HomeMy WebLinkAboutResolution No. 4036 RESOLUTION NO. 4036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACT #U -7963 WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL
POLICE SECURITY PATROL IN THE I -105 FUTURE
FREEWAY AREA.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager be authorized to enter into
the attached supplemental contract No. U -7963 which provides for a one -
man police security patrol within the I -105 future freeway area in the
City of Downey, 24 hours per day, 7 days per week, for an amount of
$280,000. The period will be from January 1, 1982 through December
31, 1982.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall provide for appropriate distribution thereof.
APPROVED AND ADOPTED this 10th day of November , 1981.
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. 1ton Mackaig, .y.r
ATTEST:
f r> f
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the City Council of the City of Downey at a regular meeting thereof, held
on the 10th day of November , 1981, by the following vote, to wit:
AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
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City Clerk
WHIZ f'- HEAcCUARTERS E OLIRNIt:
STATE OF CA FO
. ,YELLOW- CONTRACTOR Sleet of _____4 _ __ _
' GREEN - CONTROLLER DEPARTMENT OF
PINK - DISTRICT OFFICE LA 105 VAR
GOLDENROD- FIELDMAN TRANSPORTATION Cr,. Route P.M. BLUE- CONTRACTORS FILE PREVIOUS CONTRACT NO. T -7634 •
i
SOURCE CHARGE EXP. AU T H. SPECIAL DESIGNATION FEDERAL -
AMOUNT FISCAL ENCUMBRANCE
- �; GEN.LED. SUB - ACCT. SUB - JOB N0. - R /W PARCEL NO. OBJECT w
sX DEBIT OR CREDIT YEAR vo DOCUMENT
F UNDS ZO NUMBER
�iST. UNIT DI ST. UNIT WORK ORDER N0. a.' LOCATION BRIDGE NO. ETC. wu
1
07 45 007 900 073 202 ' 658 280 000.00 r.). -44 796
��l • • - HAPTER STATUTES FISCAL YEAR
20,5 99 81 81 82 CONTRACT NO. U -7963
1 hereby certify upon my own personal knowledge that budgeted This number to be placed on all bills
f'snds are available for theperiod and purpose of the expenditure
y "aced above.
NATURE OF ACCOUNTING jZFFICUI DATE • 1,0s Angeles CALIFORNIA,
c (az3 /g/
V.. . Oc.taber .13 " , 19 81 . .
Contractor's Name CITY OF DOWNEY Phone 861 7061
(Please b i l l as above)
Address 8425 - 2nd Street, Downey California 90241
License No. and Class
The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transporta-
tion in accordance with the provisions on BOTH SIDES of this form and on the attached sheets, if any, and he agrees to
receive and accept as full compensation therefor the prices named herein:
The City of Downey will furnish all labor, supervision, materials, and
equipment for a police patrol within the I -105 future freeway area in
" the City of Downey. , .
,,,
Y .
The Contract Shall Begin : January 1, 1982
The Contract Shall Expire : December 31, 1982
TOTAL AMOUNT OF CONTRACT $280,000.00 •
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The said Department of Transportation hereby agrees to the terms as above set forth, and hereby agrees to pay the
same, provided that by mutual consent this agreement may be modified and that the State reserves the right to terminate
this agreement upon written notice to the Contractor.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written.
HB /ci
DEPARTMENT OF TRANSPORTATION
CONTRACTOR
By CITY OF DOWNEY _
Contracts Officer Firm Name
By
Approved by r r
,. Title or Position
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MAIL
CALTRANS �WS IN TRIPLICATE TO:
120 S. Spring St. .
DAS -OBIS 1284 (REV. 10/80) Los Angeles, CA 90012
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- 'A. -The Contractor shalt keep himself fully informed cf ail existing and future State and Federal laws and t
county and municipal ordinances and regulations which in any manner affect those engaged or employed in the
- work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders
:a#ad .degrees of bpc ie.s orKtribunals having any jurisdiction or authority over the same. He shall at all times observe
and comply with, and shall caus° 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; and shall protect and indemnify the State of California, and all officers and employees thereof
connected with the work, includir`dbut not limited to the Director of Transportation and staff, against any claim or
liability arising from or based on the ;,violation, of any such law, crdinance, regulation, order, or decree, whether
by himself or his employees: If any dtiscrepancy"or inconsistency is discovered in this contract 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 mentioning - of certain statutes in this contract shalt not relieve the Contractor from the 'responsibility of
. complying with any other statutes applicable to the service or rental to be furnished hereunder.
C.-The Contractor shall indemnify the State against all loss and damage to the Contractor's property or
t equipment during its use under this -co_ntragt 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
may be imposed by law for property damage or personal injuries caused by defective equipment furnished under
this contractor by operations of the Contractor or_his employees under this contract. -
D.-The cost of employer payments to or .on behalf_of employees, subsiVeac er,..travel, insurance
premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or
assessments INCLUDING SALES TAXES required by taw 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.
E.- It is expressly agreed that all persons engaged on this work are employees of the Contractor and that none
are employees of the Department of Transportation of the State of California.
F. The Contractor warants by execution_of this contract, that no person or selling' agency, has been employed s.
or to solicit or secure this contract tapon art agree or understanding for a_comm p
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial oi• selling &-
agencies maintained by the Contractor for the purpose of securing business.. For_.breach, or violation of this war -
ranty the State shall have the right to annul this contract without - liability, paying' only the value of the work
actually performed, or in its discretion to deduct from the contract price orconsideration, or, otherwise recover, the
full amount of such commission, percentage, brokerage or contingent fee.
G.- Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that
within such areas as are within the iimits 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 operation of his equipment and the protection of the traveling public from
injury and damage from such equipment.
H.- ASSIGNMENT OF ANTITRUST ACTIONS. -The Contractor's attention is directed to the following provisions
of Government Code Sections 4551 and 4552 (Stets. 1978, Ch. 414) which shall be applicable to the Contractor
and his subcontractors on public works contracts or to the bidder on contracts for the purchase of goods, materials
or services:
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant
to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body -
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code], arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and become
effective at the time the awarding body tenders final payment to the Contractor, without further acknowl-
edgement by the par.1ies..' J
"In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted,
it witi assign to the purchasing body all rights, title, and interest in and to all causes of action it may have -.-
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing
with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases
of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such
assignment shall be made and become •effective at the time the purchasing body tenders final payment to
the bidder." .
19666.80 5 L! gxT - C6e
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CITY OF DOWNEY Service Contract No. U -7963
Sheet 1 of 4
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I. The City of Downey will furnish all labor, supervision,
materials and equipment for an expanded police patrol
within the I -105 future area within the City of
Downey.
II. This contract shall expire on or before December 31, 1982.
III. Total amount of this contract shall not exceed $280,000.00
IV. For work and services performed hereunder, the City of Downey
will be reimbursed for actual costs incurred by reason of
these increased services. Current cost estimates, based only
upon present prices, approximate the following costs for the
services: -
200 man hours per week at $26.559 per hour = $ 5,311.98
52 weeks at $5,311.98 = 276,223.00
The amount set forth hereinabove constitutes an estimate
only and it is understood and agreed that payment will be
made in arrears upon receipt of itemized invoices signed by
a responsible city official and submitted in triplicate.
Payment will be scheduled only for the cost of actual invoiced
services rendered. Invoices may be submitted monthly to
District 07, Department of Transportation, Accounting Office,
120 South Spring Street, Los Angeles, California 90012.
V. The City of Downey will prepare a written monthly report
' - ` detailing the activities of the City of Downey with respect
to the services provided hereunder, which report will be
directed to Right of Way, 120 South Spring Street, Los Angeles,
California 90012.
VI. The Contractor agrees to abide by all federal regulations
pertinent to the supply of these services which are being
funded in part by federal funds.
VII. The Contractor's payroll records, documents and other admi-
nistrative reports or materials shall be retained and made
available for audit during the life of this contract and
for four years from date of final payment.
VIII. The contract may be terminated by a written 30 -day notification
of intent to terminate by either party.
4
CITY OF DOWNEY Service Contract U- 7963
Sheet 2 of 4
IX. The Contractor hereby agrees to comply fully with all of
• the provisions of Appendix A which is attached hereto and
by this reference incorporated in full herein. Further,
Contractor agrees that should additional personnel be .�
hired as a result of the services funded under this contract,
the Contractor will take affirmative action to recruit and
employ minorities and females.
X. The Contractor agrees that the Cost Principles and Procedures,
Part I -15 of the Federal Procurement Regulations, shall be
used to determine the allowability of individual items of
cost.
XI. Any equipment purchased as a-result of this contract is
subject to the following. If the purchased equipment needs
replacement and is sold or traded in, the State shall receive
a proper refund or credit. At the conclusion of the contract,
The City of Downey may either keep the equipment and credit
the State in an amount equal to its fair market value or sell
such equipment at the best price obtainable at a public or
private sale in accordance with established State procedures.
If the City elects to keep the equipment, fair market value
shall be determined on the basis of a competent independent
appraisal of such equipment. Appraisals shall be obtained •
from an appraiser mutually agreeable to the State and the.
City. If it is determined to sell the equipment, the terms
and conditions of such sale must be approved in advance by
the State.
XII. The Contractor and subcontractors (L.A. County Sheriffs)
shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred,
including support data for cost proposals, and 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 for
inspection by State, FHWA, or any authorized representatives
of the Federal Government, and copies thereof shall be
furnished if requested.
XIII. 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
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F
CITY OF DOWNEY Service Contract No. U -7963
Sheet 3 of 4
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, 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.
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CITY OF DOWNEY
)EP.1: TiE,T OF TRANSPORTATION CONTRACT SH EET
tPPEN'DIX A U -7963 4 OF 4
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During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereini: r
-eferred to as the "contractor ") agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in
Federally- assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract. •
(2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate
on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination
prohibited by Section 2.1.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by
competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract and the Regulations relative to nondiscriminaton on the grounds of
race, color or national origin.
(4) Information and Reports: The contractor shall provide all. information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administrr
to be pertinent to ascertain compliance with such Regulations or directives. Where any information required
contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor s
so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth
what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions
of th;s contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the contractor complies, and /or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (6) in every subcontr:I ►et.
including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant
thereto. The contractor will take such action with respect to any subcontractor or procurement as the State Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor. or supplier as a result of such direction, the contractor may request the State Department
of Transportation to enter into such litigation td protect the interest of the State, and, in addition, the contractor III: '.
request the United States to enter into such litigation to protect the interests of the United States.
)A .- OBS1•I:a5I (REV 5 /b1) FEDERAL FLNDS. OVER $1.000
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