {currently underway) is to compare the performance of both
rubberized and conventional slurry seal materials through laboratory testing.
Under this program element, staff proposed that the Board implement the third phase of the study,
which is a field investigation comparing the relative performance of rubberized and conventional
5-7
California Integrated Waste Management Board
And County of Sacramento
Agreement Number: IWM06108
Exhibit A (Page 2 of 5)
slurry seal applications. This study will include analysis of new and existing rubberized and
conventional slurry seal projects. If the results of the study show that there are benefits to using
rubberized slurry seal, then the Board can include this application in future outreach efforts to
create additional sustainable markets for waste tires.
Considerations
Evaluation of field performance of paving materials presents some complex problems due to the
number of factors related to variability of materials, mix design, production and placement that
may affect performance. One major issue is the length of time required to obtain useful results.
Service life for a slurry seal aPl'lication depends on a number of factors, including but not limited
to:
. The type and amount of traffic using it (low volume reSidential, commercial, arterial)
. The condition of the pavement on which it is placed
. Prevailing climate (range oftemperatures, amount of rainfall)
. Quality of materials and design (including aggregate gradation)
. Quality of application (worlananship)
Estimates of expected service life may vary from one to 10 years depending on these factors, but a
range of 3 to 5 years is considered typical. However, MACTEC understands that the Board needs
results as soon as possible. MACTEC therefore proposes two complementary approaches for
evaluating field performance, as follow.
Proposed "Fast Track" Approach - Evaluate Existing Slurry Seal Projects of Various Ages
The quickest way to provide some assessment of slurry seal performance over time is to identify
existing slurry seal projects of various ages (approximately 1 to 10 years) that use the materials of
interest: rubberized, polymer-modified, conventional asphalt emulsion, and other available
products that might be identified in Phases I and II of this study or designated by the Board. This
approach includes the following activities:
Coordinate with survey respondents (user agencies and contractors) to identify candidate slurry
seal projects of various ages from I to 10 years for which design and construction records are
available for correlation with observed performance. This may take 3 to 4 weeks to accomplish.
NOTE: Records are essential to identify the materials used, but our experience indicates that it may
be difficult to find detailed records for projects that are more than 5 years old.
Classify candidate projects by:
1. Type of slurry seal material
2. Age
3. Roadway type (residential, collector, commercial, arterial)
4. Traffic volume in terms of average daily traffic (ADT) with % trucks or ESALs, or as traffic
index (TI). ADT ranges of interest are: 0 to 1,000; 1,001 to 5,000; and 5,001 to ]0,000.
5. Aggregate gradation - the Greenbook includes Type I (minus No.,4 sieve size) and Type II
(minus 3/8-inch sieve size) aggregate gradation bands.
6. For projects in southern California, weather is generally expected to be relatively temperate
with limited rainfall. Climate effects would be expected to be more important in areas with
freeze-thaw or higher rainfall, such as Sacramento.
5-8
California Integrated Waste Management Board
And County ofSacrnmento
Agreement Number: IWM061 08
Exhibit A (Page 3 of 5)
Although we do not expect to develop a full factorial evaluation from the candidate existing
projects identified, MACTEC will attempt to locate at least 10 projects for each type of material of
interest to provide a representative evaluation that covers as many of the classification items above
as feasible.
Upon identification of candidate projects, MACTEC will randomly select sections from each
project and conduct distress surveys of the respective slurry seal surfaces according to the
established methods of Micro P AVER. Micro P AVER has been adopted by the American Public
Works Association as a standard for pavement condition evaluation and pavement management
systems. The results will be used to calculate a pavement condition index (PCl) for each project.
Repeated surveys over time would provide additional performance data over the life of the
respective slurry seal projects. .
Traffic control will be required during conduct of the distress surveys and the budget for field
condition evaluation should include expected costs of traffic control.
The results of the data will be used to formulate families of PC I curves related to slurry seal
composition, age, traffic and surface condition. However, evaluation of existing slurry seals would
be an observational study with limited controls, so there may be some unknown confounding
factors that add some scatter and noise to the results.
Although this approach may provide performance information relatively quickly, once the
candidate projects have been identified,. it has some significant limitations. The primary limitation
is that (typically) little if any information about the condition of the in-place asphalt concrete (AC)
pavement, prior to slurry seal application, would be available.
However, condition of the underlying pavement is one of the most critical factors related to slurry
seal performance, and lack of PC I data for that pavement may be a co~ounding factor in
evaluating performance. Our condition surveys should identify locations of structural failure
(whici). may be in the AC, aggregate base course or subgrade), not related to the slurry seal, for
which any corresponding slurry seal distress should be omitted from the evaluation. We may be
able to draw some other inferences about the condition of the underlying pavement.
New Slurry Seal Construction
In order to better account for factors that may affect slurry seal performance that are not available
for the in-place materials, we propose to use planned upcoming slurry seal projects in the City of
Los Angeles, Sacramento County, and other City agencies to be identified. The CIWMB through a
cooperative agreement with the aforementioned agency will allow for data collection and sampling
activities to be conducted with MACTEC.
This arrangement would follow the applicable procedures detailed in the February 2005 report
"Generic Experimental Design for Product/Strategy Evaluation - Crumb Rubber Modified
Materials" which MACTEC developed for the Caltrans-CIWMB .Partnered Research Project.
With coordination and planning, it is anticipated each of the slurry seal materials of interest, in
each of these upcoming projects, will be evaluated under the same traffic and environmental
5-9
California Integrated Waste Management Board
And County ofSacramenlo
Agreement Number: IWM06108
Exlnbil A (page 4 of 5)
conditions. There may be some complications in accomplishing this, as there is currently no
application of the REAS material in northern California. Furthermore, there may be sonie
compatibility issues with aggregates, as the REAS binder is anionic while most polymer modified
and conventional emulsions are cationic. Some aggregates may not be compatible with both.
Prior to surface preparation, MACTEC representatives, in cooperation with nominated agency
staff, would identify performance evaluation sections (PES) for condition survey of existing
pavement conditions andlor distress that may affect performance of the finished slurry seal product.
For projects where pavement condition is not relatively uniform, it may be possible to identify
different PES areas within the individual projects that offer a range of existing pavement conditions
for comparison.
MACTEC would also need access to slurry seal mix designs submitted by the contractor.
MACTEC engineers would observe slurry seal placement to identify any construction-related
factors that might impact performance, and would also obtain samples of the slurry mix and
component materials during construction for compliance testing.
Condition surveys of the PES would be performed after construction and on an annual basis for as
long as the Board is willing to continue funding the evaluation, or until the subject slurry seals are
replaced, whichever comes first. Data collection over time and analysis with respect to materials
properties, site and pavement conditions, and construction, will provide a better understanding of
how these slurry seal materials perform and how best to employ them.
The table outline on the following page identifies the activities to enable the CIWMB
representatives (MACTEC) to coordinate with a governmental entity to identify, review and
sample nominated REAS projects.
5-10
California Integrated Waste Management Board
And County of Sacramento
Agreement Number: IWM06108
Exhibit A (page 5 of 5)
Activity
Fast Track- Existing Slurry projects
. Identify Candidate Slurry Seal Projects (max 10)
. Establish Agency Contact
. Obtain list of projects
· Obtain project records (history, traffic, climate, distress, testing data)
· Field evaluation of existing projects .
. Candidate Projects ClassiticationlEvaluation
. Candidate Projects Survey
. Selection of sections to be inspected
. Conduct Distress Survey
. Traffic Control (If required)
New Slurry Seal Construction
Coordination with Agencies
. Obtain list of available upcoming projects
. Evaluate upcoming projects and identify the candidate projects
. Pre-Construction Phase
. Obtain project records (history, traffic, climate, etc.)
. Identify Performance Evaluation Sections (PES)
. Conduct Distress Survey prior to construction
. Construction Phase
Coordination
MACTEC, Contractor
MACTEC,Contractor
MACTEC, Contractor
MACTEC
MACTEC
MACTEC
MACTEC
Contractor
MACTEC, Contractor
MACTEC, Contractor
MACTEC, Contractor
MACTEC
MACTEC
. Coordinate with Contractors
. Provide mix design
. Monitor project construction and obtain construction samples
. Post-Construction Phase
. Lab evaluation of construction samples
. Pavement Condition Survey of project PES
MACTEC, Contractor,
Contractor's sub
MACTEC, Contractor
MACTEC, Contractor
. Traffic Control (If required)
MACTEC
MACTEC
MACTEC,
Contractor's sub
This essentially shows. the Window of opportunities for MACTEC to conduct collection and review
activities within the normal scope of construction work conducted on a REAS project. The
CIWMB's intent is to collect copies of the normal agency documentation for a REAS project and
allow for additional supplementary coIlection activities in support of the REAS study. It should be
noted that both activity tracks are required and a condition of the CIWMB funding for an agency
REAS project.
5-11
California Integrated Waste Management Board
And County ofSacraniento
Agreement Numb<<: IWM06108
Exhibit B (page I of 2)
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT:
A. For services satisfactorily rendered and upon receipt and approval of the invoices, the State
agrees to compensate the Contractor for actual expenditures incurred in accordance with the
rates specified herein.
B. Itemized invoices shall be submitted in triplicate, with two sets of supporting documentation
(i.e., receipts, timesheets, etc),. not more frequently than monthly in arrears to:
California Integrated Waste Management BoaTd
Financial Assistance Bmrich
100 I "I" Street
P.O. Box 4025, MS-19A
Sacramento, CA 95812-4025
C. Each invoice submitted to the CIWMB must include the following information:
. Invoice Number
· Contract Number .
. Description of Rendered Activities/Services
· Submitting Contractor's Address
· Invoice Period
2. BUDGET CONTINGENCY CLAUSE:
A. 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 shall have no liability
to pay any funds whatsoever to Contractor or to furnish any other considerations under this
Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the option to either: cancel this Agreement with no liability
occurring to the State, or offer an Agreement Amendment to Contractor to reflect the reduced
amount.
3. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time
specified in Government Code, Chapter 4.5 (commencing with Section 927).
4. TAXES: The State of California is exempt from Federal Excise Taxes, and no payment will be
made for any taxes levied on employees' wages. The State will pay for any applicable State of
California or local sales or use taxes on the services rendered or equipment or parts supplied
5-12
California Integrated Waste Management Board
And County of Sacramento
AgreernentNurnber:IWM06108
. ExhibitB (page 2 of2)
pursuant to this agreement. California may pay any applicable sales or use tax imposed by another
state.
5. COST BREAKDOWN:
Nominated agencies that are participating in the CIWMB REAS Phase III work effort are required
to enter into an agreement that will provide for a provision of $30,000 in funding to supplement the
participant agencies 2007 Slurry Seal construction program.
As with all preventative maintenance strategies, production and paving projects are cycled
according to phased construction of the agencies' network pavement repair strategies. This effort is
usually based upon pavement management program scenarios.
The intent of the CIWMB funding is that effort be focused and applied to supplement and or cover
the cost of a ~lurry seal preventative maintenance treatment(s).as a lump sum unit price. This cost
shall include compensation for surface preparation, removals, sweeping; and sanding if necessary,
and for doing all the work involved in construction of the treatment in place. The agency shall
conduct normal construction acceptance sampling, testing and data collection activities within the
agencies specifications. These data should be made available to the ClWMB for the study analysis.
Provision shall also be made to allow for CIWMB or designee, to conduct supplementary pre and
post construction investigation, material testing, and or distress identification activities in support
of the project. Payment will be available 30 days after the post construction investigation.
6. TRAVEL CLAUSE: All travel will be reimbursed at the excluded employee travel rates in
accordance with the California Code of Regulations Title 2, Division I, Chapter 3, Subchapter I,
Article 2, Section 599.615.1 et seq..
7. ONE TIME PAYMENT: This agreement allows for a one-time payment, upon satisfactory
completion of the agreement as detenniIied by the ClWMB. Therefore, upon submittal of an
invoice for payment in arrears, and with approval from the CIWMB, the invoice will be paid in an
amount not to exceed $30,000.00, and will not be subject to a 10% withholding.
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Agreement Number: IWM06108
Exhibit C (Page 1 00)
GTe 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. Contractor may not commence performance until
such approval has been obtained.
2. AMENDMENT: 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.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after
final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow
the auditor(s) acces~ to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further, Contractor
agrees to include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code ~8546.7, Pub. Contract Code ~101l5 et seq.,
CCR Tjt1e 2, Section 1896).
5. 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.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any
dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any
payments should the Contractor fail to perform the requirements of this Agreement at the time and
in the manner herein provided. In the event of such termination the State may proceed with the
work in any manner deemed proper by the State. All costs to the State shall be deducted from any
sum due the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
8. 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.
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Agreement Number: IWM06108
Exhibit C (Page 2 of 3)
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of peIjury,
the minimum, if not exact, percentage of post consumer material as defined in the Public Contract
Code Section 12200, in products, materials, goods, or supplies offered or sold to the State
regardless of whether the product meets the requirements of Public Contract Code Section 12209.
With respect to printer or duplication cartridges that comply with the requirements of Section
12156( e), the certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code 912205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and
its subcontractors shall not unlawfully discriminate, harass, or allow 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 offamily 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 (Gov. Code 912990 (a-t) et
seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title
2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-t), 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 the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in
the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by
this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including travel,
per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the
laws of the State of California.
IS. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply with the
requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its poHtical subdivisions or public agencies on whose behalf
, the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of
the Business and' Professions Code.
5-15
Agreement Number: IWM06108
Exhibit C (page 3 00)
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 6fthe
Business and Professions Code), arising from purchases of goods;materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement,
a monetary recovery for a cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recoVer from the public body any portion of the recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid by the public body
as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
injured by the violation of law for which the cause of action arose and (a) the assignee has not
been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a) The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 ofthe Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision offuis Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions fimded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in
accordance with Pub. Contract Code ~10353.
S:IADMIN\HOMEP AGElGTC- 307.doc
5-16
Agreement Number: IWM06I08
. Exhibit D (Page I 00)
California Integrated Waste Management Board
Revised 06106
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. AGENCY LIABILITY: The Contractor warrants by execution of this Agreement, that no person
or selling agency has been employed or retained to solicit or secure this Agreement upon
agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling agencies maintained by the
Contractor for the purpose of securing business. For breach or violation 'of this warranty, the
CIWMB shall, in addition to other remedies provided by law, have the right to annul this
Agreement without liability, paying only for the value of the work actually performed, or otherwise.
recover the full amoUnt of such commission, percentage, brokerage, or contingent fee.
2. BANKRUPTCY: In the event proceedings in bankruptcy are commenced against the Contractor,
or if Contractor is adjudged bankrupt, or ifa receiver is appointed and qualifies, then the ClWMB
may terminate this Agreement by giving Contractor five (5) days written notice. .
J. CALIFORNIA WASTE TIRES: Unless otherwise provided for in this contract, in the event the
Contractor and/or Subcontractor(s) purchases waste tires or waste-tire derived products for the
performance of this Agreement, only California waste tires and California waste tire-derived
products shall be used. As a condition of payment under this Agreement, the Contractor must
provide documentation substantiating the source of the tire materials used during the performance
of this Agreement to the Contract Manager.
All formal notices required by this Agreement must be given in writing and sent by prepaid
certified mail, fax, personal delivery or telex.
4. CONTRACT MANAGEMENT: The Contractor and the agents and employees of the 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. The Contractor may change the designated Project
Director, but the Board reserves the right to approve any substitution of the Project Director.
Contractor's key personnel may not be substituted without the CIWMB's Contract Manager's prior
written approval. The C1WMB may change the Contract Manager by notice given to the
Contractor at any time. The CIWMB staffwiIl be permitted to work side by side with the
Contractor's staffto the extent and under conditions that may be directed by the Contract Manager.
In this connection, the CIWMB's staff will be given access to all required data, working papers,
etc. The Contractor will not be permitted to utilize the CIWMB's staff for the performance of
services, which are the responsibility of the Contractor unless the Contract Manager previously
agreed to such utilization in writing, and any appropriate adjustment in price is made. No charge
will be made to the Contractor for the services of the CIWMB' s staff for coordination or
monitoring functions.
5. CONTRACTOR EV ALUA TIONS: The CIWMB will evaluate the Contractor's performance
within sixty days of the completion oftrus Agreement and shall remain on file by the CIWMB for a
period of thirty-six months. If the Contractor does not satisfactorily perform the work or service
specified in this Agreement, the CIWMB will submit a copy of the negative evaluation to the
5-17
Agreement Number: IWM06I08
Exhibit D (page 2 of7)
Department of General Services (DGS), Office of Legal Services, within five (5) working days of
the completion of the evaluation. Upon filing an unsatisfactory evaluation with the DGS, the
CIWMB shall notify and send a copy of the evaluation to the Contractor within fifteen days. The
Contractor shall have thirty days to prepare and send a written response to the CIWMB and the
DGS. The CIWMB and the DGS shall file the Contractor's statement with the evaluation.
(pCC !}10369).
6. CONFIDENTIALITYIPUBLIC RECORDS: The Contractor and the CIWMB 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 GC !} 6250, or the PCC. The CIWMB agrees not to disclose such information or
data furnished by Contractor and to maintain such information or data as confidential when so
designated by Contractor in writing at the time iUs furnished to the CIWMB, only to the extent
that such information or data is exempt from disclosure under the California Public Records Act
and the PCC.
7. CONFLICT- FUTURE BIDDING LIMITATION: Pursuant to Public Contracts Code section
10365.5:
(a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract
may subrnit a bid for, nor be awarded a contract for, the provision of services, procurement of
goods or supplies, or any other relaied action that is required, suggested, or otherwise deemed
appropriate in the end product of the consulting services contract.
(b) Subdivision (a) does not apply to any person, firm, or subsidiary thereof who is awarded a
subcontract of a consulting services contract that amounts. to no more than ten (10) percent of
the total monetary value of the consulting services contract.
(c) Subdivisions (a) and (b) do not apply to consulting services contracts subject io Chapter 10
(commencing with Section 4525) of Divis ion 5 of Title I of the Government Code.
8. CONSULTING SERVICES: If this Agreement is for consulting services, the Contractor is hereby
advised of its duties, obligations and rights under PCC !}!}10335 though 10381.
9. COPYRIGHTS AND TRADEMARKS: The Contractor shall assign to the ClWMa any and all
rights, title and interests to any copyrightable material or trademarkable material created or
developed in whole or in any part as a result of this Agreement, including the right to register for
copyright or trademark of such materials. The Contractor shall require that its subcontractors agree
that all such materials shall be the property of the ClWMB. Such title will include exclusive
copyrights and trademarkS in the name of the ClWMB.
For contracts of $5,000 or more, any document or written report prepared for or under the direction
of CIWMB, shall include a notation on the inside cover as follows: .
"Prepared as part of ClWMB contract number lWM06112, Total Contract Amount $30,000,
pursuant to Government Code Section 7550."
10. DELIVERABLES: All documents and/or reports drafted for publication by or for the CIWMB in
accordance with this contract shall adhere to the ClWMB's Contractor Publications Guide at
5-18
Agreement Number: IWM06108
Exhibit D (Page 3 00)
www.ciwmb.ca.gov/PublicationslPubGuidel and shall be reviewed by the CIWMB's Contract
Manager in consultation with the CIWMB editor.
II. 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.
12. ENVIRONMENTAL JUSTICE: In the performance of this Agreement, the Contractor shall
conduct its programs, policies, and activities that substantially affect human health or the
environment in a manner that ensures the fair treatment of people of all races, cultures, and income
levels, including minority populations and low-income populations of the State. (Government
Code Section 65040.12(e)).
13. FORCE MAJEURE: Neither the CIWMB 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.
14. GRATUITIES: The CIWMB may terminate this Agreement if gratuities were offered or given by
the Contractor, or any agent or representative of the Contractor, to any employee of the CIWMB,
with a view toward securing a contract or securing favorable treatment with respect to awardmg or
amending or making a determination with respect to performance of this Agreement.
15. IMPRACTICABILITY OF PERFORMANCE: This Agreement may be suspended or cancelled,
'without notice at the option of the Contractor, if the Contractor's or the CIWMB premises or
equipment is destroyed by fire or other catastrophe, or so substantially damaged that it is
impractical to continue service or in the event the Contractor is unable to render service as a result
of any action by any governmental authority.
16. INSURANCE: When required, the Contractor must provide: 1) a Certificate of Insurance insuring
the CIWMB, and/or 2) verification of Worker's Compensation insurance. The Contractor must
provide said Certificate of Insurance and/or verification to the CIWMB within ten (10) days after
notification of the CIWMB's intent to award the Agreement. The Agreement will not be executed
nor can work begin unless said Certificate of InsUrance and/or verification is provided to the
CIWMB.
The Certificate of Insurance must be in effect and shall include the following terms and conditions:
A. The CIWMB, its officers, agents, employees, and servants shall be included as additional
insured.
B. The dates of inception and expiration of coverage shall be specified.
C. A minimum liability coverage of not less than $1,000,000 per occurrence for bodilyinjury and
property damage liability combined shall be specified. The coverage shall not include a
deductible feature.
D. The insurer will not cancel the insured's coverage without thirty days prior written notice to the
CIWMB. .
E. The CIWMB is not liable for the payment of premiums or assessments on said policy.
F. The insurance coverage shall be on an occurrence basis only.
5-19
Agreement Number: IWM06108
Exhibit D (page 4 00)
In the event the Certificate of Insurance should expire or be cancelled during the term of this
Agreement, the Contractor agrees to provide, at least thirty days prior to said expiration or
cancellation, a new Certificate of Insurance evidencing coverage, as provided for herein, for not
less than one (1) year or for the remainder of the contractual agreement, whichever is greater. In
the event the Contractor fails to keep in effect at all times insurance coverage as herein
provided, the CIWMB may, in addition to any other remedies it may have, terminate this
Agreement upon occurrence of such event.
] 7. LIABILITY FOR NONCONFORMING WORK: The Contractor will be fully responsible for
ensuring the completed work conforms to the agreed upon terms. If nonconformity is discovered
prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the
nonconformity. If the nonconformity is discovered after the deadline for the completion of the
project, the CIWMB, in its sole discretion, may use any reasonable m.eans to cure the
nonconformity. The Contractor shall be responsible for reimbursing the CIWMB for any
additional expenses incurred to cure such defects.
18. LICENSE OR PERMITS: The Contractor shall be an individual or firm licensed to do business in
California and shall obtain at his/her expense all license(s) and permit(s) required by law for
accomplishing any work required in connection with this Agreement.
IIi the event the Contractor fails to keep in effect at all times all required license( s) and permit( s),
the CIWMB may, in addition to other remedies it may have, terminate this Agreement upon
occurrence of such event.
19. LIOUIDATED DAMAGES: It is the intent of this Contract that individual projects proceed in an
uninterruptea manner from the date of commencement until all work contemplated in the
ContractIWork Order has been completed. The ContractIWork Order authorized by Board Staff,
and accepted by the Contractor shall include the number of days authorized to complete the project.
All parties to the Contract agree that the Board will sustain damage for any day on which the
Contractor arbitrarily suspends operations, or fails to prosecute the work. It is and will be
impracticable and extremely difficult to ascertain and determine the actual damage which the
Board will sustain in the event of and by reason of such delay; and it is therefore agreed that the
Contractor will pay to the Board the sum of$l,ooO for each day on which the Contractor fails to
perform work in accordance with the approved schedule without the approval of Board staff. The
Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the
Board may deduct the amount thereof from any moneys due or that may become due the
Contractor under the Contract. The Contractor shall not be assessed liquidated damages when the
delay in completing the project is caused by the state.
20. OWNERSHIP OF DRAWINGS. PLANS AND SPECIFICATIONS: The CIWMB will have
separate and independent ownership of all drawings, design plans, specifications, notebooks,
tracings, photographs, negatives, reports, findings, recommendations, data and memoranda of
every description or any part thereof, prepared under this Agreement. The originals and all copies
thereof will be delivered to the Board upon request. The CIWMB will have the full right to use
said originals and copies in any manner when and where it may determine without any claim on the
part of the Contractor, its vendors or subcontractors to additional compensation.
5-20
AgreemenlNumber: IWM06108
Exlnbil D (Page 5 of 7)
21. PATENTS: The Contractor assigns to the CIWMB all rights, title, and interest in and to each
invention or discovery that may be capable of being patented, that is conceived of or first actually
reduced to practice in the course of or under this Agreement.
22. PUBLICITY AND ACKNOWLEDGEMENT: The Contractor agrees that it will acknowledge the
CIWMB's support whenever projects funded, in whole or in part, by this Agreement are publicized
in any news media, brochures, or other type of promotional material.
23. RECYCLED-CONTENT PRODUCT PURCHASING: In the performance of this Agreement. the
Contractor shall purchase used and/or recycled-content products as set forth on the back of the
Recycled-Content Certification Form (Exhibit D, Attachment A). For assistance in locating
recycled-content products, please search the recyCled-content product database available at:
www.ciwmb.ca.gov/RCP. If after searching the database, contractors are unable to find the
recycled-content products they are looking for, please notifY the CIWMB's Contract Manager. All
recycled-content products purchased or chargedlbilled to the CIWMB that are printed upon such as
promotional items, publications, written materials, and other educational brochures shall have both
the total recycled content (TRC) and the post-consumer (PC) content clearly printed on them.
In addition, any written documents such as, publications, letters, brochures, and/or reports shall be
printed double-sided on 100% post-consumer (PC) paper. Specific pages containing full-color
photographs or other ink-intensive graphics may be printed on photographic paper. The paper
should identifY the post-consumer recycled content of the paper (i.e., "printed on 100% post-
consumer paper"). When applicable, the Contractor shall provide the Contract Manager with an
electronic copy of the document and/or report for the CIWMB's uses. When appropriate, only an
electronic copy of the document and/or report shall be submitted and no hard copy shall be
provided.
24. REMEDIES: Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rigJits and remedies under the Agreement, at law or in
equity, and exercise of one right or remedy will not be deemed a waiver of any other right or
remedy:
25. SEITLMENT OF DISPUTES: In the event of a dispute, the Contractor shall file a ''Notice of
Dispute" with the CIWMB, Director or hislher designee with ten (10) days of discovery of the
problem. With ten (10) days, the Director or hislher designee shall meet with the Contractor and
CIWMB Project Manager for the purpose of solving the dispute.
26. STOP WORK NOTICE: Immediately, upon receiving a written notice to stop work, the
Contractor shall cease all work under this Agreement.
27. SUBCONTRACTORS: All Subcontractors previously identified in the bid/proposal submitted are
considered to be acceptable to the CIWMB. Any change or addition of Subcontractors wi}l be .
subject to the prior written approval of the Contract Manager or Executive Director. Upon
termination of any Subcontract, the Contractor shall notifY the Contract Manager or the Executive
Director immediately. If the CIWMB or the Contractor determines that the level of expertise or
the services required are beyond that provided by the Contractor or its routine Subcontractors, The
Contractor will be required to employ additional Subcontractors. Nothing contained in this
Agreement or otherwise, shall create any contractual relation between the CIWMB and any
5-21
Agreement Number: lWM061 08
Exhibit D-(page 6 of7)
Subcontractors and no Subcontract shall relieve the Contractor of its responsibilities and
,
obligations hereunder. The Contractor agrees to be as fully responsible to the CIWMB for the acts
and omissions of its Subcontractors and of persons either directly or indirectly employed by any of
. them as it is for the acts and omissions of persons directly employed by the Contractor. The
Contractor's obligation to pay its Subcontractors is an independent obligation from the CIWMffs
obligation to make payments to the Contractor. As a result, the CIWMB shalI have no obligation
to payor to enforce the payment of any moneys to any Subcontractor.]
28. SUCCESSORS: The provisions of this Agreement will be binding upon and inure to the benefit of
the CIWMB, the Contractor, and their respective successors.
29. TERMINATION: The CIWMB shalI have the right to terminate this Agreement at its sole
discretion at any time upon thirty days written notice given to the Contractor. In the case of early
termination, a final payment wilI be made to the Contractor upon approval by the Contract
Manager of a financial report, invoices for costs incurred to date of termination and a written report
desenbing all work performed by the Contractor to date of termination.
30. UNRELIABLE LIST: Prior to authorizing a Subcontractor(s) to commence work under this
Agreement, the Contractor shall submit to the CIWMB a declaration from the Subcontractor(s),
signed under penalty of perjury, stating that within the preceding three years, none of the events
listed in Section 17050 of Title 14, California Code of Regulations, NaturaI Resources, Division 7,
have occurred with respect to the subcontractor(s).
Placement of Contractor on the CIWMB Unreliable List anytime after award of this Agreement
may be grounds for termination of Agreement. If a Subcontractor is placed on the ClWMB
Unreliable List after award of this Agreement, the Contractor may be required to terminate the
Subcontract.
31. WASTE REDUCTION: In the performance of this Agreement, the Contractor shall take all
reasonable steps to ensure that materials purchased or consumed in the course of the project are
utilized both effectively and efficiently to minimize the generation of waste. The steps should
include, but not necessarily be limited to, the use of reusable products, the use of recyclable and
compostable products, discretion in the amount of materials used, the provision of altematives to
disposal for materials consumed, and the practice of other waste reduction measures where feasible
and appropriate.
32. WORK AUTHORIZATION: If this Agreement is for services as needed, or has clearly specified
sub-categories a work authorization will be required before work can begin pursuant to this
Agreement. The Contract Manger wilI make this determination, when work authorizations are
required, the Contract Manager wilI prepare a work authorization for each item of work. Each
work authorization, as appropriate, will consist of a detailed statement of the purpose, objectives or
goals to be undertaken by the Contractor, identification of the Contractor/subcontractor team, all
significant material to be. developed and delivered by the Contractor, alI materials to be furnished
by the CIWMB to the Contractor, the Contractor's estimated time schedule and person hours,
- billing rates and tota! cost of the work authorization.
A. All work authorizations will be in writing, negotiated and approved by the Contract Manager
and the Contractor's Project Director prior to beginning work. However, in situations where
5-22
Agreement Number; IWM06108
Exhibit [) (page 7 of 7)
expedience is of the utmost importance, the Contract Manager may verbally authorize the
Contractor to begin work following up with written authorization.
B. The level of effort required for each work authorization will vary for each proposed project.
Therefore, the Contract Manager will establish the time lines for completion of duties to be
performed at the time of assignment
C. The CIWMB reserves the right to require the Contractor to stop or suspend work on any work
authorization. The Contract Manager will provide, in writing to Contractor's Project Director,
notice of the date work is to be halted or suspended. Approved costs incurred to that date shall
be reimbursed in accordance with this Agreement's provision.
D. Each work authorization will be numbered sequentially.
E. The actual costs of a completed, approved work authorization will not exceed the authorized
amount, except if, in the performance of the work, the Contractor deteimines that the actual
cost will exceed the estimated costs; the Contractor will immediately notify the Contract
Manager. Upon such notification, the Contract Manager may:
1. Alter the scope of the work authorization to accomplish the work within the estimated
costs; or
2. Augment the work authorization budget; or
3. Authorize the Contractor to complete the work for the actual costs; or
4. Terminate the work authorization.
Prior to exceeding the approved budget, approval must be secured in writing from the Contract
Manager and the work authorization must be modified to reflect the change. lfthe problem occurs
because the Contractor is in fault, the Contractor will absorb the additional costs.
5-23
Attachmen
.Pagelo
CCC-307
CERTIFICA nON
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legall)
bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the
State of California.
Federal ID
Contractor/Bidder Firm Name (printed) Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed. Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
] . STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination
program requirements. (Gov. Code ~ 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public
entities.)
2. DRUG-FREE WORKPLACE REOUIREMENTS: Contractor will comply with the requirements of the
Drug-Free Worlcplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a Copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
5-24
Attachmer
Page 2 c
Failure to comply with these requirements may result in suspension of payments under the Agreement or
'termination of the Agreement or both and Contractor may be ineligible for award of any future State
agreements if the department detennines that any of the following has occurred: the Contractor has made
false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov.
Code ~8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one
(1) final unappealable finding of contempt of court bya 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.
(Pub. Contract Code ~10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES S50.000 OR MORE- PRO BONO REOUIREMENT: Contractor
hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and
Professions Code, effective January 1,2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal
services during each year of the contract equal to the lessor of 30 multiplied by the number of full time
attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any
contract period ofless than a full year or 10% of its contract with the State. .
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and
may be taken into account when detennining the award of future contracts with the State for legal services.
5. EXP A TRIA TE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or
subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and
10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of peIjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured
labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor
further declares under penalty ofpetjury that they adhere to the Sweatfree Code of Conduct as set forth
on the California Department of Industrial Relations website located at www.dir.ca.l!ov. and Public
Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to determine
the contractor's compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over Sloo,OOO executed or amended after January 1,2007, the
contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
5-25
Altachmen
Page 3 0
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current
or former state employees. If Contractor has any questions on the status of any person rendering
services or involved with the Agreement, the awarding agency must be contacted immediately for
clarification.
Current State Employees (pub. Contract Code ~I04lO):
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.
Former State Employees (Pub. Contract Code ~104I 1):.
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 info a contract with any state agency ifhe 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. (pub. Contract Code ~ 1 0420) .
Members of boards and commissions are exempt from fhis section if they do not receive payment other
than payment of each meeting of the board or commission, payment for preparatory time and payment
for per diem. (pub. Contract Code ~10430 (e))
2. LABOR CODElWORKERS' 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 offhis Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 V.S.C.
12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as
listed on this Agreement. Upon receipt oflega! documentation of the name change the State will process
the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of
said amendment.
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Attachmct:
Page 4 0
5. CORPORATE OUALIFICATIONS TO 00 BUSINESS IN CALIFORNIA:
a. . When agreements are to be performed in the state by corporations, the contracting agencies will be
verifying that the contractor is currently qualified to do business in California in order to ensure that
all obligations due to the state are fulfilled.
b. "Doing business' is defined in R&TC Section 23101 as actively engaging in any transaction for the
purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to
taxation, rarely will a corporate contractor performi!tg within the state not be subject to the franchise
tax.
c. Both domestic and foreign corporations (those incorporated outside ofCalifomia) must be in good
standing in order to be qualified to do business in California. Agencies will determine whether a
corporation is in good standing by calling the Office of the Secretary of State.
6. 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 agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in
violation of any order or resolution not subject to review promulgated by the State Air Resources Board
or an air pollution control district; (2) subject to cease and desist order not subject to review issued
pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally'determined to be in violation of provisions of federal law relating to air or
water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are
not another state agency or other governmental entity.
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Page 1 of2
Recycled-Content Certification
To be completed by Contractor ,
Name of Contractor:
Contract #:: I Work Order#:
STATE OF CALIFORNIA
California Integrated Waste Management Board
CIWMB 74C{Revised 8/06furConlnlcts)
DCheck this box if no products, materials, goods. or supplies were purchased with contract dollars and submit to the CIWMB Contract
Manager.
This fonn to be completed by contractor. The form must be completed and returned to the CIWMB with a row completad for each
product purchased with contract dollars. Attach additional sheets if necessary. Infonnation must be included even if the oroduct
does not contain recvcled-content material. Product labels, catafoglwebsite descriptions, or bid specifications may be attached to
this fonn as a method of providing th<!l infonnation. Add additional rows as needed.
Contractor~s Name
Address
Fax
Date
Phone
E~mail
Web site
Product Manufacturer Product Description I BraDd Purchase lPercent 'sABRC ::
N
Amount ($) PostcoDsumer Product N
;
Materi.1 Category ~
Code ..
lO
n
Public Conllacl Code sections 12205 (0)(1)(2)(3)(b)(I)(2) (3) 10233.10308.5, 10354, and 12205(0)
I certify that the above infonnation is true. I further certify that these environmental claims for recy<:led content regarding these produClS are
consistent with the Federal Trade Commission's Environmental Marketing Guidelines in accordance with pee 12404.
Print name
Signature
Company
Date
(See footootes on the back ofthIs page.)
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Attacbment 2
Page 2 of2
1. Postconsumer material comes from products that were bought by consumers, used, and then recycled. For
example: a newspaper that has been purchased and read, next recycled, and then used to make another .
product would be postconsumer material.
If the product does not fit into any of the product categories, enter "NI A." Common NI A products include .
wood products, natural textiles, aggregate, concrete, electronics such as computers, TV, software on a disk
or CD, telephone
2. Product category refers to one of the product categories listed below, into which the reportable purchase
falls. For products made from multiple materials, choose the category that comprises most of the product by
weight, or volume.
Note: For reused or refurbished products, there is no minimum content requirement.
For addi . I' ti
bona m ormation VISIt www.ciwmb.ca.........v/Bu"R.......'cledl
Code Description Minimum content requirement
Product Catel!ories (111
I Paper Products - Recycled 30 percent postconsumer fiber, by fiber weight
2 Printing and Writing - Recycled 30 percent postconsumer fiber, by fiber weight
3 Compost, Co-compost, and 80 percent recovered materials. i.e., material that
Mulch - Recycled would otherwise be normally disposed of in a
landfill
4 Glass - Recycled 10 percent postconsumer, by weight
5 Rerefmed Lubricating Oil - Recycled 70 percent re-refined hase oil
6a Plastic - Recycled 10 percent postconsumer, by weight
6b Printer or duplication cartridges a. Have 10 percent postconsumer material, or
b. Are purchased as remanufactured, or
c. Are backed by a vendor-offered program that
will take back the printer cartridges after their
useful life and ensure that the cartridges are
recycled and comply with the definition of
recycled as set forth in Section 12156 of
the Public Contract Code.
7 Paint - Recycled 50 percent postconsumer paint (exceptions when
50% postconsumer content is not available or is
restricted by a local air quality management
district, then 10% postconsumer content may be
substituted)
8 Antifreeze - Recycled 70 percent postconsumer material
9 Retreated Tires - Recycled Use existing casing that has undergone retreading
or recapping process in accordance with Public
Resource Code (commencing with section
42400).
10 Tire- Derived - Recycled 50 percent postconsumer tires
11 Metals - Recvcled 10 nercent nostconsumer, by weight
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EXHIBIT F: VOLUNTARY STATISTICAL DATA
INFORMATION TO BE USED FOR REPORTING PURPOSES ONLY
Exhibit E (page 1 of 1)
Public Contract Code 10 Ill, requires state agencies to capture information on etbnicity, race and
gender (ERG) of business owners on all awarded contracts and procurements to the extent that the
information has been voluntarily reported to the department. The awarding department is prohibited
from using this data to discriminate or provide a preference in the solicitation or acceptance of bids,
quotes, or estimates for goods, services, construction andlor information technology. This information
shall not be collected until after the contract award is made. The completion of this form is strictly
voluntarv. Please return this form to the California Integrated Waste Management Board,
Business Administration Office, P.O Box 4025, MS-19A, Sacramento, CA 95812, Attn: Colleen
Rubens.
The data you provide on this form should best describe the ownership of your business. Ownership of
a business should be determined as follows:
· For a business that is an individual proprietorship, partnership, corporation, or joint venture
and at least 51 percent is owned by one or more individuals in a classification designated
below or, in the case of any business whose stock is publicly held, at least 51 percent of
the stock is owned by one or more individuals in a designated classification, or
· For other business entities, the owner is the person controlling management and daily
operations and who. "owns" the business.
For purposes of this report, respond only if the business has its home office in the United States and
which is not a branch or subsidi of a forei co oration, firm, or other business.
Type of Business Transaction (check all appropriate boxes)
Goods Services Construction
Total of Transaction: $
FY (July l..June 30) of Transaction
l.[jnder Classlficatlon
Female
o Male
I
o
o
Race Classlflcation- As deflned by the Office of Management and Budget, Federal Register Nollce, October 30, 1997, at
htt :/Iwww.whllehou . ovl ed 1997standards.h I.
American Indian or Alaska Native
Black or African American
Other
o
o
Asian
Native Hawaiian or Other Pacific Islander
White
Ethnic Classlflcatlon-As defined In Public Contract Code Section 2051 leI
Asian-Indian~ A Derson whose origins are from India. Pakistan. or Bangladesh.
o Black- Person havinl! oril!ins in anv of the Black raciall!rouos of Africa. .
o Hispanic- Person of Mexican, Puerto Rican, Cuban, Central or South American or other
SDanish or Portulruese culture or oril!in. rel!ardless of race.
o Native American- an American Indian. Eskimo. Aleut. or Native Hawaiian.
o Pacific Asian- A person whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Samoa, Guam, or the United States Trust Territories of the Pacific includinl! the Northem Marianas.
o Oth~r- ~y other group of natural persons identified as minorities in the respective project
soectficatlOns of an awardinl! deoartment or oarticioatinl! local al!encv.
5-30
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING
AN AGREEMENT WITH THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD FOR FUNDING OF THE
RUBBERIZED EMULSION AGGREGATE SLURRY (REAS)
STUDY AND AUTHORIZING THE DIRECTOR OF GENERAL
SERVICES TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF CHULA VISTA.
WHEREAS, the City annually conducts a pavement rehabilitation strategy, known as
Rubberized Emulsion Aggregate Slurry (REAS), on various streets throughout the City. ; and
WHEREAS, the California Integrated Waste Management Board (CIWMB) has
contacted the City to conduct an investigation to determine the viability of using rubberized
slurry seals versus conventional slurry seals as a preventative maintenance strategy and the City
of Chula Vista would receive $30,000 compensation from CIWMB upon satisfactory completion
of the agreement; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity qualifies for a Class 3 categorical exemption pursuant to Section l5306(Information
Collection) of the State CEQA Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an agreement with CIWMB for funding of the REAS study and
authorize the Director of General Services to execute the agreement on behalf of the City of
Chula Vista. The City would receive $30,000 compensation from CIWMB upon satisfactory
completion of the agreement.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~~CN\~\'\u-~
Ann Moore
City Attorney
M:\General Services\GS Administration\Council Agenda\STL340 Reas Slurry Seal\Waste Mgt Agreement\Reso for Waste Mgt Agreement.doc
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