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HomeMy WebLinkAbout12442 1 2 3 4 5 6 7 8 9 10 11 12 13 i~ 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO /,;;1, #.;2. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MASTER LOCAL AGENCY-STATE AGRElI'HENT FOR FEDERAL-AID IMPROVEMENT PROJECTS BETWEEN SAID CiTY AND THE STATE OF CALIFORNIA, ACTING B'l' AND THR,OUGH ITS DEPARTMENT OF TRANSPORTATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Master Local Agency-State Agreement for Federal-aid Improvement Projects between said City and the State of California, acting by and through its Department of Trans- portation, a copy of which is attached hereto, marked Exhibit "A" and incor- porated herein by reference as fully as though set forth at length herein. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and C01lDllon Council of the City of San Bernardino at a :7'$. , day of meeting thereof held on the , lS76, by the following vote, to-wit: AYES: Councilmen ~~k-.~~~h-_.... ~~.~4/L<i}. .,~~. NOES: ~ ABSENT :(3 /./~/;jrn4_~/_' a?A~~7f}/~/ ~<3;;:c{: C~ . The foregoing resolution is hereby approved this . . )o!4 day of . . ;p;~ . 1976. / ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form: /~ IC;~y At ey . FILED jUN 111976 LUCILLE GOFORTH, CitY- CIeri( 1Y'l/l. ?htu~DEMt /1 -~.~,. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " .v~ Lclt, A on.y State of California ) County of San Bernardino) SS City of San Bernardino ) I do hereby certify that the foregoing Resolution No. /~~~ is a full, true and correct copy of that now on file in this office. , IN WITNESS WHEaEOF, I have hereunto seal of pf San Bernardino, this . , 1976. set my hand and affixed the ~ day of ~~~ ' C..; cM, . , . .~ , , . LOCAL AGENCY-STATE AGREEMENT for Federal-aid Improvement Projects 08 San Bernardino District County City AGREEMENT NO, 6 MASTER AGREEMENT THIS AGREEMENT, made in duplicate this day of , 197_, by and between the City of San Bernardino , 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, EXHIBIT "A" . " THEREFORE, the parties agree as follows: , . ' ARTICLE I - CONDITIONS I . 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 by 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 QY 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, specificatidns, and estimates. 4. 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 -2- .J O. . 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 shal+ provide of 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 stip~late. 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-or-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. -3- ,. 5. Whether or not Federal-aid is to be requested for right-of-way, should LOCALAGENCY..ln acquiring right-of-way 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 Title 23,U. S. Code. The.public will be adequately informed of the relocation 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 least gO-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 reasonable 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 Federal-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 impro~ements, 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. -4- .J r 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 fa+l to p~y 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. .'i \ 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 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 "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 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 -5- , . 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 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. 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 Habni ty 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 ., 1. 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- r 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 well. Traffic operations improvements on local streets shall be maintained by an adequate and well- trained staff of traffic engineers and technicians. said maintenance staff may be emploY~es.or.a LOCAL AGENCY, another unit of government or a consultahtundercontract with a LOCAL AGENCY. . , .. -7- > , , .. . IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation Division of Highways . HEINZ HECKEROTH Assistant Director, Highways CITY OF San -- ~ A~~' By . . . Chi~ 0 .. ca A$Sist~nce Approval Recommended: on By ATTEST: -8_ " 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: . l . , (1) (2) Comhliance with Regulations: The contractor shall comply wit the Regulations relative to ~ondiscrimination in Federally-assisted programs of th~ 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 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, inc].uding employment prac- tices when the contract covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontracts, Including Procurements of Materials and Eguipment: 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. (3) (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- ~ --" ~ , " . (5 ) Sanctions for Noncomhliance: In the event of the contractor's noncomplianceWithtenondiscrimination 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) Incor oration of Provisions: The contractor shall include t e provisions of paragrap s (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 <;ontra'ctor 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. \ -10-