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HomeMy WebLinkAboutMINUTES - 09091997 - C95 TO: ° BOARD OF SUPERVISORS sE L _ Contra FROM: Edward P. Meyer, Agricultural Commissioner - Costa r.'�J Director of Weights & Measures / z Count DATE: August 15, 1997 SUBJECT: Caltrans Contract for FY 97/98 beginning July 1, 1997 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. This is a multi-year funded contract. Contract allotment per year is $9,750 . 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. Q ATTESTED &n)— , I �J ' Contact: B. Cruickshank PHIL BAT HELOR,CLERK OF THEOARD OF cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller BY �JIIAJXAA ` DEPUTY *STATE OF'CALIFORNIA APPROVED BY THF- STANDARD HESTANlD,4RD AGREEMENT ATTORNEY GENERAL CON TRACTNUMBER AM.NO. STD.2(REV.5-91) 04A0210 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION Nt1M8ER 94-6000509 THIS AGREEMENT,made and entered into this 1 St day of July , 1997, in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE ---j-AGENCY DIRECTOR DEPARTMENT OF TRANSPORTATION hereafter called the State,and CONTRACTOR'S NAME COUNTY OF CONTRA COSTA hereafter called the Contractor. WITNESSETH:That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulation of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows:(Set forth service to be rendered by Contactor,amount to be paid Contract r,tine for performance or completion, and attach plans and specifications. if any.) The entire agreement is contained on the following pages. CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement IN WITNESS WHEREOF,this agreement has been executed by the pates hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(IF OTHER THAN AN INDIVIDUAL,STATE WHETHER A CORPORATION,PARTtEM-0,ETC Department of Transportation County of Contra Costa BY(AUTHORIZED SIGNATURE BY(AUTHORIZED SIGNATURE) I va" 7 PRINTED NAME OF PERSON SIGNPG ell I PRINTED NAME AND TITLE OF PERSON SIGNI . Mapula Conley M e-r V I Sn V- TITLE ADDRE S 651 Pine Street Contract Officer Martinez,CA 94553 510-646-5250 AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY:CODE AND TITLE) FUND TITLE DEPARTMENT OF GENERAL SUMCE DOCUMENT USE ONLY $29,250.00 TRANSPORTATION State Hwy PRIOR AMOUNT ENCUMBERED FOR (OPTIONAL USE) Exempt from DGS Appro THIS CONTRACT ves xr Nefiee 41.6. ITEM CHAPTER STATUTE I FISCAL YEAR APPROVED $ 2660-001-042-2080 -7(n-7 97 97/98 f TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE(CODE AND TITLE) OCT 2 1991 DATE Source/Charge 04 690 EA 5C3000 Obj Code 7078 $29,250.00 hereby certify upon my own personal knowledge that budgeted funds e2 available for the T.B.A.NO. B.R.NO penod and purpose of the expenditure stated above DE"OF GENERAI.SERVICES SIGNATURE OF ACCOUNTING OFFICER DATE > 'I ,23 - ❑ CONTRACTOR 0 STATE AGENCY ❑ DEPT OF GEN.SER. ❑ CONTROLLER ❑ STATE OF CALIFORNIA STANDARD AGREEMENT r STD.2(REV.5-91)(REVERSE) 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor 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 the work in any manner deemed proper by the State. The cost to the State shall be deducted from any-sum due the Contractor under this agreement, and the balance, if:any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. :.011;�31W1010T930 1, i Contract No. 04AO210 County of Contra Costa Sheet 3 of 12 Article I. - Description A. Contactor shall furnish all labor, materials, equipment and appropriate chemicals for the control of ground squirrels and other burrowing rodents within Caltrans highway right of way in Contra Costa County by means of poison bait, fumigation, and traps. The work will be done on an as-needed basis as indicated by site conditions and time of year. B. The service will be provided at the request of the Contract Manager or his designee within 3 days of request. The Contract Manager or his designee will check the area's treated for the squirrels/rodents on a bi-weekly basis. C. The chemicals used and the rate of application shall be determined by the Agricultural Commissioner, but shall be restricted to the following chemicals and application rates*. 1. Aluminum Phosphide (.01%) 2-4 pellets per burrow 2. Chlorophacinone (.01%) @10 lbs/acre- 3 applications per week 3. Diphacinone (.01%) @10 lbs/acre- 3 applications per week 4. Diphacinone (.005%) @18 lbs/acre- bait station 5. Chlorophacinone (.005%) @18 lbs/acre- bait station 6. Gas Cartridges** 1 cartridge per burrow 7. Phostoxin Tablets 2 tablets.per burrow 8. Zinc Phosphide (1%) @ 6 lbs/acre 9. Zinc Phosphide (2%) @ 6 lbs/acre swath * The authorized amount is an estimate only. ** The chemicals that are in the gas cartridges are; Sulfur 10.84%, Charcoal 17.34%, Red Phosphorous 3.2%, Mineral Oil 19.09%, Sodium Nitrate 43.36 and Sawdust 3.52%. D. Application of chemicals shall be as follows: 1. Dicphacinone .01% a. Applied every other day (48 hour intervals)for three applicatons. b. When spread by menchanical spreader, the rate is not to exceed 10 lbs. ber acre per aplication. When applied as spot treatment, a handful of bait spread over 40 to 50 square ft., every other day, for 3 or 4 applications will suffice. Contract No. 04A0210 County of Contra Costa Sheet 4 of 12 2. Gas Cartridges Active burrow and ignited. Once cartridge is burning,burrow.entranace is sealed with dirt. These are only used when the grass cover is green and the soil has substantial soil content (very early spring) 3. 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. a. Control of the squirrels/rodents by use of treated grain. It is understood that only anticoagulant treated grain shall be used. b. For fumigation work, aluminum phosphide and/or Smoke bombs (Gas Cartridges)will by used. 4. The burrows in the areas receiving applications will be filled three months from the first application given. D. The Contractor shall wear all required personal protective equipment as specified by the label of the applied rodenticide, and follow all safety precautions specified by the same label E. The Contractor shall provide traffic control for shoulder work as determined by the Contract Manager or his designee. 5 F. Job assignments and work sites shall be identified by task order issued by the contract manager or his designee. G. Any work judged unsatisfactory by the Contract Manager or his designee shall be redone at the Contractor's expense, and may be considered as grounds for termination of this Contract. H. The Contractor shall assume responsibility for protecting pedestrians, children and pets from exposure to poison bait and/or fumigants and traps. I. The Board of Supervisors, County of Contra Costa, agrees pursuant to Government Code Section 895.4, to indemnify and hold harmless the State of California from any liability imposed for injury (as defined by Government Code Section 810.8) caused by a negligent or wrongful act or omission occurring in the performance of this agreement. Article II. - Contract Management Caltrans Contract Manager is Clyde Harris, 510-926-6113 Contract No. 04AO210 County of Contra Costa Sheet 5 of 12 Article III. - Contract Period This contract shall begin on July 1, 1997, contingent upon approval by the State, and expire on June 30, 2000, unless extended by amendment. Article IV. - Cost Limitation A. , Total amount of this contract shall not exceed $29,250.00. B. It is understood and agreed that this total is an estimate and that the State will pay only for those services actually rendered as authorized by the Contract Manager or his/her designee. Article V. - Rates A. Labor per hour for each person $24.46 B. Equipment (Chemical truck) per mile $ .28 C. Materials used 1. Aluminum Phosphide (.01%) $ .10 per pellet 2. Chlorophacinone (.01%) $1.25 per lb. 3. Diphacinone (.01%) $1.25 per Ib. 4. Diphacinone (.005%) $1.25 per lb. 5. Chlorophacinone (.005%) $1.25 per Ib. 6. Gas Cartridges $ .52 per cartridge 7. Phostoxin Tablets $ .25 per tablet 8. Zinc Phosphide (1%) $1.25 per lb. 9. Zinc Phosphide (2%) $1.25 per lb. Article VI. - Materials/Supplies The Contractor will be reimbursed for the actual cost of materials/supplies purchased to be consumed or installed at the worksite in performance of the contract (including applicable sales tax), without additional allowance for markup. Contractor costs associated with the purchase and installation of materials/supplies are considered as a component of the Contractor's hourly rate for services that include wages, overhead, general and administrative expenses and profit. Cost of materials/supplies are to be substantiated by a copy of the appropriately signed invoice verifying the actual cost and delivery of the replaced components to the Department. Contract No. 04A0210 County of Contra Costa Sheet 6 of 12 Article VII. - Payment A. The State will reimburse the Contractor monthly in arrears as promptly as State fiscal procedures permit upon receipt of itemized invoices in triplicate. Invoices shall reference this contract number and shall include the following information. 1. A copy of the task order issued 2. Date of service 3. Location of service 4. Labor, number of hours for each person 5. Equipment mileage, itemized 6. Materials, itemized B. Invoices shall be submitted to the Contract Manager at the following address: Department of Transportation East Bay Region Attn: Clyde Harris 600 Lewelling Boulevard San Leandro, CA 94579 C. The State will honor cash discounts and will make payment to the Contractor in accordance with the cash discount terms specified on the invoice, provided requirements of the contract have been met. Discount must be a minimum of one half of 1% of the amount due, but not less than $100.00. D. This is a multi-year funded contract. Contractor shall not commence work, or exceed any fiscal year allotment as listed below without the approval of the Contract Manager. FISCAL YEAR* CONTRACT ALLOTMENT 1997/1998 $9,750.00 1998/1999 $9,750.00 1999/2000 $9,750.00 TOTAL CONTRACT $29,250.00 *Fiscal year begins July 1 and ends on June 30. Article VIII. - Nondiscrimination A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial Contract No. 04A0210 County of Contra Costa Sheet'7 of 12 of pregnancy disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and sub- contractors 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 (a-f), 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. B. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. Article IX. - Statement of Compliance The Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the Contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. 1 - Article X. - Funding Requirements A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or legislative appro- priation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This contract 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 contract 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. C. 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. Contract No. 04A0210 County of Contra Costa Sheet 8 of 12 D. The State has the option to void the contract under the 30-day termination clause or to amend the contract to reflect any reduction of funds. Article XI. - Americans with Disabilities Act By signing this contract, Contractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) Article XII. - Retention of Records/Audits 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 8546.7, 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 costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and forthree years from the date of final payment under the contract. The State, the State Auditor, 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 XIII. - Termination The Department of Transportation reserves the right to terminate this agreement without cause upon thirty (30) days written notice to the contractor or immediately in the event of material breach by the contractor. Article XIV. .- Change in Terms/Amendment This contract may be amended or modified only by mutual written agreement of the parties. . Article XV. - Disputes A. Any dispute concerning a question of fact arising under this contract that 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. Contract No. 04A0210 County of Contra Costa Sheet 9 of 12 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. B. 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. Article XVI. - 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. Article XVII. - Liability Insurance Provisions The County shall furnish the State with evidence of self insurance prior to execution of this contract Article XVIII. - Minority, Women, Disabled Veterans Business Enterprise (MBE/WBE/DVBE) Participation (Without Goals) The State has established no goals for the participation of MBE/WBE/DVBE for this contract. However, the Contractor shall be fully informed respecting the California Public Contract Code Section 10115 et seq., which is incorporated by reference. Contractor is urged to obtain MBE/WBE/DVBE subcontractor participation.should clearly defined portions of the work become available. Article XIX. - Failure To Pay Should Cities or Counties fail to pay monies due the State within 30 days of demand or within such other period as may be agreed between the parties hereto, State, acting through the State Controller, may withhold an equal amount from future apportionments due Cities or Counties from the Highway Users Tax Fund. Article XX. -.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 Contract No. 04A0210 County of Contra Costa Sheet 10 of 12 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 notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, 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 contract 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. Article XXI. - Cost Principles A. The Contractor agrees to comply with Federal procedures in accordance with Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments. B. The Contractor also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under Office of Management and Budget Contract No. 04A0210 County of Contra Costa Sheet 11 of 12 Circular A-87 or CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment.by Contractor to State. Article XXII. - Laws to be Observed The contractor shall keep 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, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with, and shall cause all 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. The contractor shall protect and indemnify the State of California and all officers and employees thereof connected with the work against any claim, injury, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the. contractor, a subcontractor, or an employee. If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or contract for the work in relation to any such law, ordinance, regulation, order, or decree, the contractor shall immediately report the same to the contract manager in writing. Article XXIII. - Specific Statutory Reference Any reference to certain statutes in this contract shall not relieve the contractor from the responsibility of complying with all other statutes applicable to the service, work, or rental to be furnished thereunder. Article XXIV. - Equipment Indemnification The contractor shall indemnify the state against all loss and damage to the contractor's property-or equipment during its use under this contract and shall at the contractor's own expense maintain such fire, theft, liability or other insurance as deemed necessary for this protection. The contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this contract or by operations of the contractor or the contractor's employees under this contract. Article XXV. - Inclusive Costs The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Contract No. 04AO210 County of Contra Costa Sheet 12 of 12 contract bond premiums, and any other taxes or assessments INCLUDING SALES AND USE TAXES required by law or otherwise shall be included in the price bid and no additional allowance will be made thereof, unless separate payment provision should specifically so provide. Article XXVI. - Non-Solicitation 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 commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained or contracted 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, paying 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 contingent fee.