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HomeMy WebLinkAboutContracts & Agreements_7-1977 STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G BROWN JR. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8, P 0 BOX 231 '_d SAN BERNARDINO CALIFORNIA 92403 March 17, 1977 N C) co t yJ 4y �2 1 4 r Mr. John Donnelly City of Redlands P. 0. Box 280 Redlands, CA 92373 A Dear Mr. Donnelly: Attached are four originals and one copy of a Local Agency- State Agreement arranging for financial assistance for repairs to various Federal-Aid system roads under Section 125 of Title 23, U.S. Code, for storm damage sustained in September, 1976. After execution, please return the four original agreements along with five copies of the authorizing resolution to this office. After final execution, one original will be returned to you. Should you have any questions, please call Fred Mielen at (714 ) 383--4579. Very truly yours, J. E. PEDDY District Director n K. Feenstra cal Assistance Coordinator Page 1 of 8 LOCAL AGENCY-STATE AGREEMENT FEDERAL-AID EMERGENCY RELIEF PROJECT $ate ; dina 'District County FEDERAL PROJECT � . .. City Sty is THIS AGREEMENT, made in duplicate this 5th day of April 19 7 , by and between the City of Redlands , a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY" , and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE" . WITNESSETH WHEREAS, under the provisions of Section 125 of Title 23, United States Code and other Federal-Aid Highways Acts Federal emergency funds are authorized for expenditure to repair or reconstruct Federal-aid highways, forest highways, forest development roads and trails and other federal routes which have suffered serious damage as a result of disaster; and WHEREAS, facilities of the above nature within the jurisdiction of LOCAL AGENCY are in need of such repair or reconstruction, and WHEREAS, under Federal Law, STATE is required to enter into an agreement with LOCAL AGENCY relative to prosecution of the said repairs or reconstruction and maintenance of the completed work. NOW, THEREFORE, the parties agree as follows: ARTICLE I - Contract Administration 1. The repair or reconstruction work described in Exhibit A, hereinafter referred to as "the project" , shall be constructed as provided in this agreement. 2. Upon a finding of "Public Interest" by STATE and with Federal Highway Administration approval construction work may be performed by LOCAL AGENCY forces. Otherwise the work will be performed by contract and at its option STATE will make final preparations for advertising, advertise and award the contract, and make payments to the contractor as the same become due. 3. The estimated cost of the project is as shown in Exhibit A hereto. A contract for an amount in excess of said estimate may be awarded and project expenditures may exceed said estimate if fT-T_nT A_ ono (n-, n '-rr\ Page 2 of 8 both STATE and LOCAL AGENCY concur in the amount of and the necessity far the excess and sufficient money is available to finance same , but in no case shall the total cost of the contract be in excess of 125% of the total cost shown in Exhibit A 4. When work is to be done by State contract , LOCAL AGENCY shall deposit its share of the estimated cost, specified in Exhibit A, with STATE prior to the time funds are required for reimbursement to the contractor. STATE will bill LOCAL AGENCY for the amount due immediately following award of the contract. Funds deposited prior to contract award which are in excess of requirements will be refunded to LOCAL AGENCY. Should the 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, shall withhold equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. 5. STATE shall exercise general supervision over the work and may assume full and direct control over the project whenever STATE, in its sole discretion, shall determine that STATE'S responsibility to the United States so requires. 6. 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 jurisdictions, 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 the rules and regulations embodying such requirements where they are applicable. Any agreement or service contract entered into by LOCAL AGENCY for the performance of work connected with the project shall incorporate Exhibit B attached hereto. 7. All costs properly chargeable to the project but ruled ineligible under Federal-aid Highway Acts shall be paid by LOCAL AGENCY and shall not be reimbursed by STATE. ARTICLE II - Rights of Way 1. Such rights of way as are necessary for the construction of the project shall be furnished by LOCAL AGENCY and no contract for the construction of the project or any portion thereof shall be warded until the necessary rights of way have been secured. Prior to the advertising of the project LOCAL AGENCY shall furnish STATE with evidence that necessary rights of way are available for con- -truction purposes or will be available by the time bids are opened. 2. The furnishing of rights 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, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement.. LOCAL AGENCY shall pay from its funds the cost of acquiring rights of way and any costs which arise out of right of way litigation, or out of delays to the Page 3 of 8 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. Whether or not Federal-aid is to be requested for right of way, should LOCAL AGENCY, in acquiring right of way for the Emergency Relief Project, displace an individual, family, business farm operation, or nonprofit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title ;'3, U.S. Code. The public will be adquately informed of the relocation payments and services which will be available and to the greatest extent practicable no person lawfully occupying real pro- perty 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 dis- placed until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that LOCAL AGENCY'S relocation program is real- istic and is adequate to provide orderly, timely and efficient relocation of displaced persons for the project as provided in FHWA Instructional Memorandum 80-1-71, dated April 30, 1971. ARTICLE III - Engineering 1. "Preliminary engineering" as used herein includes all preliminary work related to the project, including but not re- stricted to preliminary surveys and reports , laboratory work, soil investigations, preparation of plans, designs, and advertis- ing. "Construction engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, field reports and records, estimates , final reports, and allowable expenses of employees engaged in such activities. ?. Preliminary and construction engineering costs included in the estimate contained in Exhibit A may be financed with project funds. The remainder of such costs shall be financed by LOCAL AGENCY without reimbursement. When preliminary engineering or construction engineering costs incurred by LOCAL AGENCY are to be financed with project funds, STATE shall reimburse LOCAL AGENCY for services performed on the basis of the actual cost thereof to LOCAL AGENCY, including compensation and expense of personnel working on the project , required materials , and automotive expense provided , however, that LOCAL AGENCY shall contribute its general administrative and overhead expense. Payments for such services shall be made by STATE upon receipt of invoices from LOCAL AGENCY prepared in such form and supported by such detail as may be prescribed by STATE. 3. Unless the parties shall otherwise agree in writing, LOCAL AGENCY'S employees shall p.'rform all engineering work. When preliminary or construction engineering for the project is performed by STATE, charges therefore shall include all direct and indirect costs in accordance with the State Administrative Manual The portion of such charges not financed with Federal funds shall be paid from funds of LOCAL AGENCY Page 4 of 8 ARTICLE IV - Miscellaneous Provisions 1. This agreement shall have no force or effect unless and until the project is approved by the United States, nor shall any of the Federal funds provided herein be expended unless and until the Federal Government has agreed and is obligated to reimburse STATE in full for the amount of Federal funds to be expended. 2. (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 LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to 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 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 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 not delegated to LOCAL AGENCY under this agree- ment. 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 not delegated to LOCAL AGENCY under this agreement. 3. Auditors of STATE and the United States shall be given access to COUNTY'S books and records for the purpose of checking costs paid or to be paid by STATE hereunder. All project documents will be available for inspection by authorized State and FHWA personnel at any time during the project development and for a -year period after FHWA payment of final voucher or a 4-year period from the date of final payment under the contract , whichever is longer. 4. Upon acceptance of the completed project by the awarding authority, or upon the contractor being relieved of the duty of maintaining and protecting certain portions of the work, LOCAL AGENCY shall maintain the project or such portions of the work in a manner satisfactory to STATE. If, within ninety days after receipt of notice from STATE that the project or any portion thereof is not being properly maintained, LOCAL AGENCY has not remedied the condition complained of to STATE'S satisfaction, STATE may withhold the programming of further Federal-aid projects of LOCAL AGENCY until the project shall have been put in a condition of maintenance satisfactory to STATE. 5. Nondiscrimination Provisions, Exhibit B, are hereby considered a part of this agreement . Page P 5of 8 ARTICLE V - Condition of Acceptance As a condition of acceptance of the Federal-aid Emergency Relief monies provided for this project, LOCAL AGENCY will abide by the Federal and State policies and procedures pertaining to the Local Federal-aid Secondary Program. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA City of Redlands Department of Transportation LOCAL AGENCY '� . 00441411 HEINZ HECKEROTH 2 / //i_4 . Assistant Director, Highways Cha trir7Y !Mayor ' ' �1C� NAL SIGNED A. C. STEP By ATTEST Chief, Office of Local Assistance Peg Mose ey City Clerk Approval Recommended ORIGINAL SIGNED BY i. E P EDDY District Director of Transportation Approved as to Form and Procedure. Attorney, Department of Transportation nu—nT A 21)Q (Pair 7-7c) Page 6 of 8 EXHIBIT A ARTICLE VI - Project Location and description of work proposed: ER-809 (l) - Various locations on FAU routes - R029, R028 , R019, R031; Emergency Opening. ER-809 (2) - FAU--R028, Citrus Avenue, Orange to Eureka; Restoration, Storm damage to construction contract, ARTICLE VII - Proposed Project funding: Total Cost ER Funds ER-809 (1) $53 , 100 $53 , 100 ER--809 (2 ) 13 , 700 13 , 700 $66 ,800 $66 ,800 1. The estimated total cost of the work included in this agreement is $66 ,800. 100% of the eligible cost is expected to be reimbursed from Federal Emergency Relief Funds. 2. Actual cost of the work may be either more or less than the amount shown. Any deficiency between what is to be reimbursed to the State by the Federal Highway Administration for the described work and the actual cost of said work will be the responsibility of City of Redlands. Should the City fail to pay any such deficiency within 30 days of demand, or within such other period as may be agreed upon between the parties , State , acting through the State Controller, may withhold an equal amount from future apportionments due the City from the Highway Users Tax Fund. 3. All work contemplated under this agreement shall be completed by September 30 , 1977 . Page 7 of 8 EXHIBIT B ARTICLE VIII - 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 will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally-assisted programs of the Depart- ment of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter 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 after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in tt " d/ serimination prohibited by Section 21.5 of the Regulations , iruiuding employment practices 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 contractor for work to be per- formed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor' s obligations under this contract and Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, 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, orders and instructions. Where any information required of a contractor is in the exclusive posses- sion 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. (5) Sanctions for Noncompliance: In the event of the contrac- tor' 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 DH-OLA-209 (Rev. 7-75) Page 8 of 8 (b) cancellation, termination or suspension of the con- tract, in whole or in part. (6) Incorporation of Provisions The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will 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 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 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. UNFINISHED BUSINESS Ordinance No. 1606, an oidinance of the City Council amending the Ordinance Code as relates to public parking Ordinance lots, was given second reading of the title and adopted, No. 1606 with waiver of the reading of the ordinance in full, on motion of Councilwoman Grace, seconded by Councilman Parking Knudsen, by the following roll call vote: Lots AYES : Councilmembers Knudsen, Elliott, Grace, Mayor DeMirjyn NOES : None ABSENT: Councilman Miller A request of Mx. Sam Herd or Banning, Cal2foLnia, for Ambulance a franchise to opeiaLe eweegency ambulance in the City Franchise of Redlands, was removed from the table- and, on motion Request of Councilman Knudsen, seconded by Couneilman Elliott, was referred to the City Managei for study and response, by AYE votes at all present. NEW BUSINESS Resolution Resolution No. 3339, a resolution of the City Council No 3339 establishing two-hour parking on certain streets within the City of Redlands, was adoptell on motion of Council- Two-Hour woman Grace, seconded by Councilman Elliott. by AYE Parking votes of all present. Resolution Resolution No. 3340, deciaiing the intention of the City No. 3340 Council to vacate a portion of Brookside Avenue, and Intent to setting the public hearing for April 19, 1977 at 7:00 P.M. Vacate was adopted by AYE votes of all present on motion of Councilman Knudsen, seconded by Councilwoman Grace. Brookside Avenue Resolution Resolution No. 3341, a resolution of the City Council No 3341 declaring intention to vacate a portion of Olive Avenue and setting the public hearing for 7 .00 P.M. on April 19, Intent to 1977, was adopted by AYE lobes of all present on motion Vacate of Councilwoman Grace, seconded by Councilman Knudsen. Olive Ave. Resolution Resolution No. 3337 , amending the salary resolution as No. 3337 relates to the Building and Safety Department was adopted by aYE votes of all present, on motion of Councll- Amend man Knudsen, seconded by Councilwoman Grace, Salary Resolution Page seven - April 5, 1977 CITY MANAGER Bid Call The City Clerk was authorized to advertise for bids for Church St. the widening of Church Street between the American Widening Legion Post and San Bernardino Avenue, on motion of Councilwoman Grace, seconded by Councilman Knudsen. A Local Agency State Agreement was authorized for Relief DisasteFund r signature by the Mayor and City Clerk in order that the Agreement City may receive Disaster Relief Funds for the storm damage of September 24, 1976 , The motion of Councilman Elliott, seconded by Councilman Knudsen, was adopted by AYE votes of all present. Funds A park Department request for $2, 200.00 for lights for Lawn the East Lawn Bowling Area was authorized. Council Bowling noted that the Lawn Bowling Association had donated Lighting $2, 000.00 toward the 5'4, 200 .00 requared. Council discussed at length the request from Omnitrans OMNITRANS for participation by the City of Redlands in a loan. The Loan City' s portion will he $118,000.00. Councilman Elliott explained the background of the Omnitrans problem, which Funds arises from a lack of cash flow from Federal funds. On motion of Councilman Knudsen, seconded by Councilman Elliott, the loan was approved, with authorization of a letter to the proper authorities expressing the Council ' s concern with these procedures. Grant Deed- On motion of Councilman Elliott, seconded by Council- Witham woman Grace, authorization was given for the acceptance Ranch of a grant deed for street purposes from Witham Ranch. Item Number 13 (f) deals with the City Clerk' s office so will be reported as nearly verbatum as possible from the Council tape recording. Mr. Mitchell : "The next item, Mr. Mayor, is a troublesome little item kicking around that I reluctantly bring to you. It deals with a part-time employee in the City Clerk' s office which I feel is operating in violation of the Personnel Rules and Regulations, and I feel should be resolved in all fairness to the person who is filling the job. " Councilman Knudsen: "Mayor DeMirjyn, to put the matter on the table, I will move that the City Personnel Rules and Regulations concerning fringe benefits to part-time employees shall be maintained at this time. " Councilman Elliott: "I' ll second the motion. " Page eight - April 5, 1977