HomeMy WebLinkAboutResolution No. 5127RESOLUTION N0. 5127
A RESOLUTION AUTHORIZING THE SIGNING OF CITY-STATE AGREEMENT
NO. 3 AND PROGRAM SUPPLEMENT NO. 1 FOR FEDERAL AID SAFETY
IMPROVEMENT PROJECT, RAILROAD CROSSINGS PROTECTION
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael Agreement No. 3 and Program Supplement No. 1
for Federal -Aid Safety Improvement Project for railroad grade crossing
protection at Third Street, Fourth Street, and Fifth Avenue in San
Rafael, California. A copy of said Agreement and Supplement is hereby
attached and by this reference made a part hereof.
I, MARION A. GRADY, City Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the City Council of said
City held on Monday the 21st day of June, 1976, by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
«� C. /Irl
MARION A. GRADY - City ClerY
C.C. AGENDA ITEM N0. 5
LOCAL AGENCY -STATE AGREEMENT
for
Federal -aid Improvement Projects
OAF Marin San Rafael
District County City
AGREEMENT NO. 3
MASTER AGREEMENT
THIS AGREEMENT, made in duplicate
this day of , 197_ , by and between
, 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 Transportation,
hereinafter referred to as "STATE."
WITNESSETH:
WHEREAS, the Congress of the United States has declared
it to be in the national interest for Federal Funds to be
expended for highway projects; and
WHEREAS, the Legislature of the State of California has
enacted legislation by which certain authorized federal funds
may be made available for use on local transportation
facilities in accordance with the intent of federal acts; and
WHEREAS, there exists a compelling need for improvements
of streets and highways withln the boundaries of LOCAL AGENCY;
and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make
use of such federal funds as may be made available within the
jurisdictional boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal -aid will be made available for
projects, LOCAL AGENCY and STATE are required to enter into an
agreement relative to prosecution of the said project and
maintenance of the completed facility.
THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS
Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway
Administration in advance of its nerformnnra_
ARTICLE II - IMPROVEMENTS
1. The term "IMPROVEMENT" as used herein means any work
that is financed in part with federal funds.
2. Supplemental Local Agency -State Agreements (programs),
for improvements, shall be in a form prescribed by STATE and
shall designate the federal funds requested and the matching
funds to be provided by LOCAL AGENCY and if a State Highway 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 agreement.
3. In processing IMPROVEMENTS, LOCAL AGENCY will conform
to all STATE statutes, regulations and procedures relating to
the Federal -aid program and to all applicable federal laws,
regulations, and policy and procedural or instructional memo-
randa. 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.
4. Unless otherwise designated in the approved program,
improvements will be constructed by contract in accordance with
regular federal -aid procedures. Such procedures require the
use of Standard Specifications having prior Federal Highway
Administration approval, FHWA approval of plans, special
provisions and estimated costs prior to advertisement, a
certification by LOCAL AGENCY with respect to the right -o£ -way,
advertisement for a minimum of 3 weeks prior to bid opening,
and prior FHWA 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.
5. When an IMPROVEMENT includes work to be performed by
a raili,oad, the contract for such work shall be entered into
by LOCAL AGENCY or by STATE, as parties hereto agree. A contract
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entered into by LOCAL AGENCY for such work must have prior
approval of STATE and the FIDiA. In either event, LOCAL AGENCY
shall enter into an agreement with the railroad providing for
maintenance of the protective devices or other facilities
installed under the service contract.
6. LOCAL AGENCY shall provide or arrange for adequate
supervision and inspectIgn of each improvement, including
contracts awarded by STATE. With prior Federal Highway
Administration approval, surveying, inspection and testing may
be performed by a consulting engineer provided overall super-
vision of the contractor's operations and progress is performed
'by ari employee or employees of LOCAL AGENCY.
7. STATE shall exercise general supervision over Federal -
aid improvements and may assume full and direct control over
the project whenever STATE, at its sole discretion, shall
determine that its responsibility to the United States so
requires. LOCAL AGENCY contracts shall so stipulate.
ARTICLE III - RIGHTS-OF-WAY
1. No contract for the construction of a Federal -aid
IMPROVEMENT shall be awarded until the necessary rights-of-way
have been secured. Prior to the advertising of a project on
a local street, LOCAL AGENCY shall certify and upon 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.
2 LOCAL AGENCY agrees to hold STATE harmless from any
1 `_cibility which may result in the event the right -of -way is
not clear as certified. The furnishing of right-of-way as
pr�uvided for Herein includes, in addition to all real property
required for- the improvement, the payment of damages, as
required, to real property trot actually taken but injuriously
affcctnJ by the proposed improvement. LOCAL AGENCY shall pay
rrom its funds Dirty costs which arise out of dcl��ys to the
contractor because utility facilities have not been removed or
relocated, or because rights-of-way have not 1,een made
available to the contractor for the orderly prosecution of
the wor•'kc.
"Llbject to STATE approval and sur:h supervision over
j.,OCAf, AGENCY'; .right-of-way acquisition procedures ,;s STATE,
may determine is necessary, LOCAL AGENCY moy claim reimbursement
f'r°&;i Federal funds for expenditures to purchase rights-of-way
inCluded in an approved program.
4. The IjO�,AL AGENCY will comply with Title III of the
11rciC'or r It�'�].! Pooperty Acquisition Policy.
5. Whether or not Federal -aid is to be requested for
right-of-way, should LOCAL AGENCY, in acquiring right-of-way
for the IMPROVEMENT, 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 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 required by FFDiA
directives.
ARTICLE IV - FISCAL PROVISIONS
1. Where a Federal -aid IMPROVEMENT contract is to be
awarded by STATE, matching funds will be provided by LOCAL
AGENCY prior to the time that such funds are required to
reimburse contractor. STATE will bill LOCAL AGENCY for amount
due immediately following contract award or at option of
LOCAL AGENCY will submit monthly bills during life of contract.
2. The estir.�ated total cost of Federal -aid projects, the
amounts of Federal -aid programmed, and the matching amounts
agreed upon may be adjusted by mutual consent of the parties
hereto, provided funds are available to cover increases and
provided Federal Highway Administration concurs in any increase
In the Federal-ald .
3. Upon: submittal by LOCAL AGENCY of a statement of
expenditures for Federal -aid improvements, STATE will pay its
agreed share and will advance an amount equal to the legal
pro rata federal share of the costs believed to be eligible
for participation with federal funds grid will voucher Federal
Highway Admin.i.stration for subseqiiernt reimbursement.
1t. LOCAL AGENCY shall use "nonfederal" funds to finance
the local stare of eligible costs and expenditures ruled
Ineligible for a'inancirig, with federal funds. STATE stroll make
preliminary dE. te-rrnination of el1g1b1licy for federal fund
finariclrig . U.l t_i nate determination shall rest with the Federal
Highway Ac m1,i 1Ntrat_i.cjr,. Any uverp:ryment of 1.11ounts due Shall
be vetur•nc-. i to STATE ixpoii deiir_�nd.
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 apportion -
merits 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 said project has been authorized 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 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
require►nents,where they are applicable. Any agreement or service
contract entered into by a LOCAL AGENCY for the performance of
work connected with this agreement shall incorporate Exhibit "A"
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
the work done by a consultant, the agreement or contract with
the consultant may not be executed or awarded until the selection
of the consultant and the terms of the agreement or contract have
been found by STATE to be in conformance with Federal Policy and
Procedures and have been approved by the Federal Highway
Administration. ouch agreement or contract shall include a
provision that the work and records of the consultant are subject
to inspection at all times ty 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. Ail major changes in the agreement or
contract must have prior approval of the Federal. Highway
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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 d66uments 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 Administration, such records
and documents may be microfilmed at the option of LOCAL AGENCY
but in any event shall be retained for a 3 -year period after
submission of the final voucher or a 4 -year period from the
atr 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 harm-
less 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.
(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 delegated to STATE under this agreement. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, STATE shall fully indemnify and hold LOCAL AGENCY
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 STATE under or in connection with
any work, authority or jurisdiction delegated to STATE under
this agreement.
ARTICLE VI -MAINTENANCE
1. Upon acceptance by the awarding authority of a
completed Federal -aid improvement project or upon the contractor
being relieved of the responsibility for maintaining and pro-
tecting a portion of the work, the agency having ,jurisdiction
over• the street shall maintain the completed work in a manner
satisfactory to the authorized representatives of.' the United
`lt�,tes. If, within 90 days after receipt of ;-}otice from STATE
-6-
that a project on a street under its jurisdiction or any
portion thereof, is not being properly maintained, LOCAL AGENCY
has not satisfactorily remedied the conditions complained of,
the approval of further Federal -aid projects of LOCAL AGENCY
will be withheld until the project shall have been put in a
condition of maintenance satisfactory to STATE and the Federal
Highway Administration. The provisions of this section shall
riot apply to a street 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 on
local streets shall be maintained 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.
IN WITNESS WHEREOF, the parties have executed this
agreement by their duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
Division of Highways
HEINZ HECKEROTH
Assistant Director, Highways
CITY OF San Rafael
By
Mayor
ATTEST:
ByCity Clerk
Ch ef, ice o ca ss s ance
Approval Recommended:
IL
District Director of Transportation
';E, �
Local Assistance Engineer
M
OF
airman, ttt' Supervisors
ST:
e ric o
.i i
_!' Ni)l"CRIMINATION PROVISI0NI1:
f)1.U'ing the performance Vf lil
ltt; ,lssignees and succe,3sorS 1 '. i. tit, ,- 1.;-i 'i `.•
aL; the ncont•2", ctorlr) agrees a,:,
(1) Com l iance with Re ulatiun•_ Curlt.r ,ac t. r_ " - c'
with the 7egul at ions re'L at_ t:-)
Federally -assisted progra-m- cT tti�-. Lie ;part=rn r1L �'r.1i:�f�� _
tation, Title 49, Code of 1'. d.er'.i? Regulation:-;,
as they may be amended from tirmc� ;;n ti:n�: (1�•:a',i: _.''t �,r
referred.. to as the Regulatioi,,: ), v,,hich -_a-re
porated by reference and oracle a part of this cc.•`c'.�.^ . .
Nondiscrimination: The cont: 4i t �• ', i:it,L r•c.t_r3.rd. s
work per or)ned y it during thoI.a_1. il.•; •ii
criminate on the grounds of ro ce. r,r>1 vt , c.,r r`ti;,_t
origin in the selection and i'ote,:tioi, of �:uLc'r,tlrr:�1.'.:•_,1'.�,
including procurements o{l li.;' , .r i_; 1_1,_t ' e';_.._.
ment. The contractor shall fart•!'_ L1J;,zti tltr irrr; :.
)r indirectly in the di�.cri_lni :_it. .; :, )�1 '7tlibi.t,--d i
Section 21 .5 of the Regul lt-i ?"l`,, it,C) Li,IiCl?'tiJi. ;:,: ;i r• jlr �: -.
tees when the contract cove.,:. L,: hrrrrrr Jnr !'or+:, ;_1:
A,opendix B of the Regulations.
.
,) 'licitations for Subcon, racLs
_)f Materials anis E ui melt: In a
by competitive bidding i.ng or nl r'_,1_i ltioi7 :;1:3c1r i:y t, o.):. -
tractor for work to be
including procurement., of r: at r� :11� _ r l :' i::G c_,t,, ;. ,,;__•1.
eacrl potential subcontra . t ;)' or :p.!__. ':r° .i.• r:. if_
by the contractor of the0r',_ I: i..
z.
,!ontract and the Regul lti. i�.. :;' '* ..� c, r�.,•.:i.:_._1_r ;+
on the grounds of race, c __ t '1`,ti .,ra:. ! ,r =i.L _ .-
(-r) Information arid Reports."' . _ ' ' ....r':a _ I:r l::l' , -.
in nrmation and reports r e , t,4 ar
directives, issued pursuart "_]'ct1 r'1 '?, l i�!: i -' � -;'_
+�rl i''," (_:.�lf��t[�. r P.C('lY'(�S. ?-.�n?riT.r - .,1":��. . �i �, ..1•iiru-.
'.:roti, _..._a its facilities ,s may ', �l:ttl'!!i_. C', i•V �,,.' .?�. :i•
h� r_' oar tment or the
t;E j;F r _ lit to ascertai)i
it ?c.:iVes:. Where art: __._f 1"'i?12t _vrl 1'e<ja11'id 1)f .l Cvr!tr1'.:.,Ci'
xc]usive posses:-<;_,,- c= rznot.her who _'_ails or
- - urnish this =ic^1, the contractor shi.11
S
C' :, moi' _ �. !.r_) the Stare ''i_'=, ,';-�i'. �,ir al"tllli?llt, .,r tho 1' eCiCra�
and sha_' I -et f_•,.:,rt..
it has i-fia,i6 i •.n the iJ of oi'"r'? I- JL .
(5) Sanctions for Noncompliance: In 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 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 con—
tract, in whole or in part.
(6)
Incorporation of Provisions: The contractor shall include
the provisions of paragraphs (1) through (6) in every sub—
contract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives
issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurement as
the State highway department or the Federal Highway Adminis—
tration may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however,
that, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request
the State highway department to enter into such litigation
to protect the interests of the State, and, in addition, the
contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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City of
LOCAL AGENCY ,wc`lrl 1
7taiae I
nATE Wqr r
SUPPLEMENT NO. 1
TO LOCAL AGENCY - STATE
AGREEMENT NO. 3
PROGRAM
of
LOCAL AGENCY FEDERAL AID SAFETY IMPROVEMENT PROJECTS
In the
Local Agency
Pursuant to the Federal Highway Safety Act, the attached "Program"
of Federal Aid Projects marked "Exhibit B" is hereby incorporated
in that Master Agreement for the Federal -Aid Prograer which was
entered into between the above named LOCAL AGENCY and the STATE
on , and is subject to all of the
terms and conditions thereof.
The sub,i c.; t program is adopted in
Article II of the aforementioned
City/k;�+ati-t;� Resolution No.
Council on
attached) .
Appro%ed for State
HEINZ HECK ERCITH
Assistant Director, Highways
By�.
",Chief, Office of Lo I Assistance
Department of Transportation
Form DH -OLA -1,31 k-75)
accordance with Paragraph 2 of
agreement under authority of
approved by the City
(see copy
M ty of ORn Rafael
Local Agency
By
Attest:
Clerk
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