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HomeMy WebLinkAboutReso 1970-5894~ ~ • Form No . ,? 4 ~ .. ~ PEV- ll-b9 RESOLUTION NO. 5894 RESOLUTION OF THE CITY COUNCIL OF THE CITY Ok'` CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHiJI~~,_ VISTA AND THE STATE OF CALIFORNIA,. KNOWN AS THE TOPICS MASTER AGREEMENT FOR THE PREPARATION OF AN AREAWIDE TOPICS PLAN AND STUDY REPORT AND AT,.TTHORI Z ING THE MAYOR TO EXECUTE SAID AGREEME?~1T The City Council of the City of Chula V;~sta dc~e4 hereby resol~~e as follows NOW, THEREFORE, BE IT RESOLVED tYaat that c~ertaxn ~,greem~r;t between THE CITY OF CHULA VISTA, a municipal orpo:ration, and. the STATE OF CALIFORNIA, known as the TOPICS MASTER AGREEMENT for the preparation of an AREAWIDE TOPICS PLAN AND STUDY REPORT dated the 5th day of January l9 71, ~ copy of whip-h a.s attached hereto and incorporated herein., the. same as though tt~~y ~e~. forth herein be, and the same is hereby approved, BE IT FURTHER RESOLVED that the Mayan of the City ;~± Cha~da Vast. be, and he is hereby authorized and d~.rected to e~ecu~e ~a ~g:~eement for anal ox~ behalf of the City of Chula Visfia. :~ rr sere+:ed by Approved as ~~~ f cm ~a by /j\/// /•' 'ice ~""~, ' Lane F. Cole, Director of Public George D indberg, City Attorne Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF ~H`JL:%+ ~lISTA, CALIFORNIA, this 5th day of January 1971 b~; ~..~~e following vote, to-wit: AYES ; Councilmen Scott, Hobel Hamilton, Hyde, Egdahl NAYES : Councilmen None ABSFI~'"' AT'I'F~ ti`CATE Off` CALIFORNIA CJ~INTY OF SAN DIEGO ~ ss . C`'T'Y OF CHULA 'VISTA i I, , City Clerk of the Czty :~~ :a~t,~, v'..~.=~a, California, DO HEREBY CERTIFY that. the above ~ s a ~~;~.1 ~ , tr <_ . z ,< ~, y ~e,,t copy of Resolution No. , and that. fihae 4~~_ same ~°~_a ~,a ,_ ame+~aded or repealed. DATED Caty Cler Tra~Y c operations ~'rograr~ to Increase Capacity and Safety ~~~~~~ MASTER AGREEMENT 11. Say ~~.~~~o Ch~a1a V3.st3 District County City AGREEivfENT No. 5 URBAN AREA Name man DS4~o Caunlly URBAN AREA No. X077 TIiIS AGREEMENT, made in dUp1.~.Catie this ~~ day of Jan • , 19 71 , by and between the Cites o~" Chu3a Visa , political subdivision(s) of the State of California, hereinafter referred to ns "LOCAL AGENCY", and the' STATE OF CALIFORNIA, actinh by and through the Division of Highways of the Depart- ment of Public. Works, hereinafter referred to as "STATE". Ji' -- WITNESSETH: WHEREAS, the Con~ross of the United States has in the Federal-Aid Highway Act of 19G8 claclared it to be in the national interest for Federal Funds to be expended fora "TOPICS" program which consists of making traffic operations improvements on a systematic basis in accordance with an areawido plan over a network of arterial and other major streets within urban areas; tend • WHEREAS, the Legislature of the State of California has enacted Chapter 1141 of the Statutes of 1969, by which the federal funds authorized may be Inade available .for use on county highways, city streets, and state highways to reduce traffic congestion and to facilitate the flow of traffic in urban areas in accordance with the intent of the federal act; and WHEREAS, there exists a compelling need for traffic operation improvements on existing strnets within the boundaries of LOCAL AGENCY; and WIiEItI:AS, LOCAL AGENCY and STATE therefore desire to make use of such TOPICS funds as mtly bc• mado available within the, jurisdictional boundaries of said LOCAL AGF;NC'Y; and WII1?:I;EAS, before Federt-l-aid will bo mado available for a TOPICS program, LOCAL AGENCY and STATE are required to enter into an a~reoment with respect t.o the preparation of an area-wide TOPICS plan .and with respect to the construction, maintenance and evaluation of such TOPICS improvement projects as may bo financed in part with federal TOPICS funds. THEREFORE IT IS AGREED: The Areawide "TOPICS" Plan and Study Report tohether with such improvement projects as may be financed with TOPICS funds will conform with the general provisions of U.S. Bureau of Public Roads (also referred to hereinafter as BPR or Bureau) Policy and Procedure Memoran- dum (also rnforred to hereinafter as PPM) 21-18 and with the following special provisions. 7'(JPlCS Al;/lh,'h.'AlF.'N7' ARTICLE 1 - CUNDITIUNS 1. As a condition for Federal "'TOPICS" Funds participation in an Areawide "TOPICti" Plan and Study Report or in a TOPICS improvement LOCAL AGENCY' shall prepare a general plan of highway improvements on local roads and streets and State Highways within the bound- aries of the urban area designated by STATE and approved by the U.S. Bureau of Public Roads based upon a continuing comprehensive transportation planning process meeting the requirements of Section 131 of Title '?3, United States Code. '?. Any such transportation planning process within an urban area of over 50,000 popu- lation or which will soon be over 50,000 population shall be conducted in substantial contormance with Burcuw of Public Roads Policy and Procedure Memorandum 50-9 and any such transportation planning proce.~ with n smaller urban area shall conform substantially with BPR Instructional ~lontorandum 50-3-G9. The U.S. Bureau of ,Public Roads will determine which category applies to an urban argil and STATE will furnish LOCAL AGENCY with copies of the applicable Pro- cedural or Instncctional Memorandum. 3. Except for those functions specified in PPM 21-18 TOPICS funds may not part.i.cipate in LOCAL AGENCI' expenditures for the continuing comprehensive transportation planning process nor in the preparation of the general plan. When approved by the BPR and agreed between tiTATE and LOCAL AGENCY federal highway planning funds may participate in the cost of such planning. Federal TOPICS funds may participate only in the area~~~de TOPICS plan and study report ~r in TOPICS improvement projects as provided herein.:. ~. Federal funds may participate only in work which has been .officially programmed to and approved by Lhc~ U.S. Bureau of Public Roads in advance of its performance. ARTICLE II - AREAWIDE 'T'OPICS PLAN AND -STUDY REPORT 1. I~UCrIL AGENCY shall with or without federal-aid prepare or arrange for the prepa- ration of un Areawide TOPICS Pian and Study Report conforming to the provisions of PP~i :?1-lb and this agreement. Tho area to be covered, the estimated cost and the method of financing are got forth in the attached Exhibit "B". `?. The unit de~ignuted in Exhibit "B" will serve as a COORDINATING AGENT to represent LUCAL AGENCY in transactions with STATE described herein as being the responsi- bility of COORDINATING AGENT. 3. ('OORDINATING AGENT will be responsible for coordinating the following operations within the boundaries of LOCAL AGENCY an4 :~~^,: ^e applicable with similar operations in jurisdictions contiguous to LOCAL AGENCI`. (a) the selection of a Typo II Federal-aid primary system, (b) the conduct of comprehensive traffic engineering studies, (c) the preparation of a general plan cif highway improvements, (d) the preparation of an Areawide TOPICS Plan and Study Keport, (e} the selection of TOPICS Ii41PROVEMENTS,•and (f) the determination of TOPICS I1IPROVE~IENT priorities. COORDINATING AGENT will also perform all other acts necessary to coordinate TOPICy program operations at the local level in conformance with all applicable :Mato and federal Laws, rules,-regulations, and operation procedures. - ~7 - iORM HCG 200 X0/69 7'UPlCS AGREEbl~NZ' 4. tlnloss specifically set forth otherwise in Appendix "B" all datA for the Areawide "TOPICS" Plan and Study Report specified in PPM 21-18 is to be furnished by LOCr1L AGENCY, or by a consultant under contract to or in agreement with LOCAL AGENCY or its agent. Ci. When a portion of the Areawide TOPICS Plan and Study Report is to be done by a consultant with federal-aid, the agreement or contract with the consultant shall be subject to Article VI, Paragraph 3, of this agreement. 6. upon completion of the General Plan of Highway Improvements, the Areawide TOPICS Plan and Study Report, The Primary Type II System and the list of traffic operation improvement priorities, they shall be adopted by the local governing body and submitted to STATE in sep- tuplicate with the following: (a) Iti'ith respect to urban areas in excess of `50;000 population a statement by policy committee of the local Urban Transportation Planning Study ~ attesting to compatability of the proposed Typo II System and improvement program with overall urban planning. (h) Assurance that the TOPICS plan and Type II System has been coordinated with con- tiguous jurisdictions where applicable and that the recommended plan of development has been coordinated with plans for local public or mass transportation services with possible plans for fringe parking, and with airport access planning. y (c) Assurance that whether or not federal-aid is granted .for the purpose, LOCAL AGEIv'CI' intends to implamc~nt the adopted plan of traffic operation improvements within a reasonable period to the extent that same may be done with available funds. i. tiTATh; will review submitted material for conformance with federal requirements and obtain approval of the t1.S. Bureau of Public Roads. 8. LOCAL AGENCY shall retain approved TOPICS plan, report, and all .supplemental data for STATE or Federal inspection for a period of three years following final payment of any federal funds which may participate in the TOPICS plan or improvements included in the plan. ARTICLE III -TOPICS IMPROVEl14ENTS 1. The term "TOPICS I~tPROVE~•tENT" as used heroin means any construction that iG financed in part with federal fund, provided in accordance with Section 10 of the Federal Aid Highway Act of 19Gzi. 2. I~OC:AL AGENCY may submit for consideration and approval of STATE and U.S. Bureau of Public Roads programs for TOPICS improvements when the following items described in PPM '.:1-lt3 have bean completed or when they are in preparation with reasonable expectation of being completed within 18 months: , a. Thc~ genernl plan of highway improvements. b. The Arruwido TUPIC'S Plan and ;itudy Report. e. Thc+ c~fficiccl Typo 11 Federal-Aid Primary highway System. d. Thc~ lxioritia~ for the proposed TOPICti improvements. ;i. 1~'he•n the 'T'ype II I~ ederal Aicl Primary Highway System ha, not been officially approved by the t?.ti. Bureau cif Public Roud~ any program of TOPICS improvements mint be preceded by the ,ubmitcal and approval of a "tentative" Type II tiystem which conforms sub: tantially to ticction -1 of PP~t `31-1 t;. ' nr,ni t+CC 2~~it th,'69 ;) _ _. -;' , - , _. ; ' TOPICS AGREEhIENT ~}. 1Vhen the areawide TOPICS plan has not been completed and approved by the L'.S. Bureau of Public Roads any program for a TOPICS improvement must be accompanied by a show- ing that the proposed improvement can reasonably be expected to be high on the priority list to be established in said plan. 5. Tha 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 Iiigh- way is involvocl the matching funds to be provided by STATE. Adoption of the program by reso- lution of the governing body of LOCAL AGENCY and approval by STATE shall cause such program to be a part of this agreement as though fully set forth herein. G. In processing TOPICS I1`1PROVEAdENTS, LOCAL AGENCI' will conform to all STATE statutes, regulntio.ns and procedures relating to the TOPICS program and to all applicable federal laws, regulations, and policy and procedural or instructional memoranda. This includes the holding of public hearings when required, the publishing of various press notices, and the prepa- ration of study reports, estimates and plans. 7. Unless otherwise designated in the approved program, TOPICS 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 U.S. Bureau of Public Roads approval, Bureau approval of plans, special provisions and estimated costs prior to ad- vertisement, acertification by LOCAL AGENCY with respect to tie right of way, advertisement for a minimum of 3 weeks prior to bid opening, and prior BPR 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. H. Nhon a TOPIC'S iMPIZOVE1v1EIVT includes work to be performed by a railroad, the contract for such work Ghall bo entered into by LOCAL AGENCY or by STATE, as parties hereto agree. f1 contract entered into by LOCAL AGENCY for such work must have prior approval of tiTATE. In Dither event, LOCAL AGENCY shall enter into an agreement with the railroad pro- viding for maintenance of the protective devices or other facilities installed under the service contract. cJ. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of ench TOPICS improvement, including contracts awarded by STATE. With prior U.S. Bureau of Public Roads approval, surveying, inspection and testing may be performed by a consulting engineer provided overall supervision of the contractor's operations and progress is performed by an employee or employees of LOCAL AGEIv'CY. - ld. STATE shall exercise general supervision over TOPICS improvements and may assume full and direct control over the contract whenever STATE, at its sold discretion, shall determine that its responsibility .to the United States so requires. LOCAL AGENCY contracts shall. so stipulate. it. With Bureau of Public Roads approval, available federal TOPICS funds mnyparticipate in an evaluation of the effectiveness of the TOPICS improvements as compered to those estimated in the study report. In any ovens LOCAL AGENCY agrees to conduct a TOPICS Ii~iPROVEI{ENT EVALtiATION PROGKA~t as outlined in Section 10 of PPht ;;1-lb, with or without federal aid,, 'and to report the rosult~ of same to STATE. FOAM. HCC 208 ~ t0/59 -~ TUf!(,'S A(:f~f:'h.'h1F,'N~T ARTICLE IV - ItIGIiTS OF WAY 1, No contract for the construction of a TOPICS I?c1PROVEhtENT shall bo awarded until the necessary rights of way have been secured. Prior to the advertising of a project on a local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights of way are available for construction purposes or will bo available by the time of contract award. ~. 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 heroin 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 do}ays-to the -contractor bocausa utility facilities have not boon 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 STr1TE may determine is necessary, LOCAL AGENCY may claim reimbursement from Federal funds for expenditures to purchase rights of way included in an approved program. ~. Whether or not Federal-aid is to be requested for tie purchase of rights of way, should LOCAL AGENCY, in acquiring rights of way for a TOPICS improvement, displace an individual, family, business, farm operation, or nonprofit organization, it will place in operation a Relocation Assistance and Payments Program as required by Chapter 5 of Title 33 U.S. Code. Regulations, procedures and instructions for conducting a Relocation Assistance and Payments Program are available upon requast at any District Office of the Division of Highways. ARTICLE V -FISCAL PROVISIONS 1. 1Vhen a TUPICS I1~IPROVEAIENT contract is to bo awarded by STATE, matching funds will be deposited with STATE by LOCAL AGENCY prior to bid opening or within 10 days of beinK notified cif the lowest st-tisfactory bid received and the amount of local funds required. '3. The estimated total cost of TOPICS projects, the amounts of Federal-aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto, provided fundG are available to cover increases and provided U.S. Bureau of Public Roads con- curs in any increa::e in the Federal-aid. This applies both to Amawide TOPICS Plan and Study Report described and estimated in the attached Exhibit "B" and to TOPICS improvements added hereto by programs in accordance with Article III, Paragraph 5. 3. Upon submittal by LOCAL AGENCY of acceptable documentation of expenditures for an Areawide TOPICS Plan and Study Report or for programmed and approved TOPICS improve- meets, STATE wilt pay its agreed share and will advance an amount equal to the legal pro rata fodernl share of the costs believed to be eligible for participation with federal funds and will voucher Bureau of Public Roads for subsequent reimbursement. Ten percent or such other per- . centage of the total amount duo as STATE may determine is necessary to protect STATE'S interest will be withheld until the completion of such audits as may ba required by STATE and tI.S, Bureau of Puhlic Roads. .}, I,(}(`AI, AGE~C'1' shall use "nonfade~ral" funds to finance thu local share of eligible costs and expenditures ailed ineligible for financing with federal funds. STATE shall make prc~liminiiry determination of eligibility for federail fund nLnof `amounts ldueeshallr'benreturnedato rest with the I3ureciu of Public 1Zoiuls. Any overpayn S'I'A'rE upon demand. ,._,_____. -r~- FORM HCC 20N ta15° TOPICS AGRF.Eh1F,'NT Ci. IYhen any portion of a LOCAL AGEti'CY project is performed by STATE, charges therefor shall include an assessment on direct labor costs in accordance with Section 5755.1 of the State Administrative Manual. The portion of such charges not financed with Federa] funds shall be paid from funds of LOCAL AGENCI'. 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 duo 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. 8. Deposits of LOCAL AGENCY with STATE determined to be in excess of project needs wilt be refunded. ARTICLE VI -MISCELLANEOUS PROVISIONS 1. This agreement shall have no force or effect unless and until its provisions and the projects have been approved by the U.S. Bureau of Public Roads. °. The Congress of the United States, the Legislature of t~e 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 by a LOCAL AGENC:' for the performance of work connected with this agreement shall incorporate Exhibit "A" attached hereto, or such other provisions as STATE or U.S. Bureau of Public Roads 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 consultant and the terms of the agreement or contract have been found by STATE to be in conformance with U.S. Bureau of Public Roads Policy and Procedure Memorandum Number ~0-6 and have been approved by the U.S. Bureau of Public Roads. 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 Bureau of Public Roads 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 agree- ment or contract must have prior approval of U.S. Bureau of Public Roads. All such approvals shalt be roqu©sted through STATE. As soon as agreement or contract with consultant has been awarded five certified copies of said agreement or contract shall be submitted to STATE. FOAM HCC 208 tiQf59 -6- ',.__ . ' ` . ' ' T'UI'ICS AGREEhtENT ~l. (a) ~rithc~r STATi~, nor nny officer or rmployce thereof shall .be responsible for any dumttgu or liability orc•urring 6y rca~on of anythinf; done or omitted to bo done by a LOCAL AGENCY under or in connection with an,y work, authority or jurisdiction delegated to a LOCAL AGENCY under this agreement. It is also anderstood and agreed that, pursuant to Government Code Section 895.4, LOCAL r1GENCY 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 AGENCI' under this agreement. (b) Neither LOCAL /1GENCY 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 i.~ also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold LOCAL AGENCI' harmless from any liability im- posrd for-injury (as defined by Government,Coele<Section. 810..8)•occ.urring .by reason of anything done or omitted to be done by STATE under or in connection with any work, authoeity or jucis- diction not delegated to LUCr1L AGENCY under this agreement. 5. If STATE is named a:: a defendant in a suit involving a local highway, LOCAL AGENCY will ut rcquc~t of ST;\TI? assuma full responsibility for the conduct of the defense or will provide such a~~i~tanrc a• STS\TE -nay require and will pay any judgments issued against STATE and ,tli ro~t~ in connection with the defense. STATE reserves right to represent itself in any liti- gation in which S'I'ATE'ti interests are at stake. y G. Should there be a conflict between the provisions of the attached Exhibit "B" and other provisions of this agreement those in Exhibit "B" shall apply. ARTICLE VII - 1~1AINTENANCE 1. Upon acceptance by the awarding authority of a completed TOPICS improvement project cr upon the contractor being relieved of the responsibility for maintaining and protecting a portion cf the work, the agency having jurisdiction over the street shall maintain the completed work in w 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 .hall have been put in a condition of maintenance satisfactory to STATE quid the Bum au of Public Roads. '.3. The maintenance mferrcd to in paragraph 1 above includes not only the physical con- dition of the facility but itti operation as wall. Traffic operations improvements on local streets shall br mni~ttaincd ut no rust to t:he U.S. Bureau of Public Roads or STATE by an adequate and well trained staff of traffic enginoc~rs and technicians. Said maintenance staff may b© em- ployccs of a LOCr1L AGENCY, another unit of government or a consultant under contract with a L(K'AL AGENCY. .3. The maintenance refermd to above includes also any traffic regulations or ordinances necessary for the operation of the network including the prohibition of parking at specified times and r.ontrols over the direction of travel. The required local regulations or ordinances shall be .pecificd in the design Gtudy mport and LOCAL AGENCY shall furnish STATE with evidence that they have been adopted, prior to final acceptance of the completed work by the U.S. Bumau of Public Roads. No changr. :;hall be made in such regulations without prior approval of the U.ti, Bureau of Public Roads unless LOCAL AGENCI' has a traffic engineering unit within its own organisation functioning in a manner acceptabio to said Bureau. It is agreed that angle parking adjacent to the through traffic lanes is not to be permitted at any time in the future within thci Iitnit:~ of an improvement project that is finr,nced in part with TOPICS or other federal funcl:i. ~,.~,, urr Ana ~n~rc -7- TOPICS AGF~EEh1ENT IN 1YIT~ESti IYFiEREOF, the parties have executed this agreement by their duly authorized officurw. STATE OI~ GALIFORI~IA Department of Public Works Division of Ilighways J.A.LEGARRA $t~te Highway Engineer C IT Y O F C hu ~.~. V~. ~ La /"~ - ~ ,f f By Mayor B ,_-----~-'- r~, ~Y ._~--1.=~ ~__ ATTEST: y City Clerk HQ Federal Aid and Ccty-County Projects Engineer,. Approval Recommended: District Engineer ~,~~/s~~'/ , By Chairman, Board of Supervisors District ("ity`-C:ounty~l'rojects Engineer Approved as to Form and Procedure: Attorney, Department of Public Works FORM HGC 2Q8 tO/69 ATTEST: Clerk of Board -8- ~--'_ h:XHll31'1' A tiundiscriminat.iun Provisions: During; thc• performance of this: contract, Cho contractor, fur itself, its ,-ssii;nc~c~s find suc- rrsscirs in intrust (hereinafter referred tU as the "contractor"), agreo;~ as fOllOlvti: ]. l'nnrp(lr,nr•,• rrftl, Ir'r•yu(aliun..: The contractor will comply with the Regulations of the D~part.ment ul' (`omnx~rce ulative to nondiscrimination in fedarall,y-asvisted programs of the De- pnrtment of ('ummerce (Title T,,, Cade of Fudc~ral Regulations, Part ti, hereinafter referred to as the Kegulatiuns), which are herein incorporated by refeunce and made a part of this contract. •?. ,1~'unrli.~c•rimirurtiun: Titre contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and. leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by tiection ~.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A-II of the Regulations. 3. Sullcitatiun.. /or Subc•untrac•1.~, Including Proc•ur~ments u/ Aaterials anal Equ.ipm~nt: In all soticitacions either by competitive bidding or negotiation made by the contractor far work to be performed under a subcontract, including procurements of materials or 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 ~ e ground of race, color or national origin. ' ~. li,/urvnotiun earl Rc•purts: The contractor will provide all information and reports required by the Kegulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Ststo highway Department or the. $ureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the contractor shall so certify to the State Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth what efforts it has made to obtain the information. 3. Sar,ctiu,rs fur Noncompliance: Iri 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 Bureau of Public Roads may determine to be appropriate, includitg, but not limited to, (a) w•ithhofding of payments to the contractor under the contract until the contractor tom- - plies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. ti. /ncurpuratiun u( Prurutiiun.v: The contractor will include the provisions of paragraph 1 through G in Query subcontract, including procurements of materials and leases of equipment unless exempt by the' Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway De- partment or the Bureau of Public Roads may direct as a moans of enforcing such provisions in- cluding sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involvEad in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States W enter into such [itigation to protect the interests of the linitod States. Form NCC 20~ 10/rig - 9 - ~ . ~- . EXHIBIT B MASTER AGREEMENT .FOR TOPICS PROGRAM BETWEEN STATE & CITY OF C~NLA VISTA DESCRIPTION OF PROJECT The preparation of an AREAWIDE TOPICS PLAN AND STUDY REPORT covering the entire portion of the City of Chula Vista within the .Urban Area boundaries approved by the Federal Highway Administration, PERFORMANCE OF j~~ ORK The City will contract with Alan M. Voorhees °~ Associates, a corporation with an office at„5252 Palboa Ave., San Diego, California, 92117. The contract will conform to the draft approved by the Federal Highway Administration on November 17, 197b. No work is to be done by consultant until authorization to proceed has been issued by STATE. ESTIMATED PROJECT COST AI~TD FINANCING Federal TOPICS Funds (71.30 0) ,~, X30, 410 Local Agency Matching Funds (28.70 12,241 TOTAL COST OF APPROVED TOPICS PROJECT (AGREED CONSULTANT'S FEE) -- 30,415 (LOCAL AGENCY COST ) -- 12,23 X42,551 COORDIN'ATIN'G AGENT Pending the designation of an official coordinating agent in accordance with Section 2316 of the Streets and Highways Code the District Office of the Division of ~IigYiways will perform the required coordinating functions. SPECIAL COVENANTS Article VI, Paragraph 5 of this agreement applies only to local highway improvements or other work on local high~~a.ys financed partially with Federal TOPICS Funds in accordance with this agreement. The preparation, completion or submission of the General Plan of Highway Improvements and the 18 months limitation specified in Article II and Article III shall not apply to this agreement, Coordination of the Areawide TOPICS Plan with any existing Local Agency General Plan for Highway Improvements is required. All references herein to the U. S. Bureau of Public Roads, BPR or Bureau shall be construed to mean the Federal Highway Adminis- ~ration or FHWA, Page Two Our staff looks forward to continued close liaison with your people ' so that Federal directives will be complied with, and California's available TOPICS allocations can be fully utilized and directed toward elimination of the most critical traffic operational problems. Sincerely, JAMES A. MOE Dir~~tor of Public Works by~ Robert B. Carleson ~ ~'Y-iief Deputy Director 1 v\ RE 9 D uECZ l 1970- CITI( CLERK ~p Chula Vista, Ca:, 'v ~i ~~ ~OYt ~~~71~TCg~, ~NPOI21VdA'I~~1~ t~1~II.Y (, ~ + J(J ~''~, -~~i~ ~. M I! 1~f1~ ~?/pT-y~/~i~riir.~ .~ Office of JENNIE M. FULASZ, CITY CLERK \v-~' j~ fl ~f 11hf 7 !7 ~:, i. ` k' tY 1'.~ January 7, 1971 State of California Department of Public Works 1120 N Street Sacramento, Ca. 95814 C~t~ o~ C~1u~a ~Uista CALIFORNIA You will find enclosed a certified copy of Council Resolution No. 5894 approving the Topics Master Agreement for the preparation of an areawide Topics Plan and Study Report. '~ Also enclosed is two copies of the executed agree- ment signed by the Mayor of Chula Vista. Please return. the duplicate copy for our files, after it has been duly signed by your designated officers. The City Council approved and adopted this resolution at the meeting of January 5, 1971. Jennie M. Fulasz ~~?~ City Clerk Resolution .and agreements enclosed cc: City Council Director of Public Works ~ ~ ~~ rn ~ fi ~-~6 ~f~i~ r -!j!!lr~fi(J ,ft , t~ 7 T^?"t,ff+ -1- C{ r i tz3jelf~Rr. r ~ rtt4~ 'f a , ir:t ,~ '~d ~~t71EIt11S,}{1~ r.._. c , ti. ~ ~~ ~. ^. ~,