HomeMy WebLinkAboutCA DEPT TRANSPORTATION 15 - 2000
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'STATE OF CALIFORNIA A~VED BY THE
STANDARD AGREEMENT-ATTORNEY GENERAL
STD. 2 (REV.5-91)
CONTRACT NUMBER
120A594
'at:--
I AM NO
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER
95-6000-785
THIS AGREEMENT, made and entered into this 1st day of March, 2000,
in the State at Califomia. by and between State of California. through its duly elected or appointed, qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
DIRECTOR DEPARTMENT OF TRANSPORTATION , hereafter called the State, and
CONTRACTOR'S NAME
CITY OF SANTA ANA hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulation of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor. time
for performance or completion. and attach plans and specifications. if any.)
The entire agreement is contained on the following pages.
CONTINUED ON 6 SHEETS,
The provisions on the reverse side hereof constitute a part of this agreement.
IN IJVITNESS VVHEREOF,lhis reement has been executed b the arties hereto, u the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
Department of Transportation
A
BY (AUTHORIZED SIGNATURE);:)
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PRINTED ME OF PERS N SIGNING
RICH D NAVARRO
BY (AU
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PRINTED NAME AND TLE 0 PERSON SIGNING
David N. Ream
C' Man er
TlTl.E
CONTRACT OFFICER
ADDRESS
AMOUNT ENCUMBEREO BY THIS
DOCUMENT
$10,000
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
P.O. Box 1988 M-21
Santa Ana, CA. 92702
PROGRAM/CATEGORY (CODE AND TITl.E) FUND TiTl.E DEPARTMENT OF GENERAL SERVICES
USE ONLY
TRANSPORTATION State Hwy
(OPTIONAL USE) 131 Exempt from DGS Approval per
Streets & HiQhwavs 130
$
CHAPTER
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OBJECT OF EXPENDITURE (CODE AND TlTl.E
1238312-540069514 1270
FISCAL YEAR
iTEM
2660-001-042-2080
TOTAL AMOUNT ENCUMBERED TO
DATE
$10,000
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STATE OF CALIFORNIA '-'
STANDARD AGREEMENT
STD. 2 (REV. 5-91) (REVERSE)
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Contracl12.0594
1. Neither State nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done by Contractor under, or in connection with any work,
authority, or jurisdiction delegated to Contractor under this Agreement. It is understood and
agreed that, pursuant to Govemment Code Section 895.4, Contractor shall fully defend,
indemnify, and save harmless the State of California, all officers and employees from all
claims, suits, or actions of every name, kind, and description brought for or on account of
injury as defined in (Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by Contractor under or in connection with any work, authority, or
jurisdiction delegated to Contractor under this Agreement with the exception that Contr.-ctor
shall not be responsible to indemnify or hold harmless State from any claims, suits, or actions
resulting from the willful misconduct or sole negligence of State, its officers or employees
2. The Contractor, and the agents and employees of Contractor, in the performance of the
agreement, shall act in an independent capacity and not as officers or employees or agents of
State of Califomia.
3. Either Party reserves the right to terminate this agreement without cause upon thirty (30) days
written notice to the other Party, or immediately in the event of a material breach. In the event
of termination, City shall be paid for all allowable expenses incurred up to the date of
termination, including any uncancellable obligations.
4. Without the written consent of the State, this agreement is not assignable by Contractor either
in whole or in part.
5. Time is of the essence in this agreement.
6, 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.
7. 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.
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Contract 12a0594
Sheet 2 of 7
Article I - Description
The City of Santa Ana, hereinafter referred to as the City, shall furnish all labor, supervision,
materials and equipment necessary to provide Police Officers to control traffic on local streets
caused by the reconstruction of Route 405/55. Said police services shall be provided on an as-
needed basis, subject to officer availability, upon request of the Caltrans Resident Engineer or
designee.
Article II - Contract Period
This agreement shall begin May 15, 2000 contingent upon approval by the State, and expire on
December 31,2002 unless extended by amendment.
Article III - Contract Management
Caltrans Contract Manager is Mahesh Bhatt, (949) 7564952 or
Adel Malek, (949) 724-2123
The City's Project Manager is Cpl. Eric Mattke, (714) 245-8212 (M-F) 7:00 a.m. - 3:00 p.m.
Article IV - Special Provisions
A. Police Officers shall control traffic at major intersections in the City of
Santa Ana to mitigate the effects of increased traffic on local streets
caused by the recoristruction of the 405/55 freeway.
B. Police Officers shall be provided on an as-needed basis, subject to officer
availability, upon 7 day notice by the Contract Manager or his designee.
C. City of Santa Ana shall provide Peace Officer Standards and Training Certified
Sworn Police officers only.
Article V - Rates
A. Hourly Rate according to classification:
Sergeant $77.00 per hour
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Contract 12a0594
Sheet 3 00
Article VI - Payment
Upon completion of the foregoing in a satisfactory manner, Caltrans agrees to pay to the City of Santa
Ana an amount equal to the latter's cost of performance, based on actual allowable costs, computed in
accordance with Section 8752 and 8752.1 of the State Administrative Manual.
Nothing herein contained shall preclude advance payment pursuant to Article 1, Chapter 3, Part 1,
Division 3, Title 2 of the Government Code.
Invoices shall reference this agreement number and shall be submitted in triplicate to the:
Department of Transportation
Division of Traffic Management
Attn: Mahesh Bhatt
3347 Michelson Dr., Suite 100
Irvine, CA 92612-1692
Article VII - Cost Limitation
A. Total amount of this contract shall not exceed $10,000, unless additional
funds are provided by written amendment to this agreS"Tlent.
B. 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 Manager or hislher
designee.
C. State will pay the City 100% of the total cost for police services which is estimated
at $10,000.
D. The total amount payable by State to City may be increased by amendment
to this agreeement, if, after 80% of the estimated totla costs of $10,000 have
been expended and it appears that projected expenditures through project
completion will exceed 100% of the estimated costs.
Article VIII - Termination
Either Party reserves the right to terminate this agreement without cause upon thirty (30) days
written notice to the other Party, or immediately in the event of a material breach. In the event of
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Contract] 2a0594
Sheet 4 of 7
termination, City shall be paid for all allowable expenses incurred up to the date of termination,
including any uncancellable obligations.
Article IX - Change in Terms/Amendment
This contract may be amended or modified only by mutual written agreement of the parties.
Article X - Subcontracting
A. The City shall perform the work contemplated with resources available within its own
organization and no portion of the work shall be subcontracted.
Article XI - Retention of Records/Audits
A. For the purpose of determining compliance with Public Contract Code Section 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 con~ract,
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 urder the contract. The State, the State Auditor,
FHWA, or any duly authorized representative of the Federal government having jurisdiction under
Federal laws or regulations (including the basis of Federal funding in whole or in part) 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.
B. Any subcontract entered into as a result of this contract shall contain all the provisions of this
article.
Article XII - 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 any written
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Contract 12a0594
Sheet 5 of7
B. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the
Contractor from full and timely performance in accordance with the terms of the contract.
Article XIII - 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 oreer 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 Govemment or the Califomia 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 theprovisions, 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 3Q.day termination clause or to amend the
contract to reflect any reduction of funds.
Article XIV - Drug Free Workplace Certification
By signing this contract, the City hereby certifies under penalty of pe~ury under the laws of the State of
California that the contractor will comply with the requirements of the DrugFree 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 manufaCIDre, 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 employees about 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
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Contract 12a0594
Sheet 6 of7
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
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 l:ontract 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 XV - Cost Principles
A. The City agrees to comply with Federal procedures in accordance with Office of
Management and Budget Circular A-87, Cost Principles for State and Local Governments.
B. The City 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.
C. Any costs for which payment has been made to the City that are determined by
subsequent audit to be unallowable under Office of Management and Budget Circular A-87,
or 49 CFR, Part j 8, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, are subject to repaymentby Contractor to
State.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of
this article.
Article XVI -Indemnification and Hold Harmless Requirement
Neither Caltrans nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of any1hing done by City of Santa Ana under, or in connection with any work,
authority, or jurisdiction delegated to City of Santa Ana under this Agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, City of Santa Ana shall fully defend,
indemnifv. and save harmless the State of California. all officers and emolovees from all claims.
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Contract 12a0594
Sheet 7 of 7
City of Santa Ana under or in connection with any work, authority, or jurisdiction delegated to City of
Santa Ana under this Agreement with the exception that City shall not be responsible to indemnify
or hold harmless Caltrans from any claims, suits, or acitons resulting from the wilful misconduct or
sole negligence of Caltrans, its officers or employees
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Contract 12a0594
Sheet 2 of7
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SANTA ANA, a municipal
corporation of the State of California
By
David N. Ream
City Manager
Patricia E. Healy
Clerk of the Council
Attest:
Janice C. Guy
Clerk of the Council
(;L;~
?aul Walters
Chief of Police
APPROVED AS TO FORM
By:
Joseph W. Fletcher
City Attorney
RECOMMENDED FOR APPROVAL
By:
James G. Ross
Executive Director
Public Works Agency
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Contract 12a0594
Sheet 2 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
officers.
STATE OF CALIFORNIA
Department of Transportation
By
David . Ream
City Manager
Attest:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM
By: ~tf)~ M J~
Joseph W. Fletcher v
City Attorney
DED FOR APPROVAL
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By:
Paul Walters
Chief of Police