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HomeMy WebLinkAbout1978-11-21; City Council; 5660; Department of Transportation Master Agreement No. 11-5308 for Federal Aid Programs and Supplement No. 01 for Reimbursement for Force Labor Work Used for Storm Damage Reparation- CITY OF CARLSBAD `-�'t) tf Dept. Head AB£NDA Bl l<r N0. .S la U — ����; �, iJovember 21 i478 __ City Atty. . DEPARTMgMT. Pub IIc taorks City Mgr. _ 4 "aft EC DirPARTl4ENT OF TRAtd$PORTAI ION MASTER AGREEMENT NO. FOF+ FEDERAI AID PROGRAM; "AND SUPPLEMENT NC. 01 FOR REIMBURSEMENT FOR F(h4CE LABOR wORk rED MR STOW . DAilAGE REPARATIONS � ,.• . STATEMENT AF THE ,p1ATFER: _ Ourin3 the heavy rainstorms last winter, part of El Camino Real south of y`^V, Marron Road,was washed out. Due to the immediate nature of the situation _v* the revair work was accomplished by force laboc. STstce this road Is part of the Federa 11d Urban system it was necessary to make application for storm damage to the State Department of Transpor+a- filon apart from the regular storm damage application that will be funded by the Federal government. In order to be reimbursed for this work it Is necessary to exSupplement Nothe ster . 01Aspecificallyreement ering all covering the emergencvrrelief - and -to execute Supplement P projects. Exhibits ' Resoluiion to. `S authorizing execution of Department of Transportation Master Agreement No. 11-5308. Resolution No. .�l.// authorizing execution .f Department of Transportation '. %Supplement No. OI to Master Agreement No. 11-5308. 'Recommendation- I f Council concurs, adopt Resolution No. _:MIQ ar,d Reso l ut ion No. ,!lv // authorizing and,directing the Mayor to execute Department of Transportation - Master Agreement No. 11-5308 and Supplement No. 01, respaetively 'Council action, Y 11.-21-78 Council adopted Res. 5610, authorizing execution of a local Agency -State agreement for Federal -Aid Projects; and adopted Res. 5611, auth,rizing,execution of a supplement to Local Agency -State Agreement for Emergency Relief Projects. 4 RESOLUTION NO. 561S 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A LOCAL AGENCY -STATE AGREEMENT FOR rEDERAL-AID PROJECTS 4 The City Council of the C?ty of Carlsbad does hereby resolve as follows: 5 1. The Mayor of the City of'Carisbad Is hereby authorized and directed g to execute, on ►_�chalf of the Clty of Carlsbad, that certain Local Agency -State 7 Agreement for Federal4ld Projects, with the Statu of California, Department k : b .bf Transportation, a copy of which Is attachod4rorato and by this reference - 9 Incorporated herein. 10 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of - :L1 the City of Carlsbad, California, hold the 2lstday of 9 infer 12 1978, by the following vote, tG wit: • AYE., Councilmen Packard, Skotnicki, Anear, Leviis and Councilwoman Casler 3A ; NOES: None ' 18 ABSENT: None 3.61 R A PA KARD, Mayor 17 ,. 18 ATTEST: ' ALEIHA L. RAU1'ENKRANZ, Cifiy Clerk 21 22 (SEAL) 2a . ?0- 27 281 z 1 yr LOCAL ter» -STATEIGREBOr t ,. - •'FOR + on r rED AL. -AID PROJECTS 3 t, 11 San Diego - Carlsbad District ounty GI ty n . AGREDIENT•HO. ,- • -, t��tsT�n, tEuRE`E�+ertr • • , , , < u G pis -AGREEMENT, made in this day of sty Car , 19 , by and bethE e' o s au , pq tYica subaiMion(sy of the State of Ca orni;. ere natter referred to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by and through to as "STATE". r the Dopartipent of Transportation, herinafter referred kt' ' WITNESSEM, 1 - � ± WHEREAS, the Congress of the United States has declared it to be :.� in the national Irorest for Federal Funds to be expanded for hignway, fringe_ parking, bicsycle transportation, pedestrian, walkways, and mass transp6gatiun projea.s; and :i+WNEREAS,'the Legislature of the State of California has ena.ted u° iegisl>tton.by which certain Federal funds authorized may be madu use on local transportation facilities in accordance , • av+-•rable,,,)r '-Federal acts; and .WI;EREAS, there,axists a compelling need for improvements oc highways, fringe parking, and putlic restoration of'roads, streets, transportation facilities W t:i.: the boundaries of LOCAL. AGENCY; and WHEREAS, LOCAL AGENCY and STATE the,efore oesire to make use of such Federal -funds as may tw made available w4hin the jurisdictignal boundaries of said LOCAL AGENCY; and WHEREAS, before Federal -aid will be made available for projects, LOCAL MENU: and STATE are required to enter into an iiyreemLnt relative to prosee,tttlon of tae soid project alod maintenance of the completed facility. SEP 6 1579 OH-OLA 255 W77) THEREFORE, the parties agree as folUtrs;', Y AQiICLE I - CONDITIONS } 1. projects located in urbaaixed areas (unless exempt) must be part of a fbllich ed.implement an awide plan boarheld currently valdy theregionaltransportation policy 2. Federal fume may pb.ticipate only in -nr►c which has been officially programmed to and authorized by the Federal Highway dmainistration itt'advance of its performance.. 3. Funds apportioned such as the STATE's share of FAS funds are considered Federal -aid funds. ARTICLE II IHPMVEMENTS/RESTORATIMS 1, The term "IMPROVEMENT" or "RESTORATION" as use4 herein means any gork that is financed in part with4ederal funds. 2. The Supplemental Local Agency -State Agreement (program supplement) shall be in a form prescribed by STATE; dnd shall Y designate who shall advertise, award, and administer thg coutr,ct, the Federal funds requested, and the matching funds to be provided by LOCAL AGENCY, and, if a State Highway is invelved, the matching funns,to be provided by STATE. Adoption of the program supplement by LOCAL AGENCY and approval by STATE shall cause such program Supplem e. to be a part of this agreement as `hoGgh fully se: forth fiet'ain. Qnless otherwise delegated the progrprs supplement shall be apprrw-id by•the LOCAL AGENCY 's governing body. Ccoperative projects fpcluding-work on a State highway shalt bs the subject of a separat: ___ al!yy.�waL•un-Aff�trlY4lhfit, - ' In processing IMPROVIrMEN;S or RLSTORA•i:ONS, LOCAL AGENCY "-Vill ,conforl,.to all STATE statutes, regulati.ns and procedures (in- cluding those set: forth in the STME's Local Programs tiarvtal) re- lating to the Federal -aid program apd to all ap;licable Federal laws, regcflaticns, and policy and procedural or irs ruction,l memoranda. This includes, but is nct limited to, the holding of public hearings When required, the publishing of varrous press notices, eed thn pre- porativn'of plans, specifications, and estimates. A. Unless athnewise designated in the approved prog^am supple- tn�nt« ini,araverents.wiI be constructed by contract in accordance with •t,4,OLA 255 (4-77 -z- -- -- - - Certification Acceptance procedures approved by the FHVIA. Such pro- tedures require the use of specifications described in the State's Certification; SUITE approval of plans, special provisions and esti- mated costs. prier to advertisement; a certification by LOCAL AGENCY Jqith 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.AG£NCY, its agent, or by STATE as ray oe c+etermined between the -parties prier to each project advertisement. S. 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 her-.o agree. A con- " Tact entered into by LOCAL AGENCY for such work ust have prior into :�04val of STATE. In,either event, LOCAL AGENCYVail enter an agreement with the railroad providing for maintenance of the pro- tective devices or other facilities installed under the service contract. A 6. LOCAL AGENCY shall peovide or arrange for adequate super- vision and inspection of each improvement, including contracts awarded by STATL'. 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. STATC shall exercise general supervision over Federal -aid = improvements and may ass.,.: full and direct control over the project whenever STATE, at its sole discretion, shall determine that ;ts responsibility to the United States so requires. LOCAL AGENCY contracts shall so stipulate. ARTICLE III - RIGHTS -OF -WAY 1. No contract fer the construction of a Federal -aid IMPROVE- �__a 1-tall be lcd til the necessary (•ik1Y1 or RESTunt�Tlvii jir`vaawa sua+ � ua uni+r w�v w,..,, �.. �........�..,, rights -of -way have been secured. Prior to the advertisint, of a prof - 'ect on a Tocal street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights -or -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 bbich 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 OIt-OLA 255 (4-77) "3- �• � I • r Imo. 1 proposed project, the payment as required by iaplicpble law of dam- ages to real property not actually taken but xnjariously affected by the proposed improvement. LOCAL. AGENCY shall pay from its funds ' any costs wh1ch arise out of delays to the contractor because utility facilities havQ not been removed or relocated, or because rights -of - tray have not been made available to the contractor for the orderly prosecution -of the work. .3. Subject to STATE approval and such superiision over LOCAL AGENCY's right -of -Tray 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. S. Whether or not Federal -aid is to be requested for right-of- ir�y,-should LOCAL AGENCY, in acquiring right-of-way for a Federal -aid IMPRGVENIFUT, 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 .tn�fch riiT1-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 assu,+nce, on eac'i 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 ra:ot;ation program is realistic Lard is adequate to provide orderly, timely and efficient relocation of displaced persons for the project as provided in RPM 7-5. N\TIvLE IV fIerm 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-aiti programmed, and thi, matching amounts ogreed upon may bE D1.1-OLA 255 (4-77) -4- 'o'� T ,^ `` ,` '�.� ,' a .•� 'r�'�'iM1 � adjusted by, mutual consent of the parties i:ereto, provided funds are ;aYailable to cover increases and provided Federal Highway Administration concurs in aqy increase in the Federal -aid. ' - 3. Upon submittal by LOCAL AGENCY of a statement of expenditures for-rederal-aid improva:ients, STATE will pay its agreed share and if permitted.by State Law will advance an amount equal to the legal pro rata Federal spars of the costs believed to be eligible for participa- tionwith Federal funds or will voucher Federal Highway Administration ' for reimbursement. ,.. d. LOCAL AGENCY shall use its otm funds to finance the local share of eligible costs and expenditures ruled i1eligible .or financ- ilg:frith 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. iihen 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 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. ' t 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 611-OLA 255 (4-77) -5- with Federal ar 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 As;uraices, Unibit "A", are hereby considered a ortl,b f this agreement. 3. When Federal funds are to participate in the cost of work clone 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 tne consultant are subject to inspection at 41 times by representatives of LOCAL AGENCY, STPITE ?nd the Federal i6frway Administration and that agreement or Conti -act 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 record,:, and cocuments relating to work hereunder financed in part idtt Federal funds and shall make same available for Inspection by STATE and Federal representatives upon request. Following final settlement.of the prlDjept accounts with the Federal Highway Adminis- iration, 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 FRA payment of final voucher, or a four-year period from the date of final payment under the contract., whichever is longer. '(a) Neither STATE nor any officer or employee thereof shall 461'responsible for any damage or liability occurring by reason of any- thing done or omitted to be done by I.00AL AGENCY under or in connection wJ+ delegated to LOCAL AGENCY th_,aqwork, authority or jurisdiction under this agreement. it is aiso understood and agreed Vint, pursudot 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 anythinr, 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 !nd agreed that, pursuant to Government Code Section 895.4. STATE shall fully indemnify and hold 611 OL-A 255 (4-77) -6- � 3 LOCAL AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring,by reason of anything done or oraitted 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 - 11AINTENANCE 1. Upon acceptance by the awarding authority of a completed •federal -aid project or upon the contractor being relieved of the '�Nsponsibility-for maintaining and projecting-a-�portien of the work, 'tWggency.having the facility jurisdiction over transportation 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 Admiristration. The provisions of this section t shall rot apply to a tran;,,;,rtation 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 en local streets shall be main- " tained by an adequate and sell -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. 1)!t-OCA 255 (4• 77) -7- IN WITNESS WHEREOF, the parties have executed this agreenant,by their duly authorized officers. STATE OF CALIFORNIA CITY OF Carlsbad -DEPARTMENT OF TRANSPORTATION ►:. . DISTRICT 11 Ozz'By y �C District w rector of Transportation Mayor A'iTESTT 1 - Approval Recomrended: City Clerk Co"cal Assistafice Engineer COUNTY OF BY Chairman, Board or SupervisoFs ATTEST: t5` Terk -of Boa b 'DR-OLk 215 (4-77) .g. MET "!i'' NONDISCRIMINATION ASSURANCES ' 'The AV/CITY of Carlsbad (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 %611-comply with Title VI of the Civil Rights Actpsf 1964, 78 Stat. 252, 92` J.S.C. 200Od-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, Par* 21, Nondisrrimination in Federal Ij-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 trom 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 6 effectuate this agreement. This assurance is required by subsection 21:7(a) (1) of the REGULATION°. , More specifically and without limiting the above general assurance, they°RECIPIENT hereby gives the following specific assurances with respect to its Federal -aid Program: ' - w .1, 'That RECIPIENT agrees that each "program" and each -the __.._ ,'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 it compliance with all requirements imposed by, or pursuant to, t . 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: 'DO-0LA 255 f4-771 ..q- . AGREEVVIT ° . EXHIBIT °A" The (011, T,T (CITY of Carlsbad or other approved contracting aut ority)hereby nott ies all bidders that it will Wirrrativaly insure that in rT a any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportu- i ty 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 asssurance in every contract subject to the ACT and the REGULATIONS. , " Q. That -the clauses of Appendix 0 of thfs assuraace shall be_ iOW& `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 c6nsti4Qct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connec- tion therewith. , 6. That there the RECIPIENT receive:, 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 :n Appendix C of this assurance, as a covenant running with "the lard, 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 for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal -aid Program. a. That this assurance obligates the RECIPIENT for the period during which 6 Federal financial assistance is extended to the program,,-except rogram, - except where the Federal financial assistance is to provide, or is in t46 form cif, oersonal 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: -Oli-OLA 255 (4-77) nm ®1► AGREkHT ' 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 M the period during which tfie RECIPIENT retains own- ership or possession of the property. 9. The RECIPIENT shall provide for such methods Gf administra- tion for the program as are found by the U. S. Secretary of Transpor- tation, or tfie official to whom he delegates specific authority, to ,,give •reasonable ouarmntee that it, other redipigLts, subgrantees, con- trictors, 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 REGULATIONt 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 tr,atter 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, subtcn- tractors, transferees, successors in interest and other participants in the Federal -aid Highway Program. Ofl-OLA 255�(4-77) •II- .. AGREEMENT 4 EAHIBIT "A" -r .,APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred �tv as the CONTRACTOR) agrees as follows: (1) Compliance with Regulations: The CONTRACTOR shah comply with the regulations rt: ative to ko­ncfiscrimination in Federally-ass'sted „programs of the, Department of Transportation, Title 49, Code of Federal - Regulations, Part 21, as they may be amended front time to time, (here- - %afttr referred to as the REGULATIONS), which,ar&lerein incorporatEd by r—eference and made a part of this contract. (2) Nondiscrimination: 'The CONTRACTOR, with regard to t'a , work performed by it luring tt.a contract, shall not discriminate on th:e 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 L of the REGULATIONS, including employment practices when the contract j _covers a program set forth in Appendix 8 of tiie REGULATIONS. „ (3) Solicitations for Subcontracts, Including Procurements of +. Materials an E uq in al I solicitations either by competitive �parant:. h dding o' r 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 contracto►'s obligations under this contract and the REGULATIONS relative to nondiscrimination on the grounds of ' races color, or national origin. (4) Information and Reports; The CONTRACTOR shall provide all ___,information an reports require 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 o 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 Noncompliance: In the event of the CONTRACTORS's nonCrmpliance with the nondiscrimination provisions of this contract, DN-OLA 255 (4-77) -12- AGREENEV17 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. (0) Incorporation of Provisions: The CONTRACTOR shall include the provisions of paragraphs-(Tjthrough ,(6). in•every subcontract, AAncluding procurements of materials and leases AL_equipment, :unless exempt by the REGULATIONS, or directives issued pursuant thereto. _ The CONTRACTOR shall take such action frith respect to any subcontract or procurement as the State highway dep�(irtment 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- j AGREEMENT EXHIBIT "A" APPENDIX 0 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) oi4NON, THEREFORE, the Deparbuent of Transportation, as authorized dU and upon the condition that the RECIPIENT w*i 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 20OOd-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 ;o said lands described in Exhibit "A" at' .:red here- to and made a part hereof. (MENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the RECIPIENT and its successors forever, subject, however, to the cuvenant, 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 igteruts 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, he denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in:rT on, over, or under such lands hereby conveyed (,) 6e ll' DH-0LA 255 (4-77) -lqr ,+ AGREEMENT ' EXHIBIT "A" APPENDIX D (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 ,vent of breach of any of the above - mentioned nondiscrimination conditions the Department - = of 'transportation shall have a right Ne-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. DII-OLA 255 (4-77) -15- c-, ' u ' �s®a■a AGREEMENT 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 covenart running with cfthe land") that in the event facilities are constructed, maintained, or igm se operated on the said property described AQ_chis (deed, license, lease, permit, etc.) for a purpose for which a bepartment 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.;.-ograms of the 0apartment 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 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. The following shall be included in all deeds, licenses, leases, permit., 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. 011•OLA 255 (4-77) -16- AGREEMENT EXHIBIT "A" APPENDIX C The (granter., licensee, lessee, permitt", etc., as appropriate) fos• himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant :and agree (in the .ase of deed;, and iea5es add "as a covenant running with the land") that: (1) ° 9 person on the ground of race, color, sex, or national origin 46 tl 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 furnishi..� of services thereon, no person on the ground of race, color, sex, ar 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, pernittee, 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 atove 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, leaso, permit, etc.) had never been made or Issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, Oe RECIPIENT shall have the right to re-enter said land hod facilities thereon„ and the above described lands and facilities shall thereupon revert to and vest in anv bacciiie the absolute. property of the -RECIPIENT`, and its assigns. .o * Reverter clause and related language to be used only when it is determined thyt such a clause is necessary in order o'fectuate the purposes of Title "l of the Civil Rights Act of 1569. e • DII-QLA 265 (4-77) .I7- Ask 3. RESOLUTION NO. 5611 ' 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE 3 A SUPPLEMENT 10 LOCAL AGENCY -STATE AGREEMENT FOR EMERGENCY RELIEF PROJECTS 4 5 The City Council of the City of Carlsbad does hereby resolve as follows. I. The Mayor of the City of Carlsbad is hereby authorized and direcfed to execute, on behalf of the City of Carlsbad, that certain Supplement No. 01 -to Local Agency -State AgreemenT No. !I-5308, 0*0 the State of California, 9 Department of Transportation, a copy of which is attached hereto and by this 10 reference incorporated herein. 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of 22 the City of Carlsbad, California, hold the 213t day of Noye,mbLr 1978, 13 by the following voto, to wit: 14 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler 3.5 NOES: None . 3.6 ABSENT: None3.7 f i20NAL0 C. PACKARO, Mayor ATTEST: 20 21 A WW16.icF1U i E&W, C}.� 22 E� 213 (SEAL) tin 25 • I 26 27 2a City of ;w Las Agency Carlsbad pates- _-SE:P 2 - Ur ,. Supp e1-en 1- 'ado. of To Local -Agency -State Agreement No. 11•___-___-__,53dB PROGRAM OF KCAL AmJLY FEDERAL. An) B-mGm RELIEF PROJECT v IN WE As 1 i City of Carlsbad— l a Ui +per Pursuant to the Federal Aid for Emergency Relief Act, the Ir attached "Program" of Federal Aid for Emergency Relief Projects �1 marked "Exhibit B" is hereby incorporated in that Master Agree- _ meet for the Federal -Aid Program which was Entered into between old the above named LOCAL AGENCY and the STATE on � � r JS and is subject to all of the terms a-' -Neon itd' ions ��? t ereo �t' The subject program is adopted in accordance with Paragraph 2 of Article Il of the aforementioned agreement under authority of , City/County Resolutions No. approved by the City G Council/Board of Supervisors on s (Sde copy attached). City of Carlsbad Q= .— Local Agency �_-� Env l ca xttlo Mayor Approved for State Attest: - Clark lilstrlct Director of Transportation District it Departmeu't of Transportation 711-QLA-257 (4-77) SEP 2 8 1978 EXHIBIT B 34, ` <, OF > ' F> L AID FtEAGEtsCY RELIEF ftECt`S i r w" city- of PROGRAi; SUPPLEMERT NO.: 01 kcal Agency: Carlsbad Date: SEp, h` v ,71oct,Ho uLOCation 61 Descr. t-ion otj ost st. 11;.SD.4-CbdS. 'F.Au S-344; $2-, 000 $3, 000 SAR: J-1 y B1 Ca�oi nu ,Real. , South 0a , �iax3.an Road','• , Em6rgengy,Opening. __ ` •---S�u,ilKS"-4t��tC11Gi1lLi." (}�`41�17i M1S i"--"-_ _ _ _ 1. This ,H)i]7 be..construatQd by the city of Carlsbad by day labor in accordance Project W1.th rsar;gal,lacal practices. will be completed by 10/15/78. 2',, All -work under this ppg)'eOtent ` 3.',"Oe,affective dai:o of -this agreement_is 2/5/38. p