HomeMy WebLinkAboutReso 1990-164 - Approving local agency-state agreement No. B.L.A! , '
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RESOLUTION NO. I`.0-1(„,V
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING LOCAL AGENCY-STATE AGREEMENT NO. B.L.A. 2-90
BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA,
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, FOR
THE BICYCLE LANE ACCOUNT PROJECT ON PLACER STREET FROM
WISCONSIN AVENUE TO SAN FRANCISCO STREET, AND AUTHORIZING
THE MAYOR TO SIGN THE NECESSARY DOCUMENTATION.
BE IT RESOLVED by the City Council of the City of Redding as
follows:
1 . That the City Council of the City of Redding hereby
approves Local Agency-State Agreement No. B.L.A. 2-90 between the
City of Redding and the State of California, acting by and
through its Department of Transportation, for the Bicycle Lane
Account Project on Placer Street from Wisconsin Avenue to San
Francisco Street, a true copy of which is attached hereto and
incorporated herein.
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement and ancillary
documentation on behalf of the City Council 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.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
e
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the City of Redding on the 3rd day of April , 1990 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Dahl , Fulton, Johannessen, & Buffum
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: Carter
ABSTAIN: COUNCIL MEMBERS: None
4r74F M, v ye ayor
City of Redding
ATTEST:
ETHEL A. NICHOLS , City Clerk
FORM PROVED:
RAN ALL A. HAYS, Ci _ Attorney
-2-
1111
LOCAL AGENCY-STATE AGREEMENT
BICYCLE LANE ACCOUNT PROJECT
02 CITY OF REDDING AGREEMENT NO.B.L.A. No. 2-90
District Local Agency
THIS AGREEMENT, made in duplicate this day of , 19
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:
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.
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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S
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, LOCAL
AGENCY shall assume responsibility for maintaining the 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.
IN WITNESS WHEREOF, the parties have executed this agreement by their
duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation LOCAL AGENCY
DON BENJAMIN, Chief BY
Office of Local Streets
and Roads Title
Date
Attest:
Title
By
Robert L. Manning
Program Management
Office of Local Streets
and Roads
Approval Recommended:
District Director of Transportation
•:•-,..by Certify upon n►y owe perten f kesewfedoe that budgeted funds are avoifob a for this encumbronce.
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111
EXHIBIT A
Local Agency: CITY OF REDDING Agreement No. B.L.A. No. 2-90
ARTICLE V - Project Location and Description of Work Proposed:
Location: In the City of Redding on Placer Street from
Wisconsin'Avenue to San Francisco Street.
Description of Work: Construct CL-1 and CL-2 Bikeway by
placing aggregate base, placing A.C. , drainage,
curb and gutter, signing and striping.
Net Length: 0.83 mile
ARTICLE VI - Proposed Project Funding:
Cost: Total
$ 94,685
Financing: Total
Local Agency $ 9,468
Bicycle Lane
Account $ 85, 217
Percent Funding
by Bicycle Lane
Account 90$
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EXHIBIT B
FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM
1. In the performance of this 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 by 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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