HomeMy WebLinkAboutMINUTES - 01241995 - 1.33 � 33
BOARD OF SUPERVISORS
... Contra
-_- iJohn. H. deFremery, Agricultural Commissione •:F'--
Costa
Director Weights & Measures
;r
County
:,.,.I.
DATE: January 10, 1995
SUBJECT: Caltrans Contract for the period October 1, 1994 through
September 30, 1995
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Approve and authorize Chair, Board of Supervisors to execute an
Agreement between the County and State of California, Department of
Transportation. The amount is not to exceed $13, 000 for ground squirrel
control adjacent to State highways for the period October 1, 1994
through September 30, 1995 .
BACKGROUND
Since FY 1981-82 the county has contracted with Caltrans for
reimbursement of county. costs for control of ground squirrels along
State highways .
The amount and flexibility of this contract will allow the County to
fully recover all County costs .
I
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 4 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORSON THE/DJATE SHOWN.
CC: Auditor-Controller ATTESTED JAN � '$
contact: Ed Meyer 646-5250 PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 /88)10 BY �� DEPUTY
(
[—j STATE OF CALIFORNIA
DEPARTMENT OF Sheet .... ...... of
[:] $
CALTRANS,,•. •• . ......
C:] DEPT.OF GEN.SER.
[� CONTROLLER TRANSPORTATION ...........Route ............P.M
❑ ADMIN.
SOURCE CIARGE EIV AMSPECIAL DESIGNATION
ENCUMBRANCE
GEN LED SUB•ACC7 = RnNue-JOB I MO SECT �AMOU CREDIT FISCAL DOCUMENT
PARCTEAR
OLST Van DIST UNIT = LOCATION FUNDING:
YORK ORDER NO g BRIDGE NO ETC
04640 04XXX 5C3000 ' 7078 $9 ,750. 00 9A� 1-F5t (-LS ® STATE.
❑ JOINT
04640 04XXX 5C3000 7078 $3 , 250._00 9-5' ❑ FEDERAL
i
ITEM CNAMR STATUTES —7�
660-001 -042-20. 80 139 94-9495-96
CONTRACT NO. 04H521 -MN
I hereby certify.upon my own personal knowledge that budgeted fundi are availaole - ,This number to be Weed on NI Nmwlcea
for the period and purpose of the expenditure stated above
SIGNATURE OF AC JIG OFFICER DATE , • • OAKLAND: . .. . . .. . . . . .. . . . . .CALIFORNIA,
Date . .. . . . . . . . . . . . . . . .
Contractors Name , , CONTRA_COSTA .COUNTY. BOARD.OF .SUPVS... . .Phone 51.0 ) 6 4 6-5 250
(Please big as above►
Address . . .651. Pine. Street, . Martinez.,. .CA . . 94553
. . . . . . . . . . . . . . . . . . . . . . . . . . .
License No.and Class
The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the. Depart-
ment of Transportation in accordance with the provisions on BOTH SIDES of this form and on the
attached sheets, and he agrees to receive and accept as full compensation therefor the-prices named
herein.
The consideration to be paid Contractor, as provided herein,shall be in fR Exempt From
compensation for all of Contractor's expenses incurred in the performance Department of General Services Aporoval
hereof, including travel and per diem, unless otherwise expressly so
provided
r
No alteration orvariation of the terms of this contract shall be valid unless
made in writing and signed by the parties hereto,and no oral understanding
I or agreement not incorporated herein shall be binding on any of the
parties hereto.
The said Department of Transportation hereby agrees to the terms as
set forth herein,and hereby agrees to pay the same,provided that by mutual
written consent this agreement maybe modified and that the State reserves
the right to terminate this agreement upon written notice to the Contractor.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first
above written.
ARTMENT OF T 0RTATION CONTRACTOR
By _ . . . . . . . , ._ . . . . . . . _ . _ . , . CONTRA .COSTA. COUNTY. BOARD OF :SUPVS
Minn Name
By . .. . .. :� . . . . .. . . . . . . . . . .. . . . ..
. . . . . . . . .. . . . . . . . . . . . . . .
Approved by . . . . . . . . . . .. . nti.«aa.iE«+. .. . .. . . . . .
. . . . . . . . . .f�- . . .. . . . . .
FederalLD.Number
DASOSM•1204(REV.6/89) .\ta;!'�r•.'I•;Ipi t••j10lICY
t' A. \illnnu 'a Rtxurccc ��/
A. The Contractor shall keep himself fully informed of all existing and future State and Federal laws-'and
county and municipal ordinances and regulations which in any manner affect those engaged or employed
in the work,or,the bodies or tribunals having any jurisdiction or authority over the same.He shall at all times
observe and comply with,and shall cause all his agents and employees to observe and comply with all
such existing and future taws,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 to any such law, ordinance, regulaticn, order or decree the Contractor shall forthwith
report the same to the State in writing.
B. The Contractor agrees to indemnity, defend and save harmless the State, its officers, agents and
employeesfrom any and all claims and losses occurring or resulting to anyand all contractors,subcontrac-
tors, materialmen, laborers and any other person,firm or corporation furnishing or supplying work,ser-
vices,materials orsupplies in connection withthe performance of this contract,and from anyandallctaims
and losses occurring or resulting to any person,firm or corporation who may be injured or damaged by the
Contractor in the performance of this contract
C. The mentioning of_certain statutes in this contract shall not relieve the Contractor from the responsibility
of complying with any other statutes applicable to the serv+ce or rental to be furnished hereunder.
D. The Contractor shall indemnitythe Stateagainstall lossanddamage totheContractor's property or equip-
ment during its use under this contract and he shall at his 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 law for property damage or personal injuries caused by defective equipmentfur-
nished under this contract or by operations of the Contractor or his employees under this contract
E The cost of employer payments to or on behalf of employees,subsistence,travel,comperfsation 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 be provided for.
F. The 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 State of California
G. The Contractor warrants, by execution of this contract that no person or selling agency has been
employed or retained to solicit or secure this contract upon an agreement or understanding for a commis-
sion,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 State shall have the right to annul this contract without liability,pay-
ing only for the value of the work actually performed or in its discretion,to deduct from the contract price or
consideration,or otherwise recover,the full amount of such commission,percentage,brokerage or con-
tingent fee.
t,
H. Pursuant to the authority contained in Section 591 of the Vehicle Code,the Department has determined
that within such areas as are within the limits of the project and are open to public traffic,the Contractor �.
shall comply with all of the requirements set forth in Divisions,11,12,13,14 and 15 of the Vehicle Code.The
Contractor shall take all necessary precautions for safe operation of his equipment and the protection of
the traveling public from injury and damage from such equipment
I. The State may terminate this agreement and be relieved of the payment of any consideration to Contrac-
tor should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided.In the event of such termination the State may proceed with theworkin any mannerdeemed pro-
per by the State.The cost to the State shall be deducted from any sum due the Contractor underthis 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 is of the essence in this agreement
L *In accordance with Public Contract Code 10296,a Contractor who is not apublic entity,by signing this
contract hereby swears under penalty of perjury that not 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 of the Contractor's failure to comply with an order of.a federal court which orders him to
comply with an order of the National Labor Relations Board
Approval Recommended By:
�`O�s-0BM•�=S�igEV 61891.
Contract No. 04H521-MN
Contract Sheet 2 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, 1994 contingent upon
approval by the State and notification from the Contract
Administrator to begin work, and expire no later than September 30,
1995 unless extended by supplemental agreement.
Article III - Cost Limitation/Rates
A. LABOR $24 .46 per hour
EQUIPMENT $ . 28 per mile (Chemical Truck)
B. MATERIALS
1. Rodent Bait Diphacinone . 01% $1. 21/lb
2 . Aluminum Phosphide . 01% $ . 10/tablet
3 . Gas Cartridge $ . 45/ea
TOTAL AMOUNT AUTHORIZED UNDER THIS CONTRACT NOT TO EXCEED:
$13, 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.
Contract No. 04H521-MN
Contract Sheet 4 of 8
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
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 amend 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 not its consideration by the
Contract Officer will excuse the Contractor from full and timely
performance in accordance with the terms of the contract.
Article X — Retention 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,
i
Contract No. 04H521-MN
Contract Sheet 5 of 8
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 pertaining 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.
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 Calif-ornia 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.
Appendix A, relative to nondiscrimination on federally" assisted
projects, is attached hereto and made a part of this.-contract.
Contractor shall comply with Title. VI of the Civil rights Act of
1964, as amended. Accordingly, 49 CFR 21 through Appendix C and 23
CFR 710. 405 (b) are applicable to this contract by reference.
I,
Contract No. 04H521-MN
Contract Sheet 6 of 8
.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.
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. 04H521-MN
Contract Sheet 7 of 8
. Article XVII -_ Drug-Free Workplace Certification
By signing this contract, the contractor hereby certifies under
penalty of perjury under the laws of the State of California that
the contractor will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code section 8350 et. '- seq. ) and
.will provide a drug-free workplace by doing all of the Following:
A. Publish a statement notfying employees that unlawful
manufacture, distrubution, dispensation, possession, or use of
a controlled substance is prohibited and specifying actions to
be taken against employees for violations, as required by
Government Code Section 8355 (a) .
B. Establish a Drug-Free Awareness Program as required by
Government Code Section 8355 (b) , to inform employees about all
of the following:
(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. Provide as required by Government Code Section 8355 (c) that
every employee who works on- the proposed contract or grant:
(1) will receive a copy of the company's :drug-free
policy statement and
(2) will agree to abide by the terms of the company's
statement as a condition of employment on the
contract or grant.
Failure to. comply with these requirements may result in suspension
of payments under the contracts or termination of the contract or
both and the Contractor may be ineligible for award of any future
state contracts if the department determines that any of the
following has occurred: 1) the contractor has made a false
certification or 2) violates the certification by failing to carry
out the requirements as noted above.
Contract No. 04H521-MN
Contract Sheet 8 of .8
Article XVIII - Budget . Disclaimer/Federal 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 avoidprogram 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
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 amend the contract to reflect any
reduction of funds.
Contract No. 04H521-MN.
Contract Sheet 8 of 8
DEPARTMENT OF TRANSPORTATION
LIABILITY INSURANCE PROVISIONS
DAS-OBX F-369 .(4/220/88)
-----------------------------------------------------------------
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. .
Contract No 04H521-MN
Attachment A
RODENTS MATERIALS APPLICATION RATE
Ground Squirrels Diphacinone . 01% 10 pounds per acre
Aluminum Phosphide 2=3 tablets per burrow
Gas Cartridge 1 per burrow
The above materials are approved for use
John A. Silva
Landscape Specialist
Date
Depart of Agriculture
04H521-MN
H
P Contra John de Freme?y
Agricultural Commissioner-
2366A Stanwell Circle Costa
Oirector Weights and Measures
s
Concord, California 94520-4807 J
(510) 646-5250I I Contract No.
-FAX (510) 646-5732 County 04H521—MN
.Branch Office _, e s
Attachment B
724-3rd Street
Brentwood,California 94513-1360
(510)634-5682
FAX(510)634-2201
sra-coat+'
August 1, 1994
Attention: Eleanor Zebbs
CalTrans Contract Office
111 Grand
P.O. Box 23660
Oakland, CA 94623-0660
Re: Contract No. 04G916-MN renewal
The following would be the Cost Limitation/Rates applied to a
future reiiewai of this contract:
A.Labor $24 . 46 per hour
Equipment $ . 28 per mile (Truck)
B.Materials
Robent Bait (Diphacinone .01%) $1 .21/lb
Aluminum Phosphide . 01% $ . 10/tablet
Gas Cartridges $ .45/each
If you have any questions I can be reached at 510 646-5250
Sincerely,
Edward Meyer '
Chief Deputy
Agricultural Commissioner/Sealer