HomeMy WebLinkAbout1994-144
.
-,
1
2
94-144
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF LOCAL AGENCY-STATE
3 AGREEMENT NO. B.L.A. 10-94, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
4 TRANSPORTATION, RELATING TO THE CONSTRUCTION OF BICYCLE LANES ON
UNIVERSITY PARKWAY AND NORTH PARK BOULEVARD, BETWEEN STATEIVARSITY
5 STREET AND ELECTRIC AVENUE.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8
SECTION ONE: The Mayor of the City of San Bernardino is
hereby
9
10
11
authorized
in
said
City,
Local
behalf
of
to
execute,
Agency-Sta te Agreement No. B. L. A.
10-94 of Bicycle Lane Account
Project, between said City and the State of California, acting by
and through its Department of Transportation, relating to con-
12
13
14
struction of bicycle lanes on University Parkway and Northpark
Boulevard,
between StatelVarsity Street and Electric Avenue, a
copy of which is attached hereto marked Exhibit "I" and
15
incorporated herein by reference as fully as though set forth at
16
17
length herein.
SECTION TWO:
The agreement shall not take effect until
18
19
20
21
22
23
24
fully signed and executed by all parties.
The City shall not be
is
fully
until
the
and
agreement
obligated
hereunder
unless
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION THREE:
The authorization to execute the above
referenced agreement is rescinded if the parties to the agreement
fail to execute
25
resolution.
26
27 I I I I
28 I I I I
5-16-94
it within ninety (90) days of the passage of this
Res
94-144
RESO:
AUTHORIZING EXECUTION OF
CONSTRUCTION OF BICYCLE LANES.
AGREEMENT
RELATIV):':
TO
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 20th day of June
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
15
regular
meeting thereof, held on the
, 1994, by the following vote, to-wit:
ABSENT
AYES
NAYS
ABSTAIN
x
x
x
x
x
x
x
()~ CW-k.
~el Clark, City Clerk
16
day of June , 1994.
17
18
19
20 Approved as to form
and legal content:
21 James F. Penman
22 City Attorney
23
24
25
26
27
28
- 2 -
The foregoing resolution is hereby approved this 21st
--;;;;;-lJt/~
I Tom Minor, Mayor
Ci ty of San Bernardino
94 144
1
2
3
4
5
6
7
8
9
Ie
II
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
~.,
~,
28
n ___JI
, STATE OF CALIFORNIA
I COUNTY OF SAN BERNARDINO SS
I CITY OF SAN BERNARDINO
I I, RACBEL CLAllK , C.:..ty C:er.V:: ':"':1 ana :or ':~e City of San
i Bernardino DO HEREBY CERTIFY :hac :he :orego~ng and attached
! copy of San Bernardino C::.ty Resolut:.on ::0. 94-144 is a
~fUll. true and correcc sop!, of :hac ~ow on f::.le :.n this office.
IN WITNESS WHEREOF. : h~ve ~ereunco set ~y hand and affixed
the official seal of the C::.ty of San Bernardino this 21st
day of June ~9 94
"
let.' _, /L--
r ."
',:/' ,-,! /~-
City Clerk
3y:
"~.i~,-
/
.0 ~~ /,,?L C/-1
J-
" (0"' ~_~.'./
Bea Cortes, Deputy
II
",,',
,"
Res 94-144
ORIGINA!
.
LOCAL AGENCY-STATE AGREEMENT
BICYCLE LANE ACCOUNT PROJECT
08
District
Citv of San Bernardino
Local Agency
AGREEMENT NO. B.LA 10-94
THIS AGREEMENT, made in duplicate this 2/ (, -r dayof----1'UNE ,19 CfL/
by and between the C. I TV 0 F- 5HAI R F;e.N.II1f?- .biN tJ 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 890 through 894.2 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 - ~roject 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 NIA "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 Chapter 1000 established by STATE.
1
,'"
.. .
Res 94-144
ORIGH,IA;
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 Califomia Bicycle Transportation
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 Califomia, and the Govemor of the State of
Califomia, 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
" .
Res 94-144
ORIOlt-lAL
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.
3
".
Res 94-144
O~:lnn"'L^'!
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.
6. Nothing in the provisions of this agreement is intended to create duties or
obligations to or rights in third parties not parties to this agreement or affect
the legal liability of either party to this agreement by imposing any standard
of care different than the standard of care imposed by law.
7. It is understood and agreed that neither the STATE nor any ofits officers or
employees is responsible for any damage or liability occurring by reason of
anything done or omitted to be done in connection with the project. It is
understood and agreed that pursuant to Government Code section 895.4
LOCAL AGENCY shall defend, indemnify and save harmless the STATE,
all officers and employees from all claims, suits or actions of every name,
kind and description brought forth, or on account of, injuries to or death of
any person including but not limited to workmen and the public, or damage
to property arising out of or in any way connected to the project or the
completed facility.
8. With respect to third party claims against LOCAL AGENCY arising out of
or in any way connected to the project or the completed facility, LOCAL
AGENCY waives any and all rights to any type of express, implied or
comparative indemnity against the STATE, its officers or employees.
4
, ".
Res 94-144
ORiGINAL
IN WITNESS WHEREOF, the parties have executed this agreement by their duly
authorized officers.
STATE OF CALIFORNIA
Department of Transportation
City of San Bernardino
LOCAL AG~EN y^
~_'k.~
I
BOB EVERI'IT, Chief
Office of Local Programs
By:
~~
Jim Smith f
Program Management Branch
Office of Local Programs
Title Mavor
Date 6/21/94
Attes~ ~
Rae e1 Clark,
City Clerk
Approval Recommended:
Approved as to form
and legal content:
/1:7/ /~-
(/.::::.{v .___-2 ~
~/ District Director of Transportation
JAMES F. PENMAN
City Attorney
:;4/H~~
~ ' '" ~,rtily upon my own personal knowledge that budgeted fund. are ava~obk for thi, cnrumbra"" I
'I 'dtk ~a.uQ~.J AccounlingOflicer _ /4. 9~ '. -~_4:.1 tDOO J
UlAP-re/!. ST"'~~~ n",ol Year Program Be Calegory, - . I
I 55'r3-'ri~i,o.-:1..9L:.Q:45 22 0 r 't.,7,t;oo"
----_1
5
Res 94-144
ORiGINAL
EXHIBIT A
Local Agency: City of San Bernardino
Agreement No. B.LA 10-94
ARTICLE V - Project Location and Description of Work Proposed:
Location: In the City of San Bernardino, on University Parkway and on
Northpark Boulevard, between State Street and Electric Avenue.
Description of Work: Construct CL-2 and CL-3 Bikeway by excavation, aggregate
base, grade and pave with A.C., sand-blasting existing
striping, signing and striping.
Net Length: 3.2 miles
ARTICLE VI - Proposed Project Funding:
Cost:
Total
$79.530
Financing:
Total
Local Agency
_$11.930
Bicycle Lane
Account
$67.600
Percent Funding
by Bicycle Lane
Account
85%
6
------------------
.
, '
..
....,
Res 94-144
l'"""'""I N .i
\/~iV I'j"l.l
EXHIBIT B
FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM
1. In the performance of the 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 payor 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 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.
7