HomeMy WebLinkAboutC-1765 - Federal Aid Urban System Projects Master Agreement4.
CITY OF NEWPORT BEACH
CALIFORNIA
City Han
3300 W. Newport Filed.
Area (,,,de 714
673 -2110
DATE" October 16, 1975
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1765
Description of Contract Master Local Agency -State Agreement for Federal -aid
1drbaa System prrej _s
Authorized by Resolution No. 8610 , adopted on October 14, 1975
Effective date of Contract October 14, 1975
Contract with
Address
State of California, Department of Transportation
(see Don Webb)
Amount of Contract ----
city C
leri,
October 16, 1975
Public Works Department
Attention: Don Webb
Master Local Agency -SCLEf Agreement for Federal -aid
Urban System projects.
C -1765
Attached are two duly executed copies of subject
agreement for transmittal to the appropriate
Governmental Agency.
Said agreement was authorized by the City Council
on October 14 by the adoption of Resolution No. 8610.
Laura Lagios
City Clerk
LL:swk
one.
i
LOCAL AGENCY -STATE AGREEMENT
for ( 5
Federal -aid Urban System Projects
F.A.U.
S
07 Orange Newport Beach
District County City
AGREEMENT NO. 13
s ngeles-
MASTER AGREEMENT' URBANIZED AREA Name Long Beach
URBANIZED AREA No. 021
THIS AGREEMENT, made in duplicate this /:2� 1Y day of
C c,7-o 8 E,R , 19 75 , by and between the City of Newport Beach,
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 Transporta-
tion, hereinafter referred to as "STATE ".
WITNESSETH:
WHEREAS, the Congress of the United States has in the Federal -
aid Highway Acts of 1970 and 1973 declared it to be in the national
interest for Federal Funds to be expended for highway and transit
projects on the Federal -aid Urban System within urban areas; and
WHEREAS, the Legislature of the State of California has enacted
Chapter 201 of the Statutes of 1971, by which the federal funds
authorized may be made available for use on county highways, city
streets and state highways in urban areas in accordance with the
intent of the federal act; and
WHEREAS, there exists a compelling need for improvements of
streets and highways and transportation facilities within the boun-
daries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use
of such FAU funds as may be made available within the jurisdictional
boundaries of said LOCAL AGENCY: and
WHEREAS, before Federal -aid will be made available for FAU
program, LOCAL AGENCY and STATE are required to enter into an agreement
relative to prosecution of the said project and maintenance of the
completed facility.
DH -OIA -407 8 -8 -75 Rev.
l
0 W AGREEMENT
THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS
1. All projects, excepting mass transit projects, must be
on an approved Federal -aid Urban System route.
2. The project is part of a program which serves to implement
an areawide plan held currently valid by the regional transportation
policy board.
3. Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway Admini-
stration in advance of its performance.
ARTICLE II -• FAU IMPROVEMENTS
1. The term "FAU IMPROVEMENT" as used herein means any construc-
tion that is financed in part with federal funds provided in accordance
with Section 106 of the Federal -aid Highway Act of 1970.
2. LOCAL AGENCY may submit for consideration and approval of
STATE and Federal Highway Administration programs for FAU improve-
ments when the following items have been completed:
a. The Federal -aid Urban System Approved
b. The project selected by a cooperative process and
included in the area's approved 3 -year program.
3. The program shall be in a form prescribed by STATE and
shall designate the federal funds requested and the matching funds
to be provided by LOCAL AGENCY and if a State Highway is involved
the matching funds to be provided by STATE. Adoption of the program
by LOCAL AGENCY and approval by STATE shall cause such program to be
a part of this agreement as though fully set forth herein. Unless
otherwise delegated the 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 agree-
ment.
4. In processing FAU IMPROVEMENTS, LOCAL AGENCY will conform
to all STATE statutes, regulations and procedures relating to the
FAU program and to all applicable federal laws, regulations, and
policy and procedural or instructional memoranda. 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,
specifications and estimates.
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* FAU AGREEMENT
5. Unless otherwise designated in the approved program, FAU
improvements will be constructed by contract in accordance with
regular federal -aid primary and urban fund procedures. Such proce-
dures require the use of Standard Specifications having prior Federal
Highway Administration approval, FHWA approval of plans, special pro-
visions 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.
6. When a FAU 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
and the FHWA (if Federal funds are used). 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.
7. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each FAU improvement, including contracts
awarded by STATE. With prior Federal Highway Administration
approval, surveying, inspection and testing may be performed by a
consulting engineer provided overall supervision of the contractor's
operations and progress is performed by an employee or employees of
LOCAL AGENCY.
8. STATE shall exercise general supervision over FAU improve-
ments and may assume full and direct control over the project when-
ever STATE, at its sole discretion, shall determine that its respon-
sibility to the United States so requires. LOCAL AGENCY contracts
shall so stipulate.
ARTICLE III - RIGHTS OF WAY
1. No contract for the construction of a FAU IMPROVEMENT
shall be awarded until the necessary rights of way have been secured.
Prior to the advertising of a project on 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.
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I
FAU AGREEMENT
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, 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. The LOCAL AGENCY will comply with Title III of the Uniform
Real Property Acquisition Policy.
5. Whether or not Federal-aid is to be requested for right
of way, should LOCAL AGENCY, in :acquiring right of way for
FAU 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 relo-
cation payments and services which will be available and to the
greatest extent practicable no person lawfully occupying real
property shall be required to move from his dwelling or to move
his business or farm operation without at least 90 -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 provided in
FHWA Instructional Memorandum 80- •1 -71, dated April 30, 1971.
ARTICLE IV - FISCAL PROVISIONS
1. When an FAU 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.
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FAU AGREEMENT
2. The estimated total cost of FAU 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. However,
this is not to be construed to mean that the original programmed
participation percentage ratio will be changed.
3. Upon submittal by LOCAL AGENCY of a statement of expendi-
tures for FAU improvements, 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.
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 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.
ARTICLE V - MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect unless and
until the projects have been approved 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
1515
F AGREEMENT
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 agree-
ment 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 work
done by a consultant, the agreement or contract with the consultant
may not be executed or awarded until the selection of the consul-
tant and the terms of the agreement or contract have been found by
STATE to be in conformance with :Federal Policy and Procedure Memo-
randum No. 40 -6 and have been approved by the Federal Highway Ad-
ministration. Such agreement or contract shall include a provision
that the work and records of the consultant are subject to inspection
at all times by representatives of LOCAL AGENCY, STATE and the
Federal Highway Administration and that agreement or contract may
be terminated by LOCAL AGENCY upon a finding that the consultant
is failing to live up to the terms of the agreement or contract. All
major changes in the agreement or contract must have prior approval
of the Federal Highway Administration. All such approvals shall be
requested through STATE. As soon as agreement or contract with
consultant has been awarded five 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 .Admini-
stration, 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 FHWA payment of 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 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 LOCAL AGENCY
under or in connection with any work, authority or jurisdiction
delegated to LOCAL AGENCY under this agreement.
:S
• F, 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 Govern-
ment 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
FAU improvement project or upon the contractor being relieved of the
responsibility for maintaining and protecting a portion of the work,
the agency having jurisdiction over the street shall maintain the
completed work in a manner satisfactory to the authorized represen-
tatives of the United States. If, within 90 days after receipt of
notice from STATE that a project on a street under its jurisdiction
or any portion thereof, is not being properly maintained, LOCAL
AGENCY has not satisfactorily remedied the conditions complained of,
the approval of further Federal -aid projects of LOCAL AGENCY will be
withheld until the project shall have been put in a condition of
maintenance satisfactory to STATE and the Federal Highway Administra-
tion. The provisions of this section shall not apply to a street
facility which has been vacated through due process of law or which
has been removed from Federal -aid Systems.
2. The maintenance referred to in Paragraph 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 at no cost to the Federal Highway Administration or STATE
by an adequate and well trained staff of traffic engineers and
technicians. Said maintenance staff may be employees of a LOCAL
AGENCY, another unit of government or a consultant under contract
with a LOCAL AGENCY.
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• •FAU AGREEMENT
IN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized officers.
STATE OF CALIFORNIA CITY OF NEWPORT BEACH
Department of Transportation
Division of Highways
HEINZ HECKEROTH
Assistant Director, Highways By
Vice ayor
By T: Le
Clerk
Chief, Office of Loecal Assis a o a` f7Z ity
Approval Recommended:
OOM District Director of Transportation
Local Assistance Engine
DH-OLA-407 (8-8-75) Rev. -8-
APO-
• FO AGREEMENT
EXHIBIT A
NONDISCRIMINATION PROVISIONS:
During the performance of this contract, the contractor, for itself,
its assignees and successors in interest (hereinafter referred to
as the "contractor ") agrees as follows:
(1) Compliance with Regulations: The contractor shall comply
with the Regulations relative to nondiscrimination in
Federally- assisted programs of the Department of Transpor-
tation, Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incor-
porated by reference and made a part of this contract.
(2) 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, including employment prac-
tices when the contract covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for Subcontracts. Including Procurements
of Materials and Equipment: 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.
(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.
. . 1 I
• 0
(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 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) Incorporation of Provisions: The contractor shall include
the provisions of paragraphs (1) through (6) in every sub-
contract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives
issued pursuant thereto. 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 non - compliance: Provided, however,
that, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request
the State highway department to enter into such litigation
to protect the interests of the State, and, in addition, the
contractor may request the United States to enter into such
litigation to protect the interests of the United States.
WOW
• i
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MASTER
LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL
AID URBAN SYSTEM PROJECTS
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a master Local Agency State Agree-
ment for Federal Aid Urban System Projects; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed.to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 14th day of October, 1975.
ATTEST:
City Clerk
DDO:yz.
10/6/75