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HomeMy WebLinkAboutR-11269 execute Service Contract No. 50LP291 for Highway Railroad Grade Crossing Safety Program Grant Funds for the California & Foothill Railroad Crossing Upgrades ProjectR 11269 RESOLUTION NO. 11269 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE CONTRACT NO. 50LP291 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE PROVISION OF HIGHWAY RAILROAD GRADE CROSSING SAFETY PROGRAM (SECTION 130) GRANT FUNDS FOR THE CALIFORNIA & FOOTHILL RAILROAD CROSSING UPGRADES PROJECT WHEREAS, on December 9, 2014, the City Council of the City of San Luis Obispo (the “City Council”) adopted the San Luis Obispo General Plan Circulation Element, which establishes the goals, policies and implementing actions for the transportation of people and materials within the City of San Luis Obispo; and WHEREAS, the General Plan Circulation Element calls for the City to improve pedestrian crossing safety at heavily used intersections by installing crossing controls where warranted by the California Manual on Uniform Traffic Control Devices (“MUTCD”); and WHEREAS, the General Plan Circulation Element calls for the City to coordinate railroad facility infrastructure maintenance and improvements with the Union Pacific Railroad and the Public Utilities Commission; and WHEREAS, the California Public Utilities Commission (“PUC”) prepared a diagnostic evaluation of existing conditions at the California Boulevard and Foothill Boulevard At-Grade Rail Crossing, including assessment of vehicular, bicycle, pedestrian and rail traffic, and determined that improvements were warranted to enhance crossing safety for all users; and WHEREAS, the PUC determined that potential crossing safety improvements proposed for the California Boulevard and Foothill Boulevard At-Grade Rail Crossing were 100% eligible for grant funding under the Section 130 Railway-Highways Crossing Program (the “Section 130 Program”); and WHEREAS, the PUC prepared a list of recommended safety improvements for the California Department of Transportation’s (“Caltrans”) Division of Rail and Mass Transportation that will allow the Union Pacific Railroad and the City, under separate agreements with Caltrans, to receive reimbursement for expenditures related to improvements at the California Boulevard and Foothill Boulevard At-Grade Crossing, to be funded by the Section 130 Program; and WHEREAS, Caltrans has prepared Service Contract No. 50LP291 to be executed by the City, which will enable the City to be reimbursed in Section 130 Program funds for the improvements proposed as part of the California and Foothill Railroad Crossing Upgrades Project; and DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC Resolution No. 11269 (2021 Series) Page 2 R 11269 WHEREAS, the by the Council Agenda Report accompanying this resolution, the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby authorizes the City Manager to execute Service Contract No. 50LP291 with the California Department of Transportation for the provision of Section 130 Program funds (Exhibit 1). SECTION 2. The Council hereby authorizes the City Manager to execute and make amendments to the Caltrans Service Contract as needed to facilitate completion of the California & Foothill Railroad Crossing Upgrades Project. SECTION 3. The Council hereby authorizes the Finance Director to augment the budget, by accepting and appropriating Section 130 Program Grant funds to the California & Foothill Railroad Crossing Upgrades Project account (Spec. No. 91293) pursuant to the Caltrans Service Contract and any subsequent amendments to this contract. DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC Resolution No. 11269 (2021 Series) Page 3 R 11269 SECTION 4. Environmental Review. No environmental review is required for execution of a Service Contract with Caltrans, as the proposed actions are not a “project” under CEQA Guidelines Section 15378. Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 20th day of July 2021. _____________________________ Mayor Heidi Harmon ATTEST: __________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: __________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. _____________________________ Teresa Purrington City Clerk DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC 7/23/2021 | 7:50 AM PDT STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 The City of San Luis Obispo (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 Caltrans) 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 Exhibits A-E. This Agreement shall be effective the date defined herein or when executed by all parties, whichever is later and is subject to all the terms and conditions thereof. This agreement authorizes reimbursement of eligible costs incurred during the term of this agreement. The work is located in the City of San Luis Obispo at the grade crossing located at the intersection of Foothill Boulevard and the Union Pacific Railroad (hereinafter referred to as Railroad) tracks, identified as; California Public Utilities Commission (CPUC) No. 001E-247.15 / SLO-1022, Federal DOT No. 745352P. All work to be completed by Local Agency under the terms of this Contract is described in Exhibits A & B (hereinafter referred to as Project). Under this agreement, funding is authorized for work in phases, beginning with the Preliminary Engineering (PE) phase. Additional funding to complete this contract will only be provided through the execution of amendments for the subsequent phase(s) of work needed; Right of Way (RW), Utility Relocation (R/W-UTIL), and Construction (CON). Estimated Total Project Cost (Local Agency): $796,250.00 TOTAL AMOUNT OF CONTRACT (Preliminary Engineering) $400,000.00 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 Caltrans. Further, Caltrans 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 Caltrans, this contract may be modified or terminated at any time, noting that a contract amendment is necessary prior to undertaking any construction activities. IN WITNESS WHEREOF, the parties have duly executed this contract as of the dates shown below with the effective date shown above. CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF SAN LUIS OBISPO Signature _ Signature Name Bruce Roberts Name Derek Johnson Title Caltrans Section 130 Program Manager Title City Manager Date Date Unit Project ID Phase Subjob Object Amount FFY Encumbrance Doc No 3328 0521000061 S 049 $400,000.00 2020/2021 50LP291 Item Chapter Statutes Fiscal Year CONTRACT – FOOTHILL BLVD 2660-102-0890 6 2020 2020/2021 The funds as listed above are available for the period and purpose of the expenditure stated herein. PROJECT NUMBER (FED ID) STPLR-7500(291) CALTRANS ACCOUNTING ID: 0521000061 SERVICE CONTRACT: 50LP291 Caltrans Division of Local Assistance Office of Federal Programs – Section P.O. Box 942874, MS 1 Sacramento, CA 94274-0001 The numbers above shall be included with all invoices submitted to Caltrans Highway Railroad Grade Crossing Safety Program (Section 130) LOCAL AGENCY: ADDRESS: Phone: City of San Luis Obispo Public Works 919 Palm Street San Luis Obispo, CA 93401 Effective Date of Contract: December 11, 2020 Or upon signature, whichever is later. Expiration Date of Contract: December 31, 2024 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC 7/21/2021 | 4:21 PM PDT 7/21/2021 | 4:29 PM PDT STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 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 Caltrans by the United States Government or the California State Legislature for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, conditions or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. 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 Caltrans under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Caltrans, Local Agency, CPUC and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary; Caltrans acts as a conduit for the federal funds to the Local Agency and the Railroad. The Local Agency and Railroad are responsible for building and maintaining the improvements as approved by the CPUC. 4. The work to be performed by the Local Agency is attached hereto as a part of Exhibit A and made a part hereof (hereinafter referred to as Scope of Work). The Scope of work is based on; an analysis of existing conditions, accident history, field diagnostic review to define initial mutually agreed upon recommendations of improvements best suited for railroad-highways grade crossing hazards eliminations for the specific location and is subject to revisions based on the completion of design, traffic engineering, signal pre-emption, or changed conditions, but only if approved by Caltrans and CPUC.. 5. The planned work items and an estimate of total project cost is attached hereto as Exhibit B and made a part hereof. 6. The existing conditions of the Project are documented in photographs and attached hereto as Exhibit C. 7. The total allowable costs reimbursable by Caltrans under this phase of the Service Contract, shall not exceed $400,000.00, for Preliminary Engineering (PE). 8. Each phase of work; Preliminary Engineering (PE), Right of Way (R/W), Utility Relocation (R/W- UTIL), and Construction (CON), will require an additional federal authorization through the issuance of an updated E-76 with a new funding sequence for the phase of work. Any unexpended prior obligations from the completed phase(s), will be used in conjunction with the required additional federal funds for the next phase of work. Authorization of federal funds will be performed by Caltrans, aligned with the project schedule and provided the state has sufficient Obligation Authority (OA) and available federal funds to undertake this action. 9. The reimbursement of federal funds is limited to the amounts approved on E-76 for either the Local Agency or Railroad. All Project costs must also comply with the E-76, attached hereto as DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 Exhibit D. Only work performed after the date of federal authorization is eligible for federal reimbursement, the Local Agency reimbursement rate is equal to; 100% of eligible costs. 10. When federal funds are not available for obligation, a local agency may request in writing authorization to proceed with the project (or project phase) under the Local Assistance advance construction procedures. Under local advance construction procedures, the local agency will use its own funds to perform work eligible for future federal reimbursement. The local agency must have sufficient local funds to pay for all project costs until such time as federal funds become available. 11. Local Agency will not proceed with any work on the Project, nor will Local Agency purchase any materials, until authorized through the execution of this contract and Caltrans’ issuance of a Notice to Proceed (hereinafter referred to as NTP). Authorization and issuance of the NTP shall not be issued by Caltrans until sufficient State or Federal funds have been obligated for the projects. State liability pursuant to this contract is limited to the amount set forth in this contract 12. 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. Caltrans and Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and should adhere to all guidance and requirements for local federal- aid projects from the Caltrans Local Assistance Procedures Manual (LAPM). Local Agency agrees to perform its work in accordance with Federal Highway Administration (FHWA) FHWA- 1273, a true and correct copy of which is attached hereto as Exhibit E as may be amended or updated, as if those provisions were set forth fully herein. Caltrans 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. 13. The Local Agency shall comply with the Buy America provisions set forth in 23 CFR 635.410 for the Project, for steel, iron and manufactured goods produced in the United States, subject to the conditions therein set forth. 14. Any person, company or corporation who performs construction work authorized under terms of this contract must have a valid and current 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. 15. Local Agency must coordinate Project work with the Railroad that owns or operates the tracks where the intersection is located. 16. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction. 17. 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 track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to federal law regulation and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad-highway intersection. DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 A copy of this agreement between Railroad and Local Agency shall be provided to Caltrans by Local Agency as soon as it is executed. 18. Caltrans will reimburse the Local Agency on the basis of actual cost, not to exceed the Project costs set forth herein. Any cost of the work determined by Caltrans to be not reimbursable, shall be borne and paid for solely and exclusively by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has an Indirect Cost Rate Proposal approved by Caltrans’ Audits and Investigations. 19. Any warning devices, medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project must be agreed upon between Railroad and the California Public Utilities Commission and the Local Agency must receive approval of a CPUC General Order 88-B, prior to commencing any construction activities and is responsible as the lead applicant from initiation through close-out. 20. 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. 21. Local Agency invoice procedures shall conform to the California Prompt Payment Act (Gov. Code § 927 et seq.,). Correspondence and/or invoices are to be mailed to: Caltrans Division of Local Assistance Office of Federal Programs Section 130, MS-1 P.O. Box 942874 Sacramento, CA 94274 Physical Address: California Department of Transportation Division of Local Assistance, 1200 N Street, Room 2400 Sacramento, California 95814. 22. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Caltrans invoices for actual allowable costs incurred. Caltrans will review the invoice for compliance with this contract. Payment will be made by Caltrans to Local Agency within forty-five (45) days of the date of receipt of an invoice by Caltrans, unless disputed. Invoices which are determined not in compliance, or include unallowable costs, will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Caltrans as prescribed above. 23. The Local Agency shall prepare and submit to Caltrans, not less than quarterly, a project status report that includes, at a minimum; a comprehensive summary of the overall project status, accomplishments to date, activities under way, risks, issues, planned activities and schedule updates. 24. The Local Agency, upon completion of the Project work, will provide to Caltrans a written declaration/notification that the Project has been final billed and ready to be closed. This declaration DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Caltrans will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that Caltrans previously paid more than its share of said project, Local Agency shall refund the difference between Caltrans’ share and the amount paid by Caltrans. All records of the Local Agency, its contractors and subcontractors are subject to audit by representatives of the State of California and Federal Highway Administration. Such records will be retained and made immediately available for inspection by Caltrans’ Auditors for a period of three years from Caltrans’ date of final payment of aforementioned final invoice. 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). 25 Local Agency agrees to pay prevailing wages for the work performed, pursuant to the California Labor Code §1720, or any other applicable law. 26. 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 Caltrans in the manner hereinafter set forth. 27. The Local Agency agrees that the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 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 2 CFR 200. 28. All applicable portions of 23 CFR Part 140, Subpart I are by reference incorporated herein and made a part hereof. 29. Caltrans agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR 646 et seq., and as set forth in the cost estimates or approved through amendment. 30. The Local Agency has 180 days after the expiration date of this contract to submit the final invoice to Caltrans for verification and payment. No compensation or reimbursement is payable for any cost or expense that is submitted on an invoice following 180 days after the expiration date of the contract. 31. In accordance with the California Public Utilities Commission General Orders, and in cooperation with the Railroad, the Local Agency shall maintain the Project improvements located in its right of way. 32. Subject to the availability of labor and material and securing the required and necessary permits and approvals of phase authorizations, it is the intent of the parties hereto that all construction work under this service contract shall be completed within the effective date of this contract, unless a time extension is requested by Local Agency and approved in writing by Caltrans. The expiration date of this contract is shown on the face sheet. Costs incurred after the expiration date of contract are unallowable and shall not be billed by the Local Agency to Caltrans. DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 33. 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. 34. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of Caltrans in the form of a formal written amendment. 35. AUDIT: Local Agency agrees that Caltrans 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. 36. 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 Caltrans. 37. DISPUTES: Local Agency shall continue to perform under this Contract during any dispute. 38. TERMINATION FOR CAUSE: Caltrans 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 Caltrans may proceed with the work in any manner deemed proper by Caltrans. All costs to Caltrans 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. 39. 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 Caltrans or State. 40. 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 subcontractors shall ensure 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 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 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. 41. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 42. FORUM SELECTION CLAUSE: Sacramento County shall be used as the primary venue for any action arising from this contract, or an alternative location of competent jurisdiction within the State of California may be used, only if mutually agreed upon in writing. 43. ORDER OF PRECEDENCE; This Contract; Exhibit A, Scope of Work; Exhibit B, Cost Estimate; Exhibit C, Existing Conditions; Exhibit D, E-76, Exhibit E, FHWA-1273; are incorporated by reference and constitute the entire agreement between Caltrans and Local Agency. The documents listed in this paragraph shall be hereinafter referred to as the “Contract”. In the event of a conflict between the contract documents, the controlling document shall be this Contract, then Exhibit D, Exhibit E, Exhibit A, Exhibit B, Exhibit C. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded provisions over any conflicting provisions defined in the body of the contract or its exhibits. 44. 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. DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 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) 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. 45. 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.” 46. 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. 47. 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 Public Contract Code Section 10353. Expiration of this Contract does not release any party hereto from any ongoing performance requirements agreed to herein. DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 Exhibit A Fed Xing ID: 745352P CPUC ID: 001E-247.15 / SLO-1022 Scope of Work Crossing Current Conditions: The crossing is very heavily used with a high ADT and high pedestrian use due to the close proximity to the Cal Poly San Luis Obispo campus. The campus is located east of the tracks and residential apartments and restaurants west of the tracks. There is a single UP Coast subdivision mainline track at the crossing. The crossing has 5 travel lanes (2 westbound and 3 eastbound), 2 bicycle lanes, and 2 sidewalks through the crossing. The sidewalks in the northwest and southwest quadrants are in poor condition. The sidewalks in the northeast and southeast quadrants were recently refurbished as part of the new bicycle path along California Blvd. The crossing has 2 Commission Standard 9 (flashing light signal assembly with automatic gates) warning devices. The Foothill and California Blvd intersection is signalized with railroad preemption. The intersection has a separate bicycle phase with bicycle signals. Local Agency Scope of Work: Reconstruct and install sidewalk: o Approximately 40 feet in the northeast quadrant o Approximately 40 feet in the northwest quadrant o Approximately 40 feet in the southeast quadrant o Approximately 50 feet in the southwest quadrant Install pedestrian channelization in all quadrants. Install detectable warning (tactile strips) on all sidewalk approaches. Relocate the bicycle curb ramp in the southeast quadrant to the southwest quadrant. Underground the existing overhead utilities in the southeast and southwest quadrants. Refurbish the asphalt transition approximately ten feet on each approach following the crossing panel replacement. Refresh or replace all pavement markings and signage: o From the track to the east to the intersection of California and Foothill. o From the track to the west to the railroad RXR advanced pavement markings. Install four exit swing gates one in each quadrant adjacent to the pedestrian gate in that quadrant. Modify traffic signal to utilize preemption time. All modifications shall be in accordance with the CAMUTCD, and CPUC General Orders. DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 Exhibit B Fed Xing ID: 745352P CPUC ID: 001E-247.15 / SLO-1022 Cost Estimate Work Item Quantity Unit Unit Cost Total Detectable Warning Tiles 4 EA 7500 30000 Asphalt Concrete Overlay 100 TON 125 12500 Class2 Aggregate Base / Fill 500 TON 100 50000 Exit Swing Gates 4 EA 25000 100000 Sidewalk 1500 SF 100 150000 Curb & Gutter 170 LF 125 21250 Traffic Signal Modification 1 LS 50000 50000 Utilities Underground 1 LS 50000 50000 Striping & Signage 1 LS 25000 25000 Permit and Flagging Fees 1 LS 30000 30000 Mobilization 1 LS 20000 20000 Traffic Control 1 LS 30000 30000 Subtotal 568,750 Engineering 15% 85,313 Contingency 15% 85,313 Construction Administration & Inspection 10% 56,875 City Estimate $796,250 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 Exhibit C Fed Xing ID: 745352P CPUC ID: 001E-247.15 / SLO-1022 Existing Conditions West Approach East Approach DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 South Sidewalk North Sidewalk DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 Exhibit D Fed Xing ID: 745352P CPUC ID: 001E-247.15 / SLO-1022 E-76 Note: Local Agency funding is a portion of the total obligation DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 Exhibit E Fed Xing ID: 745352P CPUC ID: 001E-247.15 / SLO-1022 FHWA-1273 (12 pages) DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC STATE OF CALIFORNIA Agency: San Luis Obispo DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd Sheet 1 of 24 December 11, 2020 DocuSign Envelope ID: 20D2EEAA-A7C9-47FC-9156-126EAF83A5FC