HomeMy WebLinkAboutDEPARTMENT OF TRANSPORTATION - 1981-07-20F
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o REQUES'..-'FOR CITY COU
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June 15, 1981
Submittad to: Honorable Mayor and City Council 00,
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Submitledby: Charles W. Thorapson, Cit Aft4r,istrat600,
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Paul E. Cook, Direutor of Public Work
Kepared by:
Subjwt: Bicycle Lane Improvements Mocai hgency State Cooperative
Agreement #BT.J% 13-81)
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Statement of Issue, Recorrmandralon, Analysis, Funding %urrw, Alternative Action Attachments:
STATLMENT OF ISSUE:
The califom-da State Department of Transportation has requested the Cit-% m an
.1 1 , prove a
cooperative agreernmrit for the Liproven-ent of local bicycle lane facilities.
jj5.6r—ow U59 —resolution allthorizing:
1. Emcution of Coppezative Agrewmt #BIA 13-81.
2. City participation in tble inprovements.
AWSTV12"ra
Vr-Z�rdanc-e with California State Senatz- Bill #244, Auxls are available to cities for
the construction and impzovernant of local bikeway facilities. Fequests for -furding
assistance are submittei to the California State Dept. of Transportatic-i for approval.
Gn.Clec. 1, 1980, the Citv applied for $26,010 in funding assistance to offset $28,90 in
prc-posed bikeway inpm%rements which include constructing bicycle detection facilities at
eleven major street intersectims and 2nstal-ling ten bicycle locUng stalls at the Civic
Center carplex.
The State Dept. of Transport-ation approved the City's applIcz-1--ion cx-i March 7, 1981 and haz;
forwax-ded Copparative Agrua�ent- MA 13-31 for approval. 4-dition, Ua City Ccuncil is
asked to adopt a resolution authorizing participation L-, X-ram.
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Lhe Public Works Dept. concurs writh the agreement and has aside aas tax revenues- to
fund the reTaining balance cf $2,890.00.
ro"'DIM SOUR=:
1. S.B. #244 FUnds $26,010
2. City Cx-L-, Tax Revenues 2,890
1 .72 8, 9 0 0
I'dternative Lzticns:
1. rwany aFm_rmnal of Cooperatve IF rearte
1 -�q nt -xd Resolution, tlhereb�r relinquishing State
assistance.
ATBkCHMEUM:
1. PesolU-ti:Lm
2. CocSerative Agreare-rit
PEC:DI;N-,jy
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STATE OF CAMC2NIA—BUSINESS AND TRANSPORTATiON AGENCY
EDMUND G. BROW
DEFARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS AP40ELES 9L,051
(213) 620-3090 17,
may 7, 1981 1
Mr. Paul E. Cook, Director
Public Works
City of Huntington Beach
2000 Main Street
P. U. Box 190
Huntinzton Beach callformin ooghA
Dear Mr. Cook:
N. Attached are duplicate copies of a Cooperative Agreement
(No. BLA 13- 1) for locking bicycle stalls plue bicycle
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loopo and detectors
Which provides the funding
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requested in your Bicycle Lane Account application.
Please have the Agreement execull, 'ed and return both
copies, along with a resolution by the City Council
-),)rizing the City's participation.
aut.
If you have any questions, contact Courl- Burrell at (213)
620-3090.
Sincerely,
S. LISIEWICZj C ipf
cation Pjanning Branch
Transport
Attachment
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LOCAL AGEUCY-STATE AGREEMENT
BICYCLE LANE ACCOUNT PROJECT
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07 CitY of Huntington Beach
Distric f_``�����
AGREEMENT 140. BLA 13-81
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THIS AGREEMENT, made ir, duplicltp
thi., day of
19 J -rat / �'S-
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SU --7- On 8p1ch Tt_1_ca_1_—
la here i'n5op—iter' rTf_e_r_r_ed_t0 as "LOUL AGENCY:,,
"l CalitoFn 0 �Ont
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sion of the State of ptin t
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and the State of Cai'ifurnia, acting by and throtigh the Department of Tr'anspoi,-
'L�Ition, hereinafter referred to as "STATE."
UITNESSETH:
WHERFAS, under the erovisions of Section 2106(b) and Sections 2370 through
2-192 3f the Streets and Highways Code, as implemented by regulPtions in
Title 21, Chapter 2, Subchapter 10 of the California Administrative Code, I
funds have been allocatt?d to LOCAL AGENCY for the construc,,-ioli of a Bicycle
Lane Account Droje�t selected by tOC,4L AGEUY and descy-ibe'
a'16-tached hereto; arid d 'in EXHIBIT A
IIHEKAS� under Provilsiol.s of the California Administrative Code, STATE is
reai,-Ired to enter ifito an agreement with L06AL AGENCY relative to design
-,andards, the handling and acccunting of funds, tfire for complet on and all
otner phases of the Project, i
THEREFORE, the parties agree as follo%qs:
ARTICLE I - Pro-Ject Administration
I. The proiject or Pl'ojectf described in Exhibit A, hereinafter referred
to as "the prciect", siiall be constructEd 7s provided in this agreement and
in accordance with the laws appikable to "
I LOCAL AGENCY. In the evelit of a
confl4ct, the te"ms Of this agreement shall provail.
2. Except as provided tierein and in ExhibiL
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construction 7halll t "Special Covenants",
i be Wfro;ed by contract.
may be nerfnrm.,4 k Applirnf-4
paven:enk�.- markiiqs W'.
LULAL ACENCY force ; t
d3cullic,-1, J 7,
LOCAL AGEUCY shall pre
Pare all
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the contract including inst and admi:list,,r.
orl,,e due.
contractur as the same ber' ,:?ction of %.101-1� verformed and paym2nts to the
3. Prio-, to advertising, LOCA1
P.GUICY shall prepare a complete set of
-antract Plans and submit same to STATE for- appi-oval. Such 'plans shall conforn
to the minirru,71 safety desi(11,1 criteria
signs, markers, and tr and uniform specifications and Z�Tnbils for
af I�ic control dcvices establi
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4. The estimated cost of the project is as shown in E0ibit A. LOCAL AGENCY
may, at its option, award a contra,:t foi- an amount in excess of said cstimate,
and final project expenditure- rPdy exceed said estimate if sufficient local
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funds :-ra available to finance the excess. It is understood, however, that the
allocatioti of Blcvcle Lane Account funds will not exceed that, Shown in Exhibit A.
5. In the cvent the final cust of the project is less than said estimate
-wise, the al7ocation of Bicycle Lanr. Account
by reuson 9f low bid or othci
funds will be decrease, if such decrease is necessary to avoid exco�edinq the
statutory limits of participatioii.
1.
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6. STATE shall pay to the LOCAL AGENCY, with'in thirty (30) days of receipt
of a final accuunting 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, evidencing
in proper detail the nature and propriety of the charges, and shall be costs
allowable under the California Bikeways Act."
S. 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 ye3r in which the allocation of funds for the project
is made.
5.. If :.,he project is a cooperative project and includes work on a state
highway, it shall be the subject of a separate c6operative'agreement between the
STATE and LOCAL AGENCY.
10, The Legislature of the State of California, and the Governor of the State
of Calif ornia, each within their respective jurisdict"ons, have prescribed
certain emoloyment practices with respect to contract and othel- %qol k finar,:Pd
with State funds. LOCAL AGENCY shall ensure that work perforsied under this
agreement is d,)ne in conformance w!Lh f-he rtiles, and regulatiort embodying such
reouirements -e,,h-re they arO applicable. Any agrgement or service contract
entered into by MAL AGE14CY for performance of work'connected with the project
shall incorporate Exhibit B attached hereto.
ARTICLE 11 - Riahts-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
elinible, item. ol" total costs.
2. LOCAL AGENCY agrees to hold State harmles's from any I &ability which may
rpsult in the event the ri- ht-of-way is not clear prior to award of contract.
The furrIlshing of riqhts-o�-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 Gamagess to real property not actually taken
but injuriouGly affected by the propoised fiaprova-ment. LOCAL AGEtIry shall Day
from its own funds any costs which 'arise out of delays to the contractor becaus2
utility facilities have not been reooved or relocat-ed, or because rights -of -way
have not be2n inade available to the contractor for the orderly Drosecution of
the eiork.
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'NCY, in acquiriiia right of way 'or the project, displace
Should LOCAL AGE
an individual, family, business, farm operation, oi nonprofit organization,
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relocation Dayments and services will be provided in compliance with the appli-
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cable Stale laws. The public will be adequately informed of the relocdtion
payments and services will be provided in compliance with the applicable F�_ate
laws. The public will be adequately informed of the relocatior payments and
services which will be avaflaWe and tv the greatest extent practicable no
person lawfully occ:.,pying real ot operty shall be required to nove from his
ne,,
dviel 1 ing or to move his busi s or farm operation withuut at least 90 days
written notice fro, LOCAL AGENCY.
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ARTICLE III - Engineering
1. "P.-eliminary engineering-' as used herein includes all preliminary work
related to the project, including but not restricted to pre'liminar,% surveys
and r-�Pnrts, laLwatory work, soil investigations, preparation of plans,
designs, and advertising. "Construction engineering" as used herein includes
actual insnection and supervision of construction work, construction staking,
laboratory and field testing, field reports and records, estimates, fitial rcports,
and allowable expenses of employees engaged in such activities.
2. Preliminary and construction engineering costs included in the Pstimate
c-ntained in Exhibit A are eligible project costs. STATE reimbursement to
L6CAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY
inclumog compensation and expense, of personnel working on the project,
required materials, and automotive expensa provided, however, that LOCAL AGE14CY
shall contribute its general adiiinistrative and overhead expense.
ARTICLE IV - 14iscellaneaus Provisions
I . If STATE is namEd as a defendant in any suit arising from the constrLICtion,
maintenance or operation of the project, LOCAL AGENCY will , at request of STATE,
assume full responsibility for the conduct of th-C defense or will provide such
assistance as STATE will require, and will pay any judgements issued ageinst
STATE and all costs in --onnection with the defensc. STATE reserves the right
to r�_present itself in any litigation in which STATE'S interests are at stake.
2. LOCAL AGENCY shall maintain an �Iccurate and detaiied record of costs for
this project. Stich records shall be retained and made available to STATE'S
c .. 'tors for examination for a minimum period of three years froni date of
final payment of expenditures from Bicyclr Lane Account.
3. Upon acceptance of the cornoleted project by the awarding authority, ar
upon the contractor's being relieved of the duty o-.' maintaining and protecting
certain portions of the %qorl, LOCAL AGENCY sh,ill assurmz! responsibility for main-
taining the project.
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4. Minor changes may be viade in the project as describc-d in Exhibit A upon
notice to STATE. No major change, however, may be made in said project except
pursuanL to an amendment to this agreement duly executed by STATE and LOCAL AGENCY.
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FAIR EMPLOYMEOT PRACTICES AMENDOM
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1. In the performance of this contract, the Contractor will not discri-
minate against any employee or applicant for employment because of race, sex,
color, religion, ancestry, or national origin. The Contractor will take
affirmative action to ensurr that applicants are employed, and that employees
are treated during employment, without regard to their race, sex, color,
religion, ancestry, or nati3iial 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 othei formr of compensation; and selection for training, including apprenti-
cesnip. The Contractor shall post ii, conspicuous places, available to employees
and applicatits for employment, notices to bp provided by the State settinq
forth the provisions of this Fair Emplo)7nL.. Practices section.
2. The Contractor will. permit access to his records of employment,
employment advertisements, application forms, and othE,' pertinent oata and
records by the State Fair Employment Practice Commission, or any other agency
of the State of California designated by the awarding authority, for the pur-
poses of investigation to ascertain compliance with the Fair Employment
Practices section of this contract.
3. Remedies for Willfiil Violation:
(a) The State May determine a willful violation of the Fair
Employment Practices provision to have orcured upon receipt
of a fi-nal judgement having that effect frcm a court in an
action to which Contractor was a party, or upon receipt of a
written notice from the Fair Employment Practices Commission
thp.t it has investinated and determined that the Contractor
has violated the Fair Empioyment Practice:; Act and has issued
an order, under Labor Code Section 1426, jqhich has become
final, or obtained an injunction under Labor Code Section
1429.
(b) For willful violation of this Fair Employment Practices
pr I
rovision, t'ie State shall have tha right to terminate' this
contract either iq whol,? or in part, and any loss or damage
sustained by the State in securing the goods or services here-
under shall L- borne and paid for by the Contractor and by
his surety una.i- the performance bond, if any, and the State
may deduct frow any moneys due or that thereafter may become
due to the Con't-Tact3t , the diffirence between the pr-',ce na:-,a:J
in the contract and the actual cost thereof to the State.
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