Loading...
HomeMy WebLinkAbout12741 ~ 1 ~...._._,..--...,.~,-~--"".",..-"-~"<<--":....,!.;"..,.",,.;;,--.,,.~."...~'._,--, ' ._'-'".~-~"""""."'-"'-~'--~--~ RESOLUTION NO~ /..~ 7~/ , . 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LOCAL AGENCY-STATE AGREEMENT ER-81, 3 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO FEDERAL PROJECT ER-812 (1), FOR 4 RESTORATION WORK ON ALABAMA STREET (FAU-R032) AT CITY CREEK. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION ONE: The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, Local Agency- State Agreement No. ER-81, between said City and the State of California, acting by and through its Department of Transportatfo~ relating to Federal Project ER-812 (1), for restoration work on Alabama Street (FAU-R032) at City Creek, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length herein. SECTION TWO: The restoration work referred to in Local Agency-State Agreement ER-81 shall be done by City Forces. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a . ~;~ . :::~:y t::e::l::~:n v:::. to-:'~ AYES: Councilmen day of NOES: . ABSENT: ~:..~ ~),/ cie'/ ~4-::P/ t 'II 7-- r day -:/~ ,. 0/ <...,~~-"'./ . ~-/ L 4' /, " , / / City The foregoing resolution is hereby approved this .... .... ~I .: 1 of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'1 18 19 20 21 22 23 24 25 26 27 28 ~ , 1977. yor 0 the City of San Bernardino Pro Tempore FILED API 111971 lUCILU GOfORTH. .. 7. /l~, ... . . ,~,. Page 1 'of 8 LOCAL AGENCY-STATE AGREEMENT ER-81 !"EDERAL-AID EMERGENCY HELIE}i' PROJECrr 08 - San Bernardino D~strict County FEDERAL PROJECT ER-812(1} CITY OF SAN BERNARDINO City Streets THIS AGREEMENT, made in duplicate this day of , 19 , by and between the , 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 EXHIBIT "A" DH-OLA-209 (Rev. 7-75) Page 20f 8.. ~ . . both STATE and LOCAL AGENCY concur in the amount of and the necessity for 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 l25~ 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 ~or 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 '4 II-n-Ot 1'1-' [nf:~ iI_1 .u Page 3 of 8 contractor because utility facilities -have n0t been removed or rp.located, 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 ind~vidual, 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 proyide 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- inp;. "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 ~'rsonnel workin~ 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 writin~, 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 aIT-airecr- and indirect costs in accordance with the State Administrative Manual. The portion of such charges not financed with F~deral funds shall be paid from funds of LOCAL AGENCY. DH-OLA-209 (Rev. 7-75) " 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 ~ederal 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 ~ything 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 5 of 8 ARTICLE V - Condition of Acceptance As a condition of acceptance of the Federal-aid Emergency Relief monies provided for this project, LOCAL AGENCY wi~l 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 Department of Transportation CITY OF SAN BERNARDINO ~~ HEINZ HECKEROTH Assistant Director, Highways BYChie~41 Assistance ATTEST c2(A<- ':-k~<<" Approval Recommended: Director ra nsporta tion Approved as to Form and Procedure: Attorney, Department of Transportation DH-OLA-209 (Rev. 7-75) E I : I l~d .~.. ~ 'I I m~ U61 ';..' . "J' . -.... -, Page 6 of 8 EXHIBI'I' A ARTICLE VI - Project Location and description of work proposed: ER-812(1) - FAU-R032, Alabama St. at City Creek; Restoration ARTICLE VIr - Proposed Project funding: Total Cost ER Funds ER812 (l) $6,000 $6,000 1. The estimated total cost of the work included in this agreement is $6,000. 100% of the eligible cost is to be reimbursed with Federal Emergency Reief Funds. 2. Actual cost of the work may be either more or less than the amount shown. Any deficiency between what is to be reim- bursed 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 San Bernardino. 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. DH-OLA-209 (Rev. 7-75) .... ~"..., ' ' 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. (?) 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 le~ses of equipment. The contractor will not participate either directly or indirectly in th~ dis~rimination prohibited by Section 21.5 of the RegulationE, irh:luding emploYment practices when the contract covers a program set forth in Appendix B of the Rep;ulations. (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 illlder 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 contrac.t; 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) ,~~ r Page g 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 ~ay 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.