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HomeMy WebLinkAboutState of California - Federal Aid Project - Master Agreement 1976 .' .' ( ( " /, .. LOCAL AGENCY-STATE AGREEMENT for Federal-aid Improvement Projects .~, ,'tr . . ! 04 ' Santa Clara Gilroy District, County City AGREE!1ENT NO. ? MASTER AGREE!1ENT .THIS AGREEMENT# mad,e in the City of Gilro;r this 5th day of April , 197..J; by and between ", City of Gilroy ~',H , political subdivision(s)' of the State of California, hereinafter referred "to as "LOCAL' AGENCY# II and the STATE OF CALIFORNIA,: acting by and through ' the Division of H1ghways of the Department of Transportation, hereinafter referred to ,as "STATE.WI "' WITNESSETH: WHEREAS, the Congress of the United States has declared it to be in the national interest for Federal Funds to be . expended tor highway proJe,ctsi and WHEREAS, the Leg1slatur~ of the state of California has enacted legislation by'which certain authorized federal funds may be made ava1lable fo~ use on local transportation facilities 1n accordance with the intent of feder~l acts; 'and WHEREAS, there exists a compelling need for improvements of streets and highways within the boundaries of LOCAL AGENCY; and . WHEREAS~ LOCAL AGENCf and STATE therefore desire to make use of such federal funos as may be made available within the jurisdictional boundarle3 of said LOCAL AGENCY; and WHEREAS, before Federal-aid will be made available ror projectsz LOCAL AGENCY and STATE are required to enter into an agreement relative to prosecution at; the saId project and maintenance of the completed facility. ( I I, THEREFORE I the parties agree as follows: ARTICLE I - CONDITIONS Federal funds may participate only in work which has been officially programmed to and authorized by the Federal Highway Administration in advance of its performance. ARTICLE II - IMPROVEMENTS 1. The term "IMPROVErtiENTII as used herein means any work that is financed in part with federal funds. 2. Supplemental Local Agency-State Agreements (programs), for improvements, shall be in a form prescribed by STATE and shall designate the federal funds requested and 'the matching funds to be provided by LOCAL AGENCY and if a State Highway 1s ' 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 thls 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 ~ork on a State highway shall be the subject of a separate cooperative agreement. 3. In pro~essing IMPROVE~lliNTS, LOCAL AGENCY wlll conform taall STAT~ statutes, regulations and procedures relating to,' the Federal-ale program and to all applicable federal laws, . regulations, acd polIcy and procedural or instructional memo- randa. This l~cludes, but is not limlted to# the holding or public hearings when r~quired, the publishing of various press notIces, ana tr.e preparation of plan~, spee~flcatlons1 and estimates. ' 4. Unless otherwise designated 1n the approved program, improvements wrIl be constructed by contract Inaccordance with regular federa~-ald' procedures. Such procedures require the use of Standarc Specifications having prior Federal Highway Adminlstra tlon ~pproval, FHWA approval of plans, 'special provisions and estimated cost~ prior to advertisement~ a certification t:.r LOC.AL AGENCY with respect to the right-or-way, advLrtise8ent :~r a ~lnimum of 3 weeks'prior to bid opening, and prior fffjA ~oncurre~ce in the award and acceptance of the contract. The ~ontract will ,be awarded by LOCAL AGENCY" its a3ent, or by S~ATE as may be determined between the parties [H'lor to ea c ~ ;- :'oject advertisement. 5. v/her. z:.:1 IlilPROVEMENT includes worl,:: to be performed by [:I 1'2i lroad, tr.,,= contract f'or such \'lork shall be entered into by ~UCAL AGENS~ or by STATE, as parties heretQ agree. A contract -2- ( I \. entered into by LOCAL AGENCY for such work must have prior approval of STATE and the FID~A. In either event, LOCAL AGENCY shall enter into an agreement with the railroad -providing for maintenance of the protective devices or other facilities installed under the service contract. . - 6. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of each improvement, including contracts a\iarded by STATE. With pri.or Federal Highvlay Administration approval, surveying, inspection and testing may. be performed by a consulting engineer provided overall super- vision of the contractor's operations and progress is performed by an employee or employees of LOCAL,AGENCY. 7.. STATE shall exercise general supervision over Federal- aId improvements and maY assume full and direct control over the proJect whenever STATE, at its sole discretion, shall determine that its responsibility to the United Stat.es so requires. LOCAL AqENC~ contracts shall so stipulate. ARTICLE III - RIGHTS-OF-WAY 1. No contract for the construction of a Federal-aid IMPROVEMENT shall be awarded until the necessary rights-of-way have been"secured. Prior to the advertising of a project on a local street, LOCAL AGENCY shall certify and upon req~est shall furnish STATE with evidence that necessary rights-of-way are available for construction pur~oa~8 or will be available by the titTle Qf contrac t award.. ' , 2. LOCAL 'AGENCY agrees to hold STATE harmleas from- any liability which may result Inthe event the rlght-of~way is not clear as certified. The furnishing of right-of-way as . provided for herein includes~ 1n addition to all real property required for the improvement, the payment of damages, as required, to real property not actqally taken but injuriously affected by the proposed imgrovemen.t.. LOCAL AGENC~ 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~ay have not been made available to the contractor for the orderly proGecutlon of . the work:. . . . 3. Subject to STATE approval and such supervision over LOCAL AGENCY'S right-of-way acquisition procedures as STATE may deter:'1ine is necessary, LOCAL AGENCY may claim reimbursement from Feder31 funds for expenditures to purchase rights-of-way included 'in an approved ?rogram. "ti 4. The LOCAL AGENCY will comply with Title III of the U;l.iform .Real Property Acquls11;ic;m Policy. -3- ( ~ . I . . . 5. Hhet[lcr' 0:' not Feder<Jl-aid is to be requested for rlght-of-waYJ should LOCAL AGENCY, in acquiring right-of-way for the IN?ROVE>;!:':'I"T, d ispla ce an indi v iuual, family, business, f<Jrm operatioll, or non-profit organization, relocation payments and services ~ill be provided as set forth in Chupter 5 of Title 23, u. S. Code. The PUblic will be adequately informed of the reloca tlon payments and services \'1hich will be available <Jnd to the greatest extent practicable no person la\'1fully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90~ays 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 ef.ficlent relocation of displaced persons for the project as required by Fffi~A dIrectives. . ARTICLE IV - FISCAL PROVISIONS 1. When a Federal-aid IMPROVEMENT contract is to be awarded by STATE, matching funds will be provided by LOCAL AGENCY prior to the time that such funds are required to reimburse contractor. STATE will bill LOCAL AGENCY for amount due immediately following contract award or at option of LOCAL AGENCY will submit monthly bills during life of contract. 2. The estimated total cost of Federal-aid projects; the amounts of Federal-aid programmed, and the matching amounts agreed upon mAY be adjusted by mutual consent of the parties hereto, provided f'unds are available to cover lncreases and provided Federal Highway Administration concurs In any increase in the Federal-aid. - . - 3. Upon subrni ttal by LOCAL AGENCY of a sta tement of expenditures :for Federal-aid 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 Hiehway Administration for subsequent reimbursement. 4. LOCAL AGENCY shall use "nonfederalt' funds to .finance the local share of eligible costs and expenditures ruled ineligible :for financing with federal funds. STATE shall make prellmin3ry determination of eligibility for :federal fund financing. UI tl:na te determination shall rest \'1 ith the Federal 1I1CtW;;JY }\(;'.1n1s tr2 tior.. Any. overpayment of <1illounts due shall l;c r'etUl'nu_~ 1:"0 STAJ:1E upon demand. -4- , t, ~, 5. Hhen coy portion of a LOC.l\L AGENCY project is performed by ST^TE~ charges therefor shall include assessment on direct labor costs in accordance with Section 8755.1 or the State Administrative r.!.anual. The portion of such charges not financed ~/ith Federal runds shall be paid from funds of LOCAL AGENCY.. - , " , . 6. Should LOCAL AG~CY fail to pay monies due STATE, within 30 days of demand or within such other period as may be a~reed between the parties'hereto, STATE~ acting through State Controller, may withhold an equal amount from €uture apportion- ments due LOCAL AGENCY from the Highway Users Tax F'und~ 7 . Auditors of STATE anq the United States sha'll be given access to LOCAL AGENCY'S books and records and shall be given such assistance 'and information as is requested .for the purpose .' ot: cne.cking costs paid or to be paid by STATE hereunder.. ARTICLE.V :.. l~ISCELLAtfEOUS PROVISIONS 1..: .This agreement sha 11' hc;rve no force 'or e.ffec't unless and untllsald prOject has been aut~orized by the Federal ~1ghway Administration.. . , , .' 2.. The Congress of the United States, the Legislature or the State or Callrornia~ and the 'Governor of the State or 'California, each within their respective jurisdiction, have. . prescribed certain employment practices with respect to contract and oth~r 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 applica~le. Any agreement or service contract entered into by a LOCAL AGENCY for the performance of \'1ork connectecl with this agreement shall incorpora te Exhil:lit It J\ 11 attached hereto, or such other provisions as STA~E Or Federal Highway Administration may_prescribe. 3.. Hhen Federal .runds' are to p'articipa te 1"0 the cost of the'work done by a consultant, the agreement or contract with the consultant may not be executed or awarded until the selection of the consultant and the terms or the agreement or contract have , been found by STATE to be in conformance with Federal Policy and Procedures and have been approved by the Federal Hic;h~'/ay · Administration. Such aBreement or contract shall include a provision that the \<JOrk and recor-ds of the consultant are subject. to inspection at all times by representatives or LOCAL AGENCY, STATE~ anothe Federal Highway Administration and ,that agreement or contract may be terminated by LO~AL AGENCY upon a rinding that the consultant is failing to live up to the terms of the 2.e;reement or contract.. All ma jor chartges in the agreement or contract must have prior approval of the Federal Hlgh'ilay -5-' ( \ 'Adcflinl s tra tlorL ;"11 such approva is shall be requested through STATE. As soon uS 2greement or contract with consultant has been. awarded five. certified copies of said agreement or contract shall be SUbr.litted to STATE. 4. LOCAL AGENCY and its contractors shall retain all origInal records and documents relating to work l:1ereunder financed in part with federal funds. and shall make same available for.inspection by STATE and Federal representatives upon request.. . Following final settlement of the project . accounts with the Federal Highway Administration, such records and documents may be microfilmed at the option of LOCAL AGENCY but in any event shall be retained for a 3-year period after submission of. the final voucher or a 4-year period from the date of final payment under the contract, whichever is longer. 5.. (a) Neither STATE nor any officer or employee thereof' shall be responsible. for any damage or liability occurring by reason of anythlng done or omitted to ce done by a LOCAL. AGENCY under or in- connection with any work, authority or jurl~diction delegated to a LOCAL AGENCY under this agreement. . It is also understood and agreed that, pursuant to Government Code Section 895.4, LOCAL AGENCY shall fully indemnify and hold STATE harm- less from any liability imposed for injury (as defined by .- ,Government CooeSection 810.8) occurring by reason of anything done or omitted to be done by LOCAL AGENCY under or 1n connection with any wQrk~ authority o~ Jurisdiction delegated to LOCAL AGENCY under this agreement. (b) Neither LOCAL AGENCY nor any of rIcer. 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 G9ver~~ent Code Section 895.4, STATE shall fully indemn1.fy and. hold LOCAL AGENCY harmless from any liability imposed ror injury (a$ defined by Government .Code Section.810.B) 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 - NAINTENANCE 1. Upon acceptance by the awardin~~horlty of 9 completed Federa~-aid improv~m~nt groi~~~-p~upoO-tbg contractor bein~ relieved of the r~pons1-bl1ity for maintaln~n.[.3!-fLcl_pr9:- ... tee E ,ng "?_2~t.i~..n9r_ th~. ~o!"l{, .._tQ..e a~ency having Jurisd iction over the street shall malntairi the completed work in a manner sa tisfact:;or,y to thsLJ!.uthorlzed repr~sentatives of the United . . .S~ If J \.,-ithin 90 d.ays after receipt of notIce rrOmSTATE -6- 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 oe withheld until the project shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this section shall not apply to a street facility which ,has been, vacated through due process of law. 2. The maintenance refe~red to 1n paragraph 1 above includes 'not Qnly the Physical condition of the facility but 1 ts opera tion as \'lell. TraffIc opera l;ions . improvements on loca 1 str.eets shall be maintained by an adequa te and wel~-' trained staff of traffic engineers and technicians. SaId maintenance staff may be employees ofa LOCAL AGENCY, another unit of government pr a consultant under contract with a LOCAL AGENCY. -7- \ \ IN HITNESS '.~-r.::3EOF,J the pllrties ha ve executed thl s agreement by their duly authorlzed officers. STATE OF CALIFORNIA Department of Transportation Division of Hi8hways CITY OF Gilroy HEINZ HECKEROTH Assistant Director, Highways ---- /~ / . By )/ /t:&:/~/~<-e.l. . I'<1ayor . .~.( . ATrEST: ~1~~ b~ By /i_ .)~-~:. . _ . .. ~lty Cl~rk - . 0 . Chief, . fflce of '~cal Assistance. . . .. , Approval Recommended: ~q~~~ ~aputy Distrlc irector 0 ran~p~rtat on ~ "7 U/h.,~ oca Assistance Engineer Clerk of Board ........ . -8- ( , ( EXHIBIT A ):rC:~DISCRIMINATIOfi PRC."ISIONS: During the perfor8ance of this contract, the contractor, for itself, its a~:3ignees and successors in interest, (her~inafter referred to as the "contractor") agrees as follmvs: (1 ) '(2 ) , Compliance with Regulations: The contractor shall comply v-lith 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. 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 s~bcontractors) including procurements of materials and leases of equip- ment. The contractor sh?ll 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 fopth in AppendL~ B of the Regulations. (3) Solicitations for Subcontracts Includin Procurements o . Materia s and E~uiPment~n a. ,so ic~tations eit er by competitive bid ing or negotiation made by the con- tractor for work to be performed under a subcontract, including procurements of materials or .1ease~ 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 nondiscrimipation on the grounds o.f race, color, or nation~l 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 illforma- tion, and its facilities as may be determined by the State highway department'or the Federal Highway Administration to be pertinent to ascertain compliance witn such Regulations or directives. \Vhere any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this inform~tion, the contractor shall so certify to the S~ate highway department, or tpe Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. -9- " , , \ . . , Sanctions for :~:':-c::ompliance: In the event. of the contractor's noncompliance ~~~~ the nondiscrimination provisions of this contract, the S~3.te 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 ~ontract until the contractQr complies, and/or . (b) cancellation, termination or su~pension of the con- tract, in whqle 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 th~ State highway department or the Federal Highway Adminis- tration maydirec~ as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, tha~, in the event a contractor becomes involve~ 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 l.itigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the 'interests of the United States. " ." ., .'" -10-