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HomeMy WebLinkAbout08 CALTRANS TRAFFIC 06-19-95NO. 8 6-19-95 lnter-Com DATE: JUNE 12, 1995 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT 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 I-5 and SR-55 construction project. BACKGROUND Since 1990, the City Council authorized execution of a contract for reimbursement of up to $45,000 to the City of Tustin by the State of California for police officers' time spent during traffic control for the ensuing 12-month period. This contract should be renewed for the period July 1, 1995 through June 30, 1996. The City Attorney reviewed and approved an identical contract in November 1994. W. DOUGLAS FRANKS Chief of Police WDF:kh Attachment ~ CONTRACTOR E~ CALTRANS ['--] DEPT. Of GEN. SER. ['"] CONTROLLER [] ADMIN STATE OF CALIFORNIA DEPARTMENT TRANSPORTATION Sheet i of 8 ' ORA Co. Roule ~ M SOURCE 3tST i uNIT 12 369 CMARGE 'gIST uNIT 12 369 EXP AUTH GEN LEO j SU~ACCT WORK OROER NO 013404 ITEM 2660-001-042-20 i SPECIAL. 0ESIGNATION SU~JOB NO %W PARCEL NO LOCATION gRIOGE NO 08,JECT 6042 HAPTER STATUTES j ;iSCAL YEAR .39 94' J 94/95 I nereDy certity uDon my own personal knowledge that budgeted funds are availaDM for the ~,er,od and our~X)~ ot the exDendtfure s;ated adore. SIGNATURE OF ACCOUNTING 0FRCEq !OATE 1 AMOUNT DEBIT OR CREDIT $24,000.00 r,SCAL 95 ENCUMBRANCE OOCUMENT NUMBER FUNDING~ [] STATE ]~['J JOINT [] FEDERAL CONTRACT NO. 12G747 Thi~ num~e~ to t~ Dlacecl on all ,nvotces SANTA ANA May 22, 1995 Date .; ...................................... Contractor's Name City of Tustin, Police Department Phone(714) 573-3310 t Please Dill a.~ aDove) Address .3.0..0..C.e..n.t.e.n..n.i.a.!' .W.a.~,..~.u.s. ~.i?.,...C:.~...9.2A8..0 ........................................ License N(~ anti Clas.~ 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" the attached sheets, and he agrees to receive and accept as full compensation therefor the prices led herein. 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. 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. 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. ~] Exem~ From Deoanment of General Settees AIx)rovaL 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. Mahesh Bhatt, Senior, Transportation Engineer CONTRACTOR t. ¥..o. ?.o.! .... Fim"~ Name Approved by ................................. Thom Julian, District Contract Of~ice~ .............. .c...>:f., .-~/: ?. ................ Title or Poslt~on .............. ~.s:.. ~.9 9. .C,. .~. .0. ~. ............... Federal I.D. Number DAS-OBM-1284 IREV. 6/89) ~ CONTRACTOR [] CALTRANS [--'] DEPT. OF GEN. SER. [] CONTROLLER -- [~] ADMIN. STATE OF CALIFORNIA DEPARTMENT OF, TRANSPORTATION Sheet ..I ......... of .8 ....... ORA Co. Route P M I SOURCE I CHAeGE ! , EXPAUl'~ I S~CI~OESIG~nO~I I , ! GE, L~O J SU~,CCT I. J S~O, .0 · ' · ~ ~ - / R~ ~CEL NO I I I I I .,~[.O~TC 12 369 12 369 013404 ~TEM CHAP~R j STA~TES 2660-001-042-20 139 J 94 OBJECT 6042 FISCAL YEAR 94/95 A~OUIiIT OEBIT OR CREOfT $24,000.00 FISC~q,. YEAR 95 E NCuMgRA#CE DOCUMENT NUMBER FUNDING: [] STATE [3 JOINT [~] FEDERAL CONTRACT NO. 12G747 I hereOy certify uDott my own J~Onal ~owt~e fftat buageted funds a~ avaBaD~ Th~ num~ to ~ ol~e~ On all ,nvo~ces 'or t~e ~r~ an~ DUr~ Ot t~e ez~tture sl~te~ , ~,GNATURE OF ACCOUNTING OFFICE, ]DA~ . $6~. ~6 ...................... 3ALIFORNIA ' Date ~. ?.~. ).~? ......................... Contractoes Name C~gy -of ~sg~n~ ~ol~ce De~ameng Phone(?14) 573-3310 ~ddress .~qg. ~~~. ~..~q~.&~. ~. ~?~.~0 .......................... 2 ............. L~ N~ a~ Cat The Contractor hereby agrees to furnish the se~ice or rental as hereinafter set fo~h to the De~a~ mont of lran~rtafion in accordanc~ with th~ ~m~i~ion~ on 8OIH ~lDfiS o~ thi~ fora and on attachod sh~t~ and ho a~re~ to r~i~ and a~t a~ full compensation therefor th~ ~rico~ horein. ~] Exeml~ From De~artmenl. of General Se~<es ADProvaL 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 providecL No alteration or variati°n 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. 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. DEPARTME~TATION By ................ - ................ Mahesh Bhatt, Senior, Transportation Engineer CONTRACTOR .%Ln.,.. Lc.e., .... Film Name Approvedby ................................. Thom Julian, District Contract Officer .............. c/',.~-~ .,',,.,..b).. ...................... Title or POrtion ............. ~3..~. ~..~ .~;o.~ ................. Federal I.D. Number DAS-OBM-1284 (REV. 6/89) Contract No. 12G747 Sheet 2 of 8 I. DESCRIPTION The City of Tustin (City) shall furnish all la~or, 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 ADMINISTRATION The Contract Manager will be Mort Fahrtash, (714) 724-2316. The City of Tustin Contract Manager for the project will be Captain Steve Foster, (714) 573-3310. III. CONTRACT PERIOD This contract shall begin on July 1, 1995, contingent upon approval by the State,' and expire on June 30, 1997. IV. COST LIMITATION Total amount of this contract shall not exceed $24,000.00 It is understood and agreed that this total is an estimate and that the State .will pay only for actual costs those services rendered as authorized by the Contract Manager or his designee. v. SPECIAL PROVISIONS a. Police officers shall control traffic at major intersections in the City to mitigate the effects of increased traffic on local streets caused by the widening and re-construction of the SR-55.. B· Police officers shall be provided on an as-needed 'basis, subject to officer availability, upon request by the Contract Manager or his designee. 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 $34.07 per hour, per officer. $0.27 per mile Contract No. 12G747 Sheet 3 of 8 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 be submitted to the following address: Department of Transportation Adrienne Labanieh Contracts, Invoice Tracking 2501 Pullman Street Santa Aha, CA 92705 Bo The State of California (State) and the Orange County Transportation Authority (Authority) have entered into a Cooperative Agreement No. 12-101, to improve State highways. This project consists of the widening of the SR-55. Per this agreement, the State is authorized to contract for traffic control to mitiga%e the effects of increased traffic on local streets caused by the widening of the SR-55. 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. Do DiscoUnt must be a minimum of 1/2 of 1% of the amount due, but not less that $5.00. This contract may be amended or modified only by mutual written agreement of the parties. IX' 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. Contract No. 12G747 Sheet 4 of 8 B. Neither the pendency of a dispute nor its consideration by the. Contract Officer will excuse the City from full and timely performance in accordance with the terms of this contract. XI. NONDISCRIMINATION A® Be 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, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractors 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. 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 non-discrimination 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. XII. STATEMENT OF COMPLIANCE Contract No. 12G747 Sheet 5 of 8 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 of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. XIII. FUNDING REQUIREMENTS A® B® 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 contract were executed after that determination was made. 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 t© reflect any reduction of funds. XIV. RE~ION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 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 for three 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 Contract No. 12G747 Sheet 6 of 8 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. XV. MUTUAL HOLD HARMT.RSS 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) resulting from anything done or omitted to be done by that party in connection with the work,responsibilities or services to be performed by that party under that agreement. XVI. 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 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 employeesabout 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 Contract No. 12G747 Sheet 7 of 8 (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 XVII. COST PRINCIPLRS 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. The Contractor also agrees to comply with Federal Procedures in accordance with Office of Management and Budget Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. 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. 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 Circular A-87 are subject to repayment by Contractor to State. CE~TM£%T O~. TRANSPORTATION APPENDIX A Contract No. Sheet 12G747 8 o~ 8 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafler referred to as the "contractor") agrees as follows: (1) (2) (3) (4) (5) (6) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non-discrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the i'ecipients of federal-assistance will implement a-'~ m',~,'ta~n ~. p,',lic'y of '~o,~-discrimination in which no person in the state of California shall, on the basis of race. color, nahonai origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subjected to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in ~nterest. Non-discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance with Title VI. Specifically, the contractor shall not discriminate on the basis of race, color, national origin, religion, sex. age. or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOTs Regulations, including employment practices when the contract covers a program whose goal is employment. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, inclu¢ procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race. color or national origin. Information and Reports: The contractor shall provide alt information and reports required by the Regulahons, or chrectives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information. and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the' exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth whal efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the non-discrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federa~ Highway Administration may determine to be aPDropdate, including, but not limited to: (a~ w=thholding of payments to the contractor under the contract until the contractor complies, and/or (b', cancellation, termination or suspension of the contract, in whole or in part. Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (6) in every sub- contract, including procurements of materials and leases of equipment, unless exempt by the Regulations or clirechves issJed pursuant thereto. The contractor will take such action with respect to any subcontractor or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such prowsions including sanctions for noncompliance: Provided, however, that in the event a corltractor becomes involvea in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State Department of Transportation to enter into such litigation to protect the intereSt of the State, and. in addition, the contractor may request the United States to enter into such litigation to protect the interests of United States. ,5~5 5BM · 35' ,~E · 4 52. rED£RAL FUNDS OVER $10OO