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HomeMy WebLinkAboutReso 12-08 I-580/Fallon Improvement Proj RESOLUTION NO. 12 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************ REIMBURSABLE SERVICES AGREEMENT WITH THE STATE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENT PROJECT WHEREAS, the Interstate 580/Fallon Road Interchange Improvement Project will require closing lanes on the 1-580 mainline during day- and night-time construction of the project; and WHEREAS, the State Department of California Highway Patrol (CHP) typically provides enforcement services on Caltrans-sponsored construction projects to enhance enforcement in construction work zones within lane closures on the freeway mainline; and WHEREAS, in order to acquire these services for the City's project, the City of Dublin must enter into a reimbursable services agreement with the CHP; and WHEREAS, the estimated cost for the CHP services to enhance enforcement in the construction work zone of the 1-580/Fallon Road Interchange is $48,214 and construction funds are available to pay for these services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Reimbursable Services Agreement with the State Department of California Highway Patrol. BE IT FURTHER RESOLVED that the Mayor is authorized to sign said agreement, attached hereto as Exhibit" A". PASSED, APPROVED AND ADOPTED this 5th day of February, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None Aa.::{ f?W-- Deputy City Clerk Reso No. 12-08, Adopted 2/5/08, Item 4.9 Page 1 of 1 STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL REIMBURSABLE SERVICES AGREEMENT CHP 465 (Rev. 5-03) OPI 076 THIS AGREEMENT, Reimbursable Services Control Log # R-073900350 made and entered into this 5TH day of February 2008 , by and between the State of California, acting by and through the Department of California Highway Patrol, hereinafter called CHP, and CITY OF DUBLIN , hereinafter called CONTRACTEE WITNESSETH: By and in consideration of the covenants and conditions herein contained, CONTRACTEE and CHP do hereby agree to the following terms and conditions: 1. When !;z) traffic control or D security services for CONTRACTEE are required, CHP agrees to provide uniformed personnel with motorcycles and/or patrol vehicles to assist with the TRAFFIC CONTROL 2. The term of this agreement will be 04/01/2008 to 03/31/2009 3. CHP Coordinator shall be JOHNNY JOHNSON , telephone number (925) 828-0466 4. In the event of a disaster or unforeseen emergency, this agreement may be canceled without prior notice by CHP. 5. This agreement may be amended in writing by mutual consent of the parties hereto. 6. The hours and miles indicated in this agreement are for estimate purposes only. Actual time and vehicle mileage will be charged. This includes travel between the CHP Division or Area office and the service location.~ 7. The rates indicated in this agreement are for estimate purposes only. Any increases in overhead;mileage,darnaged uniforms, privately-owned safety equipment, salaries and benefits are governed by collective bargaining agreement and/or statute. In the event of a rate increase, CONTRACTEE agrees to pay the increased rates. 8. In consideration for the above services and upon receipt of an itemized invoice, CONTRACTEE agrees to reimburse CHP for the actual costs incurred at the time services are provided. Rates charged to CONTRACTEE shall inno event exceed the actual costs to the CHP to perform the requested services. The following cost information is for estimate purposes only: Sergeant: hrs. @ $ Officer: 560 hrs. @ $ 83.72 Vehicle mileage: 1,798 miles @ $ 0.74 Motorcycle mileage: miles @ $ Other expenses: TOTAL ESTIMATED COSTS (Estimate exceeding $50,000 shall be forwarded on a CHP 78, Contract Request, to Business Services Section, Contract Services Unit): $ 48,213.72 9. CONTRACTEE agrees that additional charges, which are directly related to the services provided, may be assessed for CHP supplies, additional equipment utilized, damage to uniforms, or property repaired or replaced at CHP'S expense. 10. Invoices for additional charges will be billed separately from other charges, and will be accompanied by a memorandum containing a full description of the additional charges. EX/I1BfT A CHP 465 (Rev. 5-03) OPI 076 (Front) Destroy Previous Editions c465 _503. fip 11. If the CHP uniformed employee has reported to the assigned location and has worked less than four (4) hours, CONTRACTEE agrees to pay every assigned uniform employee a minimum of four (4) hours overtime. Exception: This does not apply to those cases when the hours worked are part of an extended shift. 12. CONTRACTEE prior to the scheduled assignment. will not be charged for cancellations made more than 24 hours 13. CONTRACTEE agrees that if cancellation is made within 24 hours prior to the scheduled assignment and the assigned CHP uniformed employee(s) cannot be notified of such cancellation, a minimum of four (4) hours overtime will be charged for each assigned uniformed employee. 14. CONTRACTEE agrees that if cancellation is made within 24 hours prior to the scheduled assignment and the CHP employee is notified of such cancellation, CONTRACTEE will only be charged a short notice cancellation fee of $50.00 per assigned CHP uniformed employee. 15. All cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Cancellation notices shall only be accepted by the appropriate CHP Division or Area office. 16. CHP agrees to make reasonable efforts to notify those CHP uniformed employees of the cancellation. 17. No additional gifts, donations, or gratuities may be accepted by the California HighwayPatrol employees on their behalf or on behalf of the Department, informal squad fund or other local funds. 18. A county, city, district, or other local public body mustprovide the state with a copy of a resolution, 'order, motion, or ordinance of the local governing body which by law 'has authority to enter into an agreement,authodzingexecution of the agreement. . STATE OF CALIFORNIA Department of California Highway Patrol REQUESTOR'S NAME ~~-J- Signature Signature "",-r~ M. ~vE"'~~ Printed Name Printed Name ~\~ Title Title ~6-\N . -3Qo Location Code Address City State Zip Code Telephone Number Approved as to form by Date This agreement under $50,000 is exempt from Department of General Services'approval in accordance with the State Administrative Manual. CHP 465 (Rev. 5-03) OPI 07.6 (Back) Destroy Previous Editions c465_503.frp Addendum #1 to Reimbursable Services Aareement R-073900350 Pursuant to Government Code Section 895.4, each party hereto agrees to defend, indemnify and hold harmless the other party, its officers, agents and employees, from any and all claims, losses, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) to any person or entity occurring by reason of any negligent or wrongful act or omission by the . indemnifying party in the performance of this Agreement. STATE OF CALIFORNIA Department of California Highway Patrol .~~ M. Mueller, Captain Commander CITY OF DUBLIN Janet Lockhart Mayor, City of Dublin Approved as to form and legality: Elizabeth Silver City Attorney, City of Dublin