HomeMy WebLinkAboutC-1968 - Local Agency-State Agreement No. 07-5151 - Coast Highway-Upper Newport Bay Bridge ProjectCITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. r -1968
CALIFORNIA
City 11.111
3300 W. Newport Eilvd.
Area Code 714
DATE, December 16, 1977
Description of Contract cnpnlwmant No. 1 Revised to Local Agency -State
Agreement No. 07 -5151
Authorized by Resolution No. 9226 , adopted on November 28, 1977
Effective date of Contract 11 -28 -77
Contract with State Dept. of Transportation
..
Amount of Contract See Contract
City Clerk
� A
By tba CtIY CGilV:.iL
TQiiTYC?TY d� KAGH
FROM: Public Works Department
February 23, 1981
CITY COUNCIL AGENDA
ITEM NO. F i 1
SUBJECT: COAST HIGHWAY -UPPER NEWPORT BAY BRIDGE PROJECT
RECOMMENDATION:
Authorize staff to negotiate a change order and supplemental coopera-
tive agreement with CalTrans to extend the fourth westbound lane
from the easterly bridge abutment to Bayside Drive.
DISCUSSION:
The current CalTrans bridge construction project provides for 4 west-
bound lanes on Coast Highway from Dover Drive to the easterly bridge abutment
and for 3 westbound lanes from the bridge to Bayside Drive. The configuration
is shown on the attached sketch. Traffic studies recently performed in con-
nection with General Plan Amendment 80 -3 indicate that the projected I.C.U. at
Coast Highway and Bayside Drive will exceed 0.9000 if there are only three
westbound lanes at this intersection. Even under the existing General Plan,
it would only take a 9% increase in westbound traffic to bring the I.C.U. up to
0.9000 in 1986.
A letter from The Irvine Co. has been received (copy attached), which
asks the City to request CalTrans to extend the fourth westbound lane on Coast
Highway from the easterly bridge abutment to Bayside Drive. The company sug-
gests that this improvement be funded from the Circulation and Transportation
Fund and agrees to contribute to the Circulation and Transportation Fund for the
Corporate Plaza Development ($54,000) and the MacArthur Place Development at
Campus Drive and MacArthur Boulevard ($138,075). The company also agrees to
provide any additional right -of -way needed.
The proposed work would have the fourth lane extended from the bridge
to Bayside Drive (about 750 feet) through a change order to the CalTrans proj-
ect. The work could be accomplished through this process with little or no
added inconvenience to the public, and at minimum expense (approximately $80,000
to $100,000). If the lane is added in four or five years, it means that
$30- 40,000 (in today's dollars) worth of improvements would be removed and the
public would suffer the inconvenience of another major construction project
adjacent to the new bridge.
CalTrans has indicated that they would allow the
would take the responsibility for any added costs, provide
rights -of -way, prepare plans for the change, and execute a
operative agreement to cover these items. To avoid delayi
the bridge project, it will be necessary to have this work
contract by early April.
change if the City
the necessary added
supplemental co-
ig the completion of
added into the State
t Mr. Ben Nolan
February 17, 1981
Page Two
''We firmly believe that this proposed change will result in cost savings, avoid
future inconvenience to the motorist and ensure an adequate level of service at
the Pacific Coast Highway /Bayside Drive intersection. It is our hope that the
City and Caltrans will respond favorably to this recommendation.
Very truly yours,
a ne W. Stiles
hector of Engineering
DWS /nb
cc: Mr. A. Meyerson, DeAnza Properties
I Dove
1
..I I
_ 0
j £ 0
i�
��
Z �
1
f�
��,
O• 1`11
�`o
II r�1
Qj
0
11 1 '!-n
0 i 11�
1,
\ry
O
II
C
oi
/
1
..I I
_ 0
j £ 0
i�
��
Z �
City of
' Agency Newport Beach z
MW Septem —r-r5 97
I
Supplement No. I Rev-rs—ed
To Local Agency -State
Agreement No. 07 -5151
P R 0 G R A N
0
LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS
IN THE
City of Newport Beach
Local Agency
Pursuant to the Federal Aid for Urban Systems Acts, the
attached "Program" of Federal Aid Urban System Projects marked
"Exhibit B" is hereby incorporated in that Master Agreement
for the Federal -Aid Program which was entered into between the
above named LOCAL AGENCY and the STATE on August 11, 1977 ,
and is subject to all of the terms and conditions thereof.
The subject program is adopted in accordance with Paragraph 2
of Article II of the aforementioned agreement under authority of
City /Gewn Resolution No, z t, approved by the City Council/
Bear* -a€ Supervisep (See copy attached).
City of Newport Beach
1 Local Agen
By
Title- MayorrC��
Approved for State Attest:
Clerk
DEPUtYDistrict Director of Transportation
District �O _
Department of Transportation
Form DH -OLA -411
••
�
0.1 O� ol
O
O
Wld
W
O
O
+3
w
�
N
CC)
m
M
y
,.N-1
.l
v
U
°o
C1
N U
tH rH
tA-
�
�
N
m
O
4
U
13N,
y
Uz
q
pq
w
rn
C
O O
O
O
O
a
O v
G
r
0 F+
O O
O
O
O
ti
m H
O
n w
w
w
b
0 U
VO
a
Ln O\
00
kO
c0
U
p
•� QWI
4� 3
r-i H
L�
ri
5 Vi
J
-H 41
H
N
U z
sH eH
H!
tiY
to
N
i
bo
es0O
m
F, 00
0
N
O
O
+i
„
(1) m O
k
0
0
>
d
w
o
0
14
y
V
4�
.. _._
(�
W
E -1
4]
O
C.
C/)
4�
J
N
'i a.
m
U
z
Q
n
U
�+
No
P. O O
O
O
O
A
°'
oLr
�
co
c;
m
fOY)
wri
O
,
w
u�
O id
r
°
s
Ts
O O
Z Oio E�
F
cu
z
1-4W+)b Ox
N
O *l >a 0 ld W 4> >
00 >a
>
Cd
>>fd 3
b $
N
ti
°a
A
bOA
-A v4 +i U
A cd
Y
ON
c
U o ll F. F. W
O
L
A
H
O
OxwAAUW
NF.
4PC 4> -HF.PW�ii
idZ
�D
v
i�UW OI NN+-IU
r-4 4)
O
0
O
S~00w 0ow0
N�
F,
a4 4�
N
+�
A
�
D\
E
m
Y
r1
>
04
O
o
O
_O
O
v
co
a
Ln
V
d
1
r
Kz
P
V
J
o
N
o
0
Exhibit B
Page 2
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Artice VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the respective agencies within their jurisdictions
at regular intervals or as required for efficient operation
of the completed improvements.
2. The State will prepare PS &E, acquire right of way, advertise,
award and administer the project. The City of Newport Beach
will reimburse the State for their share of these costs in
accordance with Cooperative Agreements prepared for this
project.
The actual funds for the project will be set up on the basis
of contract prices after the bides for the work have been
opened.
3. The availability of Federal Funds will be subject to meeting
deadlines and /or conditions as may be imposed by the
Director upon the recommendation of the FAU Advisory Committee.
NOV 2 R 1977
BY fh* CITY COUNCIL.
CITY OF N6Wp0.T BEACH
RESOLUTION NO. 9 22 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO.
1 - REVISED - TO LOCAL AGENCY STATE AGREEMENT
NO. 07 -5151 COVERING THE FAU FUNDING FOR THE
COAST HIGHWAY -DOVER DRIVE IMPROVEMENTS AND THE
UPPER NEWPORT BAY BRIDGE REPLACEMENT
WHEREAS, there has been presented to the City Council
of t-he City of Newport Beach a certain Program Supplement
No. 1 - Revised - To Local Agency State Agreement No. 07 -5151
covering the FAU Funding for the Coast Highway -Dover Drive
improvements; and
WHEREAS, the City Council has reviewed the terms and
coud:iLi.ons of said Program Supplement No. 1 - Revised - To Local
Agency State Agreement No. 07 -5151 covering the FAU Funding
for the Coast Highway -Dover Drive improvements, and finds them
to be satisfactory and that it would be in the best interest
of the City to authorize the Mayor and City Clerk to execute
said Program Supplement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Program Supplement 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 28th day of
r
AT`PEST:
City Clock
November
1977.
II/23/77
t
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1976
ft
CITY OF NEWPORT BEACH
CALIFORNIA
DATE August 29, 1977
City 11.111
3300 W, Newport BlI d,
Area Code 714
Description of Contract Protect SUDDlement_U1_ to Federal Aid Transp. Projects
(Local Agency -State Agent No. 07 -5151) PAU funding for Coast Hwy /Dover Dr.
ImorcgMptek 6 Upper Newport Bay Bridge Replacement
Authorized -By so ution Co. 917 , adopted on 8 -22 -77
Effective date of Contract R -11 -77
Contract with $tar_P of California Deyt. of Transportation
Amount of Contract See Contract.
City Clerk
ft ft
August 29, 1977
MEMO TO THE FILE:
Project Supplement No. 1 to Don Webb this date.
City of
MIMJ Agency Newport Beach
MW Jul 20 1977
Supplement No. 1
To Local Agency -State
Agreement No. 07 -5151
PROGRAM
pa
LOCAL AcuicY FEDERAL AID URBAN SYSTEM PROJECTS
IN THE
CITY OF NEWPORT BEACH
Local Agency
Pursuant to the Federal Aid for Urban Systems Acts, the
attached "Program" of Federal Aid Urban System Projects marked
"Exhibit V is hereby incorporated in that Master Agreement
for the Federal -Aid Program which was entered into between the
above named LOCAL AGENCY and the STATE on u ust 11 1977 ,
and is subject to all of the terms and con itions t ereo .
The subject program is adopted in accordance with Paragraph 2
of Article II of the aforementioned agreement under authority of
City/COMW Resolution No. 9175 approved by the City Council/
�Pfa53f�C3�RX�FCVifi3C on august 22. 1977 (See copy attached).
CITY OF NEWPORT BEACH
'local Agency
gY
yor Title
Approved for State Attest: Tiv. °;l':.-�c
x �/
DEPUTY District Director f Transportation
District 07
Department Transportation
Form DH -OLA -411
H
m_
X
w
V)
V
W
�� LL Czzn
L7 O Q
O
C_
d Ga
c,
u�
C
o
0
0
0
U
O
O
p
w ro
W C
O
o
0
o
O
C C
O N
O
1
O
Lq
O
O
O
h
r1
0)
.i O
E E 0
>,
0) 44
O
1-
D1
0)
1, lJ
1J rl
m
m
M
N
N
H
01
(a
ro N U!
rl
ro H
11 4i H
0
U O
41
-W (0
r1
N
m
•�
q
tJf rd
CO
v
>
'
a
z
G
�
Q) Q) 4J
m
c
O
o
0
0
0
0
o v
m
Q
W OJ
o
O
0
O
0
O
0
O
o
O
a
41
N
ro
'O :F: Sd
o
^1
m
ti
m u
c ro
u
a
Ln
rn
m
w
roror+
°
s
7
J
1) 3
r-4
N
N
c
.H N
V1
Vr
yr
V}
v}
•
O O O)
H H
-P 4.)
- C +J
'OVro
C E
OO) v)
U
O)
0
o
o+
a
c
H w -H
.A
ro (0 +J
H O
O
14
O
O
O
U U
N O
O
0)
O
O
O
r1 0) H N
0) O
O
N
O
O
O
U) ,� 'd +,
L
N
C H
r-i
l0
�o
H O)
Q
-i
41
Z3) N
>r
co
C'
N
C
111
m
O �3 0)
w
r'
w
3
H
.0
N
m
w o
••
V>
v>
C
U}
+J
V)
Vr
++ U N N
CD
>,
4
O
U
z
ro
o
4J
cz�_H
r w +j
m
>E O
x
E
rn
c
-4 z c v
w
Y
'H
'H
JJ
O
O H rl 1)
J
N
H
m
U
>FC� v
d
LAJ
N O
O
C
O
a
F1 O
O
O
O
O
O
ri "A SL
N
N
w O
o
U
o
O
o
H 3 E
O
OU
z:
iD
O
H
m
p
N w
K
07
O
N
r-I
co
U O) O)
07
ro
�
�^
C
co
ri
C r ,H O)
O
Y
ro U U Iq
O
N
<N
c0
C .H C +!
d
V}
VT
V7
(/}
V}
N y N
-PNO)W
c roo
4
rocvc
>+
> O
o
ro
H ..{
0
*''
�C
N O
O
O)
< 0)
zvw°v�o0
ro
vQO,
u
w 4
c�4
v
v
-ENV 0
d
>r rra $ ->f
0)
0) ro N
,� W
.,I 3
0) C
+,aA�+
>
>
cv
.i CP Q
rr
.i V
A ro
L Fi 41 ..�
G
O
V 0
W
0
ID
a," (1)
U
0) H
�j . 7, -r-i
ro
-A
Lro
OA
ro
+
U
u4
C
W
6�
V
1) U U) U)
0)
v -H V
H 0)
L C'Ci 0)
rti
J
(a rd >,
>
> U
R, 'O
O 0) 0)
G 0) O (tl
O
O ro 0
0) .�
H W V M
Ca
Q P, a.)
I74 $
yNi 0) 1a O
C > O W
N
rp O W
>,
d 0.0) (1)
O E 04
fJ
Y
Q
O
O
p
I!
11020>)
o
o
L
W .� y
&
0 3 rd
c
Q
J
0
x
0
EXHIBIT B Con't.
7 -20 -77
M- 5001(9)
2. The State will prepare PS &E, acquire right of way, advertise,
award and administer the project. The City of Newport Beach
will reimburse the State for their share of these costs in
accordance with Cooperative Agreements prepared for this
project.
The actual funds for the project will be set up on the basis
of contract prices after the bids for the work have been
opened.
3. The availability of Federal Funds will be subject to meeting
deadlines and /or other conditions as may be imposed by the
Director upon the recommendation of the FAU Advisory Committee.
ft
RESOLUTION NO. 917$
ft
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY.CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. 1
TO LOCAL AGENCY -STATE AGREEMENT NO. 07 -5151
COVERING FAU FUNDING FOR THE COAST HIGHWAY -
DOVER DRIVE IMPROVEMENTS AND THE UPPER NEWPORT
BAY BRIDGE REPLACEMENT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Program Supplement
No. 1 to Local Agency -State Agreement No. 07 -5151 covering
FAU funding for the Coast Highway -Dover Drive Improvements and
the Upper Newport Bay Bridge Replacement;
WHEREAS, the City Council has reviewed the terms and
conditions of said Program Supplement No. 1 to Local Agency -
State Agreement No. 07 -5151 and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Program Supplement No.
1 to Local Agency -State Agreement No. 07 -5151 is hereby
approved, and the Mayor and City Clerk are authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 22nd day of August , 1977.
Mayor
ATTEST:
City Clerk
DDO /bc
8/19/77
% 0
CITY OF NEWPORT BEACH
CALIFORNIA
City 11.111
3300 W. Newport Blvd,
Area Code 714
DATE August 12. 1977
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. 19Fi8
Description of Contract u elaral Airl Prnipetn
Authorized by Resolution No. 9163 adopted on August 8, 1977
Effective date of Contract AngUat 11, 1977
Contract with State of Califoja Dent. of Transportation
Address npnr_ of Transportation - District 7
P.O. Boa 2304, Los Angeles, CA 90051
Amount of Contract See Contract
City Clerk
r 4
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 7304, LOS ANGELES 90051
(213) 620 -3340
July 22, 1977
07- Ora- 0-NptB
FAU General
Mr. Joseph T. Devlin
Director of Public Works
City of Newport Beach
3300 W. Newport Blvd.
Newport Beach, CA 92663
Dear Mr. Devlin:
Attached are two (2) copies of Local Agency -State Agreement
No. 07 -5151, covering Federal -aid projects in the City of
Newport Beach.
Please return an original copy of the Master Agreement,
executed on the part of the City, with a copy of the
authorising resolution attached to it. The remaining
copy is for your file.
The date of execution by the City should be typed in the
space provided on the first page of the agreement.
Sincerely,
R. W. ROMMOD
Local Assistance P.hgineer
Attach.
t
ft ft
LOCAL MENCY -STATE AREUT
iffIN
FEDERAL AID PROJECTS
07 Oran e Newport Beach
is ric ounty City
AGREEMENT NO. 07 -5151
MASTER AGREEMENT
7 THIS AGREEMENT, made in duplicate this // d day of
1927, by and between Ne ort Beach ,
po tica subdivision(s) of the State o Ca ornia hereina ter referred
to as "LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through
the Department of Transportation, herinafter 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,
fringe parking, bicycle transportation, pedestrian walkways, and mass
transportation projects; and
WHEREAS, the Legislature of the State of California has enacted
legislation by which certain Federal funds authorized 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 or
restoration of roads, streets, highways, fringe parking, and public
transportation facilities 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.
DH -OLA 255 (4 -77)
0 0
THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS
.1
1. Projects located in urbanized areas (unless exempt) must
be part of a program which serves to implement an areawide plan held
currently.valid by the regional transportation policy board.
2. 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.
3. Funds apportioned such as the STATE's share of FAS funds
are considered Federal -aid funds.
ARTICLE II - IMPROVEMENTS /RESTORATIONS
1. The term "IMPROVEMENT" or "RESTORATION" as used herein
means any work that is financed in part with Federal funds. .
2. The Supplemental Local Agency -State Agreement (program
supplement) shall be in a form prescribed by STATE; and shall
designate who shall advertise, award, and administer the contract,
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 supplement
by LOCAL AGENCY and approval by STATE shall cause such program
supplement to be a part of this agreement as though fully set forth
herein. Unless otherwise delegated the program supplement 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 or RESTORATIONS, LOCAL AGENCY
will conform to all STATE statutes, regulations and procedures (in-
cluding those set forth in the STATE's Local Programs Manual) re-
lating to the Federal -aid 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 pre-
paration of plans, specifications, and estimates.
4. Unless otherwise designated in the approved program supple-
ment, improvements will be constructed by contract in accordance with
DH -OLA 255 (4 -77 -2-
ft ft
Certification Acceptance procedures approved by the FHWA. Such pro-
cedures require the use of Specifications described in the State's
Certification; STATE approval of plans, special provisions and esti-
mated costs prior to advertisement; a certification by LOCAL AGENCY
with respect to the right -of -way; and advertisement for a minimum
of 3 weeks prior to bid opening. 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 the IMPROVEMENT or RESTORATION 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 con-
tract 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 providing for maintenance of the pro-
tective devices or other facilities installed under the service
contract.
6. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each improvement, including contracts awarded
by STATE. With prior State approval, surveying, inspection and test-
ing may be performed by a consulting engineer provided an employee of
LOCAL AGENCY is in responsible charge.
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 stipulate.
ARTICLE III - RIGHTS -OF -WAY
1. No contract for the construction of a Federal -aid IMPROVE-
MENT or RESTORATION project shall be awarded until the necessary
rights -of -way have been secured. Prior to the advertising of a proj-
ect 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 lia-
bility 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 improve-
ment free and clear of obstructions and encumbrances affecting the
DH -OLA 255 (4 -77) -3-
a 0
proposed project, the payment as required by applicable law of dam-
ages 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
project.
4. The LOCAL AGENCY will comply with Title II and 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 a Federal -aid
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
90 -days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro-
vide the State with specific assurance, on each project, that no person
will be displaced until comparable decent, safe and sanitary replace-
ment 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 FHPM 7 -5.
ARTICLE IV - FISCAL PROVISIONS
1. When a Federal -aid IMPROVEMENT or RESTORATION 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 con-
tract 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
DH -OLA 255 (4 -77) -4-
ft
ft
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 improvements, STATE will pay its agreed share and if
permitted by State Law will advance an amount equal to the legal pro
rata Federal share of the costs believed to be eligible for participa-
tion with Federal funds or will voucher Federal Highway Administration
for reimbursement.
4. LOCAL AGENCY shall use its own funds to finance the local
share of eligible costs and expenditures ruled ineligible for financ-
ing 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.
5. 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 with-
hold 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 with respect
to any project unless and until said project has been authorized by
the Federal Highway Administration and a Program Supplemental Agree-
ment has been executed.
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
DH -OLA 255 (4 -77) -5-
0 0
with Federal or State funds. LOCAL AGENCY shall insure that work per-
formed under this agreement is done in conformance with rules and
regulations embodying such requirements where they are applicable.
Nondiscrimination Assurances, Exhibit "A", are hereby considered a
part of this agreement.
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 approved by
STATE. 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 STATE. As
soon as agreement or contract with consultant has been awarded, two
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 Adminis-
tration, such records and documents may be microfilmed at the option
of LOCAL AGENCY, but in any event shall be retained for a three -year
period after FHWA payment of final voucher, or a four -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 any-
thing 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 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 not delegated to LOCAL AGENCY under
this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, STATE shall fully indemnify and hold
DH OLA 255 (4 -77) -6-
ft
ft
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.
ARTICLE VI - MAINTENANCE
1. Upon acceptance by the awarding authority of a completed
Federal -aid 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 transportation facility
shall maintain the completed work in a manner satisfactory to the
authorized representatives of the State and the United States. If,
within 90 days after receipt of notice from STATE that a project on
a transportation facility 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 transportation 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 main-
tained 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.
DH -OLA 255 (4 -77) -7-
ft ft
IN WITNESS WHEREOF, the parties have executed this agreement by
their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT 07 .
By .�/ IZI
DEPUTY District Director of Transportation
Approval Recommended:
oca Assistance Engineer
DH -OLA 255 (4 -77) -8-
CITY OF NEWPORT BEACH
gY
Mayor
ATTEST: / , '
fAffRRXffXXXXXXXXXXXXXXXXX XX
VXIXXXXXXXXXXXXXXXXXXXXX
XXXXXXX$ $
1.1011 1
E 11EIT "A"
NONDISCRIMINATION ASSURANCES
The;OQbttkTxY /CITY of NEWPORT BEACH (hereinafter)
referred to as the RECIPIENT HEREBY AGREES THAT as a condition to
receiving any Federal financial assistance from the California Department
of Transportation, acting for the U. S. Department of Transportation, it
will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT),
and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of
the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the
Federal -aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent
directives, no person in the United States shall, on the grounds of
race, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the RECIPIENT receives Federal
financial assistance from the Federal Department of Transportation,
HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary
to effectuate this agreement. This assurance is required by subsection
21.7(a) (1) of the REGULATIONS.
More specifically and without limiting the above general assurance,
the RECIPIENT hereby gives the following specific assurances with respect
to its Federal -aid Program:
1. "That the RECIPIENT agrees that each "program" and each
"facility" as defined in subsections 21.23 (e) and 21.23 (b) of
the REGULATIONS, will be (with regard to a "program ") conducted,
or will be (with regard to a "facility") operated in compliance
with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That the RECIPIENT shall insert the following notification
in all solicitations for bids for work or material subject to the
REGULATIONS made in connection with the Federal -aid Program and,
in adapted form in all proposals for negotiated agreements:
DH -OLA 255 (4 -77) -9-
AGREEMENT
EXHIBIT "A"
The (fR /CITY of NEWPORT BEACH or
other approved contracting authority) hereby note ies
all bidders that it will affirmatively insure that in
any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportu-
nity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color,
sex, or national origin in consideration for an award.
3. That the RECIPIENT shall insert the clauses of Appendix A
of this assurance in every contract subject to the ACT and the
REGULATIONS.
4. That the clauses of Appendix B of this assurance shall be
included as a covenant running with the land, in any deed from the
United States effecting a transfer of real property, structures, or
improvements thereon, or interest therein.
5. That where the RECIPIENT receives Federal financial assist-
ance to construct a facility, or part of a facility, the assurance
shall extend to the entire facility and facilities operated in connec-
tion therewith.
6. That where the RECIPIENT receives Federal financial assist-
ance in the form, or for the acquisition of real property or an interest
in real property, the assurance shall extend to rights to space on,
over, or under such property.
7. That the RECIPIENT shall include the appropriate clauses
set forth in Appendix C of this assurance, as a covenant running with
the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the RECIPIENT with other parties:
(a) for the subsequent transfer of real property acquired
or improved under the Federal -aid Program; and
(b) for the construction or use of or access to space on,
over, or under real property acquired, or improved
under the Federal -aid Program.
8. That this assurance obligates the RECIPIENT for the period
during which Federal financial assistance is extended to the program,
except where the Federal financial assistance is to provide, or is in
the form of, personal property, or real property or interest therein
or structures or improvements thereon, in which case the assurance
obligates the RECIPIENT or any transferee for the longer of the fol-
lowing periods:
DH -OLA 255 (4 -77) -10-
AGREEMENT
EXHIBIT °A"
(a) the period during which the property is used for a
purpose for which the Federal financial assistance
is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) the period during which the RECIPIENT retains own-
ership or possession of the property.
9. The RECIPIENT shall provide for such methods of administra-
tion for the program as are found by the U. S. Secretary of Transpor-
tation, or the official to whom he delegates specific authority, to
give reasonable guarantee that it, other recipients, subgrantees, con-
tractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS and this assurance.
10. The RECIPIENT agrees that the United States and the State
of California have a right to seek judicial enforcement with regard
to any matter arising under the ACT, the REGULATIONS, and this
assurance.
THIS ASSURANCE is given in consideration of and for the purpose
of obtaining any and all Federal grants, loans, contracts, property,
discounts or other Federal financial assistance extended after the
date hereof to the RECIPIENT by the California Department of Transpor-
tation, acting for the U. S. Department of Transportation, and is
binding on it, other recipients, subgrantees, contractors, subcon-
tractors, transferees, successors in interest and other participants
in the Federal -aid Highway Program.
DH -OLA 255 (4 -77) -11-
AGREEMENT 40
EXHIBIT "A"
APPENDIX A
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) Com liance with Regulations: The CONTRACTOR shall comply
with the regu ations re ative to nondiscrimination in Federally- assisted
programs of the Department of Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (here-
inafter 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 uring the contract, shall not discriminate on
the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONTRACTOR shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the contract
covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Subcontracts Includin Procurements of
Materials an Equipment: n all icitatJoni either by competitive
Fidaing or negotiation made by the CONTRACTOR 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 Re orts: The CONTRACTOR shall provide all
information an reports reTuiFed by the REGULATIONS, or directives
issued pursuant thereto, and shall 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 or directives. Where any information required of a con-
tractor 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.
(5) Sanctions for Noncom liance: In the event of the CONTRACTORS's
noncompliance with the non iscrimination provisions of this contract,
DH -OLA 255 (4 -77) -12-
AGREEMENT
EXHIBIT "A"
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
contract, in whole or in part.
(6) Incorporation �of Provisions: The CONTRACTOR shall include
the provisions o paragraphs aragra pis t rough (6) in every subcontract,
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
Administration 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, litiga-
tion with a subcontractor or supplier as a result of such direction,
the CONTRACTOR may request the State highway department to enter into
such litigations to protect the interests of the State, and, in addition,
the CONTRACTOR may request the United States to enter into such litiga-
tion to protect the interests of the United States.
DH -OLA 255 (4 -77) -13-
AGREEMENT 40
EXHIBIT "A"
APPENDIX B
The following clauses shall be included in any and all deeds
effecting or recording the transfer of real property, structures or
improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized
by law, and upon the condition that the RECIPIENT will accept title to
the lands and maintain the project constructed thereon, in accordance
with Title 23, United States Code, the Regulations for the Adminis-
tration of Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of
Transportation and, also in accordance with and in compliance with the
Regulations pertaining to and effectuating the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to
2000d -4), does hereby remise, release, quitclaim and convey unto the
RECIPIENT all the right, title and interest of the Department of Trans-
portation in and to said lands described in Exhibit "A" attached here-
to and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the
RECIPIENT and its successors forever, subject, however, to the covenant,
conditions, restrictions and reservations herein contained as follows,
which will remain in effect for the period during which the real prop-
erty or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision
of similar services or benefits and shall be binding on the RECIPIENT,
its successors and assigns.
The RECIPIENT, in consideration of the conveyance of said lands
and interests in lands, does hereby covenant and agree as a covenant
running with the land for itself, its successors and assigns, that
(1) no person shall on the grounds of race, color, or
national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected
to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby
conveyed (,) (and)*
DH -OLA 255 (4 -77) -14-
AGREEMENT
EXHIBIT "A"
APPENDIX B
(2) that the RECIPIENT shall use the lands and interests
in lands so conveyed, in compliance with all require-
ments imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally- assisted programs of
the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended (,) and
(3) that in the event of breach of any of the above -
mentioned nondiscrimination conditions, the Department
of Transportation shall have a right to re -enter said
lands and facilities on said land, and the above de-
scribed land and facilities shall thereon revert to
and vest in and become the absolute property of the
Department of Transportation and its assigns as such
interest existed prior to this deed.*
*Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77) -15-
AGREEMENT 40
EXHIBIT "A"
APPENDIX C
The following clauses shall be included in any and all deeds,
licenses, leases, permits, or similar instruments entered into by
the RECIPIENT, pursuant to the provisions of Assurance 7(a).
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds and leases add "as covenant running with
the land ") that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this (deed, license,
lease, permit, etc.) for a purpose for which a Department of Transpor-
tation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.), shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally -
assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of a
covenants, the RECIPIENT shall have t
lease, permit, etc.) and to re -enter
facilities thereon, and hold the same
etc.) had never been made or issued.
(Include in deeds)*
ny of the above nondiscrimination
he right to terminate the (license,
and repossess said land and the
as if said (license, lease, permit,
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re -enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT and its assigns.
The following shall be included in all deeds, licenses, leases,
permits, or similar agreements entered into by the RECIPIENT, pursuant
to the provisions of Assurance 7 (b).
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77) -16-
AGREEMENT
EXHIBIT "A"
APPENDIX C
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his personal representatives, successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds, and leases add "as a covenant running
with the land ") that:
(1) no person on the ground of race, color, sex, or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise subjected to discrimination in the use of said
facilities,
(2) that in the construction of any improvements on, over, or
under such land and the furnishing of services thereon, no person
on the ground of race, color, sex, or national origin shall be ex-
cluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall
use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re -enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re -enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT, and its assigns.
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77) -17-
RESOLUTION NO. 9 163
0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LOCAL
AGENCY -STATE MASTER AGREEMENT FOR FEDERAL
AID TRANSPORTATION PROJECTS
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a Local Agency -State
Master Agreement for federal aid transportation projects; and
WHEREAS, the City Council has reviewed the terms
and conditions of said agreement and finds them to be
satisfactory and that it would be in the best interest of the
City to authorize the Mayor and City Clerk to execute said
agreement;
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 8th day of August , 1977
ATTEST:
City Clerk
DDO:yz
8/2/77