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HomeMy WebLinkAbout82-28 1 3 6 7 8 10 11 12 13 14 15 16 17 15 NOES.- 19 ASSE~T: 21 22 23 ATTEST: 26 27 RESOLUTION NO. 82-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING EXECUTION OF A LOCAL AGENCY-STATE AGREEMENT FOR A BICYCLE LANE ACCOUNT PROJECT ALONG LOW GAP ROAD BETWEEN BUSH STREET AND THE ENTRANCE TO LOW GAP REGIONAL PARK WHEREAS, the City Council of the City of Ukiah desires to construct bicycle lanes along various streets within the City of Ukiah, and WHEREAS, this project is consistent with approved bicycle routes as shown in the City of Ukiah General Plan, and WHEREAS, this project will tie into and extend existing bicycle lanes, and WItEREAS, the bicycle lanes will provide designated areas adjacent to vehicle travel lanes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does approve the Local Agency-State Agreement for a Bicycle Lane Account Project along Low Gap Road and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Ukiah. PASSED AND ADOPTED this 4th day of November following roll call vote: AYES: Councilmembers Hickey, Feibusch , Snyder, Riley, Myers None None , 1981, by the MAYOR CITY CLERK LOCAL AGENCY-STATE AGREEMENT BICYCLE LANE ACCOUNT PROJECT 01-City of Ukiah Agreement No. BLA-01-80 THIS AGREEMENT, made in duplicate this 4th day of _ _ Novemb~F , 19 t~e, by and between the ~ity of Ukiah, a political subdivision of 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, construction shall be performed by contract. Application of pavement markings may be performed by LOCAL AGENCY forces. LOCAL AGENCY shall prepare all docu- ments necessary for advertising, advertise, and award and administer the contract including inspection of work performed and payments to the contractor as the same become 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 the minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established by STATE. -2- 4. The estimated cost of the project is as shown in Exhibit A. LOCAL AGENCY may, at its option, award a contract for an amount in excess of said estimate, and final project expenditures may exceed said estimate 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 in Exhibit A. 5. In the event the final cost of the project is less than said estimate by reason of low bid or otherwise, the allocation of Bicycle Lane Account funds will be decreased if such decrease is necessary to avoid exceeding the statutory limits of par t icipa tion. 6. STATE shall pay to the LOCAL AGENCY, within thirty (30) days of receipt of a final accounting of actual project costs and a written request for payment, the Bicycle Lane Account share of the actual cost of the project. · Ail costs charged to this agreement by LOCAL AGENCY shall be supported by properly executed payrolls, time records, invoices and vouchers, evidencing 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 coop.arative 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. 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 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 · -4- 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. 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. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation R. G. Adams, Chief Division of Highways By Chief, Office of Bicycle- Facilities Approval Recommended. District Director of Transportation CITY OF UKIAH Title Ma.yor Date November 5, 1981 Attest ~~?~~_~~_~i/ Title City Clerk , EXHIBIT A Local Agency. BLA-01-80 City of Ukiah ARTICLE V - Project Location and Description of Work Proposed. Location- Low Gap Road. Bikeway along both sides of Low Gap Road from Bush St. to 1500 feet west of Despina Dr. Net Length: 0.68 mile Description of Work: Construct Class II bike lane with a minimum 4' width. Delineate by signing and striping. ARTICLE VI - Proposed Project Funding-' Cost- $43,594 Financing. Local Agency Funds Bicycle Lane Account Funds $ 4,359 EXHIBIT B FAIR ~PLO~ PRACTICES 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 em- ployees 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 patay or other forms of compensation; and selection for training, im- cluding apprenticeship. The Contractor shall post in cons.~icu- ous places, available to employees and applicants for emplc~yment, notices to be provided by the State setting forth the prov~.~sions of this Fair Employment Practices section. 2. The Contractor will permit access to his records ~ employment, employment advertisements, application forms, an~ other pertinent data and records by the State Fair-Employmem~ Practice Commission, or any other agency of the State of C~d_i- fornia designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Wrap ~oymen~ Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation o£ the Fair Employment Practices provision to have oc- curred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a writ- ten notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor Code Section 1~26, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair ~ploymen~ Practices provision, the State shall have the right to terminate this contract either in whole or in par~, and any loss or damage sustained by the State 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 may deduct from any moneys due or that there- after may become due to the Contractor, the differ- ence between the price named in the contract and the actual cost thereof to the State.