1995-0502_CALIF DEPT OF TRANSPORTATION_Contract 12G690 Amd 1_v �w
STATE OF CALIFOR4U
TANDARO AGAEEMEN A''{ORNEY GENERAPPROVEDBYTHAL 12136 CTN MBER AM.No.
126690 1
STD. i'(REV.Sa11 TAXPAYM FEDERAL EMPLOYER 10EIITFICATI04 NUM
25th September 96 95-6006666
THIS AGREEMENT, made and entered into this —day of , 19�—
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TfTLE OF OFFICER ACTING FOR STATEI'a'�
DIREC1t�R DEPARTMENT OF TRANSPORTATION hereafter called the State, and
CON TRACTOR'S NAME
CITY OF SAN JUAN CAPISTRANO hereafter called the Contracto
the State hereinafter ezpressc
NESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of
WIT
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contrac(ar, arnoreu to be paid Co urwi,
time for performance or completion, and attach plans and specifications, if any.)
The parties hereto mutually agree to amend the original contract No. 126690
dated November 1. 1994 as follows:
ARTICLE II - CONTRACT ADMINISTRATION IS AMENDED TO READ AS FOLLOWS:
The Contract Manager will be Kirk Patel, Tel. #714-724-2316.
ARTICLE III - CONTRACT PERIOD IS AMENDED TO READ AS FOLLOWS:
This contract shall begin on May 17, 1995 , contingent upon
approval by the State and expire in _January 31. 1997_•
ARTICLE VII - PAYMENT IS AMENDED TO READ AS FOLLOWS:
Discount dust be a minimum of one half of 1% of the total amount
due, but not less than $100.00.
ALL OTHER TERNS AND CONDITIONS OF THE ORIGINAL CONTRACT SHALL REMAIN IN FULL
FORCE AND EFFECT.
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a pan of this agreement,
IN WITNESS WHEREOF• this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
CONTRACTOR (M OMw dun an indirdua/ a1W whWh r a miPontian. PaniwaAo. Na)
DEPARTMENT OF TRANSPORTATION
CITY OF SAN JUAN CAPISTRANO
BY(AUTHORIZED iATU
BY( HORN SX3NATURE)
D a
D
PRINTED NAME OF PERSON SIGNING
EVELYN A. COLLADO
PRINTED NAME OF PERSON SIGNING
Wyatt Hart, Mayor
TITLE CONTRAS OFFICER
ADDRESS 32400 Paseo Adaanto
San Juan Ca istrano CA 92675
AMOUNT ENCUMBERED BY THIS
DOCUMENT
$ 0.00
PROG{UWCATEGORY (CODE AND TITLE)
TRANSPORTATION
FUND TITLE
STATE HWY
Department of General Sarvlas
Use only
(OPTaxuL USE)
PRIOR AMOUNT ENCUMBERED FOR
TMS OONTRACT
REM
2660-001-042-20.20
CHAPTER STATUTE FISCAL AR
�5 93q�
$ $ .,200.00
TOTAL AMOUNT ENCUMBERED TO
DATE
$ 8,200.00"_
OBJECT OF EXPENDITURE (CODE MID TITLE)
1, 12-383-12-383=107224-7042
I hereby certify upon my own pomata) knowledge that &Ogered Ands
T9A. N0.
B.R. NO.
ora available for iod ger perand ptspose of Me etwendllure stated above.
SIGNATURE OF ACCOUNTING OFFICERDATE
q
❑ CONTRACTOR ❑ STATE AGENCY 0 DEPT. OF GEN. SER. ❑ CoNrWI11ER - 0
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD.2 (REV. 5-91) (REVERSE)
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents, and
employees from any And all claims and losses accruing or resulting to any and all contractors,
subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or
supplying work services, materials or supplies in. connection with the performance of this contract,
and from any and all claims and losses accruing or resulting to any person, firm or corporation who
may be injured or damaged by the Contractor in the performance of this contract.
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 California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to
Contractor should Contractor fail to perform the covenants herein contained at the time and in the
manner herein provided. In the event of such termination the State may proceed with the work in
any manner deemed proper by the State. The cost to the State shall be deducted from any sum
due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon
demand.
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.
STANDARD AORMUM '
STA. 2 (RHYS M CONPN'D PAGE 2 OF 2
Laws to be Observed
The contractor shall keep fully informed of all existing and future state and federal laws and county, and
municipal ordinances and regulations which in any manner affect those engaged or employed in the work,the
materials used in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times
observe and comply with, and shall cause all agents and employees to observe and comply with all such existing
and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or
authority over the work. The contractor shall protect and indemnify the State of California, and all officers
and employees thereof connected with the work against any claim, injury, or liability arising from or based on
the violation of any such law, ordinance, regulation, order, or decree, whether by the contractor, a
subcontractor or any employee. If any discrepancy or inconsistency is discovered in the plans, drawings,
specification, or contract for the work in relation to any such law, ordinance, regulation, order or decree, the
contractor shall immediatly report the same to the contract manager in writing.
Specific Statutory Reference
Any reference to certain statutes in this contract shall not relieve the contractor from the responsibility of
complying with all other statutes applicable to the service, work, or rental to be furnished thereunder.
Equipment Indemnification
The contractor shall indemnify the state against all loss and damage to the contractor's property or equipment
during its use under this contract and shall at the contractor's own expense maintain such fire, theft, liability
or other insurance as deemed necessary for this protection. The contractor assumes all responsibility which may
be imposed by law for property damage or personal injuries caused by defective equipment furnished under this
contract or by operations of the contractor or the contractor's employees under this contract.
Inclusive Costs
The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance
premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or
assessments INCLUDING SALES AND USE TAXES required by law or otherwise shall be included in the
price bid and no additional allowance will be made thereof, unless separate payment provision should
specifically so provide.
Non -Solicitation
The contractor warrants, by execution of this contract, that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained or contracted by the contractor for the purpose of securing business. For breach or
violation of this warranty, the state shall have the right to annul this contract without liability, paying only for
the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.
Interfacing With Pedestrian and Vehicular Traffic
Pursuant to the authority contained in Section 591 of the Vehicle Code, the department has determined that
within such areas as are within the limits of the project and are open to public traffic, the contractor shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The
contractor shall take all necessary precautions for safe operations of the contractor's equipment and the
protection of the public from injury and damage from such property.
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
) ss.
0
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No.
96-11-5-2, adopted by the City Council of the City of San Juan Capistrano on fire 5th day of
November, 1996.
(SEAL)
Cheryl Johnso , Cit Jerk
San Juan Capistrano, California
DATED: This 7th day of November, 1996
Fli
RESOLUTION NO. 96-11-5-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT A01 TO
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT NO.
12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND CONTRACT NO.
126695 FOR CITY TRAFFIC ENGINEERING SERVICES ASSOCIATED WITH
WIDENING AND RECONSTRUCTION OF THE I-5 FREEWAY
WHEREAS, the California Department of Transportation is causing construction
work on the I-5 Freeway which from time to time may impact streets within the City of San Juan
Capistrano; and,
WHEREAS, it may be necessary to utilize the City's traffic engineering and Sheriffs
Department services related to work on the I-5 Freeway and to reimburse the City for said work; and,
WHEREAS, Caltrans has proposed certain amendments for State Contracts No.
12G690 and 126695.
NOW, THEREFORE, BE TT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby/aRREment A01 to the California Department of Transportation
Contract Nos. 12G690 and 12G695 for traffic control and Sheriff Department services associated
with the widening and reconstruction of the I-5 Freeway.
PASSED, APPROVED, AND ADOPTED this 5th day of
November , 1996.
ATTEST:
CITY CLERK
WYAT T, MA OR
N W i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-11-5-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of November 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO ON, ITY CLERK
-2-
0
1 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
11 L 1 ' 1. 1
331
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further compliance
with City Resolution No. 83-12-20-3 and on the 7th day of Novamhar 11996,
I caused to be posted:
RESOLUTIONNO. 96-11-5-2 , being
APPROVING AMENDMENTS TO CONTRACTS WITH CALTRANS
FOR TRAFFIC CONTROL AND SHERIFF'S DEPARTMENT SERVICES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT A01 TO
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT NO,
12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND CONTRACT NO.
126695 FOR CITY TRAFFIC ENGINEERING SERVICES ASSOCIATED WITH
WIDENING AND RECONSTRUCTION OF THE I-5 FREEWAY
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station
Recreation Complex; Orange County Public Library.
CHERYL JO SO , CITY CLERK
San Juan Capistrano, California
STATE Of CAUFORNIA—&USINESS ANO TRANSPORTATION AGENCY
DEPP. RTMENT OF TRANSPO ATION
�Adrinistrative Senice Center
office of Contracts
2501 Pullman Street RECEIVED
MS L50, Santa Ana CA _92705
Nov 19 2 0� FII'�6
TeLff 7t4-724-2223
lax# 714-724-2707
,11)*iTr4P11..;�AN i
rem
11/15/96
Contract 12G690, Al
A fully executed copy of the above -referenced contract is enclosed for your files. You are not
authorized to commence work until you have been notified by the State's designated contract manager to
begin.work. The contract manager is not authorized to approve payment for any work or services
performed prior to contract approval nor is the contract manager authorized to change the terms of the
contract without an approved amendment
All invoices are to be submitted to the contract manager with:
• the contract number listed above next to your firm's name,
• your address and phone number preprinted on the invoice,
• the format shown in the bid/cost proposal, if appropriate,
• all appropriate documentation required to prove costs submitted for payment or any
• additional information required in the terms of the contact,
A fully approved contract amendment* is required to:
• extend the term of the contract
• change the description or scope of work.
• allow any additional cost to be incurred which would exceed the cost limit set in the contract
• It will take two to six (2-6) months for a contract amendment to be processed.
All questions regarding invoices, documentation support for invoices, payment, and services are to be
directed to_ L rk Paral . Contract Manager, phone ( ) 714-724-2316
Sincerely,
JUA A V. FAROL
Service Contracts Analyst
Enclosure
cc:
0 0
STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Go.emor
DEPARTMENT OF TRANSPORTATION
Ackimstrative Service Center '
Office of Contracts
2501 Pullman Street
MS 150. Santa Ana CA 92705
October 7,1996
714-724-2206
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA
ATTN: MAYOR REVISED - 10/7/96
RE: 12G690, A01
Dear Contractor,
The above -referenced service contract is enclosed for your review and
approval.
DO NOT BEGIN WORK UNTIL NOTIFIED TO DO SO BY THE CONTRACT
MANAGER.
By law, the State of California cannot pay for work undertaken by any
contractor prior to complete approval of the contract.
A copy of a fully approve contract will be returned to you. 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 other questions, please call this office or the
designated Contract Manager.
Thank you for your prompt processing. Please return all documents to
my attention.
Sincerely,
(4044�
JUA A V. FAROL
Contract Analyst
Enclosures
cc:
OCT 9 1996
0 0
AGENDA ITEM November 5, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Resolution Approving Amendments for Traffic Engineering and
Sheriff s Services with Caltrans Related to Construction on I-5
RECOMMENDATION
It is recommended that the City Council adopt the resolution approving amendments for traffic
engineering and sheriff s services with Caltrans related to construction on I-5.
SITUATION
A. Summary and Recommendation
On May 2, 1995, City Council approved entering into agreements with Caltrans for
reimbursement of City services related to construction on I-5 (Attachment 3). Caltrans is
proposing minor modifications to the agreements including extension of time, change in
Caltrans contract manager and payment discount (Attachment 2). Staff recommends approval
of the amendments.
B. Background
On May 2, 1995, City Council approved entering into two separate agreements with Caltrans
to cover City costs for traffic engineering and police services related to construction work on
I-5 (Attachment 3). The agreement only covers those services that were beyond what was
normally required on a day-to-day basis. An example of this would be additional City services
needed to provide traffic control resulting from a freeway closure. The proposed
modifications are as follows:
1. Article II - Contract Manager is to be revised to Kirk Patel.
2. Article III - Contract expiration period is amended from October 31, 1996, to January
31, 1997.
3. Article VII - Caltrans gives discounts for cash payments. This section revises the
minimum amount from $5 to $100 before the provision would be applicable.
Attachment 2 is comprised of the amended agreements for consideration. Staff sees the
revisions as minor housekeeping changes. Staff, therefore, recommends adoption of the
resolution in Attachment 1 approving the amendments to the agreements.
FOR CITY COUNCIL AC EE,,_ 19
r
0 0
AGENDA ITEM -2- November 5, 1996
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS
None
FINANCIAL CONSIDERATIONS
Financial reimbursement from the State will offset all City costs.
PUBLIC NOTIFICATION
None
ALTERNATE ACTIONS
1. Approve as recommended.
2. Do not approve.
3. Request additional information from staff.
RECOMMENDATION
It is recommended that the City Council adopt the resolution approving amendments for traffic
engineering and sheriff's services with Caltrans related to construction on I-5.
Respectfully submitted,
William M. Huber
Director of Engineering & Building
VOLVA rows
Attachments: 1. Resolution
2. Contract No. 12G690, A01
3. Contract No. 12G695, A01
RESOLUTION NO. 96-11-5-2
1�[l'/ a SII u ►
OU"
�' • I_ I: c �_
/: I on anoxwomI -mi wice1 :I W w4u4mmuma
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT A01 TO
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT NO.
12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND CONTRACT NO.
126695 FOR CITY TRAFFIC ENGINEERING SERVICES ASSOCIATED WITH
WIDENING AND RECONSTRUCTION OF THE I-5 FREEWAY
WHEREAS, the California Department of Transportation is causing construction
work on the I-5 Freeway which from time to time may impact streets within the City of San Juan
Capistrano; and,
WHEREAS, it may be necessary to utilize the City's traffic engineering and Sheriffs
Department services related to work on the I-5 Freeway and to reimburse the City for said work; and,
WHEREAS, Caltrans has proposed certain amendments for State Contracts No.
12G690 and 12G695.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby/Win,dment A01 to the California Department of Transportation
Contract Nos. 12G690 and 12G695 for traffic control and Sheriff Department services associated
with the widening and reconstruction of the I-5 Freeway.
PASSED, APPROVED, AND ADOPTED this 5th day of
November , 1996.
ATTEST:
I�—
CITY CLE
-1-
t
t
4
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-11-S -2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the Sth day of November 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHMON,CCITY CLERK
-2-
PPROVED BY THE
P1-,sDA'F'1DAGREEMENT—WATTORNEYGENERAL • CONiN(CTKWBER All. NO.
St 2 (REV.sal) 126695 1
TAXPAYERS FEDERAL EMPLOVFA OExrIFIUTOM xul
THIS AGREEMENT, made and entered into this 25th _ day em of September '19 96. 95-6006666
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting'
TIRE OF OFFICER ACTING FOR STATE AGENCY
DIRECTOR DEPARTMENT OF TRANSPORTATION
CONTRACTOR'S NAME
CITY OF SAN JUAN CAPISTRANO
hereafter called the State, an,
. hereafter called the Con tracu
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter express.
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 Contract
rime jar performance or completion, and attach plan and specifications, if any.)
The parties hereto mutually agree to mend the original contract No. 126695
dated November 1, 1994 as follows:
ARTICLE II - CONTRACT ADMINISTRATION IS AMENDED TO READ AS FOLLOWS:
The Contract Manager will be Kirk Patel, Tel. #714-724-2316.
ARTICLE III - CONTRACT PERIOD IS AMENDED TO READ AS FOLLOWS:
This contract shall begin on Ma 17 1995 contingent upon
approval by the State and expire in anuary 31, 1997
ARTICLE VII - PAYMENT IS AMENDED TO READ AS FOLLOWS:
Discount must be a minimum of one half of 1% of the total amount
due, but not less than $100.00.
ALL OTHER TEM AND CONDITIONS OF THE ORIGINAL CONTRACT SHALL REMAIN IN FULL
FORCE AND EFFECT.
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a pan of this agreement.
IN WITNESS WHEREOF, this agreement has been -executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
CONTRACTOR (Mexxr tun An iMwitlua( ream rANMr • mrpoNion, pvhrnhp, �fal
DEPARTMENT OF TRANSPORTATION
CITY OF SAN JUAN CAPISTRANO
BY(AUTHOR A )
BY (AUT SIGNATURE)
PRINTED
PRINTED NAME OF PERSON SIGNING
NAMEOF PERSON SIGNING
EVELYN A. COLLADO
Wyatt art, Mayor
TTTLE CONTRACTS OFFICER
ADORE 32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AMOUNT ENCUMBERED BY THIS
PROGRAM.GTEGORY (CODE AND TRUE)
FUND TITLE
Department of General Services
DOCUMENT
TRANSPORTATION
STAT HWY
Use Only
0.00
(OPTIONAL USE)
.
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
ITEM
CHAPTER STATUTE FISCAL YEAR
$ 3;750.00
2660-001-042-20.20 5r� t?3 g3r9df
OBJECT OF EXPENDITURE (CODE AND 7TITLE)
TOTAL AMOUNT ENCUMBERED TO
DATE
$ 3,750.00
12-383-12-383-107224-7042
I hereby certify upon W own personal bwwledye that budgeted tuda
TAA MD.
BR NO.
are awAsble for Me period and purpose of Me eJmendinae stated above.
SIGNATURE OF Ar.,COUFITaIG OFFICER
DALE
D (2 44 sc ��
9 19
❑ CONTRACTOR ❑ STATE AGENCY 0 DEPT. OF GEN. SER. ❑ CONTROLLER 1 11
STA.t O� u.FORNu
STANDARD AGREEMENT
STC. 2 'A, V bit) la_+c RS_,
1. The Contractor agrees to indemnify, defend and save harmless the $late, its officersitgentsand employees
from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation furnishing or supply'inp work services.
materiaLs or supplies in connection with the performance of this contract, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the
Contractor in the performance of this contract
2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, &lull
act in an independent capacity and not as officers or employees or agents of State of California.
3. The State mac terminate thisagreement and be relieved of the paymentoranyconsideration to Contractor
should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event or such termination lite State may proceed with the work in any manner deemed
proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this
agreement, and the balance. if any, shall be paid the Contractor upon demand.
4. %N ithout the &bitten consent or 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. \o alteration or variation of the terms of-tbiscontract 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 he 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
otherm ise expressly so provided.
81 81014
STAGRBRI�Ni • •
STA.
A. 2 2 (RD RHVRRSR) CON'1'N'D PAGE 2 OP 2
Laws to be Observed
The contractor shall keep fully informed of all existing and future state and federal laws and county, and
municipal ordinances and regulations which in any manner affect those engaged or employed in the work,the
materials used in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times
observe and comply with, and shall cause all agents and employees to observe and comply with all such existing
and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or
authority over the work. The contractor shall protect and indemnify the State of California, and all officers
and employees thereof connected with the work against any claim, injury, or liability arising from or based on
the violation of any such law, ordinance, regulation, order, or decree, whether by the contractor, a
subcontractor or any employee. If any discrepancy or inconsistency is discovered in the pians, drawings,
specification, or contract for the work in relation to any such law, ordinance, regulation, order or decree, the
contractor shall immediatly report the same to the contract manager in writing.
Specific Statutory Reference
Any reference to certain statutes in this contract shall not relieve the contractor from the responsibility of
complying with all other statutes applicable to the service, work, or rental to be furnished thereunder.
Equipment Indemnification
The contractor shall indemnify the state against all loss and damage to the contractor's property or equipment
during its use under this contract and shall at the contractor's own expense maintain such fire, theft, liability
or other insurance as deemed necessary for this protection. The contractor assumes all responsibility which may
be imposed by law for property damage or personal injuries caused by defective equipment furnished under this
contract or by operations of the contractor or the contractor's employees under this contract.
Inclusive Costs
The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance
premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or
assessments INCLUDING SALES AND USE TAXES required by law or otherwise shall be included in the
price bid and no additional allowance will be made thereof, unless separate payment provision should
specifically so provide.
Non -Solicitation
The contractor warrants, by execution of this contract, that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained or contracted by the contractor for the purpose of securing business. For breach or
violation of this warranty, the state shall have the right to annul this contract without liability, paying only for
the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.
Interfacing With Pedestrian and Vehicular Traffic
Pursuant to the authority contained in Section 591 of the Vehicle Code, the department has determined that
within such areas as are within the limits of the project and are open to public traffic, the contractor shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The
contractor shall take all necessary precautions for safe operations of the contractor's equipment and the
protection of the public from injury and damage from such property.
.k
9 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No.
96-11-5-2, adopted by the City Council of the City of San Juan Capistrano on the 5th day of
November, 1996.
(SEAL)
Cheryl Johnso&'Cityctlerk
San Juan Capistrano, California
DATED: This 7th day of November, 1996
1 4
RESOLUTION NO. 96-11-5-2
" c _ _oxema M_L._ _V I_-ALVA F1 Vf4w _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT A01 TO
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT NO.
12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND CONTRACT NO.
126695 FOR CITY TRAFFIC ENGINEERING SERVICES ASSOCIATED WITH
WIDENING AND RECONSTRUCTION OF THE I-5 FREEWAY
WHEREAS, the California Department of Transportation is causing construction
work on the I-5 Freeway which from time to time may impact streets within the City of San Juan
Capistrano; and,
WHEREAS, it may be necessary to utilize the City's traffic engineering and Sheriffs
Department services related to work on the I-5 Freeway and to reimburse the City for said work; and,
WHEREAS, Caltrans has proposed certain amendments for State Contracts No.
12G690 and 12G695.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby/an�K(Sent A01 to the California Department of Transportation
Contract Nos. 12G690 and 120695 for traffic control and Sheriff Department services associated
with the widening and reconstruction of the I-5 Freeway.
PASSED, APPROVED, AND ADOPTED this 5th day of
November , 1996.
ATTEST:
�--
CITY CLE
WYAT T, MA OR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-11-5-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the Sth day of November 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
-2-
• i �•CLERK
V
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
Capistrano;
I, CHERYL JOHNSON, declare as follows:
331
That I am the duly appointed and qualified City Clerk of the City of San Juan
That in compliance with State laws of the State of California and in further compliance
with City Resolution No. 83 -12-20-3 and on the 7th day of Nnunmher 11996,
I caused to be posted:
RESOLUTIONNO. 96-11-5-2 ,being
s
1 . 0 M 17111711111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT A01 TO
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT NO.
12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND CONTRACT NO.
126695 FOR CITY TRAFFIC ENGINEERING SERVICES ASSOCIATED WITH
WIDENING AND RECONSTRUCTION OF THE I-5 FREEWAY
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station
Recreation Complex; Orange County Public Library.
CHERYL JO SO , CITY CLERK
San Juan Capistrano, California
CAufORN1A-6USINE55 ANO TRANSPORTATION AGENCY
ODP ARTMENT OF
'1Adrpnistrative Service center
Office of Contracts
Z50t Pullman Street
MS L50. Santa Ana CA 92705
TO.# 714-724-2223
IAnx# 714-724-2707
ATION
RECEIVED
Nov 19 2 D? ?h 'SS
Cl r I �'''K
n. r ' i;!"ET
c,irosS„ii
JUNri r, r.. ";jAF;"
11/15/96
12G695, Al
PETE
A fully executed copy of the above -referenced contract is enclosed for your files. You are not
authorized to commence work until you have been notified by the State's designated contract manager to
begin work. The contract manager is not authorized to approve payment for any work or services
performed prior to contract approval nor is the contract manager authorized to change the terms of the
contract without an approved amendment
All invoices are to be submitted to the contract managerwith:
• the contract number listed above next to your firm's name,
• your address and phone number preprinted on the invoice,
• the format shown in the bid/cost proposal, if appropriate,
•. all appropriate documentation required to prove costs submitted for payment or any
• additional information required in the terms of the contact,
A fully approved contract amendment* is required to:
• extend the term of the contract
• change the description or scope of work.
• allow any additional cost to be incurred which would exceed the cost limit set in the contract.
` It will take two to six (2-6) months for a contract amendment to be processed.
All questions regarding invoices, documentation support for invoices, pay t i are to be
directed to Kirk Patel . Contract Manager, phone ( ) —�4—
Sincerely,
4JUAA . FAROL
Service Contrails Analyst
Enclosure
cc:
9 9
STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY _ PETE WILSON, Ge,,,
DEPARTMENT OF TRANSPORTATION
Administrative Service Center >t�_
Office of Contracts
2501 Pullman Street
MS 150, Santa Ana CA 92705 October 7,19%
714-724-2206
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA
ATTN: CAROLYN NASH REVISED - 10/7/96
RE: 12G695, A01
Dear Contractor,
The above -referenced service contract is enclosed for your review and
approval.
DO NOT BEGIN WORK UNTIL NOTIFIED TO DO SO BY THE CONTRACT
MANAGER.
By law, the State of California cannot pay for work undertaken by any
contractor prior to complete approval of the contract.
A copy of a fully approve contract will be returned to you. 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 other questions, please call this office or the
designated Contract Manager.
Thank you for your prompt processing. Please return all documents to
my attention.
Sincerely,
JUA A V. FAROL
Contract Analyst
Enclosures
cc:
OCT 9 7996
0
November 7. 1996
Juana Farol, Contract Analyst
Department of Transportation
Administrative Service Center
Office of Service Contracts, Building "B"
2501 Pullman Street, MS150
Santa Ana, California 92705
Re: Contracts 12G690 and 12G695. A01
Dear Ms. Farol:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
MATT HART
GILJONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of November 5, 1996, the City Council of the City of San Juan Capistrano
adopted Resolution No. 96-11-5-2, which approved amendment A01 to Contracts 12G690
and 12G695. A certified copy of Resolution No. 96-11-5-2 is enclosed for your
information.
Six copies of each Contract have been signed by the City and are enclosed. Upon
approval and signature by the appropriate State officer, please return one fully -executed
copy to the City Clerk's office.
Thank you for your cooperation. If I can be of further assistance, I can be reached at 443-
6308.
Very truly yours,
Cheryl Joh o14��n !/
City Clerk
Enclosure
cc: Engineering and Building Director
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
AGENDA ITEM November 5, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Resolution Approving Amendments for Traffic Engineering and
Sheriffs Services with Caltrans Related to Construction on I-5
RECOMMENDATION
It is recommended that the City Council adopt the resolution approving amendments for traffic
engineering and sheriff s services with Caltrans related to construction on I-5.
SITUATION
A. Summary and Recommendation
On May 2, 1995, City Council approved entering into agreements with Caltrans for
reimbursement of City services related to construction on I-5 (Attachment 3). Caltrans is
proposing minor modifications to the agreements including extension of time, change in
Caltrans contract manager and payment discount (Attachment 2). Staff recommends approval
of the amendments.
B. Background
On May 2, 1995, City Council approved entering into two separate agreements with Caltrans
to cover City costs for traffic engineering and police services related to construction work on
I-5 (Attachment 3). The agreement only covers those services that were beyond what was
normally required on a day-to-day basis. An example of this would be additional City services
needed to provide traffic control resulting from a freeway closure. The proposed
modifications are as follows:
1. Article II - Contract Manager is to be revised to Kirk Patel.
2. Article III - Contract expiration period is amended from October 31, 1996, to January
31, 1997.
3. Article VII - Caltrans gives discounts for cash payments. This section revises the
minimum amount from $5 to $100 before the provision would be applicable.
Attachment 2 is comprised of the amended agreements for consideration. Staff sees the
revisions as minor housekeeping changes. Staff, therefore, recommends adoption of the
resolution in Attachment 1 approving the amendments to the agreements.
FOR CITY COUNCIL AC 'D9
AGENDA ITEM -2- November 5. 1996
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS
None
FINANCIAL CONSIDERATIONS
Financial reimbursement from the State will offset all City costs.
PUBLIC NOTIFICATION
None
ALTERNATE ACTIONS
1. Approve as recommended.
2. Do not approve.
3. Request additional information from staff.
RECOMMENDATION
It is recommended that the City Council adopt the resolution approving amendments for traffic
engineering and sheriff's services with Caltrans related to construction on I-5.
Respectfully submitted,
ZZ� "- i�4.�'�-
William M. Huber
Director of Engineering & Building
WMH:ch
Attachments: 1. Resolution
2. Contract No. 12G690, AO
3. Contract No. 12G695, AOI
•
RESOLUTION NO. 96-11-5-2
Fill M UV14 7rdm# a 17#1 WIN 131,11. 13111410-11) 42111 go 1313 F-1 31,11 [117.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT A01 TO
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT NO.
12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND CONTRACT NO.
12G695 FOR CITY TRAFFIC ENGINEERING SERVICES ASSOCIATED WITH
WIDENING AND RECONSTRUCTION OF THE 1-5 FREEWAY
WHEREAS, the California Department of Transportation is causing construction
work on the I-5 Freeway which from time to time may impact streets within the City of San Juan
Capistrano; and,
WHEREAS, it maybe necessary to utilize the City's traffic engineering and Sheriffs
Department services related to work on the I-5 Freeway and to reimburse the City for said work; and,
WHEREAS, Caltrans has proposed certain amendments for State Contracts No.
I2G690 and 12G695.
NOW, THEREFORE RE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does herebyiaginrJment A01 to the California Department of Transportation
Contract Nos. 12G690 and 12G695 for traffic control and Sheriff Department services associated
with the widening and reconstruction of the I-5 Freeway.
PASSED, APPROVED, AND ADOPTED this Sth day of
November , 1996.
ATTEST:
CITY CLERI
-1-
t
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-11-S-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of November 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO ON, ITY CLERK
-2-
CONTRACTOR
❑ CALTRANS
❑ DEPT. OF GEN. SER.
❑ CONTROLLER
❑ ADMIN.
13
STATE OF CALIFORNIA
DEPARTMENT O*
TRANSPORTATION
Sheet 1......... of 6
ORR
6;' * ..........(iYUM ............P M.
SOURCE
CHARGE
FOR AYTN.
SPECMIL DESIGNATION
Address32400
,Paseo
Adelanto,, ,San Juan ,9ePi,$XF.44Q...GA
9.267.E .....................
OBJECT
AMOUNT
OE&i oP CREDIT
FlER
YEAR
EEM
rental as hereinafter set forth to the Depart-
GENIED
SUIkCCT
•
r
SU"NO
RAN I.ACELxO
sheets, and he
agrees to receive and accept as
full compensation therefor the prices namec
herein.
ISi
HIE
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OISi
UXIT
MUYNR
FUNDING:
g
WORK ORDER NO
SRIOGE x0 ETC
BRIDGE
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2 369
2 369
07W
042
$8,200.00
ESTATE
❑ JOINT
❑ FEDERAL
ITEM
CHAPTER
STATUTE$FISCAL
YEAR
2660-001-042-20`1D
55
ky4pqp
M,35
12G690
CONTRACT NO . .............................
1 noby Corea, upon my own personal kMwWGV6 Mat budgMad tuns am avaHabla
Thr mlmbar ro be placed On AN Uwoieaa
for Ins peri d and pYrpow, of the oxp bditum Stated above.
CALIFORNIA
SIGNATURE OF ACCOUNTING O�F�FIC/E(R��-(�ANA
//'�V'_/ .`.' ISI/✓l.C.,-
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... .... ...... .. .. ,
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11TllbGlEl}MGT i_ 1 Q Q A
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Date .'.::'---. -.R . -:%: .....................
City of San Juan Capistrano (714 493-1171
Contractors Name .................. .. ...................... Fhone ....!................
•IP1.
bill Y aboval
Address32400
,Paseo
Adelanto,, ,San Juan ,9ePi,$XF.44Q...GA
9.267.E .....................
Liber NO and Clan
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 namec
herein.
The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractors 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 bythe 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 maybe modified and that the State reserves
the right to terminate this agreement upon written notice to the Contractor.
KI Exempt From
Deortment of Genefel SOM "ApproveL
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.
DEPARTMENT OF TRANSPORTATION CONTRACTOR
By..... r ..................... San Juan Capistrano..........`............
Mahesh Shatt, Senior,
Transportation EngineerBY
,
oCAROLYN H,.*MAYOR
HMAYOR
Approved by L Title OFPbn
oaR.....................................
Ani] a7Z.ct.w zq%Avn2/EG4...........................................
District Contract Officer Federal LD. Number
DAS-0e114-1 284 (REV. tY8e)
A. The Contractor shall keep himself fully informed of all existing and future State and Federal laws ana
county and municipal ordinances and regulations which in any manneraffect those engaged or employed
in the work or the bodies ortribunals having any jurisdiction or authority over the same. H e shall at all times
observe and comply with, and shall cause all his agents and employees to observe and comply with all
such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having
any jurisdiction or authority over the work If any discrepancy or inconsistency is discovered in this can -
tract in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith
report the same to the State in writing.
B. The Contractor agrees to indemnity, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses occurring or resulting to any and all contractors w *':contrac-
tors,
!:contrastors, materialmen, laborers and any other person, firm or corporation furnishing or supplyiny work ser-
vices, materials or supplies in connection with the performance of this contract, and from any and all claims
and losses occurring or resulting to any person, firm or corporation who maybe injured ordamaged by the
Contractor in the performance of this contract
C. The mentioning of certain statutes in this contract shall not relieve the Contractor from the responsibility
of complying with any other statutes applicable to the service or rental to be furnished hereunder.
D. The Contractor shall Indemnity the State against all lose and damage to the Contractoes property orequip.
ment during its use under this contract and he shall at his own expense maintain such fire, theft, liability or
other insurance as he deems necessary for his protection. The Contractor assumes all responsibility
which maybe imposed bylaw for property damage or personal injuries caused by defective equipment fur-
nished under this contract or by operations of the Contractor or his employees under this contract
E. The cost of employer payments to Oran behalf of employees,subsistence, travel, compensation insurance
premiums, unemployment contributions, social security taxes, contract bond premiums, and any other
taxes or assessments INCLUDING SALES TAXES required by law or otherwise shall be included in the
price bid and no additional allowance will be made therefor, unless separate payment provision should
specifically be provided for.
F. The Contractor, and the agents and employees of Contractor, in the performance ofthisagreement shall
act in an independent capacity and not as officers or employees or agents of State of California
G. The Contractor warrants, by execution of this contract that no person or selling agency has been
employed or retained to solicit or secure this contract upon an agreement or understanding for a commis-
sion, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Contractor for the purpose of securing business. For
breach or violation of this warranty the State shall have the right to annul this contract without liability, pay-
ing on i, for the value of the work actually performed, Orin its discretion, to deductfrom the contract price or
consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or con-
tingent fee.
H. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Depart. -ent has determined
that within such areas as are within the limits of the project and are open to public traffic, the Contractor
shall comply with all of the requirements set forth in D ivisions 11. 12,13,14 and 15 of the Vehicle Code. The
Contractor shall take all necessary precautions for safe operation of his equipment and the protection of
the traveling public from injury and damage from such equipment
1. The State may terminate this agreement and be relieved of the payment of any consideration toContrac-
for should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination the State may proceed with the work in any manner deemed pro-
per by the State. The cost to the State shall be deducted from any sum due the Contractor under this agree-
ment, and the balance, if any, shall be paid the Contractor upon demand
J. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or
in part
K Time is of the essence in this agreement
L In accordance with Public Contract Code 10296, a Contractor who is not a public entity, by signing this
contract, hereby swears under penalty of perjury that not more than one final unappealable finding of con-
tempt of court by a federal court has been issued against him within the immediately preceding two-year
period because of the Contractors failure to comply with an order of a federal court which orders him to
comply with an order of the National Labor Relations Board
DAS-OSM-1294 (REV. 6/891
f • •
Contract No. 12G690
Sheet 2 of 6
I. DESCRIPTION
The city of San Juan Capistrano (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 San Juan Capistrano. 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 San Juan Capistrano's Contract Manager for the project
will be Lt. Paul Sullivan, (714) 443-6371.
III. CONTRACT PERIOD
This contract shall begin on May 17, 1995, contingent upon approval
by the State, and expire on October 31, 1996.
IV. COST LIMITATION
Total amount of this contract shall not exceed $8,200. 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.
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 reconstruction of the
I-5 freeway, and the I-5/405.
B. Police officers shall be provided on an as -needed basis,
subject to Police 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.
D. This agreement does not authorize for any full freeway closure
to facilitate the San Joaquin Hills Toll Road false work
construction.
E. Any diversion of I-5 through traffic to city streets from
freeway closures should be after Camino Capistrano and Rancho
Viejo roads are back in full service. This should be
0 0
Contract No. 12G690
Sheet 3 of 6
accomplished with prior approval of City Traffic Engineer.
VI. RATES
$43.00 per hour, per officer
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 Ana, CA 92705
B. 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 I-5 and the I-
5/405 confluence. Per this agreement, the State is authorized
to contract for traffic control to mitigate the effects of
increased traffic on local streets caused by the widening of
the I-5 and 1-5/405 confluence.
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.
D. Discount must be a minimum of 1/2 of 1% of the amount due, but
not less that $5.00.
VIII. AMENDMENT
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) days written notice to the
Contractor.
X. DISPUTES
A. Any dispute concerning a question of fact arising under this
0 0
Contract No. 12G690
Sheet 4 of 6
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.
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.
ARTICLE XI. NON-DISCRIMINATION
During the performance of this contract, Contractor and its
subcontractors shall not unlawfully discriminate, harrass or allow
harassment, against any employee or applicant for employment
because of sex, 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. Contractors and subcontractors shall
ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and
harrassment. 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 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 (a -
f), 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 thereof 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.
This contract shall include the non-discrimination and compliance
provisions of this clause in all subcontracts to perform work under
this contract.
XII. STATEMENT OF
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
Contract No. 12G690
Sheet 5 of 6
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
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
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 to reflect any
reduction of funds.
%IV. 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)
%V. MUTUAL HOLD 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
0
Contract No. 12G690
Sheet 6 of 6
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.
BVI. 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 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
(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
(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.
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1776
October 2, 1995
Mr. Morteza Fahrtash, Proj. Eng.
Caltrans, District 12
2501 Pullman Street
Santa Ana, CA 92705
Re: Contracts for Traffic Control and Sheriffs Services
Dear Mr. Fahrtash:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
MATT HART
GILJONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of May 2, 1995, the City Council of the City of San Juan Capistrano approved
Contract No. 12G690 with the California Department of Transportation for Sheriffs Department
Services and Contract No. 12G695 for City Traffic Engineering/Control Services in conjunction with
the widening and reconstruction of the I-5 Freeway.
A copy of approved Resolution No. 95-5-2-2 was sent to you on May 4, 1995, along with two copies
of each of the contracts signed by Mayor Nash. To date, our City Clerk has not received back a fully -
executed copy of either contract. Your prompt attention to this matter would be appreciated as
several months have passed since contract approval.
Should you have any questions or problems, please do not hesitate to call me at (714) 443-6336.
Very truly yours,
William M. Huber
Director of Engineering and Building
WMH:ch '
cc: City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
May 4, 1995
Mr. Morteza Fahrtash
Project Engineer
Caltrans, District 12
2501 Pullman Street
Santa Ana, California 92705
mlo,ro�+no
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1776
Re: Contracts for Traffic Control and Sheriffs Services
Dear Mr. Fahrtash:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
OIL JONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of May 2, 1995, the City Council of the City of San Juan Capistrano
approved Contract No. 12G690 with the California Department of Transportation for
Sheriffs Department Services, and Contract No. 12G695 for City Traffic
Engineering/Control Services in conjunction with the widening and reconstruction of the
1-5 Freeway. A Copy of Resolution No. 95-5-2-2, setting forth the City Council's approval,
is enclosed for your information. Both contracts will be effective for the period ending
October 31, 1996, at a cost not to exceed $8,200 for Sheriffs Services and $3,750 for City
engineering services.
Two copies each of the contracts are enclosed. Both have been signed by Mayor Nash.
When the contracts are signed by the appropriate State officials, please return a fully -
executed copy of each one to this office. A return envelope has been enclosed for your
use.
Please contact Bill Huber, Engineering and Building Director, at 443-6336 if you need any
further information.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosures
cc: Engineering and Building Director
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
•
RESOLUTION NO 95-5-2-1 ACCEPTANCE OF EASEMENT FOR
PUBLIC STREET. HIGHWAY ,AND UTILITY PURPOSES.
ARCEUTECTURAL CONTROL88-9 AND ARC111TECTURAL
CONTROL 89-9 (QO Y/4 A. IDE RANCHOS) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING AN EASEMENT FOR PUBLIC STREET,
HIGHWAY, AND UTILITY PURPOSES IN CONNECTION WITH
DEVELOPMENT OF AC 88-9 AND AC 89-9, DOLLEY/SEASIDE
RANCHOS
The City Clerk was directed to forward the easement to the County Recorder.
4. RESOLUTION APPROVING CONTRACTS FOR TRAFFIC ENGINEERING
/ AND SHERLFF'S SERVICES WITH CAL TRANS RELATED TO
CONSTRUCTION ON I- (60P.50)
As set forth in the Report dated May 2, 1995, from the Engineering and Building Director,
the following Resolution was adopted approving Caltrans Contracts Nos. 12G690 and
12G695 for traffic control and Sheriffs services required as a result of traffic diverted onto
City streets due to construction along I-5:
SERVICES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT
NO. 12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND
CONTRACT NO. 12G695 FOR CITY TRAFFIC ENGINEERING
SERVICES ASSOCIATED WITH WIDENING AND RECONSTRUCTION
OF I-5 FREEWAY
The Resolution requires Caltrans to reimburse the City for traffic control and Sheriff services
which are beyond those services normally provided, in an amount not to exceed $3,750 for
traffic control and $8,200 for Sheriffs services, for the two-year period beginning
November 1, 1994, through October 31, 1996. The Mayor was authorized to execute the
contracts on behalf of the City.
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As set forth in the Report dated May 2, 1995, from the Engineering and Building Director,
the following Resolution was adopted accepting the 10 -foot -wide easement for recreational
trail purposes:
City Council Minutes -3- 512195
0 0
AGENDA ITEM May 2, 1995
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Resolution Approving Contracts for Traffic Engineering and
Sheriffs Services with Caltrans Related to Construction on I-5
It is recommended that the City Council adopt a resolution approving the attached agreements for
traffic engineering and sheriffs services in conjunction with construction on I-5.
SITUATION
A. Summary and Recommendation
Caltrans will reimburse the City for traffic and Sheriffs services on City streets as a result of
traffic diverted onto City streets because of construction along I-5. Staff supports the
agreements for $3,750 and $8,200, respectively, for traffic and sheriffs services.
B. Background
Caltrans proposes that the City enter into a reimbursement agreement to provide for traffic
control and sheriffs services on City streets as a result of construction on I-5. The agreement
provides for the following:
The City would provide services that were beyond the normal traffic control and
sheriffs services to move traffic on City streets. This could be the result of lane or ramp
closures on I-5 necessitating modifications to City signals, restriping, provision of
sheriffs services, etc.
The agreement will be effective for a period from November 1, 1994, to October 31,
1996.
Services are not to exceed $3,750 for traffic control and $8,200 for sheriffs services.
Full freeway closures are specifically excluded until the work on Camino Capistrano and
Rancho Viejo Road are completed.
FOR CITY COUNCIL AGENT
AGENDA ITEM -2- May 2, 1995
5. Caltrans will remain responsible for signing, striping, etc., for project -planned detours.
Staff believes the agreements to be fair in providing funding for the proposed services and is,
therefore, supportive of their approval.
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS
None
FINANCIAL CONSIDERATIONS
Financial reimbursement will offset Staff costs.
PUBLIC NOTIFICATION
Mort Fahrtash, Caltrans
ALTERNATE ACTIONS
1. Approve as recommended.
2. Do not approve.
3. Request additional information from Staff.
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the attached agreements for
traffic engineering and Sheriffs services in conjunction with construction on I-5.
Respectfully submitted,
William M. Huber
Director of Engineering & Building
WMH: ch
Attachments: 1. Resolution
2. Caltrans Contract No. 12G695
3. Caltrans Contract No. 12G690
0 •
RESOLUTION NO. 95-5-2-2
' ; rI /I► � ►YY:: ill '. YY: Y:: ► t ;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CALIFORNIA DEPARTMENT OF
TRANSPORTATION CONTRACT NO. 12G690 FOR SHERIFFS DEPARTMENT
SERVICES AND CONTRACT NO, 12G695 FOR CITY TRAFFIC
ENGINEERING SERVICES ASSOCIATED WITH WIDENING AND
RECONSTRUCTION OF I-5 FREEWAY
WHEREAS, the California Department of Transportation is causing construction
work on the I-5 Freeway which, from time to time, may impact streets within the City of San Juan
Capistrano; and,
WHEREAS, it may be necessary to utilize the City's traffic engineering and Sheriffs
Department services related to work on the I-5 Freeway and to reimburse the City for said work.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approve the California Department of Transportation Contract Nos.
12G690 and 126695 for traffic control and Sheriff Department services associated with the widening
and reconstruction of the I-5 freeway.
PASSED, APPROVED, AND ADOPTED this 2nd day of
May 1995.
&�WL )20'�
CAROLYN ASH, MAYOR
ATTEST:
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-1-
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-5-2-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of May 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin
and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHN N ITYC��`
-2-