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HomeMy WebLinkAboutMINUTES - 10172006 - C.14 TO: BOARD OF SUPERVISORS -s L' Contra FROM: KEITH FREITAS, DIRECTOR OF AIRPORTS Costa C.1 DATE: October 17, 2006 °SrA�a�x `Pv C Q u n ty SUBJECT: APPROVE AND AUTHORIZE the Director of Airports to execute a contract with Barnard Dunkelberg&Company for consultant services on the Buchanan Field Airport Runway Safety Area Study project, Airport Improvement Program (AIP)Project No 3-06-0050-15. 11114101 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a consultant services - agreement with Barnard Dunkelberg& Company, effective October 1, 2006, through October 1, 2008,in the amount of$105,264 for the Buchanan Field Airport Runway Safety Area Study,Airport Improvement Program (AIP) Project No. 3-06-0050-15. Pacheco Area. (District IV) IL FINANCIAL IMPACT: There is no impact on the General Fund. The total contract cost for the Runway Safety Area Study is $105,264,of which$2,764 is from the Airport Enterprise Fund,$2,500 from CALTRANS,and$100,000 is funded. from FAA Airport Improvement Program Funds. Continued on Attachment: X SIGNATURE: `UI� +,-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER r SIGNATURES ACTION OF B 7 ON OCm ,e,y'�� VEDAS RECOMMENDED—OTHER VO OF SUPERVISORS I hereby certify that this is a true and correct copy of an action UNANIMOUS(ABSENT /"��y ) taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. ABSENT: ABSTAIN: /fJ ATTESTED: JOHN CULLEN,Clerk of the Board of Supervisors and County Orig.Div: County Airports Contact Doreen Stackdale(925)646-5722 Administrator M Cowry Administmtor Auditor-Controller Public Works Director Federal Aviation Administration Va Airport Stag'-Barnard Dunkelberg&Company By __ ,Deputy —' V SUBJECT: Contract with Barnard Dunkelberg & Company, Airport Improvement Program (AIP)Project No. 3-06-0050-15 DATE: October 17, 2006 PAGE: 2 III. Reasons for Recommendations and Background: On June 7,2005,the Board of Supervisors authorized the submission and acceptance of grant applications to the Federal Aviation Administration and CALTRANS to perform the Buchanan Field Airport Runway Safety Area Study. On January 4,2006,the Airport Division(Airport)of the Contra Costa County Public Works Department issued a Request for Qualifications (RFQ) for a consultant to perform the Buchanan Field Airport Runway Safety Area Study. The RFQ required interested consultants to provide responses by February 17, 2006. The Airport received only two RFQ submittals for consideration. Barnard Dunkelberg&Company and Mead & Hunt were the two consulting firms. Working with several members of airport staff, the RFQ submittals were reviewed and ranked. Barnard Dunkelberg & Company emerged as the preferred consultant for the Buchanan Field Airport Runway Safety Area Study. Airport staff worked with Barnard Dunkelberg&Company to refine their scope of work and associated project costs and forwarded the information to the FAA for their consideration on August 10,2006. On August 15, 2006, the FAA confirmed the selection of Barnard Dunkelberg & Company to perform consulting services for the Buchanan Field Airport Runway Safety Area Study. The total project amount is$105,264 inclusive of the Federal Aviation Administration(FAA)grant and local match funds. IV. Consequences of Negative Action: If the consultant contract agreement with Barnard Dunkelberg&Company is not approved,the Buchanan Field Airport Runway Safety Area Study will not be completed. Contra Costa County STANDARD CONTRACT Number: Standard Form L-1 (Purchase of Services—Long Form) Fund/Org#: 4841 Revised 2002 Account#: 2310 Other-#: SAS-9APSAS 1. Contract Identification. Department: Public Works Department—Airports Division Subject: Buchanan Field Airport Runway Safety Area Study Consultant Selection 2. Parties. The County of Contra Costa, California(County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Barnard Dunkelberg& Company Capacity: Corporation Address: Cherry Street Building, 1616 East Fifteenth Street,Tulsa,Oklahoma 74120 3. Term. The effective date of this Contract is October 1,2006. It terminates on October 1,2008 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$105,264 5. County's Oblieation. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligation. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions(if any)attached hereto, which are incorporated herein by reference. 8. Proiect. This Contract implements in whole or in part the following described Project,the application and approval documents of which are incorporated herein by reference: The purpose of this project for the Runway Safety Area(RSA) study is to examine the feasibility of meeting the Federal Aviation Administration (FAA)regulated runway safety area design standards requirements at Buchanan Field Airport. This will be accomplished by fust reviewing the history of previous efforts to meet this goal. The next step is assessing the existing conditions regarding the runway safety area, accompanying object free areas, and other related airport design standards. Subsequently, identifying various alternatives for correcting any existing deviations from standards. These alternatives will then be analyzed to consider airport development costs as well as potential operational impacts to determine the most prudent and feasible solution, which may included no changes. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: CALIFORNIA GOVERNMENT CODE 31000. The board of supervisors may contract for special services on behalf of the following public entities: the county, any county officer or department, or any district or court in the county. Such contracts shall be with persons specially trained, experienced, expert and competent to perform the special services. The special services shall consist of services, advice, education or training for such public entities or the employees thereof. The special services shall be in financial, economic, accounting (including the preparation and issuance of payroll checks or warrants), engineering, legal, medical, therapeutic, administrative, architectural, airport or L- 1 Page 1 of 2 Contra Costa County ` STANDARD CONTRACT Number: Standard Form L-1 n .` (Purchase of Services—Long Form) Fund/Org#: 4841 Revised 2002 -Y1 Account#: 2310 Other-#: SAS-9APSAS building security matters, laundry services or linen services. They may include maintenance or custodial matters if the board finds that the site is remote from available county employee resources and that the county's economic interests are served by such a contract rather than by paying additional travel and subsistence expenses to existing county employees. The board may.pay from any available funds such compensation as it deems proper for these special services. The board of supervisors may, by ordinance, direct the purchasing agent to enter into contracts authorized by this section within the monetary limit specified in Section 25502.5 of the Government Code. 10. Sienatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By By h an/Designee Deplity CONTRACTOR Name of business entity Name of business entity RAgwoA , (©_ xyc By By w ; ; tgb (Signature o ide vic -prest t) YSignature of secretary or as istant secretary) IDAl Gm� - (Print name and title) (Print namt and title) Note to Contractor: For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on form L-2. L- 1 Page 2 of 2 Contra Costa County APPROVALS/ACKNOWLEDGEMENT Number: Standard Form L-2 (Purchase of Services—Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGEMENT OKLAHOMA STATE OF GALXPORfXX ) TULSA ) ss. COUNTY OF WNT9X)0(XXX ) On September 27, 2006 before me, Joyce A. Benge, Notary (insert name and title of the officer), personally appeared Bob E. Barnard/President E Ryk A. Dunkelberg/ :xec. VP, Barnard Dunke�iberg personally known tome(or proved tome on the basis of satisfactory evidence) to be the person(s)whose names is are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. ' �M�UIIIINgryi lc_le `.1 _��PlT Grp }E�tvrYi915�G = ,t ��—� (Seal)g — Joyce A. ng 3603 �"'��«.^�„�•�a ACKNOF OWLED T(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2 (Page 1 of 1) Contra Costa County PAYMENT PROVISIONS Number: Standard Form P-1 (Fee Basis Contracts—Long and Short Form) Revised 2002 1., Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only.] ❑ a. $ monthly, or El b. $196 per hour for the Project Principal $169 per hour for the Project Manager $134 per hour for the Technical Program Leader $134 per hour for the Assistant Project Manager $134 per hour for the Senior Airport Planner $110 per hour for the Airport Planner $85 per hour for the Planning Technician $75 per hour for the Clerical ❑ c. $ after completion of all obligations and conditions herein. ❑ d. 2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. RiLyht to Withold. County has the right to withhold payment to Contractor when, in the opinion of County expressed in writing to Contractor,(a)Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b)Contractor has neglected,failed or refused to furnish information or to cooperate with any inspection,review or audit of its program,work or records, or(c)Contractor has failed to sufficiently itemize or document its demand(s)for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand,Contractor shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform property any of its obligations under this Contract. Inti Con ctor County Dept. Form P-1 (Page 1 of 1) Contra Costa County SERVICE PLAN OiTI'LM Number: Standard Form L-3 (Purchase of Services—Long Form) Revised 2002 SERVICE PLAN Buchanan Field Airport("CCR" or the"Airport")is the major general aviation reliever airport serving Contra Costa County and multiple communities located in the Northeastern portion of the greater San Francisco Bay Area. Owned and operated by Contra Costa County, the Airport has been a catalyst for business growth in the region and has served as an anchor for the local employment base as well as meeting the aviation transportation needs. Buchanan Field has also been most recently the subject of an Airport Master Plan effort, whose primary focus is to establish the overall Airport development plan for the next twenty years. During the normal course of this Master Plan effort, non-standard conditions were identified with regard to three of the Airport's Runway Safety Areas (RSAs)as defined in Federal Aviation Administration (FAA)Advisory Circular (AC) 150/5300-13. Specifically, the RSA standards that are not currently met are located on the north end of Runway 1L/19R, and on both the north and south ends of Runway 14L/32R. These non-standard conditions have resulted primarily from property boundary and site constraints that do not allow for the runway longitudinal design standards to be met off the ends of these runways. Currently, the FAA accounts for these non-standard conditions through the use of Declared Distances. Meeting the RSA standard is a primary goal of the FAA, as is evidenced by its national directive to bring non- standard RSAs into compliance through a variety of methods. Currently, FAA Order 5200.8, Runway Safety Area Program; FAA AC 150/5300-13, Airport Design; and FAA AC 150/5220-22, Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns, provide the primary guidance for bringing RSAs into compliance. Additionally FAA Order 5200.9, Financial Feasibility and Equivalency of Runway Safety Area Improvements and Engineered Material Arresting Systems (EMAS), provides guidance in evaluating alternatives for RSA compliance including assessing the financial feasibility and viability of utilizing EMAS. This Program of Services has been designed to produce a feasibility study which utilizes the methodologies detailed in the above-referenced FAA orders and ACs. The purpose of this study is to develop, evaluate, and recommend alternative solutions for compliance with current FAA RSA design standards. It is also important to again note that the airport is currently working on an update of its Master Plan. This RSA Study will be conducted concurrently with the Master Plan effort to provide the required level of detail and analysis from which the Airport can identify its preferred"course of action. Element One/BACKGROUND INFORMATION This phase of the project involves the establishment of a sound basis for study development through the assimilation and documentation of appropriate base data. Maximum utilization of existing information that is current and applicable to the objectives and overall intent of this study will be made to avoid redundancy and unnecessary data collection. This will be aided by the utilization of data already gathered or being currently generated as part of the on-going Master Plan. An important consideration with regards to this RSA Study is the fact that the Airport's current photogrammetric basemap is outdated. The Consultant will provide spot elevation data for the Airport that will include, but not be limited to, existing runway ends, displaced thresholds, touchdown zones, runway intersections, runway high and low points, on-airport NAVAIDS, on-airport buildings, and roadways where they intersect the Runway Protection Zone (RPZ) edges and extended runway centerlines. Additionally, the Consultant will provide limited photogrammetric basemapping for the study areas, defined as both ends of Runway 1L/19R, and both ends of Runway 14L/32R. It is anticipated that this photogrammetry will approximately measure 1,000 feet wide by 2,000 feet long, centered on the existing runway end, but should encompass the existing and future RPZs. All L-3 Page 1 of 5 Contra Costa County SERVICE PLAN OUTLINE Number: Standard Form L-3 (Purchase of Services—Long Form) Revised 2002 photogrammetry will comply with current FAA standards for photogrammetric survey including FAA AC 150/5300-16, General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey, FAA AC 150/5300-17, General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey, and FAA No. 405, Standards for Aeronautical Surveys and Related Products. It is also anticipated that all additional information required by the Consultant will be readily available through the concurrent Master Plan effort. This data will include,among others: — Airport Layout Plan — Drawings, applicable data already collected and analyzed (including runway length justifications and critical aircraft) — Topography,utility and aerials — Traffic and planning data - Maintenance costs and other pertinent data — FAA RSA determinations Element One Work Product(s): — Spot elevations and limited aerial photogrammetry in an AutoCAD format that ascribes to the most recent FAA survey standards and tolerances. Element Two/IDENTIFY AND CONFIRM RSA DEFICIENCIES The process of identifying and confirming the RSA dimensions for the Airport is based upon applying the appropriate FAA Design Criteria, and establishing the appropriate runway takeoff lengths for the most demanding type of aircraft operating at the Airport. That aircraft, or collection of aircraft, is used to identify the Airport Reference Code (ARC) which, along with the type of instrument landing procedures published for the runways, is used to establish the Design Standards for the Airport's RSA alternatives. Based on the current findings of the Master Plan, it is anticipated that this study will identify solutions that will maintain existing runway lengths. It is assumed that the justification of the existing runway lengths of the critical aircraft for each runway can be developed from the data included in the Master Plan. For each runway, this data will be used to analyze runway length requirements that justify maintaining the existing runway Iengths. Note that this includes maintaining at a minimum the existing Declared Distances operational runway lengths as currently defined. It is anticipated that as part of this effort, critical runway characteristics and standards (including runway lengths, declared distances,object free zones,runway protection zones, and critical runway approach slopes)will be verified for all runway ends. In the event that an Environmental Assessment (EA) is required to ultimately implement an action resulting from this study, this information will be required to demonstrate that the shortening of a runway would not be a viable alternative to providing compliant RSAs. With the above completed,the current Airport RSAs will be reviewed and the deficiencies of each RSA confirmed, including identification of any encroachments into the RSA for each runway end. Element Two Work Product(s): Findings to be integrated into a Technical Memorandum, which will be produced and submitted following program Element Three. L-3 Page 2 of 5 Contra Costa County SERVICE PLAN OUTLINE Number: Standard Form L-3 (Purchase of Services—Long Form) Revised 2002 Element Three/DEFINE RSA ALTERNATIVES The purpose of this task is to identify alternative RSA concepts for subsequent evaluation of both their feasibility and practicability. FAA Order 5200.8 lists a series of alternatives to be considered when assessing alternatives to providing RSA compliance at airports. The fust alternative should always be to attempt construction of a traditional graded area surrounding the runway. Where it is not practicable to establish the entire safety area in this manner, as much of the RSA as possible should be obtained, at which point the following (five) alternatives should then be considered: a. Relocation, shifting, or realignment of the runway. b. Reduction in runway length where the existing runway length exceeds that which is required for the existing or projected design aircraft c. A combination of runway relocation, shifting, grading, realignment, or reduction. d. Declared distances. e. Engineered Materials Arresting System(EMAS) Additionally, the possibility of removing encroachments into the RSA, such as roadways and other obstructions, should be considered in the development of alternatives. Land acquisition, grading requirements and environmental . conditions will also be examined. Any portion of land that will increase the RSA, even if it will not result in meeting the standard fully, is preferable and should be obtained whenever practical. Both capital and life cycle costs, as well as exhibits will be developed to a planning or an order of magnitude level of detail for each alternative under the guidelines of FAA Order 5200.9. Capital costs will include design, land acquisition, permits and construction. Life cycle costs will consider the present value of all annual operation and maintenance costs,based on the expected life of each alternative. With regards to EMAS, it is important to note that as per FAA Order 5200.9, the generation of EMAS alternatives has become integrated with the alternatives evaluation process. Therefore,EMAS considerations will be addressed entirely within the next project element. Element Three Work Product(s): — Preparation and submittal of the Technical Memorandum, which will summarize work completed to date, including a description of those alternatives to be carried forward into the alternatives evaluation. Element Four/EVALUATE RSA ALTERNATIVES This project element encompasses the evaluation of all reasonable alternatives and the selection of a preferred alternative as per the process defined by FAA through two separate FAA orders (FAA Order 5200.8 and 5200.9). (It is important to note that there is room for interpretation on how the orders work together, which may require additional clarification through the FAA's Burlingame Airports District Office) Generally, the orders describe a two-step process which fust evaluates the financial practicability of establishing fully compliant safety areas or those utilizing a standard EMAS application. Failing to meet that reasonable level of practicability, a second step is undertaken to evaluate all other alternatives. L-3 Page 3 of 5 Contra Costa County SERVICE PLAN OUTLINE Number: Standard Form L-3 (Purchase of Services—Long Form) Revised 2002 FAA Order 5200.9 details the process for developing EMAS alternatives, as well as a preliminary financial evaluation of the viability of either improving safety areas to standards or to an equivalent level of safety through implementation of EMAS. In general,the process will be as follows: 1. Establish standard EMAS installation alternatives as per FAA Order 5200.9 and FAA AC 150/5220-22. Of critical importance is the determination of the EMAS design aircraft, and the length of the EMAS bed required to stop the design aircraft. 2. Ascertain the maximum feasible expenditure for improving the RSA through Figure 4 of FAA Order 5200.9, and determine the financial feasibility of implementing either a standard RSA or a standard EMAS. If neither of these options is determined to be financial viable, the second step of the process will reflect the following process,as described in FAA Order 5200.9: 1. Establish possible non-standard EMAS alternatives. This would include the identification of both capital and lifecycle costs. 2. Compare all alternatives using the decision table in FAA Order 5200.9 to determine best fmancially feasible alternative for improving the RSA. This will also consider life cycle costs as well as factors detailed in FAA Order 5200.8. 3. If other issues exist that may not be addressed (e.g. non-standard RSA width, cost estimates exceed maximum feasible cost, etc.) the Consultant will work with the FAA and the Airport to establish an appropriate direction. FAA Order 5200.9's guidance primarily addresses financial feasibility, although it acknowledges that the potential environmental aspects of each alternative and other site specific factors. FAA Order 5200.8 identifies six additional evaluation factors that should be considered in evaluating the feasible RSA concepts: 1. Historical records of airport accidents/incidents. 2. The airport plans as reflected in current and forecast volume of passengers, number of operations, design aircraft and percent runway use,both for all weather and IFR operations, 3. The extent to which the existing RSA complies with the standard. (High performance aircraft, operating at higher loads and speeds have greater requirements than small, low performance aircraft.) 4. Site constraints. (These include, for example, precipitous terrain drop-off, the existence of bodies of water,wetlands, a major highway, a railroad at a runway end, etc.) 5. Weather and climatic conditions. (These include conditions such as low visibility,rain, snow, and ice and the frequency of these conditions. Overruns on contaminated runways constitute a significant percentage of runway excursions.) 6. Availability of visual and electronic aids for landing. A narrative for each alternative, an exhibit, a cost summary, a description of evaluation factors, as well as the expected level of environmental documentation,will be summarized and presented to the Airport. Element Four Work Product(s): — Preparation and submittal of Draft and Final Study documentation. L-3 Page 4 of 5 Contra Costa County SERVICE PLAN OUTLINE Number: Standard Form L-3 (Purchase of Services—Long Form) Revised 2002 Element Five/COORDINATION and MEETINGS Since this study will be running concurrent to the on-going Master Plan, it is assumed that meetings required for completion of this study will be combined with those meetings scheduled and budgeted for the Master Plan to the maximum extent possible. It is also assumed that all public coordination must be combined with those of the Master Plan, Coordination and meetings required for the completion of this Study will include the following: — Scoping Meeting(1) — Project Kick-OffMeeting/site visit(l) — Interim Meeting 1 to present draft alternatives in the Technical Memorandum. — Interim Meeting 2 to.present preliminary evaluation findings, and solicit comments to lead directly into the finalization of alternatives and the evaluation process. This will result in the determination of a preferred alternative. — Final Presentation Meeting — Public/Stakeholders Meetings(2)—to be coordinated with Master Plan meetings. Additional Information • All Element products are to be delivered to Director of Airports Office,Attention: Keith Freitas, 550 Sally Ride Drive, Concord, California 94520,when completed Initials: Contractor County Dept. L-3 Page 5 of 5 Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing,employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v M of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the . expiration of four years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives,the subcontract and books,documents,and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds$5,000. 5. Termination and Cancellation. a. Written Notice. This.Contract may be terminated by either parry,in its sole discretion,upon thirty-day advance L-5 (Page 1 of 6) written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. County,upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non- County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Overating Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements maybe approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or,after Board approval,by its designee,subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan maybe amended by a written administrative amendment executed by Contractor and the Coun ry Administrator(or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee,or in accordance with the applicable procedures(if any)required by the state or federal government. 10. Choice of Law and Personal Turisdictic, a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching L-5 (Page 2 of 6) Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes)of these General Conditions, inspections or approvals,or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor,or any combination of these acts, shall not relieve Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is. required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due,by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership,joint venture or association. 15. Conflicts of Interest. Contractor,its officers,partners,associates,agents,and employees,shall not make,participate in making,or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners, associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to,the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend, indemnify,save, and hold harmless County and its of 'c rs and employees L-5 (Page 3 of 6) Initials: Contractor County Dept. Contra Costa County------ GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents,servants,employees or subcontractors hereunder,save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures,including reasonable attorneys'fees,County may make by reason of the matters that are the subject of this indemnification, and,if requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is$500,000 or less,Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$500,000 for all damages,including consequential damages,due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County,the state and federal governments,and their officers,agents,and employees, so that other insurance policies held by them or their self-insurance program(s)shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000, and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers'Compensation. Contractor shall provide workers'compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty(30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractors address designated herein. The effective L-5 (Page 4 of 6) �( Initials: FF""11 Contractor County Dept. Contra Costa County J GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made. 2I. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements,but does not vest ownership of the land or improvements in the same person,or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue &Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-parry beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, County reserves the right to copyright, and Contractor agrees not to copyright, such material. If the material is copyrighted,County reserves a royalty-free,nonexclusive, and irrevocable license to reproduce,publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. L5 (Page 5 of 6) /f� Initials: ' �"✓1 Contractor County Dept. Contra Costa County GENERAL_CONDITIONS Standard Form L-5 (Purchase of Services-Long Form Revised 2003 27. Required Audit (A)If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C)above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount,whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) Initial if Contr for County Dept.