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HomeMy WebLinkAboutCC 8 TRAF SIG MOD'S 05-17-93AGENDA SATE: MAY 17, 1993 TO: WILLIAM A. HUSTON, CITY MANAGER CONSENT CALENDAR NO. 8 5-17-93 y� Inter Com ✓- FROW PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION RENEWAL OF CALTRANS CONTRACT FOR REIMBURSEMENT OF CITY SUBJECT: EXPENSES FOR TRAFFIC SIGNAL MODIFICATIONS IN CONJUNCTION WITH THE CONSTRUCTION OF THE I-5 FREEWAY AND THE I-5/SR-55 INTERCHANGE RECOMMENDATION: It is recommended that the City Council, at their meeting of May 17, 1993, approve the attached contract and execute the document for reimbursement of City staff efforts in making traffic signal modifications in conjunction with Caltrans' construction of the I-5 Freeway and the I-5/SR-55 Freeway interchange. FISCAL IMPACT: With the execution of the subject contract, the City of Tustin would be eligible to receive up to $45,000.00 from Caltrans for reimbursement of staff time expended to coordinate traffic signal activities in conjunction with construction of the I-5 Freeway widening and the I-5/SR-55 Freeway interchange. BACKGROUND: In November 1992, the City Council approved a similar six month contract with Caltrans for reimbursement of staff time and efforts expended for traffic signal modifications in conjunction with the construction of the I-5 Freeway widening and the I-5/SR-55 Freeway interchange. Pursuant to the conditions of the November 1992 contract the City of Tustin has received full reimbursement ($10,666.63) for staff efforts during the aforementioned construction activities. DISCUSSION: Based upon staff review of the attached contract, it has been determined that this contract is basically identical to the November 1992 contract previously approved by the City Council. The contract will provide for reimbursement to the City for staff time and effort in making traffic signal modifications in conjunction with the previously mentioned construction activities for a period of one year from May 1, 1993 to April 30, 1994. Since a portion of the Engineering Division staff time is consumed in coordination and adjustment of City owned traffic signals in reaction to Caltrans' freeway construction activities, it is recommended that the City Council approve and execute the attached contract with Caltrans to recover City staff expenses in this effort. Robert S. Le en ecker Director of Public Works/ City Engineer Atmohnsm RS' -DA nc.t, DougNas R. Anderson Transportation Engineer ❑ CONTRACTOR ❑ CALTRANS ❑ DEPT. OF GEN. SER. ❑ CONTROLLER 'rGMIN. STATE OF CALIFORNIA DEPARTMENT OF - TRANSPORTATION Sheet .1........ of .!....... c:;' ...........Route ............p.M. SOURCE CMVA EXP "I% SFECAI DEMNAII, OBl[Cl MOUNT FISCAL ENCUMBRANCE DOCUMENT CEx lEO $UB ALCI BU&JOB NO Msi UNIT D151 UNIT RRY PARCEL NO DEBIT OR CREDIT MR FUNDING: LOCATIONNUMDER wOxX ORDER xD eRwsE NO EEE -- q / (. `'O3 0 e-2 STATE ❑ JOINT FEDERAL ITEM CHAPTMR ER SEEI FISCAL YEAR CONTRACT NO. 126356 I hOmby "HUY NAOII my Own vellowl IrRlnl tlQe IMI DMCDtlee f,"s eh aYailaQle The mmwr to DN INI en all imm#cax 101 ION perwe ane "WoSe Of IM upaneitum Blow Boom Santa And .................................CALIFORNIA, SIGNAT RE Of ACCOUNTING OFFICER GTE nate........................................ Contractors NameCity. of . Tustin, . Publi r--WO-rXS.............. Phone ( 714) . 5.44.— U D. . (PUR Ne HMI Be aboviN Address 15222 -Dal .Amo.Ave,...Tustin.CA. 92681 ......................................... LEGON No Nne Class The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Depart - lent 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 compensation for all of Contractors expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided N o 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 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 paythe 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. 0 It'' Exempt From Department of General SerWOes Approvat DGS EXEMPTION NOTICE X11-5 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written. FPARTMENT'OFF TRANSPORTATION By.................. J e Hecker, _ Deputy District Director Aoprovedby ................................. Lupe A. Caceres District Contract Officer o-Oald., FR< iREv. E189, CONTRACTOR F*P -of- •Tus-Cin•,• •Public• works By.......................................... ............................................. T.... m Poaitwn F�tle�fl.D.'IJYIrAber ........... �` ................ . A. The Contractor shall keep himself fully informed of all existing and future State and Federal laws and countyand municipal ordinances and regulations which in any manneraffect those engaged oremployed inthework,orthe bodies or tribunals having anyjurisdiction or authority over the 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 anyand 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 any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged 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 Contractorshall indemnify the State against all lossand damage to the Contractors property or equip- 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 may be imposed by law f or 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 conttact. E Thecostof 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 orsecure 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 orviolation of this warranty the State shall have the right to annul this contract without liability, pay- ing only forthe 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 snouId Contractor fall 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 anv manner deemed pro- per by the State. The cost to the State shall be deducted from any sum due the Contractor underthis 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 10255, 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. DA5 OBM-t 264 (REV. 6189) I. DESCRIPTION Contract No. 12G356 Sheet 2 of 7 The city of Tustin (City) shall furnish all labor, supervision, materials and equipment necessary to allow traffic engineers to make minors hardware modifications and to adjust the timing of the traffic signals 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 jurisdictions. II. CONTRACT ADMINISTRATOR The Contract Administrator will be T. H. Wang, (714) 724-2316. III. CONTRACT PERIOD This contract shall begin on May 1, 1993, contingent upon approval by the State, and expire on April 30, 1994. IV. COST LIMITATION Total amount of this contract shall not exceed $45,000. 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 Administrator or his/her designee. V. SPECIAL PROVISIONS A. Traffic engineers shall adjust the timing of traffic signal lights in the City to mitigate the effects of increased traffic on local streets caused by the widening and reconstruction of the I-5 freeway, 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 desginee. 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 services $8.00 for pick-up Contract No. 12G356 Sheet 3 of 7 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 Accounts Payable Branch 2501 Pullman Street Santa Ana, Ca. 92705 B. Contractor shall also submit a signed itemized invoice referencing this contract number, in triplicate, which Shall be submitted within 30 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 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 than $5.00. VIII. AMENDMENT This contract may be amended or modified only by mutual written agreement of the parties. IB. TERMINATION The Department of Transportation reserves the right to terminate this agreement upon thirty (30) written days written notice to the Contractor. DISPUTES A. Any dispute concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by the Department's Contract Officer who may consider written or verbal information submitted by the City. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on both parties to the contract on all questions of fact considered and determined by the Contract Contract No. 12G356 Sheet 4 of 7 Officer. B. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the City from full and timely performance in accordance with the terms of this contract. XI. NONDISCRIMINATION A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicant$ for employment are free of such discrimination. 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, 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 Iagreement. B. Contractor shall include the nondiscrimination 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. STATEMENT OF COMPLIANCE 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 GoverimLent Code Section 12990 and Title 2, California Code of Regulations, Section 8103. Contract No. 12G356 Sheet 5 of 7 XIII. FUNDING REQUIREMENTS 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. XIV. RETENTION OF RECORDS/AUDIT 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 ser_,., 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 and 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. (Government Code Section 10532) %V. MUTUAL HOLD HARMLESS CLAUSE It is understood and agreed that, pursuant to Government Code Contract No. 12G356 Sheet 6 of 7 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 the work, responsibilities or services to be performed by that party under that agreement. Mev -it -'9. TLE @9:12 ID: P:ST, 12 PRSJ EN3R �t aAATME W T or TRANSPORTATION TEL NJ:F,;X= 6-655-2o14 >:S^5 rU 7 a During the performance of this contract, the contractor, for Itself, Its assignees and aucoe830M In Interest (hereinah$r -eferred to as the `Contraolor) agrees as follOwtt: (1) Compliance with Requlattona: The contractor shall comply with regulations relative to Title VI (non-discrimination in fetlerally-ssalsted programs of the Department of Transportation • Title 49 Code of Federal Regulations Pert 21 - Eflectuation of Title VI o1 trio 1994 Civil Rights Act). Title VI provides that the recipients of federal-aaala trice will implement an4 m1+nt9tn it p"lK'Y of non-discrimination In which no Denson In the state of California shag on the basis of race. color, national origin religion, sex age. disability, be sxcluded from participation In, denied the benefits of or subjected to discrimination under any program or activity by the recipients of federal assistance or their aaslgnees and successors In interest (2) Non-discrimination: The contractor, with regard to the work performed by It during the contract $hell sot In accordance with Title VL Specifically, the eontrabtor shall not discriminate on the basis of race, color, national origin, religion, sex age, or disability In the selection and retention of subcontractors. including procurement of materials and leases of equipment The contractor shall not participate either directly or Indirectly In the discrimination prohiblted by Section 21.$ 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 sit Solicitations, e by competitive bidding or negotiation made by the contractor fo- work to be performed under a subcontract Inch procurements of materials or leases of equipment each potential subcontractor or Supplier shall be notified by ine contractor of the Contractors obligations under this contract and the Regulations relative to non-discrimination on the grounds of race. color or national origln (4) Information and Reports: The contractor shall provide air information and reports required by the Regulations. or directives issued pursuant thereto, and shall permit access to Its book&, records, accounts, other sources of informatior, and its facilities as may be determined by the State DePartment of Transportation or the Federal Highway Administrat-on to be pertinent to ascertain compliance with such R$guletions or directives. Where any information required of e contractor Is In the exclusive possession of another who falls or refuses to furnish this Information. the contractor shall so Lenity to file State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts It has made to obtain the Information (S) Sanctions ns for N n ompStali rice: In thement of event of t Transportation anhal ntrctorslmposemsulch conttract Sa ctionscas It oro other Federal o Highway Administration may determine to be appropriate, Including, but not limited to: fat withholding of payments to the contractor under the contract until the contractor Comptes, and/or (b eancellatioR termination or suspenslon of the contract, in whole or In part. 61 in ry (6) erptru in`phcontractor Shall Provisions lparagraph tnrOwOh `eet uL Incorporation of procurements of mtenals and lenses o equipment,uness exempt the odecves issued pursuant thereto. The Contractor will take such action with respect to any sutDcontrebtor or procurement as the State Department of Transportation or the Federal Hiphway Administrallon 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 of supplier as a result of such direction. the contractor mat igation to project the Irequest the State Department of n sddlt on, the contractor may request the aUn ted States tto enter Into Such litigation to tion to entr ino such Ill protea st Inef interesthe we and, rte United States — - D's :,ev ,x, -Ar.. %2, FLDLA-1 FUND% DAL 0-0