HomeMy WebLinkAboutC-1365 - Local agency, State agreement TOPICSCITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE August 1, 1973
TO: FINANCE DIRECTOR
FROM: City Cleric
Description of Contract
Authorized by Resolution No. 4096 , adopted on 7_9_7A
Effective date of Contract JulV 9, 1973
Contract with
Depaftnent of Public + uivisiG► of Highways
StaS4 of C-1 { ftmis
R re M
Amount of Contract " ,,a,,,a-act
/A7/Jl., /IJ-
0
July 19, 1973
Mr. John W. Shaver
State Department of Transportation
P. O. Box 2304
Terminal Annex
Los Angeles, CA 90051
40
In compliance with my telephone conversation with Mr. Stewart
yesterday, I am enclosing an executed original of Program
Supplement #2 to Local Agency -State Agreement #47 in connection
with the City's agreement with the State regarding TOPICS traffic
signals.
The City Council of Newport Beach authorized the execution of
said supplement on July 9 by the adoption of Resolution No. 8036
of which a certified copy is also enclosed.
Laura Lagios, CMC
City Clerk
LL:dg
Encl. (2)
0
City Clerk
Public Works Depastmeat
Attu: Steve Buckaam
City Clerk
TOPICS Traffic Signals
C -1475 end C -1476
6
July 12, 1973
Attached is a fully executed copy of Program Supplement No. 2 to
Local Agency -State Agreement No. 47 in connection with signals at
Newport Center Drive and Santa Rona Drive and at highland Drive-
20th Street- Irvine Avenue, Dover Drive -16th Street and San Joaquin
Hills Rood -Sauna Crew Drive -Big Canyon Drive for transmittal to the
Skate lAvision of 13igbways. R I C
City Clark
LL:dg
Aft.
cc: Finance Director
0 ;M ,i. a•
of
DATE June 13, _1973
WUPPLEMENT NO 2
TO LOCAL AGENCY — §TATE
AGREEMENT NO' .. 4
ORIGINAL
LOCAL AGENCY TOPICS IMPROVEMENT PROJECTS
in the
City of Newport Beach
Lnnal Agelicr
Pursuant to the Urban Area Traffic Operations bnprovement Act (commencing with Section 3300
of the Streets and Ilir, hway< Code) and to Section 135 of Title 23 U.S. Code, the attached "Pro-
gram" of Traffic Operations Improvements marked "Exhibit. A" is hereby incorporated in that
%faster Aoreenuml for the TOPICS Program which was entered into between the above named
LOCAL AGENCY and the STATE on June_14, 1971 and is subject to
all of the tornas and conditions thereof.
nw subject proimun is adoptod in accordance with Paragraph 5 of Article III of theaforementioned
agreement under authority of City.`50ox Y olution No. 8036 _ approved by the City Council
I3C>YiL4$'X�IiI'SJ'rSa4MdC on .._.... . JUIy_y� 973 _. . (ties copy attached.)
of Newport Beach _
Local lacncy —
Date: JUL 11eA
T;ur Mayor
1ppnrcod for S1 ale
R..1. DATEL
5tnto llo,hu'ac' Engineer
I ih nnrunh 1 iar5on tnpm rrr
Division of If igh ways
Dopw-linvnl. of Puldic Works
FORM Hr:C 2D7 x2/721
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RESOLUTION NO, 8 03 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH TO INCLUDE PROGRAM
SUPPLEMENT #2 TO LOCAL AGENCY -STATE AGREE-
MENT #47, AND AUTHORIZING ITS EXECUTION ON
BEHALF OF THE CITY OF NEWPORT BEACH
WHEREAS, on June 14, 1971, the City Council of the
City of Newport Beach adopted Resolution No. 7451 which auth-
orized the execution of a Local Agency -State Agreement with
the State of California in connection with undertaking and
financing the Newport Beach "TOPICS" Program; and
WHEREAS, City desires to include Contracts Nos.
1475 and 1476 covering installation of traffic signals at
certain intersections in the City as part of said Agreement;
and
WHEREAS, in order to include the above - referenced
projects under the terms of the Agreement, the State of
California requires approval of Project Supplement #2, cover
ing Contracts Nos. 1475 and 1476, by resolution of the govern
ing body of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that Project Supplement #2 to
Local Agency -State Agreement No. 47 is hereby approved, and
the Mayor and City Clerk are hereby authorized to execute the
same on behalf of the City of Newport Beach.
ADOPTED this 9th day of July , 1973.
ATTEST:
City Clerk
F.
zxs ARE
CITY _OP NEWPORT BEACH
CALIFORNIA
DATE March 3. 1972
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C-138S
Description of Contract TOPICS
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Authorized by Resolution No. 7451 , adopted on June 140 1971
Effective date of Contract we do not have an ex&cuted copy of contract as yet.
Contract with De t. of Public works, Division of Highways
State of a
Address 1120 N street
sacramanto, CA 95814
Amount of Contract sec contract
ity e c `
'l DATE
UPPLEM ENT NO
LOCAL AGENCY = STATE
PROGRAM
AGREEM ENT NO
off
LOCAL AGENCY TOPICS IMPROVEMENT PROJECTS
in the
City of Newport Beach
Local Agency
Pursuant to the Urban Area Traffic Operations Improvement Act (commencing with Section 2300
of the Streets and Highways Code) and to Section 135 of Title 23 U -S. Code, the attached "Pro -
.gram" of Traffic Operations Improvements marked "Exhibit A" is hereby incorporated in that
Master Agreement for the TOPICS Program which was entered into between the above named
LOCAL AGENCY and the STATE on June 14, 1971 and is subject to
all of the terms and conditions thereof.
The subject program is adopted in accordance with Paragraph 5 of Article III of the aforementioned
agreement under authority of City /Coday:Resolution No. 74'n! approved by the City Council /
Bd1iFd- of- Sdpeivisoe on June 1 4, 1971 , (See copy attached.)
Approved for State
R. J. DATEL
State Highway Engineer
By
C' ar Coun y Liais n Engineer
t
Division of Highways
Department of Public Works
Cite of Newpert Beach
Local Agency
By
Title eL "AY�
wSt;
C erk
FORM HCC 207 (2/72) — 7 —
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e STATE OF CALIFORNIA -- BUSINESS AND TRANSPOSON AGENCY RONALD REAGAN, Gow..w
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT 7, P.O. BOX 2704, LOS ANGELES 90051 - - -
August 24, 1971
07- ORA -0 -N tB
T -3041 (88�
City of Newport Beach
Local Agency -State Agmt
Mr. Joseph T. Devlin a� u. e-
executed Local Agency -State Agreement No. 47.
Your Areawide Study has been assigned Project No. 88 in Urban
Area T -3041. An expenditure Authorization number is being
requested. When it is received, you will be notified of our
billing procedure. All correspondence should show a file re -.
ference, including the expenditure authorization as follows:
07- ORA -0 -N tB
T -3041 &
E.A. 92
Very truly yours,
taut District Engineer
Attach.
t t
lad - -.L
LOCAL GENCY -STATE AGREEjjLIN I
` J Traffic Operatiocrogram to Increase Capoity and Safety
TOPICS
M-1 S_S' -TU ?N Tot -
JAUSIA LAO!OS, o Y c,,EIK OT Orange Newport Beach
CITY OF. :EWPOQT REACH District County City
3309 NlEW!PO &T BOULZ -VAFD
KEWr::RT BEACH., CALIF. 92360 AGREEMENT No, 47
MASTER AGREEMENT
URBAN AREA Name Los Angeles
URBAN AREA No. 304!
THIS AGREEMENT, made in dupTioatE this L_ day of 4126, 19 iZ ,
by and between
t11w City of Newport Boaah
,
political subdivision(s)of the State of Californis,.6eraii&fW, eferred to as "LOCAL AGENCY ",
and the STATE OF`CAUFORNIA, acting by and through the Division of Highways of the Depart-
ment of,peblic W06A, horeinafter referred to tte `,`STATE ".
C
WITNESSETH:
WHEREAS, the Congress of the United States has in the Federal -Aid Highway Act of
1966 declared it to be in the national interest for Federal Funds to be expended for a "TOPICS"
program which consists of making traffic operations improvements on a systematic basis in
accordance with an areawide plan over a network of arterial and other major streets within urban
areas; and
WHEREAS, the Legislature of the State of California has enacted Chapter 1141 of the
Statutes of 1969, by which the federal funds authorized may be made available for use on county
highways, city streets, and state highways to reduce traffic congestion and to facilitate the
flow of traffic in urban areas in accordance with the intent of the federal act; and
.WHEREAS, there exists a compelling need for traffic operation improvements on existing
streets within the boundaries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of such TOPICS
funds as may be made available within the jurisdictional boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal -aid will be made available for a TOPICS program, LOCAL.
AGENCY and STATE are required to enter into an agreement with respect to the preparation of
an area -wide TOPICS plan and with respect to the construction, maintenance and evaluation
of such TOPICS improvement projects as may be financed in part with federal TOPICS. funds.
THEREFORE IT IS AGREED:
The Areawide "TOPICS" Plan and Study Report together with such improvement projects
as may be financed with TOPICS funds will conform with the general provisions of U.S. Bureau
of Public Roads (also referred to hereinafter as BPR or Bureau) Policy and Procedure Memoran -'
dum (also referred to hereinafter as PP1I) 21 -18 and with the following special provisions.
r
FORM MCC ZOO 10/69
—I-
777 f^:I777 F ✓'. .7aS :Ji .e. �_ ..:. — .�,:.:. -. ':.. a.
• TOPICS AGREEMENT
ARTICLE I — CONDITIONS
1. As a condition for Federal "TOPICS" Funds participation in an Areawide "TOPICS"
Plan and Study Report or in a TOPICS improvement LOCAL AGENCY shall prepare a general
plan of highway improvements on local roads and streets and State Highways within the bound -
aries of the urban area designated by STATE and approved by the U.S. Bureau of Public Roads
based upon a continuing comprehensive transportation planning process meeting the requirements
of Section 134 of Title 23, United States Code.
2. Any such transportation planning process within. an urban area of over 50,000 popu-
lation or which will soon be over 50,000 population shall be conducted in substantial conformance
with Bureau of Public Roads Policy and Procedure Memorandum 50 -9 and any such transportation
planning process with a smaller urban area shall conform substantially with BPR Instructional
Memorandum 30 -3 -69. The U.S. Bureau of Public Roads will determine which category applies
to an urban area and STATE will, furnish LOCAL AGENCY with copies of the applicable Pro-
cedural or Instructional Memorandum.
S. Except for those functions specified in PPM 21 -18 TOPICS funds may.not participate
in LOCAL AGENCY expenditures for the continuing comprehensive transportation, planning
process nor in the preparation of the general plan. When approved by the BPR and agreed between
STATE and LOCAL AGENCY federal highway planning funds may participate in the cost of such
planning. Federal TOPICS funds may participate only in the areawide TOPICS plan and study . .
report or in TOPICS improvement projects as provided herein.
4. Federal funds may participate only in work which has been officially programmed to
and approved by the U.S. Bureau of Public Roads in advance of its performance.
ARTICLE II — AREAWIDE TOPICS PLAN AND STUDY REPORT
1. LOCAL AGENCY shall with or without federal -aid prepare or arrange for the prepa-
.ration of an Areawide TOPICS Plan and Study Report conforming to the provisions of PP.NI 21 -18
and this agreement. The area to be covered, the estimated cost and the method of financing are
set forth in the attached Exhibit "B ".
2. The unit designated in Exhibit "B" will serve as a COORDINATING AGENT to
represent LOCAL AGENCY in transactions with STATE described herein as being the responsi-
bility of COORDINATING AGENT.
S. COORDINATING AGENT will be responsible for coordinating the following operations
within the boundaries of LOCAL AGENCY and where applicable with similar operations in
jurisdictions contiguous to LOCAL AGENCY. (a) the selection of a Type II Federal -aid primary
system, (b). the conduct of comprehensive traffic engineering studies, (c) the preparation of a
general plan of highway improvements., (d) the preparation of an Areawide TOPICS Plan and
Study Report, (e) the selection of TOPICS IMPROVEMENTS, and (f) the determination of TOPICS
R.IPROVEMENT priorities. COORDINATING AGENT will also perform all other acts necessary
to coordinate TOPICS program operations at the local level in conformance with all applicable
state and federal laws, rules, regulations, and operation procedures. .
FORM MCC 208 10/69 -2-
FORM NCC 206 10169 —3—
•TOPICS AGREEMENT
4. Unless specifically set forth otherwise in appendix "B" all data for the Areawide
,
"TOPICS" Plan and Study Report specified in PPM 21 -1S is to be furnished by LOCAL AGENCY,
or by a consultant under contract to or in agreement with LOCAL AGENCY or its agent.
5. When a portion of the Areawide TOPICS Plan and Study Report is to be done by a
consultant with federal -aid, the agreement or contract with the consultant shall be subject to
Article VI, Paragraph 3, of this agreement.
6. Upon completion of the General Plan of Highway Improvements, the Areawide TOPICS
Plan and Study Report, The Primary Type II System and the list of traffic operation improvement
priorities, they shall be adopted by the local governing body and submitted to STATE in Sep-
tuplicate with the following:
(a) With respect to urban areas in excess of 50,000 population a statement by policy
committee of the local Urban Transportation Planning Study attesting to compatability of the
proposed Type II System and improvement program with overall urban planning.
(b) Assurance that the TOPICS plan and Type II System has been coordinated with con -
tiguous jurisdictions where applicable and that the recommended plan of development has been
coordinated with plans for local public or mass transportation services with possible plans for
fringe parking, and with airport access planning.
(c) Assurance that whether or not federal -aid is granted for the purpose, LOCAL AGENCY
i
intends to implement the adopted plan of traffic operation improvements within a reasonable
period to the extent that same may be done with available funds.
,
7. STATE will review submitted material for conformance with federal requirements and
obtain approval of the U.S. Bureau of Public Roads.
8. LOCAL AGENCY shall retain approved TOPICS plan, report, and all supplemental
data for STATE or Federal inspection for a period of three years following final payment of any
federal funds which may participate in the TOPICS plan or improvements included in the plan.
ARTICLE III _ TOPICS IMPROVEMENTS
1. The term "TOPICS IMPROVEMENT" as used herein means any construction that is
financed in part with federal funds provided in accordance with Section 10 of the Federal Aid
Highway Act of 1968.
2. LOCAL AGENCY may submit for consideration and approval of STATE and U.S.
Bureau of Public Roads programs for TOPICS improvements when the following items described
in PPM 21 -18 have been completed or when they are in preparation with reasonable expectation
of being completed within 18 months:
a. The general plan of highway improvements.
b. The Areawide TOPICS Plan and Study Report.
c. The official Type II Federal -Aid Primary Highway System.
d. The priorities for the proposed TOPICS improvements.
3. When the Type lI Federal Aid Primary Highway System has not been officially approved
by the U.S. Bureau of Public Roads any program of TOPICS improvements must be preceded by
the submittal and approval of a "tentative" Type II System which conforms substantially to
Section f of PPM 21 -18.
FORM NCC 206 10169 —3—
,.
• TOPICS AGREEMENT
4. When the areawide TOPICS plan has not been completed and approved by the U.S.
Bureau of Public Roads any program for a TOPICS improvement must be accompanied by a show-
ing that the proposed improvement can reasonably be expected to be high on the priority list to
be established in said plan.
5. The program shall be to a prescribed by STATE and shall designate the federal
funds requested and the matching funds til be provided by LOCAL AGENCY and if a State High-
way is involved the matching funds to be provided by STATE. Adoption of the program by reso-
lution of the governing body of LOCAL AGENCY and approval by STATE shall cause such
program to be a part of this agreement as though fully set Forth herein. "
6. In processing TOPICS IMPROVEMENTS, LOCAL AGENCY will conform to all STATE
statutes, regulations and procedures relating to the TOPICS program and to all applicable federal
laws, regulations, and policy and procedural or instructional memoranda. This includes, the
holding of public hearings when required, the publishing of various press notices, and the preps-
ration of study reports, estimates and plans.
T. Unless otherwise designated in the approved program, TOPICS improveAents 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 U.S. Bureau of Public..
Roads approval, Bureau approval of plans, special provisions and estimated costs prior to ad-
vertisement, 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 BPR 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.
8. When a TOPICS 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 entered into by LOCAL AGENCY for such work must have prior approval of
STATE. In either event, LOCAL AGENCY shall enter into an agreement with the railroad pro-
viding for maintenance of the protective devices or other facilities installed under the service
contract.
9. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of
each TOPICS improvement, including contracts awarded by STATE. With prior U.S. Bureau of
Public Roads 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.
10. STATE shall exercise general supervision over TOPICS improvements and may assume
full and direct control over the contract whenever STATE, at its sole discretion, shall determine
that its responsibility to the United States so requires. LOCAL AGENCY contracts shall so
stipulate.
11. With Bureau of Public Roads approval, available federal TOPICS funds mayparticipate
in an evaluation of the effectiveness of the TOPICS improvements as compared to those estimated
in the study report. In any event LOCAL AGENCY agrees to conduct a TOPICS IMPROVEMENT
EVALUATION PROGRAM as outlined in Section 10 of PPM 21 -18, with or without federal aid,
and to report the results of same to STATE..
FORM MCC 208 10/69 -4-
TOPICS AGREEMENT ,
ARTICLE IV — RIGHTS OF WAY
1. No contract for the construction of a TOPICS 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 tight 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 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 of 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. Whether or not Federal -aid is to be requested for the purchase of rights of way, should
LOCAL AGENCY, in acquiring rights of way for a TOPICS improvement, displace an individual,
family, business, farm operation, or nonprofit organization, it will place in operation a Relocation
Assistance and Payments Program as required by Chapter 5 of Title 23 U.S. Code. Regulations,
procedure's and instructions for conducting a Relocation Assistance and Payments Program are
available upon request at any District Office of the Division of Highways.
ARTICLE V — FISCAL PROVISIONS
1. When a TOPICS IMPROVEMENT contract is to be awarded by STATE, matching funds
will be deposited with STATE by LOCAL AGENCY prior to bid opening or within 10 days of
being notified of the lowest satisfactory bid received and the amount of local funds required.
2. The estimated total cost of TOPICS 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 U.S. Bureau of Public Roads con-
Ours in any increase in the Federal -aid. This applies both to Areawide TOPICS Plan and Study
Report described and estimated in the attached Exhibit "B" and -to TOPICS improvements added
hereto by programs in accordance with Article III, Paragraph 5.
3. Upon submittal by LOCAL AGENCY of acceptable documentation of expenditures for
an Areawide TOPICS Plan and Study Report or for programmed and approved TOPICS improve-
ment-, 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 Bureau of. Public Roads for subsequent reimbursement. Ten percent or such other per-
centage of the total amount due as STATE may determine is necessary to protect STATE'S
interest will be withheld until the completion of such audits as may be required by STATE and
U.S. Bureau of Public Roads'.
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 Bureau of Public Roads. Any overpayment of amounts due shall be returned to
STATE upon demand.
FORM HCC 208 10 /09 -5-
TOPICS AGREEMENT
5. When any po ion of a LOCAL .AGENCY project iperformed by STATE, charges
therefor shall include an assessment on direct labor costs in accordance with Section 6755.1 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 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, may withhold an equal amount from future apportionments 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.
8. Deposits of LOCAL AGENCY with STATE determined to be in excess of project
needs will be refunded.
ARTICLE VI — MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect unless and until its provisions and the
projects have been approved by the U.S. Bureau of Public Roads.
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 U.S. Bureau of Public Roads 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 consultant and the terms of the agreement or contract have been found by STATE to be in
conformance with U.S. Bureau of Public Roads Policy and Procedure Memorandum Number 40 -6
and have been approved by the U.S. Bureau of Public Roads. 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 Bureau of Public Roads 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 agree-
ment or contract must have prior approval of U.S. Bureau of Public Roads. 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.
FORM MCC 208 10/69
a. :
SIM
T0PdcTS AGrc
an
be responsible for L
thereof sh be done by a LOCAL
or employee th OCAL
oFficer u done or omitted to delegated Goa L
any aE anythinn Government
STATE b} ieason urisdiction ursuant to from any
neither authority ut L that, P
A. (a) ' occurring any work, and agreed STATE harmless eason
es
damage or liabiiityin connection with also understood and hold tarring by
AGE�C1 under this a$reemeRt It ns fully indemnify section 810 $) oc ection with any
ICY shall Code Se or in Conn
AGE�GZ under T, AGE> . Gc.ornmen N-xv under "agreement'
g93.A, LOCA as defined by °der this g
Code Section sad for injury ( bs done by pCAL AGENCY ° responsible
liability imp° omitted to d to L to ee thereof, shall be TE
done or delegate employ be Bane by ,4CY
of anything urisdiction Y nor any officer or or omitted to LOCAL
work, authonty of 1 thing done sated to ode Section
LOCAL AGE \C reason of any notdela00overnmer'
(b) \either °r jur'sdj6t'onursuant to From any liability im
or liability occurring bautbority 1 that, p anything
for damage ection with any work and a9r, NCY harmless reason of . Y_
any
coin also understood LOCAL ACsE` wing by or lurts-
und under Or
h's � gr sh en - f Its ip b Gov andeROlC de Seconnection with any work, authority
and all Y ernm
ender nn ent•
fffl5, t, ST- as defined STATE this agreem LOCAL AGEov de
p °sad foomitte to be done by AGENCY under alocalhighwo willpr
red to LOCAL defense or E and
done or dole solving tof the STAT
a suit far the conduc inst lilt
diction not aibi! ants issued ago elf in any
is named, as a defendant in anY'udgm resent its 11 ay
5, If STA assume full re" p°°
will at reques 0 S STATE !nay requl e°STATE reserves right to rep ` v, and
such assistance With.the at $ take. attached Exhibit. sious all costs nn cone do naterests are . of the
which ST between the "B„l shall
apply-on in conflict . Exhibit
6. Shouldo€ this agreement those ENANCE
II – h1AT'1T vament project
afber Provisions ARTICLE V OpICS impYO a portion
of a completed T and protecting work in
authority twining the tornF eted a s
the awarding sibility for main maintain 1 90 d Y
f the reason shall m States. If, within onion
n acceptance by ved a over the street the United or any P
1' upon actor being relieve diction
tatives ° under its ]urisdiction remedne the
Conn uris rase° Street t satisfactorily Y will
or upon the agency having j authorized P
re
of the work: the g to the oath eC�nAGF.bTCX has not of LOCAL AGRNC
a manner satisfactory From STATE that a .LOC satisfactory to
eral -aid projects ante
t of notice coperly maim Val o of mainten
after recelp being F royal of fun Put n a condition
is not blamed of, the hall have been Put the physical cotr
conditions comp the project 'public ds• Only
until eau of Public Roo ents on beat setae
be withheld sagraph 1 above includes rovem b an adequate .
STATE and the But to . pa orations imp.
referred Traffic OP true Roads or STAT �tafi may be -
m
aintenance ration as Well. Tr nance ct Wilk+
2. The m but its Pe U S. Bureau of Said mainte . under contra
of the facility u no coat to the tstbnicians. S a consultant
dition ined affic engineers and ernment or
shall be mainta Other unit of g °v
ine, staff AGENCY, ano Ordinances
and weglof LOCAL also any traffic regulatialn spec fied times
ployee AGENCY' abovs inaless rohibition of parlor ordinances shall be
&LOCAL • referred to the P al regulations or TE with evidence
network including furnish STA S. Bureau
S The maintenance of the The required Xy shall the U.
for the operation wvel. LOCAL AGE, Completed work by roval of the
necessary the directions pD and L f the pomp witho Prior app, within its
and controls over -tudy I acceptan
ce_ o u an
specified in tnbeensadopted, P" tobenmade in such regulations
un�
have e shall AGEtiGY has a trgu�eaunglt s'agree tthe future
that they goads unless LOCAL �tsptable to sat ermined at any a oe other federal
of )?ubiic Roads- 1°
ubl'sc s manner not to be Perm' with TOg1CS
U S. Bureau of public in lanes is led in P
t to the tbcough traf{ole t that is finan
own organization vament p
c adjacsn imp
kit fan t°
.par
within the' °
funds, _7
1 '
D
M
• TOPICS AGREEMENT
IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized
officers.
STATE OF CALIFORNIA
Department of Public Works
Division of Highways
J.A.LEGARRA
State Highway Engineer
CITY OF MIPOR`P BEACH
By C�
Mayor
By ATTEST:
HQ Federal'Aid and City - County Projects Engineer City Clerk
JUN 17 1971
Approval Recommended:
Approved as to Form and Procedure:
AAttorney,rtme of Public Works
FORM MCC 200 10(69
By
Chairman, Board of Supervisors
ATTEST:
Clerk of Board
M-M
• • TOPICS AGREEMENT
EXHIBIT A
Nondiscrimination Provisions:
During the performance of this contract, the contractor, for itself, its assignees and suc-
cessors 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 Commerce relative to nondiscrimination in federally - assisted programs of the De-
partment of Commerce (Title 15, Code of Federal Regulations, Part 8, 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 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.
8. 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 performed 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 the 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 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 fails or refuses to furnish this infor-
mation, the contractor shall so certify to the State Highway Department, or the Bureau of Public
Roads as appropriate, and shall set forth what efforts it has made to obtain the information:
5. Sanctions for Noncompliance: 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 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 com-
plies, and /or
(b) cancellation, termination or suspension of the contract, 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 at 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 De=
partment or the Bureau of Public Roads may direct as. a means of enforcing such provisions in-
cluding 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 toprotect 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.
Form HCC 208 10/69 —9—
r -
�r
91
240ER AGREEiM1ENT FOR TOPICS SGRAK ExHrIi
BETWEEN STATE & THE CITY OF NEWPORT BEACH
DESCRIPTION OF PROJECT
The preparation of an AREAWIDE TOPICS PLAN AND STUDY
REPORT covering the entire portion of the City of Newport Beach
within the existing Urban Area boundaries approved by the Federal
Highway Administration.
PERFORMANCE OF WORK
The City will contract with V.T.N. Orange County,
corporation with an office at 2301 Campus Drive, Irvine,
California, 92664. The contract will conform to the draft
approved by the Federal Highway Administration on March 17,
No work is to be done by consultant until authorization to
has been issued by STATE.
ESTIMATED PROJECT COST AND FINANCING: .
Federal TOPICS Funds (71.30% $19,678
Local Agency Matching Funds (28.7 %) 7,922
TOTAL COST OF .APPROVED TOPICS PROJECT $27,600
CONSULTANT'S COST)--$21,165
LOCAL AGENCY COST -- 6,435
a
1971.
proceed
LOCAL AGENCY expenditures for work supplemental to
that performed by the consultant and that listed in attachr.:ent to
the consultant agreement, will be financed from other funds :without
reimbursement.
COORDINATING AGENT
Pending the designation of an official coordinating
agent in accordance with Section 2316 of the Streets and Hig..ways
Code the District Office of the Division of Highways will._erfora
the required coordinating functions.
SPECIAL COVE'A'ANIT$
Article VI, Paragraoh 5 of this agreement a? ?lies Caly
to local highway improvements or other work on local highways,
financed partially with Federal TOPICS Funds in accCr�_ance
this agreement.
The preparation, completion or submission of the G ^nerzl
Plan of Highway Improvements and the 18 months li. ^..itat` --n
in Article II and Article III shall not apply to
Coordination of the Areawide TOPICS Plan ;'it? any
Agency General Plan for P`�h en` s c..'r ^d.
._o_ way Improvem tis s ^e
All references ^erein to the U. S. 3area c"
Roads, BPR or Bureau -she 11 be construed .7 mean.
_ig -h —ay Administration or FH::A.
i
i
p 7
EsOLVTIG�T tqo. 451
A 2 RES01UT10i OF TM CITY CO'TC11 OT T CITY
0
N—WPO-IT 3 mil, CH API-71101/71UNG T.-HE =` Y_
S M. F 7
FOR TP!D_,]4R'W,'�U2TG ALM ?I_'TP2TC1XG
, G_ 1 7 i T7.
__W? -,T DEACHT "TOPICS" PROGRAM,l P.-ID
TNZ N� 0-
AU-12,12071,I�'I NG ITS. 2'.vCu110_11 ON MXTALr OF 711M.
CITY 0:1 ZQ51PORIT B2LAICal I
ZR2AS, the-re has been presented to the City council
of the City of NeNport Beach a Local Agency-State Agreement With
the.. State of California, in connection with undertescing. and
financing the Newport Beach "TOPICS" Programs and
V=nSAS, the City Council has considered the terms
and coaditions; of said agreement and found thwti to be fair and
equzitable;
NOW, TEEMEREFC
RE, BE IT RESOLIVED by the City Council of
the Local Agency-state Agreesme
the City of _Nevyport Beach that nt
no. 47, between the City of Newport Beach and the State of
�orr - nor t; zing and financing of the I-Tewpo
-,i,;, he undartak rt Beach
"TOPICS" Progr.,Tn is approved, and the mayor and City Clerk are
-y auth behalf of the city of
heraL -orized to execute the same on beh,
Naw_ port Be-c h. ac_
ADOPTED this 14th day...of June. -- 1971