HomeMy WebLinkAboutStaff Report 05 2/20/2001 CITY OF PETALUMA, CALIFORNIA
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AGENDA BILL
Agenda Title';'Resolution authorizing the City Manager to (sign Meeting Date:
Agreement with .Caltrans Administering. Agency-State Master-, February 20, 2001
Agreement No. 04-5022 to Receive State-Administered Federal
Funding for Transportation Projects.
Department: Public Director: Contact:Person: Phone Number:
Facilities and Services Richard Susan Lackie w 778-4303
Skladzi'en
Cost of Proposal: $0.00 Account Number:
3300
Amount Budgeted: $0.00 Name of Fund:
Attachments to Agenda Packet Item:
1. Agenda Report
2. Administering Agency-State Master Agreement No. 04-5022
3. Resolution authorizing the City Manager to sign Administering Agency-State Master Agreement
Summary Statement:
The City and Caltrans must, enter into the Master Agreement as a predicate to receiving state-
administered federal funding for transportation projects. This agreement updates the original agreement
presently in place, and covers the general requirements of all federal-aid projects for implementation of
projects and the maintenance of the completed facilities. This agreement has been modified to reflect the
• new provisions'of the Intermodat Surface Transportation Efficiency-Act (ISTEA) as well as continuing
applicability for the Transportation Equity Act for the 2151 Century and the current Local Assistance
procedures.
Council Priority`,: THIS AGENDA ITEM IS CONSIDERED`TO.BE.P:.ART OF, OR NECESSARY To, ONE OR
MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999
AND 1VLARCH-;18, 2000.
Priority(s): Provide for the funding of capital improvements. .
Recommended City Council.Action/Suggested Motion-:
Adopt resolution authorizing the City Manager to 'sign the Agency-State Master Agreement No. 04-
50022.
Reviewed by Finance`Director: Reviewe (b.v City Attorney: Approved by City Manager:
a Date: ': Date:
• a
odav's Da e: Revision # and Date Revised. File \CI s e: caltrans-agency-state-
0 01/20/01 # master-agree-cc-02-20-01
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• CITY OF PETALUMA,,CALIFORNIA
FEBRUARY 20, 2001
AGENDA REPORT
FOR
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE
AGENCY-STATE MASTER AGREEMENT NO. 04-5022
1. EXECUTIVE SUMMARY:
The City and Caltrans must enter into the Master Agreement as a predicate to receiving state-
administered federal funding for transportation projects. This agreement updates the original
agreement presently in place, and covers the general regdirentents of all federal-aid projects for
implementation of projects and the-maintenance of the completed facilities. This agreement has
been modified to reflect the new provisions of the Intermodal Surface Transportation Efficiency
Act (ISTEA) as well as continuing applicability for the Transportation Equity Act for the 21st
Century and the current Local Assistance procedures.
2. BACKGROUND: •
• The City Attorney has reviewed.the Master Agreement and noted that,the City and Caltrans must
enter into the Master Agreement a condition to receiving..state-administered federal funding
for transportation projects. He"also noted.that the City might have little leverage in negotiating
any changes in the agreement. The City Attorney found the agreement generally acceptable as to
form, but wished to point out the following:
e Article IV, sections 6 and 7, the City agrees that,any increase in the project costs,are to be
defrayed with City funds and that the City is to use its own non-federal-aid.fads to finance
the local share of eligible costs.
e Article VIII, the State has the right to terminate the agreement upon sixty- (60),days' prior
written notice. However;,there is no reciprocal termination agreement for the City. As a
Practical matter, however, this may be of no concern to the City since the City, as'a fund
recipient, is less likely to beinterested in,termination of'the agreement. In any event, the
City may wish to consider requesting a mutual'termination provision.
♦ Article I, sectionl1, any contracts entered into by thesCitywith third parties are to
incorporate Exhibits A and B attached to the,MasterAgreement.
The above noted requirements are incorporated into the,presentapproved Master Agreement
between the City of Petaluma and Caltrans. It should be noted that funds such as TDA. Coastal
Conservancy, etc., are considered non-federal-aid,funds and are eligible to finance the local
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share: City personnel discussed each of the above concerns noted by the City Attorneywith
Caltrans. Caltrans would nottallow any alterations to be made to the agreement.
3. ALTERNATIVES:
a) Authorize the City Manager to sign the-Agency-State Master Agreement No..04-5022.
b) Do not authorize the City Manager to sign the Agency-State Master Agreement No 04-
5022.
4, FINANCIAL IMPACTS:
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If the City Council approves the Master Agreement, future or current projects such as'the,
Lakeville Street Overlay, Purchase of the Mosquito Abatement Building, etc. will be eligible to
receive federal funding.
If the Master Agreement is not approved,;the City will not be eligible to apply for or receive
federal funds for current or future projects.
5. CONCLUSION:
Following the adoption of the resolution, the City Manager will execute the agreement and return
it along with a certified authorizing resolution to Caltrans for their ratification. .
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6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL•IDENTIFY SUCCESS OR
COMPLETION:
The City can apply for and receive federal funds, thereby lessening the amount of City funds
needed for'future Capital Improvement Project.
7. RECOMMENDATION:
Adopt resolution authorizing.the-City Manager to sign the Agency-State Master Agreement No.
04-50022.
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Caltrans-agencya[ate-master-agree-cc-02=Z0=0I
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MASTER AGREEMENT
ADMINISTERING A GENCY=STATE.AGREEMENT
FOR
• • FEDERAL-AID PROJECTS .
04 City of Petaluma
District Adminstering Agency
Agreement No. 04 5022
This AGREEMENT, made effective this day of 2000, is by and between the
City of Petaluma
hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and
through the Department of Transportation (Caltrans), hereináfterjeferred.to as "STATE."
WITNESSETH:
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WHEREAS, the Congress of the United States has enacted the Intermodal Surface.
Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the
Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement
Program (CMAQ), the Transportation Enhancement Activities Program (TEA), and the Bridge
Replacement and Rehabilitation Program (HBRR) (collectively the "Programs"); and
WHEREAS, the Legislature of the'State of California has enacted.-legislation by which certain
.Federal funds (RSTP and CMAQ) may'be.made available for use on local;transportation facilities of public
entities qualified to act as recipients of-tt ese federal funds in accordance;with.the intent of Federal law; and
WHEREAS, before Federal'-aid will be-made available for a specific Program project,
ADMLNISTERLNG AGENCY and STATE are required to•enter into an:agreement relative to prosecution
of said project and maintenance of the completed facility.
NOW, THEREFORE, the.parties°agree as follows:
ARTICLE:I - PROJECT ADMINISTRATION
1: This AGREEMENT shall have no force or effect with respect to any Program project
unless and until a project-specific Program.Supplement to this AGREEMENT for Federal-aid Projects,
hereinafter referred.to;as "PROGRAM.SUPPLEMENT," has been executed.
2. The`terni 'PROJECT," as•used.herein, means that authorized project financed in pan with
Federal funds as further described,in;an "Authorization to Proceed" document executed by STATE, in the
subsequent.specific=PROGRAM SUPPLEMENT, and in a Federal-aidProject Agreement (PR-2).
• 3. The Financial commitment of STATE administered federal`,funds will occur only upon the
execution of this AGREEMENT, and the execution of each project-specific PROGRAM SUPPLEMENT
and PR-2.
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4. ADMINISTERING AGENCY further agrees, as a conditionto.payment'of funds obligated •
to a PROJECT,to comply with all the agreed-upon Special Covenants or"Remarks attached to the
PROGRAM SUPPLEMENT identifying and definingthe nature of the specific PROJECT.
5. ThePROGRAM SUPPLEMENT shall designate-the'party responsible for implementing
the various phases;of the PROJECT; the Federal funds requested,and the matching funds to be.provided
by ADMINISTERING AGENCY and/or STATE: Adoption of the'PROGRAM SUPPLEMENT by
ADMINISTERING:AGENCY and approval by STATE shall"cause such PROGRAM SUPPLEMENT to
be executed+.and bea part.of this•AGREEMENT as though'fully'set forth herein. Unless otherwise
:in
expresslydelegated _a"resolution by the ADMINISTERING AGENCY'S governing body, the
PROGRAM SUPPLEMENT:shall be approved and managed by the,ADMINISTERING'AGENCY's
governing body.
6. ADMINISTERING'AGENCY shall conform to all State statutes;;regulations;and
procedures (including those set forth,in LPP',95-07, "Reengineering;"•,and;subsequent,approved?revisions
. and Local Programs Manual,updates, hereafter referred to as REENGINEERED'•PROCEDURES)irelating
to the Federal-aid Program, all Tide.23 Federalrequirements,and all applicable.Federal laws,,regulations,
and policy and procedural or-instructional'memoranda,unless otherwise designated in.the approved'
PROGRAM SUPPLEMENT:
7. If PROJECT involves'work on the Statehighway system, itshall also be the subject of a
separate standard form of encroachment permit and, where appropriate,a cooperative agreement between
STATE and ADMINISTERING AGENCY to determine how the PROJECT into be constructed'.
8. If PROJECT is not on STATE-owned right:of way;-PROJECT shall.beconsttucted'dn
accordance with REENGINEERED.PROCEDURES. TtieREENGINEERED PROCEDURES describe.
minimum statewide design standards!'for local_agency`streets•am roads The;REENGINEERED
PROCEDURES for projects-Off the National Highway System (NHS) allow the.STATE to accept either
the minimum,statewide design standards or ADMINISTERING:AGEN CY-approved geometric:design
standards. Also, for projects;off.the NHS,;STATE will'accept ADMINISTERING AGENCY-approved
standard specifications,standard plans;and materials sampling andtestrng;qualityassurance programs that
meet the conditions:described'in theREENGINEERED PROCEDURES:
9. When PROJECT'is not on the State highway.system bntincludes work to be performed'by
a railroad, the contract for such work-shall be prepared by ADMINISTERING>AGENCY or by STATE,
as the parties may hereafter agree:In either event,ADMINISTERING AGENCY shalt enter into an
agreement with the railroadproviding for future maintenance of.protective devices or other facilities
installed under the contract
10. ADMINISTERING AGENCY provide or arrange forradequate,supeivisionand
inspection of each.PROJECT. As provided in theREENGINEERED PROCEDURES, work maybe
performed by a consultant(s),.provided.:a fully qualified and licensed employee of ADMINISTERING
AGENCY is in responsible charge.
11. The Congress of the;United States,:the;Legislature of the;State of California,and the
Governor of the.State'of California,,each withip:their respective jurisdiction;;haveprescr bed certain
employment:practices with respect to work•fmanced with.Federal;or State'funds: ADMINISTERING
AGENCY agrees to comply with the'requirements'of the FAIR EMPLOYMENT.PRACTICES
ADDENDUM (Exhibit A;attached hereto)whenever State funds finance part of the PROJECT,-and the •
NONDISCRIMINATION ASSURANCES (Exhibit B.attached hereto). "ADMINISTERING AGENCY
further-agrees that any agreement.entered into by ADMINISTERING AGENCY With:a third party-for
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performance df work connected with the PROJECT shall incorporate Exhibits A (whenever State funds
• finance part of the PROJECT) and Exhibit B (with third party shame replacing ADMINISTERING
AGENCY) as parts of such agreement
ARTICLE Et - RIGHTS;OF WAY
1. No contract for the construction of.a Federal-aid PROJECT shall be awarded until the
necessary rights,of way have been secured: Prior to thehadvertising for construction of the PROJECT,
ADMINISTERING AGENCY shall certify arid,uponrequest,shall furnish STATE with evidence that
necessary rights of way are available for construction purposes or will be+available by the time of award of
the construction contract
2. ADMINISTERING AGENCY agrees to indemnify,and hold.STATE harmless from any
liability which may result in the event the right of way for a PROJECT is not clear as certified. The
furnishing of right of way as provided for herein includes, in addition to all real property required for the
PROJECT, title free and clear of obstructions and encumbrances.affecting PROJECT and the payment, as
required by applicable law, of damages to real`property not actuallytaken Nit affected by
PROJECT. ADMINISTERING AGENCY shall pay, from its own.non;matching funds, anycbsts which
arise out of delays to the.construction:of the PROJECT because utility facilities have not been removed or
relocated, or because rights of way have notbeen made available to;ADMINISTERING AGENCY for the
orderly prosecution of PROJECT.work.
3. Subject to•STATE pproval andsuch supervision as isrequired in REENGJNEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition:procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal funds for,expenditures to purchase
• only necessary rights of way included in PROJECT after,crediting PROJECT with the fair market value of
any excess property retained and not•disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
I PROJECT, said ADMINISTERING AGENCY must carry.out that acquisition in compliance with the
Federal Uniform Relocation.Assistance and Real Property AcquisitionPoliciesAct of 1970, as amended. .
5. Whether or not'Federal-aid is to be requested for:rightof..way, should ADMINISTERING
, AGENCY, in acquiring right of way for PROJECT, displace=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 shallbesrequired to move from his/her dwelling or to move his/herb'usiness or farm.operation
without at least9O-days writtennotice from ADMINISTERING AGENCY. ADMINISTERING
AGENCY will provide STATE with specific assurances, on'each^portion of the 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 ADMINISTERING AGENCY's relocation
program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons
for the.PROJECT as provided in Federal Highway Prograins'Manual (FHPM 7-5). •
6. In all real property transactions•acquiied°for,thePROJECT,following recordation of the
deed or such other recorded instrument evidencing title in the nameof the ADMINISTERING AGENCY
or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring
Restrictive Covenants.' Said Agreement Declaring Restrictive Covenants will incorporate the assurances
included within Exhibits Aand B and Appendices A,B,C and D, as:-appropriate, when executed by
•i ADMINISTERING:AGENCY.
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ARTICLE III - MANAGEMENT AND MAINTENANCE OF PROPERTY
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1. ADMINISTERING AGENCY will maintain and.operate the PROJECT property acquired,
developed, rehabilitated,or restored for its intended public use until':such time as.the:parties might amend
this AGREEMENT to otherwise provide. With`the approval of STATE, ADMINISTERING AGENCY or
its successors in interest in:the property may transfer this obligation and responsibility to maintain and
operate the property to another public entity.
2. Upon ADMINISTERING AGENCY acceptance of the completed'Federal-aid construction
contract or upon contractor being,relieved of the.responsibility.for maintaining and protectinga portion of
the work,the:agency having jurisdiction over the PROJECT shall maintain the completed work in a
manner satisfactory to the authorized representatives of STATE'and the United States. _If, within 90 days
after receipt of notice from.STATE that a PROJECT, or any portion thereof,under ADMINISTERING
AGENCY's jurisdiction is not being properly maintained"and ADMINISTERING AGENCY has not
satisfactorily remedied the conditions complained of,the approval of future Federal-aid projects.of
ADMINISTERING.AGENCY will;be withheld-until the'PROJECT shall have beenput in a condition of
maintenance.satisfactory to;STATE and the Federal Highway Administration: The'provisions of this,
section shall not apply to a PROJECT which has been vacated through due process of
3. The maintenance referred to m paragraph 2, above, includes not only'the-physical condition
of the-PROJECT but its operation as well PROJECT shall be.maintained.by an adequate andwell-trained
staff of engineers and/or such other:professionals and technicians as the project requires Said
maintenance staff may be.employees of ADMINISTERING AGENCY, another unit of,government, or a
contractor under agreement-with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for-efficient operation of.the'complete PROJECT'iinprovements.
ARTICLE IV - FISCAL PROVISIONS
1. The PROJECT,.or-portions thereof, mustbe included,in a,Federally-apptoved.Statewide.
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY'submittal,of the
"Request for Authorization."
2. State and Federal funds will,notparticipateinPROJECTwork performedin,advanceof
approval of the "Authorization to Proceed." The parties.shall execute a PROGRAM'SUPPLEMENT
between STATE-and ADMINISTERING AGENCY subsequently incorporating-the"Authorization to
Proceed."
3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement:of
participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT.PROGRAM
SUPPLEMENT has been'executedby STATE-and,the;PR-2.has been:executed by FHWA. The total of all is claimed,plusDany required matcng-unds,must not exceed the actual total allowable costsiof all
completed engineering ring work ri htof way ac uisrnon„andedonstruction.
4. Invoices shall be,submitted on,ADMINJSTERING.AGENCY letterhead:andshall include
this AGREEMENT number, Federal-aid project number, and Progress billing.number for the PROJECT,
and shall be in accordance-with REENGINEERED PROCEDURES.
5. The estimated g p st of PROJECT, the amounts:of Federal-aid programmed, and the
matching amounts agreedai on may beadjustedby mutual consent;of.the;parties hereto in a Finance
Letter/Detatl?Estimate and'a PR-2 document which are to be considered as part of this AGREEMENT.
Federal-aid program amounts may be'mcreased to cover PROJECT cost mcreasesonlyif such funds are
available and FHWA concurs with that increase.
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6. When additional federal-aid funds are notavailable„ihe•ADMINISTERING AGENCY
. agrees that the payment of Federal funds will be.limited to•the'amounts approved by the PR-2, or its
modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING'AGENCY funds.
7. ADMINISTERING AGENCY shall use its own nonfederal-aid funds to finance the local
share of eligible costs and all expenditures ruled-ineligible for financing with Federal funds. STATE shall
make the determination of ADMINISTERING•AGENCY cost eligibility,for Federal fund financing.
8. Any overpayment to ADMINISTERING AGENCY'of amounts'invoiced shall be returned
to STATE by ADMINISTERING AGENCY upon written'demand.
9. Should ADMINISTERING AGENCY fail to refund'all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete
PROJECT, then, within 30 days of demand, or within such other period as may be agreed to in writing
between the parties hereto, STATE, acting through the State Controller,the State Treasurer,or any other
public agency,may withhold or demand a transfer of an amount equal,to the amount owed to STATE from
future apportionments, or any other funds due ADMINISTERING AGENC&from the Highway Users
Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY
Federal-aid projects.
10. Should.ADMINISTERING,AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE,and if ADMINISTERING-AGENCY'is constituted as a joint
powers authority, special district, or any other public entitytot directly receiving funds through the State
Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available,
including the withholding or transfer of funds;pursuant to Article IV- 9, from those constituent entities
• comprising a joint powers authority or„by bringing of an,action against ADMINISTERING AGENCY or
its constituent member entities,to recover all funds provided by STATE hereunder.
ARTICLE V RETENTION OF RECORDS/AUDITS
1. For the purpose of determining,compliance with Public Contract Code Section 10115,et.
seq. and Tide 21, California Code of.Regulations,Chapter 21, Section2500 et,seq., when applicable, and
other matters connected with the performance of the Agreement pursuant.to Government Code
' Section 10532, ADMINISTERING AGENCY and'any third;party'under contract with ADMINISTERING
AGENCY shall:retain all original records to the project financed-,with-Federal funds and shal make records
available upon request by.Federal and State representatives. Following final settlement of the project costs
with FHWA the records/documents may be microfilmed by the ADMINISTERING AGENCY, but in any
event shall be retained fora period of three years from STATE payment of the finalvoucher, or a four-year
period from the date of the`final payment under the contract, whichever is longer. ADMINISTERING
AGENCY shall retain records/documents longer if required in writing by STATE:
2. Per the'Single Audit Act of 1984, any ADMINISTERING AGENCY that receives
5100,000:00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an
independent audit firm per the Single Audit Act- (see OMB-A128,"Audits of State and Local
Governments").
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of
•' the signatory officer's knowledge and belief, that:
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A. No STATE:or Federal appropriated funds have been paid or will be paid,by on on
behalf of ADMINISTERINGAGENCY, to any person for influencing or attempting to influence an •
officer or employee of any STATE,or Federal agency, a Member.of the State Legislature or United:States
Congress, an officer'or:employee of the Legislature or Congress,or any employee,ofa Memberofthe;
Legislature or Congress:in connection-with the awarding ofany'STATE or Federal contract including this
Agreement; the-making of any STATE or Federal loan, the entering-into of any cooperative contract, and
the extension,continuation,renewal, amendment, or modification of any STATE or Federal contract,
grant,loan,.or cooperative contract.
B;. If any,funds:other than Federal funds have been paid, or will be paid,
influencing any person for nfluencing or attempting to influence at;officer or employee of any Federal agency,a
member.of Congress, an officer:or employee.of Congress-or an employee of a member of Congress in
connection with this Agreement, grant,local,or cooperative contract;ADMINISTERING AGENCY shall
complete and subntitStandard Form-LLL,'-Disclosure Form to Rep Lobbying,"-in accordance with the
form instructions.
C. This certification is a material representation of fact upon which reliance was placed
when this Agreement was:made or entered into Submission of this,certification-is;'a'prerequisite for
making,or entering into thistAgreement imposed by Section 1352,Title 31, U.S. Code Any party who
fails to file the required certification shall be subject to a civil penalty of not'lesssthan,$10,000 and not
more $100;000 for each such failure.
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2. ADMINISTERING AGENCY also:agrees by signing this document that the language;of
this certification will be included in'all°lower tier sub-agreements which exceed$100,000 acrd thatall such
sub-recipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS` PROVISIONS •
1. Neither:STATE nor any officer:or employee thereof shall be responsiblefor any:damage or
liability occurring by reason of anything done,,or omitted to:be:done,by ADMINISTERING,AGENCY
under, or in connection with,_any work,authority or jurisdiction delegated to ADMINISTERING
AGENCY under this AGREEMENT. It,is understood and,agreed that,pursuant to Government Code
Section 89'5.4„ADMINISTERING AGENCY shall fully'defend, indemnify:and save,harmless'STATE,
its officers, and employees from all claims,suits or actions of every'name;kind and description brought;
for, or on account of, injury (as defined in Government.Code Section.810:8)j occurring,by reason=of
anything done, or omitted to be.done,:by ADMINISTERING AGENCY under; or in connection.with,.any
work; authority or jurisdiction delegated to-ADMINISTERING AGENCY.under this Agreement. STATE
reserves the right to represent itself in any litigation in which STATE'sinterests are at stake:.
2, Neither ADMINISTERING AGENCY',nor any officer or employee thereof, shal be
responsible for any damage or liability by,reason of anything done,or omitted.to be done, by
STATE under, or in connection, with any work,authority, or jurisdiction,delegated;to STATElunder this
AGREEMENT. It is:also°understood,and;agreed that, pursuantto Government Code Section;895,4,
STATE shall fully indemnify,andholdADMINISTERING AGENCY harmless from.any liability imposed,
for injury (as defined b Government Code Section 810:8) occurringibyreason of anything done, or
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omitted to bedone,by STATE under, or in,connection with, any work,authority;or jurisdiction delegated
to STATE:under this Agreement. ADMINISTERING AGENCY reserves the right to itself in
any litigation in which ADMINISTERINGAGENCY's interests are at stake.
• 3. ADMINNISTERING AGENCY and the officers and employees of ADMINISTERING
AGENCY, when engaged infthe performance of this Agreement, shall-act in an independent capacity and
not as officers, employees or agents of STATE. •
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4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should
ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and'inthe manner
herein provided. In the event of suchttermination, STATE may,proceed.with.the PROJECT work in any
manner deemed proper by STATE. If,STATE terminates this AGREEMENT with ADMINISTERING
AGENCY,STATE'°shall pay ADMINISTERING AGENCY the sum due,ADMINISTERING AGENCY
under this AGREEMENT prior to termj.nation,provided,however„ttat•the cost of PROJECT completion
to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this
AGREEMENT, and the balance, if any,shall then be paid ADMINISTERING AGENCY upon demand.
5. Without the written consent of STATE; this AGREEMENT is not assignable by
ADMINISTERING AGENCY either'in whole or in part.
6. No alteration or variation,of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein
shall be binding on any of the parties hereto. •
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no
person selling agency g employed retained t it or secure this.AGREEMENT upon an
erson or sellin a enc has been em to ed or retained to'sohc
agreement or understanding for a commission, ercenta e, brokerage,or contingent fee, excepting bona
fide employees or bona fide established or selling agencies maintained by ADMINISTERING
AGENCY for the,purpose of securing business. For breach or violation of this warranty, STATE has the
right to annul this AGREEMENT without liability, pay only for the value of the work actually performed,
or in STATE's discretion,to deduct from the price of consideration,or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code Section:,10296,ADMINISTERING AGENCY
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ereby certifies.under penalty of perjury that no more than one final unappealable finding of contempt of
ourt by a Federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two-year period because,of ADMINISTERING AGENCY's failure to comply with an order of
a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor
Relations Board.
9. ADMINISTERING,AGENCY shall discloseany financial, business, or other relationship
with STATE or the FHWA that may have an impact upon the outcome;"of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who;mayhave a financial interest in the
outcome of this AGREEMENT.
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10. ADMINISTERING AGENCY hereby certifies that'ittdoes.not now have nor_shall it
acquire any financial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or
secured through rebate`s,kickbacks or other unlawful consideration either,promised or paid to any STATE
employee. For breach,or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct
from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate,kickback,
or other unlawful consideration.
12. T
statute enacted T his s Agreement
Legislato State issub r e ect to any additional restrictions,limitations, conditions, or any
that may affect the provisions,terms, or funding of this
AGREEMENT in any manner.
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ARTICLE VIII - TERMINATION OF AGREEMENT •
1. This Agreement and•any'PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon 60.days' prior written notice by STATE. •
2. Each separate PROGRAM SUPPLEMENT shallseparately establish,the termand,
funding limits for each described PROJECT funded under this Federal-aid program. No STATE
or FHWA'funds are obligated against this AGREEMENT.
IN WITNESS WHEREOF, the parties,have executed this AGREEMENT by their duly •
authorized officers.
STATE OF CALIFORNIA CITY OF PETALUMA
DEPARTMENT'OF TRANSPORTATION
By By
Chief, Office of.Local Pr ograms ADMINISTERING AGENCY •
Project Implementation Representative Name & Title
(Authorized Governing Body Representative)
Date Date
8 11/29/95
•
• EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance ofth this Agreement,ADMINISTERING.AGENCY will not discriminate
against any employee for employment because of race, color,sex, religion,ancestry or national origin.
ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during
employment, without regard to their race,sex, actual or perceived sexual orientation,color, religion,
ancestry, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay
or other forms of compensation;and selection for training;:including apprenticeship. ADMINISTERING
AGENCY shall post in conspicuous places,available to employees for employment, notices to be
provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY will permit access to the records of employment,
employment advertisements, application forms, and other pertinent data and records by STATE, the State
Fair Employment and Housing Commission, or any other agency of the State of California designated by
STATE,for the purposes of investigation to ascertain compliance with the Fair Employment section of this
Agreement.
3. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair.Employment provision to have
occurred upon receipt of a final judgment tortlat effect from a court in an action to
• which ADMINISTERING AGENCY was a.party, or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has investigated
and'determined'that ADMINISTERING.AGENCY has violated the Fair Employ
ment Practices Act and had issued an order under Labor Code Section 1426 which
has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment'Provision, STATE shall have the
right to terminate this Agreement eitherin`whole,orin part, and any loss or damage
sustained by STATE in securing the goods,or services thereunder shall be borne
and paid for by ADMINISTERING.AGENCY and-by the surety under the
performance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY, the difference •
. • between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMINISTERING AGENCY's•breach of this Agreement:
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EXHIBIT B •
NONDISCRIMINATION ASSURANCES
ADMINISTERING.AGENCY HEREBY AGREES THAT,as a condition toseceiving,any,Federal
financial assistanceifromthe STATE,acting-for the U.S. Department of Transportation,it will comply
with Tide VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.,2000d-42 U. G 2000d-4
(hereinafter referred to asithe ACT), and all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations„Department of Transportation, SubtitleA,Office of the Secretary,Part 21,
"Nondiscrimination in Federally-Assisted Programs:of the Department of Transportation-,Effectuation,of
Tide VI of the Civil-Rights Act of 1964” (hereinafter referredito as the REGULATIONS),the Federal-aid
Highway Act cif,1973, and other pertinent directives,to the end that in accordance with the ACT,
REGULATIONS, and other pertinent directives, no person in the United States shall,on the grounds of
race,color, sex,national origin, religion, age or disability, be excluded from participation in,be denied the
benefits of, or beotherwise subjected to discrimination under any program or activity for which
ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department•,of
•Transportation,ADMINISTERING AGENCY.HEREBY GIVES ASSURANCE THAT
ADMINISTERING AGENCY will promptly take any measures:necessary to effectuate this agreement.
This assurance is required by subsection 21:7(a) (1)of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING
AGENCY hereby gives the-following specific assurances with'respect to its Federal-aid Program:
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1. That ADMINISTERING AGENCY agrees that each"program" and each "facility" as
defined in subsections 21.23 (e) and 21.23 (b),,of the REGULATIONS, will be (with regard to a •
"program") conducted, or will be:(with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the^REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following,notification in,all solicitations
for bids for work or material subject to the REGULATIONS'made in connection with the Federal-aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively
insure that in any agreement entered into pursuant to,this advertisement, minority
business enterprises will be afforded full,opportunity to submit bids in response to
this invitation and will not be discriminated againston the grounds of race; color,
sex, national origin, religion; age, or disability inconsideration for award.
3.. That ADMINISTERING AGENCY shall:insert the clauses of Appendix A of this
assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the.clauses=of Appendix B of this Assurance shall,be-included as;a covenant running
with the land, in any effecting a transfer of real property,structures, or`iinprovements thereon, or
interest therein.
5. That where ADMINISTERING AGENCY receives Federal financial assistance,to construct
a facility,or part of a facility, the.Assurance shall extend to the entire facility and facilities operated in
connection therewith.
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6. That where;ADMINISTERING AGENCY'recetvescFederal financial assistance in the
inform, or for the acquisition,of real property or an interestin real property, the Assurance shall extend to
frights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall`;rnciude'the;appropriate clauses set forth in
Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the Federal-
aid Program; and
Appendix D;
(b) for the construction"or use of or access to space on,over, or under real property
acquired, or impro*edunder the Federal-aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during:which
Federal financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property or real property or interest therein,or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the Federal
• financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or
possession of the property.
9. That ADMINISTERING AGENCY shallprovideiforsuch methods of administration for
the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-
grantees,applicants, sub-applicants,?transferees, successors in interest, and other participants of Federal
financial assistance under such progr am will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS, this Assurance and the Agreement.
10. That.ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants,loans, agreements, property, discounts or other Federal financial assistance extended after
the date hereof to ADMINISTERING.AGENCY by STATE,acting for the U.S. Department of
Transportation, and is binding.on ADMINISTERING AGENCY, other recipients, subgrantees,
applicants, sub-applicants, transferees, successors in interest,and other participants in the.Federal-aid
Highway Program.
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11 11/29/95
APPENDIX A TO EXHIBIT tB
During the performance of,diis Agreement, ADMINISTERING AGENCY,foritseif;its'assignees •
and successors in interest (hereinafter collectively'referred to as ADMINISTERING AGENCY)agrees as
follows:
(1) cCompliance with Regulations: ADMINISTERING AGENCY shall comply with.the
regulations relative to nondiscrimination in Federally assisted programs of the Department of
Transportation,Title 49;Code,of Federal Regulations,Part 21,as they may be amended from to
time, (hereinafter referretho as the REGULATIONS), which are herein incorporated by teferenee,and
made a part of this agreement. • -
(2) Nondiscrimination: ADMINISTERING.AGENCY, with regard to the workperformed by
it during the AGREEMENT,shall not discriminate.orrtherzrounds of race, color, sex„ natiOxialiorigin,
religion, age, or disabilitYarthe.iselection and retention of sub-applicants, including procurements of
• materiaLs;and-leaSeS of equipment. ADMINISTERING AGENCY shall not partiaipateeither directly or
indirectly in the discrimination prohibited by Sectioh.21_:5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth:in Appendix B of the REGULATIONS.
(3) Solicitations for.Silb-agreements.IncludingTrocurements of:MaterialS,anCltaininment: In
allsolicitationseitlietly cOmpetiti9ebidding or negotiation niade by ADMINISTERINGAGENCY for
work,,to:be performed under a Sub-agreement, including procurements of materials or leases,of equipment,
each potential sulkapplicantor supplier shall be notifieciby,ADMINISTERINGAGENCY of the
AliMINISTERINGAGENCY'sobligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the ground's ofrace,color, or national origin.
(4) Information and Reports: :ADMINISTERING AGENCY shall provide all and
reports required by the REGULATIONS, or directives issued pursuant_thereto, and shalt permit access to
ADMINISTERING AGENCY's books, records; accounts,other sources of information, and its facilities
as may be determined by STATE oriFHWA to be pertinent to ascertain compliance with such
REGULATIONS otrdirectiVes. Where any information requirettof ADMINISTERING AGENCY isin
the exclUsive.posSasionof another who fails or refuses to furbish this information, ADMINISTERING
AGENCY shall'sucertify to STATE or the FHWA as appropriate, and shall set forth what effons
ADMINISTERING AGENCY lias made to obtain the ft:don-nation.
(5) Sanctions for Ndneornpliance: In the event of-ADMINISTERING AGENCY's
noncompliance with the nOndisCrimination provisionstf-this'agreernerit, STATE shall impose such
agreement sanctions ash Or the FHWA may determine tobe appropriate;including:but not limited to:
•
(a) withtiolding,of paymentsio ADMINISTERING AGENCY under the Agreement until
ADMINISTERING AGENCY complies; and/br
(b) cancellation, termination or suspension of the Agreement, in whole or iripart.
(6) Iricotpotation:O{ProVisions: ADMINISTERINGAGENCY shall include the provisiOnS'of
paragraphs (1) diroughA6)in<every-stib-agreement, including procurements of materials and leases of
equiprneni,,,unless exempt by the:REGUILATIOICIS,c.or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as
STATE or FHWA may direct as a means of enforcing such proviSionsiriolirding.sanctibriSfor
noncompliance, proVided,:howeverothat,in the event ADMINISTERING,AGENCY becorbesinvOived
in, or is threatened with, litigation with a sub-applicant or supplier aSca.result:of sucndireadon,
ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such •
litigation to protect the interests of the United States.
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APPENDIX B TO :EXHIBIT B
11111' The following clauses shall be included in any andall deeds effecting or recording the transfer of
PROJECT real property,,structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW,THEREFORE, the U.S.;Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance'With°Title 23,United States Code, theoRegulations for the
Administration of Federal-aid.for,Highways,and?the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and,also in accordance with and in
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat:`252,42 U.S:C: 2000d to 2000d-4), does'hereby remise, release, quitclaim
and convey unto the ADMINISTERING•AGENCY all the right,title, andinterest of the U.S. Department
of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY
and its successors forever, subject,!however, to the covenant, conditions,,restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits and shall be binding on ADMINISTERING
AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
•hands, does hereby covenant and agree;as a covenant running with the land for itself, its successors and
assigns,
(1) that no person shall onthe grounds of race, color, sex,mational origin, religion,age or
disability, be excluded from participation in,be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such,lands herebyconveyed (;) (and) *
(2) that ADMINISTERING,AGENCY shall use the lands and interests.in lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations,Department of Transportation, Subtitle A,Office of the Secretary, Part 21,
Non-discrimination in Federally:assisted programs of the Department of Transportation-
Effectuation of Tide VI of the Civil Rights Act of 1964; and as said Regulations may be
amended O and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on
said land,and the above-described land,and facilities shall thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this deed.*
* Reverter clause:and related language to be Used only when h is determined'thatsuch a clause is
0. necessary in order to effectuate the purposes of Tide VI of the Civil Rights Act of 1964.
13 11/29/95
APPENDIX C TO EXHIBIT B
The following,clauses shall be includedin any,and all.deeds, licenses, leases,`permits, or similar •
instruments entered into by ADMINISTERING;AGENCY,pursuant to the provisioris,of,Assurance 7(a)
of ExhibitB.
The grantee (licensee, lessee, permittee;_etc:, as appropriate) for himself,his heirs, personal
representatives,.successors in interest, and assigns,,as a part of the,consideration hereof, does hereby
covenant and agree (in the case of deeds and leasesiadd."as covenant running withtlieland") thatiin the
event facilities,are constructed, maintained, or otherwise operated on the said property;described:in this
(deed„license, lease, permit, etc.)for purpose for"which=a U S::Departmentof Transportation program
or activity.is extended or.for another;purpose.involving the provision of similar services the
(grantee,,licensee, lessee;;Permittee,yetc.), shall maintain and<operate,such facilities and services in
compliance.with,alrother requirements:imposed pursuant to Title 49;Code of Federal Regulations,
Departmentrof Transportation,Subtitle A,Officeof Secretary,Part 21,Nondiscrimination in
Federally-assisted programs of the�Departmentof Transportation,-Effectuation of Title of the'Civil
Rights Act of 1964;,and,as said Regulations may be amended.
(Include in licenses,.aeases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination.covenants, ADMINISTERING
AGENCY shall have the right to terminate.the`(license,lease, permit etc:);and to re-enter;and repossess
said land and the facilities thereon, and hold the same as if said:(license,lease,permit,etc.)had never been
made or issued.
(Include in'deeds)*
That in the event of breach of any of the above nondiscrimination,covenants,ADMINISTERING •
AGENCY shall have.the right to re-enter said land and facilities thereon, and the above-described lands
and facilities shall'thereupon,revert to and vest in and become the absolute property of ADMINISTERING
AGENCY and its assigns.
•
* Reverter clause and related language to be used only when it is:determined that such,aclause!is.
necessary in order to:effectuate the purposes of Tide.VI of the Civil:Rights•Aetof 1964, •
14 11/29/95
APPENDIX D TO EXHIBIT B
• The following shall be included in all deeds, licenses,leases, permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee,etc., as appropriate)=for himself, his personal
representatives, successors in interest and acsigns, as a part of the consideration hereof, does hereby
covenant and!agree (in the case of deeds, and leases add "as a covenant_running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability,
shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that-in.the construction of any improvements on, over;or under such land and the
furnishing of services thereon,no personçon the ground of race, color, sex, national origin,,religion, age
or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; and
(3) that the (grantee, licensee,-lessee, permittee, etc:,) shalIuse the premises in compliance.
with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscntninauoncovenants, ADMINISTERING
AGENCY shall have the right to terminate,the(license, lease, permit, etc:) and to re-enter and repossess
said land and the facilities thereon, andhold the same as if said (license, lease, permit, etc.)had never been
•made or issued.
(Include in deeds)*
That in the event of breachof'any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right tore-entei said land and facilities thereon,and the above-described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY, and its assigns.
•
•
•* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
• 15 11/29/95
Resolution No. N.C.S.
• of the City of'Petalulna, California
AUTHORIZING THE CITY MANAGER TO°SIGN.MASTERAGREEMENT
ADMINISTERING LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID
PROJECTS
WHEREAS, the Legislature of the State of California has enacted legislation by which certain
State funds are made available for use on local transportation facility projects; and,
WHEREAS, the City of Petaluma has applied to the California Transportation Commission for
State funding from the State Transportation Improvement Program for the local administration of
certain transportation facility projects; and,
WHEREAS, before State funding willbemade available for specific local transportation facility
projects, the City of Petaluma and the State of California are-required to enter into an agreement
relative to prosecution of specific project and maintenance of the completed facility; and.
• WHEREAS, Caltrans has prepared a Master Agreement entitled, "Administering Agency-State
Agreement for Federal-Aid Projects" for'execution by Caltrans and the City of Petaluma and
relative to prosecution of specific project and maintenance of the completed facility; and,
WHEREAS, a Program Supplement to the Master Agreement isirequired to be approved for
every specific project that is to receive State funds; and,
•
WHEREAS. Article L "Project Administration", of the,Master Agreement allows a local agency
governing body to,del'egat'e the,authority to manage the Program Supplements.
NOW, THEREFORE, BE IT RESOLVED AS:FOLLOWS:
1. The City Manager,hereby is,•authorized to endorse'th"e Master•Agreement entitled,
Administering Agency-State Agreement tot-Federal-Aid;Projects"; and,
•'
2. The City Manager hereby is, delegated the authority to endorse Program Supplements to the •
"Administering Agency-State Agreement for Federal-Aid Projects",
caltrans-agency-state-master-agree-reso-02-20-01
Under the power and authority conferred.upon-this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular.meeting on , 2001, Approved as to
by the following vote: form.
City Attorney
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk Mayor
Resolution No. NCS
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