The URL can be used to link to this page

Home My WebLink AboutUNIVERSITY OF CALIFORNIA, THE REGENTS OF 3-2010~ . PW.~Z> N-2010-033 Zed KeK~lc, APR ,~ ~ ~~~~ TRAINING AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into this /3 ,day of April , 2010 by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, acting on behalf of its Institute of Transportation Studies, University of California, Berkeley, hereinafter "University" and City of Santa Ana, Traffic Engineering, Public Works Agency M-43, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702 here in after, "Sponsor." WHEREAS, Sponsor desires delivery of a certain course of instruction to take place at a designated time and location in facilities provided by the Sponsor, and WHEREAS, the University has been requested by the Sponsor to provide such previously developed course of instruction; NOW THEREFORE, in consideration of the mutual covenants, conditions, and terms hereinafter set forth, and for other good and valuable consideration, the parties here to agree as follows: 1. Scope of Work. The University will deliver One session of one day course entitled "TrafiFc Control for Safe Work Zones in Urban Areas" hereinafter called "Course," Delivery of this Course per this agreement will be at the following dates and locations: Session One Date Time(s): Location: Instructor: May 11, 2010 8:00 am to 5:00 pm City Of Santa Ana City Yard 220 S. Daisy St Santa Ana, CA 92703 David Royer University of California, Berkeley Business Contract Office/ITS City of Santa Ana #TS106 0511-2010 Santa Ana Page 1 2. Period of performance: This Agreement shall commence on the date of execution of this Agreement and shall end at the completion of the course delivery on May 11, 2010 3. Responsibilities of the parties: 3a. The University is responsible for selection and scheduling of instructors for delivery of the course, for development and delivery of the instructional program, including provision of instructional materials and books for students and for teaching aids such as overheads, videos, and learning exercises, as needed. 3b. The University will provide Certificates of Attendance to each student who completes the one day Course and whose names appear on the course sign-in Ilst. 3c. The Sponsor is responsible for providing appropriate teaching facilities adequate for the number of students in the class and arranged according to specifications from the University. The Sponsor is also responsible for providing instructional equipment such as flip charts, ens, and LCD audio-visual eauinmentc as requested by the University. Any refreshments provided to students during the course of instruction are also the responsibility of the Sponsor. As the on site host you will provide: a. A training facility that will hold up to 40 persons b. Classroom set-up (two persons per 6 ft table or three person per 8 ft table) c. Table in front for the instructor d. Registration table e. Directions to the facility f. Suggested list of nearby hotels g. Registration and confirmation of all participants h. Audiovisual equipment that should included the following: ^ LCD projector • Screen ^ Laptop ^ DVD player ^ a flip chart with markers ^ extension cord and power strip, ^ an agency representative will be present during the class to operate the AV Equipment. Technology Transfer Program will provide: a. The course instructors on the dates and location of the training. b. Sufficient course notes and watch manuals University of California, Berkeley Business Contract Office/ITS City of Santa Ana #TS106 0511-2010 Santa Ana Page 2 c. Course evaluations and certificates, sign in form and attendance verification forms for course participants. 4. Fee for Services: The fee for the services to be rendered shall be as follows: 4a. The flat fee for each delivery of the Course is 3 495.00 for up to 40 persons. This fee is inclusive of all costs for instruction, instructor travel, and instructional materials. The maximum amount in this contract is is 3 495,00 4b. All payments shall be made in US dollars. Checks are to be made payable to The Regents of the University of California. The fee is due and payable upon completion of the course delivery. Payment shall be sent to: Attention: Bernie Edwards Instructional Support Specialist Technology Transfer Program Institute of Transportation Studies University of California at Berkeley 1301 S. 46t" Street, Building 155 Richmond, CA 94804- 4603 Tel: 510-665-3677 Fax: 510-665-3454 Email: berniete@berkeley.edu 5. Contract management. The names and addresses of the designated representatives of the parties for purposes of carrying out this Agreement are: 5a. The University's Project Coordinator is Laura Melendy Director, Technology Transfer Program Institute of Transportation Studies, University of California, Berkeley 1301 S 46th Street, Building 155 Richmond, CA 94804 Tel: 510-665-3608 Fax: 510-665-3454 Email: melendy@berkeley.edu The University's Contract Administrator is: Brian Donohue Business Contract Administrator Tel: 510-642-3128 Emai 5 d -64~-8684--~.~.. _~ l ~t . ~ ~~,3 - ~% ~ Z Z o~cFin~- ., (~ {2 University of California, Berkeley 3~ ~I " ~' ` " ' ~~L~ Business Contract Office/ITS ~~ City of Santa Ana #TS10B 0511-2010 Santa Ana Page 3 5b. The Sponsor's Program Coordinator is: Zed Kekula Senior Traffic Engineering Public Works Agency M-43 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 Tel: (714) 647-5606 Email: zkekulaCa~santa-ana orQ The Sponsor's Contact Person is: Rolando Mateo City Of Santa Ana PWA -Traffic Engineering Tel: (714) 647-5021 Email: rmateo@santa-ana.org 6. Permissions. The University retains all rights under copyright law to all elements or components of this course including the right: to make copies of course materials; to create derivative works; and to perform or instruct in versions of this course. Thus Sponsor may not videotape, audiotape or digitally capture any element of the course or curriculum materials without the express written consent of the University. 7. Indemnification. 7a. The University shall defend, indemnify, and hold the Sponsor, its officers, employees, or agents harmless from and against any and all liability, loss, or expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent that such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the University, its officers, agents, or employees. 7b. The Sponsor shall defend, indemnify, and hold the University, its officers, employees, or agents harmless from and against any and all liability, loss, or expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent that such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Sponsor, its officers, agents, or employees. University of California, Berkeley Business Contrail Office/ITS City of Santa Ana #TS106 0511-2010 Santa Ana Page 4 8. Trademark/University Name. The University's name and trademarks are protected by California law and may not be used without prior written approval of the Regents of the University of California except to indicate identification or location. 9. Disputes. In the event of a dispute, this Agreement will be governed by California law and the parties agree to non-binding arbitration in Alameda County under the rules of the American Arbitration Association. 10. Modification. This Agreement may be modified only by mutual written agreement of both parties. li. Course cancellation or rescheduling. 11a. The University may upon five (5) business days written notice to the Sponsor cancel or reschedule the Course for any reason without penalty. ilb. The Sponsor may cancel the Course upon written notice to the University up until fifteen (15) days before the date of delivery named in Paragraph 1b without penalty. If the Sponsor cancels the Course after this date, the Sponsor agrees to pay the full fixed fee for the Course. 11c. The Sponsor may request the University to reschedule the Course delivery at any time. The University will make a good faith attempt to accommodate the Sponsor's request. The Sponsor agrees to pay actual direct costs incurred by the University as a result of rescheduling the Course, up to a maximum of the full fixed fee. This cost for rescheduling shall be paid in addition to the fixed fee for Course delivery as described in Paragraph 4. The more notice and flexibility the Sponsor gives the University with regard to a request for rescheduling, the less likelihood there will be of incurring any extra fee. If the terms and conditions herein are acceptable, please sign and return one copy of this Agreement to the University's project coordinator named in Paragraph 5. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA I ~ ~ By: G~- ~~i4~, ~'~1L;~..-rte, ,j . ~y~~ Title: " 't_ CITY OF SANTA ANA BY~ ~ - ~~ DAVID N. REAM ~,~ t,Y Title: City Manager Date: ~ ~+--zc rte` L'~~,,fr~ ~~~~~,~ ~_~ rte.. I ~ =~ ~' Date: ~, ~ '.~-- ~ ~, cc: TTP File, ITS, BCO University of California, Berkeley Business Contract Office/ITS City of Santa Ana #TS106 0511-2010 Santa Ana Page 5 RECOMhIENDED FOR APPROVAL: CITY OF SANTA ANA sy: Name: RAiTL GODINEZ Title: Executive Director -Public Works Date: ~!'L~ ~~~ ~ ~D 1 D APPROVED AS FORM' BY~ ru~~ A~-~ Name: Laura Sheedy Title: Assistant Cit Attorne Date: ATTEST ,,,, ~ ~ -~ BY~ ~~ ~z~~ `"~ ~. ,-- Name: Maria D. Huizar TItI~C Clerk of h Date: By: Name: Title: Date: University of California, Berkeley Business Contract Office/ITS City of Santa Ana #TS10B 0511-2010 Santa Ana Page 6 ITSBerkeley O TECH TRANSFER (TS-10B) Traffic Control for Safe Work Zones in Urban Are as Course Outline 8:00-8:15am INTRODUCTION 8:15-9:15am SAFETY Need for Traffic Control Video: Time Lapse Paving and Work Accidents Human Factors Problem Areas 9:15-9:45am TRAFFIC CONTROL DEVICES 9:45-10:OOam BREAK 10:00-10:30am TRAFFIC CONTROL LAYOUTS 10:30-11:45am SETTING UP TRAFFIC CONTROL PLANS Exercises: 2, 3, 4, 5, 6, 7, 9, 10, and 12 11:45-12:45pm LUNCH 12:45-2:15pm SETTING UP TRAFFIC CONTROL PLANS Continue Exercises 2:15-2:45pm PREPARE, INSTALL AND REMOVE WORK ZONES Video: Safe and Efficient Lane Closures-LADOT 2:45-3:OOpm BREAK 3:00-3:30pm EVALUATE AND DOCUMENT WORK ZONES 3:30-4:05pm FLAGGING Demonstration of Proper Flagging Procedures Video: Flagging Operations a d S n afety-South Carolina DOT 4:05-4:45pm LEGAL Video: Work Zone Tort Liability-Texas A&M University Elements for Liability Documentation Employee Liability Subsequent Improvements Joint and Several Liability 4:45-5:OOpm COURSE WRAp_Up~ EVALUATIONS, AND CERTIFICATES OF ATTENDANCE Revised: 22 January 2010