HomeMy WebLinkAboutReso 93-218 - Approve & Authorize the mayor to sign the Local Agency-State agreement No. B.L.A. 2-93 between COR & State of Calif, Dept of Transportation, for Bicycle Ln acct project on Freebridge, Rio, Anita, Ellis, Polk, and Eastside Rd ' RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE LOCAL AGENCY-
STATE AGREEMENT NO. B.L.A. 2-93 BETWEEN THE CITY OF REDDING AND
THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE
BICYCLE LANE ACCOUNT PROJECT ON FREEBRIDGE, RIO, ANITA, ELLIS,
POLK, AND EASTSIDE ROADS.
IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby
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approves the above-described Local Agency-State Agreement No. B.L.A. 2-93 between the
City of Redding and the State of California, acting by and through its Department of
Transportation, a true copy of which is attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized
and directed to sign said Agreement on behalf of the City of Redding; and the City
Clerk is hereby authorized and directed to attest the signature of the Mayor and to
impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a
regular meeting of the City Council of the City of Redding on the lst day of June,
':_993, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
CARL ARN S , Mayor
City of- Redding
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A ST: FORM APPROVED:
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CONNIE STROHMAYER, C y Clerk ALL A. HAY , City Attorney
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LOCAL AGENCY-STATE AGREEMENT
BICYCLE LANE ACCOUNT PROJECT
02 City of Redding AGREEMENT NO. B.L.A. No. 2-93
. District Local Agency
i THIS AGREEMENT, made in duplicate this day of
by and between the City of Redding a political subdivision of the State
of California hereinafter referred to as "LOCAL AGENCY" , and the State
of California, acting by and through the Department of Transportation,
hereinafter referred to as "STATE" .
WITNESSETH:
WHEREAS, under the provisions of Section 2106 (b) and Sections 2370
through 2392 of the Streets and Highways Code, as implemented by
regulations in Title 21, Chapter 2, Subchapter 10 of the California
Administrative Code, funds have been allocated to LOCAL AGENCY for the
construction of a Bicycle Lane Account project selected by LOCAL AGENCY
and described in EXHIBIT A attached hereto; and
WHEREAS, under provisions of the California Administrative Code, STATE
is required to enter into an agreement with LOCAL AGENCY relative to
design standards, the handling and accounting of funds, time for
completion and all other phases of the project,
THEREFORE, the parties agree as follows:
li ARTICLE I - Project Administration
1. The project or projects described in Exhibit A, hereinafter
referred to as "the project" , shall be constructed as provided
in this agreement and in accordance with the laws applicable to
LOCAL AGENCY. In the event of a conflict, the terms of this
agreement shall prevail.
2 . Except as provided herein and in Exhibit N/A "Special
Covenants" , construction shall be performed by contract.
Striping, application of pavement markings and signing may be
performed by LOCAL AGENCY forces. LOCAL AGENCY shall prepare
all documents necessary for advertising, advertise, award and
administer the contract including inspection of work performed
and payments to the contractor as the same becomes due.
3 . Prior to advertising, LOCAL AGENCY shall prepare a complete set
of contract plans and submit same to STATE for approval. Such
plans shall conform to uniform specifications and to design and
safety standards as described in the Caltrans Highway Design
Manual - Bikeway Planning and Design Section 7-1000 established
by STATE.
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4 . The estimated costs of the project are as shown in Exhibit A.
LOCAL AGENCY may, at its option, award contracts for amounts in
excess of said estimates, and final project expenditures may
exceed said estimates if sufficient local funds are available
to finance the excess. It is understood, however, that the
allocation of Bicycle Lane Account funds will not exceed that
shown for each item in Exhibit A.
i 5. In the event the final costs of the project are less than said
estimate by reason of low bid or otherwise, the allocation of
Bicycle Lane Account funds will be decreased in relationship to
the percent funded by Bicycle Lane Account.
6. STATE shall pay to the LOCAL AGENCY, within forty-five (45)
days of Caltrans Headquarters receipt of an acceptable final
accounting of actual project costs and a written request for
payment, the Bicycle Lane Account share of the actual cost of
the project.
7 . "All costs charged to this agreement by LOCAL AGENCY shall be
supported by properly executed payrolls, time records, invoices
and vouchers, evidenced in proper detail the nature and
propriety of the charges, and shall be costs allowable under
the California Bikeways Act" .
8. STATE may, at its option, declare this agreement void if a
contract for construction of the project has not been awarded
by LOCAL AGENCY on or before December 31 of the calendar year
in which the allocation of funds for the project is made.
9. If the project is a cooperative project and includes work on a
State highway, it shall be the subject of a separate
cooperative agreement between the STATE and LOCAL AGENCY.
10. The Legislature of the State of California, and the Governor of
the State of California, each within their respective
jurisdictions, have prescribed certain employment practices
with respect to contract and other work financed with State
funds. LOCAL AGENCY shall ensure that work performed under this
agreement is done in conformance with the rules and regulations
embodying such requirements where they are applicable. Any
agreement or service contract entered into by LOCAL AGENCY for
performance of work connected with the project shall
incorporate Exhibit B attached hereto.
ARTICLE II - Rights-of-Way
1. Such rights-of-way as are necessary for the construction of the
project shall be furnished by LOCAL AGENCY. Right-of-way costs
may be included as an eligible item of total costs.
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2 . LOCAL AGENCY agrees to hold STATE harmless from any liability
which may result in the event the right-of-way is not clear
prior to award of contract. The furnishing of rights-of-way
as provided for herein includes in addition to all real
property required for the improvement, free and clear of
obstruction and encumbrances, the payment of damages to real
property not actually taken but injuriously affected by the
proposed improvement. LOCAL AGENCY shall pay from its own
funds any costs which arise out of delays to the contractor
because utility facilities have not been removed or relocated,
or because rights-of-way have not been made available to the
contractor for the orderly prosecution of the work.
3 . Should LOCAL AGENCY, in acquiring right of way for the project,
displace an individual, family, business, farm operation, or
nonprofit organization, relocation payments and services will
be provided in compliance with the applicable State laws. The
public will be adequately informed of the relocation payments
and services which will be available and, to the greatest
extent practicable no person lawfully occupying real property
shall be required to move from his dwelling or to move his
business or farm operation without at least 90 days written
notice from LOCAL AGENCY.
ARTICLE III - Engineering
1. "Preliminary engineering" as used herein includes all
preliminary work related to the project, including, but not
restricted to preliminary surveys and reports, laboratory
work, soil investigations, preparation of plans, designs, and
advertising. "Construction engineering" as used herein
includes actual inspection and supervision of construction
work, construction staking, laboratory and field testing,
field reports and records, estimates, final reports, and
allowable expenses of employees engaged in such activities.
2 . Preliminary and construction engineering costs included in the
estimate contained in Exhibit A are eligible project costs.
STATE reimbursement to LOCAL AGENCY will be on the basis of the
actual cost thereof to LOCAL AGENCY including compensation and
expense, of personnel working on the project, required
materials, and automotive expense provided, however, that
LOCAL AGENCY shall contribute its general administrative and
overhead expense.
ARTICLE IV - Miscellaneous Provisions
1. If STATE is named as a defendant in any suit arising from the
construction, maintenance or operation of the project, LOCAL
AGENCY will, at request of STATE, assume full responsibility
for the conduct of the defense or will provide such assistance
as STATE will require, and will pay any judgments issued
against STATE and all costs in connection with the defense.
STATE reserves the right to represent itself in any litigation
in which STATE' s interests are at stake.
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2 . LOCAL AGENCY shall maintain an accurate and detailed record of
costs for this project. Such records shall be retained and
made available to STATE's auditors for examination for a
minimum period of three years from date of final payment of
expenditures from Bicycle Lane Account.
3 . Upon acceptance of the completed project by the awarding
authority, or upon the contractor's being relieved of the duty
of maintaining and protecting certain portions of the work,
I ' LOCAL AGENCY shall assume responsibility for maintaining the
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project.
4 . Minor changes may be made in the project as described in
Exhibit A upon notice to STATE. No major change, however, may
be made in said project except pursuant to an amendment to this
agreement duly executed by STATE and LOCAL AGENCY.
5. LOCAL AGENCY shall certify CEQA compliance or documentation of
Categorical Exemption determination as defined in Title 14 of
the State Administrative Code-Department of Resources
guidelines prior to PS&E approval by STATE.
6. Nothing in the provisions of this agreement is intended to
create duties or obligations to or rights in third parties not
parties to this agreement or affect the legal liability of
either party to this agreement by imposing any standard of care
different than the standard of care imposed by law.
7 . It is understood and agreed that neither the STATE nor any of
its officers or employees is responsible for any damage or
liability occurring by reason of anything done or omitted to be
done in connection with the project. It is understood and
agreed that pursuant to Government Code section 895. 4 LOCAL
AGENCY shall defend, indemnify and save harmless the STATE, all
officers and employees from all claims, suits or actions of
every name, kind and description brought forth, or on account
of, injuries to or death of any person including but not
limited to workmen and the public, or damage to property
arising out of or in any way connected to the project or the
completed facility.
8 . With respect to third party claims against LOCAL AGENCY arising
out of or in any way connected to the project or the completed
facility, LOCAL AGENCY waives any and all rights to any type of
express, implied or comparative indemnity against the STATE,
its officers or employees.
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IN WITNESS WHEREOF, the parties have executed this agreement by their
duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation LOCAL AGENCY
BOB EVERITT, Chief BY
Office of Local Programs
Title
Date
Attest:
Title
By
Robert L. Manning
Local Streets and Roads
Program Management Branch
Office of Local Programs
Approval Recommended:
District Director of Transportation
I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance.
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EXHIBIT A
Local Agency: City of Redding Agreement No. B.L.A. No. 2-93
ARTICLE V - Project Location and Description of Work Proposed:
Location: In the City of Redding, along Freebridge Street, Rio
Street, Anita Street, Ellis Street, Polk Street and
Eastside Road, from Parkview Avenue to Radio Lane.
Description of Work: Construct CL-2 Bikeway by excavation,
aggregate base, drainage facilities,
grade and pave with A. C. , signing and
striping.
Net Length: 1. 75 Miles
ARTICLE VI - Proposed Project Funding:
Cost: Total
$102 ,700
Financing: Total
Local Agency $ 12 , 700
Bicycle Lane
Account $ 90, 000
Percent Funding
by Bicycle Lane
Account 87 . 63%
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EXHIBIT B
FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM
1. In the performance of the contract, the Contractor will not
discriminate against any employee or applicant for employment
because of race, sex, color, religion, ancestry, or national
origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated
during employment, without regard to their race, sex, color,
religion, ancestry, or national origin. Such action shall
include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship. The Contractor shall post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the State or local agency setting
forth the provisions of this Fair Employment and Housing
section.
2 . The Contractor will permit access to his records of employment,
employment advertisements, application forms, and other
pertinent data and records by the State Fair Employment and
Housing Commission, or any other agency of the State of
California designated by the awarding authority, for the
purposes of investigation to ascertain compliance with the Fair
Employment and Housing section of this contract.
3 . Remedies for Willful Violation:
(a) The State or local agency will determine a willful
violation of the Fair Employment and Housing
provision to have occurred upon receipt of a final
judgment having that effect from a court in an
action to which Contractor was a party, or upon
receipt of a written notice from the Fair Employment
and Housing Commission that it has investigated and
determined that the Contractor has violated the Fair
Employment and Housing Act and has issued an order or
obtained an injunction under Government Code Sections
12900, et seq.
(b) For willful violation of this Fair Employment and
Housing provision, the State or local agency shall
have the right to terminate this contract either in
whole or in part, and any loss or damage sustained by
the State of local agency in securing the goods or
services hereunder shall be borne and paid for the
Contractor and by his surety under the performance
bond, if any, and the State or local agency may
deduct from any moneys due or that thereafter may
become due to the Contractor, the difference between
the price named in the contract and the actual cost
thereof to the State or local agency.
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