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Resolution No. 2011-040RESOLUTION NO. 2011-40 A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF SERVICE.CONTRACT'NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500(167) BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, FOR THE IMPROVEMENTS OF THE BNSF RAILROAD CROSSING LOCATED ON 27TH STREET EAST OF SANTA FE AVENUE IN THE CITY OF VERNON WHEREAS, the California Public Utilities Commission ("CPUC") Rail Crossing Engineering Section staff has recommended certain improvements including the removal of existing asphalt and construction of new concrete sidewalk and curb & gutter adjacent to the BNSF railroad crossing located on 27th Street east of Santa Fe Avenue in the City of Vernon (the "Project"); and WHEREAS, Section 130 Grade Crossing Improvement Program of the CPUC provides funding to local governments and railroads to eliminate hazards at existing at -grade public highway -rail crossings; and WHEREAS, the State of California, acting through the California Department of Transportation ("Caltrans"), is requiring the City to execute a service contract for the design, construction and construction management of the Project; and WHEREAS, by memo dated March 1, 2011, the Director of Community Services & Water has recommended that the City Council of the City of Vernon approve and authorize the execution of the Caltrans Service Contract No. 75LX176 for Federal Aid Project No. STPLR- 7500(167) (the "Agreement"); and WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive federal funding in the amount of $56,387.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with Caltrans, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement with Caltrans for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the Vernon hereby directs the City Clerk, or the City Clerk's designee, to send four executed Agreements to Caltrans. 2 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of,Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 15th day of March, 2011. AT T ST: Wi lard G. Y ch', ity Clerk Jj Name: Hilario Gonzales Title: Mayor /aye Dr^ Ta� _3_ STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-40, was duly passed, approved and adopted by the City,Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 15, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 16day of March, 2011, at Vernon, California. (SEAL) { g1 EXHIBIT A STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 1 of 10 December 31, 2010 Source Charge EA Pre fix Subjob Object Amount FY Eric Code Encumbrance Doc No Dist I Unit Dist Unit 13 804 13 804 13-241678(L) 6042 . $56,387.00 10 75LX176 Item Chapter Statutes Fiscal Year SERVICE CONTRACT NO: 75LX176 PROJECT NUMBER: STPLR-7500(167) I hereby certify upon my own personal knowledge-that•budgeted funds are available for the Period and purpose of the expenditure stated herein Signature of Accounting Officer Date The numbers above are to be placed on all invoices LOCAL AGENCY: ADDRESS: Phone City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 323-583-8811 SACRAMENTO, CALIFORNIA Effective Date of Contract: December 31, 2010 Expiration Date of Contract: December 30, 2012 The Local Agency (hereinafter referred to as Local Agency) hereby agrees to do the work set forth herein for the State of California, Department of Transportation (hereinafter referred to as Department) in accordance with all applicable laws including but not limited to, California Streets and Highways Code section 114(b) and California Government Code 14038 and regulations and the provisions of this form including the attached sheets and Exhibit A. The Local Agency agrees to receive and accept as full compensation therefore the payment provided herein. Local Agency must provide the Department 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, authorizing execution of this agreement. The work is located in the City of Vernon, at the grade crossing located at the intersection of 27th Street and BNSF Railway (hereinafter referred to as Railroad) tracks,.CPUC No. 00211-0.40, Federal No. 027907S. All work to be completed by Local Agency under the terms of this Contract is described in Exhibit A (hereinafter referred to as Project). Total Cost Estimate: $40,276 Contingency & Inflation: $16,111' TOTAL PROJECT COST: $56,387 TOTAL AMOUNT OF THIS CONTRACT: $56,387 It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the Local Agency pursuant to its own policies and procedures.and that -none are employees of Department. Further, Department hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowable costs incurred up to the limit set forth herein; provided, that by mutual consent of the Local Agency and the Department, this contract may be modified or terminated at any time. IN WITNESS E OF he parties to this contract have hereunto set their hand CALIF T E OF TRANSPORTATION CITY OF VERNON By. BY Branch Chief Approved Title Office Chief Date Date Approved as to Form Department Attorney APPROVED: Caltrans Legal mg 06/23/2006 N& the year and date first -above written. STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 2 of 10 December 31, 2010 1. 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 might occur if the contract were executed after appropriations are actually made. 2. This contract is valid and enforceable only if sufficient funds are made available to Department 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 statue enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. It is mutually agreed -that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this contract shalfbe amended to reflect any reduction of funds. 3. This service contract is for the elimination of hazards at Railroad -Highway intersections (crossings) with funds provided to Department under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Department, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary, the Department acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC. 4. The total actual allowable costs reimbursable by Department under this Service Contract shall not exceed $ 56,387.00. 5 The Local Agency will not proceed with any work on the Project, nor be required to .purchase any materials, until authorized in writing by Department. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Department until sufficient State or Federal funds have been obligated for the project. State and Federal maximum liability pursuant to this contract is limited to the amount set forth in this contract. 6. The Local Agency agrees -to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment "required therefore, and to prosecute Project diligently to completion. Department and.Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. The Department is acting as a conduit for disbursement of Federal Surface Transportation Program funds for hazard elimination at railroad intersections on city streets, county roads and State Highways. 7. Any person, company or corporation who performs work authorized under terms of this contact must -have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement 8. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located. APPROVED: Caltrans Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 3 of 10 December 31, 20.10 9. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction. 10. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securing written permission from the railroad. Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to Federal Law and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad -highway intersection. A copy of this agreement between Railroad and Local Agency shall be provided to Department by Local Agency as soon as it is executed. 11. The, Department will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost -of the work determined by the Department to be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has -an Indirect Cost Rate Proposal approved by Department's Audits and Investigations. 12. Any warning devices medians, signs, pavement markings, structures or other improvements, which maybe installed in conjunction with Project, shall be located as agreed upon between Railroad and the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto. 13. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, -or other markings and traffic signals installed or placed on. any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTCD are not permitted. 14. Local Agency accounting and invoice procedures shall conform to the requirements set forth in the California State Department of Transportation's Local Assistance Procedures Manual - Chapter 5 Accounting/Invoices. Invoices submitted by the Local Agency shall be prepared as described in Exhibit 5-A of the Local Assistance Procedures Manual titled "Sample Federal -Aid Invoice (Except for STIP Projects)". Where the Local Assistance Procedures Manual provides that correspondence and/or invoices, are to be sent to the District Director or to the District Local Assistance Engineer, the Local Agency will instead send such correspondence and/or invoices to the: California Department of Transportation, Division of Rail, P.O. Box 942874, MS 74 Sacramento, California 94274 if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail, 1415 11`l' Street, MS 74, Sacramento, CA 95814. 15. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Department invoices for actual allowable costs incurred consistent with the Exhibit A hereto. Department will review the invoice for compliance with this contract. Provided contract terms are complied with, payment will be made by Department to Local Agency within forty-five (45) days of the date of receipt of an invoice by Department. Invoices which are determined not be APPROVED: Calhans Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 4 of 10 December 31, 2010 in compliance will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Department as prescribed above. 16. The Local Agency, upon completion of the Project work, will provide to Department a written declaration/notification that the Project has been final billed and ready to be closed. This declaration shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Department will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that the Department previously paid more than its share of said project, Local Agency shall refund the difference between the Department's share and the amount paid -by Department. All records of the Local Agency, its contractors and subcontractors are subject to audit by representatives of the Department and Federal- Highway Administration. Such records will be retained and made immediately available for inspection by Department's Auditors for a period of three years from ,Department's date of final payment of aforementioned final invoice. 17. All work to be done hereunder by Local Agency shall be done only by its employees on a force account basis, or by contractors, the cost thereof to be paid to Local Agency by Department in the manner hereinafter set forth. 18. Local Agency agrees that the 48 CFR, Chapter 1 Part 31 et-seq., Contract Cost Principles and Procedures, Federal Acquisition Regulations System, shall be used to determine the allowable individual items of indirect cost. Local Agency agrees to comply with the applicable Federal procedures in accordance with Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments and CFR .49, Part- 18, Uniform Administrative Requirements for -Grants and Cooperative Agreements with State and Local Governments. 19. All applicable portions of 23 CFR Part 140, Subpart 1 are by reference incorporated herein and made a part hereof. 20. An itemized estimate of the cost of the work to be performed by Local Agency is attached hereto as a part of Exhibit A and made a part hereof. 21. Department agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR 646-et seq., and as set forth in cost estimates attached hereto. 22. The Local Agency has 180 days after the expiration date of this contract to submit the final invoice to Department for verification and payment. 23. In cooperation with the Railroad, the Local Agency shall maintain the Project improvements made under this contract located in its right of way. 24. Subject to the availability of labor and material, it is the intent of the parties hereto that all construction work under this service contract shall be completed within one year after the Notice to Proceed is issued by the Department, unless a time extension is requested by Local Agency and approved in writing by the Department. This Contract is effective for a period of two years only to prevent difficulties, which may arise if the Contract expired prior to all performance APPROVED: Caltrans Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 5 of 10 December 31, 2010 requirements being satisfied. Time is of the essence for completion of Project funded by this Contract. 25. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in this Contract is binding on any of the parties. 26. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of the Department in the form of a formal written amendment. 27. AUDIT: Local Agency agrees that the Department or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to maintain such records for possible audit - for. a..minimum of three (3) years after final payment, unless a longer period of records retention - is stipulated. Local Agency agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 28. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be killed injured or damaged except to the extent that such death injury or damage results from the sole or active negligence of Department. 29. DISPUTES: Local Agency shall continue with the responsibilities under this Contract during any dispute. 30. TERMINATION FOR CAUSE: The Department may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination the Department may proceed with the work in any manner deemed proper by the Department. All costs to the Department shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand. 31. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the Department or State. 32. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, 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. Contractor and APPROVED: Calthans Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 6 of 10 December 31, 2010 subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 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 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. Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 33. GOVERNING LAw: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 34. ANTITRUST CLAIMS _The Local Agency by signing this Contract hereby certifies that if these services or goods are obtained by means of a competitive bid, the Local Agency shall comply with the requirements of the Government Code Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2. "Public purchasing -body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment_ shall - be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as -part of the bid price, less the, expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) APPROVED: Caltrans Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 7 of 10 December31, 2010 the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 35. CHILD SUPPORT COMPLIANCE ACT: "For any Contract in excess of $100,000, the Local Agency acknowledges in accordance with Public Contract Code 7110, that: a. The Local Agency recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Local Agency, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 36. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Contract have force and effect and shall not be affected thereby. 37. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. This contract will expire on December30, 2012. Expiration of this Contract does not release any party hereto from any ongoing performance requirements agreed to herein. APPROVED: Caltrans Legal mg 06/23/2006 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Contract No: 75LX176 Sheet 8 of 10 December 31, 2010 Exhibit A Fed Xing ID: 027907S CPUC ID: 002H-0.40 Scope of Work Street Name: 27a' Street_ County: Los Angeles City: Vernon Railroad: BNSF Railway Co. Contractor: City of Vernon All improvements shall be in accordance with CAMUTCD and the City of Vernon standards. Scone of Work: 1. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the northeast quadrant of the crossing in front of the warning device between the track and the existing sidewalk. 2. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the southeast quadrant of the crossing in front of the warning device between the track and the existing sidewalk. 3. Repair sidewalk in southwest quadrant around new railroad warning device. APPROVED: Caltrans Legal mg 06/23/2006 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Contract No: 75LX176 Sheet 9 of 10 December 31, 2010 Exhibit A Fed Xing ID: 027907S CPUCID: 002H-0.40 Cost Estimate SECTION 130 RAIL GRADE CROSSING PROGRAM COST ESTIMATE FOR STPLR-7500(167) 27th Street - City of Vernon Vernon, CA Mobiization and Traffic Control Dust Control Remove 150 S.F. Concrete Sidewalk Remove 1200 S.F. Asphalt Concrete Remove 50 L.F. of Concrete Curb and Gutter Install 10 Ton Asphalt Concrete, Type B Install 7 Ton Aggregate Base, Class H Sawcut 100 L.F. of A.C. Pavement Install 100 L.F. Concrete Curb & Gutter Install 1200 S.F. Concrete Sidewalk (3.5" Thick) Subtotal Construction Management and Design Project Subtotal Overall Project Contingency Inflation Factor - 3 years Project Cost Estimate Total Amount of This Contract Federal Share 100% APPROVED: Caltrans Legal mg 06/23/2006 4 $6,799 $1,000 $750 $3,600 $500 $1,400 $315 $600 $2,500 $12,000 $29,464 $10,812 $40,276 $10,069 $6,042 $56,387 $56,387 $56,387 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 10 of 10 December 31, 2010 Exhibit A Fed Xing ID: 027907S CPUC ID: 002H-0.40 Drawing STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION i t Y pi 1 F � III { �r {�"`F k•{�fl� 3� ,� �.. A'"t �`� f�1n`.E`� ` �cl'�il� � _ r� � ��� •fit S,y4 i f - "1 k �} bS• - ff SSvi- �o-'Y ..F ; % s 6$ F C Y� 7,,� - 'C � 3 - � �" Y f. ,fR �-�[[� t •6 P NN P 5 3 F �t � _jt � -'R .� '�/ y 3 ^tip !g 3 E `&'`t `''� 1 r ��'� '�r�""��1"r'iC.M01 15 V '��2F, �.sd�-£,'',f'3i3'�., x r�rli 1 6 & y iT� % f t11u C Fa I?`�`JnY�.... E_ i WW tX�k' �Y` '•{p rJ ,v5 'kT IF�kI" Y{. 'Y? `3f t'13` 'iYk� 'Ni ( .#�' ^' i ,y-t"t�4-Y - yt 4 -`T �+,_:q• is �'Y€4'i .` ,+f•"Y_ ,r �'t3 - -'�` t .r,f �'{k t�-. �s, - _ -. d $b - F __, }Y _ CiS�'5 � � k �- #gam- �•T �1 � i r„ STREIT _27TH em i s 27`h Sheet APPROVED: Caltrans Legal mg 06/23/2006 sk CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 17, 2011 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2011-40 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Service Contract No. 75LX176 for Federal Aid Project No. STPLR-7500 (167).by and Between the City of Vernon and the State of California, Acting by and Through the Department of Transportation, for the Improvements of the BNSF Railroad Crossing Located on 271" Street East of Santa Fe Avenue in the City of Vernon Transmitted herewith is a copy of Resolution No. 2011-40 referenced above, which was approved by City Council on March 15, 2011, along with four partially executed original contracts for your transmittal. Upon execution, please ensure that a fully executed original contract is returned to this office. Thank you. WY:dj Attachments c: Rory Burnett Resolution No. 2011-40 Agreement 11-031 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 1 of 10 December 31, 2010 Source Charge EA Pre fix Subjob Object Amount FY Enc Code Encumbranc Doc No Dist Unit Dist T Unit 13 804 13 804 13-241678(L) 6042 $56,387.00 10 75LX176 Item Chapter Statutes Fiscal Year SERVICE CONTRACT NO: 75LX176 PROJECT NUMBER: STPLR-7500(167) I hereby certify upon my own personal knowledge -that -budgeted funds are available for the Period and purpose of the expenditure stated herein Signature of Accounting Officer Date The numbers above are to be placed on all invoices LOCAL AGENCY: ADDRESS: Phone City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 323-583-8811 SACRAMENTO, CALIFORNIA Effective Date of Contract: December 31, 2010 Expiration Date of Contract: December 30, 2012 The Local Agency (hereinafter referred to as Local Agency) hereby agrees to do the work set forth herein for the State of California, Department of Transportation (hereinafter referred to as Department) in accordance with all applicable laws including but not limited to, California Streets and Highways Code section 114(b) and California Government Code 14038 and regulations and the provisions of this form including the attached sheets and Exhibit A. The Local Agency agrees to receive and accept as full compensation therefore the payment provided herein. Local Agency must provide the Department 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, authorizing execution of this agreement. The work is located in the City of Vernon, at the grade crossing located at the intersection of 27th Street and BNSF Railway (hereinafter referred to as Railroad) tracks,. CPUC No. 002H-0.40, Federal No. 027907S. All work to be completed by Local Agency under the terms of this Contract is described in Exhibit A (hereinafter referred to as Project). Total Cost Estimate: $40,276 Contingency & Inflation: $16,111 TOTAL PROJECT COST: $56,387 TOTAL AMOUNT OF THIS CONTRACT: $56,387 It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the Local Agency pursuant to its own policies and procedures and that none are employees of Department Further, Department hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowablecostsincurred up to the limit set forth herein; provided, that by mutual consent of the Local Agency and the Department, this contract may be modified or terminated at any time. IN WITNESS "ER�d�fF Ahe parties to this contract have hereunto set their hand the year and date first above written. OF TRANSPORTATION By Branch Chief Approved Office Chief Date Approved as to Form Department Attorney APPROVED: Caitrans Legal mg 06/23/2006 sr... CITY OF VERNON,, By Hilar'o Gonzales Title Mayor erk terim City Attorney STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 2 of 10 December 31, 2010 1. 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 might occur if the contract were executed after appropriations are actually made. 2. This contract is valid and enforceable only if sufficient funds are made available to Department 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 statue enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this contract shalrbe amended to reflect any reduction of funds. 3. This service contract is for the elimination of hazards at Railroad -Highway intersections (crossings) with funds provided to Department under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Department, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary, the Department acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC. 4. The total actual allowable costs reimbursable by Department under this Service Contract shall not exceed $ 56,387.00. 5 The Local Agency will not proceed with any work on the Project, nor be required to purchase any materials, until authorized in writing by Department. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Department until sufficient State or Federal funds have been obligated for the project. State and Federal maximum liability pursuant to this contract is limited to the amount set forth in this contract. 6. The Local Agency agrees to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to completion. Department and.Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. The Department is acting as a conduit for disbursement of Federal Surface Transportation Program funds for hazard elimination at railroad intersections on city streets, county roads and State Highways. 7. Any person, company or corporation who performs work authorized under terms of this contact must have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement 8. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located. APPROVED: Caltmns Legal mg 06/23/2006 ailY� - STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 3 of 10 December 31, 2010 9. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction. 10. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securing written permission from the railroad, Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to Federal. Law and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad -highway intersection. A copy of this agreement between Railroad and Local Agency shall be provided to Department by Local Agency as soon as it is executed. 11. The_ Department will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost'of the work determined by the Department to be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has -an Indirect Cost Rate Proposal approved by Department's Audits and Investigations. 12. Any warning devices medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project, shall be located as agreed upon between Railroad and the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto. 13. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, or other markings and traffic signals installed or placed on any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTCD are not permitted. 14. Local Agency accounting and invoice procedures shall conform to the requirements set forth in the California State Department of Transportation's Local Assistance Procedures Manual - Chapter 5 Accounting/Invoices. Invoices submitted by the Local Agency shall be prepared as described in Exhibit 5-A of the Local Assistance Procedures Manual titled "Sample Federal -Aid Invoice (Except for STIP Projects)". Where the Local Assistance Procedures Manual provides that correspondence and/or invoices, are to be sent to the District Director or to the District Local Assistance Engineer, the Local Agency will instead send such correspondence and/or invoices to the: California Department of Transportation, Division of Rail, P.O. Box 942874, MS 74 Sacramento, California 94274 if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail, 1415 11 th Street, MS 74, Sacramento, CA 95814. 15. Not more frequently than once, a month, but at least quarterly, Local Agency will prepare and submit to Department invoices for actual allowable costs incurred consistent with the Exhibit A hereto. Department will review the invoice for compliance with this contract. Provided contract terms are complied with, payment will be made by Department to Local Agency within forty-five (45) days of the date of receipt of an invoice by Department. Invoices which are determined not be APPROVED: Caltrans Legal mg 06/23/2006 dwh� STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 4 of 10 December 31, 2010 in compliance will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Department as prescribed above. 16. The Local Agency, upon completion of the Project work, will provide to Department a written declaration/notification that the Project has been final billed and ready to be closed. This declaration shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Department will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that the Department previously paid more than its share of said project, Local Agency shall refund the difference between the Department's share and the amount paid by Department. All records of the Local Agency, its- contractors and subcontractors are subject to audit by representatives of the Department and Federal Highway Administration. Such records will be retained and made immediately available for inspection by Department's Auditors for a period of three, years from Department's date of final payment of aforementioned final invoice. 17. All work to be done hereunder by Local Agency shall be done only by its employees on a force account basis, or by contractors, the cost thereof to be paid to Local Agency by Department in the manner hereinafter set forth. 18. Local Agency agrees that the 48 CFR, Chapter 1 Part 31 et seq., Contract Cost Principles and Procedures, Federal Acquisition Regulations System, shall be used to determine the allowable individual items of indirect cost. Local Agency agrees to comply with the applicable Federal procedures in accordance with Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments and CFR 49, Part 1-8, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. 19. All applicable portions of 23 CFR Part 140, Subpart 1 are by reference incorporated herein and made a part hereof. 20. An itemized estimate of the cost of the work to be performed by Local Agency is attached hereto as a part of Exhibit A and made a part hereof. 21. Department agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR 646 et seq., and as set forth in cost estimates attached hereto. 22. The Local Agency has 180 days after the expiration date of this contract to submit the final invoice to Department for verification and payment. 23. In cooperation with the Railroad, the Local Agency shall maintain the Project improvements made under this contract located in its right of way. 24. Subject to the availability of labor and material, it is the intent of the parties hereto that all construction work under this service contract shall be completed within one year after the Notice to Proceed is issued by the Department, unless a time extension is requested by Local Agency and approved in writing by the Department. This Contract is effective for a period of two years only to prevent difficulties, which may arise if the Contract expired prior to all performance APPROVED: Caltrans Legal mg 06/23/2006 aan. STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 5 of 10 December 31, 2010 requirements being satisfied. Time is of the essence for completion of Project funded by this Contract. 25. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in this Contract is binding on any of the parties. 26. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of the Department in the form of a formal written amendment. 27. AUDIT: Local Agency agrees that the Department or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to maintain such records for possible audit for. aminimum of three (3) years after final payment, unless a longer period of records retention -- is stipulated. Local Agency agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 28. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be killed injured or damaged except to the extent that such death injury or damage results from the sole or active negligence of Department. 29. DISPUTES: Local Agency shall continue with the responsibilities under this Contract during any dispute. 30. TERMINATION FOR CAUSE: The Department may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination the Department may proceed with the work in any manner deemed proper by the Department. All costs to the Department shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand. 31. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the Department or State. 32. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, 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. Contractor and APPROVED: Caltrans Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 6 of 10 December 31, 2010 subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 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 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. Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 33. GOVERNING LAW: This contract is governedby and shall be interpreted in accordance with the laws of the State of California. 34. ANTITRUST CLAIMS: The Local Agency by signing this Contract hereby certifies that if these services or goods are obtained by means of a competitive bid, the Local Agency shall comply with the requirements of the Government Code Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: l . "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases. of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the, expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) APPROVED: Caltraw Legal mg 06/23/2006 4w.. STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 7 of 10 December 31, 2010 the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 35. CHILD SUPPORT COMPLIANCE ACT: "For any Contract in excess of $100,000, the Local Agency acknowledges in accordance with Public Contract Code 7110, that: a. The Local Agency recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Local Agency, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 36. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Contract have force and effect and shall not be affected thereby. 37. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. This contract will expire on December 30, 2012. Expiration of this Contract does not release any party hereto from any ongoing performance requirements agreed to herein. APPROVED: Caltrans Legal mg 06/23/2006 E&4 EXHIBIT A STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Exhibit A Fed Xing ID: 027907S CPUC ID: 002H-0.40 Scope of Work Street Name: 27th Street_ County: Los Angeles City: Vernon Railroad: BNSF Railway Co. Contractor: City of Vernon Contract No: 75LX176 Sheet 8 of 10 December 31, 2010 All improvements shall be in accordance with CAMUTCD and the City of Vernon standards. Scope of Work: 1. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the northeast quadrant of the crossing in front of the warning device'between the track and the existing sidewalk. 2. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the southeast quadrant of the crossing in front of the warning device between the track and the existing sidewalk. 3. Repair sidewalk in southwest quadrant around new railroad warning device. APPROVED: Caltrans Legal mg 06/23/2006 aR STATE OF CALIFORNIA ION DEPARTMENT OF TRAM Exhibit A Fed Xing ID: 027907S CPUC ID: 0021-1-0.40 Cost Estimate 130 RAIL GRADE CROSSING SECTION CO gT ESTIMATE FOR STPLR 750 27th Street - Cit of Vernon Vernon CA Moblization and Traffic Control Dust Control Remove 150 SS.F.oncrete Sidewalk Remove 1200 Asphalt Concrete ncrete Cub and Remove 50 L.F. of Asphalt rType B utter Install 10 Ton Concrete Install 7 Ton Aggregate Base, Classent H S stall 100 FFC Concrete Cub & Gutter Pavern Install 100 Install 1200 S.F. Concrete Sidewalk t(3.5" Thick) Su Construction Management and Design Project Subtotal Overall Project Contingency inflation Factor - 3 years Project Cost Estimate Total Amount of This Contract Federal Share 100% APPROVED: Caltrans Legal mg 06I23/2006 Sheet 9 of 10 December 31, 2010 .OG 671 $6,799 $1,000 $750 $3,600 $500 $1,400 $315 $600 $2,500 $12,000 $29,464 $10,812 $40,276 $10,069 $6,042 $56,387 $56,387 $56,387 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 10 of 10 December 31, 2010 Exhibit A Fed Xing ID: 027907S CPUC ID: 002H-0.40 Drawing STATE OF CALIFORNIA DEPARTMM OF TRANSPORTATION �, �, , F.. �•€ x , _ F.. PENOVE EIOSING AA'�ulT H RW: LL MPRO%1111ELY 50 FEET OF EOp'CflEIE SCEIINK'• +� WAW MD CNIER OX 11E XtltTWW OVWRNR OF TIE fROSSNp. N TWONT W iWE �� c -� � r WNONIC IEYRE IEteEEn ne TNH.T( xm to EiOSTrA sE>eWNx t - 'e 4 h AMOVE 04M ASiRT.NO INSTALL FPPaOMWELY SO FEET OF WM ROEWHM, I.CPAR SOLWHK N:19 W OKU OUWMT ARM 1CW RNAOIO WyN610:OLYICL � CLRB H OW ON W SORkW NWO OF TPE MOSS M FWORT OF TIE. 1 lam WEMEN TIE TRO N9 TIE W N0 SOEWAII(. rtm a Tu m cQumer i tR►Ilrrun►noA t° n ► 27TR STREET J ® VERNON.CA E mr uam CO. iiii eum 21' Sheet APPROVED: Caltrans Legal mg 06/23/2006 +w. Page 1 of 1 Juarez, Debbie From: Chan, Pin Sent: Monday, March 28, 2011 9:13 AM To: Juarez, Debbie Cc: Arellano, Claudia Subject: Res, No. 2011-40 - DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500 Attachments: ApprovedReso2011-40 031511.PDF Hi Debbie, Attached are the documents sent to Caltrans last week Sincerely, Pin Chan, Project Engineer City of Vernon, Community Services and Water 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 X 318 (Tel), (323) 826-1435 (Fax) pehan@ci.vernon.ca.us 3/28/2011 a t. COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 March 22, 2011 Jan Boliver, Railroad Crossing Safety Branch Department of Transportation Division of Rail 1120 N Street P.O. BOX 942874 - MS 74 Sacramento, CA 94274-0001 SUBJECT: Section 130 Grade Crossing Improvement Program, STPLR-7500(167), 75LX176, DOT No. 027907S Dear Ms. Boliver: The City of Vernon has enclosed the following documents. • An agreement between the City of Vernon and Division of Rail-4 original sets. • The City of Vernon Resolution No. 2011- 40. The City of Vernon Right -of -Way Certification. • The City of Vernon ADA Compliance Certification. Please execute the Agreement and Right -of -Way Certification and return a fully executed copy to this office when all signatures have been obtained. If you have any questions, please contact Pin Chan of my staff at (323) 583-8811, Ext. 318. Sincer el evin Wilson, P.E. Director of Community Services & Water SKW/pc Enclosures E,iccCusiveCy IndustriaC �. ` , COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue,Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 March 1, 2011 California Department of Transportation Division of Rail, MS 74 P.O. Box 942874 Sacramento,' CA 94274-0001 Attn: Lauren Clauson, Section 130 Branch Chief Subject: Right -of -Way Certification for Local Agency Managed Section 130 Grade Crossing Improvement Project County: Los Angeles, CPUC Crossing #: 0021-1-0,40, USDOT Crossing #: 027907S,'located 'at 27,h Street east of Santa Fe Avenue in the City of Vernon, CA 'STATUS: 1. REQUIRED RIGHT OF WAY: The acquisition of right of way was not required. All work proposed is within existing railroad right of way. 2. AFFECTED OPERATING FACILITIES: This project is being funded under Title 23, United States Code, Section 130 (23 U.S.C. 130). All. work will be performed within railroad right-of-way and/or within the right of way of the public agency having jurisdiction over the roadway, Physical construction will commence after the Federal Highway Administration (FHWA) obligates the Federal funds (approves the FAIN-76) and after receipt of an executed Service Contract and a written Notice -to -Proceed from the California Department of Transportation. 3. MATERIAL/DISPOSAL SITE(S): None required. 4. REQUIRED UTILITY RELOCATIONS: None required. Arrangements have been made with the owners of all utility encroachments that will remain within the rightof way of the project so that adequate control of the right of way will be achieved. 5. RIGHT OF WAY CLEARANCE: There are no improvements or obstructions located within the limits of this project. 6. AIRSPACE AGREEMENTS: There are no airspace lease properties within the limits of this project. 7. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS: Compliance was not required as there were no displacements for this project. 8. ENVIRONMENTAL MITIGATION: No environmental mitigation parcels are required for the project. XcCusiveCy IndustriaC LOCAL AGENCY CERTIFICATION (Continued): CERTIFICATIONS: 1. CITY OF VERNON: I hereby certify the right of way on this project as conforming to 23 CFR 635.309(C)(1). All work wily be performed within railroad right-of-way and/or within the right of way of the public agency having jurisdiction over the roadway, All necessary rights -of -way, including control of access rights when pertinent, have been acquired including legal and physical possession. I understand that all documents relating to this project are subject to review by Federal Highway Administration and/or California Department of Transportation (Department) in order to verify, this certification. I also understand that if deficiencies are found in any subsequent review, the following actions will be considered: a. Where minor deficiencies are found, the certification for future projects may be conditional or not accepted until the deficiencies are corrected. b. Where deficiencies are of such magnitude as to create doubt that the policies and objectives of Title 23 of the Code of Federal Regulations (or other applicable Federal and State laws) will not be accomplished by the project, Federal funding may be with�,Iawn. (Signature) (Date) SAMUAL KEVIN WILSON (Name) DIRECTOR OF COMMUNITY SERVICES AND WATER (Title) 2. CALIFORNIA DEPARTMENT OF TRANSPORTATION CERTIFICATION: I have not personally inspected the subject project but i have reviewed the PS&E package and I am aware of the scope of the project. I have reviewed the above "Right -of -Way Certification for Local Agency Managed Section 130 Grade Crossing Improvement Project" and I am satisfied with the form and content. The Department accepts this certification as proper in form and apparently complete in content. Also, the Department accepts this certification with the understanding that the railroad statement of compliance (above) has not been confirmed by Department. (Signature) (Date) Lauren Clauson, Chief Railroad Crossing Safety Branch California Department of Transportation Division of Rail Page 2 of 2:Right-of-Way Certification for Local Agency Managed Section 130 Grade Crossing Improvement Project ADA Compliance Certification For Section 130 Projects The Section 130 Program is a federally funded highway -rail crossing safety improvement program. Local agency projects receiving Federal funds are mandated to comply with the Americans with Disabilities Act (ADA). ADA is a law that requires Federal, State and local agencies to provide fall and equal access to information, services, public right of way (ROW) and facilities, for persons with disabilities, through the following statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504)(29 U.S.C.§) and Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S. §§ 12131-12164)., Any project for construction or alteration of a facility that provides access to pedestrians must be made accessible to persons with disabilities. 42 U.S.0 §§ 12131-12134: 28 CFR §§ 35.150, 35. 151 Kinney. Yerusalim, 9 F .3d 1067 (3`a Cir. 1993), cert denied, 511 U.S. 1033 (1994). Local Agency ADA compliance is the responsibility of the Local Agency, having jurisdiction over the roadway and the pedestrian access on that public right-of-way (ROW). Public Right -of -Way The public right-of-way consists of everything between right-of-way limits, including travel lanes, medians, planting strips, sidewalks and other facilities. Alteration vs. Maintenance Alteration is a change to a facility in the public right-of-way that affects access, circulation or use. Projects altering the use of the public ROW must incorporate pedestrian access improvements within the scope of the project, in order to meet the requirements of ADA and Section 504. Alterations include such items as reconstruction, major rehabilitation, widening, resurfacing, signal installation and upgrades and other projects of similar scale and effect. Maintenance activities include thin surface treatments (nonstructural), joint repair, pavement patching (filling potholes), shoulder repair, signing, striping, minor signal upgrades' and repairs to drainage systems. Cost and Timing An alteration project must be planned, designed and constructed so that the pedestrian access improvements, within the scope of the project, occur at the same time as the alteration. Cost may not be a reason for a public entity to fail to complete ADA-required' improvements, within the scope of an alteration project, under ADAAG (ADA Accessibility Guidelines). A public agency must complete any ADA required accessibility improvements within the scope of an alteration project to the maximum extent feasible. 28 CFR §35.151(b); Department of Justice Technical Assistance Manual for Title I1 of the ADA, II-6.3100(4). ProleetDescription: (Briefly describe project, purpose, location, limits, scope, right-of-way requireinents, and activities involved ADA Compliance Determination: 0 Alteration. Pedestrian access in project right-of-way will be addressed to conform with ADA requirements, as part of this project. Maintenance, Project consists of minor changes or repairs which do not affect or alter existing pedestrian right-of-way. Certification: I hereby certify that compliance with the laws and guidelines of the Americans with Disabilities Act (ADA), as applicable to public agencies, has been reviewed and that the determination noted above is true and correct. I further certify that should there be any deficiencies or discrepancies in this determination, subsequent remediation or litigation are the sole responsibility of this local agency. (Signtur: �., (Date) Director of Community Services and Water (Title) Cily of Vernon (Agency) RESOLUTION NO. 2011-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE. EXECUTION OF SERVICE -CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500`(167) BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION,; FOR THE IMPROVEMENTS OF THE'BNSF RAILROAD CROSSING LOCATED ON 27TH STREET EAST OF`SANTA FE AVENUE IN THE CITY OF VERNON WHEREAS, the California Public Utilities Commission ("CPUCII Rail-Crossing;Engineering Section staff has recommended certain improvements including the removal of existing asphalt and construction of new concrete sidewalk and curb & gutter adjacent to the ENSF railroad crossing located on 27th Street east of Santa Fe Avenue in the City of Vernon (the "Project,,); and WHEREAS Section 130 Grade Crossing Improvement Program of the CPUC provides funding to local governments and railroads to eliminate hazards at existing at -grade public highway -rail crossings; and WHEREAS, the State; of California, acting through the California Department of Transportation ("Caltrans"), is requiring the City to execute a service contract for the design, construction and construction management of the Project; and WHEREAS, by memo dated March 1, 2011, the Director of Community Services & Water has recommended that the City Council of the City of Vernon approve and authorize the execution of the Caltrans Service Contract No. 75LX176 for Federal Aid Project No. STPLR 7500,(167) (the "Agreement"); and WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive federal funding in the amount of $56,387.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1`: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with Caltrans a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement with Caltrans for, and on behalf of, -the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto, SECTION 4: The City Council of the City of Vernon hereby authorizes the City.Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the ,purposes of ;this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of'the "Vernon hereby directs the City Clerk, or the City Clerk's designee, to send four executed Agreements to Caltrans.'' 2 SECTION 6.. The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and .the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 151h day of March, 2011 Name: Hilario Gonzales Title: Mayor AT T ST: Willard G. Y ch', ity Clerk _3_ STATE OF CALIFORNIA ) s's COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-40, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 15, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 1 day of March, 2011, at Vernon, California. illard G. a uc City Clerk (SEAL) 4 ontract o: 75LX 76 DEPARTMENT OF TRANSPORTATION Sheet I of 16 December 31, 2010 1. Source Charge EA Pre fix Subjob Object Amount FY Enc Code. Encumbrance Doc No Dist I Unit Dist Unit 13 804 13 804 13-241678(L) 6042 $56,387.00 10 75LX176 Item Chapter Statutes Fiscal Year I hereby certify upon my ownpersonal` knowledge that budgeted funds are available for the Period and purpose of the expenditure stated herein SERVICE CONTRACT NO: 75LX1 66 PROJECT NUMBER: STPLR-7500(167) Signature of Accounting Officer Date The numbers above are to be placed on all invoices LOCAL AGENCY: ADDRESS: Phone City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 323-583-8811 SACRAMENTO, CALIFORNIA Effective Date of Contract: December 31, 2010 Expiration Date of Contract: December 30, 2012 The Local Agency (hereinafter referred to as Local Agency) hereby agrees to do the work set forth herein for the State of " California, Department of Transportation (hereinafter referred to as Department) in accordance with all applicable laws including but not limited to, California Streets and Highways Code section 114(b) and California Government Code 14038 and regulations and the provisions of this form including the attached sheets and Exhibit A. The Local Agency agrees to receive and accept as full compensation therefore the payment provided herein. Local Agency must provide the Department 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, authorizing execution of this agreement, The work is located in the City of Vernon, at the grade crossing located at the intersection of 27th Street and BNSF Railway (hereinafter referred to as Railroad) tracks, CPUC No. 0021-1-0.40, Federal No. 027907S. All work to be completed by Local Agency under the terms of this Contract is described in Exhibit A (hereinafter' referred to as Project). Total Cost Estimate: $40,276 Contingency & Inflation: $16,111 TOTAL PROJECT COST: $56,387 TOTAL AMOUNT OF THIS CONTRACT: $56,387 It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the Local Agency pursuant to its own policies and procedures and that none are employees of Department Further, Department hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowable costs incurred up to the limit setforth herein; provided, that by mutual consent of the Local Agency and the Department, this contract may be modified or terminated at any time. IN WITN SS KWE the parties to this contract have hereunto set their hand the year and date first above written. CALIFO A PART ` NT OF TRANSPORTATION CITY OF VERNON' / BYN� Branch Chief Hilario'TGonzales Approved OfTitle Mayor Office Chief Date nwr../ Af. Approved as to Form Department Attomey W' lar G. a ag _hi C ty Clerk PPROV 0 APPROVED: Caltrans Legal mg 11/21/2011 aa� W lla d a g hi,` Interim City Attorney STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 2 of 10 December 31, 2010 l . 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 might occur if the contract were executed after appropriations are actually made. 2. This contract is valid and enforceable only if sufficient funds are made available to Department 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 statue enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. It is mutually agreed- that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this contract shairbe amended to reflect any reduction of funds. 3. This service contract is for the elimination of hazards at Railroad -Highway intersections (crossings) with funds provided to Department under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Department, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary, the Department acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC. 4. The total actual allowable costs reimbursable by Department under this Service Contract shall not exceed $ 56,387.00. S The Local Agency will not proceed with any work on the'Project, nor be required to .purchase any materials, until authorized in writing by Department. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Department until sufficient State or Federal funds have been obligated for the project. State and Federal maximum liability pursuant to this contract is limited to the amount set forth in this contract. 6. The Local Agency agrees,to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to completion. Department and Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. The Department is acting as a conduit for disbursement of Federal Surface Transportation Program funds :for hazard elimination at railroad intersections on city streets, county roads and State Highways. 7. Any person, company or corporation who performs work authorized under terms of this contact must have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement 8. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located. APPROVED: Calhaw Legal , mg 06/73/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 3 of 10 December 31, 2010 9. Local. Agency will secure all legally required and necessary permits and approvals before commencing Project construction. 10. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securingwritten permission from the railroad, Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to Federal -Law and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad -highway intersection, A copy of this agreement between Railroad and Local Agency shall be provided to Department by Local Agency as soon as it is executed. 11. T c_Department will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost'of the work determined by the Department to be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has •an Indirect Cost Rate Proposal approved by Department's Audits and Investigations. 12. Any warning devices medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project, shall be located as agreed upon between Railroad anal the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto. 13. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, -or other markings and traffic signals installed or placed on any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTCD are not permitted. 14. Local Agency accounting and invoice procedures shall conform to the requirements set forth in the California State Department of Transportation's Local Assistance Procedures Manual Chapter 5 Accounting/Invoices. Invoices submitted by the Local Agency shall be prepared as described in Exhibit 5-A of the Local Assistance Procedures Manual titled "Sample Federal -Aid Invoice (Except for STIP Projects)". Where the Local' Assistance Procedures Manual provides that correspondence and/or invoices, are to be sent to the District Director or to the District Local Assistance Engineer, the Local Agency will instead send such correspondence and/or invoices to the: California Department of Transportation, Division of Rail, P.O. Box 942874, MS 74 Sacramento, California 94274 if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail, 1415 11 t' Street, MS 74, 'Sacramento, CA 95814. 1 S. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Department invoices for actual allowable costs incurred, consistent with the Exhibit A hereto, Department will review the invoice for compliance with this contract. Provided contract terms are complied with, payment will be made by Department to Local Agency within forty-five (45) days of the date of receipt of an invoice by Department. Invoices which are determined not be APPROVED: Caltraw Legal mg 06/2312006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENTOF TRANSPORTATION Sheet 4 'of 10 December 31, 2010 in compliance'; will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Department as prescribed above. 16. The Local Agency, upon completion of the Project work, will provide to Department a written declaration/notification that the Project has been final billed and ready to be closed. This declaration shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Department will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that the Department previously paid more than its share of said project, Local Agency shall refund the difference between the Department's share and the amount paid by Department. All records of the Local Agency, its- contractors and subcontractors are subject to audit by representatives of the Department and Federal Highway Administration. Such records will be retained and made immediately available for inspection by Department's Auditors for a period of three years from Department's date of final payment of aforementioned final invoice. 17. All work to be done hereunder by Local Agency shall be done only by its employees on a force account basis, or by contractors, the cost thereof to be paid to Local Agency by Department in the manner hereinafter set forth, 18. Local Agency agrees that the 48 CFR, Chapter 1 Part 31 et seq., Contract Cost Principles and Procedures, Federal Acquisition Regulations System, shall be used to determine the allowable individual items of indirect cost. Local Agency agrees to comply with the applicable Federal procedures in accordance with Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments and CFR .49, Fart- 18, Uniform Administrative Requirements -for Grants and Cooperative Agreements with State and Local Governments. 19. All applicable portions of 23 CFR Part 140, Subpart 1 are by reference incorporated herein' and made a part hereof. 20. An itemized estimate of the cost of the work to be performed by Local Agency is attached hereto as a part of Exhibit A and made a part hereof. 21. Department agrees to reimburse Local Agency for qualified insurance expenses as , authorized by 23 CFR 646 et seq., and as set forth in cost estimates attached hereto. 22. The Local Agencyhas 180 days after the expiration date of this contract to submit the final invoice to Department for verification and payment. 23. In cooperation with the Railroad, the Local Agency shall maintain the Project improvements made under this contract located in its right of way. 24. Subject to the availability of labor and material, it the intent of the parties hereto that all construction work under this service contract shall be completed within one year after the Notice to Proceed is issued by the Department, unless a time extension is requested by Local Agency and approved in writing by the Department. This Contract is effective for a period of two years only to prevent difficulties, which may arise if the Contract expired prior to all performance APPROVED: Caltans Legal mg' 003/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 5 of 10 December 31,,2010 requirements being satisfied. Time is of the essence for completion of Project funded by this Contract. 25. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in this Contract is binding on any of the parties. 26. ASSIGNMENT: This Contract is not assignable, in whole or'inpart, without the consent of the Department in the form of a formal written amendment. 27. AUDIT: Local Agency agrees that the Department or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to, maintain such records for possible audit - for, a minimum of three (3) years after final payment, unless a longer period of records retention - is stipulated. Local Agency agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code § 10115 et seq., CCR Title 2, Section 1896). 28. INDEMNIFICATION: Local Agency ,agrees to indemnify, defend and save harmless the State, ,its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers,, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be killed injured or damaged except to the extent that such death injury or damage results from4he sole or active` negligence of Department. 29. DISPUTES: Local Agency shall continue with the responsibilities under this Contract during any dispute. 30. TERMINATION FOR CAUSE: The Department may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination- the D.epartment may proceed with the work in any manner deemed proper by the Department. All costs to the Department shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand. 31. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall actin an independent capacity and not as officers or employees or agents of the Department or State. 32. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, 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. Contractor and APPROVED: Caltraw Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 6 of 10 December 31, 2010' subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2 Section 7285et 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 hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to Tabor organizations with which they Have a collective bargaining or other Agreement. Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 33. GOVERNING LAW: This contract is govexnedby and shall be interpreted in accordance with the laws of the State of California. 34. ANTITRUST CLAIMS _The Local Agency by signing this Contract hereby certifies that if these services or goods are obtained by means of a competitive bid, the Local Agency shall complywith the requirements of the Government Code Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2. "Public purchasing body" means the State or the subdivision or agency making a public purchase.' Government Code Section4550. b. In submitting a bidtoa public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid, Such assignment shall -be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the, assignor but were not paid by the public body as -part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the; assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) APPROVED: Caltram Legal mg 003/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 7 of 10 December 31 2010 the assignee has not been injured thereby, or (b) the assigneedeclines to file a court action for the cause of action. See Government Code Section 4554. 35. CHILD SUPPORT COMPLIANCE ACT; "For any Contract in excess of $100,000, the Local Agency acknowledges in accordance with Public Contract Code 7110, that a. The Local Agency recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enfgrcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Local Agency, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 36. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Contract have force and effect and shall not be affected thereby. 37. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. This contract will expire on December 30, 2012. Expiration of this Contract does not release any party hereto, from any ongoing performance requirements agreed to herein. APPROVED: Caltmns Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LXI76 DEPARTMENT OF TRANSPORTATION Sheet 8 of 10 December 31, 2010 Exhibit A Fed Xing lD: 0279075 CPUCID002H-0.40 Scope of Work Street Name: 27 h Street County: Los Angeles City: Vernon Railroad: 'BNSF Railway Co, Contractor: City of Vernon All improvements shall be in accordance with CAMUTCD and the City of Vernon standards. Scone of Work: 1. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the northeast quadrant of the crossing in front of the warning device between the track and the existing sidewalk. 2. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the southeast quadrant of the crossing in front of the warning: device between the track and the existing sidewalk. 3. Repair sidewalk in southwest quadrant around new railroad warning device. APPROVED: Caltans Legal mg'06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 9 of 10 December 31, 2010 Exhibit A Fed XinglD: 027907S CPUC ID: 002H-0.40 Cost Estimate SECTION 1.30 RAIL GRADE CROSSING PROGRAM COST ESTIMATE FOR STPLR-7500(167) 27th Street - City of Vernon Vernon, CA Moblization and Traffic Control $6799 Dust Control $1000 Remove 150 S.F. Concrete Sidewalk $750 Remove 1200>S.F. Asphalt Concrete $3,600 Remove 50 L.F. of Concrete Curb and Gutter $500 Install 10 Ton Asphalt Concrete, Type B $1,400 ` Install 7 Ton Aggregate Base, Class H $315 Sawcut 100 L.F. of A.C. Pavement $600 Install 100 L.F. Concrete Curb & Gutter $2,500 Install 1200 S.F. Concrete Sidewalk (3.5" Thick) $12,000 Subtotal $29,464 Construction Management and Design $10,812 Project Subtotal $40,276 Overall Project Contingency $10,069 Inflation Factor - 3 years $6,042 Project Cost Estimate $56,387 Total Amount of This Contract $56,387 Federal Share 100% $56387 APPROVED: Caltrans Legal mg 06/23/2006 ©t» - 2' y- �. �e .e ; m ■it#/# Page 1 of 3 Juarez, Debbie From: Chan, Pin Sent: Tuesday, August 23, 2011 1:00 PM To: Juarez, Debbie Cc: Arellano, Claudia o Subject: RE: Res. No. 2011-40 - DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500 Okay. Pin Chan, Project Engineer City of Vernon, Community Services and Water 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 X 318 (Tel.), (323) 826-1435 (fax) pchan@,ci.vernon.ca.us From: Juarez, Debbie Sent: Tuesday, August 23, 2011 12:58 PM To: Chan, Pin Cc: Arellano, Claudia Subject: RE: Res. No. 2011-40 - DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500 Please send the executed originals to the City Clerk's office for the file. Thank you. Debora( yuarez Records 914anageinentAssistant City of Vernon - City Cterk's office 4305 Santa Fe,fvenue Vernon, CA 90058 (323) 583-8811 From: Chan, Pin Sent: Tuesday, August 23, 2011 12:56 PM To: Juarez, Debbie Cc: Arellano, Claudia Subject: RE: Res. No. 2011-40 DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500 Hi Debbie, The Department of Transportation has already signed city approved agreement documents on April 25, 2011. Pin Chan, Project Engineer City of Vernon, Community Services and Water 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 X 318 (Tel), (323) 826-1435 (Fax) pchanC,ci.vernon. ca. us 8/23/2011 Page 2 of 3 From: Juarez, Debbie Sent: Tuesday, August 23, 2011 12:48 PM To: Chan, Pin Cc: Arellano, Claudia Subject: RE: Res. No. 2011-40 DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500 Hi Pin. Just to clarify, are you saying that the Department of Transportation will not be signing the documents that we approved and sent to them for execution until the completion of General Order 88-B for the CPUC and the design by the City? ne6orah Juarez Records 914anagernentAssistant City of Vernon - City CterC's Office 4305Santa EeAvenue Vernon, CA 90058 (323) 583-8811 From: Chan, Pin Sent: Tuesday, August 23, 2011 12:44 PM To: Juarez, Debbie Cc: Arellano, Claudia Subject: RE: Res. No. 2011-40 - DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500 Hi Debbie, The above -referenced contract with the Department of Transportation is in design (by city staff) and also completing a required 'General Order 88-13' (Go88b) for California Public Utilities Commission (CPUC) for review and approval. If you have any questions, please contact me at extension 318. Thanks. Pica. Chan, Project Engineer City of Vernon, Cornmunity Services and Water 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 X 318 (Tel), (323) 826-1435 (Fax) pchan@ci.vernon.ca.us From: Juarez, Debbie Sent: Tuesday, August 23, 2011 11:37 AM To: Chan, Pin Cc: Arellano, Claudia Subject: RE: Res. No. 2011-40 - DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO, STPLR 7500 Hello. Please let me know the status of the above -referenced contract with the Department of Transportation. Thank you. 1De6orah Juarez Records WanagennentAssistant 8/23/2011 Page 3 of 3 City of Vernon - City CCerCs Office 4305 Santa'Fe Avenue Vernon, CA 90058 (323) 583-8811 From: Chan, Pin Sent: Monday, March 28, 2011 9:13 AM To: Juarez, Debbie Cc: Arellano, Claudia Subject: Res. No. 2011-40 - DEPT. OF TRANSPORTATION CONTRACT NO. 75LX176 FOR FEDERAL AID PROJECT NO. STPLR-7500 Hi Debbie, Attached are the documents sent to Caltrans last week. Sincerely, Pin Chan, Project Engineer City of Vernon, Community Services and Water 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 X 318 (Tel), (323) 826-1435 (Fax) pehan@ci.vernon.ca.us 8/23/2011 STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION DIVISION OF RAIL 1120 N STREET P. O. BOX 942874 - MS 74 SACRAMENTO, CA 94274-0001 PHONE (916) 654-7197 FAX (916) 653-4565 TTY 711 April 26, 2011 Mr. Kevin Wilson -City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wilson: - L, .fia �. V 1 i[.l i••A g a� jZo'1 Flex your power! wmna,u,na Be energy efficient! Local Section 130 Program Grade Crossing Safety Improvement Contract No. 75LX176 Location: 27th Street, City of Vernon Enclosed is the fully executed copy of the above noted Contract, between the city of Vernon and the California Department of Transportation (Department). You may consider this your Notice to Proceed, with the work as outlined in the Contract. Please coordinate with the railroad at this location as appropriate. They will advise you of any necessary permits, which may be required prior to beginning work on this project. When the work is completed, and the warning devices are in operation, please notify the California Public Utilities Commission, with copies to the Department's Division of Rail. Also, please comply with paragraph 16 of this Contract, so that we may properly notify the Department's Division of Accounting to close this project with the Federal Highway Administration. If you have any questions, feel free to contact me at (916) 654-7197, Sincerely, JAN BOLIVER Railroad Crossing Safety Branch Enclosure "Caltrans improves mobility across California" STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Contract No: 75LX176 Sheet 1 of 10 December 31, 2010 Source Charge EA Pre Subjob Object Amount FY Enc Code Encumbrance fix Doc No Dist Unit Dist Unit 13 804 13 804 13-241678(L) 6042 $56,387.00 10 75LX176 Item Chapter Statutes Fiscal Year bloo-►0q.—m I 1 0-100q aoio I hereby certify upon my own personal knowledge that -budgeted funds are SERVICE CONTRACT NO: 75LX176 available for the Period and purpose of the expenditure stated herein _F PROJECT NUMBER: STPLR-7500(167) Sign a a of Account' Officer Date . The numbers above are to be placed on all invoices LOCAL AGENCY: City of Vernon SACRAMENTO, CALIFORNIA ADDRESS: 4305 Santa Fe Avenue Vernon, CA 90058 Effective Date of Contract: December 31, 2010 Phone 323-583-8811 Expiration Date of Contract: December 30, 2012 The Local Agency (hereinafter referred to as Local Agency) hereby agrees to do the work set forth herein for the State of California, Department of Transportation (hereinafter referred to as Department) in accordance with all applicable laws including but not limited to, California Streets and Highways Code section 114(b) and California Government Code 14038 and regulations and the provisions of this form including the attached sheets and Exhibit A. The Local Agency agrees to receive and accept as full compensation therefore the payment provided herein. Local Agency must provide the Department 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, authorizing execution of this agreement. The work is located in the City of Vernon, at the grade crossing located at the intersection of 27th Street and BNSF Railway (hereinafter referred to as Railroad) tracks,-CPUC No. 002H-0.40, Federal No. 027907S. All work to be completed by Local Agency under the terms of this Contract is described in Exhibit A (hereinafter referred to as Project). Total Cost Estimate: $40,276 Contingency & Inflation: $16,111 TOTAL PROJECT COST: $56,387 _I TAL AMOUNT OF THIS CONTRACT: $56,387 It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the Local Agency pursuant to its own policies and procedures and that none are employees of Department. Further, Department hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowable costs incurred up to the limit set forth herein; provided, that by mutual consent of the Local Agency and the Department, this contract may be modified or terminated at any time. IN WITNESS E OF he parties to this contract have hereunto set their hand the year and date first above written. CALIF T E OF TRANSPORTATION CITY OF VERNON By BY Byy/Vp� .cam Branch Chief Hilaro Gonzales ApprovedMZI—L '� � Title Mayor Office Chief Date 1 � Date AT ST: Approved as to Form Department Attorney i and G. Ya a c i, C t Clerk PROV$A3S�- 0 : APPROVED: Caltrans Legal mg 06/23/2006 e lep terim City Attorney STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 2 of 10 December 31, 2010 1. 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 might occur if the contract were executed after appropriations are actually made. 2. This contract is valid and enforceable only if sufficient funds are made available to Department 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 statue enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. 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 of funds. 3. This service contract is for the elimination of hazards at Railroad -Highway intersections (crossings) with funds provided to Department under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Department, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary, the Department acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC. 4. The total actual allowable costs reimbursable by Department under this Service Contract shall not exceed $ 56,387.00. 5 The Local Agency will not proceed with any work on the Project, nor be required to purchase any materials, until authorized in writing by Department. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Department until sufficient State or Federal funds have been obligated for the project. State and Federal maximum liability pursuant to this contract is limited to the amount set forth in this contract. 6. The Local Agency agrees to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to completion. Department and Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. The Department is acting as a conduit for disbursement of Federal Surface Transportation Program funds for hazard elimination at railroad intersections on city streets, county roads and State Highways. 7. Any person, company or corporation who performs work authorized under terms of this contact must have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement 8. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located. APPROVED: Caltrans Legal mg 06/23/2006 i s STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 3 of 10 December 31, 2010 9. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction. 10. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securing written permission from the railroad. Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to Federal Law and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad -highway intersection. A copy of this agreement between Railroad and Local Agency shall be provided to Department by Local Agency as soon as it is executed. 11. The_ Department will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost -of the work determined by the Department to "be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has -an Indirect Cost Rate Proposal approved by Department's Audits and Investigations. 12. Any warning devices medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project, shall be located as agreed upon between Railroad and the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto. 13. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, or other markings and traffic signals installed or placed on any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTCD are not permitted. 14. Local Agency accounting and invoice procedures shall conform to the requirements set forth in the California State Department of Transportation's Local Assistance Procedures Manual - Chapter 5 Accounting/Invoices. Invoices submitted by the Local Agency shall be prepared as described in Exhibit 5-A of the Local Assistance Procedures Manual titled "Sample Federal -Aid Invoice (Except for STIP Projects)". Where the Local Assistance Procedures Manual provides that correspondence and/or invoices, are to be sent to the District Director or to the District Local Assistance Engineer, the Local Agency will instead send such correspondence and/or invoices to the: California Department of Transportation, Division of Rail, P.O. Box 942874, MS 74 Sacramento, California 94274 if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail, 1415 1 lth Street, MS 74, Sacramento, CA 95814. 15. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Department invoices for actual allowable costs incurred consistent with the Exhibit A hereto. Department will review the invoice for compliance with this contract. Provided contract terms are complied with, payment will be made by Department to Local Agency within forty-five (45) days of the date of receipt of an invoice by Department. Invoices which are determined not be APPROVED: Caltrans Legal mg 06/23/2006 s STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 4 of 10 December 31, 2010 in compliance will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Department as prescribed above. 16. The Local Agency, upon completion of the Project work, will provide to Department a written declaration/notification that the Project has been final billed and ready to be closed. This declaration shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Department will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that the Department previously paid more than its share of said project, Local Agency shall refund the difference between the Department's share and the amount paid -by Department. All records of the Local Agency, its contractors and subcontractors are subject to audit by representatives of the Department and Federal- Highway Administration. Such records will be retained and made immediately available for 'inspection by Department's Auditors for a period of three years from Department's date of final payment- of aforementioned final invoice. 17. All work to be done hereunder by Local Agency shall be done only by its employees on a force account basis, or by contractors, the cost thereof to be paid to Local Agency by Department in the manner hereinafter set forth. 18. Local Agency agrees that the 48 CFR, Chapter 1 Part 31 et seq., Contract Cost Principles and Procedures, Federal Acquisition Regulations System, shall be used to determine the allowable individual items of indirect cost. Local Agency agrees to comply with the applicable Federal procedures in accordance with Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments and CFR .49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. 19. All applicable portions of 23 CFR Part 140, Subpart 1 are by reference incorporated herein and made a part hereof 20. An itemized estimate of the cost of the work to be performed by Local Agency is attached hereto as a part of Exhibit A and made a part hereof 21. Department agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR 646 et seq., and as set forth in cost estimates attached hereto. 22. The Local Agency has 180 days after the expiration date of this contract to submit the final invoice to Department for verification and payment. 23. In cooperation with the Railroad, the Local Agency shall maintain the Project improvements made under this contract located in its right of way. 24. Subject to the availability of labor and material, it is the intent of the parties hereto that all construction work under this service contract shall be completed within one year after the Notice to Proceed is issued by the Department, unless a time extension is requested by Local Agency and approved in writing by the Department. This Contract is effective for a period of two years only to prevent difficulties, which may arise if the Contract expired prior to all performance APPROVED: Caltrans Legal mg 06/23/2006 W 40� STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 5 of 10 December 31, 2010 requirements being satisfied. Time is of the essence for completion of Project funded by this Contract. 25. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in this Contract is binding on any of the parties. 26. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of the Department in the form of a formal written amendment. 27. AUDIT: Local Agency agrees that the Department or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention., is stipulated. Local Agency agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 28. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be killed injured or damaged except to the extent that such death injury or damage results from the sole or active negligence of Department. 29. DISPUTES: Local Agency shall continue with the responsibilities under this Contract during any dispute. 30. TERMINATION FOR CAUSE: The Department may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination the Department may proceed with the work in any manner deemed proper by the Department. All costs to the Department shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand. 31. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the Department or State. 32. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, 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. Contractor and APPROVED: Caltrans Legal mg 06/23/2006 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 6 of 10 December 31, 2010 subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 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 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. Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 33. GOVERNING LAW: This contract is gover-nedby and shall be interpreted in accordance with the laws of the State of California. 34. ANTITRUST CLAIMS: The Local Agency by signing this Contract hereby certifies that if these services or goods are obtained by means of a competitive bid, the Local Agency shall comply with the requirements of the Government Code Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) APPROVED: Caltrans Legal mg 06/23/2006 f STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 7 of 10 December 31, 2010 the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 35. CHILD SUPPORT COMPLIANCE ACT: "For any Contract in excess of $100,000, the Local Agency acknowledges in accordance with Public Contract Code 7110, that: a. The Local Agency recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance withearningsassignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Local Agency, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 36. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Contract have force and effect and shall not be affected thereby. 37. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. This contract will expire on December 30, 2012. Expiration of this Contract does not release any party hereto from any ongoing performance requirements agreed to herein. APPROVED: Caltrans Legal mg 06/23/2006 f EXHIBIT A STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Exhibit A Fed Xing ID: 027907S CPUC ID: 002H-0.40 Cost Estimate Contract No: 75LX176 Sheet 9 of 10 December 31, 2010 SECTION 130 RAIL GRADE CROSSING PROGRAM COST ESTIMATE FOR STPLR-7500(167) 27th Street - City of Vernon Vernon, CA Moblization and Traffic Control $6,799 Dust Control $1,000 Remove 150 S.F. Concrete Sidewalk $750 Remove 1200 S.F. Asphalt Concrete $3,600 Remove 50 L.F. of Concrete Curb and Gutter $500 Install 10 Ton Asphalt Concrete, Type B $1,400 Install 7 Ton Aggregate Base, Class H $315 Sawcut 100 L.F. of A.C. Pavement $600 Install 100 L.F. Concrete Curb & Gutter $2,500 Install 1200 S.F. Concrete Sidewalk (3.5" Thick) $12,000 Subtotal $29,464 Construction Management and Design $10,812 Project Subtotal $40,276 Overall Project Contingency $10,069 Inflation Factor - 3 years $6,042 Project Cost Estimate $56,387 Total Amount of This Contract $56,387 Federal Share 100% $56,387 APPROVED: Caltrans Legal mg 06/23/2006 a&�' a�aax 1 STATE OF CALIFORNIA Contract No: 75LX176 DEPARTMENT OF TRANSPORTATION Sheet 10 of 10 December 31, 2010 Exhibit A Fed Xing ID: 027907S CPUC ID: 002H-0.40 Drawing STATE OF CALTORNIA DEPARTWNT OF TRANSPORTATION �l _ 1 r Ek15TN0"M AT (H!-NSTALL 1APAOXNATEEY 50 FEET OF CORCNETESOE%HN, O.RN *O WIER ON THE NORTIEAST aUPpUVT OF TIE OAOSSNF 11 FRgIT OF a,E WOW OE a OEI M H TRACK ND TIE MIS SEtWNIi V REMOVE EMTNG M R ND WALL 00MATELY 50 FEET OF CONCRETE SOEIYWY. RERAR SKW)LK TIC-WnFR'EST gWMA IT Ma.RD tLW RIA1tO1D WIRING OL41CC CERR ND COMER ON THE SOUMAS1 WON OF TK CROWFE N FRONT OF H - F a `.. [ WARNID OENT£ REWEN TEE,TRAa ND AYE EMU SCEWNN a aK�' q re is V t Ko aATI at CAWOLIIA j` ITg0 IV 1V 27TH STREET ' VERNON. CA CITY rA# rKD 107 Uff10:CMC3 2P Street APPROVED: Caltrans Legal mg 06/23/2006 +<v STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Exhibit A Fed Xing ID: 027907S CPUC ID: 002H-0.40 Scope of Work Street Name: 27t11 Street_ County: Los Angeles City: Vernon Railroad: BNSF Railway Co. Contractor: City of Vernon Contract No: 75LX176 Sheet 8 of 10 December 31, 2010 All improvements shall be in accordance with CAMUTCD and the City of Vernon standards. Scope of Work: 1. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the northeast quadrant of the crossing in front of the warning device between the track and the existing sidewalk. 2. Remove existing asphalt and install approximately 50 feet of concrete sidewalk, curb and gutter on the southeast quadrant of the crossing in front of the warning device between the track and the existing sidewalk. 3. Repair sidewalk in southwest quadrant around new railroad warning device. APPROVED: Caltians Legal mg 06/23/2006 RECEIVED STAFF REPORT MAR 0 2 2011 CITY ADMINISTRATION 0 COMMUNITY SERVICES & WATER DEPARTMENT DATE: March 1, 2011 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson; Director of Community Services & Water RE: 27th Street Sidewalk Repair at BNSF Rail Crossing (Fed Xing ID 027907S) (CPUC ID 00211-0.40) — Section 130 Grade Crossing Improvement Program - Caltrans Service Contract No. 75LX176 — Federal Aid Project No. STPLR 7500(167) BACKGROUND During October 2008, the California Public Utilities Commission (CPUC) Rail Crossing Engineering Section staff (the diagnostic team) performed a field investigation of the BNSF railroad crossing on 27th Street east of Santa Fe Avenue. The diagnostic team recommended that certain improvements including the removal of existing asphalt and construction of new concrete sidewalk and curb &-gutter adjacent to the aforementioned rail track take place (see attached drawing). Caltrans has approved the CPUC proposal and has requested that the City of Vernon execute the Section 130 Grade Crossing Improvement Program, Caltrans Service Contract No. 75LXI76, Federal Aid Project No. STPLR-7500(167) attached herewith. The project cost is estimated to be $56,387.00 for design, construction and construction management which will be performed by City of Vernon Community Services and Water Department personnel. This project is 100% federally funded, therefore all City costs will be reimbursed. RECOMMENDATION I recommended that a resolution executing the Section 130 Grade Crossing Improvement Program, Caltrans Service Contract No. 75LX176, Federal Aid Project No. STPLR-7500(167) be approved and the Mayor and City Clerk be authorized to .execute the service contract documents. RECEIVED f Mfo / c e MAR 0 2 2011 CITY CLERWS�fAt4MUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM Mark Whitworth, City Administrator 1/11,1 Samuel Kevin Wilson, Director of Cor DATE: March 1, 2011 SUBJECT: 27t' Street Sidewalk Repair at BNSF Rail Crossing (Fed Xing ID 027907S) (CPUC ID 00211-0.40) — Section 130 Grade Crossing Improvement Program — Caltrans Service Contract No. 75LX176 — Federal Aid Project No. STPLR 7500(167) 13ACKGROUND During October 2008, the California Public Utilities Commission (CPUC) Rail Crossing Engineering Section staff (the diagnostic team:) performed a field investigation of the BNSF railroad crossing on 27 h Street east of Santa Fe Avenue. The. diagnostic team recommended that certain improvements including the removal of existing asphalt and construction of new concrete sidewalk and curb & gutter adjacent to the aforementioned rail track take place (see attached drawing). Caltrans has approved the CPUC proposal and has requested that the City of Vernon execute the Section 130 Grade Crossing Improvement Program,_ Caltrans Service Contract No. 75LX176, Federal Aid Project No. STPLR-7500(167) attached herewith. The project cost is estimated to be $56,387.00 for design, construction and construction management which will be performed by City of Vernon Community Services and Water Department personnel. This project is 100% federally funded. RECOMMENDATION It is my recommendation that the Section 130 Grade Crosging Improvement Program, Caltrans Service Contract No. 75LX176, Federal Aid Project No. STPLR 7500(167) be approved. Please place this item on the March 15, 2011 City Council meeting agenda. Thank you. SKW/pc Enclosures STAFF REPORT City Attorney TO: Kevin Wilson, Director of Community Services FR: Willard G. Yamaguchi, Interim City Attorney DA: December 29, 2010 RE: 27th Street Sidewalk Repair at BNSF Rail Crossing Caltrans Service Contract No. 75LS 176 I have reviewed the agreement regarding the above referenced matter and approve as to form Said agreement may be presented to the City Council for approval. k STATE OF CALIFORNIA—BUSINESS TRANSPQRTATION AND H USING AGENCY ARNOLD SCMARZENEGGER Governor DEPARTMENT. OF TRANSPORTATION DIVISION OF RAIL 1120 N STREET P. 0. BOX 942874 -MS 74 SACRAMENTO, CA 94274-0001 PHONE (916)-654-7197 FAX (916) 653-4565 TTY 711 November_ 10, 2010 A Flex your power! Be energy efficient! Section 130 Grade Crossing Improvement Program 27th Street, City of Vernon STPLR-7500(167); 75LX176 DOT No. 027907S Mr. Samuel. Kevin Wilson, P.E. Director of Community Services and Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wilson: Enclosad is Service Contract No. 75LX176. If satisfactory, please have the official authorized to execute Service Contracts sign all copies and return them to the California Department of Transportation's Division of Rail at the address noted above. Once all signatures and authorizations have been obtained, a fully executed copy will be returned to you. , Also.enclosed are the sample Right of Way Self -Certification and the Americans with Disabilities Act of 1990.Compliance Certification, to be completed and returned with the - . executed Service Contract. If you have any questions, you may contact me at (916) 654-7197. Sincerely, �ZrZ JAN BOLIVER Railroad Crossing Safety Branch Enclosures "Caltrans improves mobility across California"