HomeMy WebLinkAboutResolutions - No. 4446RESOLUTION NO. 4446
RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE STATE OF CALIFORNIA AND THE CITY OF LODI
COVERING THE CITY'S PROPOSED FEDERAL AID
URBAN PROJECTS.
BE IT RESOLVED that the City Council of the City of Lodi
does hereby approve the Agreement between the State of California
and the City of Lodi covering the City's proposed Federal Aid
Urban projects attached hereto, marked Exhibit "A" and by
reference made a part hereof.
NOW-, THEREFORE, BE IT FURTHER RESOLVED that
the City Council of the City of Lodi does hereby authorize the
Mayor to execute said Agreement on behalf of the City.
Dated: December 21, I977
I hereby certify that Resolution No. 4446 was passed
and adopted by the City Council of the City of Lodi at
a regular meeting held December 21, 1977 by the
following vote:
Ayes : Councilmen - Ehrhardt, Hughes, Katzakian,
Pinkerton and Katnich
Noes: Councilmen - None
Absent: Councilmen -. None
ALICE MQ REIMCHE
CITY CLERK
4446
STATE CF CAOFORNIA—BUSINESS AND TRANSPORTATION AGENCY
DEPARTMENT (' TRANSPORTATION
P. O. BOX 2048 (1976 1— CHARTER WAY)
STOCKTON, CALIFORNIA 95201
December 15, 1977
Mr. J a c k L. Ronsko
Director of Public Works
City of Lodi
221 West Pine Street
Lodi, CA 95240
Dear Mr. Ronsko:
EDMUND Q BROWN JR, Governor
10 -SJ -12 16.4
FAU M -Y311(1)
I n Lodi on Kettleman
Lane at Ham Lane
Attached in duplicate is Program Supplement No. 2 to Local
Agency -State Agreement No. 5154.
Please execute this supplement and return STATE's COPY
with the authorizing resolution. Please fill in the date of
execution in appropriate space.
Attach.
Very truly yours, ,
ME G. SASENBERY, P.E
D i st r i ct Local Assistan
Engineer
(209) 948-7947
RECEIVED
C i ;D 1977
CITY OF LODI
PUBLIG V109:[S DEPARTMENT
L( 1 Agency City of Lodi
Dame Decen:be v,l�","/
Supplement, ,io.
To Local ASencv-State
Agreement N o . 5.15L
PROGRAM'
GE
L=L ParicY FEmRAL AID Lei SYSTEMM PROJECTS
IN RiE
Cit;r of Lodi
Local Agerc-g
Pursuant to the Federal Aid for Urban Systems Acts, the
attached "Program" of Federal Aid Urban System Projects marked
"Exhibit B" is hereby incorporated in that Master Agreenent
for the Federal -Aid Program which was entered into between the
above named LOCAL AGENCY and the STATE 04mD*mtnber 2 1, 1977 ,
and is subject to all of the terms and conditions thereof.
The subject program is adopted in accordance with Paragraph 2 (�
of Article 11 of the aforementinn d agreement under authority of
City Resolution No. �'- approved by the City Council/ �
on �c`�► _ . _99_'i{See copy attached).
Citv of Lodi
Local Agency
$y
t e '
Approved for State Attest:)
Clerk
'00�
Deprict D rector of Transpaztation
District .
Department of Transportation
Form DH -OLA -411
P P,OG RAI
OF
FEDm& AID URBAN Sysnm PrDJECTS
Date: December b, 1977 PROGRAM SUPPLEMENT N0. : 2
row? ct 1. - ocatton & Descri tion
M -Y3? l( 1) In San Joaquin Count
in Lodi on Kettleman
Lane at Ham Lane
Traffic Signal and
Lighting
TOTAL
otal Cost Est. Federal Funds
PR JMINARY ENGINEERING
$11,000 0
CONSTRUCTION
$98, 500 $819755
$1099500 $81,755
EXITIBIT B
Local Agency: City of Lodi
MatchingFunds*
S r___�_r P � Z
5, 500
;8t372-50
$5,500
$82372-50
Up 872.50 $13r872-50
*Local Agency Funds
unless otherwise
specified
-�peciaf Lovenants or Remarks: 1 All maintenance; invo I _
of tho improvements, referred to in Article VI MAINTENANCE off the aforementioned Master Agreement
w i 1 1 be performed by the State at regular intervals or as required for efficient operation of the
completed improvements,
Wt -OLA -411
City of Lodi
Program Supplement No, 2
December 6, 1977
Page 2
2. The State will prepare PS&E, advertise, avrard, and adiiii,ni,ster the contract and
pay the Contractor on this project.
3. The actual funds for the project will be se -t up on the basis of contract prices
after the bids for the work have been opened. In awarding, or agreeing to award
the contract, the city agrees to use mar:i>nutn Federal funds participation and
accepts any increase in Local Agency funds.
4. The availability of Federal funds will be subject to meeting dead.:li.nes and/or
other conditions as iiiay be unposed by the Director. upon the recoilunerfdation of
the FAU Advisory Committee.
5. Tho use of Federal Funds for this project is subject to the project being
selected as part of the FAU Program for San Joaquin County.
LCOL AGBICY STATE AGRFMf
fi
FEDERAL -I ID PM ECTS
10 Sari Joaquin Lodi
District County city
AGREEMENT NO. 5154
PIASTER AGREEMENT
MIS PGFEEVM, made i n duplicate t h i s z I$t day of
December , 19x7, by and between the City of IMI
political subdivision(s) of the State of California hereinafter referred
to as 'LOCAL AGENCY", and the STATE OF CALIFORNIA. acting by and through
the Department of Transportation, herinafter referred to as 'STATE".
WITNESSEM:
WHEREAS, the Congress of the United States has declared it to be
in the national interest for Federal Funds to be expended for highway,
fringe parking, bicycle transportation, pedestrian walkways, and mass
transportation projects; and
WHEREAS, the Legislature of the State of California has enacted
legislation by which certain Federal funds authorized rrar be made
available for use on local transportation facilities i n accordance
with the intent of Federal acts; and
WHEREAS, there exists a compelling need for improvements or
restoration of roads, streets, highways. fringe parking, and public
transportation facilities within the boundaries of LOCAL AGENCY; and
WHEREAS. LOCAL AGENCY and STATE therefore desire to make use of
such Federal funds as mar be made available within the jurisdictional
boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal -aid will be made available for projects,
LOCAL AGENCY and STATE are required to enter into an agreement relative
to prosecution of the said project and maintenance of the completed
facility.
DH -OLA 255 (4-77)
r
l;
Certification Acceptance procedures approved by the FHWA. Such pro-
cedures require the use of Specifications described in the State's
Certification; STATE approval of plans, special provisions and esti-
mated costs prior to advertisement; a certification by LOCAL AGENCY
with respect to the right-of-way; and advertisement for a minimum
of 3 weeks prior to bid opening. The contract w i I I be awarded by
LOCAL AGENCY, i t s agent, or by STATE as may be determined between
the parties prior to each project advertisement.
5. Wien the LfROM3/IENT or RESTORATION includes work to be
performed by a railroad, the contract for such work shall be entered
into by LOCAL AGENCY or by STATE, as parties hereto agree. A con-
tract entered into by LOCAL AGENCY for such work must have prior
approval of STATE I n either event, LOCAL AGENCY shall enter into
an agreement with the railroad providing for maintenance of the pro-
tective devices or other facilities installed under the service
contract.
6. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each improvement. including contracts awarded
by STATE. With prior State approval, surveying, inspection and test-
ing may be performed by a consulting engineer provided an employee of
LOCAL AGENCY i s i n responsible charge.
7. STATE shall exercise general supervision over Federal -aid
improvements and may assume full and direct control over the project
whenever STATE at its sole discretion, shall determine that its
responsibility to the United States so requires. LOCAL AGENCY
contracts shall so stipulate.
ARTICLE III - RIGHTS-OF-WAY
1. No contract for the construction of a Federal -aid IMPROVE-
MENT or RESTORATION project shall be awarded until the necessary
rights-of-way have been secured. Prior to the advertising of a proj-
ect on a local street, LOCAL AGENCY shall certify and upon request
shall furnish STATE with evidence that necessary rights-of-way are
available for construction purposes or w i I I be available by the time
of contract award.
2 LOCAL AGENCY agrees to hold STATE harmless from any lia-
b i I i ty which may result in the event the right-of-way i s not clear
as certified. The furnishing of right-of-way as provided for herein
includes, in addition to all real property required for the improve-
ment free and clear of obstructions and encumbrances affecting the
DH -OLA 255 (4-77) -3-
adjusted by mutual consent of the parties hereto, provided funds are
available to cover increases and provided Federal Highway Administration
concurs i n any increase i n the Federal -aid.
3. Upon submittal by LOCAL AGENCY of a statement ofexpenditures
for Federal -aid improvements, STATE w i I I pay i t s agreed share and if
permitted by State Law w i I I advance an amount equal to the legal pro
rata Federal share of the costs believed to be eligible for participa-
tion with Federal funds or w i I I voucher Federal Highway Administration
for reimbursement.
4 LOCAL AGENCY shall use its own funds to finance the local
share of eligible costs and expenditures ruled ineligible for financ-
ing with Federal funds. STATE shall make preliminary determination
of eligibility for Federal fund financing. Ultimate determination
shall rest with the Federal Highway Administration. Any overpayment
of amounts due shall be returned to STATE upon demand.
5. Hhen any portion of a LOCAL AGENCY project i s performed by
STATE charges therefor shall include assessment on direct labor costs
in accordance with Section 8755.1 of the State Administrative Manual.
The portion of such charges not financed with Federal funds shall be
paid from funds of LOCAL AGENCY.
6. Should LOCAL AGENCY f a i l to pay monies due STATE w i t h i n 30
days of demand or within such other period as may be agreed between
the parties hereto, STATE; acting through State Controller, mar with-
hold an equal amount from future apportionments due LOCAL AGENCY from
the Highway Users Tax Fund.
7. Auditors of STATE and the United States shall be given access
to LOCAL AGENCY's books and records and shall be given such assistance
and infonnation as is requested for the purpose of checkfng costs paid,
or to be paid by STATE hereunder.
ARTICLE V - MOCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect with respect
to any project unless and until said project has been authorized by
the Federal Highway Administration and a Program Supplemental Agree-
ment has been executed.
2 The Congress of the United States. the Legislature of the
State of California, and the Governor of the State of California,
each within their respective jurisdiction, have prescribed certain
employment practices with respect to contract and other work financed
DH -OLA 255 (4-77) -5-
LOCAL AGENCY harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to LOCAL AGENCY under this
agreement.
ARTICLE VI - MAINTENANCE
1. Upon acceptance by the awarding authority of a completed
Federal -aid project or upon the contractor being relieved of the
responsibility for maintaining and protecting a portion of the vvorK
the agency having jurisdiction over the transportation facility
shall maintain the completed work i n a manner satisfactory to the
authorized representatives of the State and the United States. If,
within 90 days after receipt of notice from STATE that a project on
a transportation facility under its jurisdiction or any portion thereof,
is not being properly maintained, LOCAL AGENCY has not satisfactorily
remedied the conditions complained of, the approval of further Federal -
aid projects of LOCAL AGENCY wi 11 be withheld until the project shall
have been put i n a condition of maintenance satisfactory to STATE and
the Federal Highway Administration. The provisions of this section
shall not apply to a transportation facility which has been vacated
through due process of law.
2 The maintenance referred to in paragraph 1 above includes
not only the physical condition of the facility but its operation as
well. Traffic Operations Improvements on local streets shall be main-
tained by an adequate and well-trained staff of traffic engineers and
technicians. Said maintenance staff may be employees of a LOCAL AGENCY,
another unit of government or a consultant under contract with a LOCAL
AGENCY.
DH -OLA 255 (4-77) -7-
IN WITNESS WHEREOF, the parties have executed this agreement by
their duly authorized officers.
STATE OF CAI. I FORN IA
DEPARTMENT OF TRANSPORTATION
DISTRICT_.
Approval Recommended:ci-ty C101(
oca ss stance neer
DH -OLA 255 (4-77) _a_
CITY OF x.nd-f
BY
w
T.
D1IBIT "ftp
NONDISCRIMINATION ASSURAA ES
TheCITY of (hereinafter)
referred o as he RECIPIENT) KERF-BY AUREESTHAT as a condition to
receiving any Federal financial assistance from the California Department
of Transportation, acting for the U. S. Department of Transportation, it
w i l l comply with T i t I e V I of the C i v i I Rights Act o f 1964, 78 Stat. 252,
42 U.S.C. ZOOM -42 U.S.C. 200od-4 thereinafter referred to as the ACT),
and a I I requirements imposed by or pursuant to T i t I e 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination i n Federally -Assisted Programs of
the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the
Federal -aid Highway Act of 1973, and other pertinent directives, to the
end that i n accordance with the ACT, REGULATIONS, and other pertinent
directives, no person i n the United States shall, on the grounds of
race, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the RECIPIENT receives Federal
financial assistance from the Federal Department of Transportation,
HEREBY GIVES ASSURANCE THAT it w i I I promptly take any measures necessary
to effectuate this agreement. This assurance i s required by subsection
21.7(a) (1) of the REWLATIONS.
More specifically and without limiting the above general assurance,
the RECIPIENT hereby gives the following specific assurances with respect
to its Federal -aid Program:
1. That the RECIPIENT agrees that each "program" and each
"facility" as defined i n subsections 21.23 (e) and 21.23 (b) of
the REGULATIONS, w i I I be (with regard to a "program") conducted,
or w i I I be (with regard to a "facility" ) operated i n compliance
with a I I requirements imposed by, or pursuant to, the REGULATIONS.
2 That the RECIPIENT shall insert the following notification
in all solicitations for bids for work or material subject to the
REGULATIONS made i n connection with the Federal -aid Program and,
i n adapted form i n a I I proposals f o r negotiated agreements:
DH -OLA 255 (4-77) -9-
AGREEMENT
(a) the period during which the property is used for a
purpose for which the Federal financial assistance
is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) the period during which the RECIlENr retains own-
ership or possession of the property.
9. The RFCFENT shall provide for such methods of administra-
tion for the program as are found by the U. S. Secretary of Transpor-
tation, or the official to whom he delegates .specific authority, to
give reasonable guarantee that it, other recipients, subgrantees, con-
tractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed by. or pursuant to, the
ACT, the RBaJ-A'IIONS and this assurance.
10, The RECIPENr agrees that the United States and the State
of California have a right to seek judicial enforcement with regard
to any matter arising under the ACT, the RBCIJATM and this
assurance.
THE ASJJW�U_ is given in consideration of and for the purpose
of obtaining any and all Federal grants, loans, contracts, property,
discounts or other Federal financial assistance extended after the
date hereof to the RECFUNr by the California Department of Transpor-
tation, acting for the U. S. Department of Transportation, and is
binding on it, other recipients, subgrantees, contractors. subcon-
tractors, transferees, successors in interest and other participants
in the Federal -aid Highway Program.
DH -OLA 255 (4-77) -11-
A e --
the State highway department shall impose such contract sanctions as it
or the Federal Highway Administration may determine to be appropriate,
including. but not limited to:
(a) withholding of payments to the CONTRACTOR under
the contract until the CONTRACTOR complies; and/or
(b) cancellation, termination or suspension of the
contract, i n whole or i n part.
(6) Incorporation of Provisions: The OONTRAC,`TOR shall include
the provisions ot oaraaraohs (T) through (6) i n every subcontract..
nclud ng procurements -of' materials and leases of equipment, unless
exempt by the REGULATIONS, or directives issued pursuant thereto.
The CCNTRACTOR shall take such action with respect to any subcontract
or procurement as the State highway department or the Federal Highway
Administration mar direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litiga-
tion with a subcontractor or supplier as a result of such direction,
the OONTRAC,`TOR may request the State highrtay department to enter into
such litigations to protect the interests of the State, and, i n addition,
the CONTRPCTOR may request the United States to enter into such litiga-
tion to protect the interests of the United States.
DH -OLA 255 (4-77) -13-
AGREEMENT
EXHBIT 'A"
APPENDIX B
(2) that the RECIPIENT shall use the lands and interests
in lands so conveyed. in compliance with all require-
ments imposed by or pursuant to Title 49. Code of
Federal Regulations, Dep ar trr�en t of Transportation,
Subtitle A. Office of the Secretary, Part 21, Ncxr
discrimination in Federally -assisted programs of
the Department of Transportation - Effectuation of
Title M of the Civil Rights Act of 1964, and as
said Regulations may be amended () and
(3) that in the event of breach of any of the above-
mentioned nondiscrimination conditions. the Department.
of Transportation shall have a right to re-enter said
lands and facilities on said land, and the above de-
scribed land and facilities shall thereon revert to
and vest in and become the absolute property of the
Department of Transportation and its assigns as such
interest existed prior to this deed,*
*Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title \4 of the Civil Rights Act of 1964.
OH -OLA 255 (4-77) -15-
PCIRIHVBNT
EXHIBIT "A„
APPENDIX C
Tte (grantee, licensee. lessee, permittee, etc., as appropriate)
for himself, his personal representatives, successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds, and leases add "as a covenant running
with the land') that:
(I) no person on the ground of race, color, sex, or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise subjected to discrimination in the use of said
faci 1ities,
(2) that i n the construction of any improvements on, over, or
under such land and the furnishing of services thereon, no person
on the ground of race, color, sex, or national origin shall be ex-
cluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc. ) shall
use the premises i n compliance with the Regulations.
(Include i n licenses, leases, permits, etc.)*
That i n the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include i n deeds)*
That i n the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re-enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest i n and become the absolute property
of the RECIPIENT, and its assigns.
* Reverter clause and related language to be used only when it i s
determined that such a clause is necessary i n order to effectuate
the purposes of Title V I of the Civil Rights Act of 1964.
OH -OLA 255 (4-77) -17-
I'al Agency. Cl t of Lodi
L_a naromhpr 5. 1977
Supplement No. 1
To Local Agency -State
Agreernent Na 5154
PROGRMI,
KI
LOCAL AGEf1CY FEnm& AID URBAN SYSTEM PFIDJECTS
IN THE
r'. TTY DF LQDI
Local Agency
Pursuant to the Federal Aid for Urban Systems Acts, the
attached "Program" of Federal Aid Urban System Projects marked
"Exhibit V is hereby incorporated in that Master Agreement
for the Federal -Aid Program which was entered into between the
above named LOCAL AGENCY and the STATE on 12 7,7,9
and is subject to all of the terms and conditions thereof.
The subject program is adopted in accordance with Paragraph 2
of Article II of the aforementioned agreement under authority of
City/ Resolution No. 4446 approved by the City Council/
on December 2I _197 KSee copy attached).
Approved for State
strict irector of Transportation
De lstrict irector of Transportation
District 10
Department Transportation
Form DH-0LA411
0
ni-tv of Lodi
Local Agency [
By
tie MAYO
Attest: J&eJ
"Clerk
TC
Date:December 5, 1977
PR0GRA11
0
PROGRAM SUPPLEMENT NO.: 1
EXHIBIT B
Local Agency: City of Lodi
Project No.
Location & Description
Total Cost Est.
Federal un s
Matching Fmcls*
M -Y305(2)
Cn the City of Lodi,
Ln San Joaquin County,
:)n Lodi Avenue from
100 Feet west of
Lower Sacramento
,ounty road to Cabrill
;ircle.
,onst;ruct Box Culvert
DIONSTRUCTION
ind reconstruct City
7treet
$125,570
$88,300
$37,270
TOTAL
,5M-
T 7 ,
*Local Agency Funds
unless otherwise
specified
Special Covenants
or Remarks: I All ma
itenance, involving
the nhvsical condition
and the operatic
TQM -Y305(2)
Exhibit B
Continued
4. The availability of Federal funds will be subject to meeting deadlines and/or
other conditions as may be imposed by the Director upon the recommendation of
the FAU Advisory Gomrnittee.
5. The use of Federal funds for this project is subject to the project being
selected as part of the FAU Program for San Joaquin County.
I