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HomeMy WebLinkAboutCC 9 ADJUST TRAF SIG 09-08-92CONSENT CALENDAR NO. 9 9-8-92 9 As-9,D-,--.----- Inter -Com DATE: SEPTEMBER 81 1992 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CALTRANS CONTRACT NO. 12GO29 WITH THE CITY OF TUSTIN TO SUBJECT: PROVIDE FOR ADJUSTMENT IN TRAFFIC SIGNAL TIMING FOR I-5/SR-55 FREEWAY WIDENING ' RECOMMENDATIONS: It is recommended that the City Council, at their meeting of September 81 1992, by motion, approve and authorize the Mayor to execute the subject contract. BACKGROUND: To mitigate the effects of increased traffic on local streets caused by the widening and re -construction of the I-5 Freeway and the I-5/SR-55 Interchange, Caltrans will reimburse the City of Tustin for all labor, supervision, materials and equipment, not to exceed $45,000.00, to allow Traffic Engineers to make minor hardware modifications and to adjust the timing of the traffic signal lights at major intersections in the City of Tustin. The traffic control modifications and adjustments are beyond the standard of regular traffic control modification or adjustment that the City normally provides at intersections within the City's jurisdiction. Previously, no appropriate vehicle for reimbursement existed by which the City could recover expenses for similar work requested by Caltrans. /9oe-- Robert S. Ledendec Director of Public Works/ City Engineer RSL:NM:ccg:12G029 Nestor Mondok Assistant Civil Engineer STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Govenw► DEPARTMENT OF TRANSPORTATION DISTRICT 12 qAA" PULLMAN STREET ANA, CA 92705 (714) 724-2083 August 12, 1992 At16 1 4199? TUSTIN PUBLIC WeP''` CONTRACT NO. 12GO29 City of Tustin, Public Works Engineering 1522 Del Amo Avenue Tustin, CA 92680 Gentlemen: The above -referenced contract is enclosed for your review and approval. Please refer to the enclosed "Contract Instructions" for information on how to complete the -contract and any accompanying forms. Work under this contract should not begin until the contract has been fully executed and approved by the State. Payment will not. be made for any work done prior to full execution and approval of the contract. A copy of the fully executed contract will be returned for your files. 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 questions, please call this office or the designated contract administrator. Thank you for your prompt processing and early return of the documents. Sincerely, Ellen Dove Contract Analyst Enclosures INSTRUCTIONS TO CONTRACTOR Please sign all copies of the contract where indicated in the lower right-hand corner. If you are doing business as an individual, your signature alone is sufficient; if a partnership, the signature of one partner is adequate; if a corporation, one of the company officials must sign and designate his/her official title under the signature. All copies of the signed contract must be returned to this office within eight.(8) days, excluding Sundays and legal holidays. Failure to return the signed copies within the specified time period will be cause for annulment of the award and assessment of damages. The assessment will be limited to either actual damages resulting to the Department-br 10% of the amount bid, whichever' is less. In addition, please provide the information checked below. [ ] 1. ETHNIC GROUP AND SMALL BUSINESS QUESTIONNAIRE: Please complete the enclosed questionnaire and return it with the signed contract. This information, which is used for compiling statistical data, is required ---by the Department of General Services on all contracts. [ ] 2. FEDERAL TAX I.D. NUMBER: This information is required by the Department of Fair Employment and Housing on all contracts for $5,000. [ ] A. Please fill in your Federal Tax I.D. Number (or Social Security Number for individuals) below your signature on the contract on the line designated "Federal I.D. Number." [ ] B. Please fill in your Federal Tax I.D. Number (or Social Security Number for individuals) below: [ ] 3. COPY OF CURRENT LICENSE [ X ] 4. A copy of the re.9olution, order, motion that apprc"es and a exacutian of the contract is before- contract can be executed. [ ] 5. *PAYMENT BOND [ ] 6. *PERFORMANCE BOND [ ] 7. DRUG-FREE WORKPLACE CERTIFICATION * If bonds are required, a copy of the contract marked "Bonding Company Copy" is enclosed for the bonding agency. Return the copy of the bond(s) marked "Caltrans Copy." ❑ CONTRACTOR ❑ CALTRANS ❑ DEPT. OF GEN. SER. ❑ CONTROLLER [L-a0M1N. r STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION SOURCE CHARGE EXP- RUTH. SPECIAL DESIGNATION GEN LED SUB ACCT I5 SUB -JOB NO. OBJECT WIN PARCEL N0. DIST UNIT DIST UNIT LOCATION WORK ORDER NO. d BRIDGE NO ETC. I .I ITEM CHAPTER I STATUTES FISCAL YEAR 88/ I hereby certify upon my own personal knowledge that budgeted funds aro available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER i DATE AMOUNT DEBIT OR CREDIT Sheet ..1....... of ..6...... Orange Co.............Route ............P.M. FISCAL ENCUMBRANCE YEAR DOCUMENT NUMBER FUNDING: ❑ STATE to JOINT ❑ FEDERAL CONTRACT NO. 12GO29...................... This number to be placed on all Invoices Santa Ana , CALIFORNIA, I -4 9A October 1, 199 1 Date............ ........::.................. of Tustin Public Works Engineeringhone 714= 544-8890• • • • • • Contractor's Name PAVY. ... Tust • • �(Pkmm bio ash • • • • • • • • Address 1 15222.DpA .�t4 .k�.q4p.,.. .(;4. 9.M0 ................. .:.................. . License No. and Class 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 named herein. The consideration to be paid Contractor, as provided herein, shall be in ® Exempt From compensation for all of Contractor's expenses incurred in the performance Department of General Services Approval hereof, including travel and per diem, unless otherwise expressly so provided No alteration orvariation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding DGS EXEMPTION or agreement not incorporated herein shall be binding on any of the NOTICE #11-4 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 may be modified and that the State reserves the right'to terminate this agreement upon written notice to the Contractor. INVITNESS WHEREOF, the parties to these presents have hereunto set their nano the year ano nate ttt:;l, above written. DEPARTMENT OF TRANSPORTATION CONTRACTOR Firm Name Joe Hecker, Deputy District Director L+ - Z Traffic Operations g ... By ........ ................ ... Leslie •Anne Pontious C ' ryor.... .. Approved by ................................. Frank R. Borunda Title or Position ...95.-600084 .....................�.. District Contract Officer Federal I.D. Number ¢ C..7 DAS-OEIM-t 284 (REV. 61691 A. The Contractor shall keep himself fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manneraffect those engaged or employed in the work, orthe bodies or tribunals having any jurisdiction orauthority overthe same. He 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 con- 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 indemnify, defend and save harmless the State, its officers, agents and employeesfrom any and all claims and losses occurring or resulting to any and all contractors, subcontrac- tors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, ser- vices, materials orsupplies in connection with the performance of this contract, and from anyand all claims and losses occurring or resulting to any person, firm orcorporation who may be injured or damaged bythe 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 shallindemnifytheStateagainstalllossanddamagetotheContractor'spropertyorequip- ment during its use underthis 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 may be imposed by law for property damage or personal injuries caused by defective equipmentfur- nished under this contract or by operations of the Contractor or his employees under.this contract E 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 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 of this agreement, 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 fora 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 orviolation of this warrantythe State shall have the right to annul this contract without liability, pay- ing onlyforthe 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 con- tingent fee. H. 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 complywith 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 I. The State may terminate this agreement and be relieved of the payment of any consideration to Contrac- tor ontrasfor 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 mannerdeemed 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 perjurythat 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 Contractor's 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-OBM-1284 (REV. 6/89) Contract No. 12GO29 Sheet 2 of 6 I. DESCRIPTION The City of Tustin (City) shall furnish all labor, supervision, materials and equipment necessary to allow traffic engineers to make minor hardware modifications and to adjust the timing of the traffic signal lights at major intersections in the City of Tustin. Said traffic control adjustment is beyond the standard of regular traffic control modification that the City normally provides at intersections within its jurisdiction. II. CONTRACT ADMINISTRATOR The Contract Administrator will be T.H. Wang, (714) 724-2316. III. CONTRACT PERIOD This contract shall begin on October 11 1991, contingent upon approval by the State, and expire on September 30, 1992. IV. COST LIMITATION Total amount of this contract shall not exceed $45,000.00. It is understood and agreed that this total is an estimate and that the State will pay only for those services actually rendered as authorized by the Contract Administrator or his/her designee. V. SPECIAL PROVISIONS A. Traffic engineers shall adjust the timing of traffic signal lights at major intersections in the City to mitigate the effects of increased traffic on local streets caused by the widening and re -construction of the I-5 freeway and the I- 5/SR-55 interchange. B. Traffic engineers shall be provided on an as -needed basis, subject to engineer availability, upon request by the Contract Administrator 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. VI. RATES $29.50 per hour, per engineer: $110.00 per hour for consultant t services $8.00 for pick-up truck VII. PAYMENT A. The State will reimburse the City monthly in arrears as Contract No. 12G029 Sheet 3 of 6 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 Accounts Payable Branch 2501 Pullman Street Santa Ana, CA 92705 B. Contractor shall also submit a signed itemized invoice referencing this contract number and the construction contract number for which work was performed, in triplicate, which shall be submitted within thirty days of services rendered to the Contract Administrator at the,following address: Department of Transportation ATT: T.H. Wang 2501 Pullman Street Santa Ana, CA 92705 C. The State will honor cash discounts and will make payment to the City 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 than $5.00. VIII NTS 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. 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 defined in Government Code section 810.8) resulting from anything done or omitted to be done by that party in connection with work, responsibilities or services to be performed by that party under this agreement. Contract No. 12GO29 Sheet 4 of 6 XI. NONDISCRMNATION A. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status., age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such -discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the 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, 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 hereof 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. B. This Contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. C. Appendix A, relative to nondiscrimination on federally - assisted projects, is attached hereto and made a part of this contract. D. Contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 CFR 21 through Appendix C and 23 CFR 710.405(b) are applicable to this contract by reference. XII. STATEMENT OF COMPLIANCE The prospective contractor's signature affixed herein 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 non-discrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. t XIII. FUNDING REQUIRENENTS 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 Contract No. 12GO29 Sheet 5 of 6 funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. B. This agreement 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 agreement 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. XIV. RETENTION of /AUDITS For the purpose of determining compliance with Public Contract Code 10115, et seq., Sections 999 et seq. of the Military and Veterans Code and Title 2, California Code of Regulations, Section 1896.60 et seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code 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 for three years from the date of final payment under the contract. The State, the State Auditor General, 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. DEPARTMENT OF TRANSPORTATION APPENDIX A )ntract No. 5neet 12GO29 1 6 Of 0 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor) agrees as follows: (1) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non-discrimination in federally -assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal -assistance will implement and maintain a policy of non-discrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subjected to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest (2) Non-discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance with Title VI. Specifically, the contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOTs Regulations, including employment practices when the contract covers a program whose goal is employment (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 contractors obligations under this contract and the Regulations relative to non-discrimination 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 Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall 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 contractors noncompliance with the non-discrimination provisions of this 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 sub- contract, 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 to protect the interest of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States OASOSM-1351 (REV. 4/82) FEDERAL FUNDS. OVER UAW