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HomeMy WebLinkAboutCC 6 CALTRANS TRAFFIC 04-19-93CONSENT CALENDAR NO. 6 4-19-93 F. Inter -Com-= L)ATE: APRIL 9, 1993 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: POLICE DEPARTMENT SUBJECT: CALTRANS TRAFFIC CONTRACT RENEWAL RECOMMENDATION The City Council approve the renewal of the attached contract with the Department of Transportation for reimbursement of money spent for traffic control during the 1-5 and SR -55 construction project. — BACKGROUND Since 1990, the City Council has authorized execution of the attached contract to enable the State of California to reimburse the City of Tustin an amount not to exceed $45,000 for police officers' overtime spent for traffic control purposes. The present contract expires on April 30, 1993. This contract renewal will cover the period May 1, 1993 through April 30, 1994. The contract should be renewed for 1993/94. City Attorney James Rourke approved this contract renewal on April 6, 1993. IDOUGLAS FRANKS Chief of Police WDF:kh Attachment ❑ CONTRACTOR CALTRANS ❑ DEPT. OF GEN. SER r. LJ CONTROLLER 4E!M IN. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sheet .. 1........ of ..7...... Co........... .F; ................ .1e Phl SOUliE CHARGE EXP ANF SPECIAL DESIGNATION OW[CT ANOVNT OERII OF CREDIT FISLAI YEAR ENCUw9iANC[ DD:AVENI FUNDING: GFN LFD Wtl-ACGI $UBJOB NO _ iPAgGEI NG ms- wo oar uun .09 DaDER NO LocAaDN BRIDGE NO FTC ;; v P' y.i ! C ^ C .: E] STATE E] JOINT FEDERAL ITER CNApiER STATUTES FISCAL YEAR 2660 00 99/91-49-4 CONTRACT NO. 12G,355 I hereby cattily UPOR my own personal AOOwledga that budgeted lends are available for the par oci and purpose of the upeMiture staled above. This number to be paced on all invoices Santa Ana .................................CALIFORNIA, SIGN AT RE OF ACCOUNTING OFFICER DATE ,titi �9 / 3 uate........................................ Contractor's Name City. of . Tustin, . Palica .Department....... Phone (Please bill u above) Address.P.O...-Box .3539,.Mustin,.CA.92.681.............................................. -- 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 agreesto 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. 1=7 Exempt From W 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. D ARTMENT OF TRANSPORTATION By... /- . .................. Jo Hecker, Deputy District Director Approvedby ................................. Lupe A. Caceres District Contract Officer DAS- DEEM- 12E4 1 REV 61891 CONTRACTOR City. of. Tustin,. Polics•Department, Firm Name By.......................................... ................. kPP D S TG Title or PpsitiOn •95-6-00084D4 ................ . < Federal I.D. Number - ES G. RD RKt7 r.ITY LTTirlw'!, 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 thework, or the bodies or tribunals having anyjurisdiction 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 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 indemnity, defend and save harmless the State, its officers, agents and employees f rom 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 orsupplies 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 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 service or rental to be furnished hereunder. D. The Contractor shall indemnitythe Stateagainst all lossand damage to the Contractor's property or equip- ment during its use underthis 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 lawfor propertydamage or personal injuriescaused bydefective equipmentfur- nished under this contract or by operations of the Contractor or his employees under this contract. E. Thecost of employer paymentsto oron 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 fora 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 an nul th is 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 complywith 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 forsafe 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. I n the event of such termination the State may proceed with the work in any man nerdeemed 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, herebyswears 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 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. DAS-OBM-1284 (REV. 6/89) Contract No. 12G355 Sheet 2 of 7 I. DESCRIPTION The city of Tustin (City) shall furnish all labor, supervision, materials and equipment necessary to provide police officers to control traffic on an as -needed basis at major intersections in the City of Tustin. Said traffic control is beyond the standard of regular traffic control that the City normally provides at intersections within its jurisdictions. II. CONTRACT ADMINISTRATOR The Contract Administrator will be T. H. Wang, (714) 724-2316. III. CONTRACT PERIOD This contract shall begin on May 1, 1993, contingent upon approval by the State, and expire on April 30, 1994. IV. COST LIMITATION Total amount of this contract shall not exceed $45,000. It is understood and agreed that this total is an estimate and that the State will pay only for those services rendered as authorized by the Contract Administrator or his/her designee. V. SPECIAL PROVISIONS A. Police officers shall control traffic at major intersection in the City to mitigate the effects of increased traffic on local streets caused by the widening and re -construction of the I-5 freeway, and the I-5/SR-55 interchange. B. Police officers shall be provided on an as -needed basis, subject to officer availability, upon request by the Contract Administrator or his desginee. C. The City agrees to comply fully with all of the provisions on the reverse side of the Contract Sheet 1 and these provisions shall become a part of the contract. VI. RATES $27.48 per hour, per officer. VII. PAYMENT A. The State will reimburse the Contractor monthly in arrears as promptly as State fiscal procedures permit upon receipt of Contract No. 12G355 Sheet 3 of 7 itemized invoices in triplicate. Invoices shall reference this contract number and shall be submitted to the following address: Department of Transportation Accounts Payable Branch 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 30 days of services rendered to the Contract Administrator at the following address: Department of Transportation ATT: T. H. Wang 2501 Pullman Street Santa Ana, Ca. 92705 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. D. Discount must be a minimum of 1/2 of 1% of the amount due, but not less than $5.00. VIII. AMENDMENT This contract may be amended or modified only by mutual written agreement of the parties. I%. TERMINATION The Department of Transportation reserves the right to terminate this agreement upon thirty (30) written days written notice to the Contractor. X. 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 written or verbal information submitted by the City. 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 City from full and timely Contract No. 12G355 Sheet 4 of 7 performance in accordance with the terms of this contract. %I. NONDISCRIMINATION A. 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 insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and 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. B. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. C. Appendix A, relative to nondiscrimination on federally -assisted projects, 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 23 CFR 710.405(b) are applicable to this contract by reference. %II. STATEMENT OF COMPLIANCE The prospective Contractor's signature affixed hereon 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 c_` Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. %III. FUNDING REQUIREMENTS A. It is mutually understood between the parties that this Contract No. 12G355 Sheet 5 of 7 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 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. D. 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. XIV. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq., Sections 999 et seq. of the Military and veterans Code and title 2, California Code of Regulations, Section 1896.60 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 available at their respective offices at all reasonable times during the contract period and 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. (Government Code Section 10532) XV. MUTUAL HOLD HARMLESS CLAUSE It is understood and agreed that, pursuant to Government Code section 895.4, State and public entity shall defend, indemnify and hold harmless each other and the officers and employees of each party from all claims, suits, actions or liability for injury (as defined in Government Code Section 810.8) done or omitted to be done by that party work, responsibilities or services to be under that agreement. Contract No. 12G355 Sheet 6 of 7 resulting from anything in connection with the performed by that party 0= CA. 3UG-FREE WORKPLACE CER -T 4TION 2' (N_Y, ,._.: >ANY.Oq ;.'..];,CION NAME Contract No. 12G355 The co-itractor or grant recipient named above hereby certifies compliance with Government Code Sectior. 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant -ecipient will: 1. Pd^lish a statement notifying employees that unlawful manufacture, distribution, dispensation, po=session, or use of a controlled substance is prohibited and specifying actions to be taken against en,.,ioyees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b), to in orm employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the dare and in the county below, is made under penalty of perjury under the laws of the State of California. DIAL W. Douglas Franks March 18, 1993 I_ ORANGE V' Chief of Police 956000804 FORM MY ATTORNEY