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HomeMy WebLinkAbout16 RENEWAL CALTRANS 02-06-95AGENDA - -' NO. 16 2-6-95 I n t e r- C o m DATE: FEBRUARY 6, 1995 TO: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION FROM: RENEWAL OF CALTRANS CONTRACT FOR REIMBURSEMENT OF CITY SUBJECT: EXPENSES FOR GENERAL TRAFFIC ENGINEERING IN CONJUNCTION WITH THE CONSTRUCTION OF THE I-5 FREEWAY AND THE I-5/SR-55 INT_~RC~NGE RECOMMENDATION It is recommended that the City Council, at their meeting of February 6, 1995, approve the attached contract and execute the document for reimbursement of City staff efforts in performing general traffic engineering in conjunction with Caltrans' construction of the I-5 Freeway and the I-5/SR-55 Freeway interchange, pursuant to review and approval by the City Attorney. FISCAL IMPACT With the execution of the subject contract, the City of Tustin would be eligible to receive up to $20,000.00 from Caltrans for reimbursement of staff'time expended to provide general traffic engineering activities in conjunction with the noted Caltrans' construction. BACKGROUND In May 1993, the City Council approved a similar one year contract with Caltrans for reimbursement of staff time and efforts expended for traffic signal modifications in conjunction with the construction of the I-5 Freeway widening and the I-5/SR-55 Freeway interchange. Pursuant to the conditions of the May 1993 contract, the City of Tustin has received reimbursement for staff efforts during the aforementioned construction activities. DISCUSSION Based upon staff review of the attached contract, it has been determined that this contract is basically identical to the May 1993 contract previously approved by the City Council. The contract will provide for reimbursement to the City for staff time and effort in performing general traffic engineering in conjunction with the previously mentioned construction activities for a period of two years from July 1, 1994 to June 30, 1996. Since a portion of the Engineering Division staff time is consumed in coordination and adjustment of City owned traffic signals and other traffic engineering activities in reaction to Caltrans' freeway construction, it is recommended that the City Council approve and execute the attached contract with Caltrans to recover City staff'expenses in this effort, pursuant to review and apgroval by the City Attorney. Director of Public Works/ City Engineer Dougl~ R. Anderson Transportation Engineer ACTION OF THE CITY COUNCIL CITY OF TUSTIN FEBRUARY 6, 1995 A Regular Meeting of the City Council of the City of Tustin, california, was held on Monday, February 6, 1995. Councilmembers Present: Saltarelli, Potts, Doyle, Thomas, Worley Councilmembers Absent: subject: RENEWAL OF CALTRANS CONTRACT FOR REIMBURSEMENT OF CITY EXPENSES FOR GENEPu~L TRAFFIC ENGINEERING IN CONJUNCTION WITH THE CONSTRUCTION OF THE I-$ FREEWAY ANDTHE I-5/8R- 55 INTERCHANGE It was moved and duly carried to approve subject contract and execute the document for reimbursement of City staff efforts in performinq qenera~ traffic engineering in conjunction with Caltrans' construction of the I-5 Freeway and the I-5/SR-55 Freeway interchanqe. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I Valerie Crabill, Chief Deputy City Clerk for the City Council of the City of Tustin, California, do hereby certify the foregoing to be an official action taken by the City Council at the above meeting. IN WITNESS WHEREOF, I have set my hand and seal this February, 1995. day of Valerie Crabill, Chief Deputy City Clerk --] CONTRACTOR STATE OF CALIFORNIA Sheet . .1 ......... of .7. ....... : DEPARTMENT OF :'-] DEPT. OF GEN. SER. TRANSPORTATION ............ ............ ~ ADMIN. SOURCE I CHARGE 2 369 I2 369 iTEM I ExP AUTH I SPEC&AL DESIGNATION ~.L~O I Su,-<CTti ,. 1 su,-Jo,,o I I = 1 ,-- ,,,cEL ,0 w~ 0,0~,.o I ~ I L0C*T,0, 013007 2660-001-842-20~ HAPTER I STATUTES 90 OIUECT 6132 FISCAL YEAR 90/91 I he~eDy cerfity upon my own personal knowteclge that DuOgeted lunOs Ire availaOM for tt~e f, em3¢l anO Dur~oM Of the ezl~m3iture Itated IDOv& AMOUNT OE~IT OR CI~DIT $20r000.00 YEAR 91 ENCUMBRANCE DOCUMENT NUMBER FUNDING: r-] STATE [] JOINT r-} FEDERAL Contractor's Name'.city of Tustin, Public Works Phone(714) 544-8890 (Please bill aS abovel Address .l..5.2.2.2.. p.e.~..~m...9' .~y.e.~p.e.,..~p.s.~.ip.,..¢,..~..9.2~.8.1 ..................................... CONTRACT NO.12..G.6.8.5. ....................... Thai flumw to I)e placed on all mvmces · $.A.FT..A..A.N.A ...................... , CALIFORNIA, Date ?.o..v.e..m~..e.~..]:f..1.9..9.4 .................... L~ NO. ami 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 ° attached sheets, and he agrees to receive and accept as full compensation therefor the prices nam herein. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. No alteration or variation 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 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. Exempt From Department of General ServiCes Al~)rovaL DGS EXEMPTION Notice #11-5 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written: DEPARTMENT. OF TFt,ANSPORTATION By ..... Mahesh ~att,- S~'i~ ................. Transportation Engineer CONTRACTOR c.i..t:y..o..f. 7..u..s.%i.n.,. b.s ........... F.'m Name By ...... , ................................. Approvedby ................................. Angelo Costantino, District Contract Officer Title or P~ltiOn Federal I.D. NumBer DAS-OEM*1284 (REV. 6/89) Contract No. 12G685 Sheet 2 of 7 I. DESCRIPTION The city of Tustin (City) shall furnish all labor, supervision, materials and equipment necessary to allow traffic engineers to make signing, striping, traffic signal and minor hardware modifications and to adjust the timing of the traffic signal lights at major intersections in the City of Tustin. Said traffic control is beyond the standard of regular traffic control that the City normally provides at intersections within its Jurisdictions. II. CONTRACT ADMINISTRATION The Contract Manager will be Mort Fahrtash, (714) 724-2316. The City of Tustin's Contract Manager for the project will be Mr. Doug Anderson, Traffic Engineer, (714) 573-3172. III. CONTRACT PERIOD This contract shall begin on July 1, 1994, contingent upon approval by the State, and expire on June 30, 1996. IV. COST LIMITATION Total amount of this contract shall not exceed $20,000. 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 Manager or his designee. V. SPECIAL PROVISIONS ao S · Traffic engineers Shall make signing, striping, traffic signal modifications and 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, and the I-5/SR-55 Interchange. Traffic engineers, Engineer Aids, Public Works Inspectors, shall be provided on an as-needed basis, subject to engineer availability, upon request by the Contract Manager 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. Contract No. 12G685 Sheet 3 of 7 $42.85 per hour, per Engineer $129.80 per hour Consultant Services $27.59 per hour, per Engineer Aid $33.23 per hour, per Public Works Inspector $8.00 for pick-up 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 Adrienne Labanieh Contracts, Invoice Tracking 2501 Pullman Street Santa Ana, CA 92705 Be 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. C · Discount must be a minimum of 1/2 of 1% of the amount due, but not less that $5.00. 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) written days written notice to the Contractor. X. DISPUTES ae 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 Officer. Contract No. 12G685 Sheet 4 of 7 Be 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. ARTICLE XI. NON-DISCRIMINATION During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harrass or allow harassment, against any employee or applicant for employment because of sex, color, ancestry, religious creed, national origin, physical disability, (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harrassment. 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 (a- f), 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 thereof 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. This contract shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. Appendix A, relative to non-discrimination on federally-assisted projects, is attached hereto and made a part of this contract. 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 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 Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. Contract No. 12G685 Sheet 5 of 7 XIII. FUNDING REQUIREMENTS ae 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. Ce 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. De 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. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 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, 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) Contract No. 12G685 Sheet 6 of 7 XV. 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 the work,responsibilities or services to be performed by that party under that agreement. APPENDIX A IContrac! No. ] Sn®et , 1 2G685 t 7 o~ 7 During t~e performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referrecl to as the "contractor") agrees as follows: (*~) (2) (3) (4) (s) (6) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non-discrim~nahon in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Eftectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal-assistance will implement a"" rr'. "i"'~ain P. ,,'),',!ic'~/ of ,~o,q-di_~crimination in which no person in the state of California shall, on the basis of race. color, nahonal origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subjected to d~scrimination under any program or activity by the recipients of fecheral assistance or their assignees and successors m ~nterest. Non-discrimination: The contraclor, with regard to the work performed by it during the contract shall act in accordance w~th TJhe VI. Specihcally. the contractor shall not discriminate on the basis of race, color, national origin, religion, sex. age. or disabililY m 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 Solicitations for Subcontracts, Including Procuraments of Materials and Equipment: In all solicitations either Dy competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including Drocuremenls of materials or leases of eQuiDment` each potential subcontractor or supplier shall be notified by the COntrac',or Of the COntractor's obligations under this contract and the Regulations relative to non-discrimination on the g.'ouncls of race. Color or national origin. Information and Reports: The contractor shall provide all' information and reports required by the Regulahons. or chrechves issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information. anO its facilities as may be determined by the State Department of Transportation or the Federal Highway Administrahon 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 certihy to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set fonl~ whet efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the non-discrimination provisions of th~$ contract, the State Department of Transportation shall impose such contract sanctions as it or the Feclera~ H~cjhv,'ay Aclmj..~.iStratiOn may determine to be appropriate, including, but not limited to: (a, w;thhoIdmg of payments to the contractor under the contract until the contractor complies, and/or (b, cance!latlon, term~natton or suspension of the contract, in whole or in part. 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 eQuq3ment, unless exempt by the Regulations or directives ,ssJed 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 prowslons incluchng sanctions for noncompliance: Provided. however, that in the event a co~ltractor becomes involvec) in, or is threatened with. litigation with a subcontractor or supplier as a result of such direction, the contractor may reouest the State Department of Transportation to enter into such litigation to protect the interest of the State. and. in acidlt,on, the contractor may request the United States to enter into such litigation to protect the interests of the Umted States.