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HomeMy WebLinkAboutCC 8 CALTRANS TRAFFIC 10-19-92CONSENT CALENDAR NO. 8 10-19-92 L I O Inter -Com DATE: OCTOBER 1, 1992 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: POLICE DEPARTMENT SUBJECT: CALTRANS TRAFFIC CONTRACT RENEWAL Recommendation That Council approve the 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. Backaround Since 1990, Council has authorized the attached contract for $45,000 for reimbursement from the State of California to the City .— of Tustin for Police Officers' time spent during traffic control for the next twelve months. The contract needs to be renewed for 1993. City Attorney, James Rourke, approved and authorized the contract in August 1990. The attached contract is exactly the same as was approved. We would recommend approval of the contract at this time. . DOUGLAS FRANKS Chief of Police WDF:dh ❑ CONTRACTOR ❑ CALTRANS DEPT. OF GEN. SER. CONTROLLER ADMIN. ❑ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sheet ..1....... of ..?...... Orange Co............. Route ............P.M. SOURCE CHARGE EXP AUTN SPECIAL DESIGNATION ENCUMBRANCE GEN LED SUB -ACCT NO ACCT „i OBJECT AMOUNT FISCAL DOCUMENT R/W PARCEL NO DEBIT OR CREDIT YEAR DIST UNIT DIST UNIT LOCATION FUNDING. WORK ORDER NO g BRIDGE NO FTC ITEM FISCAL YEAR hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER I DATE ❑ STATE JOINT ❑ FEDERAL CONTRACT NO. 12G027. A/1 . . ..... . ........ . This number to be placed on all invoices Santa Ana , CALIFORNIA, .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date September ,14.,..19 9 2 . , Contractors Name Tg$ f. J?ptj#e ,Department, , , , , , , Phone 7,14-544-5424.. , , . . (Please bill as; Address.............................................. 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 compensation for all of Contractors expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. 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 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 may be modified and that the State reserves the right to terminate this agreement upon written notice to the Contractor. ® Exempt From Department of General Services Approval DGS EXEMPTION NOTICE #11-5 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written. DEPARTMENT OF TRANSPORTATION CONTRACTOR By .......................................... . Uty. At. TA11 t i.A & . FP.1 ic,- . Qep4.tAg4t_.. . -� Joe Hecker, Deputy Destrict Director Firm Name Traffic Operations . By,,,,,';„5;,;�;,,,„'�............. CftPi A.^1 • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved by Tale or Position ................................. <,S (%. (4 LupeA. Caceres ...... 0 ......... 0 . ......... .. . ........... .. . District Contract Officer Federal I.D. Number OAS-OSM-T 284 (REV. 6/89) 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. H e 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 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 to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the State in writing. B. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontrac- tors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, ser- vices, materials or supplies in connection with the performance of this contract, and from any and all claims and losses occurring or resulting to any person, firm or corporation who maybe 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 service or rental to be furnished hereunder. D. The Contractor shall indemnify the State against all loss and damage to the Contractors 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 equipment fur- 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, 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 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 orviolation 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. 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 the work in any manner deemed pro- per by the State. The cost to the State shall be deducted from any sum 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 is of the essence in this agreement L In accordance with Public Contract Code 10296, a Contractor who is not a public entity, by signing this contract, hereby swears under penalty of perjurythat 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 Contractors failure to comply with an order of a federal court which orders him to comply with an order of the National Labor Relations Board. DAS-0BM-1294 (REV. 8/88) •- INSTRUCTIONS TO CONTRACTOR Please sign all copies of the contract where indicated in the lower right-hand corner. If you are doing business as an individual, your signature alone is sufficient if a the signature of one % partnership, g partner is if a corporation, one of the company officials must sign and designate his/her official title under the signature. All copies of the signed contract must be returned to this office within eight (8) days, excluding Sundays and legal holidays. Failure to return the signed copies within the specified time period will be cause for annulment of the award and assessment of damages. The assessment will be limited to either actual damages resulting to the Department or 10% of the amount bid whichever is less. ' In addition, please provide the information checked below. [ ] 1• ETHNIC GROUP AND SMALL BUSINESS QUESTIONNAIRE: Please complete the enclosed questionnaire and return it with the signed contract. This information, which is used for compiling statistical data, is required by the Department of General Services on all contracts. [ ] 2. FEDERAL TAX I.D. NUMBER: This information is required by the Department of Fair Employment and Housing on all contracts for $5,000. [ ] A. Please fill in your Federal Tax I.D. Number (or Social Security Number for individuals) below your signature on the contract on the line designated "Federal I.D. Number." [ ] B. Please fill in your Federal Tax I.D. Number (or Social Security Number for individuals) below: [ ] 3. COPY OF CURRENT LICENSE [ ] 4. CERTIFICATE OF INSURANCE: The certificate must be completed and signed by your insurance carrier in accordance with the provisions stated in the contract. [ ] 5. *PAYMENT BOND [ ] 6. *PERFORMANCE BOND [ ] 7. DRUG-FREE WORKPLACE CERTIFICATION * If bonds are required, a copy of the contract marked "Bonding Company Copy" is enclosed for,the bonding agency. Return the copy of the bond(s) marked "Caltrans Copy." Contract No.12G027 A/1 Sheet 2 of 2 The parties hereto mutually agree to amend the original contract dated October 1, 1991 as follows: Article III - Contract Period, is amended to read: This contract shall begin on October 1, 1991, contingent upon approval by the State, and expire on April 30, 1993. All other terms and conditions of the original contract shall remain in full force and effect.