HomeMy WebLinkAboutAGMT - California Wildlife Conservation Board STATE OF CALIFORNIA Seal Beach Pier Deck Rehabilitation, Orange Count •
• Project ID 2006155
STANDARD AGREEMENT
STD 213 (Rev 06/03) - AGREEMENT NUMBER
• WC- 6056SC ,
REGISTRATION NUMBER
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1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME •
Wildlife Conservation Board
CONTRACTORS NAME
City of Seal Beach
2, The term of this February 15, 2007 through June 30, 2009
Agreement is:
3. The maximum amount $ 200,000.00
of this Agreement is:
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 • 9 page(s)
Exhibit B — Budget Detail and Payment Provisions 3 page(s)
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• Exhibit C* — General Terms and Conditions 4 pages
Check mark one item below as Exhibit D: •
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❑ Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) N/A page(s)
_ 17 Exhibit - D* Special Terms and Conditions N/A
Exhibit E — Additional Provisions N/A page(s)
Items shown with an Asterisk ( *), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov /Standard +Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. .
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) •
City of Seal Beach
BY (Authorized Signaure DATESIGNED(Do not type)
b 7 APPROVED
PRINTED NAME AND TITLE OF PERSON SIGNING •
David Carmany, City Manager S E P _ s 2001 1 .
ADDRESS {
City Hall — 211 Eighth Street t
Seal Beach, California 90740 Difi OF GENERAL SERVICES
STATE OF CALIFORNIA
AGENCY NAME
Wildlife Conservation Board
BY (Authorized Signature) DATE SIGNEO(Do not type)
R. s tio7 `��
PR D NAME AND TITLE OF RSON SIGNING ❑t xempt per:
Jo , • P. Donnelly, Executive Director
ADDRESS •
1807 13 Street, Suite 103, Sacramento, California 95814 -7117
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Sea/ Beach Pier Deck Rehabilitation, Orange County
Standard Agreement No. WC — 6056SC
Project ID 2006155 - •
Exhibit A — SCOPE OF WORK
SCOPE OF WORK
This project is a cooperative agreement with the City of Seal Beach to improve public
access for sport fishing in the Pacific Ocean at the Seal Beach Fishing Pier in the City
of Seal Beach (see Attachment 1 — Location Map). The project will replace and
rehabilitate worn surface decking over most of the 1640 foot length of the pier. The
total deck surface area is 43,958 square feet, and the area to be rehabilitated by this
project is approximately 40,641 square feet. The existing decking (Douglas fir) is worn
due to vehicular traffic (service and delivery vehicles related to the restaurant that
occupies the seaward end of the pier), and has a very uneven surface. While the
decking still has much of its structural capacity, it is uncomfortable to walk on and very
difficult to traverse with small or hard - wheeled equipment such as baby strollers and
wheel chairs. This condition will continue to deteriorate and may result in a structurally
unacceptable condition with the next five years.
In order to minimize this condition in the future and to extend the useful life of the new
decking, this project will use imported hardwood as the decking material. Only the
exposed decking, outside of the building structures, will be replaced with the hardwood.
Imported hardwoods are generally more durable and stronger than softwoods, such as
Douglas fir, and as such provide a better structural material with a useful life several
times longer. Imported hardwoods are also very dense, with high fire resistant ratings,
and many types have natural resistance to damage from fungus and insects, including
marine borers. Therefore, imported hardwood does not require treatments. Disposal of
these wood materials does not require special consideration. A negative characteristic
of hardwood is that due to its density, it is difficult to dry, and therefore the project
specifications will require kiln drying and site seasoning prior to installation.
There area several imported hardwoods that are acceptable for the pier decking. The
City of Seal Beach has evaluated all of these products, and has selected Greenheart
as the project decking material.
This work will be done in accordance with the plans and specifications to be prepared
by or under the direct supervision of the City of Seal Beach as shown on Attachment 2.
Said plans and specifications must be reviewed and approved by the State prior to
construction. The City of Seal Beach intends to complete this project by not later than
July 1, 2009.
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Seal Beach Pier Deck Rehabilitation, Orange County
Standard Agreement No. WC — 6056SC
Project ID 2006155
Exhibit A — SCOPE OF WORK
Direct all inquiries to the Project Managers during the term of this agreement as
follows:
Wildlife Conservation Board: City of Seal Beach:
Name: Scott Clemons Name: Sean Crumby
1807 13 Street, Suite 103 City Hall — 211 Eighth Street
Sacramento, California 95814 Seal Beach, California 90740
Phone: (916) 445 -1072 Phone: (562) 431 -2527, ext. 322
Fax: (916) 323 -0280 Fax: (562) 430 -8763
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• Seal Beach Pier Deck Rehabilitation, Orange County
Standard Agreement No. WC — 6056SC
Project ID 2006155
Exhibit A— SCOPE OF WORK
Attachment 1 - Location Map
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Seal Beach Pier Deck Rehabilitation, Orange County
Standard Agreement No. WC — 6056SC
Project 10 2006155
Exhibit A — SCOPE OF WORK
Attachment 2 — Plans and Specifications
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Seal Beach Pier Deck Rehabilitation, Orange County
Standard Agreement No. WC — 6056SC
Project ID 2006155
Exhibit B — BUDGET AND PAYMENT PROVISIONS
Payment Provisions
1. In consideration for the satisfactory completion of the services described herein, the
State agrees to pay the Contractor, in arrears, upon receipt of an invoice in
triplicate, for services rendered under this Agreement.
Payment shall be in arrears contingent upon receipt of an invoice received and
approved by the State's representative. The invoice must be submitted on
Contractor's letterhead signed by authorized representative, and include:
• Agreement number
• Time period covered
•
• Work completed for the period (detailed statement of services)
• Sub - contractor services
• Whether the request is for partial payment or final payment
Submit invoices to: Wildlife Conservation Board
1807 13 Street, Suite 103
Sacramento, California 95814
2. Progress payments are permitted for tasks completed under this contract. No
more than one invoice may be submitted per month. The State may withhold ten
percent (10 %) of each payment until the State has approved the acceptance of the
project.
3. For work accomplished or cost incurred in any other manner (salaries, wages,
materials, taxes, permits, equipment rental, fuel, etc.), the request for payment
should include invoices in triplicate itemized as to actual and direct expenditures.
4. Request for final payment shall be submitted to WCB's Project Manager within
thirty (30) days after completion of the work authorized under this contract.
5. Work to be performed under this agreement is subject to availability of funds
through the State's normal budget process.
6. Payment will be made in accordance with, and within the time specified in,
Government Code Chapter 4.5, commencing with Section 927.
7. The State's Project Manager has initial jurisdiction over each controversy arising
under or in connection with the interpretation, performance, or payment under this
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Seal Beach Pier Deck Rehabilitation, Orange County
Standard Agreement No. WC — 6056SC
Project ID 2006155
Exhibit 8— BUDGET AND PAYMENT PROVISIONS
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contract. The Contractor will diligently pursue with the State's Project Manager
mutually agreeable settlement of any such controversy. If the controversy cannot
be resolved at this stage, the Contractor must direct the grievance together with
any evidence, in writing, to the Executive Director of the Board. The grievance
must state the issues in the dispute, the legal authority or other basis for the
Contractor's position and the remedy sought. The Executive Director or designee
shall meet with the Contractor to review the issues raised. A written decision
signed by the Executive Director or designee shall be returned to the Contractor
within twenty (20) working days of receipt of the Contractor's letter.
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GTC 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) access 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 §10115 et seq., CCR Title 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.
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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.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, 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 § 12205).
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 of family care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990
(a -f) 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 -f), 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.
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15. 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 political 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.
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 of the
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 of the 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."
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17. UNENFORCEABLE PROVISION: In the event that any provision of this 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 funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code § 10353.
S: W DMIMHOMEPAGE\GTC- 307.doc
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AMENDMENT NO. 1
To
LEASE AND OPERATING AGREEMENT
FOR
SEAL BEACH FISHING PIER, ORANGE COUNTY
THIS AMENDMENT TO AGREEMENT is made and entered into this 15th day of
February 2007, by and between the State of California, DEPARTMENT OF'FISH AND
GAME, acting by and through the WILDLIFE CONSERVATION BOARD, hereinafter
called STATE, and the CITY OF SEAL BEACH, hereinafter called CITY.
WHEREAS, the parties hereto entered into a Lease and Operating Agreement
dated December 12, 1983, for the operation and maintenance of lands and
developments of the STATE known as the SEAL BEACH FISHING PIER, hereinafter
"Project"; and
WHEREAS, the State on February February 15, 2007, approved matching
funding for the repair and rehabilitation of the Project based upon the request and design
submitted by the City and allocated funds therefore; and -
WHEREAS, the parties hereto desire to provide for the operation and
maintenance of the Project with the approved repair and rehabilitation.
WHEREAS, the parties hereto desire to extend the term of said Lease and
Operating Agreement.
NOW THEREFORE, it is mutually agreed by and between the parties hereto that
said Lease and Operating Agreement is hereby extended to December 12, 2033.
Except as herein amended, all terms and conditions of said agreement shall
remain unchanged and in full force and effect.
• State of California CITY OF SEAL BEACH
DEPARTMENT OF FISH AND GAME
WILDLIFE CONSERVATION BOARD
By P By chamee
John P. Donn I David Carman
Executive Dire .or City Manager
Approved: APPROVED
STATE OF CALIFORNIA
•
DEPARTMENT OF GENERAL SERVICES
SEP -1
OPT OF GENERAL SERVICES