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RE50LUTION N0. 71- 238
RESOZUTION AUTHORTZZNG EKECUTION
Ok' LOCAL AGFNCY-STATE AGREEM~'~TT - TOPICS
ftE CHICO URB,AN ARFA
BE IT RESOLVED by the Board of Supervisors o~' the County of Btztte~
State of California, as ~'ollows:
1. That said County enter into Local Agency-Sta~e Agreement ~-
Traffic Og~rations Program to Zncrease Gapacity and Safety - N.~ Chico Urban
Area No. 3011~, and the Ct~aixman of the Board be authorized to execute said
agreement on behalf of said County:
2, That Clerk of this Board be authorized to attach certified copy
of this resolution to said agreement.
PASSED AND ADOPTED BY the Board of Supervisors of the County of Butte,
State of California, this 28th day of September ~ 1971, by
the following vo~e:
AYES: Supervisors Gilman, Madigan, Maxon, hFcKillop, and
Chairman Reynolds
NOES: None
ABSEN~ : No n e
NOT vOTING: None
Board~f Supervisors
Bu~~e, State of Calif
ATTEST: CLARK A. NELSON, County Clerk
and ex-officio Clerk of the
Board of Supervisors
,P ~
C1erk o Deputy
7/- ~38~'
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~ ~ Traffic ~perations Pro~ram to Increase ~apac4ty and ~a~e~y
: ~~~~~~
MASTER A(~REEMEN'T
03 Butte Chico
piscrict County City
AGREEMENT No. 1
URBAN AR~A Name Chico
URBAN AREA No. 301~
THIS AGttEEMENZ', made in ~r~.p1~.Cate this ~~ day of ~~~, 19 7~ ,
~ by and bocwoe~ the Count.y of Bu~~e _and the City of Chico
political subdivision(s} oF the State of V"siifornia, hereinafter referred to as "LOCAL AGE~TCY"~,
nnd the STATE OF CALI~ORNIA, acting by and through the Division of gi hwa~ys of t}~~ De art- ~~
ment of Public IYorks, hereinafter referred 6o as "STATE" Whex'ever t~ie Lerm LOL~AL ACsENCY ~.s
used here3n ~.~ sha11 mean both the County of' Bu'~te and the City af Chico.eacY
acting with3.n its own juris- WITNES5ETH:
' dict~.on in the Chico Urban Area.
WHEREAS, the Congress of the United States has in che ~'ederal-Aid Iiighway Act of
1968 doclared it to be in tE~e netional interest for Federal Funds to be expended for a"TQPICS"
pro~ram which consists of making traffic operations improvements on a systematic basis in
aacordanco with an areawide plan over a network of arteriel and othor major steeets within urban '
_ arens;and
~ 1YHEREAS, the Legislature of the State of California has enacted Chapter 31~7. of the ~
' Statutes of 1969, by which the fedaral funds authorized tnay be made available for use on county
highways, city streets, and stete highways 6o reduce traff ic congestion and to facilitate the
flow of trRFPic in urban sreas in accordance with the intent of tho federal act; and
WHEREAS, thore exists a compelling ne~d for traffic operation improvements on existing
~trc~ets withi~ tho boundaries of LOCAL At`iENCY; and .
IYHEREAS, LOCAL AGENCY and STATE therefore desire to make use oF sach TOPICS
funds a~ may be mtedo available within the jt~risdictional boundaries of said LOCAL AGENCY; and
WHEREAS, before Fedsral-aid will bo made available for a TOPICS program, LOCAL
ACENCY and STATE are required to enter inCo an agreement with respect to the prepaxation of
an ares-wide TOPICS pian and with respect to the consiruction, maintenance and evaluation
of such TOPICS improvement projects as may be financed in part with federal TOPICS funds.
THEREFORE IT IS AGREED: ~
Tho Aeeawide "TOPICS" Plan and Study Report together with suc:h improvement projects
as mny bo finr-ncsd with TUPICS funds will conform with the general prbvisions of U.S. Buroau
of Public ~toads (also refarred to hereinsfter as BPR or Bureau) Policy and 1'rocodure A4emoran-
dum (elso referred to hereinafter as 1']PM) 21-18 and with the following ypocial provisions.
~ ~ FORM HCC 2Q9 f0/69 . , ~ - ~ ~ ~ ~ -2- - . . ~
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~ ' ' TUf'IG'S ~If,'12HJF.'MEN7'
ARTICLE I - CONDITIONS .
1. As a condition for Federal "TOPICS" Funds participation in an Areawide "TOPIC~"
Plan and Study IZeport or in a TOPICS improvement LOCAL AGEI~TCY 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. Bareau of Public Roads
based upon a continuing comprehensive transportation planning process meeting Ghe requir~menLs
of Section 134 of Title 23, United States Code.
2. Any such Lransportation planning process within an urban area of over 50,000 popu-
lation or which will soon be ovor 50,000 population shall be conducted in substantial conformance .
with Burenu of Pablic Roads Polic,y and Procedure Memorandum 50-9 and any such transportation
plnnnin~ process with a smaller urban aroa shall conform substnntially with BPR InstructionaI
1ien~oCnndum 5U-3-69. The U.S. Burouu oF PuUlic Roads will dotermine which category applio~
to an urban aron and STATE will furnish LOCAL AGENCY with copies of tho epplicable Pro-
cc~dural or Inctructional hiomorandum.
' 3. Except For thoso functions specified in PPM 21-18 1'OPICS funds may not participate
in LOCAL AGENC] expendituros for the continuing comprehensive transportation planning
process nor in the preparation of the ganeral plan. When approved by the BPR and agreed between
, S'~ATE and. LOCAL AGENCY federal highway planning funds may participate in the cost of such
pianning. Federa] TOPICS funds may participute only in the areawide TOPICS plan and stady
report or in TOPICS improvement projects as provided herein.
4. Federal funds may participate only in work which has been off9cially programmed to
and approved by the U.S. Buresu of Pu6lic Roads in advance oF its performance.
ARTICLE II - AREAWIDE TOPICS PLAN AND ~TUDY REPORT
1. I,Q~AL AGENCY shall with or without federal-aid prepare or arrange For the prep~-
ration oF an rlronwidc~ TOPICS Pinn and 5tudy Repart conformin~ to tho provisions of PPM 21-1b
. and thia a~reement. The aroa to be covered, the estimated cost and the method of financing aro
~et forth in the attnched Exhibit "B'•'.
3. The unit dc~signated in Exhibit "B" wilt servo as n COURDI~IATING AGENT to
ropr~sent LUCAI, AGENC]' in transactions with STATE described herein ns bein~ the rosponsi-
bility of COpRT?INATINCx AGENT.
3. COORDTNATTNG AGENT will be responsible For coordinating the following operations
_, within the boundaries of LOCAL AGENC'k' and where applicable with similnr operations in
jurisdictions contiguous to LOCAL AGENCY. (a) the seloction oF a Type II Federai-aid primary
systom, (b) tho conduct oF comprehansive traffic engineering studies, (c) the ~reparation of a
gonorsl plan of highwuy 3mprovements, (d) the preparation of an Areawide TOPICS Plan and
Study Report, (e) tho selection of TOPICS IMl'ROVEMENTS, and (f) the determinntion of TOPICS
IhiPROVEMENT prior9ties. COORDINATING AGENT will also perform all other acts necessary
to coordinate TOPICS program operations at the local lovel an conformance with al! applicablo
• state nnd federal laws, rules, regulations, and operation procedures.
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' ~ ' , , TOPICSAGREEhlENT. ' ~ •
4. Unless speciPically set forth otherwise in App•endix "B" all. data for the Areawide
"TOpICS" Plan and Study Report specified in PPM 21-18 is to be furnished by LOCAL AGENCY,
or by a consultant under contract to or in agreement with LOCAL AGENCY or its agent.
5. When a portion of tho Areawide TOPICS Plan and Study Report is to be done by a
consu~tant with federul-aid, the agreement or contraot with the consultant shall be subject to
Article VI, Pnrngraph 3, of this a~reoment.
6. Upon complotion of the General Plan of Highway Improvements, the Areawide TOPICS
Plun nnd Study Report, The Primary Type II System and tho list of truffic operation improvement
priorities, they shull bo adapted by tho loca] governing body and submitted to STATE in sep-
tuplicate with the following:
(s) With respect to urban arens in excesa oF 50,OOQ population a statement by policy
committee of the ~ocnl Urban Trans~ortation Planning Study attesting to compatability of the
proposed Type II System and improvement program with overall urban planning.
(b) Assurance that the T~PICS plan and Type II System hss 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 w9th possi6le plans for
fringe parking, and with sirport access planning.
~ (c) Assurance that whether or not federal-aid is granted for the purpose, LOCAL AGENCY
intends to impleroent the adopted plan of traFfic operation improvements within a reasonable
period to the extent that same may be done with availsble funds.
7. STATE will review submitted material for conformance with federal requirements and
obtAin upprovat of the U.S. Bureau oF Public Roads.
. 8. LOCAL AGENCY shall retain approved TOPICS plan, report, and sil supplemental
data for STATE or Federa] inspection for a period of three years foElowing final payment of any
federai funds which may participate in the TOPICS plari or improvements included in the plan.
ARTICLE III _ TOPICS IMPROVEMENTS
1. The term "TOPICS IMPROVEMENT" as used herein means any construction that 1s
financed in part with federal funds provided in accordance with Section 10 of the Federal Aid
Highway Act of 1368.
2. LOCAL AGENCY may sttbmit for consideration and approval of STAT~ and U.S.
Bureau of Pub]ic Roads programs for TOPICS improvements when the following items described
in PPM 21-18 have been completed or when they are in preparation with reasonable ex~pectsEion
of being completed within 18 months:
: a, The general plan of hi~hway improvements. ,
. b. Thn Areawide TOPICS Plan and Study Report.
a Tho officin] Type II Federal-Aid Primary Highway System.
d. The priorities for the proposod TOPICS improvemeriGs.
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3. Whan the Typo II Federal Aid Primary Highway System has not been officially approved
by the U.S. Buee,au of Yublic Ronds any program of TOPICS improvements musL be precoded by
Lhe submittal and approvel of a"tentative" Type TT System which conforms substantisily to
Section 4 of PPM 21-18.
. ~ FORM HCC 208 10/69 ~ . . . . ~3_ . . '- ~ ,
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, ' . ' -- 2'OPICS.AGf1EEMEN7'
4.4Vhen the areawide TOPICS plan has not been compieted and approved by th~ LT.S.
$urenu of Public Roads any program for a TOPICS improvement must be accompanied by a show-
ing that Lhe proposed improvement can reasonably be expacted to be high on the priority list to
be established in said plan.
5. The program shall be in a form prescribed by STATE and shall designate the federal
funds requested and the matching Punds to be provided by LOCAL AGENGY and if a State High-
way is involved the matcfiing funds ~to he provided by STATE. Adoption of the program by reso-
~ ]ution of the ~overning body of LOCAL AGENCY and approval by S~'A'~E shall cause such
progrnm to be a part of this agreement as though fully set forth herein.
6. Tn processing TOi'ICS IMPROVEMENTS, LOCAL AGENCY will conform to all STATE
statutes, regulntions and ~rocedures relaLing to the TOl'ICS program and to all applicable federal
]aws, 'regulations, nnd policy and procedural or instructional memoranda. This inc3udes the _
holding of pubiic hearings when required, the publishing of various press notices, and the prepa-
,ration of study reports, estimates and plans.
7, iJnless oLherwi5o designated in thc~ npproved program, TOPICS improver~ents will be
constructed by contrsct in accordsnce with regular federAl-aid primary and urban fund procedures.
Such prnceduros require the nse of StAndurd Specificntions havin~ prior U.S. Bureau of Public
Ronds approvul, Bureau approval of plans, special provisions And estimated costs prior to ad-
• verLisemont, a certification by i,OCAL AGENCY with respect tn the right of way, advertisemenL
for a trtinimum 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 betwoen the parties prior to each projecL advertisement.
~ 8. ~Yhen a TOPICS IAQp~tOVEM~NT includes work to be performed by a railroad, the
contract for such work shall be entered inLo by LOCAT. AGENCY or by STATE, as parties hereto
agree. A contract entered into by LOCAL AGENCY for such work must have prior approval of
STAT~. In either evont, LOCAL AGENCY shall enter into an agreement with the railroad pro-
viding for maintonance of tho protective devices or other facilitios installed under the service
: contrnct.
~J. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of
ench TpPIC5 improvement, including cdntracts awarciod by $TATE. With prior U.S. Bureau of
Public Ronds approval, surveying, inspection and testin; may be performed by a consulting
' engineer provided overali suporvision of Ehe contractor's operaLions and progress is performed
by an employee or empioyees of LOCAL ACrENCY.
' 10. STATE shall exerciso general supervision over T02'ICS improvements 1nd may assume
full and direct control ovor the contract whenover STATE, aL its sole discretion, shall determine
, that its responsibility to the United States so requires. LOCAL AGE\rCY eontrncts shall so
stipulnte.
12. With Bureau oP PubGc Roads approval, avuilablo fodera.l TOPICS Fundx mflyparticip:ite •
in un evnlu~tion of the effoctivonc~ss of the TOPTC5 improvoments us compared to those ostimnt~d
in _tho study rc~port. Fn any oVent LOCAL AGENCY agroes to conduct a TOPICS IMPItOVEM~NT
EYALi3ATI0N PROGRAAI ay outlined in Seation 10 of PPM 21-18, with or without federal aid,
nnd to report the rosult~s of : ame to STATE. ~
. ' , FORM NCC 208 f0/69 ~ ~.. , . ~ . .. . ~ . . °4- . . . . ~ ~
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-~'OPICS AGREEMENT~ • - ' ~ •
ARTICi,E IV -- R.IGHTS OF WAY
i. No contrnct Ror tho construction oF n TOPICS IMPROVEM~NT shall ba nwurdod until
tho nocessary righGs of way havo been sscured, 1'rior ta the advertising of a project on a loca!
streot, LOCAL ACrENCX shall cartiFy and upon request sha11 Furnish STATE with evidonce that
necessary rights of way are available for construction purposes or will be available by the time
of contract award.
2. LOCAL AGENCY agrees to hold STATE hurmless from any Iiability which may result ,
in the event the right of way is not clesr as certified. The furnishing of right of way as provided
for herein includes, in addition to sll reai property required for the iroprovement, Free and clear
of obstructions and encumbrsnces, the payment of damages Co real property not actualIy taken
but injariousty affected by the proposed improvemeht. LOCAL AGEN'CY sha11 pay €rom its funds
any costs which arise out of delays to the contractor because utility facilities have not been
removed or relocnted, or becau'se rights of way have not been made avaiiable to the contractor
for the nrderly prosecution of the work.
3. Subject to STATE approval nnd such supervision over LOCAL AGENCY'S right of
waiy acquisition procedures as STATE mey determine is necessary, LOCAL AGENCY may claim
r~imbuesemont from Federsl funds for expenditures to purchase rights of way includod in an
npprov~d program._
4. LYhether or not Federsl-nid is to bo requestod for the purchase of rights of way, should
LOCAL AGENCX, in acquiring rights of way for a TOPICS improvemont, displace an individual,
Fnmily, business, farm operation, or nonprofit organization, it will place in operation a Relocation
Assistnnco nnd Payments Program as required by Chsptar 5 oF Title 23 U.S. Code. kegulations,
procedures nnd instructions for conducting a Relocat9on Assistance and Psyments Program are
available upon request at any District Office of the Division of Highways. ,
ARTICLE V - FISCAL PROVISIONS
1. 4Vhen u TONICS IMPROVEMENT contract is to be awarded by STATE, matching funds
will be deposited with STATE by LOCAL AGENCY prior to bid opening or within 10 days of
6oing notified of the lowest satisfactory bid received and the amount of local funds required.
°. Tho estin~ated totat cosc of TOPICS projects, the amounCS of Federal-aid programmed,
and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto,
providod funds aro avai~nble to coverincreases and provided U.S. Bureau oP Public Roads con-
curs in nny incrouse in the ~'ederal-aid. This applios both to Areawide TOPICS Plan and Study
Report de~cribod and estimated in the nttachod Exhibit "B" and to TOPICS improvements added
her~to by programs in eccordanco with Article III, Paragraph 5.
3. Upon submittal by LOCAL AGENCY of acceptable documentation o€ expenditures for
un Arenwido TOPICS Plan and Study Report or for programmed and approved TOPZCS improve-
men~a, STATE wi11 pay its agreed share and will advanco An amount equal to the legal pro ratA
federal shnre of the costs believed to be eligible for participation with federal funds and will
voacher Burenu of Public Raads for sabsequont reimbursement. Ten percent ar such other per- .
cenLage of the tatal nmount due as STATE may determine is necessary to protecL STATE'S
interest will be withheld until the completion of such sudits as may be r~quired by STATE and
U.S. Burenu of Public Roads.
4. LOCAL AGENCY shall ase "nonfederal" €unds to finance the local shara of eligible
co~ts and expendituros rulod ineligible for financing with federsl funds. STATE shall make
pr~liminary d~terminntion of oligibi~ity for federal fund financing. Ultimate determination shall
rest with the Buronu of Public Rouda. Any overpayment of amounts due shall be returned to
tiTATE upon demnnd.
~ FORM MLG 208 10/69 - ~ - ~ • - rj - ~ . . ~ ~
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. . - . TOPICS AGFtEE,MENT
~ 5. When any portion of a LOCAL,AGENCY project is performed by S'I'A~E, charges
t6erefot shall include an assessmer_t on direct labor costs in accordance with S~ction 8755.1 of
the State Administrative Manaal. The portion of such charges not financed with Federal fun•ds
shall be paid from funds of i.OCAL AGENCY.
6. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or
within such other period us may be agreed between the parties hereto, STATE, acting through
State Controilor, may withhold an equal amount from future apportionments due LOCAL AGENCY
from the Highway Usc~rs Tax Fund.
7. Auditora o€ STATE snd the Unitod StAtes shall bo givon access to LOCAL AGENCY'S
books and records and shall be givon such assistance nnd information as is requestod for t6o
purpose of checking costs paid or to be paid by STATE hareunder.
8. Deposits of LOCAL AGENCY with STATE determined to be in excess of project
. needs wil] be refunded.
ARTICLE VI - MISCEi,LANEOUS PR.OVISIONS
1. This agreement shali have no force or effect un~ess and until its provisions and the
projeccs have been approved by the U.S. Bureau of Public Roads.
2. Tho Congross of the United 8tates, the Legislature of the Stato of California, and the
Governor of the State of Cnlifornin, each within their respoctive jurisdiction, havo prescribed
certain employment practices with respect to contract and other work financed with FederaI or
State funds. LOCAL AC~ENCY shall insure that work performed under this agreement is done in
conformance with rules and regulations ombodying such requirements where they are applicable.
Any a~reomont or sorvioe contract entered into by a LOCAT~ AGENCY for.the performance of
work connocted with this agreement shall incorporate Exhibit "A" attached hereto, or such other
provisions as STATE or I7.8. Bureau of Public Roads may prescribe.
3, When Federal funds are to participate in the cost of work done by a consultant, the
~ ugre~mont or contract with the consultant may not be executed or awarded until the selection of
the consultant und the terms of tho agreoment or contract huvo been found by STATE to be in .
conformancc~ with U.S. Buraau of Public ~Roads Policy and Procedure Memorandum Number 40-6
and hnve been approved by the U.S. Bvreau of Public Roads. Such agreement or contract shail
includa n provision that the work and records of the consultant are subject to inspection at ail
• times by representatives of LOCAL AG~NCX, STATE, and the Bureau of Pu61ic Roads and that
agreement or contract may be terminated by LOCAL AGENCY upon a finding that the consultanc
is failing to live up to the terms of the agreement or contract. Ail malor changes in Lhe agree-
ment or contract must have prior approval of U.S. Bureau of Public Roads. Alf such approvals
shall be roquested through S7'ATE. As soon as agreement or contract with conSUltant has been
' awarded five certified copies of said agreement or contract shall be submitted to STATE.
~PICS AGREEh1ENP
-i. (a) NciLhcr ~TAT~ nor n~y officor or omployea thoreof shall bo responsibla for any
dnma~c~ or linbiiity accurring by ec~~son oF anythin~ done or omittod to be done by a LOCAL
r~GENCY under or in connection with any work, nuthority or jurisdiction delogated to a i,OCAL
AGENCY under this agreement. It is also undorstood and a~;reod that, pursuant to Govornment
Code Section 895.4, i.OCAL AGENCY shall fully indomnify and hold 8~`ATE harmiess from any
linbiiity imposed for injury (as defined by Governmont Code Section 810.8) occurring by reason
of ttnything done or omitted to be done by LOCAL AGEATCY under or in connection with any
work, nuthority or jurisdiction delegated to LQCAL AGENCY under this agreoment.
(b) Neither LOCAL AGEIdGY nor nny officer or employee thereof, shall be responsible
for nn,y dumngc or linbility occurrin~ by reason oF anytE~ing done or omitted to be done by STATE
• under ar in connection with a~y work, uuthority or jurisdiction not deleguted to LOCAL AGENCY
under tt~is u~rcement. It is nlso understood nnd agreed that, pursuant to Government Codo Section
. 8~35,4, ST.4'.CE shn11 fully indomnify and hold LOCAL AGENCY harmless From any liability im-
~osed For injury (ns dePaned by Government Codo Section 810.8) occurring by.reason of anything
donc or omitted to he done by STATE under or in connection with any work, authority or juris-
diction noL delegutcd to LOCAL AGENCY under this agreement.
5. If ~TATE is nnmed ns a defendant in a suit involving a local highway, LOCAL AGENCY
- will ttt request of ~TATE ~s~ume full responsibility for the conducL of the defense or willprovide
such us~i~tanae ns STATE may require nnd will pay any judgmenCs issued against STATE and
iiiE co~ts in connection with the dofenso. STATE reservos right to represont itself in atty liti-
Kntion in which STATE'S intorests are at stako.
G. ~hould there be n conflict betweon the provisions of the attached Exhibit "B" and
' other provisions of this agreement those in Exhibit "$" shall apply.
ARTICLE VII - MAINTENANC~
1. Upon ucceptance by the awarding authority of a completed ~'OPICS improvement project
or u3~nn Lhe oontr:~ctor bein~ relieved of the responsibility for maintaining and protecting a portion
of the work, the cigency hnving jurisdiction ovee the street shall maintain the compleLed work in
a mnnner sAtisfactory to the authorized representatives of the United States. If, within 90 days
:cfter receipt oF notice from STATE that a project pn a street under its jurisdiction or any portion
thereof, iti not Ucin~ properly mnintnined, LOCAL AGENCY has not satisfactority remedied the
conditions comp~nincd pF, the approval of furLheu Federal-aid projects of T.OCAL A('rENCX will
be withheld uniiE the project shall have been put in a condition of maintenance satisfectory to
' STATE nnd the Bureau o€ Public Roads. ~
3. The mnintenAnce referred to in paragraph 1 abovc: includes not only the physical con-
dition of the fncility but its operation as well. '1'raffic operations improvements on locaI streets
GhaEl be maintained at no cost to the U.S. Bureau of Public Roads or STATE by an adequate
and well trained staff of Lraffic engineers and technicians. Said maintenance staff may4 be em-
ployeeti of a LOCAL AGENCY, another unit of government or a consultant under contract with
a L,CKAL AGENCY.
3. The maintenance referred to above includes also any traffic regulations or ordinances
nece~sary for the operution of the network including tho prohibition of parking at specified times
~ und control~ over the direction of travel. The required locu] re~ulations or ordinances shall be
~pecified in the design study report snd LOCAL AGENCY shall furnishYSTATE with evidence
thnt they l~avc been ndopted, prior to finnl acceptance of the completed work by the U.S. Bureau
oF Public Konds. No chungc~ shall be mudo in such regulutions wiLhout prior approval of thc
U.ti, Barer~u oF Pubiic Roads unl~ss LOC'AL AGENCY has a trafFic engineering unit within its
n~vn orgunizntion functioning in a mannor acceptable to said Bureau. It is a~reed that angle
p,~rking ndjncr~it to the through trnffic lanes is not to be permitted at any time in thc future
within the limit~ of rsn .improvoment projact thst is financed in part with TOPTCS or other federal
funds. '
~. . FORM HCC 208 JO/69 ~ ' -~-- ..
. .- ~ ~ ' ' • = ~ TOPIG"S AGREEhfEN7' . '
IN WITNESS WHEREOF, the parties have executed th's's agreement by thair duly suthorized
officers. . '
STATE OF CALIFORNIA C~X OF CHICO
Department of Public Works
Division of Highways
•
J . A. LEGARfZA ~
By
: Stato Highwny ~ngineer Fred Davis, City Ma~ageX
Authorized pursuant to City ot Chico
BY Ciiy Council
HQ Federal Aid and City-County Projects Engineer ~ ~Q ~j'- ~~,
j Resolution No.
L Adopted ~ ~ _ . . ,._
Approval Recommended: 61PP13QU~I~ " O F'ORM:J
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~~~ `~ ~ /CITY ATTORN~IC
C01UN 4F BUTTE
District Engineer
~
Sy
Chairman, Board of pervisors
District City-Cbunty Projects Enginetr
~~GIE CATT
ATTEST:
Clerh of Board
Appraved as to Form and Procedure:
Attorney, Department of Public Wo~ks "
~ Anprov, d ~,s to Fiscal .
and ~uc~r;aiary Control
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.~ ~ . FORM NCC 208 IO/69 ~ ~ -8- ~ ~ ~ ~ ~
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~ ~ EXHIBIT A
Nondiscrimination P.rovisiuns:
During the performance of this contract, the contractor, for itself, iLs assignees and sua
cessoes in interesL (hereinsfter referred to e.s the "contractor"), agrees as follows: ,.
' 1. Com~li¢nce with Regulations: The contractor will comply with the RegulaLions of the
Department of Commerce relative to nondiscrimination in federally-assisted pragrams of the De-
partment of Commerce ('T3tle 15, Code of Federal Regulations, Part S, hereinafter referred to as
the Regulations), which sre herein incorparated by roference and made a part of this contract.
2. Nondiscrimi~atio~.: The contractor,. with regard to the work performed by it after award
snd prior to completion of the contract work, wilt not discriminate on the ground of race, color,
or nstional origin in the selection and retention of suhcontractors, including procurements of
materiels and leases of egaipment. The contractor will not participate either directly or zndirectly
in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices
when the contract covers ~ program set forth in Appendix A-IT of, the Regulations.
3. Solieitatio~s for Subcontr¢cts, lneluding Procure~nents of hldteri¢ls and Equipment: In
all solicitations either by competitive bidding or negotiation made by the contractor for work to
be performed under a subcon6ract, including procurements of matexiels or equipment, each potential
subcontracLor or supplier shall be notified by the contractoc of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the gronnd of race, color or
national origin.
4. lnformation ¢nd Reports: The contractor will provide aIl information and reports required
by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to
its books, records, accounts, other sources of in€ormation, and its facilities as may be determined
by the State Highway Department or the Bureau of Public Roads to be perLinent to ascertain
compliance with such Regulations, orders and instructions. Where any information required of a
conuactor 3s in the exclusive~possession of another who fails or rafuses to furnish this infor-
mation, the cont~actor 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 ohtain the information.
5. Sanctions /or Nonco~aPliance: In the avent of the contractor's noncompliance with the
nondiscrimination provisions of this cont~act, the State ~ighway Department shali impose such
contract sanctions as it or the Bureau of Public Roads may determzne to be appropriate, including,
butnot limited to, '
• (a) withholding of payments to the conuactor under the contract until the contractor com-
~ plies, and/or
(b) esncellation, tsrminetion or svspension of the contract, in whole or in part.
6. lncorporation of Provisions: The contractor will include the provisions of paragraph 1
throagh 6 in every subcontract, including procurements of materiais and leases of equipment
unless exempt by the RegulaLions, order, or instructions issuer] pursuant Chereto. 'She contractor
will take snch act,ion with respect to any subcontract or procuremenC as the State Highway De-
partment or the Bureau of Public Roads may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, that, in ~he event a contractor becomes
involved in, or is threstened with, litigation with a subcontractor or supplier as a result of such
direction, the contractor may request the State to enter inLo such liLigation to protect the interests
~ oP the State, and, in addition, the contractor may zequest the United States to enter~into such
litigation to protect the interests of the Unitsd States.
Form xCC 208 l0/69 ... ~ 9-
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MAS~ER AGREEMEPT'.~ ~'OR TOpICS PR4GRAA+!
BETWEFId STATE, THE CITY OF CT~TCO~
ADTD T~3E COUA~"~Y OF BUT~E
DESCRS~'TIOlET OF PROJECT ~
~'he prepar~t3.on oY an ARE.~W~DE TOPICS PLAl~ ~ STUDY
REPORT covering the en~ire Chico ~T~cba~'i Area w3.~h3n the ex3.sting
Urban Area botu'idaries approved by the k'edexal. Hi~h~ray Adxainis~r~,ti.on.
• pERFORt~.ANCE 0~' 6i0RK
TYie Ci~y o~' Ch~.co and the Coun~y o~ Bu'~~e ~i11 co~p3~.e
da~a ~'ar ~he Stucjy Report. ~'h~ City will pr~par~ an Are~.wide
, TOPICS Plaxi and S~~:dy Report cove~cing the 'en~ire Chico I7rbarn
Area. TY-e Ci~y wi].1 obtain STATE ~d F~WW1~ approv~7. o~' ~. dr~t
copy of the repa~rt fol~ow3ng tuh~.ch i.~C is to 'be ~o~opted by ~he
governing bo~y' of each 3.ocal agency and subm3.~tted to S~~TEo
ESTZMATED PR03ECT COST AND FINArdCI1~G •
All costs invo~.ved in ~he prepara.'tion o~' the a~'ore-
mentioned AREt~W3:DE TOPICS PLAN At~D STUDX REPORT w3.11 be borne by
the C~.ty of Chico artd County o~ But~e using T.ocaZ Funds.
COORDZidATI1~G AGENT
Pending 'Ghe desi~~.~3on oP an of~'ic~.al coordirnat~in~
agent in accordance with Section 2316 o~P the Stre~ts aric~ ~.i.ghways
Code, ~he Dis~ric~ 0~~'ice o~ the Division o~ ~.i.ghwa,ys wil.l per~'orm
the required aoord3nating Punc~~ons.
SPEC7AL COVEATANTS ~ ~ .
All references herein ~o the.U.5: Bureau o~ Pu.l~~ic
Roads, Bp'R, or Bu~eau sh~11 be eonstrued ~to mean the Feder.al
Highw~,y Administration or FgEWA.
~.'he prepa~ation, completion, or submiss3on af ~he Gen~ral
p~~n og Fi~ghway ~np~covements and ~he 18 mont~is 11.mi~at~.on speci~ied
in Articles Z, II, and TTT sha1~. nat aAp~Y 'to ~this a~~czc:m~m~.
Coordination of the Areawide TO~~CS Pl~n w3.th ai~y exis~ing Zoca,1
Agency Ceneral Plan fbr H9.ghw~Y Impra~rem~nts is required.
~'he continuing comprehensiv~ tscanapor~ation ~lnnreir~ ~
process mentioned in ARTICLE I 3a not a pre.requisite ta ~'e8eral
~und participation in a TOP~C5 ~u-prove~sen'~ p~'ogram in ~~.e CYiico
Urban Ares; however, th~ removal. o~' ~this req iremen~ s1aa1Z not
pre~udice exist3.ng or future nego~iations be~een STA~~ ~d
IACAL AGEDTCY to undertake such plac~nin~ with Federa3. or State
and Loca1 Agency ~unds. ~
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RESOLUTION N0. 20 71-72
RESO~UI'TON AUTHORIZING LOCAL AGENCY--STATE AGREENfEIvT
(TOPICS Program)
WHEREAS, by Resolu~ion No.19 71-72, Che City Councx3.
authorized the executian o£ a coopera~ive agreement between Che
County of Butte and the City of Chico, relative to participation
' in the "TOPICS" program, as set forth in the Federal Aid Highway
r^,c~ o~ 1968, preliminary to an agreement contemplated to be
entered into by the Coun~y of Butte and the City o:E Chico with
the State o~ California, under the provisions of Chapt~r 1141 of
the Statutes of 1969, to provide ~or the use ot federal funds
made available to improve traffic systems, and
WHEREAS, there has been submitted to the city and
county a form of agreement by the State of California, a copy of
wh~ch is on file in the office ot the City Manager, which has
been appxoved by the City Attorney as to farm, and reviewed by
this Council, entitled "Loca1 Agency---State Agreement--Traffic
Operations Program to zncrease Capaca.ty and Safety--TOPIGS;" and
WHEREA,S, it is in the public interes~ thaC such agree-
ment be entered into; now therefore a
BE IT RESOLVED BX THE COLTNCIL• OF THE CITY OF CHIC4
AS FOL~OWS, TO WIT:
~.. That tk~e City of Chico loin with the County of
Y
Sut~e in the execution of the form of agreement hereinabove
described, with the State of California.
2. That the City Manager be, and he is hereby
authorized to e~ecute such agreement for and on bek~al~ o~ the
Citq of Chico, and further to execute amendmen~.s Chere.to, sh.auld
such be requ.ired from time to time, in such form as s~ial.l be
app~roved by the City ACCorney, for the purpose of implementing
the original agreement. ,
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The £oregoing resolution was adopted at a regular
meeting of the Gouncil of the Ci~y of Chico, held on
the 7th ,day of September, 1971, by the fol3.owing vote:
AYES: Counci.lmen ~3athen, MeGowan, Priel, Ringel, Stewart
& Nichols.
NOES: None. :
ABSENT: Councilman Ruff,
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ATTE~T: ~ ~
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City C1er1c
APPROVED:
C' y ACtorn.ey ~
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, I, BarSara A. Evans, City Clerk of {he C~ty of Chico, do horeby cerYify
that ii~is is ~ ~,~c and'.correcf coAy of Resolutlon No. ~U 7/ 7~
adoptc~i by t:ie'Council of the City of Chico at ~
~ . ~~ -- 1---~ ~ regul r me~i~~ieid on ihe _._,L~__~
~ 19 4
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. . . ~ ~ .~ ~ ~ ' ~ ~ ~ c~~G~( . - c~i,~2~~
City Clerk ,
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