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HomeMy WebLinkAbout1992-01-28 - AGENDA REPORTS - STATE LOCAL TRANS PROJ (2)I AGENDA REPORT City Manager Appr.v Item to be presented y (/ yH r CONSENT CALENDAR Lynn M. Harris DATE: January 28, 1992 SUBJECT: MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENTS FOR STATE/LOCAL TRANSPORTATION PARTNERSHIP PROJECTS DEPARTMENT: Community Development BACKGROUND The State/Local Transportation Partnership Program identifies and participates in funding locally supported projects. An eligible project for funding under this program must be constructed on a local road, a state highway, or an exclusive, mass transit guideway; also, the completed project must either increase capacity, extend service to a new area, or extend the useful life of the roadway a minimum of 10 years. Three projects which are included in the City's approved budget have been previously approved by Caltrans for their participation in funding. These projects are: Decoro Drive widening (currently under construction), Cherry Street overlay (contract awarded), and Rotunda Road overlay (work completed). Eligible projects historically have received 10 to 15 percent reimbursement of construction costs for projects done under this program. Caltrans' procedures for this program requires the execution of a Local Agency -State Master Agreement. Additionally, a supplemental agreement is required for each projectas they are approved by Caltrans. By entering into this- agreement, the City could receive between $92,000 and $138,000 from Caltrans in reimbursement monies for these projects. RECOMMENDATION 1. Approve State/Local Entity Master Agreement No. SLTPP-5450. 2. Approve Program Supplement No. 001 for the Decoro Drive widening project. 3. Approve Program Supplement No. 002 for the.Cherry Street overlay project. 4.. Approve Program Supplement No. 003 for the .Rotunda Road overlay project. ATTACHMENT State/Local Entity Master Agreement No. SLTPP-5450 Program Supplement No. 001 (Decoro Drive) to State/Local Transportation Partnership Program Agreement No. SLTPP-5450. Program Supplement No. 002 (Cherry Street) to State/Local Transportation Partnership Program Agreement No. SLTPP-5450. Program Supplement No. 003 (Rotunda Road) to State/Local Transportation Partnership Program Agreement No. SLTPP-5450. AGN/580 APPROVED Agenda Item., �- ?0/.90 STATE -LOCAL ENTITY MASTER AGREEMENT NO. c TPP -5450 STATE -LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 et seq) 07 CTTY OF CA%TA ('T_ARTTA DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this day of 199_, by and between the City of Santa 1Zrarita a City, County, or LOCAL ENTITY, as defined in Streets and Highways Code Section 2601(a), hereinafter referred to as "LOCAL ENTITY", and the State of California, acting by and through the Department of Transportation, herein referred to as "STATE". WITNESSTH WHEREAS, as provided by Section 2600 et seq. of the Streets and Highways Code, LOCAL.ENTITY, has applied for State Share funds to be used for an "Eligible Project" as defined, herein referred to as "PROJECT" selected by LOCAL ENTITY. WHEREAS, STATE is required to enter into an agreement with LOCAL ENTITY to delineate certain responsibilities relative to prosecution of the said PROJECT. NOW, THEREFORE, the parties agree as follows: ARTICLE I - Contract Administration 1. Projects shall be constructed in accordance with this agreement and as described in the Project Termini and Type of Work of the Program Supplemental Agreement. 2. Unless otherwise provided in the Program Supplement the LOCAL ENTITY shall advertise, award and administer the construction contract for the PROJECT. 3. The construction work for PROJECT shall be performed by contract. As a condition of acceptance of the State Share Funds -provided for this PROJECT, LOCAL ENTITY will abide by the State/Local Partnership Program policies, procedures, guidelines and any special covenants in the Program 1 Supplement which is made part of this agreement by this reference. ;. The estimated cost and scope of PROJECT will be as shown in the approved Project Application which, by reference herein, is made part of this agreement. A contract for an amount in excess of said estimate may be awarded and expenditures may exceed said estimate provided LOCAL ENTITY will provide the additional funding and that sufficient LOCAL ENTITY money is available to finance same. 5. If the total State Share for all eligible PROJECTS exceeds the amount specified in subdivision (b) of Section 2600ofthe Street and Highways Code, the STATE shall compute the pro rata.share of State Share funds to be available so that each eligible PROJECT will receive the same ratio of State Share to local share funding. 6. The LOCAL ENTITY agrees that the payment.of State Share Funds will be limited to the lesser of the product of multiplying -the calculated pro rata percentage as determined by the STATE by either: (a) the Total eligible State/Local Partnership Project Cost in the approved State/Local Partnership Program Application. * (b) the award amount. * (c) the Final Cost amount. and accepts any consequent increase in LOCAL ENTITY funding requirements. * Includes contract items plus a maximum of 10% for contingencies and construction engineering. 7. Subsequent to the Legislature appropriating the.State Share funds and after the LOCAL ENTITY has entered into: a) this State -Local Entity Master Agreement; b) a project specific Program Supplement; and c) awarded the contract for a eligible project, the LOCAL ENTITY may request and shall receive payment for eligible work as follows: (a) STATE will pay it's proportionate "State's Share" of the eligible participating costs upon LOCAL ENTITY submittal of acceptable monthly progress pay estimates for expenditures. Initial progress billings should cover completed or underway contract work. (b) If. PROJECT is a cooperative project and includes work.on a STATE highway, PROJECT shall be the subject of a separate cooperative agreement between the STATE and LOCAL ENTITY. 2 8. The Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. LOCAL ENTITY shall ensure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. 9. After completion of all work under this agreement and after all costs are known, LOCAL ENTITY shall contract for a financial audit of the project costs. The Final Audit, to be accomplished at the LOCAL ENTITY'S expense, may be done on an individual project basis, or may be included in the LOCAL ENTITY's annual Single Audit. If an individual project audit is done, the auditor must prepare a Final Audit Report. If the LOCAL ENTITY.chooses the Single Audit option, a Management Letter will be required for the State Share funding. In either case, the audit will include compliance tests required by the Single Audit Act and its implementing directive, OMB Circular A-128. The compliance testing should ensure controls are in place to assure that: (a) Reimbursement claims submitted to the State for the project are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible costs incurred by the LOCAL ENTITY are -fully supported (c) Ineligible costs were not claimed as reimbursable on the project. (d) Construction Engineering and contingencies do not exceed 100 of contract items. (e) Local match funds were from an approved.source. 10. The Final Project Expenditure Remort must be completed within 120 days of project completion and should be in the format described in Volume I, Section 19,. Exhibit 19-1a of the Local Programs Manual. The Final Audit must be completed by December 30th following the fiscal year of project completion. Project completion is defined as when all work identified in the approved State/Local Partnp-ship Application and Program Supplement Agreement has been completed and final costs are known. The report documents (sinal Project Expenditure Report and Final Audit Report) will be sent to the appropriate State Department of Transportation District Office. Failure to comply with these reporting requirements may result in withholding of future 3 allocations by the Comniss.ion. 11. The State reserves the right to conduct separate technical and financial audits if it is determined necessary. After the financial audit, LOCAL ENTITY shall refund any excess State Share funds reimbursed to LOCAL ENTITY beyond its entitlement. 12. Should the LOCAL ENTITY fail to pay STATE claims within 3o days of demand,, the STATE, acting through State Controller, may.withhold an equal amount from future apportionments due the.LOCAL ENTITY from the Highway Users Tax Fund. The STATE may, at its option,.intercept and apply any monies otherwise due the LOCAL ENTITY to pay these claims. 13. When THE PROJECT includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL ENTITY. LOCAL ENTITY shall enter into an agreement with the railroad providing for maintenance of the protective devices or other facilities installed under the service contract and for Railroad Protective Insurance during construction as necessary. 0 ARTICLE II - Right -of -Way 1. All related rights-of-way as are necessary for the construction PROJECT shall be.acquired by LOCAL ENTITY at its own expense and no contract for construction of PROJECT, or any portion thereof, shall be advertised until the.necessary rights-of-way have been secured. 2. The furnishing of rights-of-way as provided for herein includes but may not be limited to: (a) all real property required for THE PROJECT free and clear of obstructions and encumbrances. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277. (d) the cost of demolition and sale of all improvements on the right of way. (e) the cost of all utility relocation, protection or 4 removal legally obligated to be done by the LOCAL ENTITY. (f) the cost of all hazardous materials and waste clean up not rein.-bursable by prior owners. (g)`the 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. Should LOCAL ENTITY, in acquiring right-of-way for PROJECT. displace an individual, family, business, farm operation, or nonprofit organization, the LOCAL ENTITY shall provide relocation payments and services as required by California Government Code, Sections 7260-7277. . ARTICLE III = Engineering 1. "Preliminary Engineering" costs may not be financed with State Share funds and shall be financed by the LOCAL ENTITY with other sources of funding a*vailab3.e to the LOCAL ENTITY. 2. "Construction Engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field -reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities and may be financed with State Share funds. Established overhead for employees working directly -on an approved PROJECT is eligible for cost sharing. The LOCAL ENTITY shall contribute its general administrative and overhead expense and not bill that cost as part of local contributions. 3. Unless the parties shall otherwise agree in writing, LOCAL ENTITY'S employees or engineering consultant shall be responsible for all engineering work. When construction engineering is performed by STATE, charges therefore shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges not financed at State cost shall be paid from funds of LOCAL ENTITY. ARTICLE IV - Miscellaneous Provisions 1. The cost of maintenance performed by LOCAL ENTITY forces 3 during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. 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 LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. it is also understood and agreed that, pursuant to Government Code Section 895.4, LOCAL ENTITY 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 ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. 3. Neither LOCAL ENTITY nor any officer or employee thereof, shall be responsible for any -damage or liability occurring by reasons 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 ENTITY 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 agreement. 4. Auditors of STATE shall be given access to LOCAL ENTITY'S books and records for the purpose of verifying costs and pro rata share to be paid. All project documents will be available for inspection by authorized state personnel at any time during project development.and for a three-year period from date of final payment under the contract or one year after the audit is completed or waived by the STATE, whichever is longer. If a State audit is conducted, the soltrce of local match funds will be checked to determine if the source complies with the program requirements. ARTICLE V - Accommodation, of Utilities 1. Utility facilities may be accommodated on the richt-of-way provided such use and occupancy of the right-of-way does not interfere with the free and safe flow of traffic or otherwise impair the. roadway or its scenic appearance; and provided a Use and Occupancy Agreement, setting forth the terms under which'the utility facility is to cross or otherwise occupy the right-of-way is executed by the LOCAL ENTITY and OWNER. The Use and Occupancy Agreement setting forth the terms under which the utility facility is to cross or otherwise occupy R, the right-of-way rust'include the provisions set forth in Volume I, Section 12 -of the LOCAL PROGRAMS MANUAL published bv.the STATE, unless otherwise approved by the STATE. 2. If any protection, relocation or removal of utilities is required within STATE's right-of-way, such.work shall be Derformed in accordance with STATE policy and procedure. LOCAL ENTITY shall require any 'utility company performing relocation work in the STATE'S right-of-way to obtain a State Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as -built plans. ARTICLE VI - Condition of Acceptance As a condition of, acceptance of the State Share Funds provided for this project, LOCAL ENTITY will abide by the State policies, procedures and guidelines pertaining to the State/Local Partnership Program. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By District Director of Transportation Date LOCAL ENTITY CITY OF SANTA CLARITA By. Date Date: October 8, 1991 t'ROGRAM SUPPLEMENT NO. 001 I Location: 07-LA-0-SCTA to Project Number: SB91-5450(538) STATE -LOCAL TRANSPORTATION E.A. Number: 07-928537 PARTNERSHIP PROGRAM AGREEMENT 140. SLTPP-5450 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on / / and is subject to all the terms and conditions thereof. This Program Supplement isadoptedin accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: DECORO DR: VISTA DELGADO TO SECO CYN DR. TYPE OF WORK: STREET WIDENING LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction/Construction Engineering/Contingencies Estimated Cost State Share Funds I Matching Funds is IFY93 FY91 $ OI Local I OTHER I OTHER 559,305 FY92 $ 121,775 $ 437,530 $ 0 $ 0 $ 0 CITY OF SANTA CLARITA STATE OF CALIFORNIA Department of Transportation By By CHIEF, LOCAL STREETS AND ROADS BRANCH Date Date Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting. off iceil)!±���� Date /b 9 ! $ 121775.00 Chapter Statutes I Item Y Urogram 18CI Fund Source I AMOUNT 467 1990 2660.101.042 90.91 20.25.010.100 C 258010 042•T 121775.00 0 07-LA-0-SCTA SB91-5450(538) SPECIAL COVENANTS OR REMARKS DATE: 10/08/91 PAGE: 2 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed $121775 to be encumbered and reimbursed as follows: FY 90-91 $ 0 FY 91-92 121775 FY 92-93 0 This agreement is valid andenforceable only if sufficient funds are made -available by the California State Legislature. Any subsequent State Partnership funding changes will be made through a revised finance letter. 0 0 0 Date: November 22, 1991 ,PROGRAM SUPPLEMENT NO. 002 Location: 07-LA-0-SCTA o to Project Number: SB92-5450(044) STATE -LOCAL TRANSPORTATION I E.A. Number: 07-928562 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5450 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on / / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to paymentoffunds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: CHERRY ST:PEACHLAND AVE TO APPLE ST TYPE OF WORK: OVERLAY PAVEMENT LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK (X) Construction/Construction Engineering/Contingencies Estimated Cost State Share Funds IFY92 $ 37,6501 $ 125,417 FY93 $ 0 $ 0 FY94 $ 0 CITY OF SANTA CLARITA By Date Attest Title Matching Funds Local OTHER OTHER 87,767 $ 0 $ STATE OF CALIFORNIA Department of Transportation By CHIEF, LOCAL STREETS AND ROADS BRANCH Date I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officery-k L/L/ 9� Date //-;.2 -91 Chapter Statutes 467 1990 Item Year $ 37650.00 Program ISCI fund Source I AMOUNT 2660-101.042 90.91 20.25.010.120 C 258010 042-T .a7 37650.00 07-LA-0-SCTA 5892-5450(044) 0 SPECIAL COVENANTS OR REMARKS DATE: 11/22/91 PAGE: 2 It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State.shall not exceed $37650 to be encumbered and reimbursed as follows: FY 91-92 $ 37650 FY 92-93 0 FY 93-94 0 Any subsequent State Partnership funding changes will be made through a revised finance letter. 2. The State Funds Share is -calculated based on the lower of the approved eligible application amount or the eligible award amount. Any subsequent State Partnership funding changes will be made through a revised finance letter. 3. The Reimbursement Ratio for this Cycle 2 (91/92) project is 30.02%. P Date: November 22, 1991 PROGRAM SUPPLEMENT NO. 003 Location: 07-LA-0-SCTA to Project Number: SB92-5450(045) STATE -LOCAL TRANSPORTATION E.A. Number: 07-928563 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5450 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on / / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: ROTUNDA RD:TOURNAMENT RD TO SARDA RD TYPE OF WORK: OVERLAY PAVEMENT LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PRASE(S) OF WORK [X] Construction/Construction Engineering/Contingencies Estimated Cost State Share Funds I Matching Funds FY92 $ 70,557 Local OTHER OTHER 1 235,O33IFY94 FY93 $ 0 $ 164,476$ 0 $ 0 ` $ 0 I CITY OF SANTA CLARITA By Date Attest Title STATE OF CALIFORNIA Department of Transportation By CHIEF, LOCAL STREETS AND ROADS BRANCH Date I hereby Certify upon my personal knowledg/e that budgeted funds are available for this encumbrance: Accounting Officer (")We 9 Date ff 'n rt� $ 70557.00 Chapter Statutes Item - Yta Program ISCI Fund Source AMOUNT 467 1990 2660.101.042 90.91 20.25.010.120 C 258010 042-T 40 70557.00 0 0 07-LA-0-SCTA DATE: 11/22/91 SB92-5450(045) PAGE: 2 SPECIAL COVENANTS OR REMARKS I. It is mutually understood between the parties that this contract may have been written -before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed $70557 to be encumbered and reimbursed as follows: FY 91-92 $ 70557 FY 92-93 0 FY 93-94 0 Any subsequent State Partnership funding changes will be made through a revised finance letter. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. Any subsequent State Partnership funding changes will be made through a revised finance letter. The Reimbursement Ratio for this Cycle 2 (91/92) project is 30.02%.