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HomeMy WebLinkAboutBicycle Lane Account Project - State of California - 1974 City & State No. 12-74 B/P_ 7� ��R � �� �� ��� �w `s s e LOCAL.. AGENCY STATE AGREEMENr NO. 12-74 BLA a BICYCLE LANE ACCOUNT PROJECT 04 City of Cu erti o Df-s trict LocalAgency PROJECT NUMBER 73-74 FISCAL YEAR ALLOCATION THIS AGREEMENT, made in duplicate this 6th day of My -, 19 7''_, by and between the City of CuDert i na hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Division of' Highways of the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH WHEREAS, as provided by Section 2106(b) aad Sections 237C through 2375 of the Streets and Highways Gode, as implemented by regulations in 'title 219 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 "All 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, NOW, THEREFORE, the parties agroe as follows: ARTICLE I — Project Administration 1 . The project or projects described in Exhibit "A", here— inafter referred to as "PROJECT''', shall be constructed as pro— vided in this agreement . 2. The design standards to which PROJECT is constructed shall conform to those contained in the application for funds filed with the State together with any supplements thereto. 3 . Construction shall be performed by LOCAL AGENCY in accord— ance with the laws applicable to LOCAL AGENCY. 4 . The estimated cost of PROJECT is E.s shown in Exhibit "A" hereto . LOCAL AGENCY Tray, at its option, award a contract for an amount in excess of said estimate, and project expenditures may exceed said estimate if sufficient local funds are available to finance the excess. It is understood, however, that the allo— cation of Bicycle Lane Account funds will remain as shown in Exhibit "A". ti 5 . In the event the estimated cost of PROJECT decreases 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 participation. 6. STATE shall pay to the LOCAL AGENCY, upon receipt of a written request for payment, the Bicycle Lane Account share of the cost of PROJECT within thirty (30) days of LOCAL AGENCY'S sub— mittal of a copy of contract award document or day labor work order. 7. If PROJECT is a cooperau. a project and includes work on a state highway, it shall be the subject of a separate cooperative agreement between the STATE and LOCAL AGENCY.. —2— costs may be included as a participating item of total PROJECT costs. 2. The furnishing of rights of way as provided for herein it.cludes in addition to a'_1 real property required for the improvement, free and clear of obstructions 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 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 avail- able 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 prac- ticable no person lawfully occupying real property shall be re- quired 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 re- stricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction engineering" as used herein includes actual inspec- tion and supervision of construction work, construction staking, 8. The Legislature of the State of California, and the Governor of the State of California, each within their respec— t. .ve jurisdictions, have prescribed certain employment practices with respect to contract and other WO!" c 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 AGE14CY for performance of work connected with the PROJECT shall incorporate Exhibit "B" attached hereto. 9. All costs charged to PROJECT but ruled ineligible as not being par'; of the work contributing to the increased capacity or safety of a highway shall be paid by LOCAL AGENCY and not deemed part of the project. 10. "Within ninety (90) days after completion of all work under the agreement, the LOCAL AGENCY shall prepare and file with STATE four copies of a final report of expenditures on the project. " Any unused Bicycle Lane Account funds as determined by statutory limits of participation shall be refunded to STATE for redeposit in the Bicycle Lane Account. Should LOCAL AGENCY fail to pay monies due STATE within thirty (30) days of demand, STATE, acting through State Controller, may withhold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Account . ARTICLE II — Rights of Way 1 . Such rights of way as are necessary for the construction of PROJECT shall be furnished by Lt?CAL AGENCY. Right of way _3 laboratory and field testing, fieli reports and records, esti— mates, final reports, and allowable expenses of employees engaged in such activities. 2 . Preliminary engineering cos. shall not be included in the project cost . 3. Construction engineering costs included in the estimate contained in Exhibit "A" may be financed with project funds. ARTICLE IV — Miscellaneous Provisions 1 . LOCAL AGENCY agrees that project construction will start within one year. 2 . If STATE is named as a defendant in any suit arisfng from the construction, maintenance or operation of 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 . LOCAL AGENCY shall maintain 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 report of expenditures submitted to STATE. 4 . Upor. acceptance of the completed project by the awarding authority, o.• upon the: contractor's being relieved of the duty of maintainr. ;g and protecting certain portions of the work LOCAL AGENCY shall assume responsibility for maintaining-the project . —5— IN WITNESS WHEREOF, -the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA City of aus rtlown Department of Transportation Division of Highway; By 1t yor, Cit of Cupertino R. J. DATEL State Highv_Ay Engineer s By Ghie ire 'of Local Assistance Approval Recommended: i' ATTEST: Title: 1tY Cleric Leputy District Transportation Director APPRO"'D AS TO (ORM ANI) PROCEDURE A1TOt?t11� )'DE7PrMljW�NSPORTATIOX -6- 12-74 BIA Exhibit "A" CITY OF CUPERTINO ARTICLE V - Project Location and Description of Work Proposed: Location: In the City of Cupertino on Stevens Creek Boulevard from Stelling to East City Limits. Net Length: 10,400 feet Description of Work: Contiguous bicycle paths are tc be constructed by signing and striping. ARTICLE - Proposed Project Funding : Cost: $4,000.00 Financing: Federal Funds (if anv) 0.00 Local Agency Funds 2,964. 52 Bicycle Lane Account Funds 1,035.48 i a�a fibit u .�.... ..............mute.. ....._.. ....... P.fi. FAITS EMPLOYMENT PRACTiCES ADDENDUM 1. In the performance of this contract. the Contractor will not discrimi- nate against any employee or applicant for employment hecause of race, sox, color, religion, ancestry, or national origin. The Contractor will take affirm- ative action to ensure that applicenta 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; recruitstent or recruitment advertising;layoff or termination;rates of pay or other farms of compensation; and selection for training, including apprenticeship. The f Contractor shall post in conspicuous places, available to employees and applicants for employment,notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisoments,application forms,and ether pertinent data and records by the Stagy Fair Employment Practice 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 Em- ployment Practices section of this contract. 8. Remedies for Willful Violation: (a) The State may determine a willful violatica of the Fair Employ- ment Practices 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. Practices Commission that it has in- vestigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provi- sion, the State shall have the right to terminate this eot►tract either in whole or in part, and any Ices or damage sustainiW by the State in securing the goods or services hereunder shall be horse and ;#aid for by the Contractor and by his sitrety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contract, the difference between the price named in the contract and the actual cost thereof to the State. IlORM M4c-7 Rev. V72 0 i "Th— contractor shall comply with the Presidential Executive Order No. 11627, dated October 15, 19719 and all guidelines, rules, and regulations of the Cost of Living Council, Pay Board and Price Com— mission imply►usnting it. The contractor warrants that no gages, prices or salaries to be paid under this contract will be in excess of the maximum legally allowable pursuant to the fore— going order, rules and regulations." t RESOLUTION NO. 5657 A RESOX-MON OF M CITY COLICIL OF THE CITY OF CUPERTINO ALMR)MING (EXECUTION OF LOCAL AGENCY STATE . AGREEMENT W. 12-74 BLA, BICYCLE LANE ACCOUNT PROJECT WHEREAS, Senate Bill 36 provides funds for bicycle facility construc- tion to be administered thrcugh the Department of Transportation; and MMEAS, the City of Cupertino has applied for such funds; and WHEREAS, there has been presented to the City Council a cooperative agreement betkeen the State of Californ.i.a, Departnent of Transportation, and the City of Cupertino for the utilization of such funds, and the terms and provisions of said agreement have been approved by the Director cf Public Vorks and the City Attorney; NOV, T"r?EUFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute said agreement herein referred to in behalf of the City of Cupertino. PASSED A_ D rL�PIE.) at a regular meeting of the City Council of the City of Cupertino this 6th day of May 1974, by the follo:-ing vote: Vote Mc—_bers of the City Council AYES: Frolich, Jackson, Meyers, Nellis, Sparks NOES: None ABM TT: None ABSTAIN: None APPROVFD: • /s/ Reed Sparks Mayor, City of Cupertino ATTEST: /s/ 'rim. E. Ryder City Clerk I .' Y EDP BROWN JR. r.0.an IM,NNOQN!! >� cA lbi3� May 5, '1975 12-74 BLA Bicycle Lane Account • CRY OF CUPS IVC Mr. Bert Viskovich Matic WOR'3 Director of Public Works � . 10300 Torre Avenue I'T'.Y 8 Cupertino, CA 95014 FECEIVE0 Dear Air. Viskovich: Attaca:Pd are four copies of Revision #1, City of Cupertino's Local Agency/State Agreement No. 12-74 BLA. After execution, please return three copies of the Agreement along with three copies of the authorizing resolution to our office. The date of execution should be entered in the space provided on the first page of the Agreement. ' Very truly yours, T. R. LAMMERS District Director By G. STAN MAGOW Asst. City & County Liaison Engineer Attaca>ftents I�i s 3'uns 3, 1975 ft. T.R. Ltamare State of California t of Trantporta$Ion P.O. Sam 7885 Simon Amex Sm Francisco, Calif. 94120 r Enclosed are three (3) mecuted coplan of the Local Agency Agremout No. 12-74 EIA botween the City and the State; also enclosed are three (3) certified copies of Rasolution No. 3930. E UJM PAW DEPOT CITY CLEM or uncle. it" 31 1973 W. 4.1 . State of Calif Depuremat of Transportation P.O. Ism 7885 San r rmeiwo, Calif. 94120 Enclosed are three (3) mocuted copifas of the Local Agency Agxee t No. 12-74 81A between the City and the State; also enclosed are t?*,ree (3) certified capies of Resolution No. 3930. t 1 PAM=p Y DZMM VnT cLux or earl®. �y 3� .k •: � �'',.�, ; �psi�, ��@'i5" °FS' r� �` ,r ':•S"'rfl e. .,�. e r.�L �a. - ,� � - M.c i ABC LOCAL AGENCY STATE AGREEMENT NO. 12-7 ELA Revision 1 BICYCLE LANE ACCOUNT PROJECT 04 CITY OF CUPERTINO S< District Local Agency PROJECT NUMBER 75-76 FISCAL YEAR ALLOCATION THIS AGREEMENT, -jade in duplicate this d&®'jay of �y ~ a 19 75 ; by and between the CITY OF CUPERTINO o hereinaffter referred to as "LOCAL AGENCY" - and the State of California, acting by and through the Division of Highways of the Department of Transportation, hereinafter referred to as "STATE" WITNE3SETH WHEREAS, as provided by Section 2106(b) and Sections 2370 through 2375 of the Streets and Highways Code, as implemented by regu .ations in Title 21, Ciapter 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., NOW, THEREFORE, the parties agree as follows DH—OLA—BLA(3-75 ) i � 0 ARTICLE I - Project Adu1nistration 1. - The project or projects described in Exhibit A, here- inafter ­,ferred to as 19PR4.JECT1', shall be constructed as pro- vided in this agreement.. 2. The design standards to which PROJECT is constructed Y shall conform to those contained in the application for funds filed with the State together with any supplements thereto. 3 . Construction shall be performed by LOCAL AGENCY in accord- ance with the laws applicable to LOCAL AGENCY. 4. The estimated cost of PROJECT is as shown in Exhibit A hereto. LOCAL AGENCY may, at its option, award a contract for an amount in excess of said estimate, and project expenditures may exceed said estimate if sufficient local funds are available to finance the excess. It is understood, however, that the allo- cation of Bicycle Lane Account funds will remain as shown in Exhibit A. 5. In the event the estimated cost of PROJECT decreases 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 participa ;.-ion. 6. STATE shall pay to the LOCAL AGENCY, upon receipt of a written request for payment, the Bicycle Lane Account- share of the cost of PROJECT within thirty (30) days of LOCAL AGENCY'S sub- mittal of a copy of contract award document or day labor work order. STATE may at its option declare this agreement void if nc Contract or day labor work order has been executed by LOCAL AGENCY by December 31 of the year in which the allocation of funds is offered. -2- DH-OLA-BLA(3O75 ) .e 7. If 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. S. The Legislature of the State of California, and the Governor of the State of California, each within their respec— tive 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. 9. All costs charged to PROJECT but ruled ineligible as not being part of the work contributing to the increased capacity or safety of a highway shall be paid by LOCAL AGENCY and not deemed part of the project. 10. Within ninety (90) days after completion of a. 1 work under the agreement, the LOCAL AGENCY shall prepare am file with STATE four copies of a final report of expenditures on the project. / Any unused Bicycle Lane Account funds as determined by statutory limits of participation shall be refunded to STATE for redeposit in the Bicycle Lane Account. Should LOCAL AGENCY fail to pay monies due STATE within 'thirty (30) days of demand, STATE, acting through State Controller, may withhold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Account. —3— DH--OLA—BLA(3-75 ) .+' `ems � ° •r* ARTICLE II - Rights of Nay k 1. Such rights of way as are necessary for the ccnstruction of PROJECT shall be furnished by LOCAL AGENCY. Right rif gray costs may be included as a participating item of total PROJECT costs. 2. 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 obstructions and encumbrances, the payment of damages to real property not actually taker but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its 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 avail- able 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 nonpr3fit organization, relocation payments and services will be provided in compliance with the applica')le State laws. The public will be adequately informed of the relocation payments and �! services which will. be available and to the greatest extent prac- ticable no person lawfully occupying real property shall be re- quired 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 re- stricted to preliminary surveys and reports, laboratory work, soil -4- DH-OLA-BLA(3-75 ) P. investigations, preparation of plans, 4esigns, and advertising. "Construction engineering" as used herein includes actual inspec- tion and supervision of construction work, construction staking, laboratory and field testing, field reports and records, esti- mates, final reports, and allowable expenses of employees engaged in such activiti s. 2. Preliminary engineering costs shall not be included in the project cost. 3. Construction engineering costs included in the estimate contained in Exhibit A may be financed with project funds. ARTICLE IY - Miscellaneous Provisions LOCAL AGENCY agrees that project construction will start before the end of the calendar year in which the allocation of funds is offered. 2. If STATE is named as a defendant in any suit arising from the construction, maintenance or operation of 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 a�; stake. 3 . LOCAL AGENCY shall maintain accurate and detailed record of costs for this project. Such records shall be retained anu made available to STATES auditc7s for examination for a minimum period of three- years from date of final report of expenditures submitted to STATE. -5- DH-OLA-BLA(3-75 ) 4, Upon acceptance of the completed project by the awarding authority, or upon the contractors being relieved of the duty of maintaining and protecting certain portions of the work LOCAL AGENCY shall assume responsibility fur maintaining the PROJECT. 5. 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 e.ccept pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. i o� DH--OLA-BLA(3-75 ) 0 IN WITNESS WMEOF® the parties have executed this agreement by their duly authorised officers. STATE OF CALIFORNIA CITY OF CUPE'HTINO Department of Transportation Division of Highways B H EI NZ HEC KEROTH Assistant Director, Highways By Chief, 0 ice of al Assistance Approval Recommended: Attest :, Title �' .�����-C-cam....-'1-✓ Dewt9 District Transportation Director on DH—OL A—BLA(3—75 ) EXHIBIT A Local Agency: CITY OF CUP INO BLA 12-7 B Revision 1 - April 20, 1975 ARTICLE V - Project Location and Description of Work Proposed: Location: In the City of Cupertino from Stelling Road to the east City limits via Pepper Tree Lane, Bonny Drive, Shelly Drive, Terry Way, Rodrigues Avenue, Blaney Avenue and Stevens Creek Boulevard. Net Length: 17,000 feet Description of Work: Contiguous bicycle paths are to be constructed by signing and striping. ARTICLE VI - Proposed Project Funding: Cost : $ 4,000.00 Financing: Federal Funds $ -0- Local Agency Funds $ 2,964.52 Bicycle Lane Account Funds $ 1,035.48 DH--JLA-BLA(3-75 ) �e EXHIBIT B $p. FAIR ]&MPI,OYMENT PRACTTCF.S ADDMgWM 1. In the performance of this contract, the Contractor will not discr--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 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 pay or other forms of compensation; and selection for training, in- cluding apprenticeship. The Contractor shall post in conspicu- ous places, available to employees and applicants for employment, notices to be provided b� the State setting forth the provisions of this Fair Employment Practices 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 Practice Commission, or any other agency of the State of Cali- fornia designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.: 3 . Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have oc- curred upon receipt of a final judgement '.laving that effect from a court in an action to which Contractor was a party, or upon receipt cf a sxit- ten notice from the Fair Employment Practices Commission that it has investigated and detemmined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor God.e Section 1426, which has become final, or obtained an injunction under Labor Cede Section 1429. (h) For willful violation of this Fair employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or service, 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. DH-OLA-BLA(:3-75 ) 0 RESOLUTION NO. 3930 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF LOCAL AGENCY STATE. AGREEMENT NO. 12-74 BLA, REVISION 1, BICYCLE LANE ACCOUNT PROJECT WHEREAS, the City on }flay 6, 1974, executed Agreement No. 12-74 that showed Stevens Creek Boulevard from Stell.ing Road to the east City limits as a bicycle route for utilizat.ion of funds administered through the Department of Transpor- tation; and WHEREAS, subsequently the route was changed to Ste]ling Road to the east City limits via Pepper.tree Lane, Bonny Drive , Shelly Drive, Terry Way, Rodrigues Avenue, xlaney Avenue, and Stevens Creek Boulevard; and WHEREAS, a revised agreement reflect4ng said change has been presented to the City Council; NOW, THEREFORE, BE iT P.£SOI.VrL) that tie- Mayor and the City Clerk are hereby ,authorized to execute said rev.;.sc:d agreeE:-icnt herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regutar of the: City Council of the City of Cu)certino thin 2 t_ day of Ma.y_ 1975, by the following vote: Vote 1.4;ef,,bers of the City CoU_:cil AYES: Frolich, Meyers, Nellis, Jackson NOES: None ABSENT: Sparks ABSTAI None APPROVED: /s/ Tames E. Jackson Mayor, City of Cupertino • ATTEST: /s/ 'Wm. E. Ryder City Clerk