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Home My WebLink AboutUNIVERSITY OF CALIFORNIA REGENTS- BERKELEY- 2-2007 ~l'!b'LUU( !~:~! ~1~bb~3qoq ITS TTP PAGE 01107 N-2007-001 TRAINING AGREEMENT BETWEEN TIlE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into this ll> day of January,2007, by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a Califomia corporation, acting on behalf ofits Institute of Transportation Studies, University of Cali fomi a, Beric.eley, hereinafter "University" and ''the City of Santa A.na. " a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California "Sponsor." WHEREAS, Sponsor desires delivelj' of a certain course of instruction to take place at a designated time and location in facilities provided by the Sponsor; and WHEREAS, the University has been requested by the Sponsor to provide such previouslY developed course of instrUction; NOW THEREFORE, in consideration of the mutual covenants, conditions, and terms hereinafter sct forth, and for other good and valuable consideration, the parties h~o agree as follows: 1. Scope of Work. The University will deliver a twD-day certijiute training course entitled "Safety and Traffic Control Plans for Work Zones", hereinafter .Course,. described in Schedule A attached to this Agreement at the following time and location by the instructors narned below: Dale: February 5-6, 2007 Tune(s): 8:00 a.m. - 5:00 p.m., each day Loc"tion: City of S""t" An" Corporate Yani-zM Floor Training Room 220 South Dai.ly A.venue. Bldg. A Santa Ana. Ca 92703 Instructors: Paul Pere? and Marv Jackson University of California. Berkeley Busine.. Contract Offlce/lTS Contract Training: SMIT A ANA 1/1612007 Pasc 1 61/16/2667 18:24 5166653454 ITS TTP ! PAGE 63/69 2. Period of performance. This Agreement shall commenle on the date of execution of this Agreement and shan end at the completion of the course drVery on February 6,2007. 3. Responsibililies of the parties. i 3a. Thc University is responsible for selection and lchedUling of instructors for delivery of the course and for development and delivery ofthe instnlctional program. 3b. The University is responsible for providing 80 Lpies of: the Work Area Traffic Control Handbook (W ArCH Manual); the Caltran~ Flagging Instnlction Handbook; the Course agenda; and class exercise and solution set~. 3c. The Sponsor is responsible for providing approkatc teaching facilities adequate for the number of students in the elass and arranged adcording to specifications from the University. The Sponsor is also responsible for prJviding instructional equipment such as flip charts, pens, and audio-visual equipment, inelJding an LCDlPowerPoint projector as requested by the University. Any refreshments prdvided to students during the course of instruction are also the responsibility of the Spons~r. 3d. The University will provide Certificates of Attlndance to each student who completes the two-day Course and whose 11ames appear on uJe course sign-in list 4. Fee for Services. The fee for the services to be renderel shall be as follows: 43. The flat fee for delivery of the two-day courle for up to 40 students each is S 1,995.00. This fee is inclusive of all costs fOT ins/ruetion. instructor travel, and Instructional materials incurred by the universitY'l 4b. All payments shall be made in US dollars. eh cks are to be made payable to The Regents ofthc University of California. Fees are ~ue and payable upon completion of the course delivery. An invoice for the two sessions a~mpanics this agreement. Payment shall be sent to: Attenlion: Bernadene Edwards Institute of Transportation Studies Technology Transfer Program University of Cali fomi a at Berkeley 1301 South 46u, Street. Building 155 Richmond, California 94804...4603 Univcrslly of California, Berkelcy Business Conlract OfficcJ1TS Contract Training: SANTA ANA 1/16/2007 Page 2 ~1I1or.21!lIH 12:1l1 51BGG53454 ITS TTP PAGE B3/B7 ., 5. Contract management. The names and addresses of the designated representatives ofthe parties for purposes of carrying out this Agreement are: Sa. The University's Project Coordinator is: Bernadette Edwards - Program Assistant Teclmology Transfer Program Institute of Transportation Studies University of California at Berkeley 1301 S. 46'" Street, Building 155 Richmond, CA 94804 Tel: 510-665-3677 Fax: 51IJ.665-3454 E-mail: bcmietelijlberkelev,edu 5b. The Sponsor's Program Coordinater is: James Ross - Executive Director Public Worles Agency M-43 20 Civil Center Plaza P.O. Box 1988 Santa Ana, Ca 92702 Contact Pe.non: Cesar Rodriguez - Assistant Engineer Traffic Engineering Same Address Tel: 7141647-5626 Fax: 7141647-5616 E-mail: CRodrigu~.santa-ana.ca.us 6. Permissions. The University retains all rights under copyright law to all element.- or components of this course including the right: to make copies of course material; to create derivative works; and 10 perform or instruct any version of this course. Thus Sponsor may not videotape, audio-tape or digitally capture any element of the course or curriculum materials without the express written consent of the University. 7. J.ndemnlfication. 7a. The University shall indemnify, and hold the Sponsor, its officers, employees, or agents hannless from and against any and all liability, loss, or expense, including reasonable University 01 California, Berkeley Bu,iness Contract Office(}TS Contract Training: SAm A ANA 1/1612007 Pago 3 t:l.L/.Lb/:Ll:::Jt" 12:61 5Hl6653454 ITS TTP PAGE 64/67 attorneys' fees, or claims for injury or damages arising out of lJle performance of this Agreement but only in proportion to and to the extent that such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the University, its officers, agents, or employees. Th. The Sponsor shall indemnify, and hold the University, its officers, employees, or agents harmless from and against any and all ]iability, loss, or expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement, bul only in proportion to and to the extent that such liability, loss, expellSe, attorneys' fees, or claims for injury or damages arc caused by or result from the negligent or intentional acts or omissions of the Sponsor, its officers, agents, or employees. 8. TrademarklUDlvenity Name, The University's name and tradcmlllb are protected by California law and may not be used without prior written approval of the Regents of the University of California except to indicate identification or location. 9. Modification. This Agreement may be modified only by mutual written agreement of both parties. The University willllOtify the Sponsor in writing of any substitution in the instructional team identified herein. 10. Course cancellation or rescheduling. lOa. The University may upon five (5) businl1SS days written notice to the Sponsor cancel or reschedule the Course for any reason without penalty. lOb. The Sponsor may cancel the Course upon written notice to the University up until fifteen (15) days before the date of delivery named in Paragraph Ib without penalty. lfthc Sponsor cancels the Course after this date, the Sponsor agrees to pay the full filted fee for the Course. I Dc. The Sponsor may request the University to reschedule the Course delivery at II.llY time. The University will make a good faith attempt to accommodate the Sponsor's request. The Sponsor agrees to pay actual direct costs incurred by the University as a result of rescheduling the Course, up to a maximum of the full fixed fee. This cost for rescheduling shall be paid in addition to the fixed fee for Course delivery as described in Paragraph 4. The more notice and flexibility the Sponsor gives the University with regard to a request for rescheduling, the less likelihood there will be of incurring any extra fee. II. Disputes. In the event of a dispute, this Agreement will be governed by California law and the parties agree to non-binding arbitration in Alameda County under the rules of the American Arbitnalion Associalion. University of California,Berkeley Business Contracl OfficcJITS Contract Training: SANTA ANA 1/16/2007 Page 4 01/02/2007 17:45 5106653454 . ---.- ITS TTP If tbe terms and conditions herein are acceptable, please sign and retum one copy of tbis Agreement to the University's project coordinator named in Paragraph 5, Brian Donohue Title: Business Contracts Office Date: /-2-7'dt CC: BCO, COU,"C 6\c, Business file University of California, Berkeley Business Contr.et OffieellTS Conrroct Training: SANTA ANA 1/212007 Pail" 6 J IIIlleS Ross T e: Executive Director -PW A 1(,,,107 CITY OF SANTA ANA: David N. Rea 'tie: City Manager Date: /_/7-07' PAGE 01/01 A TIEST: By: ~r:!! Patricia E. Healy Title: Clerk of the Council Date: / - / 7-07 APPROVED AS TO FORM By: Joseph W. Fletcher Title: City Anomey By: (,1L,-~~~ Lisa E. Stortk I Title Assistant City Anomey Date: / ) g);7 12/21/2006 11:21 SCHEDULE A DAY ONE S:OOam S:1S-9:45am 9:4S-10:00am IO:OO-1l:30am U:30am -12:30pm 12:30 -1:00pm I :Oo-2:00pm 2:00-S:00pm (with BREAK) 511'16653454 ITS TTP PAGE 08/10 SAFETY AND TRAFFIC CONTROL PLANS FOR WORK ZONES A two-day training CO" rse COURSE OUTLINE INTRODUCTIONS Self introductions and overview of topics and exercises covered in the course. SECTION 1: SAFETY Discussion of safety practices, procedures and the factors that influence safe and unsafe conditions in work zoncs. Topics include: The Need for Traffie Control; Work Zone Safety Rules and Regulations; Human Factors; Common Work Zone Problcms; and Protecting Road Crews and Equipment On-Site. BREAK SECTION %: TRAFFIC CONTROL DEVICES Dcscription and demonstration of traffic control devices, including how to sclcet appropriatc devices. Topics include: Types of Traffic Control Deviccs for Work Zones (signs, stripes, channelizing devices); and Sign SIMdards. LUNCII (on your owo) LEGAL SESSION PART ONE Video: Reducing TorI Liability ill Cali/omit> Work Zones Topics include: What is a Tort?; Anatomy of a Lawsuit; and Elements of Liability. SECTION 3: TRAFFIC CONTROL LAYOUT Principles of safe and effectivc traffic control design and layout Topics include: Definitions and Calculations; Spacing or Devices; Use of Manuals; and Typical Warning Sign Series Set-up. SECTION 4: SETI1NG UP TRAFFIC CONTROL PLANS Through class cxercises, participants willleam how to set-up traffic control pl811S (TCPs) for a comprehensive range of real-world work zone situations. Bcst practices for selling up TCPs lIIill be discussed. Class exercises: . Street Maintenance Operations (Jane markings, sweeping/street cleaning, signal and street liabt maintenance) . Pavement Maintenance and Repair (partial lanc and full lane closures) . Intersection Work Zones (short tenn, long term, rar-sidc, neal"Side and center ofinterseetion) . ShoulderlParking Lane Work Zones University of California, Bcrkeley Buslne$$ ConuaCl Office/lTS Contract Training: SANTA ANA 12120/2006 Page 1 12/21/2006 11:21 DAY TWO 8:00-10:00am 10:00 - JO:]5am 10:]5- ll:OOam 1l:00- 11 :30am 1l:30am-12:30pm 1Z:3o-]:OOpm 1 :00-4:30pm (with BREAK) 4:30-5:00pm 5106653q5q ITS TTP PAGE 09/10 Class exercises continued: . Public Works ConstNction and Maintenance (water mains, manhole maintenance, utility work) . Landscaping and Tree Trimming . Detours for Closed Streets and Roads . MobileIMoving Operations (striping, mowing, marking removal) . Pedestrian3 and Bicycles (diversions, detours, barriers, channelization) . Night-limc Operations . Unattended Work Zone Sites . Incident Management . Multi.lanc High Speed Road Work Zones . Low-speed Lane Closures . Low Volume Road Work Zones . Flagging Operations SECTION 4: SETTING UP TRAFFIC CONTROL PLANS (Continued from Day ODe) BREAK SECTION 5: 1'.REPARE,lNSTALL aDd REMOVE WORK WNES SECTION 6: EV ALUATI: and DOCUMENT WORK WNES LUNCH (on your own) LEGAL SESSION PART TWO Video: Reducing Ton Liahilil)l in CalifomitJ Worle Zones (Continued) Topics include: Importance of Manual. and Documenl.ation; What 10 Do if there is a Collision; Legal Tenns; What to do to Minimize Liability; and What to Do When the Lawyer Calls. SECTION 7: FLAGGING Field procedures for safe and efficient flaggIng operations. Topics include: .Flagging Terminology; Conducting Flagging in the Field; Proper Flagging Equipment, Clothing and Technique.; How to Use Stop/Slow Paddles; and Safe and Unsafe Flagging Practices. COURSE WRAP-UP, EVALUATIONS AND CERTIFICATES SummaI)' of key issues covered during the COUf$e. Final Question and Answer Session. Course Evaluations. Issuing ofCcrtifleates (regular and wallet-sized). University of Califomia, Berkeley Business Conlra.1 Office/ITS Contract Training: SANTA ANA 1212012006 Page 8 t:J~/~O/.lt:JVf ~O;.l'l Olt::Jbb:li,jqOq 1 rs TTP PAGE 09/09 Invoice University of California Inslltute of Transportllllon Studies T.chnology Transfer 1301 So. 46th S1reel, Bldg. 155 Involce Numb.r; TS01-0205-07 Richmond, CA 94804 Date: January 16, 2007 Ph: 510/665-3877 Fall: 51011116-3454 To; Cessr Rodri9uez COURSE1LOCATION ("different address): Public Works Agency M-43 20 Civil Cent.r Plaza City DI anla Ana P.O. Box 1986 CoIp....rll YarrJ-7" FlOOf Trairnng Room Santa Ana, Ca 92702 220 sou1 Daisy Ave""", S1rJg. A Santa A . Ca 92703 CONTACT ACCOUNT . DATE OF COURSE TlMl10 COURSE COURSE FI1E TERMS PERSON Cesar Rodrigue. Ph:714/647-5626 61472-NGZ60 February 5-&.2007 6:00am-5:00pm $1.995.00 Net 30 days Fx:7141647-5616 eadh day QTY. DESCRIPTION UNIT PRICE TOTAL 2 For delivery of the Safely and TraffIC Control Plans ~ Work Zone course for up to 40 students per cia... per signer training $1.995.00 $1.995.00 agreement. , i Plea.e make check peyablelo the UC REGENTS and remit to \he oddreks above: A\In: Bern.detle Edward. TOTAL DUE $1,995.00 '''-'' .,_. ...... ....... . ....... .~.".... wi.. =L "nl I Credit Card #: I I I I Exp Date: for this Safety and Traffic Conlrol class. I authorize my card to be charged tbe amount of S Please print name as It "welln 011. Card: Authorizing Signature: Today's Date: Cancelllltlon Policy: The Unive,,;ily may upon five (5) business days writtCtl notice to Ihe S osor cancel or reschedule the Course for allY reason without penalty. The Sponso.r may cancel the Course upon written notice to the Unive ity up until fifteen (l S) days before lhe date of delivery named in Paragraph 1 (ofthe training centrac1) without penalty. If lhe ponsor cancels tbe Course after this date, the Sponsor agrees to pay the fun fixed fee for the Course. I . THANK YOU FOR YOUR INTEREST IN OUR TRAlNlNb PROGRAMS 'J~-., , ! ~ , ':t C/. If CHECKLIST FOR PROCESSING AGREEMENTS ANDAMENDMENTSu TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: j>WA - T/2AI=FIC CONTACT PERSON: c ~,..q/2 !!O/)Il/6'lJc-z... MAIL STOP: '-/-4 E> EXT.: ~h 2 b AGREEMENT NUMBER (if amendment): A I N THE FOLLOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY: AMENDMENT NUMBER (if applicable): COUNCIL APPROVAL DATE: o 1ST o o 2ND o 3RD AMOUNT: NAME OF CONSULTANT: DOVER $10,000 Bl:JNDER $10,000 !/J1lvCYfl+Y t'-Il4'klwJ1I;"~ BdJ"".,fe./C.Y TERM OF AGREEMENT: EFFECTIVE DATE:~'4'l 2'1 c~7 TERMINATION DATE: F,- h (. Vj , INSURANCE REQUIRED: ~O DYES If yes, 0 ATTACHED o AUTO o PROFESSIONAL LIABILITY o IN PROGRESS o CGL (Commercial General Liability) o WORKERS COMPENSATION (INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: iY VENDOR G" CITY ATTORNEY ~ AGENCY (UNDER $10,000) g..- OTHER C~/T'r. UA/lUAGtJe..) COMMENTS: FOR CLERK OFFICE USE ONLY: ~PROCESS o DO NOT PROCESS o MISSING SIGNATURES rJ NEEDS COUNCIL APPROVAL o OTHER ADDITIONAL REMARKS: / - /1- 0