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HomeMy WebLinkAboutContracts & Agreements_17-1975_CCv0001.pdf LOCAL A NCY-STATE AGREEMENIT for Federal-aid Urban SystemProjects F.A.U. 8 San Bernardino Redlands . or AGREEMENT NO. 6 S&E-WHArKno- MASTER AGREEMENT URBANIZED AREA Name Riverside URBANIZED ZED AREA No. THIS E EN , made ill duplicate this 22nd day of April 19 75 by and between Cite of Redlands _ political .bdi i Tf the State of California, hereinafter referred to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting b and through the Division of Highways of the Department of Transportation, hereinafter referred to a "STATE". WITNESSETH: WHEREAS, the Congress of the United States has in the Federal- Aid ede aiAir highway Act of 1970 declared it to be in the national interest for Federal Funds to be expended for highway and fringe parkin projects on the Federal-aid Urb .r? System within b nixed areas; and WHEREAS, the Legislature of the Stare of California has enacted ri Otapt 201 of the Statutes of 1971, by which the federal funds authorized a be made available for use on county highways, city streets, state highways and fringe parking in urbanized areas in accordance with she intent of the federal act; and WHEREAS, there mists a compelling ee for improvements of streets and highways and fringe parking facilities s $thin the boundaries fLOCAL AGENCY; and WHEREAS, T�X YERE , LOCAL AGENCY and STATE��, e �w Ana refore desire to make use of such FAU funds as may be made available within time jurisdictio.al boundaries of said LOCAL AGENCY; and WHEREAS, before Federal-aid will be made available for FAU program, LOCAL AGENCYand STATE are required to enter into an agreement relativeto prosecution of the said project and maintenance of e completed facility. DH-OLA- 40? FAU AGREEMENT THEREFORE, the parties agree as follows : ARTICLE 1CONDI!iONS 1$ The project is located on an approved Federal.-aid Urban System route. 2. The project is part of a program which serves to implement an areawide plan held currently valid by the regional trasprta t ien policy board. 3. Federal funds may participate only in work which has been officially programmed to and authorized by the Federal Highway Administration istratio in advance of its performance. . TI 11 FAIT l 1 e to "FAU IMPROVEMENT" as used herein means anv con- struction ern-st® ctio that is financed in part with federal funds provided in accordance with Section 106 of the Federal Aid Highway Act of 1970. 4 LOCAL AGENCY may submit for consideration and approval. of STATE and Federal Highway Administration programs for FAU improve- ments when the following items have been completed: a e Federal-aid Urban System Approved b. The County' s Procedures and Criteria Approved c. The project selected by the County on the basis of e established kriteria 3. Bless otherwise delegated the County Board of Supervisors shall provide an endorsement that the project(s) was chosen for U funding. 4. The program shall be in a form, prescribed by STATE and shall designate the federal funds requested and the matching funds to be provided by LOCAL AGENCY and if a Mate Highway is involved the matching funds to be provided by STATE. Adoption of the programs 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 prograrm shall be approved by the LOCALENIC ' governing body. Cooperative projects in- cluding ns cl, di work on a State highway shall be the subject of a separate cooperative ire areeet. e In processing F U IMPROVEMENTS, AGENCY will conform„1 to all. STATE statues, regulations and procedures relating to the FAIJ program and to all applicable federal laws, regulations, and FAU AGREEMENT - policy and procedural or instructional memoranda. This includes,, but is not limited to, the holding of public hearings whier. required, the publishing of various press notices, and the preparation of plans, specifications, and estimates. 6. Unless o'*Chericise designated in the approved program, FAU improvements will be constructed by contract in accordance with regular federal-aid primary and urban fund 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. Me contract will be awarded by LOCAL AGENCY, its agent, or by STATE as may be determined between the parties prior to each project advertisement. When a FAU IMPROMqEN'T 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 entered into by LOCAL AGENCY for such work mrust have prior approval of STATE and the FHWA (if Federal funds are used) . In either event, LOCAL AGENCY shall enter into an agreement with the rail- road providing for maintenance of the protective devices or other facilities installed under the service contract. S. WCAL AGENCY shall provide or arrange for adequate super- vision and inspection of each PAT,' 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 supervision of the contractor's operations and Progress is performed by an employee or employees of LOCAL AGENCY. 9. STATE shall exercise general supervision over FAU improvements and may assume full and direct control over the proj- ect TWhenever 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 FAU IMPROVEMENT shall be awarded until the necessary rights of way have been secured. Prior to the advertising of a project on local street, LOCAL -AGENCY shal'I certify and upon request shall furnish STKLE With evidence that necessary rights of way are available for con- struction purposes or will be available by the time of contract award. -3- F NI 2. LOCAL AGENCY agrees to holdATE harmless from any liability which may result in the event the right of way is not clear as certified. lho furnishing of right of way as provided for herein includes, in addition to all real property required for the improvement, 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 ABY shall pay from its funds any casts which arise nut of delays t the contractor because utility facilities have not been removed or relppated, or because rights of way have not been macle available to the contractor for the orderly prosection of the work. 3. Subject to STATE approval and such supervision over CALF AGENCYS AGENCYright of way acquisition procedures as STATE may determine is necessary, LOCAL AGENCY may clam reimbursement from Federal funds for expenditures to purchase rights of way included in an approved program. 4. The FOCAL AGENCY will comply with Title III of the Un .fo Real Property Acquisition Policy. 5. Whether or not Federal-aid is to be requested for right f way, should LOCAL AGENCY, in acquiring right of way for U 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 2 , Code. The public will be adequately informed of the relo- cation 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 move his business or farm operation without at leastwritten 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 dousing is available wit in a reasonable period of time prior to displacement, and that LOCAL AGENCY'S relocation program. realistic and is adequate to provide orderly, tirmely and efficient relocation of displaced persons for the poet as provided in AWA Inst ct 1-ona l Memorandum, 1 80-1-71, dated April 30, 1971. Ali 1 E 1 FISCAL PROVISIONS 1. Mien an FAU !MPROVEMENT contract is to be awarded by STATE, matching f=ends will be provided by LOCAL AGENCY prior to the time that such funds are required to reimburse contractor. STATEwill bill LOCAL AGENCY for amount due immediately following contract award or at option of LOCAL AGENCY will submit monthly `dills during life cif contract. ACJ AGREEMENT . The estimated total cost of FAU projects, the amounts of Federal-aid r r . ie , and the watching 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 i the Federal-aid. However, this is not to be construed to mean that the original programmed participation percentage ratio will be changed. 3. Upon submittal by LOCAL AGENCY of a statement of expendi- tures xpend- t res for FAU improvements, STATE'E will pay its agreed share and will advance an amount equal to the legal pro rats: federal share f the casts believed to be eligible for participation with federal funds and will voucher federal Highway Administration for subsequent reimbursement. 4. LOCAL AGENCY spall use "nonfederal" fuds to finance the local share of eligible costs and expenditures rul.ed 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 e retired to STATE upon demand. 5. When any portion of a LOCAL AGENCY project is perfonned by. S M, charges therefor sell include assessment on direct labor costs in accordance with Section 8:55$ 1 of the State Administrative istrative ual. The portiere of such charges not financed with Federal funds sell be paid from funds of LOCAL AGENCY. 6. Should LOCAL AGENCY f .il to pay monies due STATE within -days of demand or within such other period; as may he agreed between the -parties hereto, STATE, acting through State Controller, may withhold an equal amount from future apportionments due L AL AGENCY from the Highway Users Tax Fund. 7. Auditors of STATE and the United States sell he given access to LOCAL AGENCY'S hooks and records and shall be given such assistance and information as is requested for the purpose f checking costs paid or to be paid by STATEE hereunder. ARTICLE MIS E E US PROVISIONS 1. This agreement shall have no force or effect unless and until the projects have been approved by the Federal Highway -Administration. FAU AGREEMENT 2. The Congress of the United States, the Legislature of the State of California, and the Governor of theState of California, each within their respective jurisdiction, 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 "All 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 work done by a consultant, the agreement or contract with the consultant may not be executed or awarded until the selection of the consul- tant and the terms of the agreement or contract have been found by STATE to be in conformance with Federal Policy and Procedure Memorandum No. 40-6 and have been approved by the Federal Highway Administration. 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 terms of the agreement or contract* All major changes in the agreement or contract must have prior approval of the Federal Highway Administration. All such approvals shall be requested through State. As soon as agreement or contract with consultant has been awarded five certi- fied 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 High- way 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. 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 harmless from any liability imposed for injury (as defined by Government -6- FAU AGREEMENT 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 dele- gated to LOCAL AGENCY under this agreement. It is also under- stood 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 Goverment 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 jurisidction not delegated to LOCAL AGENCY under this agreement. ARTICLE VI - MAINTENANCE 1. Upon acceptance by the awarding authority of a completed FAIT improvement project or upon the contractor being relieved of the responsibility for maintaining and protecting 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 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 or which has been removed from Federal-Aid Systems. 2. The maintenance referred to in paragraph I above includes not only the physical condition of the facility but its operation as well. Traffic operations improvements on local streets shall be maintained at no cost to the Federal Highway Administration or STATE 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. -7- FAU AGR ENI IN 19ITNESS WHEREOF, the parties hand executed this agreement by their duly authorized officers. STATE OF CALIFORNIA CITY OF RZDLANDvS Department of Transportation Division of Highways HrEIN'Z HECKEROTH A As sistant Director, Highways Director, By �6�yor By' Z_ ATTEST Z Approval Recommended: DistricX Director of Tpansportatiu—n ssist-andd Engineer 10 -8- FAU AGREEMENT 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 : ( --Compliance with Re atin s : The contractor shall comply with the Regulations relative to nondiscrimination in Federallyassisted 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. ( ) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not dis- criminate iscr mate on the grounds of race, color, or national origin in the selection and retenti Sanctions for Toncorpliance• 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, t .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 In orporati.on 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. e contractor shall take such action with respect to any subcontract or procurement as the Mate highway department or the Federal Highway Adminis- tration may direct as a means of enforcing such `provisions including sanctions for non -compliance. 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 Mate, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 1 C CT SkC 6-74