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Home My WebLink AboutMINUTES - 08031993 - 1.36 36 To: BOARD OF SUPERVISORS E...SE Contra FROM: John H. deFremery, Agricultural Commissionor Costa Director Weights & Measures Count DATE: July 20, .1993 + COU SUBJECT: Caltrans Contract for Fiscal Year 1993-94 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Approve and authorize Chairman, Board of Supervisors to execute an Agreement between the County and State of California, Department of Transportation. The amount is not to exceed $12,000 for ground squirrel control adjacent to State highways for the period July 1, 1993 through June 30, 1994 . BACKGROUND Since FY 1981-82 the county has contracted with Caltrans for reimbursement of county costs for control of ground squirrels along State ,highways . The amount and flexibility of this contract will allow the County to fully recover all County costs . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Agriculture ATTESTED-- - FG Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF Justice System Programs SUPERVISORS AND COUNTY ADMINISTRATOR Contact: J. deFremery 646-5250 M382BY - yL� ,DEPUTY (10/88) !/ FRECEIVED • 1 , 3 6 ��• ❑.CONTRA TOR S-iA1L 01=GAL.IF0RNIA ❑ 2 8 1994 �, Sheet ..1. ... .... of . . . . .... • ❑ CALDEPTRA GEN. El DEPAR d'> ENT OF ❑ CONTRO LER +t�' �RTAT! ... . .. . . . .. . . ... . . . . . .. . . ... . .. ❑ ADMIN. TR A '�S Y +�� ! Co. Route PM CLERK BOARD OF SUPERVISORS ❑ co T�ra COSTA CO. SOURCE CHARGE EXP AUTH SPEC!AL DESH:NArlON GEN;EC SUBACCr Slis JOB NO AIAOLINT FISCAL ENCUMBRANCE I Fa RI;E;;,1 fv"N , r DE if OR CREDIT YEAR DOCUMENT DIST UNIT DIST UNIT �-- ---� NUMBER FUNDING: WORN ORDER NO n I LOCATION 04 640 04 XX 5C3000 BRI°';ENOEiC ' 7078 ! $12 , 000. 00 94 g]( STATE ❑ JOINT t I ❑ FEDERAL 1 _ I ITEM CHAPTER STA%."".- I•:o--Yl,a:: 660-001 -042-20. 80 93 193-94 Hazardous Commercial CONTRACT NO. .0401 5.—.MN. . . . . . . . . . . . . . . . . I hereby certify upon my own.personal knowledge hal budg•lf+d funds aro available i This number to be placed on all invokes for the pe,Od and purpose Of The expenditure stated aDOva SIGNATURE OF ACCOUNTING OFFICER D.A —� OAKLAND , CALIFORNIA, (•9.9.3 ----- . . PA ri. .l. . 30. ,. . . .1.993. ;]ate . . . . . . . . . . . . . . . . . . . . . . . . . Contractor's Name .Co•ntra. ,Co.s.t4. ,County. ,Board , of. . S.uper.v.i soRts)ne . . 53.0)64.6-5250. . . Address . /-. . . . . �. � � �/C,,o�n c or d C A/��7d9 4�r�J2/9�- 5��.7 . . . . . . . . . . . . . . . . . . . . . . . (OS / `r'L� ✓"'v/�j' �//' / T�J -t) License No and Class The Contractor hereby acrees to lurnis l tha service or rental as h4reina.fter set forth to the Depart- ment of Transportation in aCCO:dance vilth the provisions ;:n BOTH SIDES of this form and on the attached sheets, and he agrer:s to reC%iva n,d accept as full compensation therefor the prices named herein. The consideration to be paid Contractor. as crovided herein, shall be in U Exempt From compensation for all of Contrac,to,"s expenses incurred in the perTormance Department of General Sery cps Approval -hereof, including travel and per disco, unless otherwise expressly so FORM POucy BUDGET provided. ?�4 it= �»ofthis:;or1 icaC'si�all be v�:!� DF:prrrin�nt of General Services No alteration or variation of; Id unless APPROVE ® made in writing and signed by the caries f:=ret:,ar.d r"o Oral understanding or agreement not incorporated herein sh:a l be binding on any of the FEB — 7 1994 parties hereto. The said Departm.en4 of b.ere;.y agf_- ;s. tc the terms as set forth herein,and hereby a�ir,� s o =;'c.„=s<.: r;viT�'e i i:I�,t ply mutL'al ORIGINAL SIGNED BY BY written consent this agreement rn a,/be rr,odif lar n.r t;; .>t,7 !S; .te r'sery=s GARRY NESS the right to terminate this agreernent u pon u4ritter: n-ofic--+0 -Col1tractor. Ass't.Chips Counsel IN WITNESS WHEREOF, the parties o tha: �,;e:..ents. have nereunto se# their hand the year and date first above written. D RT M.E N T . , ;;N;�.;S'=;)Q;-i:'-f '1 CONTRACTOR v CCC Board of Supervisors By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Firm Name District Contracts Officer By . . . . . . . . . . . . . . . . . . . Avpco_v_ed_bv_-. ,lo.-,--._ __ THI".o'P.pSit1on. ' . . .Chair, Board'of'86p'el ss&r . ' . . ' ' ' CAROL ROGERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ASST.DEPARTMENTAL CONTRACT OFFICER• Federai 1.D.Number �-f-. _ .. .-DAS-O8M-12840EV.6/89;-- - ---- -- - - --- - - -- -- - - ...--- :11Tllrl.,ct1 as In IH,lic�' F :1 illanuL,;I lic rnlrct . , , A. The Contractor shall keep himself fully informed cfall existing and future State and Federal laws and ^ . countyand municipal ordinances and regulations which in any manner affect those engaged oremployed inthework,orthe bodies or tribunals having any jurisdiction or authority over the same.Heshallatall times observe and comply with,and shall cause all his agents and employees to observe and comply with all such existing and future laws,ordinances,regulations,orders,and decrees of bodies or tribunals having any jurisdiction or authority over the work If any discrepancy or inconsistency is discovered in this con- tract in relation toany such |em( ordinance, regu|eUon, order ordecree the Contractor ohoU forthwith report the same tothe State in writing. B. The Contractor agrees to indemnity, defend and save harmless the Sbete, its officers, agents and amp\oyweafnzmanyandall claims and losses occurring ornesu|UnQtoenymndall contractors,auboonLrac- tors, matmria|men' |abnnynuondanyxdhonperaon,firmmroorpormti#nfurnimhingormupp|yingworkser- vices,materials or supplies in connection with the performanceof this contract and from any and all claims and losses occurring or resulting to any person,firm or corporation who maybe injured ordamaged bythe Contractor in the performance of this contract C. The mentioning ofcertain statutes inthis contract shall not relieve the Contractor from the responsibility ofcomplying with any other statutes applicable tothe service orrental iobmfurnished hereunder. D. The Contractor shall indemnifythe State againstall loss anddamage to theContractor's property orequip- mentdur/ngdsuswondarthisnunhactandhemhaUathis own expense maintain such fire,theft,liability or other insurance as he deems necessary for his protection.The Contractor assumes all responsibility which may be imposed by lawfor property damage or personal injuries caused by defective equipment fur- nishedunderthiacontractor byoperations ofthe Contractor o,his employees under this contract. E Thecnmtofemployer payments tooronbehalf ofemployees,subsistence,travel,compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments INCLUDING SALES TAXES required by law or otherwise shall be included in the price bid and no additional allowance will be made therefor,unless separate payment provision should specifically beprovided for. � F The Contractor,and the agents.and employees of Contractor,in the performance of this agreement,shall act inanindependent capacity and not aoofficers oremployees oragents of State ofCalifornia. G. The Contractor warrants, by execution of this contract that no pe/son or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commis- sion,peoontage\brokeruge.orconhngent tee,excepting bona fide employees o/bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach orviolation of thiswarrantythe State shall have the right to annul this contract without liability,pay- ing only for the value of theworkactually performed,orin its discretion,to deductfrom thecontract price or consideration,or otherwise recover,the full amount of such commission,percentage,brokerage or con- tingent fee. H. Pursuant to the authority contained in Section 591 of the Vehicle Code,the Department has determined thotv,i\hinsuchareaspaarewithinthe|imitynftheprojeyctandanaoponbopub(ictraffic.theContractox shall comply with all of the requirements set forth in Divisions 11,12,13,14 and 15 of theVehicle Code.The Contractor shall take all necessary precautions for safe operation of his equipment and the protection od the traveling public from injury and damage from such equipment may terminate this agreementand berelieved ofthe payment ofany consideration to ontrau .'tbr should Contraotorhailbzpodomnth*covemantsheneinnontainedatthedmamndinthemannerhere\n provided.In the event of such termination the State may proceed with thework in any mannerdeemed pro- perbytheState.Th000st to the State shall be deducted from anysum due the Contractor under this agree ment, and the balance,if any,shall be paid the Contractor upon demand. J. Without the written consent of the State,this agreement is not assignable by Contractor either in whole or in part. K- Time iuof the essence inthis agreement ' L In accordance with Public Contract Code 10296,a Contractor who is not a public entity,by signing this contract horebysweanaunder penalty oYpeduryNhatnot more than one final unappealable finding of con- tempt of court by a federal court has been issued against him within the immediately preceding two-year period because cdthe Contractor's failure to comply with aworder pfafederal court which orders him to comply with onorder cfthe National Labor Relations Board. ` Approval Recommended By: OAS-08M-1284 tREV 6/M • Contract No. 0 16-MN Contract Sheet of 8 Article I - Work Description Contractor to provide all materials, labor, tools, and equipment to control ground squirrels and other burrowing rodents along State Highways located in Contra Costa County as noted in Article V of this Contract. Article II - Contract Period This contract shall begin on October 1, 1993, contingent upon approval by the State and notification from the Contract Administrator to begin work, and expire no later than September 30, 1994, unless extended by supplemental agreement. Article III - Cost Limitation/Rates A. LABOR $24. 10 per hour EQUIPMENT . $ . 28 per mile (Chemical Truck) B. MATERIALS 1. Rodent Bait Diphacinone .01% $1.20/lb 2 . Aluminum Phosphide . 01% $ . 10/tablet 3 . Gas Cartridge $ .43/ea TOTAL AMOUNT AUTHORIZED UNDER THIS CONTRACT NOT TO EXCEED: $12,000.00 It is understood that the authorized amount is an estimate only and that the State will pay monthly in arrears for services actually used upon receipt of itemized invoices submitted in triplicate. Article IV - Contract Administrator Chet Moran (510) 939-0400 Article V - Scope of Work A. The Contractor will provide the following for the control of ground squirrels/rodents on Caltrans properties located along State highways within the County of Contra Costa. 1. Control of the squirrels/rodents by use of treated grain. It is understood that only anticoagulant treated grain shall be used. 2 . For fumigation work, Aluminum phosphide and/or Smoke bombs (Gas Cartridges) will be used. B. The chemicals used and rate of application shall be determined by the Agricultural Commissioner, but shall be restricted to the chemicals and rates of application listed on Contract Sheet 7 of 8 of this contract. Contt No. 04G916-MN • Contt Sheet 3 of 8 1. The Chemicals that are in the gas cartridges are; Sulfur 10.84%, Charcoal 17. 34%, Red Phosphorus 3 .2%, Mineral Oil 19.09%, Sodium Nitrate 43 . 36%, and Sawdust 3 . 52%. C. The Contract Administrator will check area's treated for the squirrels/rodents on a bi-weekly basis. D. Burrows in areas receiving applications are filled three months from the first application given. E. Any work judged unsatisfactory by the Contract Administrator or his representative shall be redone at the Contractor's expense, and may be considered as grounds for termination of this Contract. Article VI - Insurance Contractor will be required to furnish a Certificate of Insurance in an amount of not less than one million dollars ($1, 000, 000) combined single limit for bodily injury and property damage. See Contract Sheet 8 .of 8. Article VII - Payment Clause The State will reimburse the Contractor monthly, in arrears, when applicable, as promptly as State fiscal procedures permit upon receipt of itemized invoices in triplicate. Invoices shall reference this contract number and shall be submitted to: DEPARTMENT OF TRANSPORTATION ATTENTION ACCOUNTS PAYABLE P O BOX 23660 OAKLAND, CA 94623-0660 The State will honor cash discounts and will make payment to the Contractor in accordance with the discount terms specified on the invoice, provided requirements of the contract have been met. Discount must be a minimum of 1/2 of 1% of the amount due but not less than $5.00. Article VIII - Funding Requirements It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature, for the purpose of this program. In addition, this agreement is subject to any additional Contract No. 04G916-MN Contract Sheet 4 of 8 restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms, or funding of this contract in any manner. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. The State has the option to void the contract under the '30-day cancellation clause or to ament the contract to reflect any reduction of funds. Article IX - Disputes Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Department's Contract Officer, who may consider any written or verbal evidence submitted by the Contractor. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on both parties to the contract on all questions of fact considered and determined by the Contract Officer. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the Contractor from full and timely performance in accordance with the terms of the contract. Articlr x - Retenion of Records For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq. , when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 10532, the Contractor, subcontractors and the State shall maintain all books, documents papers, accounting records, and other evidence peretaining to the performance of the contract, including but not limited to, the cost of ' administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period for three years from the date of final payment under the contract. The State, the State Auditor General, FHWA, or any duly authorized. representative of the Federal government shall have. access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Contract4G916-MN • Contractoeet 5 of 8 Article XI - Nondiscrimination Clause During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et . seq. ) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2 , Section 7285. 0 et seq. ) . The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of. the California Code of Regulations are incorporated into this contract 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. This contractor shall include the nondiscrimination. and compliance provisions of this clause in all subcontracts to perform work under the contract. Article XII - Statement of Compliance The prospective Contractor's signature, affixed herein and dated, . shall constitute a certification, under penalty of perjury under the laws of the State of California, that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2 , California Code of Regulations, Section 8103 . Article XIII - Termination The Department of Transportation reserves the right to terminate this contract upon 30 days written notice to the Contractor. Article XIV - Amendment This contract may be amended or modified only by mutual written agreement of the parties. Article XV - Subcontracting The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the State's Contract Manager, except that which is expressly identified in the Contractor's cost/bid proposal. • Cont No 04G916-MN ContIct Sheet 6 of 8 Any subcontract in excess of $25, 000, entered into as a result of this contract, shall contain all the provisions stipulated in this contract to be applicable to subcontractors. Any substitution of subcontractors must be approved in writing by the Contract Manager in advance of assigning work to a substitute subcontractor. Article XVI - Special Provisions The Board of Supervisors, County of Contra Costa, agrees, pursuant to Government Code Section 895.2, to indemnify and hold harmless the State of California from any liability imposed for injury (as defined in Government Code Section 810.8) caused by negligent or wrongful act or' omission occurring in the performance of this contract. Contract No. 916-MN i Contract Shee of 8 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA . RODENTS MATERIALS APPLICATION RATE Ground Squirrels Diphacinone . 01% 10 pounds/acre Aluminum Phosphide. 2-3 tablets/burrow Gas Cartridge 1/burrow o..b p v C o-r-e. �„p r v v Fo r' Lt s 'e- �-a2-93 ,r ` � •Ilii. �, _ •.:xi :,� Contract 04G916-MN Contract 4et 8 of -8 HPARTMENT OF TRANSPORTATION LIABILITY INSURANCE PROVISIONS DAS-0b'+-369 (4,/20,/0 ----------------------------------------------------------------- Contractor shall furnish to the State a Certificate of Insurance stating that there is liability insurance presently in effect for the Contractor with a combined single limit (CSL) of not less than $1, 000, 000 per occurrence. The Certificate of Insurance will provide: 1. The insurer will not cancel the insured' s coverage without thirty (30) days prior written notice to the State. 2 . The State, its officers, agents, employees, and servants are included as additional insureds but only insofar as the operations under this contract are concerned. 3 . The State will not be responsible for any premium or assessments on the policy. Contractor agrees that-the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, Contractor agrees to provide at least thirty (30) days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of the State, and the Contractor agrees that no work or services shall be performed prior to the giving of such approval . In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event. xil Ito 10 36 DEPARTMENT OF AGRICULTURE Contra Costa County Date: July 20, 1993 To: Phil Batchelor, County Administrator Attn: Lisa Driscoll From: John H. deFremery, Agricultural Commissioner - Director Weights & Measure Subject: County-State Ground Squirrel Contract The purpose of this memo is to request your Board execute a contract with the California Department of Transportation for the purpose of securing reimbursement for ground squirrel control work done on State highway rights-of-way within Contra Costa County. The amount of the contract is $12,000 covering the period of July 1, 1993 through June 30, 1994 . These funds are sufficient to fully reimburse the county for all expenditures incurred. Please have your Board Chairman sign all six copies of the contract. The Certificate of Self-Insurance has been requested from Risk Management. Return the signed documents to our office for further transmittal . JdF:sf Squirel.mem CONTRA COSTA COUNTY RECEIVED JUL 2 1 19m OFFICE OF COUNTY ADMINISTRATOR le ALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY 36 PETE WILSON, Governor PnQT TEPARTMENT OF TRANSPORTATION BOX 23660 OAKLAND, CA 94623-0660 (510) 286-4444 TDD (510) 286-4454 July 19, 1993 Contra Costa County Board of Supervisors 2366 A Stanwall Circle Concord, CA 94520-4807 Attached is contract # 04G916-MN for control of ground squirrels. Please sign and return along with the board resolution, order, or motion that approves or authorized execution of this contract. If you have questions please call Hazel Foster on (510) 286- 5788 . Thank You, Alan T. Parker District Contracts By: Hazel Foster Assistant District Contracts Officer