1985-0402_CALIF DEPT OF TRANSPORTATION_AgreementAPR 191985
LOCAL AGENCY -STATE AGREEMENT
BICYCLE LANE ACCOUNT PROJECT
7 City of San Juan Capistrano AGREEMENT NO. BLA 7-65
District Local Agency
THIS AGREEMENT, made in duplicate this Z� day of A eA:l198; by
and between the city of San Juan Cami no a politicasubdivision of tete
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 NA "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.
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.
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 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.
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.
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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 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
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.
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 pro-
tecting certain portions of the work LOCAL AGENCY shall assume responsi-
bility 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 PSF,E approval by STATE.
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IN WITNESS WHEREOF, the parties have executed this agreement by their duly
authorized officers.
STATE OF CALIFORNIA
Department of Transportation
ROBERT 0. WATKINS, Chief
Office of Local Assistance
By
C. J. Ke Chief
Program Management Branch
Approval Recommended:
(-d)-r-� -,/-13-'�r
District Director of Transportation
G�ereby
Statu'm>
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CITY OF SAN JUANIST O
LOCAL A GY
By
HE JULIAN
Title CITY MA GER
Date APRIL 2. , s5
Attest
XjXle
MARY ANN HANOVER, CITY CLERK
APPROVED AS TO FORM:
JOHN OPAW., CITY ATTORNEY
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EXHIBIT A
Local Agency: City of San Juan Capistrano
0
Agreement No. 7-85
ARTICLE V - Project Location and Description of Work Proposed:
Location: Vereda Bikeway from La Novia Avenue to Avenida Siega
Description of Work: Class z Facility
Net Length:; 1.0 Miles
ARTICLE VI - Proposed Project Funding:
Cost:
Preliminary Construction Construction
Engineering Engineering (By Contract) Signing & Striping
0 - $84,900
Financing:
Preliminary Con
Engineering Eng
Local
Agency $41,600
Bicycle
Lane
Account 0
ion Construction
ng (By Contract)
Percent Funding by
Bicycle Lane Account 40 %
$10,000
$74,900
Total
$126,500
Total
$51,600
$74,900
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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, 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.
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RESOLUTION NO. 85-4-2-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
EXECUTION OF CONTRACT DOCUMENTS FOR SENATE BILL
244 GRANT FUNDS (VEREDA BIKEWAY)
WHEREAS, the City of San Juan Capistrano applied for
Senate Bill 244 Grant Funds which are provided through the
State of California's Bicycle Lane Account for the completion of
the Vereda Bikeway; and,
WHEREAS, the City of San Juan Capistrano was a
successful applicant and has been notified that $74,900 will be
provided for the project; and,
WHEREAS, the State of California requires a resolution
authorizing execution of the local agency -state agreement.
NOW, THEREFORE, BE IT RESOLVED, that:
1. The City of San Juan Capistrano accepts the grant
funds in the amount of $74,900 and agrees to
provide a minimum 108 match.
2. The City of San Juan Capistrano authorizes the
City Manager to execute all necessary documents on
behalf of the City.
PASSED, APPROVED AND ADOPTED this 2nd day of
April 1985
*RYL"HAUSDO ER, MAYOR
ATTEST:
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STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOK 4304, LOS ANGELES 90051 >F"
(213) 620-4404
i I i
SAN
CAPISI
Mr. William D. Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention Tony Foster
Dear Mr. Murphy:
May 6, 1985
BLA 7-85
Class 1 Facility
Vereda Bikeway from
La Novida Avenue to
Avenida La Siega
In reference to the above project, please note the following:
Attached is your copy of the fully executed Cooperative
Agreement.
Prior to advertising or proceeding with construction of
this project, please provide this office with two (2)
copies of your final PS&E with signed plans for our
review and approval. Our written approval is required
before advertising and awarding of this project can be
allowed. You are required to comply with Bikeway Plan-
ning and Design (7-1000).
After completion of project, please provide this office
with your payment request and Department of Finance's
address. We will review the claims in accordance with
the Cooperative Agreement and request for payment.
If you have any question, please call Fred Rabban of my staff at
(213) 620-4404.
Sincerely,
E. SHEARER, Chief
Local Assistance Branch
Attachment