CC RES 1975-033 RESOLUTION NO. 75-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING THE MASTER AGREEMENT
BETWEEN CITY AND THE STATE OF CALIFORNIA AUTHOR-
IZING THE USE OF FEDERAL FUNDS IN THE CONSTRUCTION
OR IMPROVEMENT OF CITY STREETS
WHEREAS, the Congress of the United States has in the Federal-
Aid Highway Act of 1970 declared it to be in the national interest
for Federal Funds to be expended for highway and fringe parking pro-
jects on the Federal-aid Urban System within urbanized areas; and
WHEREAS, the Legislature of the State of California has enacted
Chapter 201 of the Statutes of 1971, by which the federal funds author-
ized may be made available for use on county highways, city streets,
state highways and fringe parking in urbanized areas in accordance with
the intent of the federal act; and
WHEREAS, there exists a compelling need for improvements of
streets and highways and fringe parking facilities within the boundaries
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 pro-
gram, LOCAL AGENCY and STATE are required to enter into an agreement
relative to prosecution of the said project and maintenance of the
completed facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, does resolve to approve the Master Agreement between the City
and the State of California contained in Exhibit A, including Exhibit A
of said agreement.
PASSED, APPROVED AND ADOPTED this 15th day of April , 1975.
45&t.4.7„.
OR
ATTEST:
Ad,
CITY CLE"K /
I HEREBY CERTIFY that the foregoing is a true and correct copy
of a resolution passed and adopted by the City Council of the City of
Rancho Palos Verdes at a regular meeting thereof held on the 15th day
of April , 1975.
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CITY C- ERK P
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LOCAL AGENCY-STATE AGREEMENT
for
Federal_-aid Urban System Projects
F.A.U.
07 Los Angeles Rancho Palos
District County City Verdes
AGREEMENT NO. 17
Los Angeles/
MASTER AGREEMENT URBANIZED AREA Name Lon g Bea c h
URBANIZED AREA No. 021
THIS AGREEMENT, made in duplicate this day of
, 19 , by and between the City of Rancho Palos Verdes ,
political subdivision( s) of the State of California, hereinafter
referred to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by
and through the Division of Highways of the Department of Transportation,
hereinafter referred to as "STATE".
WITNESSETH :
WHEREAS, the Congress of the United States has in the Federal-
Aid Highway Act of 1970 declared it to be in the national interest
for Federal Funds to be expended for highway and fringe parking
projects on the Federal-aid Urban System within urbanized 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, state highways and fringe parking in urbanized areas in
accordance with the intent of the federal act ; and
WHEREAS, there exists a compelling need for improvements of
streets and highways and fringe parking facilities within the
boundaries 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.
FT - r r Y'? f CITY OF T lx! 1Y ...
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THEREFORE, the parties agree as follows :
ARTICLE I - CONDITIONS
1. The project is located 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 transporta-
tion policy board.
3. Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway
Administration in advance of its performance.
ARTICLE II - FAU IMPROVEMENTS
1. The term "FAU IMPROVEMENT" as used herein means any con-
struction 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 County's Procedures and Criteria Approved
c. The project selected by the County on the basis of
the established Criteria
3. Unless otherwise delegated the County Board of Supervisors
shall provide an endorsement that the project(s) was chosen for
FAU funding.
4. 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 in-
cluding work on a State highway shall be the subject of a separate
cooperative agreement.
5. 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
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policy and P
olic d rocedural or instructional memoranda. This includes,
but is not limited to, the holding of public hearings when required,
• the Pu bl ishing of various press notices, and the preparation of
plans, specifications, and estimates.
6. 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
procedures require the use of Standard Specifications having prior
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Federal Highway Administration approval, FHWA approval of plans,
special provisions and estimated costs prior to advertisement,
a certification by LOCAL AGENCY with respect to the right of way,
advertisement for a minimum of 3 weeks prior to bid opening, and
prior FHWA concurrence in the award and acceptance of the contract.
The contract will be awarded by LOCAL AGENCY, its agent, or by
STATE as may be determined between the parties prior to each
project advertisement.
7. 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
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of STATE and the FHWA (if Federal funds are used) . In either
event, LOCAL AGENCY shall enter into an agreement with the rail-
road P roviding for maintenance of the protective devices or other
facilities installed under the service contract.
8. 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
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operations and progress is performed by an employee or employees
of LOCAL AGENCY.
9. STATE shall exercise general supervision over FAU
improvements and may assume full and direct control over the proj-
ect 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 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 con-
struction purposes or will be available by the time of contract
award.
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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 presecution 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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2. The estimated total cost of FAU projects, the amounts of
Federal-aid programmed, axfd the matching amounts iagr e ed 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. Ul t imat e
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.
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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
b y a LOCAL AGENCY for the performance of work connected with this
agreement shall incorporate Exhibit "A" attached hereto, or such
other provisions as STATE or Federal Highway Administration may
prescribe.
3. When Federal funds are to participate in the cost of 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
Memorandum No. 40 -6 and have been approved by the Federal Highway
Administration. Such agreement or contract shall include a
provision that the work and records of the consultant are subject
to inspection al 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 funding that
the consultant is .fail:_ng 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. consul_tant has been awarded five certi-
fied 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 High-
way Administration, such records and documents may be microfilmed
at the option of LOCAL AGENCY but in any event shall be retained
for a period of three years.
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 an y liability imposed for injury (as defined by Government
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Code Section 810. 8) occurring by reason of anything done or omitted
I/ 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 day *e or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction not dele-
gated to LOCAL AGENCY under this agreement. It is also under-
stood and agreed that, pursuant to Government- Code Section 895. 4,
STATE shall fully indemnify and hold. LOCAL AGENCY harmless from
any liability imposed for injury (as defined by Government Code
Section 810. 8) occurring by reason of anything done or omitted to
be done by STATE under or in connection with any work, authority
or jurisidction not delegated to LOCAL AGENCY 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 representatives 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 Administration. 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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s FAU AGREEMENT
IN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized officers.
STATE OF CALIFORNIA CITY OF RANCHO PALOS VERDES
Department of Transportation
Division of Highways
R. J. DATEL
State Highway Engineer B y �2 .- •
_1 Mayor
By _. zr` ATTEST :�f•� /)4t�4 AO.
• ce o oca. A ssistance Czty C .er
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Approval Recommended:
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MMCITZX
DEPUTY District Transportation Director
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F. 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 Re ulat ions : 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
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of Materials and Eou.ie nt: In all solicitations either
by competitive bidding or negot iat ion made b r the con-
tractor �
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 Reporter: 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.
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(5) Sanct ions fo 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) .Incorporat ion 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 t o protect the interests of the United States.
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