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Home My WebLink About10588 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31' 32 RESOLUTION NO. /1151J,q 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A LOCAL AGENCY-STATE AGREEMENT BETWEEN SAID 2 CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DIVISION OF HIGH- WAYS OF THE DEPARTMENT OF PUBLIC WORKS, RELATING TO EMERGENCY REPAIRS OF STORM 3 WATER DAMAGE ON ALABAMA STREET AND TIPPECANOE AVENUE AT SANTA ANA RIVER. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO AS FOLLOWS: 5' 6 SECTION ONE: The Mayor of the City of San Bernardino is hereby author- ized and directed to execute on behalf of said City a Local Agency-State AGREE- 7[ MENT, FEDERAL-AID EMERGENCY RELIEF PROJECT, between said City and the State of 8' California, acting by and through the Division of Highways of the Department of Public Works, relating to emergency repairs of storm water damage on Alabama Street and Tippecanoe Avenue at Santa Ana River, a copy of which is attached hereto, marked Exhibit "A" and referred to and made a part hereof as fully as though set forth at length herein. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the .2.'\ffi/ day of 07?//d-Y , 1971, by the following vote, to-wit: AYES: councilmen/;,f'r'/,#.Jllk--: A :?ffz?7Z?/?A/'f/. f~flh77< ~~~, ,~"'.l:170/ . NOES: -;7,.p/7"/ ABSENT: ,haJJh//771/:J?/ /?//-Cml}.1! ~71L1/ '~~~l~~ City Clerk ,/ /' The foregoing Resolution is hereby approved this ~~~/ day of 0m//d/>:f , Mayor of the City of San Bernardino Pro Temp> re Approved as to form: '7 ..~() c-. Ii "1\ ~~ ~~J 30 FIL JAN 2J ~~~~z:::! EXHITIT "A" LOCAL AGENCY-STATE AGREEMENT FEDERAL-AID EMERGENCY RELIEF PROJECf 08 Ian ..nardlno District County FEDERAL PROJECT a.-fie a Q.OAIIl ftllUl' TutBIAllOI A...... THIS AGREEMENT, made in duplicate this _ day of , 19 71 ,by and between the Clt;r .1 ... "nard~ political subdivision 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 Public Works, hereinafter referred to as "STATE" . WITNESSETH: WHEREAS, under the provtsions of Section 125 of Title 23, United States Code and other Federal-Aid Highways Acts Fodoral emergency funds am 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 Of 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 conHtruetod as provided in this agreement. 2, Upon a finding of "Public Interest" by STATE and with Bureau of Public Roads np- proval construction work lIlay be performed by LOCAL AGENCY forces. Otherwise'the work will be performed by contraet nnd at its option STATE will make final preparations for advertising, advertise and awnrd tho contract, and mako payments to tho contractor as tho sumo becomo due. 3. The ostimatod COHt of tho 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 both STATE and LOCAL AGENCY concur in the amount of and tbe necessity for the excess and sufficient money is available to finance same. 4, When work is to be done by State Contract, at any time prior to the scheduled time for bid opening, LOCAL AGENCY may deposit with the Division of Highways its share of the esti- mated cost specified in Exhibit A in order to permit prompt award of a contract on the basis of the lowest satisfactory bid received, In any event, LOCAL AGENCY shall, witbin ten days of being notified of the amount of the bid and the proposed financing, deposit witb tbe Division of Highways the amount spEcified in Exhibit A or sucb lesser amount as may be required to award' a contract on ';he basis pf the lowest satisfactory bid within tbe estimate. Funds so deposited which are in excess of requirements will be returned to LOCAL AGENCY. FOR\f HCC 209 9/69 -1- 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 Sllites 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 chargeahle to the project hut ruled ineligihle 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 he fur- nished by LOCAL AGENCY and no contract for the construction of the project or any portion thereof shall be awarded until the necessary rights of way have been secured. Prior to the adver- tising of the project LOCAL AGENCY shall furnish STATE with evidence that necessary rights of way are available for construction 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 improvement, free and clear of obstructions and encumbrances, the pay- ment 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 contractor because utility facilities have not been removed or relocated, or because rights of way have not been made avai lable to the contractor for the orderly prosecution of the work. ARTICLE III - Engineering 1. Proliminary and construction on~inooring costs included in the estimate contained in E~hibit A may be finaneed with project funds. STATE will reimburse LOCAL AGENCY for ser- vibes performed on the basis of the actual cost thereof, including compensation and expense of personnol working on the project, required materials, and automotive expense, provided, however, that LOCAL AGENCY shall contribute its general administrative and overhead expense. Pay- ments for such services shall be made by STATE upon receipt of invoices prepared in such form and supported by such detail as may be prescribed by STATE, 2. Unless the parties shall otherwise agree in writing, LOCAL AGENCY'S employees shall perform all engineering work. When preliminary or construction engineering for the project is performed by STATE, charges therefor shall include an 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. 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 (,f 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. his agreement. It is also understood and agreod that, pursuant to Government Code Section H95.4, LOCAL AGENCY shall fully indemnify and hold STATE harmless from any liability FORM HCC 209 9/69 -2- imposed for injury (as defined by Government Code Section 810,8) occurring by reason of any- tbing 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. 2. (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 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 any- thing 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 LOCAL AGENCY'S books and records for the purpose of checking costs paid or to be paid by STATE hereunder. 4, Upon acceptance of the completed project by the awarding authority, or upon the con- trac:tor 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 mannersatisfactory 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 mainte- nance satisfactory to STATE. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers, STATE OF CALIFORNIA Depart.llent of Public Works Division of Highways CIt"f OJ' SAIl .-'DUO ::OC"7 ~~/ ~ J.A. LEGARRA State Highway Engineer By J)"P~lty State Hi!";hway }<;ngineer ATTES~~40 ~ Approval Recommended: District Engineer Headquarters Federal Aid and City~County Projects Engineer Approved as to Form and Procedure: Attorne~, Department of Public Works FOR\1 HCC 209 9/69 -3- ," , EXHIBIT B ARTICLE VII - 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) Complianec with Re~ulati()ns: The contractor will comply with the Regulations of the Department of Commerce relative .to nondiscrimination in federally-assisted programs of the Department of Commerce (Title IS, Code of Federal Regulations, Part 8. hereiitafterreferred to as the Reg':!lations), which are herein incorporated by reference and made a part of this contract. (2) Nmlflisl'riminulion: 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 the discrimination prohibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A-II of the Regulations, (3) Solieitation1S for Subeontraets. Including; Proeurements of Materials and Equipment: In all solicita. tions either by competitive bidding or negotiation l?ade by the contractor for.. work to be performed under a subcontract, including procurements of materials or equipment, each pot~ntial subcontractor or supplier shall be r.otified by the contractor of the contractor'3 obligations under this contract and the ~egulations relative to nondisc~:imination on the ground of race, color or national origin. (4) Information and Rcport!S: 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, o,ther sources of information, and its facilities as may be determined by the State Highway Depart- ment or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who falls 'or refuses .to furnish this information, the contractor shall so certify,to the State Highway Depart- ment, or the Bureau of Public Roads as appropriate, and shall set 'forth what efforts it has made to obtain the information. (5) Sane.Liou.... ror Non('()mllliane~(': In the event of the contractor's noncompliance with the nondiscrimi- nation provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Bureau of Public Roads 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 contract, in whole or in part. (6) Ineorporation 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 Bureau of Public Roads may direct as a means of enforcing such provisions including s'anctions' for n-oncompliance: Provided, how- ever, 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 t,) protect the interests of the United States. FORM HCC 209 9/69 -5- , " EXHIBIT A ARTICLE V - Project Location and description of work proposed: ProJect ER460(8) !)ft Alabama .treet, PAS 713, near Santa Ana Rb.r. BR-UO(9) en ft..-canoe Anmae, PAl "19, at lanta Ana IIber. ("'rceney NJNllr. to re.tore tratt1e) ARTICLE VI - Proposed Project funding: 1. 'l'he ..t1ated co.t or the w.rIt ecw.reel b7 thls qre...nt 1.. D-460(8) 0-460(9) 'fOTAL $2,53JJ -IJi .3,264 2. Allor the work 1a expected to be rinanced wlth Pedera1-ald Elaerpnq Rellet fund.. Actual coat. of 811&11>>le work ~ be either IIOre or le.. than$3.264. In &nJ' event the amount paid to the Local As.ncy will be I11B1ted to the actual aaount collected 1>>7 the State t'ro. the lPederal H1P1Ia7 J4-f1'l1.tration tor thll!l work. 3. FOR!1 HCC 209 9/69 -4-