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HomeMy WebLinkAbout1993-09-14 - AGENDA REPORTS - AUTHORIZE EXECUTION RESO93-121 (2)AGENDA REPORT City Manager Item to be presented by: Rick Putn j- 2 CONSENT CALENDAR DATE: SEPTEMBER 14, 1993 SUBJECT: AUTHORIZE EXECUTION OF PROPOSITION 116 GRANT FUND TRANSFER AGREEMENT- RESOLUTION 93-121 DEPARTMENT: PARKS, RECREATION, AND COMMUNITY SERVICES BACKGROUND In August 1991, the Parks, Recreation, and Community Services Department submitted a grant application for the fiscal year 1991-92 Proposition 116 - Clean Air and Transportation Act for the development of bikeways. In March 1992, the California Transportation Commission approved 36 bicycle project applications for a total of $9.2 million, including the City of Santa Clarita's application for the Santa Clara River Bike Trail for $800,000. As a condition of the standard provisions of the grant, the recipient's acceptance of the $800,000 funding requires that City Council authorize by Resolution No. 93-121 the execution of Fund Transfer Agreement No. P1166-4. The Fund Transfer. Agreement has been reviewed and approved as to form by the City Attorney's Office and is available in the City Clerk's Office for review. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 93-121 and authorize the City Manager or Mayor to execute Fund Transfer Agreement No. P116B-4. ATTACHMENT Resolution No. 93-121 REP:WJW.dis prop116.rep Adopted:�,q.=43 Agenda Item: RESOLUTION NO. 93-121 Ll A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING THE E%ECUTION OF GRANT FUNDS FOR THE CLEAN -AIR TRANSPORTATION IMPROVEMENT ACT POSITION 116 - 1991/92 BICYCLE PROGRAM FUND TRANSFER AGREEMENT NO. P116B74 SANTA CLARA RIVER BIKE TRAIL WHEREAS, the City of Santa Clarita's 1991/92 Grant Application for Proposition 116, the Clean Air and Transportation Act, was accepted and approved for funding of EIGHT HUNDRED THOUSAND DOLLARS ($800,000). WHEREAS, the EIGHT HUNDRED THOUSAND DOLLARS ($800,000), will be• designated for the acquisition, development and improvement of the SANTA CLARA RIVER BIKE TRAIL. WHEREAS, the grants are awarded pursuant to guidelines established by the California Transportation Commission for determination of project eligibility; and WHEREAS, the procedures• established by the California Transportation Commission require the applicant to certify by resolution the execution of the Fund Transfer Agreements by the City Council. WHEREAS, other capital funds previously programmed by bicycle projects can be used for the project; and WHEREAS, new development fees, taxes or other fees can beiincluded in the operating budget for the project; and WHEREAS, other funding sources may be used.for the project; and WHEREAS, the City of Santa Clarita has the financial and institutional ability to accept the legal liabilities associated with the projects; and WHEREAS, the City of Santa Clarita wishes to improve the bikeway system in all communities throughout the City; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Clarita does resolve as follows: 1. To acquire, develop and improve the SANTA CLARA RIVER BIKE TRAIL within the City of Santa Clarita as specified and required in the California Transportation Commission Policies for the Clean Air and Transportation Act Bicycle Guidelines. 2. To maintain and operate the SANTA CLARA-RIVER BIKE TRAIL within the City of Santa Clarita as required in the California Transportation Commission Policies for the Clean Air and Transportation Act Bicycle Guidelines. 3. To apply for all funds available to the City of Santa Clarita allocated for bicycle development and improvement projects which improve safety and convenience for bicycle commuters. 4. To authorize the Mayor of the City of Santa Clarita to execute said agreements as required in the California Transportation Commission policies for the Clear Air and Transportation Act Bicycle Guidelines. 5. To authorize the Director of Parks, Recreation and Community Services Department of the City of Santa ,Clarita to negotiate and execute all agreements and documents as required. by the California Transportation Commission's grant requirements for Proposition 116, FY 1991-92 projects. PASSED9 APPROVED AND ADOPTED THIS DAY OF 1993. MAYOR ATTESTS CITY CLERK STATE OF CALIFORNIA ) COUNTY OF IAS ANGELES ) SS CITY OF SANTA CLARITA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the city of Santa Clarita at a regular meeting thereof, held on the day of , 1993 by the following vote of the Council: AYES: HOES: CITY CLERK ' City of Santa Clazit:a 23920 Valencia Blvd. Suite 300 City of Santa Clanta Califomla 91355 July 21, 1993 Phone (805) 2592489 Fax (805) 259.8125 Mr. Tom Orta Department of Transportation District 7 120 South Spring Street Los Angeles, CA 90012 Jan Heidt Re: State of California Department of Transportation Mayor Fund Transfer Agreement No. P1168-4 George Pederson Mayor Pro -Tom Dear Mr. Orta: Carl Boyer councrlmember Attached please find six original agreements signed by the City of Santa Clarita for the Santa Clara River .Bike Trail project. Also included in the agreement is the project JoAnne Oarcy schedule, Attachment 1. councilmember Jill Klaiic The agreement's description of work includes in the third sentence that removal and councilmember - relocation of an existing bike lane on Soledad Canyon Road to allow for a third traffic lane will be incorporated into the project. The City of.Santa Clarfta requests that this portion of the description of work be removed from the agreement, as this was riot included in the application submitted by the City. With this change, the attached signed agreement is consistent with the project as submitted by the City of Santa Clarita. It has been very encouraging receiving your assistance and support in the development of commuter bikeway systems in Southern California. I look forward to the completion of the Santa Clara River Trail and appreciate your interest. Sincerely, 14 ;Ride n m Parks. Recreation. and Community Services REP:WJW.dis orozreP Attachments Agreement No. P116B-4 Sheet 1 of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT INITIAL DOCUMENT COVERING ALLOCATIONS OF ❑ PASSENGER RAIL AND CLrE-ANN,AIR BOND ACT OF 1990 (PROP. 108), OR. W'CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 (PROP. 116) BOND FUNDS, OR ❑ TRANSIT CAPITAL IMPROVEMENT FUNDS EFFECTIVE DATE OF AGREEMENT April 1. 1993 RECIPIENT Cifir of Sapfa Clarifa TITLE OF COMPLETE PROJECT Santa Clara River Bikr Trail - lacc I PHASE OF PROJECT ❑ OR COMPLETE PROJECT CTC ALLOCATION: RESOLUTION NO. BFF92-28 FUND AUTHORIZATIONS: FUND SOURCE ' " AMOUNT - Pro 7. 716 5800,000 FISCAL YEAR 97192 FISCAL YEAR LAST EXPENDITURE DATE' 92M A1iril 1, 1995 TERMINATION DATE OF AGREEMENT April 1. 1996 Agreement No. P116B-4 Sheet 2 of 3 This Agreement, entered into as of the date set forth above, is between the recipient public entity identified above, hereinafter referred to as RECIPIENT, and the STATE OF CALIFORNIA, acting by and through its Business, Transportation and Housing Agency, Department of Transportation, hereinafter referred to as STATE. SECTION 1. RECIPIENT has applied to the California Transportation Commission ("CTC') for funds derived under the identified STATE Fund Source, to be allocated by CTC, for the purpose of the project named above and further described in the 'Project Description' (the Project) attached as Attachment I to the Standard Provisions of Grant. SECTION 2. THE CTC has allocated funds for the Project, or a phase of the Project ('Project Phase"), in the CTC Resolution (the "Resolution') identified above and attached as Attachment II to the Standard Provisions of Grant and made a part of this Agreement. RECIPIENT shall be bound to the terms and conditions of the Resolution and all restrictions, rights, duties and obligations . established therein shall inure to the benefit of CTC and be subject to any necessary enforcement action by CTC. SECTION 3. STATE has prepared the "Standard Provisions of Grant," attached and made a part of this Agreement, which, together with this document and all referenced attachments and addenda, sets forth the terms and conditions under which said funds are to be expended. SECTION 4. STATE and RECIPIENT have negotiated the "Project Description," which describes the entire Project to be constructed or acquired by RECIPIENT. Separate Project Phase descriptions, if applicable, will describe the tasks to be performed for each separate phase of the Project. Subsequent Project Phase descriptions. beyond the initial approved description, if any, will be added to this Agreement by Amendment. SECTION 5. STATE and RECIPIENT have negotiated and RECIPIENT has submitted, at the time of RECIPIENT's request for allocation of funds, the "Scope of Work;" (attached as Attachment III to the Standard Provisions of Grant and made a part of this Agreement), which sets forth the tasks and the estimated State bond or TCI reimbursement including progress payments, if any, or the amounts of progress payments to be made from TCI funds if authorized as part of the Scope of Work. State funding limits and. the drawdown schedule established in each original or amended "Scope of Work" for every phase, initial or subsequent, shall not be exceeded or modified without a subsequent amendment and encumbrance of STATE funds. Agreement No. P116B-4 Sheet 3 of 3 . SECTION 6. The completed and signed STATE fund certification on the Scope of Work Approval document, Attachment IV to the Standard Provisions of Grant, including any funding increases allocated to subsequent phases evidenced by an amendment to Attachment IV with additional fund certifications, evidences the limited commitment of STATE funding under this Agreement. SECTION 7. Funding available to RECIPIENT under this Agreement will terminate on the Termination Date first specified above, unless earlier terminated upon written notice from STATE to RECIPIENT pursuant to Article IV, Section 6 of the Standard Provisions of Grant or extended by amendment. SECTION R. This Agreement may be modified, altered or revised only with the joint written consent of RECIPIENT and STATE. SECTION 9. RECIPIENT shall not award a construction contract over $10,000 or other contracts (excluding professional services contracts) over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of STATE.. SECTION 10. RECIPIENT shall conform to any and all environmental obligations established in CTC Resolution G-91-2, attached as Attachment V to the Standard Provisions of Grant, at the expense of RECIPIENT or the responsible party and without further financial contribution or obligation of STATE. SECTION 11. RECIPIENT has executed this Fund Transfer Agreement pursuant to the authorizing resolution, attached as Attachment VI to the Standard Provisions of Grant.--"-'- - SECTION 12. The grant administrators for the parties shall be for STATE, the District Director of Transportation for the District in which the Project is located, and for RECIPIENT, its General Manager or Executive Director or Designee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA LOCAL NAME DEPARTMENT OF TRANSPORTATION 'M1 Jim Smith Chief, Program Management Branch, Office of Local Programs, Caltrans BY 4 E Rick Putnam Title: Director, Parks, Recreation, and Community Services Agreement No. PI 16B-4 Sheet 1 of 11 STANDARD PROVISIONS OF GRANT STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT COVERING ALLOCATIONS OF STATE BOND FUNDS (PROPOSITION 108 OR 116) AND TRANSIT CAPITAL IMPROVEMENT FUNDS RECIPIENT has agreed to accept the applicable provisions contained herein, including all Attachments and Addenda (these "Provisions"), as a condition of its acceptance of a grant from these sources. The State of California, acting through the Department of Transportation, referred to herein as STATE, shall have the administrative responsibilities described in these Provisions. ARTICLE I. PROJECT DESCRIPTION SECTION 1. RECIPIENT agrees to complete the Project, or the identified Project Phase thereof, as described in the attached Project Description and Scope of Work for the identified Project or Project Phase. Reference hereinafter to the Project shall also mean the Project Phase if appropriate. SECTION 2. -RECIPIENT agrees that if STATE hinds prove insufficient to complete the described Project and open it to revenue operation, that payment of any additional amounts required shall be the sole responsibility of RECIPIENT. RECIPIENT further agrees that it will secure and provide, without further STATE assistance under this Fund Transfer Agreement process, such additional resources as are necessary to pay these additional amounts and expeditiously complete the Project. ARTICLE II. SCOPE OF WORK SECTION 1. RECIPIENT shall be responsible for complete performance of the work described in the approved Scope of Work document for the Project corresponding to that commitment of future State funds. All work shall be accomplished in accordance with the applicable provisions of the Public Utilities Code and the Streets and Highways Code. SECTION 2. RECIPIENT acknowledges and agrees that RECIPIENT is the sole control and manager of the proposed Project and its subsequent employment for the benefit of the public. RECIPIENT shall be solely responsible Agreement No. P11613-4 Sheet 2 of 11 for complying with the funding and use restrictions established by the statutes from which the funds are derived, the CTC, the State Treasurer, the Internal Revenue Service, and the terms of this Agreement. RECIPIENT shall indemnify, defend and hold harmless the STATE, the CTC and the State Treasurer relative to anv misuse by RECIPIENT of State funds, Project property or Project generated income or other fiscal acts or omissions of RECIPIENT. SECTION 3. A Schedule of Tasks and a drawdown schedule of Estimated Progress Payments are included in the Scope of Work document. STATE need not pay RECIPIENT a cumulative amount greater than the cumulative amount identified in the Schedule for any time period, or any earlier, than the dates authorized in the drawdown schedule of payments or the Quarterly Cash Expenditure document, where applicable. SECTION 4. The Scope of Work includes an estimated completion date or dates for each of the Project Phases or items of work identified therein and RECIPIENT shall conform to those completion dates. ARTICLE III. PAYMENT SECTION 1. RECIPIENT agrees to contribute at least the statutorily required local contribution (other than state or federal funds) toward the cost of the Project, or the amount specified in the SB2800 (Streets and Highways Code Section 164.53) commitment of future State funds, whichever is greater, from funds available to it. RECIPIENT shall contribute its required amount of the cost of the Project in accordance with a schedule of payments as shown in a Quarterly Cash Expenditure Plan prepared by RECIPIENT as part of the Scope of Work document." - - - SECTION 2. Not more frequently than once a month, but at least quarterly, RECIPIENT will prepare and submit to STATE (directed to the attention of the appropriate STATE District accounting office responsible for administration of the Project for STATE) Progress Payment Vouchers consistent with the Scope of Work document. Each such voucher will report the total expenditures from all sources and will specify the percent of state reimbursement requested and the fund source. The voucher should also summarize STATE money requested by category (right of way, construction and rolling stock) and be accompanied by a report describing the overall work status and progress on tasks for the applicable Project. If applicable, the first voucher shall also be accompanied by a report describing any tasks specified in the Scope of Work document which were accomplished prior to the Effective date of this Agreement, for Which costs are to be credited toward the required local contribution described in Article III, Section 1 of these Provisions pursuant to an executed Agreement for Local Match Fund Credit between RECIPIENT and STATE. Agreement No. P116B-1 Sheet 3 of 11 . SECTION 3. Should RECIPIENT have a valid Memorandum of Understanding (MOU) for "Expedited Payment' on file with STATE Department of Transportation, Headquarters Accounting office, RECIPIENT will, not more frequently than as authorized by that MOU, prepare and submit to STATE a Rail Bond Expedited Payment Invoice for rail bond reimbursements consistent with that MOU and the Scope of Work document. The original invoice .copy shall be mailed or faxed to: Department of Transportation, Division of Accounting, Attention: General Obligation Bond Unit, P.O. Box 942874, Sacramento, CA 94274-0001, (FAX #916-327-4525). As set forth in the MOU, all appropriate supporting documentation and remaining invoice copies are to be contemporaneously submitted to the appropriate Departmental Project Administrator. A warrant for each invoice will be issued by the State Controllers Office within 10 calendar days from receipt of an acceptable invoice. Invoices will be approved for this expedited payment, provided they are not one-time payments or final payments. One-time payments and final payments, eligible for expedited pay, will have 101% of the invoice amount withheld pending approval from the STATE's Project Administrator of all required documents submitted by RECIPIENT. STATE TCI fund reimbursements cannot be invoiced under this MOU process. SECTION 4. Final payment vouchers must be submitted not later than one month after the Last Expenditure Date noted on the face sheet of the Fund Transfer Agreement. Reimbursement will be made only for work performed after the Effective date of this agreement and prior to the Last Expenditure Date. As used in this agreement, "Last Expenditure Date" refers to the last date for RECIPIENT to expend any funds from any of the state funding sources referenced on the face sheet of the Fund Transfer Agreement. SECTIONS. Delivery by STATE of any funds provided pursuant to this Agreement is contingent upon prior budget action by the legislature, fund allocation by CTC, submittal by RECIPIENT and approval by STATE of all documentation required by Government Code Section 14085 and, if bonds are the fund source, subject to the sale of bonds by the State Treasurer. In the event bond sales are delayed, canceled, or downsized or TCI grant funds are restricted, limited or otherwise conditioned by acts of Congress, the CTC, the Legislature, the Internal Revenue Service or the Federal Transit Authority, STATE shall not be held liabre for any resulting damage or penalty. In the event of any such imposition of additional conditions, delay, cancellation or reduction in STATE funding, RECIPIENT shall be excused from meeting the time and expenditure schedule to the extent of such delay, cancellation or reduction and this Agreement will be amended to reflect the necessary changes in scope or scheduling of the Project. SECTION 6. STATE reserves the right to terminate its funding for any Project upon written notice to RECIPIENT in the event that RECIPIENT fails to proceed with the work in accordance with the Scope of Work document, the Agreement No. P11613-4 Sheet 4 of 11 bonding requirements if applicable, or otherwise violates the conditions of these Provisions or the allocation such that substantial performance is significantly endangered. In the event of such termination; RECIPIENT shall be reimbursed its authorized costs up to the STATE's share of allowable Project costs incurred prior to the date of termination, provided that all other terms and conditions of this Agreement have been met. Any such termination shall be accomplished by delivery to RECIPIENT of a Notice of Termination, which notice shall become effective not less than 30 days after receipt, specifying the reason for the termination, the extent to which funding of work under these provisions is terminated and the date upon which such termination becomes effective, if beyond 30 days after receipt. During the period before the effective termination date, RECIPIENT and STATE shall meet to attempt to resolve any dispute. ARTICLE IV. REPORTS AND RECORDS SECTION 1. RECIPIENT and its contractors shall establish and maintain an accounting. system and records that properly accumulate and segregate incurred costs by line item for the Project. RECIPIENT and contractor accounting systems shall conform to generally accepted accounting principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of RECIPIENT and its contractors connected with performance under this Agreement shall be maintained for a minimum of three years from the date of final payment to RECIPIENT under these provisions and shall be held open to inspection and audit by representatives of STATE and the Auditor General of the State and copies thereof will be furnished upon request. In conducting an audit of the - costs claimed under these provisions, STATE will rely to the maximum extent - possible on any prior audit of RECIPIENT pursuant to the provisions of federal and state laws. In the absence of such an audit, any acceptable audit work performed by RECIPIENTS' external and internal auditors and/or federal auditors will be relied upon and used by STATE when planning and conducting additional audits. SECTION 2. RECIPIENT and its contractors agree that contract cost principles at least as restrictive as 48 CFR, Federal Acquisition Regulation System, Chapter 1 Part 31, shall be used to determine the allowability of individual items of costs. RECIPIENT and its contractors also agree to comply with Federal procedures as set forth in 49 CFR, Part 18, Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments. Any costs for which RECIPIENT has received payment that are determined by subsequent audit to be unallowable under CFR 48, Federal Acquisition Regulation System, Chapter 1, Part 31, are to be repaid to STATE by RECIPIENT. Should RECIPIENT fail to reimburse moneys due STATE within 30 days of demand, or within such other period as may be agreed between the Agreement No. P11613-4 Sheet 5 of 11 parties hereto, STATE is authorized to withhold future payments due RECIPIENT from anv source, including but not limited to, the State Treasurer, The State Controller and the CTC. SECTION 3. For the purpose of determining compliance with Public Contract Code Section 10115, at &A., Military and Veterans Code Sections 999.et se& . and Title 2, California Code of Regulations, Section 1896.60 gt Seq., when applicable, and other matters connected with the performance of RECIPIENTS contracts with third parties pursuant to Government Code Section 10532, RECIPIENT, RECIPIENTS Contractor, subcontractors and STATE shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including but not limited to, the costs of administering the various contracts. All of the above -referenced parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under such contract. STATE, the State Auditor General, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents that are pertinent to the Agreement for audits, examinations, excerpts, and transactions and copies thereof shall be furnished if requested. SECTION 4. RECIPIENT will insert clauses to the effect of Sections 1, 2 and 3 above of this Article IV in all of its contracts funded by STATE under these Provisions. SECTION 5. RECIPIENT and STATE agree to conduct, on a quarterly basis, on-site reviews of all aspects of the progress of the Project. The first quarterly review meeting shall take place -within 90 days following execution of this Agreement. RECIPIENT agrees, during each quarterly progress review, to inform STATE regarding (1) whether the Project is proceeding on schedule and within budget, (2) any requested changes to the Project Management Plan, (3) major construction accomplishments during the quarter, (4) any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties, (5) the status of the Project Budget and, (6) the status of critical elements of the Project. Section 6. It will be permissible for RECIPIENT to expend funds as needed and to move funds between expenditure categories and line items with maximum flexibility in accordance with revised budgets furnished prior to the actual expenditures. However, RECIPIENT shall notify and obtain approval from STATE of any proposed changes in excess of 10 percent in any expenditure category prior to actual expenditure. For proposed changes in excess of 20 percent in any expenditure category or for a reduction in proposed work or service levels, STATE' approval shall be obtained and STATE will determine whether the proposed change is significant enough to warrant CTC review. Agreement No. P11613-1 Sheet.6 of 11 Should the proposed change require any increase in State funds, the CTC and STATE must approve that change in advance of funds being expended.. SECTION 7. The quarterly reviews will include consideration of whether activities are within the scope of the Project and in compliance with State laws, regulations, administrative requirements, and implementation of the Project under this Agreement. SECTION S. If RECIPIENT and STATE determine at any time during the performance of the Project, that the Project budget may be exceeded, RECIPIENT shall take the following steps: (1) Notify the designated STATE representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential costs savings or other measures which will bring the budget into balance, (2) Schedule the projected overrun for discussion at the next subsequent Quarterly Review meeting, and (3) Identify the source of additional RECIPIENT funds which can be made available to complete Project. (4) If an increase in State funding is potentially necessary because the initial budget maybe exceeded, then, after obtaining STATE preapproval, RECIPIENT shall prepare a request to the CTC for an additional allocation of State funds. ARTICLE V. GENERAL PROVISIONS SECTION 1. In the performance of work under these provisions, RECIPIENT, its contractor(s) and all subcontractors will not discriminate against any employee or applicant for employment because of race, religious creed, medical condition, color, marital status, ancestry, sex, age, national origin, or physical handicap (Government Code Section 12940 at &q-). RECIPIENT, its contractor(s) and- all subcontractors will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, medical condition, color, marital status, ancestry, sex; age, national origin, or physical handicap.. 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. RECIPIENT, its contractor(s) and all subcontractors shall post in conspicuous places, available to employees and applicants for employment, notice to be provided by STATE setting forth the provisions of this section. Agreement No. P116B-1 Sheet 7 of 11 SECTION 2. RECIPIENT, its contractor(s) and subcontractors will permit access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State,Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by STATE, for the purpose of investigation to ascertain compliance with Section 1 of this Article V. SECTION 3. RECIPIENT agrees to insert, in appropriate contracts, clauses to the effect of Sections 1 and 2 of this Article V and the California Labor Code requirements that all workers employed on public works will be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations. SECTION 4. Should Public Contract Code Sections 2000 or 10115 at &q. or Military and Veterans Code Sections 999 gt &q. be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the following Minority Business Enterprises/Women Business Enterprises/ Disabled Veterans Business Enterprises goals or RECIPIENT's applicable goals in the award of every contract for work to be performed under these Provisions: Minority Business Enterprises - 15% Women Business Enterprises - 5% Disabled Veterans Business Enterprises - 3% RECIPIENT shall have the sole duty and authority under this Agreement to determine whether good faith efforts were sufficient as outlined in Public Contract Code Sections 2000 and 10115 gt, gq., and the Military and Veterans - - - -- Code Sections 999 g[ e SECTION 5. To the extent that RECIPIENT is subject to the provisions of Government Code Section 4450 td_ se_C .. , RECIPIENT shall submit plans and specifications for buildings, structures, sidewalks, curbs and related facilities to the State Department of General Services for approval prior to Construction. SECTION 6. 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 RECIPIENT, its agents and contractors, under, or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement or as respects environmental clean up obligations or duties of RECIPIENT relative to a Project. It is also understood and agreed that,. pursuant to Government Code Section 895.4, RECIPIENT shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) or environmental obligations or duties arising or'created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by RECIPIENT under or in connection with Agreement No. P116B-4 Sheet 8 of 11 any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement. SECTION 7. RECIPIENT is obligated, in perpetuity, to continue operation of the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right of way, the Project facilities constructed or reconstructed on the Project site and/or Project property purchased (excluding construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this Agreement) shall remain dedicated to public transit use in the same proportion and scope and to the same extent as described.in this Agreement and related Bond Fund Certification documents if applicable. Equipment acquired as part of the Project, including rail passenger equipment and ferry vessels shall be dedicated to that passenger use for their full economic life cycle, including any extensions of that life cycle achieved'by reconstruction, rehabilitation or enhancements. Subsequent fund allocations for this Project, if any, will be identified by phase and will be described in detail in an Amendment to this document. SECTION 8. RECIPIENT shall, for the purposes of any State bond funded right of way acquisition which will become a permanent part of the Project (such acquisitions exclude construction easements, property allocated to matching funds, and excess property purchased with State funds whose resale proceeds are returned or credited to STATE), maintain ownership of such Project property for a minimum of twenty years or until the bonds have matured, whichever occurs first, before transferring or selling such property,. subject to the credits due STATE as provided in Article V, Section 9 herein below. SECTION 9: Except as - otherwise seffohlfin tfus56ction 9, STATE, or any assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit, at STATE's sole option, equivalent to the proportionate funding participation by STATE and other NON -RECIPIENT generated public funds towards Project acquisition or construction in the event that RECIPIENT ceases to utilize the Project for the intended public transportation purposes or sells or transfers title to or control over the Project. Such refund or credit to STATE shall not be required, subject to STATE approval of that intended use, if RECIPIENT dedicates the proceeds of such sale or transfer exclusively to STATE approved public transportation purposes which are also subject to this credit due STATE if subsequently sold or transferred or, in the case of proceeds attributable to NON - STATE, NON -RECIPIENT funding, such proceeds are returned to the funding entity or otherwise expended according to the funding agreement with such entity. STATE shall also be granted an acquisition credit for future purchases or condemnation of all or portions of the Project by STATE. The refund or credit due STATE will be measured by the ratio applied to the then fair market value of the Project property acquired. Agreement No. P11613-1 Sheet 9 of 11 - SECTION 10. RECIPIENT should be on notice that the Federal Transportation Administration ("FTA", previously "UMTA") does not share in any revenue stream from projects which it has participated in. However, FTA does require that it specifically approve private and incidental uses of its funded projects to assure that they do not adversely impact transit use. In FTA funded projects, revenues that are derived from these private and incidental uses must be documented, are subject to audit and are required to be applied to transit purposes. FTA circular 5010.1A provides program management guidelines. SECTION 11. The Fund Transfer Agreement, these Provisions, the CTC Resolutions, the Project Description and the Scope of Work document approved by STATE constitute the entire terms of the grant Fund Transfer Agreement between the parties for the work to be performed pursuant to this grant and all subsequent grants awarded to this Project. The Project Description and/or the Scope of Work document may be modified, altered or revised only by a written Amendment between RECIPIENT and STATE. SECTION 12. Additional funding for subsequent Project Phases may be granted through amendments to this Agreement. A new CTC allocation resolution will also be required following the submission by RECIPIENT of an acceptable supplementary Scope of Work document and, when necessary, a revised Project Description. ARTICLE VI. BOND PROVISIONS SECTION 1. If Project funding is being provided in whole or in part pursuant to the Clean Air and Transportation Improvement Act of 1990 (Prop. 116), -the following additional provisions apply to RECIPIENT: (a) Where RECIPIENTS Project includes a commuter rail project within the meaning of Prop. 116, RECIPIENT shall coordinate and share with other public transit operators any rail rights-of-way, common maintenance services and station facilities used for intercity and commuter rail. Intercity and commuter rail services shall be coordinated with each other, with other providers and with freight traffic to provide integrated rail passenger and freight services with minimal conflict. (b) RECIPIENT agrees that all passenger rail and water borne ferry equipment and all facilities acquired or constructed pursuant to this Agreement shall be accessible to persons with physical disabilities, including wheelchair users. All passenger vehicles and vessels acquired pursuant to this Agreement shall be accessible to wheelchair users at all stops, stations and terminals, . whether or not staffed. (c) RECIPIENT (other than the transit operator identified in Sections 99633 and 99634 of the Public Utilities Code) shall require that all Agreement No. P1 1615 4 Sheet 10 of 11 intercity and commuter rail cars purchased conform to the California Rail car specifications developed by STATE as specified in the Clean Air and Transportation Improvement Act. Section 2. RECIPIENT shall not loan any portion of bond proceeds represented by this grant to any private (including nonprofit) person or business. For this purpose a "loan" includes any arrangement which is the economic equivalent of a loan, regardless of how it is named. . Section 3. Except as provided in this Article VI, STATE and RECIPIENT agree that any costs of the Project acquired or constructed by RECIPIENT allocable to portions of the Project which are subject to any property interests held by a nongovernmental person(s) in connection with business activities, such as easements, leases, or fee interests not generally enjoyed by the public, (hereafter referred to as Nongovernmentally Used Property or "NUP") shall, for accounting and bookkeeping purposes, be allocated to funding sources other than the State bond funds. For purposes of making such allocations, the costs attributable to NUP involving a sale, easement, lease or similar arrangement shall be determined on -the basis of a fair allocation of value, which may include determinations based upon square or cubic footage/acreage of the area encumbered by the lease or easement relative to the total area acquired or constructed if all such area is of approximately equal value. NUP will include, but is not limited to, property which is sold (including sales of air and subsurface rights) and property subject to easements, leases or similar rights. A rail right of way will not be treated as NUP solely as a result of a Freight Use Easement retained by the seller of the right of way to RECIPIENT, - - -"provided that the sales agreement appropriately excludes the Freight Use - Easement from the property or rights being acquired. Further, notwithstanding anything in this Article VI to the contrary, RECIPIENT may allocate grant funds to the cost of any NUP if (i) neither RECIPIENT nor any other governmental entity will receive, directly or indirectly, any payments from or on behalf of the nongovernmental user of the NUP, or (ii) the payment from such user does not exceed the operation and maintenance costs fairly attributable or allocable to the nongovernmental use of the NUP. Section4- RECIPIENT shall request, in writing, STATE's advance approval if grant funds are to be allocated to any NUP, except "incidental use" property described below. If property, the costs of which have previously been allocated to grant funds, is to become NUP before the State bond funds are fully paid or redeemed, then RECIPIENT may allocate the costs of such property to another funding source as provided in Section 3 of this Article VI, or obtain STATE's approval that the allocation of the costs of such property to the grant funds may remain. Itis anticipated that STATE approval will be granted if, taking into account the existing and expected uses of the proceeds of the State bonds, the STATE determines that the continued tax-exempt status of the State Agreement No. P116B-4 Sheet 11 of 11 bonds will not be adversely affected and that the use of the property is consistent with the Project and its described purpose. For purposes of these Articles VI Section 3 fund source allocations, RECIPIENT does not have to take into account as NUP those "incidental uses' of the Project (such as, for example, advertising billboards, vending machines, telephones, etc.) which meet requirements of federal tax regulations (IRS Notice 87-69 or any successor thereto). In general such Notice requires that the incidental use not be physically separated from the rest of the Project and not comprise in the aggregate more than 2-1/2% of the costs of the Project. Section . If RECIPIENT enters into a management contract with a private party (including AMTRAK) for operation of rail, ferry or other transportation services in connection with the Project, it will either (a) obtain approval from Bond Counsel acceptable to STATE that the terms of the management contract meet the requirements of Internal Revenue Service Revenue Procedure 82-14 (as supplemented or amended) or any successor thereto (dealing generally with guidelines for when management contracts may be deemed not to create a "private use" of bond -financed property) or are otherwise acceptable; or (b) be prepared to certify upon request of STATE that the revenues which RECIPIENT (or its manager) will receive directly from the operation of transportation services in connection with the Project (but not including any subsidy of the transportation operation from taxes or other outside fund sources) are for any fiscal year less than the ordinary and necessary expenses directly attributable to the operation and maintenance of the transportation system (excluding any overhead or administrative costs of RECIPIENT). In any year for which option (b) will not be true, RECIPIENT shall consult Bond Counsel acceptable to the State Treasurer's Office'to obtain approval of the management contract or an opinion that the circumstances present will not.adversely affect the tax-exempt status of the bonds. Section 6. If RECIPIENT receives any revenues or profits from any NUP allowed pursuant to this Article VI (whether approved at this time or hereafter approved by STATE), RECIPIENT agrees that such revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or operating costs. If . RECIPIENT does not so dedicate the revenues or profits, a proportionate share shall (unless disapproved by Bond Counsel) be paid to STATE equivalent to STATE's percentage participation in the Project. ATTACHMENTS The following attachments will be included in the Fund Transfer Agreement. With the exception of ATTACHMENT VI, OLP will insert each of these attachments into. the Fund Transfer Agreement when they are transmitted to the local entity by the District. ATTACHMENT I PROJECT DESCRIPTION Describes location, proposed work, and net length of project. Includes a project schedule. ATTACHMENT II CTC ALLOCATION RESOLUTION Documents that the CTC has approved funding for the project. ATTACHMENT III SCOPE OF WORK Provides a project description, project financial plan, and cash flow expenditure plan for the project. ATTACHMENT IV SCOPE OF WORK APPROVAL When signed by the District, verifies that the Scope of Work tasks are in conformance with the allocating resolution. ATTACHMENT V - - CTC RESOLUTION G-92-2 (Ignore if not " applicable) Addresses CTC policy for hazardous waste identification and clean-up for rail right-of-way. ATTACHMENT VI RECIPIENT RESOLUTION To be inserted by the local entity prior to Agreement transmittal to Caltrans. It provides documentation that the local entity's governing body is committed to the project. Agreement No. PI 16B-4 Sheet 1 of 2 ATTACHMENT I -.PROJECT DESCRIPTION Conditions: Prior to advertising, local entity shall prepare a complete set of contract plans and submit same to State for approval. Such plans shall conform to uniform specifications and to design and safety standards as described in the Caltrans Highway Design Manual -Bikeway Planning and Design Section 7-1(XX) established by Staiee. "Preliminary Engineerin," as used herein includes all preliminary work related to the project, including, but not restricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction Engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, field reports and records. estimates, final reports, and allowable expenses of employees engaged in such activities. Preliminary and Construction Engineering costs included in the estimate contained in the Scope of Work are eligible project costs. Preliminary Engineering is limited to 5% of the grant allocation. State reimbursement to local entity will be on the basis of the actual cost thereof to local entity including compensation and expense, of personnel working on the project, required materials, and automotive expense provided; local entity shall pay its general administrative and overhead expenses. II. Description of work proposed: Location: The Santa Clara Bike Trail is located in the City of Santa Clarita in northern Los Angeles County. Trail begins at 1-5 at Santa Clara Riverbed and ends at] -14 at Shadow Pines. The trail is a Class 1, off-street facility which will run from the eastern -Ci{y limits to the westerly City -limit line. Description of work: Project will include a 12' wide paved surface with a 4' wide soft surface adjacent to it. The trail will include fencing, access control, ramping, signage, striping staging areas and rest stops. Removal anti relocation of an existing bike lane on Soledad Can' Road to allow for a third traffic lane will also be incorporated into the project. Originally, this project was programmed for $800,000 to fund a project costing $5,315,000. That project, when completed would consist of three trails to be constructed in phases. $2,015,000 of the $5,315,000 however was identified as "unfunded" in the Allocation Request. For this reason, we notified the City that we could not fund a project that might have a shortfall of that magnitude. Unless they were able to assure us that those moneys would be available for this project, they were told to downsize the project without significantly altering the nature of the project. In response, the City submitted a revised application showing that they intend to construct one segment of the trail system for now with $2,350,000 they already have on hand. This would be a. stand alone project. Currently, the City is working with the LACTCIRCC to have them agree to fund three and one-half miles of the bikeway corridor and donate easement for the long-range project Net length: Approximately 14.5 miles. III. Project Schedule (To be completed by local entity) PROJECT SCHEDULE ACTIVITIES Rlaht-of-Way Agreement No. P116©-4 Sheet 2 o12 ©.©©n.nmm . n. Mom= mm��111mmommm="MMM=n9 . _. mom �.i.vM_.o.m ..im..i.i..■■.. Sm .._�...�=Mmmn©©®©..i mmmm.m._ on . , :.....�.�.��....�........��©©©©gym ATTACHMENT 11 - CTC ALLOCATION RESOLUTION PASSED 8Y APR 0 11993 CAIff%NIA 'TATION COMMISSION 1.1 WHEREAS, the California Transportation Commission (Commission) has adopted an annual Proposition 116 Bicycle Program plan of bicycle commuter improvement projects, and the electorate enacted Proposition 116, the Clean Air and Transportation Improvement Bond Act of 1990 in the June, 1990, election authorizing the sale of General Obligation Rail and Mass Transportation Bond funds for capital purposes; and 1.2 WHEREAS, the bicycle improvement and bicycle commuter projects (the Projects), as further detailed in Attachment A, appear on the necessary State capital projects funding list(s) as entitled to participate in this allocation; and 1.3 WHEREAS; the County of Sonoma, County of Santa Cruz, the Contra Costa County Public Works Department, and the City of Santa Clarita ("the Recipients") are committed to providing any required local matching funds and to fully fund implementation of the Project in compliance with grant or bond funding requirements or, if Recipients meets the criteria, in compliance with the conditions of Commission_ -- Resolution G-92-14, "Guidelines for the Deferral of the Commission's Proportional Expenditure of State Funds Policy". 2.1 NOW THEREFORE BE IT RESOLVED that a total of $1,436,350 in State Proposition 116 bond funds be allocated to Recipients for the Projects, as detailed in Attachment A; and 2.2 NOW THEREFORE BE IT'FURTHER RESOLVED that the transfer of funds.for the Projects shall be governed by fund transfer agreements, and subsequent amendments to the same if required, executed between Recipients and Department of Transportation (Department); and BFP-92-28 March 18, 1993 Page 2 2.3 NOW THEREFORE BE IT FURTHER RESOLVED that the funds allocated to the County of Sonoma for the Sebastopol (Gravenstein Highway) Class I Commuter Bikeway project shall only be used to fund the bicycle - related facilities of the multi -use project. 2.4 NOW THEREFORE BE IT FURTHER RESOLVED that because the City of Santa Clarita's Santa Clara River Commuter Bikeway project has been down -scoped and the project application amended, prior to execution of a Fund Transfer Agreement the City of Santa Clarita shall forward to the Commission: A. An original title and certification page certifying the application amendment. This may either be a single master resolution from the governing board/body certifying the application amendment, or a certification signed by an individual who has been delegated the authority to attest to the application amendment. If an individual with delegated authority makes the certification, the City shall also submit a copy of the governing board/body's resolution delegating such authority to'the individual; and B. A revised project description containing a new scope of work; and C. A revised financial plan; and D. A revised cash flow'expenditui6 plan'.` ` 2.5 NOW THEREFORE BE IT FURTHER RESOLVED that Recipients shall provide Department, for the balance -of all funded Project allocations commencing with the first quarterly review, updated quarterly expenditure plans by category, including any proposed changes; and 2.6 NOW THEREFORE BE IT FURTHER RESOLVED THAT, in any instance of bond financing of Recipients' Projects, the Commission, acting on behalf of the State, by this Resolution intends: A. to cause and approve the issuance of taxable or tax-exempt State general obligation bonds under Propositions 116, to reimburse Recipients for the State's proportional participation in the costs of the Projects identified in Attachment A; BFP-92-28 March 18, 1993 Page 3 B. to reimburse Recipients' expenditures that shall not have been paid from the proceeds of any other tax-exempt indebtedness unless such prior . indebtedness will be retired with the proceeds of such State monies; C. that this Resolution be a declaration of official intent of the State within the meaning of U.S. Treasury Regulations Section 1.103-17(c) with respect to the Project; and D. that this Resolution will be continuously available to the public for inspection during normal business hours at the Commission Office, 1120 N Street, Sacramento, California, commencing not later than two weeks after_the adoption of this Resolution; and 2.7 NOW TEEREFORE BE IT FURTHER RESOLVED that,in any instance of bond financing, any allocation for the Recipients' Projects is subject 'to the following conditions and assurances from each Recipient: A. completed bond sales authorized by the State Treasurer; B.. completed bond certification from the Department, Preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement; C. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, executed preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement, that Recipient will not adopt new or increased development taxes, fees, exactions or permit fees for the purpose of providing local matching funds if such matching funds are required or for Project operating budgets; BFP-92-28 Ma=ch 18, 1993 Page 4 D. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, that when acquiring property or constructing capital improvements on the Project, Recipient has exercised all due diligence in the discovery of hazardous wastes; that Recipient will enter into enforceable agreement(s) with any and all owners of to -be - acquired properties for clean-up of hazardous wastes; that the State, Department and the Commission are to be indemnified, defended and held harmless from clean-up liability or damage, both present and future; and that no additional State funds will be requested for clean-up, damages, or liability associated with hazardous waste on or below the acquired property; Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, preferably by the time of Commission allocation actionbutnot later than prior to execution of a fund transfer agreement, that no other capital funds Previously programmed, planned, or approved for bicycle projects will be used for other purposes; - - --- -- -- F. - Recipient certification, in the form--of--a--formal--- - resolution of its Board delivered to this Commission, preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement, that no other State funding sources will be used to complete this project if Project costs exceed those identified in the approved application; G. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement, that Recipient has the financial and institutional ability to accept the legal liabilities associated with this project; BFP-92-28 March 18, 1993 Page 5 H. Recipients shall post on each Project construction site(s) at least one sign, visible to the public, stating that the Project is partially funded with State grant bond funds; and 2.8 NOW THEREFORE BE IT FURTHER RESOLVED that, in the event that a Recipient, or its successor public entities, cease to utilize the Project for the intended purposes or sells or transfers title to the Project, this Commission shall be entitled to a then present value refund, or credit, at State's option, equivalent to the proportionate funding participation by the State towards property acquisition and.Project construction. The credit for future purchases or condemnation of all or portions of the Project by the State, and the refund or credit due the Commission in each instance, will be measured by the ratio of State and other public funding to that,provided from Recipient. That ratio will be applied to the then fair market value of the Project property. Attachments m 11 L_..+Ill 11111111 UI V U1 _U ' II applicable, es amended by ReSolulloll ALLOCATIONS FOR NEW RAIL BOND AND TRANSIT CAPITAL IMPROVEMENT PROJECTS Recipient: County of Sonoma Project: Sebastopol (Gravenstaln Highway) Class I Commuler Blkeway FUNDING SUMMARY. TCI FUNDS TOTAL TCI Reda BOND 106 FUNDS TOTAL $0 STATE FUNDS TOTAL •.. .............AW(L000 BONO 116 FUNDS TOTAL ev. & I" (Bond lOs ) PUC •(6aed IIsi _ pp LOCAL FUNDS TOTAL $102. AAbp' I ALYIAmount Prad1. Crux Project FED. FUNDS TOTAL FUNDING TOTAL Act a chap o) Nam No. a) Match so, IW3 Agenda Yam 2.6(1) _—So I _fI96501aJ,..�M.^�..:.........+ I _.....GmlitC._... I PA-92�05._.......I .._�ljicYda....... I b' I................... _ L99L92 •__�•__.___ �.._�... __.__....___ o) Local.Asaistatlra.. District(&): nt.... .... ..___ Count(r(les): Sonans...._. ----- _...._....._..._._...._... Envkon. Stalus: •• N&0..Dad..r.NOA.IibA........................ .............. _.......... _ Recipient: County of Seals Crux Project: McGregor Drive Bike Lanes I FUNDINO SUMMARY: BOND IOBFUNDS TOTAL SO I STATE FUNDS TOTAL"' ................2176.]50 FED. FUNDS TOTAL , I iCI FUNDSTOTAL So BOND 116 FUNDS TOTAL $136.350 LOCAL FUNDS TOTAL $46,000 FUNDING TOTAL. Sia2,350 GONf1bN1 ALLMA11GN 5V.61rey (Uona1G) TCI Funds Bandits Boodles STIP Ho. AA�aoPropr. Yl. PIeLIAppp1k. No. Pic)." Typo SO Budget Act&Chop a)Program Coda PUC•IBondlle) ALY11owl. r ALMAmoud Plan Ysu bl Budget Yam No. in Eap«d C.rg. 2 I.__._...io...�.._I..�_SL06.S50 sa al Budget Act &Chop el Program Coda b Budget PUC•(Bond1161 ALM Bowl. I AL Amount Na sar .......I.._....Dicyde........ Yam No. N E.Pend.Came.,, lisazlra.. I.._.�..........._./I......Conllu....... { I b) ..._�.....----- d) Loral s.As Distficl(s): fill ......... ....... _. Coumy)les): SWd.C+uz.._...._._................._........ Environ. Status: •• CE.:NDEMed ....... _.............. ......... ........ ......... ............ Recipient: Contra Costs County Public Works Department Project: Delta De Ants Trall •• Pittsburg Section FUNDING SUMMARY: DONDIOBFUNDSTO(AL $o STATE FUNDS TOTAL"' ...._..Y..23O0.000 FED. FUNDS TOTAL TG FUNDSTOTAL $0 BOND IISFUNDS TOTAL I $300,000 LOCAL FUNDS TOTAL $600,000 FUNDING TOTAL $900.000 CURRENT ALLOCATION $tr.41&vy (Boodlool TO Fitch Bondile Baldlas STIP Its. Appropr. Yr. NoL Applk. No. Propel Type al Budget Act &Chop el Program Coda b Budget PUC•(Bond1161 ALM Bowl. I AL Amount Na sar Yam No. N E.Pend.Came.,, ...._ e) c) 2n AQ b) ._...«.»..._.__ . _.._..._...._. _ .....» d) LoralAuulatrw.. Dislrid(s): IIS........_._....». Counly(les): GorLaCOsla»..._..........._..»_..__... Envkon. Status: ".CEsNDElded............. ................ ..._...».._...._......__ Recipient: Cloy of Santa Clorlta .Timely Use of Funds; The Implementing public agency should encumber the Slate funds by the and of the Slate Nissl year plus Thee months (Nesduiion No. G 88 6). The knplementing public agency must upend at least 50 percent of allocated funds within Iwo years Including the liscal West In which the funds were first appropriated (Resolu6n No. 0 90-11). Dales reflect Governor`s Budget Encunbrance A Liquidation time times General Obligation Bond funds have encumbrance and liquidation lime hames more restrictive than provlded In Ilia Govemoes Budget - 9 axxx,,apa VvV an amwdaY neosaorl odp.rl naoWon amended by the accord iosok4on siewn •• CE • Clleywkaly E.empi SE - slatUuey Exempt )IOD. Nair of Datanniusion NOE • Haire at Exemption Nag. Owl: Nagalbe De Watson EIR • Ennis. Inped Review "'Slag haxlry total k¢Lalee ICI. 100 Bed and 118 Bond ` . Ht5ULU11UN UPI' -92-2U AIIAUMNIA • 8 applicable, es emended by ReSOlUJIGn Much IB, 1990 Agenda lent 2.6(t) ALLOCATIONS FOR NEW RAIL BOND AND TRANSIT CAPITAL IMPROVEMENT PROJECTS Project: Sante Clare fljver Commuter Bikeway FUNDING SUMMARY: BOND108FU4DSTOIAL SO STATE FUNDS TOTAL"' .—.-......_5800.000 FED. fT1fJ0S TOTAL TCI FUNDS TOTAL $O BOND 116 FUNDS TOTAL $800,000 LOCAL FUNDS TOTAL S1,550.000 FUND14G TOTAL CURRENT ALLOCATION So -A IMy (Bond 106) STIP No. AA�pyyropr. Yr. poL Applk.fro. AeMp Type o) BudgelAdlC1 TG Florida 1100,111111 Band 101 PUC-toordllel ALM Rowl. I A%Amaura pYn Year b) Bud= No. a 1... _...... 50..__.» 1..._ .... 5800.040 .... ..............SO ..._...._ ..... ._....... I.......C9n9ct.._... PA 92 05 ..._.Tiicyda....._ I a) .................. ... C) 2111nnl1.. ...80GY1(as. _....».........»». _... b) d) L�caIAS istanca.. Olsbkl(s): IIT._................ Counly(ies): Jo AWntaa._.................................. Environ. Status: CEaME. d...........................:.............................._..... Timely Use of Fund a: The Implementing pubic agency should encumber the Slate funds by the and of the Slate fiscal year plus three mordhs (Resdotion No. G 88 6). The linplemenling pubic agency must expand al least SO percent CI allocated funds within Iwo yeas Including the fiscal year In which the funds were first appropriated (Resolulion No. G 90 11).. Dales reflect Governors Budget Encumbrance 6 Liqudalnn lime-hames. General Obligation Bond funds have ancumbrance and liquldallon Ilme-Irames more restrictive than provided In the Governors Budget. ' 0a.,pogvg m urwWg rosokaork o.prel makaion amended by the sea"reedaun devar. ••CE - Caegmewy Eeompr SE - Slawwly Eumit NOD - No" d DNonunaon NOE - Nab CAEssmpion Nag. pact- Ne9aiw* Doda.Aim EIR Emco. irpacl fw.iew '"Siae Ica Vtea kNu $ TCI. 100 Sad rrd 116 Bad ATTACHMENT III - SCOPE OF WORK Agreement No. PI 1613-4 23920 v„enc„ B,,,4 Phone Sheet I of 6 'suite 300 1805) 259.2489 City of Sana Cwita raz ti - Gl:lorrv¢ 91355 (505) 259.8125 - City of ZE4"lSFP 1t LI`Vr-1 C�'f Santa Clarita March 17, 1993 Ms. Joyce Parks Carrrans Local Programs P.O. Box 942874 Sacramento. CA 94274-0001 Dear Ms. Parks: Thank you for contacting us to provide the support information needed to cortdnue our Jan Meidt appropriation process for the March meeting of the California Transportation. Commission. Maror George Pederson Confirming our previous conversation regarding the scope of work of the Santa Clara River Commuter Bikeway and the need to reduce the Mayor P+v7om project to conform with the available funding requirement by California Transportation Commission's budget Unit, we submit the following for your review. Cart Soyer . counchmember JoAnne Darcy We concur with the Budget Unit analysis on future fund' ng Project construction as currently funded. guarantees and Scope of Councllmember Jilt Kwic Councamember Currently, the Sarna Clara Rivers defined transportation corridor (eastern three and one- haft miles) Is under consideration by Los Angeles County Transportation Commission for acquisition. This action, when completed, will have a beneficial and measurable effect on the Commuter Bikeway thereby justf laby reducing the scope of project construction to match our current resources and revenues. The Santa Clara River Commuter Bikeway project construction cost of 55,315,000 may be reducedbythefollowing:- - - ___.._.- :_:..:-• 1. Three and one-half miles of the eastern bikeway corridor is being considered for acquisition by LACTC/RCC. This acquisition will Include the Santa Clara River Commuter Bikeway route, the City of Santa Cfarita will receive an easement for the construction and operational use of the Los Angeles Regional (Santa Clara Rlver) Commuter Bikeway. a. This acquisition and the no-charge easement will reduce our previously budgeted costs for acquisition. b. The preparation of the rail corridor grade by LACTCIRCC will reduce the Previously budgeted costs tot construction along this section. e. If the bikeway is constructed to conjunction with the railroad emergency repair road, there could be additional construction savings. d.. There win be a time delay during the negotiation period with the private land hollers along the multl-modal transportation corridor. This win cause the need to reschedule this portion of construction to a future period. 7-93 w=D 11:69 5k1iA C:rnzlTA F kO R FAX NO. 805255;995 Agreement No. P116B-= Sheet 2 of 6 Ms. Joyce Panes Carrrans Local Programs Page 2 2. Three mlles o1 the western blkeway will not be accessod until C2t7rens and the Chy of Santa Clsdta have completed a Memo of Outstanding (MOU) along with design and engineering pians for the undercrossing of Interstate Highway #14. a. We do notanticipate any major cost reduction and perhaps may see a minor Increase due to rescheduling the construction to a future period. b. The time required to process the plans and the associated MOU will require that the construction of this section of trail be rescheduled to a future period. The following reduced Scope of Project budget outline Is submitted for your approval. PROJECT COST Englneering/Design Property Acquisition ConstructiontRehab TOTAL PROJECT COST PROJECT REVENUES General Fund Private Contributions City Bond Fund Prop 116 1991/92 1991/92 1992193 1993/94 TOTALS $100,000 S 200,000 S 300,000 150,000 400,000 S .400,000 950,000 500.000 600,000 11100.000 $250,000 $300,000 $1,100,000 $1,000,000 $2.350,000 S 200,000 400,000 800.000 $ 300,000 5217.000 417.000 433,000 833,000 800,000 TOTALPROJECT REVENUE $300,000_-$1,40Q,000.__..5650,000__.,22,350;000 - If I can provide additional support for your records, please contact me or Mr. Joe Inch, out City Trails Coordinator. I appreciate all your help in keeping this project on track for the March Commission Agenda. Sincere yam Director of Parke, Recreation, and Community Services REP/JMl:pes /�lmw�y ;?F.- 7-93.;=D 11:49 S.*CiA C:n.?ITA P AND R FAX N0. c052551998 Agreement No. P1 16a-4 Sheet 3 of 6 Application for FY 1991-92 Funds ' CATIA Fund Program Bicycle Projects ANNUAL ELEMENT PROJECTS PART 1. TITLE AND CERTIFICATION Applicant Agency: City of Santa Clarita Parks, Recreation, and Community Services Department 23920 Valencia Boulevard, Suite 120 Santa Clw ta, CA 91355 Contact Person: Wayne Weber, Park Planning and Development Supervisor Telephone Number: (605) 286-4026 Project Title: SANTA CLARA RIVER REGIONAL COMMUTER BIKEWAY Project Location (County, City or Cities): County of Los Angeles City of Santa Cladta Santa Clara Riverbed Floodway Los Angeles Regional Transportation Corridor State of California Trail Corridor Amount of Proposition 116 Funds Requested in FY 1992-93: 5800.000.00•• r ..� .. �.. �._. ... ... ...-' .1 �.. To the best of my knowledge and belief, the data and information In this application is true and correct and I am authorized to file this appliealion. Name and Title: Signature: Rick Putnam, Director, Parks, Recreation, and Community Services Date: 3'Zs -93 n?R- 7-.z3 wED. 1149 Skh?A C_Ar.;ik ? kN0 R rn.X No. Agreement No, PI16B-4 Sheet 4 of 6 SANTA CLARA RIVER BIKE TRAIL FINANCIAL PLAN GENERAL FUND , . - ............ The City has committed three hundred thousand dollars from this year's budget to complete design and engineering on the bike trail. These are current funds which will. be used In fiscal year 1991-92- DEVELOPER 991-92 DEVELOPER IMPACT FEES ....... • ... $417,000 This is an agreement between the City and three developers, Westland Development Corporation. Newhall Land and Farming, and American landmark Development Corporation. One agreement sets two hundred thousand dollars as an impact fee for the large development project Of two developers. The other provides for trail construction fees. CITY BOND ........... $x33,000 The P.F.A. bond is a twenty -million -dollar bond which will fund a number of Infrastructure projects that the City is In need Of completing. Two million dollars of this money has. — ------been-budgeted to fund the development of the Santa Clara River Bike Trail. Eight hundred thirty-three thousand dollars of the bond money will be used in the years of 1992 through 1994 for this phase of acquisition and construction. PROPOSITION 116 FUNDS ...... • .................. $800,000 Grant funds which are administered by the C.T.C. for - construction of commuter bike trails. The grant funds will be used in the years 1992 through 1994. TOTAL PROJECT REVENUE S2.360.000 :�rA.pry a:..- x-7,7 nG� .•.� �.un ...:....is nV R Agreernem 1W. I I IQD-� Sheet 5 of 6 PART 4. PROJECT BUDGET 1. Please provide a project budget. Including a breakdown of all project Costs and revenues and any multi-year phases of the project:, PROJECT COST Englneering/Design Property Acquisition Construction/Rehabilitatlon TOTAL PROJECT COST PROJECT REVENUES General Fund Private City Bond Fund State: Proposition 116 Funds _.:.... <_. --Other-(Specify).._ ...._- - Federal: Other (Specify) TOTAL PROJECT REVENUES P'olbu�j,�m' 81132 82183 f 93/94 I TPROJECT OTALS 100,000 200,000 - 300,000 150,000 400,000 400,000 950,000 - 500,000 600,000 1,100,000 250,000 1,100,000 1,000,000 2,350,000 300,DD0 200,000 400,000 800,000 217,000 433,000 300,000 417,000 833,000 800,000 300,000 1,400,000 650,000 2;350,000 n -c- i -a3 =D FAX N0. oio:oi:yo Aareement No. YI 16B -- Sheet 6 of 6 PART 4. (Continuation) 2• Please briefly describe the sources of your Cost and revenue estimates: SANTA CLARA RIVER BIKE TRAIL CASH FLOW EXPENDITURES PLAN COST REVENUE B LANCE 1991-92 FISCAL AR General Fund Budget $ $ 300,000 $ Preliminary Alignment Conceptual Approval Project Description Environmental Documentation Identify Property Owners TOTAL 1991-92 1992-93 FISCAL YEAR Proposition 116 PFA City Bond Private Funding Negotiate Ease 125,000 25,000 25,000 50,000 25,000 S 250,000 $ 300,000 S 50,000 $ $ 600,000 $ 400,000 ments 200,000 Design' 100% 100,000 Acquire Property 100,000 Construction 400,000 500,000 -TOTAL 1992-93 -$ _'_1100,000 $ 1,400,000 S 300,000 1993-94 FISCAL YEAR Private Funding PFA City Bond Construction Acquire Property TOTAL 199394 TOTAL PROJECT COSTS AND REVENUES P�bvB,Jri,i . ;7 $ 217,000 $ 433,000 600,000 400,000 $ 1,000,000 $ 650,000 $ (350,000) S 2,350,000 S ' 2,350,000 $ .0 I AGREEMENT NO.PIIC-A—BIL ATTACHMENT IV - SCOPE OF WORK APPROVAL Name of Recipient: Name of Project: Resolution Number. Date of Resolution: Amount of Allocation: Fund Source: Expiration Date of Funds: SCOPE OF WORK APPROVAL: The Department of Transportation hereby certifies that the attached "Scope of Work" document has been submitted by the recipient named above and that its description of tasks to be accomplished with the allocated funds is complete and in conformance with the allocating resolution specified above. Deputy District Director for, Planning and Public Transportation Date SQUACI sp&CIAL DEqlah^TWk LCD SURA NU SUS IDS 97. FARM—N-4 OBJECTAMOUNT E.NCUMS"NCI Qj FBCAL DOCUMENT CR YEAR NUMBER OaSf UND UN wORY OR ■ NU •JOA BRI Nu J LP� W' YPOM1 /� OM1 p[1101Y� y1OY sB 1%Yf jY%IMI,YYL1 an /VRIiYSit Of Ad FLnaS ML AM Odil Amud dbO SIGMA U Of A 011 1 FIC Ti EAAIV=L7043r- s ATTACHMENT V - CTC RESOLUTION FErR77 !991 G-91-2 60 CAL�xiA% TaANs►ORTAT; CO[elaa101 CALIFORNIA _RANSPORTATIOH COHHISS:ON RESOLUTION 0-91-2 Commission Policy Resolution for Hazardous Waste Zdentification and Cleanup for Rail Right -of -Way WHEREAS, the Commission has programmed funding :or rail right-of-way acquisiticn in the 1990 State Transportation Improvement Program and may allocate funds .!or rail right-cf-way Acquisition from the Clean Air and Transportation Improvement Act; and WHEREAS, hazardous wastes, based upon federal and state statutes and regulations, include but are not limited to such categories as heavy metals, (n.g., lead), inorganic (e.g., excessive mineral levels) and organic compounds (e.g., petroleum products), and can occur on a property's,surface and subsurface; and WHEREAS, rail properties often have hazardous wastes exceeding State of Californla and federal hazardous waste standards; and WHEREAS, such properties contaminated.with hazardous wastes require mitigation Prior to using them for rail purposes; and WHEREAS, hazardous wastes discovered on rail property may significantly impact property value, proJett scheduling and future liability for the grant applicant; and .-.._ .. ... .. -WHEREAS,-- a-the-muet"ba asau'red'that'acquiBit-ion'd"f"-raiT"properties-hnve_1, been fully reviewed by the grant applicant, and Sf warranted,.the grant applicant has tested for hazardous wastes, and ; WHEREAS, if hazardous wastes exist, the Commission must be assured -that the hazardous wastes identified has either been cleaned up, or financial responsibility.for the cleanup has been determined prior to title transfer to the grant applicant, or easement has boon secured in lieu of purchasing the property, and the subsurface rights and liability for hazardous wastes remain with the property.seller; and WHEREAS, hazardous wastes identified subsequent to title transfer to the grant applicant will be cleaned up by the seller or a mechanism to recover cleanup costs is established and executed as A condition prior to title transfer; and WHEREAS; full due_diligence is necessary in discovering hazardous waste and is an essential element in acquiring rail right -of -ray properties by the grant applicant; and NOW..HEAEFORE BE ZT RESOLVED, that acquisition of all rail right-of-way properties will be _fully investigated by the grant applicant to determine the absence/presencs of hazardous wastes. Znveezigatlons shall be conducted in accordance to the standards and practices of the local, state and/or federal regulatory agencies•having jurisdiction and by personnel adequately tralned in hazardous waste investigation; and -2 - Be II: FURTHER RESOLVED, that -all propertles, discovered with hazardous wastes whictu exceed the federal/state standards, will be claanad up to the satisfaction of this responsible local, state and/or federal regulatory agency. The appra;priate regulatory agency &hall certify to grant applicant that the cleanup has been completed; and BE Ia rURTHER RESOLVED, that the grant applicant will certify by formal resoL''ution to the .Commission that all reasonable ,atape have been'completed to assnos full due diligence in the discovery of hazardous waste has.been achieved durinkq the acquisition of rail right-of-way and -the state is held harmless from claacuup liability or damages, both present and future; and BE IV FURTHER RESOLVED, that the grant applicant will certify by formal resoLution that it will not seek further state funding, for clm eanup, daage■, or liability cost associated with hazardous wastes on or below acqulred property*■ surface; and BE I= FURTHER RESOLVED, that the grant applicant will cartify.to the commissioni a that all rail right-of-way acquisition properties have been investigated and have been found clean; 0 or that the cleanup of discovered hazardous waste has been completed prior to acquisition of the property; o or that the grant applicant has obtained permanent easement and the subsurface rights and liability and full reapcnsibility,to' pay for and remove such hazardous waste remains with the seller in conformance with applicable State and Federal law; 0 or If hazardous wastes are known to exist prior to acquisition and if the Applicant determines.thac time is of the essence for acquisition, then and in chat event, an enforceable agreement will be entered Into requiring the responsible party(Lap) to clean all hazardous wastes by a date certain, with the option of funds sufficient for the clean-up costs deposited in escrow by -the seller. In tine event of failure to clean up by the date determined, the recipient of the granC will make.full restitution to the State for its participation. This resolve does not preclude the recipient from requesting re -allocation not to excemd the refunded amount atter the hazardous wastes) have been fully removed from the subjset site; and ae I= FURTHER RESOLVED, that the grant applicant will certify to the Commission that the seller from whom properties have been acquired retain liability for any hazardous waste investigation and/or cleanup, and damages discovered, subsequent to this transfer of, title; and - at'IZ' FURTHER RE30LVEDj.the Commission declares all.future liability resulting from .haawrdous wastes remain with the seller or the grant applicant, not the states, and the grant applicant has been indemnified by.the seller for any costs rasu L'ting.from failure to eliminate hazardous wastes; and BE IT: FUATHLR RESOLVED, no state funds will be made available for any future \\\ coats associated with cleanup, damages, or liability coots associated with hazaadoue wastes on or below the acquired property•a*surface.