HomeMy WebLinkAbout07 CAL TRANS RENEWAL 12-05-94NO. 7
12-5-94
DATE:
NOVEMBER 9, 1994
Int.er-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
CAL TRANS TRAFFIC CONTRACT RENEWAL
RECOMMENDATION
City Council approve renewal of the attached contract with the Department of
Transportation for reimbursement of monies spent for traffic control during the I-5 and SR-55
construction.
BACKGROUND
Since 1990 the City Council has authorized a contract for reimbursement of $45,000 to the
CitY. of Tustin by the State of California for poliCe officers' time spent during traffic control
for the next 12 months. The contract needs to be renewed for 1995.
The City Attorney has reviewed and authoriZed the contract.
W. DOUGLAS FRANKS
Chief of Police
WDF:kh
Attachment
STATE. OF CALIFORNIA~BU,SINESS AND TRAr~.bPORTATIOi~ AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN STREET
SANTA ANA, CA 92705
(714) 724-2481
PEtE WILSON, Go~m. no,
~..
November 7, 1994
CONTRACT NO . 12 G6 8 4
Captain Steve Foster
City of Tustin, Police Department
P.O. Box .3539
Tustin, CA 92681
Gentlemen:
The above-referenced contract is enclosed for your review and
approval. Please refer to the enclosed "Contract Instructions - for
information on how to complete 'the contract and any accompanying'
forms.
. . . ·
Work under this contract should not begin until the contract
has been fully executed and approved by the State. Payment will
not be made for any work done prior to full execution-and approval
of the contract.
A copy of the fully executed contract will be returned for
your files If you do not receive your copy of the approved
contract p~ior to the scheduled date for start of work or if you
have any questions, please call this office or the designated.
contract administrator.
Thanks for your prompt processing and early return of the
documents.
FRANK R. BORUNDA
Associate Contract Officer
Enclosures
.'~ CONTRACTOR
[] CALTRAN'$
[] D. EPT. OF GEN. SER.
[--] CONTROLLER
[~ ADMIN.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
Sheet ..1 ......... of .'7. ......
ORA
Co. Route ~ ~
IDtSTSOURCE
,2
369 I2 369
ITEM
2660-001-842-20'~
J
IFISCAL YEAR
90/9'1
AMOUNT
OS.JECT
0EBIT OR CREDIT
6132
is20,000.00
hereDy certify upon my own De~Jonai knowledge thsi IN~l~ele~l full,IS Ire available
the ~enoO and purpose of the ®x~endifure Silted
SIGNATURE OF ACCOUNTING OFFICER
FISC.~L
YEAR
91
NUMBER
FUNDING:
[-] STATE
~10 JOINT
r"] FEDERAL
. .. 12G684 '
CONTRACT r~u. ...............
This numbs' to 19e Dieted On &Il invoices
. $.A.NT..A' .A~I..A ...................... , CALIFORNI,~
Date November 1, 1994
Contractors Name City of ~stin, Police Department Phone(714) 544-5424
e- eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ee eeeeeeeeee · e eec eeee
lPlea~e I~i# aa
Address .P.: .0.....B.o.x...3.5.3.9. ~,...'l~.s..t..i.?.( ~ 92681 '
I. icerme N~ and Cla$
The Contractor hereby agrees-to furnish the service c~r, rental as hereinafter set forth to the Depart
ment of Transportation in accordance with the provisions on BOTH SIDES of this form and on th(
attached sheets, and he agrees to receive and accept as full compensation therefor the prices name(
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 wdting 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 modifiedand that the State reserves
the right to terminate this agreement upon written notice to the Contractor.
Exempt From
Department of General Services Al:~rov~L
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.
Hahesh Bhatt, Senior,
Transportation Engineer
Approved by .................................
Angelo Costantino,
District Contract Officer
CONTRACTOR
,. o..lkc. e.. ....
· ee eeeeeeee ee eeee.e e* e e e~ e ~e
.......... .q.$.~. ?.?.O. ~9.~ ....................
'Federal LD. Number
OAS-OBM- 1284 (REV. 6/89)
Contract No. 12G684
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 Irvine. 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's Contract Manager for the project will be
Captain Steve Foster, (714) 573-3301.
III. 'CONTRACT PERIOD
This contract shall begin on July 1, 1994, contingent upon approval
by the State, and expire on June 30, 1996.
IV. COST LIMITATION
Total amount of this contract shall not exceed $20,000. 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 Manager or his designee. '
SPECIAL PROVISIONS
ae
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 I-5 freeway, and'the I-5/405 confluence.
B.. Police officers shall be provided on an as-needed basis,
subject to officer availability, upon .request by the Contract
Manager or his desginee.
Ce
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.
$34.07 per hour, per officer.
Contract No. 12G684
Sheet 3 of 7
VI I. 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 Ana, CA 92705
B.
Ce
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 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 theDepartment,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.
Be
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. NONDISCRIMIN~ION
Contract No. 12G684
Sheet 4 of 7
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, 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 andharassment. 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.
Be
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. S~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
of Government Code Section 12990 and Title 2, California Code of
Regulations, Section 8103.
Contract No. 12G684
Sheet 5 of 7
XIII.
FUNDING REQUIREMENTS
ae
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.
Be
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.
Ce
De
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.
The State has the option to void the contract under the 30-day
cancellation clause or to amend the contract to reflect any
reductio~ of funds.
XIV.
RETENTION 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 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, 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)
XVe
MUTUAL HOLD HARN~.~SS CLAUSE
Contract No. 12G684
Sheet 6 of 7
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.
· - 6. PPENDIX A ~ 12G684
7 o~ 7
Dunng the performance of this COntract, the contractor, for itself, its assignees and successors in interest (hereinafter
referrecl to as the "contractor") agrees as follows:
(1) Compliance with Regulati0nl: The contractor shall comply with regulations relative to Title VI (non-cliscrim,nation
in federally-assisted programs of the Department of TraCtion - Title 49 Code of Federal Regulations Part 21 -
Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal-=_$_~istance will implement
3..,-4 rr,. -,,',;a;n ~. ~,',l~cv of .~o,~-di_~c. rimir~ation in which no Demon in the state of California shell, on the basis of race.
color, national origin, religion, sex. age. disability, be excluded from participation in, denied the benefits of or subjected
to d~scrimination under any program or activity by the recipients of federal ~_~*~_istance or their _~_eJgnees and successors
in mterest
(2)
Non-discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance
with Titie 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 ecluipment. The contractor shall not. participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the U.S. DOT's Regulations, including employment practices when the contract covers a program whose goal'
is employment.
(3)
Solicitations for Subcontracts, Including Procurements of Mltedlll incl Equipment: In all solicitations either
by COmDetibve bidding or negotiation made by the contractor for work to be performed under a subcontract, incluchng
procurements of materials or leases of ecluiDment, each potential subcontractor or supplier shall 0e notified by the
contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the
g~ouncls of race. color or national origin.
(4)
Information and Reports: The contractor shall provk~e air information and resx)rts required by the Regulat,ons~ or
a,rectives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information.
ancl its facilities as may be determined by the State Department of Transportation or the Federal Highway Admin. istrahon
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 Translx)rtation, or the Federal Highway Administration as al~rOl:)riste, and shall
set forth what efforts it has made to obtain the information.
(5)
Sanctions for Noncompliance: In the event of the contractcx's noncompliance with the non-discrimination provisions
of this COntract. the State Department of Translx)rtation shall iml:kcme such contract sanctions as it or the Fecleral
H~Ghway A0m~nistratK)ft may'aeterrmf~e to be apCX'~te, InCluding. but not limited to:
ia, w~thhOIding of payments to the contractor under the contract until the contractor complies, and/or
(13, cance!lat~on, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor shall include the provis,3ns of paragraph (1) through (6) in every su0-
contract, including procurements of materials and leases of eciu~pment, unless exempt by the Regulations or direct,vas
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 · means of enforcing sucl~
prowsionsincluding sanctions for noncompliance: Provided, however, that in the event a codtractor becomes involve0
in. or is threatened with, litigatK3n with a subcontractor'or supplier as a result of such direction, the contractor may
rec3uest the State Department of Translx)rtation 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 the
United States.
.~AS ~,8~ '~' ,1~. 482 ~ED(~. ~UNO~ OVeR St 0OO