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1998-0301_CALIF DEPT OF TRANSPORTATION_AgreementLOCAL AGENCY -STATE AGREEMENT BICYCLE LANE ACCOUNT PROJECT CITY OF SAN JUAN CAPISTRANO AGREEMENT NO. B.L.A. NO. 7-88 istrict Loca gency THIS AGREEMENT, made in duplicate this day of , 19_, by and between the CITY OF SAN JUAN CAPISTRANO 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 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. Except as provided herein and in Exhibit N/A "Special Covenants", construc- tion 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, and award and administer the contract including inspection of work performed and pay- ments to the contractor as the same becomes due. 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. 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 construc- tion of the project has not heen 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. 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. -2- 0 0 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 reloca- tion 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 "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. 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. 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. Upon acceptance of the completed project by the awarding authority, or upon the contractor's being relieved of the duty of maintaining and pro- tecting certain portions of the work LOCAL AGENCY shall assume responsi- bility for maintaining the project. 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. 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. -3- IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA CITY OF SAN JUAN CAPISTRANO Department of Transportation LOCAL E Cy ROBERT O. WATKINS, Chief By Division of Local Streets Anthony L land and Roads Title hla By gene Malle te, Chief ffice of Program Management Approval Recommended: U,,M District Director of Transportation Date March 1. 1988 Attest Ti Mary Ann Hanover, City Clerk Approved as to Form: Joh Shaw, City Attorney . , r EXHIBIT A • Local Agency: CITY OF SAN JUAN CAPISTRANO Agreement NO-B.L.A. NO, 7-8f ARTICLE V - Project Location and Description of Work Proposed: Location: IN THE CITY OF SAN JUAN CAPISTRANO ON NORTH LEVEE-TRABUCO CREEK FROM CAMINO CAPISTRANO EASTERLY UNDER THE FREEWAY TO RANCHO VIEJO ROAD. Description of Work: CONSTRUCT A CL -1 BIKEWAY BY PLACING AGGREGATE BASE, GRADE AND PAVE WITH A.C., MODIFY DRAINAGE, PLACE SIGNS AND STRIPING. Net Length: 0.25 MILE ARTICLE VI - Proposed Project Funding: Cost: Total $38,500 Financing: Total Local Agency $ 3,850 Bicycle Lane Account Percent Funding by Bicycle Lane Account $34,650 90.0 % a 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, with- out regard to their race, sex, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the follow- ing: 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 apprenti- ceship. 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 may determine a willful violation of the Fair Employment and Housing provision to have occurred 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 written notice from the Fair Employment and Housing Commission that it has in- vestigated 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 or 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 there- after 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. 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No. 88-3-1-1, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of March, 1988. (SEAL) ARY AN HANOVER, City Clerk San Juan Capistrano, California DATED: THIS 3rd day of March, 1988.