HomeMy WebLinkAboutContracts & Agreements_21-1976 LOCAL AGENCY-STATE AGREEMENT
for
Federal-aid Improvement Projects
08 San Bernardino Redlands
District County City
AGREEMENT NO. 1
MASTER AGREEMENT
THIS AGREEMENT, made in duplicate
this day of , 1975 , by and between
, political subdivision( s)
of the State of California, hereinafter referred to as "LOCAL
AGENCY, " and the STATE OF CALIFORNIA, acting by and through
the Division of Highways of the Department of Transportation,
hereinafter referred to as "STATE. "
WITNESSETH:
WHEREAS, the Congress of the United States has declared
it to be in the national interest for Federal Funds to be
expended for highway projects; and
WHEREAS, the Legislature of the State of California has
enacted legislation by which certain authorized federal funds
may be made available for use on local transportation
facilities in accordance with the intent of federal acts; and
WHEREAS, there exists a compelling need for improvements
of streets and highways 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.
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THEREFORE, the parties agree as follows :
ARTICLE I - CONDITIONS
Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway
Administration in advance of its performance.
ARTICLE II - IMPROVEMENTS
1 . The term "IMPROVEMENT" as used herein means any work
that is financed in part with federal funds.
2 . Supplemental Local Agency-State Agreements (programs) ,
for improvements, shall be in a form prescribed 0y STATE and
shall designate the federal funds requested and the matching
funds to be provided by LOCAL AGENCY and if a State Highway is
involved the matching funds to be provided by STATE. Adoption
of the program by LOCAL AGENCY and approval by STATE shall cause
such program to be a part of this agreement as though fully set
forth herein. Unless otherwise delegated the program 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 cooperative agreement .
3 . In processing IMPROVEMENTS, LOCAL AGENCY will conform
to all STATE statutes, regulations and procedures relating to
the Federal-aid program and to all applicable federal laws,
regulations, and policy and procedural or instructional memo-
randa . This includes, but is not limited to, the holding of
public hearings when required, the publishing of various press
notices, and the preparation of plans, specifications, and
estimates.
-. Unless otherwise designated in the approved program,
improvements will be constructed by contract in accordance with
regular federal-aid procedures. Such procedures require the
use of Standard Specifications having prior Federal Highway
Administration approval, FHWA approval of plans, special
provisions and estimated costs prior to advertisement, a
certification by LOCAL AGENCY with respect to the right-of-way,
advertisement for a minimum of 3 weeks prior to bid opening,
and prior FHWA concurrence in the award and acceptance of the
contract. The contract will be awarded by LOCAL AGENCY, its
agent, or by STATE as may be determined between the parties
prior to each project advertisement.
5. When an IMPROVEMENT 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 contract
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entered into by LOCAL AGENCY for such work must have prior
approval of STATE and the FHWA. In either event, LOCAL AGENCY
shall enter into an agreement with the railroad providing for
maintenance of the protective devices or other facilities
installed under the service contract.
6 . LOCAL AGENCY shall provide or arrange for adequate
supervision and inspection of each improvement, including
contracts awarded by STATE. With prior Federal Highway
Administration approval, surveying, inspection and testing may
be performed by a consulting engineer provided overall super-
vision of the contractor' s operations and progress is performed
by an employee or employees of LOCAL AGENCY.
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
IMPROVEMENT shall be awarded until the necessary rights-of-way
have been secured. Prior to the advertising of a project 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. LOCAL AGENCY agrees to hold STATE harmless from any
liability which 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 improvement, the payment of damages, as
required, to real property not actually taken but injuriously
affected by the proposed improvement . LOCAL AGENCY shall pay
from its funds any costs which arise out of delays to the
contractor because utility facilities have not been removed or
relocated, or because rights--of-way have not been made
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 may claim reimbursement
from Federal funds for expenditures to purchase rights-of-way
included in an approved program.
4. The LOCAL AGENCY will comply with Title III of the
Uniform Real Property Acquisition Policy.
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5. Whether or not Federal-aid is to be requested for
right-of-way, should LOCAL AGENCY, in acquiring right-of-way
,1-7-for the 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
T-itle 23, U. S. Code . The public will be -adequately-informed
=--of=the relocation payments arid-services which will be available
and to the greatest extent practicable no person lawfully
occupying real property shall be -required to move -from his
- dwelling or to move his business or farm operation without at
—least 90-days written notice from the LOCAL AGENCY. LOCAL
"AGENCY will provide the State with specific assurance, on each
project, that no person will be displaced until comparable
decent, safe and sanitary replacement housing -is available
- "within a reasonaole period of time prior to displacement, and
that LOCAL AGENCY' S relocation program is realistic and is
adequate to provide orderly, timely and efficient relocation
of displaced persons for the project as required by FHWA
directives.
ARTICLE IV - FISCAL PROVISIONS
1. When a Federal-aid IMPROVEMENT 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 immediately following contract award or at option of
LOCAL AGENCY will submit monthly bills during life of contract .
2. The estimated total cost of -Federa-1 aid- projects, the
amounts of Federal-aid programmed, and the matching amounts
agreed upon may be adjusted by mutual consent of the parties
hereto, provided funds are available -to cover -increases and
provided Federal Highway Administration concurs in any increase
in the Federal-aid - - - - `- 3. Upon submittal by LOCAL AGENCY of a- statement of
expenditures for Federal-aid improvements, STATE will pay its
agreed share and will advance -an amount equal to the legal
pro rata federal share of the costs believed to -be eligible
for participation with federal funds and will voucher Federal
Highway Administration for subsequent reimbursement.
4. LOCAL AGENCY shall use "nonfederal" funds to finance
the local share of eligible costs and expenditures ruled
ineligible for financing 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 .
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5. When any portion of a LOCAL AGENCY project is 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 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 apportion-
ments 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 or to be paid by STATE hereunder.
ARTICLE V - MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect unless and
until said project has been authorized by the Federal Highway
Administration.
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 jurisaictlon, have
prescribed certain employment practices with respect to contract
and other work financed with Federal or State funds LOCAL
AGENCY shall insure that work performed under this agreement
is done in conformance with rules and regulations embodying such
requirements where they are applicable. Any agreement or service
contract entered into by a LOCAL AGENCY for the performance of
work connected with this agreement shall incorporate Exhibit "A"
attached hereto, or such other provisions as STATE or Federal
Highway Administration may prescribe .
3. When Federal funds are to participate in the cost of
the work done by a consultant, the agreement or contract with
the consultant may not be executed or awarded until the selection
of the consultant and the terms of the agreement or contract have
been found by STATE to be in conformance with Federal Policy and
Procedures and have been approved by the Federal Highway
Administration. Such agreement or contract snail 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 terms of the
agreement or contract . All major changes in the agreement or
contract must have prior approval of the Federal Highway
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I
Administration. All such approvals shall be requested through
STATE. As soon as agreement or contract with consultant has
been awarded five certified copies of said agreement or contract
shall be submitted to STATE. -
4. LOCAL AGENCY and its contractors shall retain all
original records and documents relating to work hereunder
financed in part with federal funds and shall make same
available for inspection by STATE and Federal representatives
upon request. Following final settlement of the project
accounts with the Federal Highway Administration, such records
and documents may be microfilmed at the option of LOCAL AGENCY
but in any event shall be retained for a period of three years
after submission of the final voucher for the project or a
four-year period from the date of final payment under the contract,
whichever is longer.
5 . (a) Neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by a LOCAL AGENCY
under or in connection with any work, authority or jurisdiction
delegated to a LOCAL AGENCY under this agreement. It is also
understood and agreed that , pursuant to Government Code Section
895 .4, LOCAL AGENCY shall fully indemnify and hold STATE harm-
less 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 LOCAL AGENCY under or in
connection with any work, authority or jurisdiction delegated
to LOCAL AGENCY under this agreement .
(b) Neither LOCAL AGENCY nor any officer or employee
- thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this agreement . It is
also understood and agreed that, pursuant to Government Code
Section 895 .4, STATE shall fully indemnify and hold 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 delegated to STATE under
this agreement .
ARTICLE VI - MAINTENANCE
- I . Upon acceptance by the awarding authority of a
completed Federal-aid improvement project or upon the contractor
being relieved of the responsibility for maintaining and pro-
tecting a portion of the work, the agency having jurisdiction
over the street shall maintain the completed work in a manner
satisfactory to the authorized representatives of the United
- States. If, within 90 days after receipt of notice from STATE
—6—
that a project on a street 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 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 street 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 Traffic opera Lions improvements on
local streets shall be maintained 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.
•
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IN WITNESS WHEREOF, the parties have executed this
agreement by their duly authorized officers.
STATE OF CALIFORNIA CITY OF REDLANDS
Department of Transportation
Division of Highways
HEINZ HECKEROTH By
Assistant Director, Highways e Mayor
ATTEST:
By City Clerk
Chief, Office of a sstan e sc
Approval Recommended :
A AglIP
-mod.
Di {-t ct i actor of 1. nsportation
,0( iggigiral )
e
. A., Assista ce ngineer
40
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m XxXxxXXXYXXxxXX)0=0 xm
XXXXXXXXXXXXXxkT mX aX XxxXKXX
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EXHIBIT A
NONDISCRIMINATION PROVISIONS:
During the performance of this contract, the contractor, for itself,
its assignees and successors in interest (hereinafter referred to
as the "contractor") agrees as follows.
(1 ) -Compliance with Regulations: The contractor shall _comply___
with the Regulations relative to nondiscrimination in
- Federally—assisted programs of the Department of Transpor—
tation, Title 49, Code of Federal Regulations, Part 21 ,
-- as they may be amended from time to time, (hereinafter _
referred to as the Regulations) , which are herein incor-
porated by reference and made a part of this contract .
(2) Nondiscrimination: Tne contractor, with regard to the
_work_.performed by _it during the contract, shall not dis—
criminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors,
including procurements of materials and leases of equip-
ment . The contractor shall not participate either directly
or indirectly in the discrimination prohibited by
Section 21 .5 of the Regulations, including employment prac—
tices when the contract covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements
of Materials and Equipment: In all solicitations either
by competitive bidding or negotiation made by the con—
tractor 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 national 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 informa—
tion, and its facilities as may 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 contractor
is in the exclusive possession of another who fails or
refuses to furnish this information, the contractor shall
so certify to the State highway department, or the Federal
Highway Administration as appropriate, and shall set forth
what efforts it has made to obtain the information.
_9,
8 ,
s ° 1
(5 ) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this
- - contract, 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 con-
tract, in whole or in part.
(6) Incorporation of Provisions. The contractor shall include
the provisions of paragraphs (1) through (6) in every sub-
contract, including procurements 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 Adminis-
tration may direct as a means of enforcing such provisions
Including sanctions for noncompliance: Provided, however,
that, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request
the State highway department to enter into such litigation
to protect the interests of the State, and, in addition, the
contractor may request the United States to enter into such
_ litigation to protect the interests of the United States.
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LOCAL AONCY of Redlands
e , 4
DATE August 254 197!
SUPPLEMENT NO
TO LOCAL AGENCY — STATE
AGREEMENT NO.
PROGRAM
of
LOCAL AGENCY FEDERAL AID SAFETY IMPROVEMENT PROJECTS
in the
City of Redlands
Local Agency
Pursuant to the Federal Highway Safety Act, the attached "Program"
of Federal Aid Projects marked "Exhibit B" 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 , 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/CResolution No. approved by the City
Council on (see copy
attached) .
City of Redlands
Local Agency
By
Title
Attest.
Clerk
Approved for State
HEINZ HECKEROTH
Assistant Director, Highways
By Chief, Office of L al Assistance
Department of Transportation
Form DH-OLA-431 (1-75)
PROGRAM EXHIBIT B
of
LOCAL AGENCY FEDERAL AID SAFETY IMPROVEMENT PROJECTS
DATE August 25, 1975 PROGRAM SUPPLEMENT N0 1 LOCAL AGENCY City of Redlands
Project No Location & Description � Total Cost (Est ) Federal Funds Matching Funds* 10%
%S-0ooS(93) Replace open ditch along $357,500 $321,750 $35,750
Garden Street, between
Eucalyptus Drive and
Mariposa Drive, in the
City of Redlands11
•Local Agbncy Funds unless
otherwise specified
The last sentence of Part 4, Article V, of the Master Agreement for the Federal-Aid (Urban System/
Safety Improvement ) Program between , and the State on
regarding the time which project documents must be retained is superseded. Following final settlement
of the project accounts with the Federal Highway Administration, such records and documents may be
microfilmed at the option of LOCAL AGENCY but in any event shall be retained for a 3-year period after
submission of the final voucher or a 4-year period from the date of final payment under the contract,
whichever is longer
Special Covenants or Remarks 1 All maintenance involving the physical condition and the operation of the improvements, referred to
in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by
at regular intervals, as required
for efficient operation of the completed improvements, and in a manner
satisfactory to the authorized representatives of The United States
2. The actual funds for the project will be set up on the basis of contract
prices after bids for the work have been opened. The City agrees to use
maximum Federal Funds participation and accepts any increase in Local
Agency funds.
DH-OLA-432 ( 7-75) 3. The State will administer this project.
UNFINISHED BUSINESS (Continued)
AYES - Councilmembers Knudsen, Miller, Elliott
NOES - Councilmembers Grace, Mayor DeMirjyn (who did
not agree with the retroactive aspect of the
change)
ABSENT. None
NEW BUSINESS
Ordinance No. 1589, an ordinance of the City of Redlands
amending the Redlands Ordinance Code, as related to the
Ordinance abatement of weeds and rubbish, to add a $25.00 service
No. 1589 charge in addition to the cost of the abatement work
which is done by city crews or private contractors on
Weed and the order of the Fire Department City Attorney Taylor
Rubbish recommended that the words "fox each parcel" be inserted
Abatement after the $25 00 figure. With the change, Council con-
curred in the first reading of Ordinance No 1589 and
the second reading to be held September 21, 1976
CITY MANAGER
Assistant City Manager Archbold presented a grant deed
to the City of Redlands from R C Hardy and W. T. Hardy
Grant Deed as trustees for the estate of Alice C. Hardy in connec--
Hardy tion with street right-of-way purposes on Center Street.
On motion of Councilman Knudsen, seconded by Councilwoman
Grace, this grant deed was unanimously accepted by the
City Council.
A management study of the Utilities Division to be made
by the H B. Maynard and Company, Inc. was approved with
authorization for expenditure of the $10, 000.00 fee, the
Funds funds to come from the Water Division Funds , and the City
Manager authorized to sign the agreement. This was
Management approved on motion of Councilman Knudsen, seconded by
Study Councilman Miller, by the following roll call vote-
AYES : Councilmembers Knudsen, Miller, Grace, Mayor
Utilities DeMirjyn
Division NOES: Councilmember Elliott (who expressed the belief
that none except emergency expenditures should
be made until the fire and safety salary nego-
tiations are settled)
ABSENT- None
Page five -
September 7, 1976
CITY MANAGER (Continued)
Mayor DeMirjyn presented the Agreement and Supplement
No. 1 with the State of California Department of Trans-
portation. This agreement provided that the Garden
Street Drain - Federal Highway Safety Project - will be
administered by the State at a considerable savings to
the City of Redlands, with the cost to the City for
Garden St. administration expected to be $3, 500. 00. Following
Drain discussion, on motion of Councilman Miller, seconded by
Councilwoman Grace, the was a
project pproved; ratifi-
cation of the Agreement was authorized with the Mayor
directed to sign the Agreement in behalf of the City.
a. This Council action was unanimously taken
CITY ATTORNEY
City Attorney Taylor presented a draft of a resolution
of the City Council for the adoption of a Conflict of
Interest Code applicable to the members of the City
Council pursuant to the Political Reform Act of 1974.
The resolution is being brought to Council for their
consideration and particularly for any additions in
Conflict of Section 4, which would govern Commission members or
Interest Board members of any city agency. Following explana-
Code tion by Mr. Taylor, on motion of Councilman Miller,
seconded by Councilwoman Grace, a public hearing on
the Conflict of Interest Code was unanimously autho-
rized for October 5, 1976, with the City Clerk directed
to place notices in the newspaper.
Bills and salaries were ordered paid as approved by the
Finance Committee.
There being no further business, Council adjourned, on
motion at 8-00 P.M.
Next regular meeting September 21, 1976.
Respectfully submitted,
Cit ` -rk
Page six -
September 7, 1976