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HomeMy WebLinkAbout1992-04-14; City Council; 11634; PAYMENT TO STATE OF CALIFORNIA FOR ADMINISTRATIVE SERVICES ON AGUA HEDIONDA BRIDGE (PROJECT 3098)1 a w 25 3 % z 0 F 0 a 6 z 3 8 L 47, r L! CITaOF CARLSBAD - AGENW BILL DEPT. t CITY A' AB # - TITLE: PAYMENT TO STATE OF CALIFORNIA MTG. 4/14/92 FOR ADMINISTRATIVE SERVICES ON DEPT. ENG AGUA HEDIONDA BRIDGE (PROJECT 3098) CITY MI REGQMMENDED AGJION; Adopt Resolution No. "la- /O 1 appropriating funds from the General Fund for payment to the State Department of Transportation for project expenditures on Agua Hedionda Bridge. ITEM EXPLANATION: In 1978, the City entered into a Local Agency-State Agreement and obtained Federal Aid Urban (FAU) funds for construction of the Agua Hedionda Bridge and portions of Carlsbad Boulevard (project 3098). The bridge was completed about five years ago with over $2 million in FAU funds used for construction costs. In 1989, the Finance Department transferred $128,344 in remaining state grant funds to the General Fund. In August 1991, the State completed its audit of the project. The State Department of Transportation is now billing the City of Carlsbad $36,969.79 for administrative services which represent the "City's share costs of project expenditures .....p ursuant to Local Agency/State Agreement." Although they regret the delay in the final accounting of the project, the State is insistent that the amount is due. If unpaid, the State Controller will be requested to withhold the funds. Staff recommends that funds be appropriated from the General Fund balance. FISCAL IMPACX The Notice of Completion for the Agua Hedionda Bridge (3098) was approved by Council April 28, 1987. Road construction funds utilized were: !b 000 State Grants $2,065.5 General Capital Construction 466.3 Revenue Sharing 149.8 Gas Tax 16.0 TOTAL $2,697.6 x.- As directed by the Notice of Completion, the remaining unused appropriations of $251,000 from Gas Tax and General Capital Construction funds were transferred to the Carlsbad Boulevard Widening Project (3205). In 1989, remaining funds in the state grant were transferred to the General Fund. The excess grant funds were primarily generated by interest earnings. In 1989, General Fund reserves increased by $128,000 when the state grant funds were closed to the General Fund. This action reduces the General Fund reserves by about $37,000. I I 0 - EXHIBITS: 1. Resolution No. 92 - /@ / expenditure. Invoice from Department of Transportation Department of Transportation letter dated November 6, 1991 Local Agency-State Agreement for Federal-Aid Projects dated November 21, 1978. authorizing the appropriation of funds and 2. 3. 4. 0 . e . -- - -. - .. -- _. v?; i zz3 ~ 7s 71.. ;,. - .^? .j ., : -.. ., .. ._ ) -- - I - '-, - -- --__ , .. I - .- i '- __, --. ., .r '=;Ai- 9 - .> *_I ,, .->L,LL .> 7- -,--- I - -__. . , \>, n 1 '-.-..- L.2 L.l .&...,.:: - _----cc--- . 1 i;r 7--- u @ ?@- 304S/PETE WlLSOb ff - STATE OF CALIFORNIA-BUSINESS, TRANSPORTATI AND HOUSING AGENCY RECEIVIED _-DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING P.O. BOX 942874 wov 12 891 SACRAMENTO, CA 94274-0001 TDD 445-5945 (916)324-9320 MUNICf PA t PROJECTS ~~VlSf ON November 6, 1991 11-SD-0-Cbd BRM-S101(9) 11-955250 Mr. Pat Entezari Project Manager City of Carlsbad Municipal Projects 2075 Las Palmas Drive Carlsbad, CA 92009-1519 Dear Mr. Entezari: In response to your letter dated October 15, 1991, the The final voucher for following additional information is provided to facilitate your payment of the questioned invoice, Federal Aid Bridge Project No. BRM-SlOl(9) was prepared in August 1991. At this time, the project was reviewed to determine if the City of Carlsbad had deposited sufficient funds to cover state expenditures on behalf of the city. earlier. The delay was a result of a backlog of projects requiring final voucher analysis. Unfortunately our delay in billing does not imply that the City of Carlsbad does not owe the additional funds. Regretfully, this accounting for the city was not performed The Agreement, Contract No. 11-0336 (revised) included with That should any portion of the project be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. The project was financed with federal funds. Therefore, covenants in the Local AGency State Agreement No. 11-5308 (Attachment 1) and Local Program Supplement No. 11 (Attachment 2) apply. your letter, states in Section 111, No. 3: e 0 '< - .* Mr. Pat Entezari November 7, 1991 Page 2 The Program Supplement No. 11, in the "Special Covenants or 3. In awarding the contract, the Local Agency agrees the payment of Federal funds will be limited to the detail estimate amount approved by the Federal Highway Administration in the Federal Aid Project Agreement (PR-21, or its modification (PR-2A1, and accepts any increases in Local Agency Funds. Since the final voucher is the final modification of the Remarks" Section, No. 3 states: Federal Aid Project Agreement, the local agency has agreed to the increase in Local Agency funds. The Local Agency State Agreement No. 11-5308, in Article IV, Fiscal Provisions, No. 5 states: 5. When any portion of a LOCAL AGENCY project is performed by STATE, charges therefore 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. The deposit received from the City of Carlsbad was not sufficient to cover both the city's share of eligible cost and the assessment on direct labor costs, The bill to the City of Carlsbad is in accordance with agreements Caltrans entered into with the City of Carlsbad. Further, the Local Agency State Agreement in Article IV, Fiscal Provisions, No. 6 states: 6, Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through State Controller, may withhold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. ~ 4 e 0 -. .L Mr. Entezari November 7, 1991 Page 3 Regretfully, unless payment is received in thirty days, we will be required to request ithe State Controller to withhold this amount. Hopefully, this additional information will enable you to Should you have further questions, promptly pay the invoice. please contact Karen Miller at (916) 324-9320. Sincerely, &--’ W. PETERSON, Chief Local Program Accounting Branch Attachment cc: ARaymond JLove Dl1 , AftGi ch me t?l e e TI ' t -? LCCAL %€NU-STATE PGF4lXNT FOR -L FEDEMHID PROJECTS I \ 11 San Diego - Carlsbad IR strict County ci tY AGREMENT NO. 11-5308 MAST E R AG RE EM E NT THIS AGREEMENT, made in this 21st day of November , 1978 by and betwen Cl t~ of Carl sbad political subdidion(s) of the State of California herelnafter referrid to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, herinafter referred to as "STATE". WITNESSETH: WHEREAS, the Congress of the United States has declared it to be in the national interest for Federal Funds to be expended for highway, frfnge parking, bicycle transportation, pedestrian walkways, and mass transportation projects; and leglslatton by which certain Federal funds authorized may be made available for use on Ixal transportation facilities in accordance with the intent of Federal acts; and WHEREAS, the Legislature of the State of California has enacted WHEREAS, there exists a compe!lirtg need for improvements or restoration of roads, streets, highways, fringe parking, and public transportation facil fties within the boundaries of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STAT€ therefore desire to make use of such Federal futlds as may be made available within the jurisdictional bouiidaries 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 relatlve to prosecution of the said project and mafntenance of the completed facil?ty. DH-OLB 255 (4-77) e 0 1. I. ,. THEREFORE, the partles agree as follows: ARTICLE I - CONDITIONS 1. Projects located in urbanized areas (unless exe7pt) must be part of 3 program which serves to implement an areawide plan held currently valid by the regional transportation policy board. officially programmed to and authorized by the Federal Highway Administration in advance of 1 ts performance. are considered Federal-aid funds 'I c 2. Federal funds may participate only in work which has ken 3. Funds apportioned such as the STATE'S share of FAS funds ARTICLE I1 - IMPROVEMENTS/RESTORATIONS 1. The term "IMPROVEMENT" or "RESTORATION" as used herein The Supplemental Local Asency-State Agreement (program mans any work that is financed in part with Federal fuds. supplement) shall be ir: a form prescribed by STATE; and shall designate who shall advertise, award, and administer the contract, the Federal funds requested, and the matching funds to k provided by LCCAL AGENCY, and, if a State Highway is involved, the matching funds to be provided by STATE. Adoption of the program supplement by LOCAL AGENCY and (ipproval by STATE shall cause such program supplerent to be a part of this agreement as though fully set forth herein. Unless otherwise delegated the program supplement shall be approved by the LOCAL AGENCY'S governing body. Cooperative projects including Hork on a !itate highway shall be the subject of a separate cooperative agreemeqt . 3. In processing IMPROVEMENTS or RESTORATIONS, LKZL AGENCY will conform to all STATE statutes, regulations and procedures (in- cluding those set forth in the STATE's Local Programs Manual) re- lating to the Federal-aid program and to all applicable Federal laws, regulations, and policy and procedural or instructional mnoranda. This includes, but is not limited to, the holding of public hearings when required, the publishing of various press notices, and the pre- paration of plans, specifications, and estimates. Unless otherwise designated in the approved program supple- ment, improvements will k constructed by contract in accordance with 2. 4. DH-OlA 255 (4-77 -2- . 0 0 9. ,. Certification Acceptance procedures approved by the FW. Such pro- cedures require the us2 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 minfmm of 3 weeks prior to bid opening. The contract will be awarded by LOCAL AGENCY, its agent, or by STATE as may be detenined between the parties prior to each project advertisement. 5. When the IMPROVEMENT 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. In either event, LOCAL AGENCY shall enter into an agreement with the railroad providing for maintenance of the pro- tective devices or other facilitfes installed under the servfce contract . 6. LOCAL AGENCY shall provide or arrange for adequate super- vision and inspection of each improvement, including contracts awarded by STATE. Uith prior State approval, surveying, inspection and test- ing may be performed by a consulting engineer provided an employee of LOCAL AGENCY is in responsible charge. improvements and may assme 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. ‘r. c- r c 7. S7ATE shall exercise general supervision over Federal-aid ARTICLE I I I - RIGHTS-OF-WAY 1. No contract for the construction of a Feden?-aid IMPR3VE- MENT or RESTORATION project shall be awarded until the necessary rights-of-way have been secured. 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 will be available by the tlm of contract award. 2. bility wtiich may result in the event the right-of-way is not clear as certified. The furnishing of right-of-way as provided for herefn includes, in addition to all real property required for the Improve- ment free and clear of obstructions and encumbrances affecting the Prior to the advertising of a proj- LOCAL AGENCY agrees to hold STATE harmless from any lia- DH-OLA 255 (4-77) -3- e 0 I. proposed project, the payment as required by applicable law of dam- ages to real property not actually taken but injuriously affected by the proposed improvement. 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 prasecutton of the work. 3. Subject to STATE appmval and such supervision over LOCAL AGENCY'S right-of-way acquisition procedures as STATE may determine is necessary, LOCAL AGENCY my claim reimbursement from Federal funds for expenditures to purchase rights-of-way included in an approved project. 4. The LOCAL AGENCY will comply with Title I1 and 111 of the Uniform Real Property Acquisition Po'licy. 5. Whether or not Federal-aid is to be requested for rfght-of- way, should LOCAL AGENCY, in acquiring right-of-way for a Federal-aid IMPROVEMENT, displace an individual , family, business, farm operation, or non-profit Organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Code, The publfc will be adequately infoned of the relocation payments and services which will be available, and, to the greatest extent practicab?e, no person lawfully occupying real property shall be required to move from his dwelling or to move his business or fan operation without at least 90-days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro- vide the State with specific assurance, on each project, that no person will be displaced until comparable decent, safe and sanitary replace- ment housing is available within a reasonable period of time prior to displacement, and that LOCAL MENCY's relocation program is realfstic and fs adequate to provide orderly, timely and efficient relocatfan of displaced persons for the project as provided in FHPM 7-5. LOCAL AGENCY shall pay from its funds 'r. c. ARTICLE IV - FISCAL PROVISIONS 1. When a Federal-aid IMPROVEMEM or RESTORATION contract is to be awarded by STATE, matching funds will be provided by LOCAL AGENCY prior to the time that such funds are required to reimburse contractor. STATE will bill LOCAL AGENCY for amount due imnediately following con- tract award, or at option of LOCAL AGENCY, will submit monthly bills during 1 ife of contract. 2. The estimated total cost of Federal-aid projects, the amounts of Federal-ald programmed, and the matching amounts agreed upon may be DH-OLA 255 (4-77: -4- 0 0 -3 adjusted by mutual consent of the parties hereto, provided funds are available to cover increases and provided Federal Highway Ahinistration concurs in any increase in the Federal-aid. for Federal-aid improvements, STATE will pay its agreed share and if permitted by State Law will advance an amount equal to the legal pro tion with Federal funds or will voucher Federal Highway Admindstration for rei mbu rsernen t . 3, Upon :ubriittal by LOCAL AGENCY of a statement cf expendltures r rata Federal share of the costs believed to be eligible for participa- i 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. by overpayment of amounts due shall be returned to STATE upon demand. When any portion of a LOCAL AGENCY project is performed by STATE, charges therefor shall include assessment on direct labor costs in accordance with Sectfon 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. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or withio such other period as may be agreed between the parties hereto, STATE, acting through State Controller, may 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 information as is requested for the purpose of checking costs paid, OT to be paid by STATE hereunder. 5. 5. PaTICLE V - MISCELLATjEOUS PROY ISICG5 1. This agreement shall have no force or effect uith respect to any project unless and mtil said project has been authorized by the Federal tilghway Administration and a Prcgrain Supplemental Agree- ment has been executed. 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 certaln employment practices with respect to contract and other work financed 2. DH-OLA 255 (4-77) -5- * e 0 with Federal or State funds. formed under this agreement is done in conformance with rules and regulations embodying such requirements where they are appl tcable, Nondl scrimination Assurances, Exhibit "A", are hereby consf dered a part of this agreement, 3. When Federal funds are to participate in tk cost of work done by a consultant, the agreement or contract with the consultant my not be executed or awarded until the selection of the consultant and the terms of the agreement or contract have been approved by STATE. Such agreement or contract shall include a prwision that the work and records of the consultant are subject to inspection at all times by representatives of LOCAL AGENCY, STATE 2nd the Federal Highway Administration and that agreement or contract may be terminated by LOCAL AGENCY upon a finding that the consultant is failing to live up to the terms of the agreement or contract. All major changes in the agreement or contract must have prior approval of the STATE. As soon as agreement or contract with consultant has bee? awarded, two certified copies of said agreement or contract shall 3e submitted to STATE. LOCAL AGENCY shall inswe that work per- 'r. CI 4. LOCAL AGENCY and its contractors shall retain all original recods and documents relating to work hereunder finEqced In part with Federal funds and shall make same available for inspection by STATE and Federal representatives upon request. Fol 'owing final settlement of the project accounts with the Federal Eighway Adminis- tration, such records and documents nay be microfilaod at the option of LOCAL AGENCY, but in any event shall be retained =or a three-year period after FHWA payment of final voucher, or a four-year period from the date of final payment under the contract, whichever is longer, Neither STATE nor any officer or emplo-gee thereof shall 5. (a) be responsible for any damage or liability occurrfng 5y reason of any- thing done or omitted to be done by LOCAL AGENCY under or in connection with any work, authority or jurisbiction delegated t: LOCAL AGEFICY under this agrement. It is also underrtood and agrg2d that, pursuant to Government Code Section 895.4, LGC4L AGENCY shali 'ully indemnify and hold STATE hanless from any liability imposed f-r injury [as defined by Government Code Section 810.8) occurring by reasm of anything done or omitted to be done by LOCAL AGENCY under or in conne:tion with any work, authority or jurisdiction delegated to LOCAL AGENCY inder this agreement. (b) Neither LOCAL AGENCY nor ary officer cp ernployee thereof, shall be responsible for any damage or liability occrring by reason of anything done or omitted to be done by STATE under cr in connect'fon with any work, iiuthorlty or jurisdiction not delegated to LOCAL AGENCY under thls agreement. It is also understood and agreed tht, pursuant to Government Code Section 895.4, STATE shall fully fndtmnify and hold DH OLA 255 (4-77) - 6- e e 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 connecticn with any work, authority or jurisdiction not deleoated to LOCAL XEKY under this agreement. I CI I\RTICLE VI - NAINTENAf.ICE 1. Upon acceptance by the awarding authority of a completed Federal-aid project or upon the contractor being re’iieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the transportation facility shall maintain the completed work in 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 will be withheld upti? the project shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administraticn. The provisions of this section shall Rot apply to a transportation facility which has been vacated through due process of law. 2. The maintenance referred to in paraqraph 1 above includes not only the physical condition of the facility but its operation as well, TraffSc 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- r e e IN WITNESS WHEREOF, the parties have executed this agreemnt by their duly authorized officers. STATE OF CALIFORNIA CITY OF Carlsbad DEPARTMENT OF TRANSPORTATION DISTRICT 11 . , /- -7 ,' /,7 BY 6 ~=4€-.4~,~L By &<;'LA &!d&&A4 Chief Deputy Distrlct Director of Transportation Mayor 1 ATKST: Approva 1 Recomnended: - // ,-.7/ i ' d-- /+ / -1 //+4LA ,*,<< Local Assistance Engineer 333EEEE %F 5 - - DH-OLA 255 (4-77) -8- 0 I* .% c /&rnQR DIIIEI1T "I? EIOYDI SCRiMINATl ON ASSUFWCES I c The XXIYltTJICITY of Carl sbad (hereinafter) referred to as the RECIPIENT) HEREBY AGREES THPJ as a condition to receiving any Fedc.ra1 financial assistance from the California Department of Transportation, acting for the U. S. Department of Tmnsportation, it 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirercents imposed by or pursuant to Title 49, Code of Federal Rcgulationz, Department of rransportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal ly-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 in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, SPX, or national origin, be excluded frorr participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program cr activity for which the RECIPIENT receives Federal findncial assistance from the Federal Department of Transportation, HEREBY GIVES ASSURAMCE THAT it will promptly take any ineasures necessary to effectuate this agreement. 21,7(a) (1) of the REGULATIONS. the P€CIPIENT hereby gives the following specific assurances with respect to its Federal-3id Program: 1. That the RECIPIUJT agrees that each "program' an3 each "facility" as defined in subsecticns 21.23 (e) and 27.23 (b) of the RCGULATIONS, wi 11 be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the ?EGULATIONS. 2. That the FECIPIEriT shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal-aid Pmgram and, in adapted form in all proposals for negotiated agrements: will comply with Title VI of thz Civil Rights Act of 1964, 78 Stat. 252, This assurance is required by subsection Nore specifically and without 1 imiting the above general assurance, DH-OLA 255 (4-77) -9- AbKLtMtN I 0 0 EXHIBIT "A" c The (W\THCITY of Carl sbad or other approved contracting authority) hereby notifies all bidders that it will affimtively insure that in any contract entered into pursuant to this advertise-ent, minority business enterprises will be afforded full csmrtu- nity to submit bids in response to this invitatlon apa will not be discriminated against on the gruunds of race, color, 3. That the RECIPIENT shall insert the clauses of Pxendix A of this assurance in every contract subject to the ACT and the REGULATIONS. 4, That the clauses of Apgendix B of this assurance shall be included as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. ance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connec- tion therewith. r sex, or national oriyin in consideration for an swan. . 5. That where the RECIPIENT receives Federal financial assist- 6. That where the PECIPIENT receives Federal financial assist- ance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 7. That the RECIPIENT shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant mnnfng with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the RECIPIENT with other parties: (a) (b) for the subsequent transfer of real property acmired or improved under the Federal-aid Program; and for the construction or use of or access to spacr on, over, or under real property acquired, or improved under the Feder37-aid Program. 8. That this assurance obligates the RECIPIENT for t-e period during which Federal financial assistance is extended to t2e program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the RECIPIENT or any transreree for the longer of the fol- lowing periods: DH-OLA 255 (4-77) - 10- , AGREEMENT a 0 EXHIBIT .A" 1. T (a) the period during which the property is u;ed for a purpose for which the Federal financial asii stance is extended, or for another purpose involving the provision of sirnilar services or benefits; or ership or possession of the property. *. , , (b) the period during which the RECIPIENT rebins own- 9. The REC!PIENT shall provide for such methcds of administra- tion for the program as are found by the U. 5. Secretary of Transpor- tation, or the official to whom he delegates specific authority, to give reasordble guarantee that it, other recipients, subgrantees, con- tractors, subcontractors, transferees, successms 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 REGULATIONS and this assurance. 10, The RECIPIENT agrees that the United States and the State clf California have a right to seek judicial enforcewnt with regard to any matter arising under the ACT, the REGULATIONZ, and this assurance. THIS ASSURANCE 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 RECIPIEhT 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 partf cipants in the Federal-aid Highway Program. \ DH-OLA 255 (4-77) -11- 0 AGREEMENT * EXHIBIT “A” WPENDIX A During the performance of this contract, the contractor, for itself, its assignees and succezsors in interest (hereinafter referred to as the CONTRACTOR) agrees as follows: I c (1) Compliance with Regulations: The CONTRACTOR shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (here- inafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The CONTRACTOR, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONTRACTOR shall not participate either cf the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. Materials and tquipnent: In all solicitations either by competitive bidding or negotiation made by the COt4TRACTOR for work to be performed under a subcmtract, inctuding procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the COtITWCTOR of the contractor’s obligations under this contract and the RECIJLATIONS relative to nondiscrimination on the grounds of race, color, or national origin. information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall Demit access to its books, records, acccjunts, other sources of informticn, atid its facilities as may be determined by the State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such ?EGULATIOX or directives. tractor is in the exclusive possession of another who fails or refuses to furnish this inforriiation, the CONTRACTOR shall so certify to the State highway dwartment, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 1 directly or indirectly in the discrimination prohibited by Section 21.5 (3) Solicitations for Subcontras Including Procurements of (4) Information and Reports: The CONTRACTOR shall provide all Where any infomation required of a con- (5) Sanctions for Noncompliance: in the event of the CONTRACTORS’S noncompliance with the nondiscrimination provisions of this contract, DH-OLA 255 (4-77) - 12- I e AGREEMENT * EXHIBIT "A" * the State highway department shall impose such contract sanctions as it or the Federal Highway Administration may determine to k appmpriate, including, but not limited to: > (a) (b) (6) Incor oration of Provisions: The CONTRACT.?R shall include wi thholdi ng of payments to the CONTRACTOR mder the contr3ct until the CONTRACTOR colnpl ies; and/or cancellation, termination or suspension of the contract, in whole or in part. 'r c the provisions fgf u paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of ectlipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONTRACTOR shall take such action with respect to any subcontract or procurement as the State highway department or tf-e Federal Highway Administration may direct as a means of enforcing such provisions in- cluding sanctions for nonconipliance: 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 CONTRACTOR my request the State highway departmnt to enter into such litigations to protect the interests of the State, and, in addition, the CONTRACTOR my request the United States to enter into such litiga- tion to protect the interests of the United States. OH-OLA 255 (4-77) -13- 0 AGREENENT 0 EXHIBIT "A' I APPEFKJIX B The following clauses shall be included in any and ail deeds effecting or recording the transfer of real property, stmctures or improvements thereon, or interest therein from the Uni tee States. (GRANTING CLAUSE) r b NOW, THEREFORE, the Deparblent of Transportation, as authorized by law, and upon the condition that the RECIPIENT will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Adminis- tration of Federal Aid for Highways and the policies and wocedures prescribed by the Federal Highvray Administration of the kpartment of Transportation and, also in accordance with and in compliance with the Regulations per%aining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the RECIPIENT all the right, title and interest of the Department of Trsns- portation 'n and to said lands described in Exhibit "A" attached here- to and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the RECIPIENT and its successors forever, subject, however, tx the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real prop- erty or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving tne provision of similar services or benefits and shall be binding on :-e RECIPIENT, its successors and assigns. The RECIPIENT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grouncis of race, color, 3r national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed ( p} (and)* DH-OIA 255 (4-77) -14- 0 AGRERIENT EXHIBIT "A", APPENDIX B r. 0 '4 I_ c I 9 (2) that the RECIPIENT shall use the lands and interests in lands so conveyed, in compliance with all require- ments imposed by or pursuafit to Title 49, Code of > Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part Z19 Non- discrimination in Federalty-assisted program of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and 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 prim to this deed.* I %. (3) *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 VI of the Civil Rights Act of 1964. DH-OLA 255 (4-77) -1 5- 0 EXHIBIT “A” 0 9-8. b APPENDIX C The following clauses shall be included in any and all deeds, licenses, leass, permits, or similar instruments enterd into by the RECIPIENT, pursuant to the provisions of Assurance ;(a). The (grantee, licenseep lessee, permittee, etc., at, appropriate) for himself, his heirs y personal representatives, successors In interest, and dssigns, as a part of the consideration hereoft does nereby covenant and agree (in the case of deais and leases add ”as coverant running with the land”) that in the event fdcr’lities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transpor- tation program or activity is extended or for another purpose involving the provision of similar s2rvices or benefits, the (grantee, licensee, lessee, permittee, etc.) , shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21 s Nondiscrimination in Federally- assisted programs of the Department of Transportation - Effectuation of Title YI of the Civil Rights Act of 1964, and as said Regulations may be mended. r % (Include in licensesc leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIEKl shall have the right to terminate the (license, lease, permit, etc,) and to re-enter and re ossess said land and the etc,) had never been made or issued. facilities thereon, and hold the same as i P said (license, lease, permit, (Include in deeds)* That in the event of breach of any of the above ncndiscrirnination covenants, the RECIPIENT shall have the right to re-enter said land and facilities thereon, and the above described lands 2nd facilities shail thereupon revert to and vest, in and become the abcolute property of the RECIPIENT and its assigns. permits, or similar agreements entered into by the RECIPIENT, pursuant to the provisions of Assurance 7 (b). The following shall be included in all deeds, licenses, leases, * Reverter clause and related language to be Lised only *&en it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. OH-OM 255 (4-77) -1 6- HunCmcri I .., 0 EXHIBIT "A' 0 APPENDIX C A. * - .A *- a e The (grantee, licensee, lessee, permittee, etr., as appropriate) fcr hirnself # his personal representatives, successwi in interest and assigns, as a part of the consideration hereof, does hereby covenant with the land") that: origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, under such land and the furnishing of services thereon, no person on the ground of race, color, sex, or national orisin shall be ex- cluded from participation in, denied the benefits of, or otherwise be subjected to di scrimi nation, use the premises in compliance with the Regulations. -r r and agree (in the case of deeds, and leases add 'as a covenant running (1) no person on the ground of race, color, sex, or national (2) that in the construction of any improvements on, over, or (3) that the (grantee, licensee, lessee, pernittee, etc.,) shall (Include in licenses, leases, permits, etc.)* That in 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 in deeds)* That in 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 lads and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT, and its assigns. * 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 VI of the Civil Rights Act of 1964. DH-OLA 255 (4-77) -17- - - .-_ -._-_ -_ - - %.. , -c 4 .C f 1 2 3 4 r 5 . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 .$ 2Q 0 0 RESOLUT ION NO. 56 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND CIRECTING TE MAYOR TO EXECUTE A LOCAL AGENCY-STATE AGREEMENT FOR FEDSAL-A ID PROJ ECTS The City Council of the City of Carlsbad does hereby resolve as follc 1. The Mayor of the City of Carlsbad is her23y authorized and direc- to execute, on behalf of the City of Carlsbad, that certain Local Agency-! Agreement for Federal-Aid Projects, with the State of Cal Ifornia, Departmi of Transportation, a copy of which is attached hereto and by this referem incorporated herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City CouncI the City of Carisbad, California, held the 2Jstday of November . 1978, by the foltowing vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis an NOES: None - ABSENT: None Councilwoman Cas1 er - /&+L?.?’tLR+ RONALD C. PACKARD, Mayor ATTEST: I / 1 A%!?bW$EN$&+iek 21 22 23 24 25 26 27 28 I (SEAL) .. buuiiby aa~ uieqw *x*" ' c - %12;;:. :? lg8 To Local Agency-State Agreement No. 11-5308 Project No, BRM-SIO AfCschvnen'a 0 *- #. PROGRAM OF FEDERAL AID BRIDGE REPUCLYENT AND REHABILITATlON PROJECTS rH THE City of Carlsbad hca2 Agenqj Pursuant to the FederaT-kid for Bridge Reptacement and Rehabi t itatic Act, the attached "Prugram" of Federal-Aid Bridge Replacement Projects marked "Exhibit E" is hereby incorporated in that Master Agreement for tfie FederaT-Aid Progrm-whid was entered into between the above-named CITY an& the STATE on November 21, 1978 p and is subject to dl ~f the term and and3 tions thereof. Article 11 of the aforementioned agreement under authority of City Resoltdtfasr No. The s t ject program fs adopted in accordance with Paragraph 2 of approved by the CITY COUNCIL on q- ee copy attached). OGZ Z. 1 Citv of Carlsbad LocrrZ Agency ?dd.LcR_, q-L Tit le BY \ c Approved for State Department of Transportation OH-OLA-256C (12/79) -- .- - 1 2 3 u 0 RESOLUTION NO.- - A RESOLUTION OF THE CITY COUNCIL OF ME CITY W CARLSBAD, CALIFORNIA, KCLARIN6 ITS INTENT TO REcQltsTRUCT CARLSBAD -BOULEVARD TO FOUR LANES AS SOOH AS A SUETABLE SHORE PROTECTION SYSTEM CAN BE INCLUDED IN THE PROJECT - CONTRACT '? 3arlsbad Boulevard Bridge and Carlsbad Boulevard *an Taararack Avenue to 8 9 '(oad; and WHEREAS, reconstruction of the bridge mst p forward or the City w- 16 I? 18 I' - WHEREAS. upon the determhxition of a suftable storm damage shore prc system, the roadway project Wtlt proceed; and WHEREAS, it is the Cfty's intent to address the environmental issue! in the Federal Environmental Assessment Report am to meet Federal Highwz f 28 kamarack Avenue to Cannon Road as Phase I1 of th-r project as soon as a I I . L . -7 d 1 2 3 4 5 6 7 a 9 IO 0 - e shore protection system can be incorporated into the project, 4. The City Engfneer ts arthorized to continue the actfon to obtain the necessary agreements and permits. PASSED, APPROVED AND ADOPTED at a regular Mtfq of the Ctty Council of the City of Carlsbad held the - 2nd day of F-?3lp_r t 1984, by the followtng vote, to wit: - AYES: - * - caskr* xewis, chick and &escx#m NOES: - ABSENT: -1 Msnber Rulcfiin . 7 -- -- - Y- --- - - --- L_ - 13 x4 15 I6 17 18 19 ER, Mayor. ATTEST= - (SEAL) I 21 22 23 24 ' I 20 I / / \ \ . c, U a Lia GUQ) -4 F; 91 ab 0 -44 -bJ u $E % m daJ J 2 4 aG r) .c ala4 3 k 4a,a Q) rlcw > c, 4*Id 4Jm -7.4 -4 G m4o Ql E E: c-4 s a 30 w 6 W-dh 4Jc 0 dl6 4J Idk 4 h4J OD u r) a.m+r Q) aJ ads -n*c aJGaJ o*E: L-dU kUO EU amm waca kk a* al 4C& 4JhC- ri c, nhurn 4 31=: *4ac 04* 5& $V M4 5% 81 0% a4,4 a* cy c, alG5 -+OF1 @A& G-+uJ SKI& t m I.r Q) &I Gad 6DO4a, - GO >m aJkW r)OY WaJ #id k-4 -4AZ*,s 0 a k-4 a a, ala 0 > -CJ-L)a,.F.)-- aoa, sc- rn*almus- #4 01 r)k G-EP: -1-4 EU 3LiOhrna, &Tim k*4J a -7-f-rurnc %g3"d*g 44 ""2%: 4 0 a Q)cr a2 "Ida)> sa 0 0 als !L La ,z kAUQ 31 qdalpcrn ma,! --kk E2a)L-I E Id kd Fi =Qgdd44 L u -4 4 -4 cwcl3--+tFac, 00 3CQU w ual -rlQ,a, Gh uh3Q-n =Qulauk 01 2.4- C,-rlrda,-k G'UalrnU3r:pI' >4J rnQ qa,aQ,a, a L z 4JZG C 0-4 I -9mE-rWHU4 1.2 1; lu. 124 CY m r( 1 w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 * e RESOLUTION NO. 92-101 A RESOLUTION OF THE CIn COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIATING FUNDS FROM THE GENERAL FUND BALANCE AND AUTHORIZING PAYMENT TO THE DEPARTMENT OF TRANSPORTATION OF PROJECT COSTS ON THE AGUA HEDIONDA BRIDGE (PROJECT 3098) WHEREAS, the City Council of the City of Carlsbad has determined it necessary to pay the State of California for project costs on the Agua Hedionda Bridge; WHEREAS, the General Fund balance has adequate reserves to appropriate; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. repayment account (001-820-1990-2994). 3. That $36,969.79 is authorized to be expended for payment of State Department of Transportation project expenditures for the Agua Hedionda Bridge project. That the above recitations' are true and correct. That $36,970 is appropriated from the General Fund balance into the grant PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council I 19 20 21 22 23 24 25 26 27 28 ~ on the 14th day of April , 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and NOES: None ABSENT: None Nygaard ATTEST: . ALETHA L. RAUTENKRANZ, City Clerk (SEAL)