HomeMy WebLinkAboutCC RES 76-094RESOLUTION N0. 76-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AUTHORIZING THE EXECUTION OF CERTAIN FEDERAL AID
URBAN AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS).
The City Council of the City of Palm Desert, California, does
hereby authorize the Mayor and City Clerk to execute the following
agreements with the California Department of Transportation (CALTRANS)
for Federal -Aid Urban Projects:
1. Local Agency -State Master Agreement for Federal Aid Urban (FAU)
Systems Projects Agreement No. 12; and
2. Program Supplement No. 1 to Master Agreement No. 12.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, this 22nd y
da of Jul
y 1976, by the
following vote:
AYES: McPherson, Mullins, Newbrander, 3 Brush
WES: None
ABSENT: Seidler
City of Pala Desert, California
r..
7.91TIff, "I
�r
- LOCAL. AGRWCT Palm Desert
DATE June 22,197§_
9 a4PPLEMy14T NO. 1
TO LOCAL ACrMCT - KTATr
AGREEMCNT ILO.
PROGRAM 12
of
LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS
in the
CITY OF PALM DESERT
Local A*ever
Pursuant to the Federal Aid for Urban Systems Act (commencing with Section 2350 of the Streets
and Highways Code) and Section 106 of the Federal -Aid Highway .let of 1970, the attached
"ProprAm" of Fedowal Aid Urban Avatmn Projects marked "Exhibit B" is �ereb� :r.ccr :aced :r
that Master .Agreement for the Federal -aid Urban System Program which was entered into betseen
the above named LOCAL AGE\Cl' and the STATE on ,)tll1rs, 1976
and is subject to all of the terms and conditions thereof.
The subject program is adopted in accordance with Paragraph I of Article If of the aforementioned
agreement under authority of City1't?tr NtS- Resolution %o. 76-94 Approved by the City
Councilsl6tSirHIX >4i Ift�iiElfili on July 22�1976 (See cop; attached)
CITY OF PALM DESERT
Local AOeacy
By --s
NOEL J. SH MAYOR
Attest All.eee-a
HARVEY La HURLBURT
Approved for State
HEINZ HECKEROTH
Assistant Director, Highways
By
Cbwc owee of L040 A256~8
Depathwat of Trasspw atioa
roarL DH—M A-411 (7 -75 )
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LOCAL AGENCY -STATE AGREEMENT
for
Federal -aid Urban System Projects
F.A.U.
08 Riverside Palm Desert
District County City
AGREEMENT NO. 12
MASTER AGREEMENT URBAN 12ZMAREA Name Palm pes
URBANIZED AREA No.
THIS AGREEMENT, made in Palm npeprt this 22nd day of
.1111y , 19 79 , by and between the City of Pala Desert ,
political subdivision(s) of the State of California, hereinafter
referred to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by
and through the Division of Highways of the Department of Transporta-
tion, hereinafter referred to as "STATE".
WITNESSETH:
WHEREAS, the Congress of the United States has in the Federal -
aid Highway Acts of 1970 and 1973 declared it to be in the national
interest for Federal Funds to be expended for highway and transit
projects on the Federal -aid Urban System within urban areas; and
WHEREAS, the Legislature of the State of California has enacted
Chapter 201 of the Statutes of 1971, by which the federal funds
authorized may be made available for use on county highways, city
streets and state highways in urban areas in accordance with the
intent of.the federal act; and
WHEREAS, there exists a compelling need for improvements of
streets and highways and transportation facilities within the boun-
daries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use
of such FAU funds as may be made available within the jurisdictional
boundaries of said LOCAL AGENCY: and
WHEREAS, before Federal -aid will be made available for FAU
Programs LOCAL AGENCY and STATE are required to enter into an agreeR
relative to prosecution of the said project and maintenance of the
completed facility.
DH-OLA-407 8-8-75 Rev.
n
WIN
i FAU AGREEMENT
' THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS
1. All projects, excepting mass transit projects, must be
z on an approved Federal -aid Urban System route.
2. The project is part of a program which serves to implement
an areawide plan held currently valid by the regional transportation
policy board.
§ i 3. Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway Admini-
stration in advance of its performance.
ARTICLE II - FAU IMPROVEMENTS
1. The term "FAU IMPROVEMENT" as used herein means any construc-
tion that is financed in part with federal funds provided in accordanc
with Section 106 of the Federal -aid Highway Act of 1970.
2. LOCAL AGENCY may submit for consideration and approval of
STATE and Federal Highway Administration programs for FAU improve-
ments when the following items have been completed:
a. The Federal -aid Urban System Approved
b. The project selected by a cooperative process and
included in the area's approved 3-year program.
3. The program shall be in a form prescribed by STATE and
shall designate the federal funds requested and the matching funds
to be provided by LOCAL AGENCY and if a State Highway is involved
the matching funds to be provided by STATE. Adoption of the program
by LOCAL AGENCY and approval by STATE shall cause such program to be !
a part of this agreement as though fully set forth herein. Unless
otherwise delegated the program shall be approved by the LOCAL
AGENCY'S governing body. Cooperative projects including work on a
State highway shall be the subject of a separate cooperative agree-
ment.
4. In processing FAU IMPROVEMENTS, LOCAL AGENCY will conform
to all STATE statutes, regulations and procedures relating to the
FAU program and to all applicable federal laws, regulations, and
Policy and procedural or instructional memoranda. This includes,
but is not limited to, the holding of public hearings when required,
the publishing of various press notices and the preparation of plans,
specifications and estimates.
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FAU AGREEMEM
5. Unless otherwise designated in the approved program, 71!_
improvements will be constructed by contract in accordance with
regular federal -aid primary and urban fund procedures. Such proce-
dures require the use of Standard Specifications having prior F,_deral
Highway Administration approval, FHWA approval of plans, special pro-
visions and estimated costs prior to advertisement, a certification
by LOCAL AGENCY with respect to the right of way advertisement for a
minimum of 3 weeks prior to bid opening, and prior FH'.,A 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 deter-nin.!d
between the parties prior to each project advertiser..ent.
6. When a FAU IMPROVEMENT includes work to be performed by a
railroad, the contract for such work shall be entered into by LCCA:
AGENCY or by STATE, as parties hereto agree. A contract entered
into by LOCAL AGENCY for such work must have prior approval of STATE
and the FHWA (if Federal funds are used). In either event, LOCAL
AGENCY shall enter into an agreement with the railroad providing
for maintenance of the protective devices or other facilities
installed under the service contract.
7. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each FAU improvement, including contracts
awarded by STATE. With prior Federal Highway Administraticn
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 emplcyees of
LOCAL AGENCY.
8. STATE shall exercise general supervision over FAU improve-
ments and may assume full and direct control over the project when-
ever STATE, at its sole discretion, shall determine that its respon-
sibility to the United States so requires. LOCAL AGE.tiCY contracts
shall so stipulate.
ARTICLE III - RIGHTS OF WAY
1.' No contract for the construction of a FAU IMPROVE E:T
shall be awarded until the necessary rights of way have been secured.
Prior to the advertising of a project on a local street, LOCAL AGENCY
shall certify and upon request shall furnish STATE with evidence that
necessary rights of way are available for construction purposes or
will be available by the time of contract award.
—3—
77
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FAU ACREEMEYP
2. LOCAL AGENCY agrees to hold STATE harmless from any
liability which may result in the event the right of way is not
clear as certified. The furnishing of right of way as provided
for herein includes, in addition to all real property required 1
for the improvement, free and clear of obstructions and encumbrances,
the payment of damages to real property not actually taken but
injuriously affected by the proposed improvement. LOCAL AGENCY
shall pay from its funds any costs which arise out of delays to
the contractor because utility facilities have not been removed
or relocated, or because rights of way have not been made available
to the contractor for the orderly prosecution of the work.
3. Subject to STATE approval and such supervision over
LOCAL AGENCY'S right of way acquisition procedures as STATE may
determine is necessary, LOCAL AGENCY may claim reimbursement from
Federal funds for expenditures to purchase rights of way included
in an approved program.
4. The LOCAL AGENCY will comply with Title III of the Uniform
Real Property Acquisition Policy.
S. Whether or not Federal -aid is to be requested for right
of way, should LOCAL AGENCY, in acquiring right of uay for
FAU IMPROVEMENT, displace an individual, family, business, farm
operation, or non-profit organization, relocation payments and
services will be provided as set forth in Chapter S of Title 23,
U. S. Code. The public will be adequately informed of the relo-
cation payments and services which will be available and to the
greatest extent practicable no person lawfully occupying real
property shall be required to move from his dwelling or to move
his business or farm operation without at least 90-days written
notice from the LOCAL AGENCY. LOCAL AGENCY will provide the
State with specific assurance, on each project, that no person will
be displaced until comparable decent, safe and sanitary replacement
housing is available within a reasonable period of time prior to
displacement, and that LOCAL AGENCY'S relocation program is
realistic and is adequate to provide orderly, timely and efficient
relocation of displaced persons for the project as provided in
FHWA Instructional Memorandum 80-1-71, dated April 30, 1971.
ARTICLE IV - FISCAL PROVISIONS
I. When an FAU IMPROVEMENT contract is to be awarded by
STATE, matching funds will be provided by LOCAL AGENCY prior to
the time that such funds are required to reimburse contractor.
STATE will bill LOCAL AGENCY for amount due immediately following
contract award or at option of LOCAL AGENCY will submit monthly
bills during life of contract.
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FAU AGREEMENT
2. The estimated total cost of FAU projects, the amounts of
Federal -aid programmed, and the matching amounts agreed upon may
be adjusted by mutual consent of the parties hereto, provided funds
are available to cover increases and provided Federal Highway
Administration concurs in any increase in the Federal -aid. However,
this is not to be construed to mean that the original programmed
participation percentage ratio will be changed.
3. Upon submittal by LOCAL AGENCY of a statement of expendi-
tures for FAU improvements, STATE will pay its agreed share and
will advance an amount equal to the legal pro rats federal share
of the costs believed to be eligible for participation with
federal funds and will voucher Federal Highway Administration for
subsequent reimbursement.
4. LOCAL AGENCY shall use "nonfederal" funds to finance the
local share of eligible costs and expenditures ruled ineligible
for financing with federal funds. STATE shall make preliminary
determination of eligibility for federal fund financing. Ultimate
determination shall rest with the Federal Highway Administration.
Any overpayment of amounts due shall be returned to STATE upon
demand.
5. When any portion of a LOCAL AGENCY project is performed
by STATE, charges therefor shall include assessment on direct
labor costs in accordance with Section 8755.1 of the State
Administrative Manual. The portion of such charges not financed
with Federal funds shall be paid from funds of LOCAL AGENCY.
6. Should LOCAL AGENCY fail to pay monies due STATE within
30 days of demand or within such other period as may be agreed
between the parties hereto, STATE, acting through State Controller,
may withhold an equal amount from future apportionments due
LOCAL AGENCY from the Highway Users Tax Fund.
7. Auditors of STATE and the United States shall be given
access to LOCAL AGENCY'S books and records and shall be given
such assistance and information as is requested for the purpose
of checking costs paid or to be paid by STATE hereunder.
ARTICLE V - MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect unless and
until the projects have been approved by the Federal Highway
Administration.
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
111
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FAU AGREEMENT •
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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 AGENCY for the performance of work connected with this agree-
ment shall incorporate Exhibit 'All attached hereto, or such other
provisions as STATE or Federal Highway Administration may prescribe.
3. When Federal funds are to participate in the cost of work
done by a consultant, the agreement or contract with the consultant
may not be executed or awarded until the selection of the consul-
tant and the terms of the agreement or contract have been found by
STATE to be in conformance with Federal Policy and Procedure Memo-
randum No. 40-6 and have been approved by the Federal Highway Ad-
ministration. 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
Federal Highway Administration 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 agreement or contract must have prior approval
of the Federal Highway Administration. All such approvals shall be
requested through STATE. As soon as agreement or contract with
consultant has been awarded five certified copies of said agreement
or contract shall be submitted to STATE.
4. LOCAL AGENCY and its contractors shall retain all original
records and documents relating to work hereunder financed in part
with federal funds and shall make same available for inspection by
STATE and Federal representatives upon request. Following final
settlement of the project accounts with the Federal Highway Admini-
stration, such records and documents may be microfilmed at the
option of LOCAL AGENCY but in any event shall be retained for a
3-year period after FHWA payment of final voucher or a 4-year period
from the date of final payment under the.contract, whichever is longer
5. (a) Neither STATE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by a LOCAL AGENCY under or in
connection with any work, authority or jurisdiction delegated to a
LOCAL AGENCY under this agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, LOCAL AGENCY shall
fully indemnify and hold STATE harmless from 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 AGENCY under this agreement.
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FAU AGREEMENT
,fib) Neither LOCAL AGENCY nor any officer or
shall be responsible for any damage or liability occurring
thereof,
of anything done or omitted to be done g c reason
with any work, authority or Jurisdiction under or in connection
agreement. It is also understood and g to STATE under this
ment Code Section 895.4, STATE shall agreed that, pursuant to Govern -
AGENCY harmless from any liabilityY indemnify and hold LOCAL
Ca►ernment Code Section 810.8) occurring
for injury (as defined by
or Omitted to be done by STATE under orginconnection withreason of an hany done
authority or jurisdiction delegated to STATE under this agreement.
ARTICLE VI - MAINTENANCE
1. Upon acceptance by the awarding authority of a completed
FAU improvement project or upon the contractor being relieved of the
responsibility for maintaining and protecting a portion of the work,
the agency having jurisdiction over the street shall maintain the
completed work in a manner satisfactory to the authorized represen-
tatives 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
withheld until the project shall have been LOCAL AGENCY will be
of
maintenance satisfactory to STATE and the Federal Highwaytion Administra-
tion. The provisions of this section shall not apply to a street
facility which has been vacated through due process of law or which
has been removed from Federal -aid Systems.
2. The maintenance referred to in Paragraph 1 above includes
not only the physical condition of the facility but its operation as
well. Traffic operations improvements on local streets shall be
maintained at no cost to the Federal Highway Administration or STATE
by an adequate and well trained staff of traffic engineers and
technicians. Said maintenance staff may be employees of a LOCAL
AGENCY, another unit of government or a consultant under contract
with a LOCAL AGENCY.
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Y ,. kwS8p,.9r,ttr;1 a
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FAU AGREEMENT
IN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized officers.
STATE OF CALIFORNIA CITY OF Palm Desert
Department of Transportation
Division of Highways
HEINZ HECKEROTH
Assistant Director, Highways By
or -
BY. ATTEST:
Chiefs Office of eorcal Assistance Vity faer
Approval Recartmended:
C OF
Di r Dir .7r?ofTninsportation
By
o Assista ce Engineer n, oar
/106
f Sup 'sors
DH-OLA-407 (8-8- 75 ) Rev.
g
,t
FAU AGREEMENT
NONDISCRIMINATION PROVISIONS: EXHIBIT A
During the e $ performance of this contract, the contractor,
its assignees and successors in
interest (hereinafter referredttalf,
as the "contractor") agrees as follows:
(1) Compliance with Rpo��te�� .
`��►�S• The
contractor shall comply
with the Regulations relative to
nondiscrimination in
Federally -assisted programs of the
De tation, Title 49 partment of Transpor-
t , Code of Federal Regulations, Part
y may be
21,
amended from time to time, (hereinafter
referred to as the Regulations),
which are herein incor-
porated by reference and made
a part of this contract.
(2) Nondiscrimination:
The contractor, with regard to the
work performed by it during the
contract, shall not dis-
criminate on the grounds of race, color, or
origin in the
national
selection and retention of subcontractors,
Including procurements of materials
and leases of equip-
ment- The contractor shall not irec
or indirectly in the discriminationtprohibitedpate tbyr directly
Section 21.5 of the Regulations, including
tices when
employment prac-
the contract covers a program forth
in Appendix B of the Regulations. p g et forth in
(3) Solicitations for Subcontracts Including Procurements
of M aterials
................................EuiDent:
and In all solicitations either
by competitive bidding or negotiation
made by the con-
tractor for work to be performed under a subcontract,
including
procurements of materials or leases of equipment,
each potential subcontractor
or supplier shall be notied
by the contractor of the contractor's obligations under this
contract and the o
Regulations relativ e to nondiscrimination
on the grounds of
race, color, or national origin.
(4) Information and R
information and e rts: The contractor shall provide all
re
di
directives issued ports required by the Regulations, or
its Pursuant thereto, and shall permit access
books, records,
accounts, other sources of inforr.�a-
tion, and its facilities as may be
determined by the State
highway department or the Federal Highway Administration to
be pertinent
to ascertain compliance with such Regulations
or directives. Where
any information required of a contractor
is in the exclusive possession of another who fails
refuses
or
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.
f • � � - :;+» wl ,uy;:�a u�.a��,,�,.S,aa,ff�.n..w�n, ei 4Haa'fiYf
I `i(
1
(S) Sanctions for Sonccnrljar_e: In the e•. _.._
noncompliance with the ncrdiscri^i -_- -
tea_---
---'-•-`_"s _ :s
contract, the State high-.�-av deparrnent su.ai-
contract sanctions as it or the s ..rat
may determine to be apprcr
to: riate,-in,.,:�i- _ teV.___
(a) withholding of pa} -_eats to the-�_-
contract until the contractor _R _ _.
(b) cancellation, ter-inatien or sz:- -si_., _ ;t
tract, in whole or In Fart. -
(6) Incorroratipn cf Prc�:isj--s ne
the provisions of °aragra^%is (.) t
contract, including -rc:_-re.^-eats Tr-?_�r�d:_ n,==zz?z
equipment, unless exer_-t b, the FFe___'=__- --
issued pursuant thereto. 7ie ccn-'a__--
action with respect to an
a _
the State hig .av depart-_nt cr-__
tration Way direct as a -flans o_ e-_ --- --_, __-_-
including sanctions forthat, in the event a contract:.__�-:s :-..__ c - =z
threatened with, litigaticn a -__-
as a result of such direction,
the State hig'.raav depart-ent to en._-
to protect the interests of the State, any,
contractor may request the :n:teG States enter __._- -.
-
litigation to protect the interests __ ___�--�=._
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