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HomeMy WebLinkAboutC.C. 03 CALTRANS CONT 02-18-92CONSENT CALENDAR NO. 3 2-18-92 Intc)r-Co«i '•.� T = FEBRUARY 3 , 19 9 2 j" WILLIAM A. HUSTON, CITY MANAGER V R, C)TO: POLICE DEPARTMENT S �-' [3,i EC11- CALTRANS TRAFFIC CONTRACT RENEWAL Recommendation That Council approve renewal of the attached contract with the Department of Transportation for reimbursement of money spent for traffic control during the I-5 and SR -55 construction. Background Last year Council authorized the attached contract for $45,000 for reimbursement from the State of California to the City of Tustin for Police Officer time spent during traffic control for the next twelve months. The contract needs to be renewed for 1992. City Attorney Jim Rourke approved and authorized the contract in August of last year. The attached contract is the same as was approved. We would recommend approval of the contract at this time. LLZ� clu-� W. DOUGLAS FRANKS Chief of Police WDF:SF: dh FEE -03- ' 92 MOrl 15:52 I D : T. 0. CA AREA TEL M0: 714-547-C3ll L') COMPACTOR STATE OF CALIFORNIA tJ CALTAANS DEPARTMENT OF C1 W vl. OF GEN SEP. D MI14 ODEA ATRANSPORTATION HUMIN u tt973 P0? 1 6 ShAAt ........... of ...... Co. '}loris ...► 8"W" be �ouar tNsw 61arraua iia Lle W►+CCt �r PAWL ■e �En at07 M acaT RM mer 101 LLM.- "1s' ,ocnnc. FUNDING: � sisal e &%M NQL 2 3 000477 130004 132 5==8, 000.00 92 [3 ISTATE JOINT I FEDERAL 660-001-042_20. 1. 1 R/91. 91 91/92 12G0?.7 CONTRACTNO. ............................. ".^+y 0—my upon oar we w.,v.r swveome art avow*# P4100 am $084aw The nrmos►to M shoo an AN e,roitrs r.wr 044 OWPOW Of I>r AdPWPOORM 098M seers •,�.:��.w w A=~** orram ! SANTA ANA , CALIFORNIA SANTA . . . . • ANA . . . . . • . • • • . • . • . . . . . . . . October 1, 1991 Date........................................ City of. T17Rti n, Pnl. i.r..p DppartTnpnt ( 714) 544-5424 ContractorsNam ................................................ Phone ..................... P.O. Box 3539, Tustin;1��°1'�81 Addross..................................................................•.............._... LlCe,w Me ons Cray The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Depart- ment of Transportation In aocordance with the provisions on BOTH SIDES Of this form and on the attached sheets, and he agrees to receive and aocept as full compensation therefor the prices named herein. The consideration to be paid Contractor, as provided herein, Shall be in�$ Eampt Fr" compensation for all of Contractors expenses Incurred In the performance ' a'�"DWI[ o'QWW`Igo Ices A'"L hereof, Including travel and per diem, unless otherwise expressly so provided No alteration orveriation of the terms of this contrartshall be valid unless DGS EXERTION made in writing and signed by the Mies hereto, and no oral understanding Notice #11-4 or agreement not Incorporated herein shall be binding on any of the parties hereto The said Department of Tranoportatlon hereby agrees to the terms as set forth hereim and hereby agrees to pay the same, provided that by mutual written consent this agreement may be 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 eat their hand the year and date first alluvc written DEPARTMENT OF TRANSPORTATION CONTWTOR By .. . , • City of Tustin, Police Department Fri Joe Hecker, Deputy DiaLric:t Director wff. Traffic Operations By..... _ . _ .. _ .... . ..... ..•........ . . . . . • . . . . . • . . . . . . • • • . . • • • • • • • • • . . . . . . . . . . . . . Approved by...................... T,r.a,•�, r'rank R. lborunda, District Contract �r . f i cpr................... . . . . . . . . . • Federal I.D. Number 1.4. ^us,. •its• PER -33-'92 MON 15-52 I D : T. 0. CA AP.EA TEL HO: 714-5 1'7-234 1 tt973 P03 Contract No. 12GO27 Shoot 2 of 6 I. DESCRIPTION The City of 'Tustin (City) shall furnish all labor, supervision, matoriale and equipment necessary to provide police off icere to control traffic on an asp-nPRdRd hAS19 At major. intersections- in the City of Tustin. Said l.rditiu c uritrol is beyond the standard of regular traffic control that the City normally providoo at intersections within its jur.isdic:tinn. II. CONTRACT ADMINISTRATOR The Contract Administrator will be T.H. Wang, (714) 724-2316. III. CONTRACT PERIOD 'Phis Contract shall begin on October 1,1991, contingent tipon approval by the State, and expire on SepLemb'er 30, 1992. IV. COST I,IXITATI ON Total amount of this contrarrt shall not exceed $48,000.00. It is understood and esyreed Uidt this total is an estimate and that the State will pay only for thoso ccrvicco actually rendered as authorized by the Contract Administrator or his/her designee. V. SPECIAL PROVISIONS A. Police officers shall control traffic aL major intersectionu in tha City to mitigate the effects of ineroasod traffic on local sLreeL6 caused by the widening and re -construction o2 the I-5 freeway and the I-5/SR-55 interchange. B. Polioc officcro shall be provided on an as -needed basis, subject to of f..i cPr ava i.l.ahi.lit.y, upon request by the Contract Administrator. C. The City agrAAa to comply fully with all of the provisions on the rcverba side of the Contract Sheet I and these provisions shall become a part of the contract. VI. RATES $27.48 per hour, per officer VZI. PAYRLNT A. The Srat:A will reimburse the City monthly in arroars as promptly ab SLaLe fiscal procedures permit upon receipt of itemized invoices in triplicate. Ihvoiccz shall reference this contract number and shall be submitted to the following address: FEE -03)-'92 MOM 15: 53 ID: T. C. CA AREA TEL N0:714 -547-G344 tt973 PO4 Contract No. 12V027 Sheet 3 of G uepartment of Transportation Accounts Payable Dranch 2501 Pullman Street' Santa Ana, CA 92705 B. Contractor shall also submit a signed itemized invoice referencing this contract number, in triplicate, which shall be submitted within thirty days of services rendered to the Contract Administrator at the following address: T. H. Wang Department of Transportation 2501 ruilman Street Santa Ana, CA 92705 C. The State will honor cash discounts and will make payment to the City in accordance with the cash discount terms specified on the invoice, provided requirements of the contract have been met. D. Discount must be 'a minimum of 1/2 of l% of the amount duo, but not less than SS.uu. vI r 1. AMENDMENTS Thi© contract may be amended or modified only by mutual written agranmPnt of the parties. IY. TRRMINATION The Department of Transportation reserves Lhe right, to terminate this agrepment upon thirty (30) days written notice to the Contravlvr. Z. MUTUAL HOLD HARMLESS CLAUSE It is understood and agreed that, pursuant to Covornment Code dec:tion 895.4. State and public entity shall defend, indemnify and hold harmless each other and the officers anis emplcyeds of each party from all claims, suits, actions or liability for injury (ds defined in Government Code section 810.8) resulting from anything dono or omitted to be done by that party in connection with work, responsibilities or services to be performed by that par Ly uade-.v Lhis agreement. %I. NONDISCRIMINATION A. During the performance of this conrrarr_, rontr^ctor and its subcontractors shall not unlawfully disurimiudte against any employee or applicant for cmployment because of race, religion, color, nstional nrigi.n, ancestry, physical FEB -03-1-'92 MOI 1 S : S3 I D : T. 0. CA AP.EA TEL NO: 711-S47-2311 tt973 PCIS Contract No. 12GO27 Sheet 4 of 6 handicap, medical condition, marital atatuo, age (over 40) or BOX. Contractor and subcontractors shall comply with the y.cvvibiviib of Lhe Fait EstiyluyillcilL atul Muualny At;L (GVVtM1U1LU1LL Code, Section 12900 et seq.) and applicable regulations promulgated thereunder (California Administrative Code, 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 Administrative Code are incorporated into this contract by reference and made a part liereuf a5 if set furter; in full. Contractor and Its subeontraetore shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. B. Contractor shall include the nondiscrimination and compliance provisions of this claucc in all oubcontracto to perform work under this contract. C. Appendix A, relative to nondiscrimination on federally - assisted pro)ects, is attached hereto and made a part of this contract. D. Contractor shall comply with Title vI of the Civil Rights Act of 1964, as amended. Accordingly, 49 CFR 21 through Appendix C. and 7.3 CFR 710.405(h) ars- ApplIcable to this contract by reference. XII. S'1'A EMENT OF LUMPLIMCK The Contractor's signature affixed hereon and dated shall . c:unatitute a certification under the penalty of perjury under the laws of the Statc of California that tho biddor has, unleaa exempted, complied with the nondiscrimination progrAm requirements of Government Code Section 12990 and TiL•le 2, California Administrative Code, Section 8103. uIiI. ETNDING REQUIREMENTS A. 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, fox Lhe Mu Lual beitef i t of both parties in order to Avoid rrogram and fiscal delays that would occur if the dyreement were executed after that determination was made. 8- This agreement is valid and enf.orc Bahl A only if s» f f fn i int funds are made available to the SLaLe by Lite United Statua Government or,the California State Legislature for the purpose of this program. in addition, this agreement is eubjoet to any additional restrictions, limitations, FEE -03-'92 MOM 15-5,1 ID: T. 0. CA AP.EA TEL tt9?3 POG Contract No. 12GO27 Sheet 5 of 6. conditions or Any statttt-e enacted by t.ho Congress or the SLaLw LeyisldLure 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. D. ThP StatP hAA the option to void the contract under the 30 - day cancellaLlul1 ulau5e ur to ditie d the contract to reflect any reduction of -funds. XIV. RETENTION OF RECORDS/AUDITS For the purpose of determining compliance WIL11 Public ColiLracL Code 10115, et seq., Sections 999 at seq. of the Military and veterans Code and Title 2, California Code of Regulations, Section 1696.60 et seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code 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 costs of administering the contract. All parties shall make such materials avai.lahlP at Their respective offices at all reasonable times during Lhw uunLreiuL period for three ,years from the date of final payment under the contract. The State, the State Auditor Gunfdral, FHWA, or any duly authorized representative of the rederal government shall have acccac to any books, records, and documents _ of the contractor that are pertinent to the contract for aiidit_s, examinational excerpts, and transactions, and copies thereof shall be furnished if requested. --- FEE -133-'92 MOtii 15:55 ID: T. O. CA AP.EA TEL r10: ?14-517-2311 tt973 P07 DEPARTMENT OF TRANSPORTATIAN APPENDIX A ntfact No. 1 )GO» M-9-1 During the pe►iormam;y (if this contract, the contractor, for Itself, its assignpPs And successors in intereet (horeinatter referred to as the `Contrantne) 80roes as follows: (1) Compliance with Regulations: The contractor Miall dimply with regulations relative to TitiP Vi (non-discrimination In federally -assisted programs of the Department of Transportation - Title 40 Code of f-ederai Reguldtiuns Part 21 - Effectuation of Title VI of the 1964 Civil Rights At;i). Tille VI provides that the recipients of federal -assistance will implement and maintain a policy of non- disc rim inatinn in which no person in the otato of California shall, on the lidsi3 of race, color, national origin, religion, sex, age, diseUility, be excluded from participation in, denied the benefits of or subjected to dlsCrimination under any program nr artivity by the recipients of federal oasistancc or their assiyrrees and successors In int©roct. (Z) Non-discrimination: The contractor, with repaid to the work performed by it during the contract shall act in accordance with Title VI. Specifically, the Contractor shall not discriminate on the baric of raco, color, national origin, rtiliyiuri, sex age, or disability in the scioction and retention of suUvontractors, Including procurement of materials and leases of eQuipment. The contractor Shall not oarticloate sithpr riirectly or indirectly in the discrimination prohibited by Section 91 S of the U.S. DOTS Reguiationc, including employment practit;ez when the contract Covers a program whose goal is employment. (3) 801iCitations for Subcontracts, including Procurements of Materials and Etauipment: In All solicitations, either DY Competitive bidding or negotiation made by the contractor for work to be performed under a suUountract, Including procuremcnt3 of materials or leases of eryuiprlrent, each potential subcontractor or supplier Rhsll be notified by the contractor of the contractor's obligatinnc ender this contract and the Rcgulotions relative to non-discrimiridtivn on the grounds of race, color or national origin. (4) Information and Reports. The contibCtvi stwil provide all Information and reports required by the Regulations, or directives issued pursuant tharQto, and shall permit access to its books, records, accounts, other sources of information, and Its facilities as maybe determiner;! Ly 11it7 State Department of Transportation or the FAdAral Highway Administration to be pertinent to ascertain cnmplianne with such Regulatione or dircotivc3. Where any information squired of a contractor is in the exclusive possession of ariylher wno falls or refuses to furnish this informatinn, the contractor shall so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall got forth what efforts it hes made to obtain the infurrridtivn. (5) Sanctions for Noncomplianao: In the event of the contractut't; riuncompllance with the non-discrimination provisions of this contract, the State Department of Transportation shall impose such contract eanctiono 813 it or the Federal Highway Administration may determine to be appropriate, includiiiy, but not limited to: (a) withholding of payments to the contractor under the contract ul)lil the contractor complies, and/or (b) cancellation, termination or sucpenaion of the contract, in whole ur in part. (8) Incorporation of Provisions: The contractor 311811 include the provisions of paragraph (1) through (b) in every sutr contract, inulutlirig procurements of materials and leases of equipment, unlP4c exempt by the Regulations, or directive* iSALIed pursuant thereto. The contractor will take such action with respect to any subcontractor or procurement as the State Depaamt;nt of Trarrbporlation or the Federal Highway Administration may direct as a means of enforcing tush provisions including nAnrtions for noncompliance: Provided, howcver, that in the event a contractor becomes involved IN or is threatened with, litiydtion with a subcontractor or Supplier as a result of dish direction, the contractor may request the Statp DppartmAnt of Transportation to enter into ouch litigation to protect the iiitarest of the State, arid, in addition, the contractor may toyuest the Unitea States to enter Into such litigation to protect the interests of the United States. a 0ACnPM.1?61 14Ev. 4.06b rEDEDAL PONDS; OVFp 91.000