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HomeMy WebLinkAboutCC 10 CALTRANS CONT 10-15-90DATE: TO: FROM: SUBJECT: SEPTEMBER 28, 199 WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT CALTRANS TRAFFIC CONTRACT Recommendation: CONSENT CALENDAR NO. 10 10-15-90 Inter -Com That Council authorize the attached contract with the Department of Transportation for reimbursement of monies spent for traffic control during the Interstate 5 and State Route 55 construction. Background: The attached contract authorizes $45,000 for reimbursement from the I State of California to the City of Tustin for Police Officer time spent during traff is control for the next 12 months. The contract includes a provision whereby we can refuse to direct traffic if calls for service or availability is a question. On 8/31/90, this contract was approved and authorized by City Attorney Jim Rourke. On 9/7/90, Captain Foster received verbal authorization to sign the contract. On 9/28/90, the Department of Transportation requested the item be approved via the Consent Calendar by the City Council in order to implement the contract. We would recommend approval of the contract at this time. W. DOUGLAS FRANKS Chief of Police WDF:dh STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION -DISTRICT 12 ` S 71 PULLMAN STREET ''-i7, NTA ANA, CA 92705 (714) 724-2082 August 29, 1990 CONTRACT NO. 12F574 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 prior to the scheduled date for start of work or if you have any questions, please call this office or the designated contract administrator. Thank you for your prompt processing and early return of the documents. Sincerely, Frank R. Borunda District Contract Officer Enclosures STATE OF CALIFORNIA—BUSINESS AND TRANSruRTATION AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION �•• DISTRICT 12 INSTRUCTIONS TO CONTRACTOR a :01 PULLMAN STREET ` .NTA ANA, CA 92705 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 partnership, the signature of one partner is adequate; 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 [ J 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 * 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." I.. (10N 1 RAG FOR ET CAI_TRANS El DF P f. OF GEN. SER. EJ CONTROLLER r7 ADMIN. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1 6 Sheet ........... of ......... Co. • . - . . - - - - .. -Route .... • , . • • .. -P.M. Inoue CIIAHGE EXP. AUTH SPECIAL DESIGNATION - —' OBJECT AMOUNT DEBIT OR CREDIT FISCAL YEAR ENCUMBRANCE DrICUMENT GEN LED SUB -ACCT SUB -JOB NO. R/W PARCEL NO. -- UI711 IINII UIS[ UNIT W NUMBER FUNDING: LOCATION WORK ORDER NO. BRIDGE NO. ETC. ' 2355 000477 130005 6132 $45,000.00 89 SCor�%`T�� E] STATE ® JOINT 6tRAFFICOF E] FEDERAL III M CHAPTER STATUTES FISCAL YEAR 660-001-042-,I0.3o 93 89 89/90 12F574 — CONTRACT NO . ............................ . I hereby certify upon my own personal knowledge that budgeted funds are avellable This number to be placed on all invoices for the period and purpose of the expenditure stated above. SANTA ANA , CALIFORNIA, sIGNAIIIM UI ACCOUNTING OFFICEROA VAIA 7a Aucqust 27, 1990 .. nate........................................ City of Tustin, Police Department (714) 544-5424 Contractor's Name ................................................ Phone ..................... le P.O. Box 3539, Tusl tirTr.a�IasaV2681 Address................................A..................................................... 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 Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. - No alteration orvariation of the terms of this_contn act 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 #11-4 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written. RTMENT OF T NSPO%RTATION B: . .... . .. .. .. Frank Weidler, eputy District Director Inst . / Ops./ Maint . By .......................................... CONTRACTOR .City of. Tustin,. Police. Department .. ....... ... ......... Firm Name ............................................. Approved by ................................ Title or Position . .. ... �... �'.. .. .. .. ,. .. Frank R. Borunda, District Contract Officer �l �' Federal I.D. Number 1 X11': ()fiM 1',184 117E V 6/89) Contract No. 12F574 Sheet 2 of 6 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 jurisdiction. II. CONTRACT ADMINISTRATOR The Contract Administrator will be Joe Hecker, (714) 724-2453. III. CONTRACT PERIOD This contract shall begin on August 27, 1990, contingent upon approval by the State, and expire on August 26, 1991. IV. COST LIMITATION Total amount of this contract shall not exceed $45,000.00. It is understood and agreed that this total is an estimate and that the State will pay only for those services actually rendered as authorized by the Contract Administrator or hie/her 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 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. 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 $30.83 per hour, per officer VII. PAYMENT A. The State will reimburse the City 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: Contract No. 12F574 Sheet 3 of 6 Department of Transportation Accounts Payable Branch 2501 Pullman Street Santa Ana, CA 92705 B. 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. C. Discount must be a minimum of 1/2 of 1% of the amount due, but not less than $5.00. VIII. AMENDMENTS This contract may be amended or modified only by mutual written agreement of the parties. Ig. TERMINATION This contract may be terminated by either party upon thirty (30) days written notice. X. MUTUAL BOLD 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) resulting from anything done or omitted to be done by that party in connection with work, responsibilities or services to be performed by that party under this agreement. %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. 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 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 hereof as if set forth in full. Contractor and its Contract No. 12F574 Sheet 4 of 6 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 Contractor's signature affixed hereon and dated shall constitute a certification under the 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 Administrative Code, Section 8103. %III. FUNDING 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, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. B. This agreement 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 agreement 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. Contract No. 12F574 Sheet 5 of 6 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. %IV. RETENTION OF RECORDS/AUDITS The Contractor, subcontractors and the State shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, 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) DEPARTMENT OF TRANSPORTATION APPENDIX A Contract No. 12Fs74 et Of 6 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) 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 recipients of federal -assistance will implement and miintaln a policy of non-discrimination in which no person in the state of California shall, on the basis of race, color, national 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 interest. (2) 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. (3) 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, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color or national origin. (4) Information and Reports: The contractor shall provide altinformation and reports required by the Regulations, or directives 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 what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractors noncompliance with the non-discrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding 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. (6) 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 directives issied 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 provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved 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 the United States. OAS OBM 1351 (REV 4182) FEDERAL FUNDS. OVER $1.000 A. The Contractor shall ;;t nr ,c:fl ftrliy informed of all exiafinq aiid e Stme rim± Fo(_A...rial laws and county and rnunic:ipal Orcr�,,.:ite,��� and re(JUlationswhich in any nlr:nn:;i i<t:;t ttrove yr :arjad orernployed in thework, o. the boc3i::� �r i. -i' 1+::+^1s hav*,rrg any ji,risdiciion c�r<,ra;: , ,, > iI :.r�t.��:. l Ie :�h�>II at all times observe and comply Lunt+, k'md shell c;aust- all his agents and lirli. ohsorvo Fated comply with all such existing and future laws, ur,lit..AW(3—s, r�yulatiri►::, �,��. it.crecas of bodias or tribun:xls having any jurisdiction or auihority over the wor!:. if wi,-, ,,.::. s::1p:.:.,y Or iii,; osi;itency is disc ovored in this Con- tract in relation to any 6WA) ;��w, cltclirlunca, fee=t+;. `.;r.tr, o"Jor or docref thea Contractor shall forthwith report the sane_ to the :;tato in rc•.�,<1. B. The Contmctor agrec�z-; h, i:,(k-;w11i4y, duk-ild arra s tvc tz.arrrle:;:. tl}:: SiatF;, its officers, a()ents and ernp' e`::: c .. rtny::� lel :Aft clttil,i*:, anti ivssra occttrrincl ��i,rrsulill l,f to zrly rims all cortti;:c tui s, subcontrac- i. muterialmen, laborers and any othe=r parson, firm, or curpo(L ion furnishing or supplyiiig work, ser- vices, materials or SU f)NliE.;S in cont iection with the perfori-nattca of :his contract, aj-id f rc:ln rally and all claims and losses occurring or resulting to any person, firm or corporration who array ba injurcad or d:aroaged by the Contractor in the performance of this contract. C. The mentioning of certain statutes irk tt;is contract shall not relieve tho (3,ontractorfrorn tete responsibility of complying with any other statutes applicable to th., sarvico or rrontal to be furnished hereunder. D. The Contractor shall indemnify the State against all loss and damage to the Contructor`s property or equip- ment during its use under this contract and he shall at his ov.;n expanse maintain such fire, theft, liability or other insurance as lie deems necessary for his protactiort. The Contractor assumes all responsibility which maybe imposed by law for property damage or personal injuries caused by d afactive equipment fur- nished under this conti act or by operations of the Contractor or his employcies under this contract. E. The cost of employe=r ri..:y,rients to or ori i)ehalf of employees, subsist:arrca, travo1, co, iipaiis ►tion insurance premiums, unerrtrilciylrlelik security luxus, LU,iiract bond NrtarniLlins, and any other taxes or assessments INGL.UDIrIG SALES TAXES re=quired by Iraw ui otherwka shall be included in the price bid and no additional allowance will be mated therofor, unle=ss separates payiriont provision should specifically be provided for. F. The Contractor, and the :.agents and employees of Contractor, In thcs perforinanc© of this agreement, shall act in an independent capacity and not as officers or eaiployoes or agents of State of California. G. The Contractor warrants, by execution of this contract that no person or- Lalling agency has been employed or retained to solicit or secure this contract upon an agrcarrlc�nt or urcrlersiaridir-ig fora commis- sion, percentage, brokerage;, or contingent fee, excuptin+;1 bona fidu employees or bond fide established commercial or selling agencies maintained by the,, Contiactor for tate purpose or se%Turing business. For breach orviolation of this warranty the State shall have the 01,h W annul thisccrnir_act vjithout liabiiity, pay- ing only for the value Of th(: vroilc ,tCtttalty perforin©el, or in lis discretion, io cta(Juc: fi Oitt thecontract price or consideration, or othervvi ze recover, the full amount of such commission, percentage, brokerage or con- tingent fee. H. Pursuant to the authority contained in Section 591 of 'ilia Vohiclo Gvdl,, the Department has determined that within such areas as are within the limiti of the projoct and a,ra upf.m to puDlic, traffic, the Contractor shall comply with all of till- require;ifie tits set torth io Divisions 11,12,13,1 4 and 15 of tha Vehicle Code. The Contractor shall take all neces-s:.cry precautions for safe operation of his equipr,tant and the protection of the traveling public frorcr irtjuty aiti dam.-ge from such ksgttirirrienr. I. The State may termioata;be rolieved of thu la .ylclesrat of any consideration to Contrac- tor should Contractm fail to r1 :i for rrt the, cove natits Herein contained ut the; tlma and In tete manner herein provided. In the event of such -termination the State; inay procoad with t thi) work in any marinardeemed pro- per by the State. The cast to tI r(r :tate shall be deducted from any Burn du;a the ContrFac;tot ttrrdar this agree- ment, and the balanc o, it arty, sh:t11 be l,air.t tht; Contractor upon d�rrli►ate-�. J. Without the written cnnr,t: i:t ()f ti i,� ;�tcttE3, this �.idreenicar,t is nc,t F s,,igncaUe h, , Contractor aitller in whole or in part. K. Time is of the esseilce ;:, tlr:e L. In accordance with Pul,iic Colm.,,e:i Cokie 102,96, it Contactor Vy110 is rrc,i a pilulic: e;rriity, by signing this contract, hereby SWOM'_, uncl:r ()f pei—ju y ti;af not rrlort than uric: firitll un:.lppe:alable finding of con- tempt of court hy:c fee-I�;ill �c,urt I►.a:. f�<-i;r, ir,;uaci ag«inst 11i�n �.vifiricr it�e� inlr+tt�c;i�,t<;11; I�rf:c:c,cting two-year period because of the t. oni, ac_:toi':: 1 _+huff.. to Comply with an of er of a fadoral court vvhir:h orders him to comply with an orcic-r of the fJ:iti��n;,) 1 ;11x11 r;r:l,ltiorts fi(�arci. Approval Recomll fl'df:d 13y: _ OAS OF00-1284 (M v WWI) V Tustin Police Department August 30, 1990 Mr. James G. Rourke Law Office of Rourke & Woodruff 701 S. Parker Street, Suite 7000 Orange, CA 92668 Dear Jim: Please find enclosed, contract from 'Cal Trans reference us assisting them with traffic during the widening of Interstate 5, as well as SR -55. From our perspective, the contract looks fine. Please review it at your earliest convenience and advise if it is appropriate from your perspective. The contract apparently needs to be returned within eight working days of August 29, so your prompt processing would be greatly appreciated. Thanks in advance for your assistance. Sincerely, W. DOUGLAS FRANKS Chief of Police Steve Foster, Captain Operations Division Commander WDF:SF: dh 9O w c�1 1?o LJ eLve Pw p 2 i 2Lfp Cc t -7 -AA c,T- . C 300 Centennial Wav 0 Tustin, California 92680 • (714) 544-5424