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HomeMy WebLinkAbout1992-12-08; City Council; 11982; PROGRAM SUPPLEMENT NO. 15 TO LOCAL AGENCY-STATE AGREEMENT NO. 11-5308AB # &9gg TITLE: PROGRAM SUPPLEMENT NO. 15 MTG, lB-&-sc+ DEPT. TO LOCAL AGENCY-STATE AGREEMENT NO. 11-5308 ENG DEPT. h CITY AT CITY MG 9 Cl, OF CARLSBAD - AGEW BILL 5- ' 6 RECOMMENDED ACTION: Adopt Resolution No, 52-35s approving Program Supplement No. 15 to 1 Agency-State Agreement No. 11-5308 for the Tamarack Avenue at AT&SF Rail Crossing Protection. ITEM EXPLANATION: A safety-related project has been previously identified at the AT&SF Rai' crossing of Tamarack Avenue. This project is established on the Public Uti1 Commission (PUC) "Recommended List of Public Crossings in California for Imp1 Crossing Protection with Federal Funding." The project will upgrade the harc and railroad crossing arms on Tamarack Avenue to meet current stand Additionally, completion of this safety project will result in completion o widening of Tamarack Avenue between Jefferson Street and Carlsbad Boulevard Although the project is funded 90% by the federal government and 10% by the agency (Carlsbad), the evaluation of need and establishment of the recommended is the responsibility of the Public Utilities Commission and the construl administration is by the California Department of Transportation (CALTR Actual construction of the improvements will be by the AT&SF Railroad on a sch that they have yet to determine. However, it is tentatively estimated construction will be in one to two years, although no firm date has establ i shed. FISCAL IMPACT: The City of Carlsbad 10% funding share for this project is $6,583. The e project cost is estimated at $65,831. Adequate funds have previously appropriated in the project account for the Tamarack Avenue Widening Prc Project No. 3203, and will be used to pay the City's share for this project EXHIBITS : 1. Location map. 2. Resolution No. 98- 352 approving Program Supplement No. 15 to Agency-State Agreement No. 11-5308 for the Tamarack Avenue at AT&SF Rai % z 0 5 8 8 a 2 3 3. Program Supplement No. 015 to Local Agency-State Agreement for Feder Project No. 11-5308. 4. Master Agreement No. 11-5038 for all Federal-Aid Programs within the C Carl sbad. MAP I PI0 PIC0 DRIVE K( 5 STREET x :: JEFFERSON *'i > 3 INTERSTATE a LINMAR LANE Y- o a a a r a c- i HIBISCUS CIRCLE d RAILROAD 11 I It11 181 ~*~"'~'*':': IIII*II *I* Itt"l"'l AT. & S.F. 1 . GARFIELD , , STREET CARLSBAD BOULEVARD ...-.-.-.*... ...-*-.-.-.*. LEGEND \\ - TAMARACK BEACH AREA TO BE IMPROVED .'...'.'..... .*...-.-.-.-. .*...-.-...-. .*.f' .-.e.-. ...... .____. , PRoJECT NAME TAMARACK AVENUE PROJECT# E> AT A.T.& S.F. RAILROAD TRACK 3203 + ?\ I L" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 92-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT NO. 15 TO LOCAL AGENCY-STATE AGREEMENT NO. 11-5308 FOR THE TAMARACK AVENUE AT AT&SF RAILROAD CROSSING PROTECTION AND AUTHORIZING THE MAYOR TO EXECUTE THE PROGRAM SUPPLEMENT. WHEREAS, the City Council of the City of Carlsbad has determi necessary, desirable, and in the public interest to maintain local r( within its jurisdiction; and WHEREAS, upgrading railroad crossing protection will enhance sa. Tamarack Avenue at the AT&SF railroad crossing; and WHEREAS, the City of Carlsbad and the State of California have pre entered into an agreement for Federal-Aid Programs; and WHEREAS, adequate funds have already been appropriated into the T Avenue Widening Project, Project No. 3203, to pay for the City of Carls share of the railroad crossing protection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca California, as follows: 1. That the above recitations are true and correct. 2. That it is in the best interest of the City of Carlsbad to Program Supplement No. 15 to Local Agency-State Agreement No. 11-5308 Tamarack Avenue at AT&SF Railroad crossing protection. /// /// /// /// /// /// /// f\ '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 -1 7 18 19 20 21 22 23 24 25 26 27 28 0 0 3. That the City Council hereby authorizes the Mayor of the C Carlsbad to execute said agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba Council held on the 8th day of DECEMBER , 1992 by the followini to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Kulchin ATTEST: ALETHA L. RAUTENKRANZ, City Cle@ fl! d8 u (SEAL) PROGRAM SUPPLEMENT NO. 015 to LOCAL AGENCY-STATE AGREEMENT Laeation: 11-SD -0-CBD Project Number: STPLR-S350(00: E.A. Number: . 0 0 - 11-SD -0-CBD DATE: 09/0L ST'PLR-S350(001) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. The cost of maintenance of the crossing shall be as allocal Public Utilities Commission. 2. All required pavement marking and advance warning signs sh; comform to the requirements of MUTCD, 1988 and shall be pl; their proper location by the Local Agency at the time of completion of the Railroad's work. 3. The Local Agency agrees the payment of Federal funds will 1 limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2) Estimate, or its modification (PR-2A) or the FNM-76, and ar any increases in Local Agency Funds as shown on the Financi Bid Letter or its modification as prepared by the Division Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 5. Whenever the local agency uses a consultant on a cost plus the local agency is required to submit a post audit report ing the allowability of cost payments for each individual tant or sub-contractor incurring over $25,000 on the proje The audit report must state the applicable cost principles zed by the auditor in determining allowable costs as refer CFR 49, part 18, Subpart C - 22, Allowable Costs. PETE WILSON, G ? e .4 STATE OF CALIFORNIA-BUSINESS, TRANSPOR ATiON AND HOUSING AGENCY -- DEPARTMENT OF TRANSPOUATION [ DISTRICT 11, P.O. BOX 85406, SAN DIECO 92186-5LO6 (619) 688-6781 September 16, 1992 ll-SD-O-Cbd STPLR-S350(1 Tamarack Ave @ ATSF RR Xing Protect I.! I -. I SEfj 1 ’: 1992 Lloyd Hubbs City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Dear Mr. Hubbs: City Engineer ,- ,I. 1 L L , - ,- Enclosed for execution are two originals of Program Suppleme No. 15 to Local Agency-State Agreement No. 11-5308 for the above referenced project. Please execute and return both originals of the Program Supplement with copies of the authorizing resolutions attached. Also, please type your date of approval and the authorizing resolution number in the space provided on the first page. Upon the return of both originals, Caltrans will execute the Supplements and send one original to you for your records. Sincerely, JESUS M. GARCIA District Director 1 Streets .c @ c LKAL AX!ICf-STATE /WEP€NT FOR kDERAL-AID bECTS 11 San Diego - Carlsbad District County city ' AGREEMENT NO. 11-5308 MASTER AGREEMENT November , 1978 by and betwen City of Carlsbad political subdjxsion(s) of the State of California hereinafter referrid to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by and through the Departmnt of Transportation, herinafter referred to as "STATE". THIS AGREEMENT, made in this 21st day of 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, fringe parkfng, bicycle transportation, pedestrian walkways, and mass transportation projects; and legislation by which certain Federal funds authorized may be made avallable for use on local transportation facilities in 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 may 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. WHEREAS, the Legislature of the State of California has enacted SEP 6 197V DH-OLA 255 (4-77) 4 @ Q THEREFORE, the parties agree as follows: ARTICLE I - CONDITIONS 1 . Projects located an urbanized areas (unless exempt) must be part of a program which serves to implement an areawide plan held currently val Id by the regional transportation policy board, officlally programed to and authorized by the Federal Highway Administration in advance of‘ its performance. are considered Federal -aid funds . 2. Federal funds may participate only in work which has ken 3. Funds apportioned such as the STATE’S share of FAS funds ARTICLE 11 - IMPROVEMEMS/RESTORATIONS 1. The term “IHPROVENENT” or *RESTORATION* as used hercfn 2. The Supplemental Local Agency-State Agreement (program mans any work that is financed in part with Federal funds. supplwnt) shall be in a form prescrfbed by STATE; and shall designate who shall advertf se, award, and administer the contract, the Federal funds requested, and the matching funds to be provided by LOCAL AGENCY, and, ff a State Highway is fnvolvd, the matching funds to be provided by STATE. Adoption of the program suppl by LOCAL AGENCY and approval by STATE shall cause such program supplement 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 work on a State highway shall be the subject of a separate cooperatl we agreement . 3. In processfng IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY will conform to all STATE statutes, regulations and procedures (in- cludfng 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 mmoranda. 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 be constructed by contract In accordance with 4. DH-OLA 255 (4-77 -2- d @ @ 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 minim of 3 weeks prior to bid opening. The contract will be awarded by LOCAL AGENCY, its ageqt, or by STATE as may be determined between the parties prlor to ,ach 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. tract entered into by LOCAL AGENCY .for such work must have prior approval of STATE. an agrement with the railroad providing for maintenance of the pw- 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 Opproval, surveying, inspection and test- ing may be performed by a consulting engineer provided an employee of LOCAL MENCY is in responsi bl e charge. 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. contracts shall so stipulate. A con- In either event, LOCAL AGENCY shall enter into 7. STATE shall exercise general supervision over Federal-aid LOCAL AGENCY ARTICLE 111 - RIGHTS-OF-WAY 1. No contract for the construction of a Federal-aid IMPROVE- HENT 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 time of contract award. 2. bility kAlich may result in the event the right-of-way is 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 Prior to the advertising of a proj- LOCAL AGENCY agrees to hold STATE harmless from any lia- DH-OLA 255 (4-77) -3- I 0 @ - proposed pmject, the payment as required by applicable -law of dam- ages to rea1 property not actually taken but injuriously affected by the proposed improvement. any costs whfch arise out of delays to the contractor because utflfty fqcflitjes have not been removed or relocated, or because rights-of- way have not been made available to the contractor for the orderly prosecution of the work. 3. Subject to STATE approval 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 con;ply with Title I1 and 111 of the Uniform Real Property Acquisition ?olicy. 5. Whether or not Federal-aid is to be requested for right-of- way, should LOCAL AGENCY, in acquiring right-of-way for a Federal-aid IMPf@VEM€NT, 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 public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his dwelling or to mve his business or farm operation without at least 90days 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 canparable decent, safe and sanitary replace- ment housing is avaflable within a reasonable period of time prior to t, and that LOCAL A6ENCY's relocation program fs realistic and is adequate to provide orderly, timely and efficfent relocation of displaced persons for the project as provided in FHPM 7-5, LOCAL AGENCY shall pay from its funds ARTICLE IV - FISCAL PROVISIONS 1. When a Federal-aid IMPROVEMENT 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 life of contract. 2. The estimated total cost of Federal-aid projects, the amounts of Federal-aid programed, and the mtching amounts agreed upon may be DH-OLA 255 (4-77) -4- e -* 0 adjusted by mutual consent of the parties hereto, provided funds are available to cover increases and provided Federal Highway Administrat' concurs in any increase in the Federal-aid. Upon submittal by LOCAL AGENCY of a statement of expenditure! 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 rata Federal share of the costs believed to be elfgible for participa. tion with Federal funds or will voucher Federal Highway Administratior 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, of eligibility for Federal fund financing. Ultimate determination shall rest with the Federal tfighway Ahinistration, Any overpayment of amounts due shall be returned to STATE upon demand. STATE, charges therefor shall include assessment on direct labor cost in accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges hot 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 dmnd or within such other period as may be agreed between the parties hereto, STATE, acting thmugh 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 he given acces to LOCAL AGENCY'S books and records and shall be given such assistanc and information as is requested for the purpose of checking costs pai or to be paid by STATE hereunder. 3. STATE shall make preliminary determination 5. When any portion of a LOCAL AGENCY project is performed by 6. ARTICLE V - MISCELLANEOUS 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 Ahinistration 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 certaln employment practices with respect to contract and other work financec DH-OLA 255 (4-77) -5- e 0 with Federal or State funds. formed under ttifs agreement is done in conformance M'th rules and mgulatlons embodying such reqiiirements where they are applfcable. Nondiscrimination Assurances, : thibit "A", are hereby consfdered a part of this agreement, 3. When Federal funds are b partfcipate in the 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 provision that the work and records of the consultant are subject to inspection at all times by representatives of LOCAL AGENCY, STATE and 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 tenus 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 been awarded, two certified copies of said agreement or contract shall be submftted to STATE . 4. LOCAL AGENCY and ftf contractors shall retain all orfginal records and Qcmnts relating to work hereunder financed in part with Federal funds and shall make sane available for inspection by STATE and Federal representatives upon request. Following final settlearent of the project accounts with the Federal Highway Admfnis- tration, such records and documents may be microfilmed at the option of LOCAL AGENCY, but in any event shall be retained for 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, 5. (a) Nef ther STATE nor any off Icer or employee thereof shall be responsible for any damage or liability occurring by reason of any- thing done or omitted to be done by LOCAL AGENCY under or in connection with any wrk, authority or jurisdiction delegated to LOCAL MENCY under this agrement, It is also understood and agreed that, pursuant to Government Code Section 895.4, LOCAL AGENCY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as definc by Government Code Section 810.8) occurring by reason of anything done t mitted to be done by LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to LOCAL AGENCY under this agreemeni (b) Neither LOCAL ASENCY nor any officer or employee thereof, shall be responsible for any damage or liabflity occurring by reason of anything done or omitted to be done by STATE under or in Connection wit1 any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agrement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold LOCAL AGENCY shall insure that work per- DH OLA 255 (4-77) - 6- 0 e .- LOCAL AGENCY harmless from any liability imposed for injury (as defint by Government Code Section 310.8) occurring by reason of anything donc 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 - MINTENANCE 1. Upon acceptance by the awarding authority of a completed Federal-aid project or upon the contractor being relieved of the responsibility for maintaining arid protecting a portion of the work, the agency having jurisdiction over the transportation facil fty 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 there is not being properly maintained, LOCAL AGENCY has not satisfactorily remedied the conditions complained of, the approval of further Federa aid projects of LOCAL AGENCY will be withheld until the project shall have been put in 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 benn vacated through due process of law. ' not only the physical condition of the facility but its operation as ~11. Traffic.0perations 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 AGEF another unit of government or a consultant under contract with a LOCP AGENCY. 2, The maintenance referred to in paragraph 1 above includes DH-OLA 255 (4-77) -7- 0 0 1 IN WITNESS WHEREOF, the parties have executed thls agreement by their duly authorird officers. STATE OF CALIF9RNIA CIM OF Carlsbad DEPARTMENT OF TRANSPORTATION DISTRICT 11 . ,-e7 +-proL;/. />JZ ,&d BY &&L55Z2iG- BY F Hayor //&L// toea Assi stance Engi neef p Chief Deputy Of strkt Director of Transportation ATTEST: Approval Recmnded: - OH-OLA 255 (4-77) -8- I e 0 . ffimar WIIEIT SF\" '. NON D I S C R T MI N AT 1 0 N AS 5 UR4N CE S The XXXEW/CITY of Carl sbad ( here i na f ter referred to as the RECIPIEfiT) EEEBY AGREES THAT as a coridition to receiving any Federal financial assistance from the California Departmei of Transportation, acting for the U. S. Department of Trzmportation, i. will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federa Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Traf?spcr';ation - Effectuation of Title VI of the Civi Rights Act of 1964 (herefnafter referred to as the REGULATIONS), the Federal-aid Highmy Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, F!EGUUT?OI1S, and other pertinent directives, no person in the United States snall, 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 RECIPIEKT mceives Federal fjnancial assi stancz from the Federal Department of Transportation, HEREBY GIVES ASSU7iiK.E THAT it will promptly take any ineasures necessar, to effectuate this agrement. Titis assurance is required by subsection 21.7(a) (1) of the EGULATIONS, Fbre sped ffcally and without limiting the above general assurance the ECIPIENT hereby gives the following specific assurances with respe b its Federal-aid Program: 1. That the RECIPIEM agrees that each 'program" and each "facility' as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIO:+S, Will be (with regzrd to a 'program') conducted, -or will be (with regard to a "facility") cperated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. in all solicitations for bids for work or material subject to the in adapted form in all proposals for negotiated agreements: 2. That the RECIPIENT shall insert the follrming notification , REGULATIONS made in connection with the Federal-aid Program and, OH-OLA 255 (4-77) -9- * 0 EXHIBIT "A" 0 * The (m:TNCXTY of Carl sbad or other appmved contracting authority) kreby noti ties all bidders that it will affimtively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportu- nity to subnit bids in response to this invitation and will not be discriminated against on the grounds of race, color, 3. That the RECIPIENT shall insert the clauses of Appendix A of this assurance in every contract subject to the ACT and the REGULATIONS. 4. That the c'lauses of Appendix 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 shiqll extend to the entire facili$y and facilities operated in connec- t ion them- th. 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, wer, or under such property. 7. That the ECIPIENT shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the RECIPIENT with other parties: -.".-. .- - sex, or nation21 origin in consjderation for an award. 5. That where the RECIPIErE receives Federal financial assist- 6. That where the RECIPIENT receives Federal financial assist- . (a) for the subsequent transfer of real property acquired or .improved under the Federal-aid Program; and (b) for the mnstruction or use of or access to space on, over, or under real property acquired, or impmved under the Federal-aid Program. 8. That this assurance obligates the RECIPIENT for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or rea7 property or interest therein or structures or improvements thereon, in which case the assurance obligates the RECIPIENT or any transferee for the longer of the fol- lowfng periods: DH-OLA 255 (4-77) -10- AGREEMENT 0 * EXHIBIT "A" 0 .* (d) 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 the period during which the RECIPIENT retains own- ership or possession of the property. (b) 9. The RECIPIENT 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 whm he delegates specific authority, to cjive 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 REGULATIONS and this assurance. 10. The RECIPIENT agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under ythe ACT, the REGULATIONS, 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 RECIPIENT 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- AGREEMENT 0 EXHIBIT ‘A” 0 I APPENDIX A During the performance of this contract, the contractor, for ftse’lf, f ts assignees and successors in interest (hereinafter referred to as the CONTRACTOR) agrees as follows: (1) Canpl iance with Regulations: The CONTRACTOR shall comply with the regulations relative to nondiscrimination in Federally-assistec 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 selectfon and retention of subcontractors, including procurements of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discriminatlon prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. Materials and Equipment: In all solicitations either by competitive mding or negotiation made by the CONTRACTOR for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the contractor’s obligations under this contract and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or natiocal origin. (4) Information and Reports: The CONTRACTOR shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to its books, records accounts, other sources of information, and its facilities as my be determined by the State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of a con- tractor is in the exclusive possession of another who fails or refuses to furnish this information, the CONTRACTOR shall so certify to the State highway deoartment, or the Federal Highway Actninistration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the CONTRACTOf noncompliance with the nondiscrimination provisions of this contract, (3) SolJcitations for Subcontracts, Including Procurements of DH-OLA 255 (4-77) -12- AGREEMENT EXHIBIT "A" 0 -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) (b) (6) Incor oration of Provisions: The CONTRACTOR shall include withholding of payments to the CONTRACTOR under the contract until the CDXRACTOR complies; and/or cancellation, termination or suspension zf the contract, in whole or in part. the provisions + o par;agraphs (1) through (6) in every subcontract, including procurments of materials and leases of equipment, 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 the Federal Highway Administration may direct as a means of enforcjng such provjsions 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 CONTRACTOR may request the State highway department to enter into such litigations to protect the interests of the State, and, in addit- the CONTRACTOR may request the United States to enter into such litigz tion to protect the interests of the United States. DH-OLA 255 (4-77) -13- AGREE FIENT 0 EXHIBIT "A" 0 -e .U APPENDIX B The following ciauses shall be included in any and all deeds effecting or recording the transfer of real property, structures 01' improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department 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 procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civfl Rights Act of 1964 (78 Stat. 252; 42 G.S.C. 200Od to 2000d-4) , does hereby remise, release, quitclaim and convey unto the RECIPIENT all the right, title and interest of the Department of Trans- portation in and to said lands described in Exhibit 'A" attached here- to and made a part hereof. (HABENDUM MAUSE) TO hAVE AND TO HOLD said lands and interests therein unto the RECIPIENT and its successors forever, subject, however, to 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 the provision of similar services or benefits and shall be binding on the 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 grounds of race, color, or 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 (,) (and)* DH-OLA 255 (4-77) -14- ?I 4 0 0 AGREEf lENT EXHIBIT "A" APPENDIX B ' .8 (2) that the RECIPIENT shall LJS~ the lands and interests in lands so conveyed, in compliance with all require- mnts imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs 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 sald 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.* (3) 1 *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- -a a nolrCCf'lCIl1 @ EXHIBIT "A" 3 .Y APPENDIX C The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instrun;ents entered into by the RECIPIEKT, pursuant to the provisions of Assurance 7(a). for himself, his heirs, personal representatives, successors in interes. and assigns, as a part of the consideration hereof, does hereby covenan; and agree (in the case of deeds and leases add "as covenant running wit the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, licens 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 services or benefits, the (grantee, 1 icensee, 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 , Nondiscrimination in Federal1 assisted programs of the Deparpnent of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may b mended. The (grantee, licensee, lessee, permittee, etc., as appropriate) (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, ped 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 lands and facilities shall thereupon revert to and vest in and become the absolute 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 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-OtA 255 (4-77) -1 6- !e * i HOKCLPICIY I EXHIBIT "A" APPENDIX C I Q -1 The (grantee, licensee, lessee, permittee, etc, b as appropriate) for himself, his personal representatives, successors in interest an( assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant runnii 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 facil i ties, 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 b subjected to d i scr i mi nat i on, that the (grantee, licensee, lessee, permittee, etc.,) sha use the premises in compliance with the Regulations. (1) no person on the ground of race, color, sex, or national (2) that in the construction of any improvements on, over, or (3) (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscriminati covenants, the RECIPIENT shall have the right to terminate the (lice lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, pe etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscriminati 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 in and become the absolute proper 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- t .1 1 2 3 @! @ RESOLUT I ON tJo. 5 6 1 0 A RES3LUTICN OF THE CITY CI)UI':\3IL OF ThE CITY OF CAFILSdAD, CAL I FO2N IA, AUTHCR I Z I NG AND D I HECT I i4G THE HAYOR TO EXECUT - A LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID FROJECTS .A *I 6 5/ 7 8 9 10 11 12 13 14 15 16 17 18 19 i ,20 :- : 21 22 23 24 25 26 27 28 I I The City Counci I of the City of Carlsbad dozs hereb;/ resolve a 1. The Mayor of the City of Carlsbad is hereby authorized and to execute, on behalf of the City of Carlsbad, that certain Local A Agreement for Federal-Aid Projects, with the State of California, D of Transportation, a copy of which is attached hereto and by this I- incorporated herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City the City of Carlsbad, Cat ifornia, held the 21st day of November 1978, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lew Councilwoman Cas1 er NOES: None .. ABSENT: None #.hzdL& RONALD C. PACKARD, Mayor ATTEST: #y+R*{EN%N&+!%& (SEAL)